HomeMy WebLinkAbout2000-03-31 Municipal Planning Commission (Regular) MinutesC ~'
County of Newell No. 4
~` Minutes of Municipal Planning Commission Meeting
March 31, 2000
The regular Municipal Planning Commission Meeting ofthe County ofNewell No.4 was held
in the County Office at Brooks, AB on Friday, March 31, 2000 commencing at 10:00 a.m.
Members Present Chairman C. Baksa
Councillor R. Steinbach
Representatives J. Doerksen
B. M°Kellar
Planner G. Shaw
Recording Secretary P. Hoffman
1. Excused from Meeting
Moved by Councillor Steinbach that Councillor Stobbs be excused from this meeting.
Carried.
2. Minutes
,- Minutes of the February 29, 2000 meeting were presented to the Commission. Moved by J.
Doerksen that we adopt these minutes as presented. Carried.
3. Call for Post Agenda Items
The Chairman called for post agenda items.
4. Adoption of Aged
Moved by Councillor Steinbach that the agenda be adopted as amended. Carried.
5. Business from Minutes
1 1-2 Permit #1968 -Plan 8210258, Block 1, Lots 6 & 7
Demers, Paul & Marie -Division 1
The Planner was directed to respond to a letter from adjacent property owners with regard to
this development permit.
March 31, 2000 Page l8
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6-3 Permit #2061 -Plan 8310003, Block 8, Lot 3 -Division 10
Brooks Asphalt & Agg_re atg a -Operation of Portable Asphalt Plant
Elwood Smith, Brooks Asphalt & Aggregate; Wayne Finnerty, Smithgroup Holdings Ltd.;
and Sam Balaneski, adjacent landowner, were in attendance to present information on this
application.
1 1-2 Cassils Road Area Structure Plan Amendments -Division 10
Blieske, Bernie (owner - C. Blair) Pt. SE 6-19-14-W4
Ron Henschel and Dawn Bambrick of UMA Engineering, were in attendance to present
information on this application. Moved by J. Doerksen we recommend to Council that Bylaw
#1036-91, Cassils Road Area Structure Plan, be amended as presented. Carried.
12-2 Blieske, Bernie - Pt. SE 6-19-14-W4 & Plan 7811334, Block C -Division ]0
(Owner - C. Blair) OF -Urban Fringe District to CR -Country Residential District
Ron Henschel and Dawn Bambrick of UMA Engineering, were in attendance to present
information on this application. Moved by Councillor Steinbach we recommend to Council
that consideration be given to amending the land use designation for a Pt. of SE 6-19-14-W4
from OF -Urban Fringe District to CR -Country Residential District and that this amendment
not take effect until a subdivision plan is registered at Land Titles Office. Carried.
Development Permits
1. Permit #2066 - Pt. SE 29-17-13-W4 -Division 2
Will, D & K -Second Dwelling on Parcel
Dennis Will was in attendance to present information on this application. Moved by J.
Doerksen that we approve Development Application #2066 to allow a mobile home to be
relocated on Pt. SE 29-17-13-W4 as a second dwelling subject to the following conditions:
1. That this use be classified as a "Mobile Home" being a permitted use within the A -
Agricultural District. This use is permitted under Section 31(2) of Land Use Bylaw
#1004-90 in which the Municipal Planning Commission may waive requirements
stipulating only one dwelling per parcel. The Municipal Planning Commission grants
approval for a temporary permit for a period of five years from the decision date.
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 Bylaw # 1004-
90 pertaining to the A -Agricultural District.
4. That this development permit is issued as per Section 31(2) of Land Use Bylaw # 1004-
90.
~. That the development shall be located as shown on the site plan submitted March 6,
2000. Any changes to that plan shall require the written approval of the Development
Officer.
March 31, 2000 Page 19
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6. That this use shall comply with the Alberta Building Code.
7. That the developer shall obtain all required permits (i.e. building, electrical, plumbing
heating and ventilation) from an accredited inspection agency.
8. That the developer shall provide to the Development Officer a copy of the building
permit prior to the commencement of construction.
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.
1 1. 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 shat l 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 the following minimum yard setbacks are
maintained for this development:
Front Side Flankage Rear
*40 m 3 m *40 m 3 m
*from centre line of any public roadway or secondary highway
l5. That the developer shall ensure the mobile home is skirted to the satisfaction of the
Development Officer.
16. That this development approval is granted only for the relocation of a mobile home onto
Pt. SE 29-17-13-W4 as provided under Section 3 I (2) of Land Use Bylaw # 1004-90.
Any other development will require separate application and approval. This permit
shal I be granted only for a five (5) year time period from the decision date. No transfer
of this permit to other persