HomeMy WebLinkAbout1999-12-14 Municipal Planning Commission (Regular) Minutes
~~
County of Newell No. 4
Minutes of Municipal Planning Commission Meeting
December 14, 1999
The regular Municipal Planning Commission Meeting of the County ofNewell No.4 was held
in the County Office at Brooks, AB on Tuesday, December 14, 1999 commencing at 10:00
a.m.
Members Present Chairman C. Baksa
Councillors E. Stobbs
R. Steinbach
Representatives J. Doerksen
B. McKellar
Planner G. Shaw
Assistant Administrator A. Martens
Recording Secretary P. Hoffman
1. Excused from Meeting ,
All members were in attendance at this meeting.
/" . 2. Minutes
Minutes of the October 26, 1999 meeting were presented to the Commission. Moved by J.
Doerksen that we adopt these minutes as amended. Carried.
3. Call for Post Agenda Items
The Chairman called for post agenda items.
4. Adoption of Agenda
Moved by Councillor Steinbach that the agenda be adopted as amended. Carried.
5. Business from Minutes
11-1 Land Use Bylaw Amendments
Moved by Councillor Steinbach that we recommend to Council that first reading be given to the
proposed new land use bylaw as presented by the Planner. Moved by J. Doerksen that we table this
~,.., motion. Carried.
December 14, 1999 Page 112
~.!
9-5 Permit #2014 -Plan 9901983, Block 1, Lot 3 -Division 8
Benci, Louis & Jorgensen Ed -Relocate Mobile Home
Moved by J. Doerksen that the following motion be lifted from the table: "Moved by
Councillor Loewen that we approve Development Permit Application #2014 to locate a
mobile home with an addition within Plan 9910983, Block 1, Lot 3 subject to the following
conditions:
1. That this use be classified as a "Mobile Home and Addition " being a discretionary use
within the CR-Country Residential District.
2. That this use shall comply with all Federal, Provincial and Municipal statutes,
regulations, codes and standards.
3. That this use shall comply with the provisions ofSection S1 of Land Use Bylaw #1004-90
pertaining to the Country Residential District.
4. That the development shall be located as shown on the site plan submitted September 8,
1999. Any changes to that plan shall require the written approval of the Development
Off cer.
S. That this permit shall be for the development of a mobile home as shown in the pictures
provided by the applicant and forming a part of the development permit application to be
located within Plan 9910983, Block 1, Lot 3. This permit also includes the proposed
addition to the mobile home. Any additional development shall require a separate
development permit application and approval.
6. That this use shall comply with the Alberta Building Code where applicable.
7. That the developer shall be responsible for obtaining all required permits (i. e. building,
electrical, plumbing, heating and ventilation) from an accredited inspection agency.
Further, that the developer shall provide to the Development Officer a copy of the
building permit for this development prior to November 1, 1999.
8. That the developer shall ensure that the proposed development complies with the
following minimum setback requirements:
Front Side Flankage Rear
*7.5 m 3.0 m **40 m 7.Sm
* Minimum yard distance from subdivision streets or service roads.
* * Minimum Distance from the centre line of the secondary highway.
9. That the developer shall ensure an adequate supply of water is provided for this use.
10. That the developer shall ensure proper disposal of sewage and waste from this use.
11. That the developer shall ensure that the property is maintained to the satisfaction of the
Development Officer.
12. That the developer shall ensure that construction materials, supplies and equipment are
stored on the property.
13. That the developer shall ensure the continuous clean-up of construction debris tracked
onto the public roadway where access is provided to the property.
14. That the mobile home shall be skirted to the satisfaction of the Development Control
Of icer.
1 S. That the developer shall be responsible for siding the mobile home and proposed
addition in the same or similar material when the addition is constructed. The
installation of the siding shall be completed prior to September 28, 2000.
16. That no other mobile home shall be permitted on the property except for the one granted
approval under development permit application #2014 and as provided for under Section
31 of County of Newell Land Use Bylaw #1004-90.
December 14, 1999
Page 113
~ 17. That the developer shall undertake to mow all weeds within the road right-of-ways and
have a grader blade the roadways and re-gravel them to the satisfaction of the Public
Works Department.
18. That no other development shall be granted within Plan 9910983 until the developer
satisfies the conditions of the Development Agreement signed June 19, 1997. "
Vote on motion to lift from table. Carried. The Planner presented an update on the status of
the required improvement at this subdivision. Vote on motion. Carried.
6. Development Permits
1. Permit #2040 -Plan 9411173, Unit #53 -Single Family Residence -Division 5
Kenco Construction (Owners -Nesbitt & Lyster) -Variance to Land Use Bylaw
Moved by Councillor Stobbs that the Municipal Planning Commission grant a variance of 1.52 m
(4.99 feet) to Section 62.4 of Land Use Bylaw # 1004-90 to allow the foundation of a single family
residence to be constructed 5.98 m (19.61 feet) from the rear yard setback within Plan 9411173, Unit
#53 and approve Development Permit Application #2040 subject to the following conditions:
1. That this use be classified as a "Single Family Dwelling" being a permitted use within the RRl -
Resort Residential District.
2. That this use shall comply with all Federal, Provincial and Municipal statutes, regulations, codes
and standards.
3. That this use shall comply with the provisions of Section 62 of Land Use Bylaw #1004-90
pertaining to the RR1 -Resort Residential District.
.~- 4. That the development shall be located as shown on the site plan submitted November 2, 1999.
Any changes to that plan shall require the written approval of the Development Officer.
Approval is given fora 1.52 m (4.99 ft) variance to permit the foundation of the residence to be
located 5.98 m (19.61 ft) from the rear property line of Plan 9411173, Unit #53. This variance
was provided at the December 14, 1999, Municipal Planning Commission meeting. This
variance is granted because, in the opinion of the Municipal Planning Commission, it satisfies
the following:
(a) the proposed development would not
(i) unduly interfere with the amenities of the neighbourhood, or
(ii) materially interfere with or affect the use, enjoyment or value of
neighbouring properties,
(b) the proposed development conforms with the use prescribed for that land or
building in the Land Use Bylaw, and
(c) the proposed development complies with any adopted statutory plans.
5. That the developer and property owner ensure that no other structure be placed between the
residence within Unit #53, Plan 9411 l 73 and Unit #54, Plan 9411173 which minimizes sunlight
to Unit #54, Plan 9411173.
6. That this use shall comply with the Alberta Building Code, where applicable.
7. That the developer shall obtain all required permits (i.e. building, gas, electrical and plumbing)
from an accredited inspection agency.
8. That the developer shall provide to the Development Officer a copy of the building permit issued
authorizing the construction ofthe single family residence within Unit #53, Plan 9411173 prior
to the commencement of framing.
9.
" That the developer shall ensure an adequate supply of water is provided for this use.
~
,
December 1 4, 1999 Page 114
L~
10. That the developer shall ensure proper disposal of sewage and waste from this use.
11. That the developer shall ensure that the property is maintained to the satisfaction of the
Development Officer.
12. That the developer shall ensure that construction materials, supplies and equipment are stored on
the property.
13. That the developer shall ensure the continuous clean-up of construction debris tracked onto the
public roadway where access is provided to the property.
14. That the developer shall provide to the Development Officer authorization from H. Jager
Developments [nc. that the proposed development satisfies the architectural controls for this
area. This shall be provided prior to issuance of the development permit.
15. That development approval is given only for the single family residence and for the deck to
encroach 2.91 m over the 7.5 m minimum rear yard setback as provided under Section 39(2)(b).
Further encroachment of the deck into the rear yard shall require a variance of Sections 39(2)(b)
and 62.4.
t6. That the development shall satisfy the minimum yard requirements of the RRl -Resort
Residential District as otherwise varied by the Municipal Planning Commission at its December
14, 1999 meeting. These are:
Front Side Flankage Rear
3m 1.Sm* 3m 5.98m
*For zero lot line subdivisions, one side yard may be reduced to zero and the other side yard
shall be 3 m.
Carried.
2. Permit #2047 -Plan 5663 JK, Block 2 Construct Above-Ground Fuel Tanks -Division 4
Race Trac Fuels Ltd. (owner Oshner Holdings Ltd.)
Moved by Councillor Stobbs that we approve Development Permit Application #2047 for the
installation ofabove-ground tanks within Plan 5663 JK, Block 2 subject to the following conditions:
1. That this use be classified as an "Accessory Use" being a discretionary use within the HWY C -
Highway Commercial District.
2. That this use comply with all Federal, Provincial and Municipal statutes, regulations, codes and
standards.
3. That this use shall comply with the provisions of Section 53 of Land Use Bylaw #1004-90
pertaining to the HWY C -Highway Commercial District.
4. That the proposed development shall be located as shown on the site plan submitted November
30, 1999. Any change to this plan shall require written authorization from the Development
Officer.
5. That this approval is given only for the placement of an above-ground, dual compartment tank
consisting of 35,000 l and 15,000 l tanks and related ancillary improvements within Plan 5663
JK, Block 2. Any other improvements shall require separate applications and approvals.
6. That this use shall comply with the Alberta Building Code where applicable.
7. That this use shall comply with the Alberta Fire Code where applicable.
8. That the developer shall be responsible for obtaining all required permits (i.e. building, electrical,
plumbing, heating and ventilation) from an accredited inspection agency.
9. That the developer shall provide to the Development Officer certification from an accredited
inspection agency that the installation satisfies all applicable codes, standards and regulations.
December 14, 1999
Page 115
~~
r„~ l O.That the developer shall ensure that the development satisfies the setback requirements of the
HWY C -Highway Commercial District or Section 44 of the Land Use Bylaw whichever is
applicable to this location, which are:
Front Side Flankage Rear
*40 m 3 m *40 m 7.5 m
* Minimum yard distance from the highway right-of--way.
11.That the developer shall ensure that the property is maintained to the satisfaction of the
Development Officer.
12.That the developer shall ensure that construction materials, supplies and equipment are stored on
the property.
13.That the developer shall ensure the continuous clean-up of construction debris tracked onto the
public roadway where access is provided to the property.
14.That the developer shall ensure that no contamination of ground water or surface water occurs as
a result of this use.
I S.That the developer shall contact Alberta Infrastructure to determine if development approval is
required from this agency. The developer shall contact Mr. John Thomas, 403-381-5426, prior
to the commencement of construction to determine this agency's requirements. Where
development approval is required, the developer shall provide a copy of the approval to the
Development officer prior to the commencement of construction.
Carried.
4. Permit #2048 - Pt. NE & SE 14-20-15-W4 -Division 8
Page, Jason & Canie -Moved-In Building
Permit #2048 was discussed then, to accommodate a delegation, was moved to later in the meeting.
Eli Wurz, Mike Hofer, Mike Hofer and Jake Wurz, of the Lathom Hutterian Brethren were in
attendance to present information on Permit #2042, Permit #2043 and Permit #2044.
5. Permit #2042 - W '/~ 15-19-17-W4 -Hutterian Brethren of Lathom -Division 6
Intensive Livestock Development (400 Sows -Farrow to Finish Operation)
Moved by J. Doerksen that we approve Development Permit Application #2042 to locate a 400 sow
farrow to finish operation within the W '/z 15-19-17-W4 subject to the following conditions:
1. That this use be classified as an "Intensive Livestock Operation" being a discretionary use within
the A -Agricultural District.
2. That this use comply with all Federal, Provincial and Municipal statutes, regulations, codes and
standards.
3. That the proposed development shall be located as shown on the site plan submitted November
9, 1999. Any change to this site plan shall require written authorization from the Development
Officer.
4. That this approval shall be valid fora 400 sow farrow to finish operation to be located within the
W 'h 15-19-17-W4. Any increase over the approved total shall require a separate development
permit application and approval.
,~-
December 14, 1999
Page 116
~/~
5. That, if required, the developer shall enter into a water supply agreement with the Eastern
Irrigation District for this operation. A copy of said agreement shall be provided to the
Development Officer. The developer shall also provide a registered easement for the
conveyance of water from the District's works to the reservoir.
6. That the operator shall ensure access to 720 acres of cultivated land for manure application. If
this cannot be provided, the operator shall be responsible for obtaining written agreements from
land owners who can provide suitable land for manure application. A copy of this agreement
shall be provided to the Development Officer. Such agreements shall be subject to the Code of
Practice. The land base shall be fully utilized.
7. That manure shall be incorporated into the soil within 48 hours of application and follow the
Code of Practice unless as otherwise provided in the Code. No manure shall be applied over
frozen or snow-covered soils. Due concern and consideration should be exercised when
spreading manure on lands near neighbouring residences by maintaining an adequate separation
distance.
8. That the applicant shall provide to the Development Control Officer's satisfaction a manure
management plan which includes the following:
• Volumes of manure produced on an annual basis;
• A cropping plan with expectations of amounts of nutrients to be utilized;
• Amount of owned lands available for manure utilization;
• Number of acres required;
• Specific landowners willing to accept manure (if necessary);
• Location of owned and non-owned lands where manure spreading will occur (if
necessary);
• Commitment to follow the Code of Practice in regard to the spreading of manure
from both the applicants and additional land owners (if required).
9. That all surface water drainage be directed from the manure storage and be prevented from
contaminating surface or ground water.
10. That the developer shat( undertake testing of the soils in the area where the manure storage
structure is to be constructed. Such testing is to be conducted by a licenced agency and certified
by a professional agrologist or engineer. Written confirmation shall be provided to the County
as well as Alberta Agriculture that the soils contained within the proposed floor and sides of the
manure storage structure be of suitable material and capable of a hydraulic conductivity of less
than 1 x 10-7 cm/sec. This confirmation shall be provided prior to the commencement of
construction for the structure.
11. That the developer, if required by Alberta Environment, shall provide an engineered design for
the manure storage structure certified by a professional engineer prior to the commencement of
construction. Further, if required by Alberta Environment, that a professional engineer supervise
the construction of the manure storage structure and provide a letter of acceptance to the County
and Alberta Agriculture that the construction satisfies the design criteria. The developer shall
ensure that the floor of the manure storage structure is a minimum of three feet above any water
table. The structure shall be designed to accommodate a minimum of nine (9) months,
preferably twelve (12) months, manure storage (approximately 1.5 - 2.0 million gallons of
storage.)
December 14, 1999
Page 117
~v
.. 12. That the developer shal I provide a monitoring system comprising of two or three wells to ensure
that no contamination occurs from the manure storage structure to ground water. The developer
shall be responsible for self-monitoring the wells on an annual basis. It is suggested that apre-
startup test be undertaken to be able to compare annual results and determine any changes in
ground water quality. Any changes in ground water quality shall be reported to Alberta
Agriculture.
13. That a specific site shall be identified and maintained as an interim storage location for dead
animals. This site shall be covered and have suitable drainage material to ensure proper drainage
and be protected from predators. This location shall be located a minimum 40 m from the
centerline of the County road and a minimum of 30 m or more from any building within the W
'/z 15-19-17-W4. Dead disposal by rendering truck is highly recommended.
14. That this use shall conform to Section 49 of County ofNewell Land Use Bylaw # 1004-90 being
the A -Agricultural District.
15. That all structures and buildings shall be located a minimum of 40 m from the centerline of the
County road.
16. That the developer shall ensure that all construction materials, supplies and equipment are stored
on the property and not on the public roadway.
17. That the developer shall ensure the continuous clean-up of construction debris tracked onto the
public roadway where access is provided to the property.
18. That the developer shall ensure the property is maintained to the satisfaction of the Development
Officer.
19. That this use shall be subject to inspection by the Development Officer within one year of the
decision date to determine compliance with these conditions.
20. That the developer shall ensure that a minimum separation distance of 2,130 feet is maintained
%^ from the facility to the nearest single residence.
21. That the developer shall ensure that all concrete structures and/or piping in and out of the barn
used to collect, convey or store liquid hog manure be constructed so as to be considered manure
tight.
22. That construction of this facility be completed by December 14, 2003.
Carried.
5. Permit #2043 - W '/~ 15-19-17-W4 - Hutterian Brethren of Lathom -Division 6
Intensive Livestock Development (100 Dairv Cow Operation)
Moved by B. McKellar that we approve Development Permit Application #2043 to locate a 100
dairy cow operation within the W '/~ 15-19-17-W4 subject to the following conditions:
1. That this use be classified as an "Intensive Livestock Operation" being a discretionary use within
the A -Agricultural District.
2. That this use comply with all Federal, Provincial and Municipal statutes, regulations, codes and
standards.
3. That the proposed development shall be located as shown on the site plan submitted November
9, 1999. Any change to this site plan shall require written authorization from the Development
Officer.
4. That this approval shall be valid fora 100 dairy cow operation to be located within the W'/z 15-
19-17-W4. Any increase over the approved total shall require a separate development permit
application and approval.
r"
December 14, 1999 Page 118
~!~
5. That, if required, the developer shall enter into a water supply agreement with the Eastern
Irrigation District for this operation. A copy of said agreement shall be provided to the
Development Officer. The developer shall also provide a registered easement for the
conveyance of water form the District's works to the reservoir.
6. That the operator shall ensure access to 315 acres of cultivated (and for manure application. If
this cannot be provided, the operator shall be responsible for obtaining written agreements from
land owners who can provide suitable land for manure application. A copy of this agreement
shall be provided to the Development Officer. Such agreements shall be subject to the Code of
Practice. The land base shall be fully utilized.
7. That manure shall be incorporated into the soil within 48 hours of application and follow the
Code of Practice unless as otherwise provided in the Code. No manure shall be applied over
frozen or snow-covered soils. Due concern and consideration should be exercised when
spreading manure on lands near neighbouring residences by maintaining an adequate separation
distance.
8. That the applicant shall provide to the Development Control Officer's satisfaction a manure
management plan which includes the following:
• Volumes of manure produced on an annual basis;
• A cropping plan with expectations of amounts of nutrients to be utilized;
• Amount of owned lands available for manure utilization;
• Number of acres required;
• Specific landowners willing to accept manure (if necessary);
• Location of owned and non-owned lands where manure spreading will occur (if
necessary);
• Commitment to follow the Code of Practice in regard to the spreading of manure
from both the applicants and additional land owners (if required).
9. That all surface water drainage be directed from the manure storage and be prevented from
contaminating surface or ground water.
10. That the developer shall undertake testing of the soils in the area where the manure storage
structure is to be constructed. Such testing is to be conducted by a licenced agency and certified
by a professional agrologist or engineer. Written confirmation shall be provided to the County
as well as Alberta Agriculture that the soils contained within the proposed floor and sides of the
manure storage structure be of suitable material and capable of a hydraulic conductivity of less
than 1 x 10'7 cm/sec. This confirmation shall be provided prior to the commencement of
construction for the structure.
11. That the developer, if required by Alberta Environment, shall provide an engineered design for
the manure storage structure certified by a professional engineer prior to the commencement of
construction. Further, if required by Alberta. Environment, that a professional engineer supervise
the construction of the manure storage structure and provide a letter of acceptance to the County
and Alberta Agriculture that the construction satisfies the design criteria. The developer shall
ensure that the floor ofthe manure storage structure is a minimum ofthree feet above any water
table. The structure shall be designed to accommodate a minimum of nine (9) months,
preferably twelve (12) months, manure storage (approximately 540,000 - 750,000 gallons of
storage.)
December 14, 1999
Page 119
C~
~,,,,, 12. That the developer shall provide a monitoring system comprising of two or three wells to ensure
that no contamination occurs from the manure storage structure to ground water. The developer
shall be responsible for self-monitoring the wells on an annual basis. It is suggested that apre-
startup test be undertaken to be able to compare annual results and determine any changes in
ground water quality. Any changes in ground water quality shall be reported to Alberta
Agriculture.
13. That a specific site shall be identified and maintained as an interim storage location for dead
animals. This site shall be covered and have suitable drainage material to ensure proper drainage
and be protected from predators. This location shall be located a minimum 40 m from the
centerline of the County road and a minimum of 30 m or more from any building within the W
'/z IS-19-17-W4. Dead disposal by rendering truck is highly recommended.
14. That this use shal l conform to Section 49 of County of Newell Land Use Bylaw # 1004-90 being
the A -Agricultural District.
15. That all structures and buildings shall be located a minimum of 40 m from the centerline of the
County road.
16. That the developer shall ensure that all construction materials, supplies and equipment are stored
on the property and not on the public roadway.
17. That the developer shall ensure the continuous clean-up of construction debris tracked onto the
public roadway where access is provided to the property.
18. That the developer shall ensure the property is maintained to the satisfaction of the Development
Officer.
19. That this use shall be subject to inspection by the Development Officer within one year of the
decision date to determine compliance with these conditions.
20. That the developer shall ensure that a minimum separation distance of 2,130 feet is maintained
~" from the facility to the nearest single residence.
21. That the developer shall ensure that all concrete structures and/or piping in and out of the barn
used to collect, convey or store liquid dairy manure be constructed so as to be considered manure
tight.
22. That the developer shall ensure that all run-off from outside facilities used to accommodate dry
cows, replacement stock and calves be contained within the immediate area of the facilities.
23. That the developer shall ensure that plans for the dairy barn design and location be submitted to
and reviewed by the Dairy Production Specialist at Alberta Agriculture, Lethbridge, prior to the
commencement of construction of the facility.
24. That construction of this facility be completed by December 14, 2003.
Carried.
6. Permit #2044 - W '/z 15-19-17-W4 - Hutterian Brethren of Lathom -Division 6
Intensive Livestock Development (10,000 Laver Operation)
Moved by Councillor Stobbs that we approve Development Permit Application #2044 to locate a
10,000 layer operation within the W %z 15-19-17-W4 subject to the following conditions:
1. That this use be classified as an "Intensive Livestock Operation" being a discretionary use within
the A -Agricultural District.
2. That this use comply with all Federal, Provincial and Municipal statutes, regulations, codes and
standards.
December 14, 1999 Page 120
G~'
3. That the proposed development shall be located as shown on the site plan submitted November
9, 1999. Any change to this site plan shall require written authorization from the Development
Officer.
4. That this approval shall be valid fora 10,000 layer operation to be located within the W '/z 15-
19-17-W4. Any increase over the approved total shall require a separate development permit
application and approval.
5. That, if required, the developer shall enter into a water supply agreement with the Eastern
Irrigation District for this operation. A copy of said agreement shall be provided to the
Development Officer. The developer shall also provide a registered easement for the
conveyance of water from the District's works to the reservoir.
6. That the operator shall ensure access to 100 acres of cultivated land for manure application. If
this cannot be provided, the operator shall be responsible for obtaining written agreements from
land owners who can provide suitable land for manure application. A copy of this agreement
shall be provided to the Development Officer. Such agreements shall be subject to the Code of
Practice. The land base shall be fully utilized.
7. That manure shall be incorporated into the soil within 48 hours of application and follow the
Code of Practice unless as otherwise provided in the Code. No manure shall be applied over
frozen or snow-covered soils. Due concern and consideration should be exercised when
spreading manure on lands near neighbouring residences by maintaining an adequate separation
distance.
That the applicant shall provide to the Development Control Officer's satisfaction a manure
management plan which includes the following:
• Volumes of manure produced on an annual basis;
• A cropping plan with expectations of amounts of nutrients to be utilized;
• Amount of owned lands available for manure utilization;
• Number of acres required;
• Specific landowners willing to accept manure (if necessary);
• Location of owned and non-owned lands where manure spreading will occur (if
necessary);
• Commitment to follow the Code of Practice in regard to the spreading of manure
from both the applicants and additional land owners (if required).
9. That disposal of the birds is done by acceptable storage and burial practices or by incineration.
Any location for storage and incineration shall be located a minimum 40 m from the centerline
of the County road and a minimum of 30 m or more from any building within the W %z 15-19-
17- W4.
10. That this use shall conform to Section 49 of County ofNewell Land Use Bylaw #1004-90 being
the A -Agricultural District.
11. That all structures and buildings shall be located a minimum of 40 m from the centerline of the
County road.
12. That the developer shall ensure that all construction materials, supplies and equipment are stored
on the property and not on the public roadway.
13. That the developer shall ensure the continuous clean-up of construction debris tracked onto the
public roadway where access is provided to the property.
14. That the developer shall ensure the property is maintained to the satisfaction of the Development
Officer.
15. That this use shall be subject to inspection by the Development Officer within one year of the
decision date to determine compliance with these conditions.
December 14, 1999
Page 121
~~
1,,,,~ 16. That the developer shall ensure that a minimum separation distance of 2,130 feet is maintained
from the facility to the nearest single residence.
17. That construction of this facility be completed by December 14, 2003. Carried.
7. Permit #2046 -Plan 9310398, Block 1 -Construct Accessory Building -Division 5
Bergen, Robert -Variance to Land Use Bylaw
Bob Bergen was in attendance to present information on this application. Moved by J. Doerksen that
we: grant a variance of 1.49 m (4.88 ft) to Section 51.7(3) of Land Use Bylaw #1004-90 and allow
the accessory building to be constructed with a height of 5.49 m (18 ft) within Plan 9310398, Block
1; grant a variance of 1.22 m (4 ft) to Section 51.7(4) of Land Use Bylaw # 1004-90 and allow the
accessory building to be constructed with a wall height of 4.29 m (14 ft) within Plan 9310398, Block
1; grant a variance of 11.52 m 2 (124 ft2) to Section 51.7(5) of Land Use Bylaw # 1004-90 and allow
the accessory building to be constructed with a floor area of 111.52 m2 (1200 ft2) within Plan
9310398, Block 1; and approve Development Permit Application #2046 for the construction of an
accessory building within Plan 9310398, Block 1 subject to the following conditions:
1. That this use be classified as an "Accessory Building" being a permitted use within the CR -
Country Residential District as varied by the decision of the Municipal Planning Commission on
December 14, 1999.
2. That this use shall comply with all Federal, Provincial and Municipal statutes, regulations, codes
and standards.
3. That this use shall comply with the provisions of Section 51 of Land Use Bylaw #1004-90
pertaining to the Country Residential District.
~" 4. That the development shall be located as shown on the site plan submitted November 25, 1999.
Any changes to that plan shall require the written approval of the Development Officer.
5. That this use shall comply with the Alberta Building Code where applicable.
6. That the developer shall be responsible for obtaining all required permits (i.e. building, electrical,
plumbing, heating and ventilation) from an accredited inspection agency.
7. That the developer shall ensure that the proposed development complies with the following
minimum setback requirements:
Front Side Flankage Rear
*40.0 m 3 m *40.0 m 7.5 m
*Minimum yard distance from centerline of County road.
8. That the developer shall provide a copy of the building permit to the Development Officer prior
to the commencement of construction of the building.
9. That the proposed development shall be located at least 1.5 m from the principle building.
10. That the developer shall ensure that the property is maintained to the satisfaction of the
Development Officer.
11. That the developer shall ensure that construction materials, supplies and equipment are stored on
the property.
12. That the developer shall ensure the continuous clean-up of construction debris tracked onto the
public roadway where access is provided to the property.
13.That this development approval is given only for the construction of an accessory building as
indicated in the application submitted November 25, 1999, within Plan 9310398, Block 1. Any
other development shall require a separate application and approval.
December 14, 1999 Page 122
V
14. That the developer shall utilize the existing road approach to access the accessory building. If a
new approach is required, the developer shall enter into a road approach agreement for the
installation of an approach from the service road.
15. That the Municipal Planning Commission grant a variance of 1.49 m (4.88 ft) to Section 51.7(3)
of Land Use Bylaw # 1004-90 and allow the accessory building to be constructed with a height of
5.49 m (18 ft) within Plan 9310398, Block 1.
16. That the Municipal Planning Commission grant a variance of 1.22 m (4 ft) to Section 51.7(4) of
Land Use Bylaw # 1004-90 and allow the accessory building to be constructed with a wall height
of 4.29 m (14 ft) within Plan 9310398, Block 1.
17. That the Municipal Planning Commission grant a variance of 11.52 m 2 (124 ft2) to Section
51.7(5) of Land Use Bylaw # 1004-90 and allow the accessory building to be constructed with a
floor area of 111.52 m2 (1200 ft 2) within Plan 9310398, Block 1.
18.That the accessory building shall have the same or similar facing as the principle building.
Where a variation is required by the developer, the Development Officer shall be contacted in
writing and the siding shall be to the satisfaction of the Development Officer.
19. That, if the developer proposes to operate a home business from the accessory building, then a
home occupation permit shall be required or an amendment to the existing one required. The
existing home occupation permit #93, approved March 18, 1999, is for an office only.
20. That the developer apply for a land use change from CR -Country Residential District to CR2 -
Country Residential 2 District.
Carried.
7. Home Occupation Permits
There were no Home Occupation Permits.
8. Subdivisions
1. 99 NL 029 - C of T 952 257 616, Pt. SW 6-20-13-W4
Scheuerman, Bernard -Residential Subdivision -Division 3
Bernie Scheuerman and Bernie Blieske, Senior Planner, UMA Engineering, were in attendance to
present information on this subdivision application. The Commission agreed that they would like to
do a site visit of this property prior to making a decision.
Lunch
The Commission recessed for lunch from 12:05 p.m. to 12:30 p.m.
December 14, 1999
Page 123
~'
~ Development Permits (cont'd)
6-4. Permit #2048 - Pt. NE & SE 14-20-15-W4 -Division 8
Page, Jason & Carrie -Moved-In Building (cont'd)
Moved by Councillor Stobbs that we approve Development Permit Application #2048 to locate a
moved-in building as shown in the pictures provided with the application onto Pt. NE & SE 14-20-
15-W4 subject to the following conditions:
1. That this use be classified as a "moved-in building" being a discretionary. use within the A -
Agricultural District.
2. That this use shall comply with all Federal, Provincial and Municipal statutes, regulations,
codes and standards.
3. That this use shall comply with the provisions of Section 49 of Land Use Bytaw # 1004-90
pertaining to the A -Agricultural District.
4. That the development shall be located as shown on the site plan submitted December 8, 1999.
Any changes to that plan shall require the written approval of the Development Officer.
5. That this use shall comply with the Alberta Building Code where applicable.
6. That the developer shall obtain atl required permits from an accredited inspection agency (i.e.
building, plumbing, gas, electrical, heating and ventilation).
7. That the developer shall provide to the Development Officer a copy of a building permit
if
,
required, prior to the commencement of construction.
8. That the developer shall ensure that the property is maintained to the satisfaction of the
Development Officer.
9. That the developer shall ensure that construction materials, supplies and equipment are stored
~" on the property.
10. That the developer shall ensure the continuous clean-up of construction debris tracked onto the
public roadway where access is provided to the property.
11. That the developer shall ensure that the following minimum yard setbacks are maintained for
this development:
Front Side Flankage Rear
*40 m 3 m *40 m 3 m
*From the right-of--way of Highway #36 or 40 m from centerline of the secondary highway.
12. That the existing approach from Highway #36 shall be maintained. Should a new approach be
required, the developer shall be responsible for installing one to the satisfaction of Alberta
Infrastructure if the approach is from Highway #36 or the County of Newell if the approach is
from the secondary highway.
13. That the development approval is only for the relocation of amoved-in building as shown in the
pictures attached to, and forming a part of, the development permit application within Pt. NE
and SE 14-20-15-W4. Any other development shall require separate applications and
approvals.
14. That the developer shall obtain development approval from Alberta Infrastructure as the
development falls within that department's jurisdiction. The developer shall contact Mr. John
Thomas, Alberta Infrastructure, 403-381-5426, to obtain development permission from this
agency. A copy of their application is attached to, and forms a part of, development approval
for application #2048. Should a development permit be required from this agency, a copy of
this approval shall be provided to the Development Officer prior to commencement of
development.
,~^
December 14 , 1999 Page 124
15. That the developer shat l apply the same or similar siding to the moved-in building as shown on
the addition to the mobile home granted approval under development permit #2019. This siding
shall be installed on the moved-in building, mobile home, addition and garage prior to
September 30, 2000. If a variance is required ofthis condition, the developer shall contact the
Development Officer in writing one month prior to this date.
16. That the developer shall construct a continuous roof over the moved-in building, mobile home
and addition prior to September 30, 2000. This condition revokes condition # 17 within
development permit #2019 issued October 5, 1999, for the mobile home, addition and detached
garage. The developer shall be responsible for submitting a roof design to the Development
Officer for approval before July 1, 2000, or one month prior to the commencement of
construction if this occurs before this date. No construction of the roof shall occur prior to
design approval. If a variance is required of this condition, the developer shall contact the
Development Officer in writing one month prior to the above dates whichever is applicable.
17. That, if the moved-in building is relocated to another part of the SE 14-20-15-W4, then it shall
be faced in the same or similar siding as that which is to be installed on the mobile home,
addition and detached garage. In addition, a roof shall be installed on the moved-in building
prior to September 30, 2000, to the satisfaction of the Development Officer. If the moved-in
building is relocated to another part of NE & SE 14-20-IS-W4, then Condition #17 within
development penmit #2019 issued October 5, 1999 continues to be valid. The developer shall
be responsible for submitting a roof design to the Development Officer for approval one month
prior to the commencement of construction. No construction of the roof shall occur prior to the
design approval by the municipality. If a variance is required ofthis condition, the developer
shall contact the Development Officer in writing one month prior to the above date.
18. That the developer shall be responsible for providing an irrevocable letter of credit, or other
satisfactory form of security, in the amount of $5,000.00 (five thousand dollars and no cents)
prior to March 1, 2000, to the Development Officer to be retained by the municipality and
returned pending satisfactory completion of these conditions. If this is not provided by this
date, the developer shall remove the building from the property. In the event that the developer
does not comply with this condition, the municipality may remove the building. All costs for
doing so shall be charged to the title holder and at no cost to the municipality.
19. That the developer shall ensure that the moved-in building, mobile home and addition are
skirted to the satisfaction of the Development Officer.
20. That, if the title to the NE & SE 14-20-15-W4 is not in the name of the applicant, then the
owner shall provide a written letter of authorization to the Development Officer advising that
the applicant is authorized to undertake this development. This letter of authorization shall be
provided to the Development Officer prior to January 1, 2000. If title transfer has occurred,
then a copy of the transfer or new title shall be provided prior to January 1, 2000.
Carried.
December 14, 1999
Page 125
C~
~ Subdivisions (cont'd)
2. 99 NL 030 -Plan 9913249, Block 10, Lot 1 -Division 10
Shell-Ryn Enterprises Ltd. -Industrial Subdivision
Moved by Councillor Steinbach that we recommend to Council approval of this subdivision subject
to the applicant registering ajoint-access agreement on the individual titles when the plan of
subdivision is registered at Land Titles Office; subject to the applicant providing easements to
franchise utilities for providing services to the proposed and remnant parcels; and subject to the
applicant being responsible for the cost associated with the modification, relocation or installation of
franchise utilities to service the proposed parcel. Carried.
9. Development Report
The Development Report for October 21, 1999 to December 7, 1999 was presented to the
Commission. Moved by B. McKellar that we approve this report. Carried.
0. Correspondence
1. Response to Town of Brooks -Subdivision Application 99 SUB 04 - SW 3-19-14-W4
A letter to the Town of Brooks from our Planner, in response to subdivision application 99 SUB 04,
i"' was presented to the Commission for information.
11. Other Business
1. 99 NL 062 -Compliance Request -Plan 8110850, Lot 1
Onda, George -Variance to Land Use Bylaw -Division 2
Moved by J. Doerksen that we grant a variance of 17.29 m (56.71 ft), 18.19 m (59.66 ft) and 18.16 m
(59.56 ft) to the minimum front yard setback requirement to allow the residence to remain as
constructed within Plan 8110850, Lot I; that we grant a variance of 17.97 m (58.94 ft) and 18.08 m
(59.30 ft) to the minimum front yard setback requirement to allow the shop building to remain as
constructed within Plan 81 l 0850, Lot 1; that we grant a variance of .99 m (3.247 ft) to the minimum
side yard setback requirement to allow the residence to remain as constructed within Plan 8110850,
Lot 1; that we grant a variance of .11 m (0.361 ft) to the minimum side yard setback requirement to
allow the shop building to remain as constructed within Plan 8110850, Lot l; and that we direct
Administration to grant a compliance letter to Plan 8110850, Lot 1 subject to no appeals being filed
against this decision. Carried.
12. Land Use Changes
There were no Land Use Changes.
December 14, 1999 Page 126
13. Post Agenda
1. 99 NL 079 -Plan 9411176, Unit #66, Lake Newell Resort
Clenchy, Doris -Compliance Letter -Division 5
Moved by B. McKellar that we grant approval for a variance of .02 m (.066 ft) to Section 62.4 of
Land Use Bylaw # 1004-90 and allow the residence to remain as constructed within Plan 9411176,
Unit #66 and that we grant approval for a variance of .10 m (.32 ft) to Section 39(2)(b) of Land Use
Bylaw # 1004-90 and allow the deck to remain as constructed within Plan 9411176, Unit #66.
Carried.
2. Town of Brooks -Amendment to Land Use Bylaw
A letter from the Town of Brooks, requesting comments on amendments to their land use bylaw,
was presented to the Commission. Administration was directed to respond that we would like to see
an area adjacent to the TransCanada Highway zoned as Highway Commercial to make zoning on
both sides of the TransCanada Highway consistent.
3. Farmstead Separation
A discussion was held on the practice of automatically approving farmstead separation applications.
Administration was instructed to get more information on this item.
Other Business (cont'd)
2. Permit # 1968 -Plan 8201258, Block 1, Lots 6 & 7
Demers, Paul & Marie -Division 1
Moved by Councillor Stobbs that this item be referred to the next meeting. Carried.
Recess
The Commission recessed from 1:50 p.m. to 2:40 p.m. to view the property located in Pt. SW 6-20-
13-W4.
Subdivisions (cont'd)
1. 99 NL 029 - C of T 951 257 616, Pt. SW 6-20-13-W4
Scheuerman, Bernard -Residential Subdivision -Division 3 (cont'd)
Moved by B. McKellar that we recommend to Council that they deny Subdivision Application 99
NL 029. Carried.
December 14, 1999 Page 127
Post Agenda Items (cont'd)
i"^
4. Town of Bassano -Subdivision Application
A letter from the Town of Bassano, requesting our input on a subdivision application, was presented
to the Commission for information.
Meeting Date
Moved by Councillor Steinbach that the January 2000 meeting date be changed to January 18, 2000.
Carried.
14. Question Period/Notice of Motion
A question period was held.
15. Adjourn
Moved by Councillor Stobbs that the meeting adjourn at 2:55 p.m. Carried.
~"
~~'~a.~.~c3/
CHAIRM~A~N
. %/
SE Rl?~I'ARY
December 14, 1999 Page 128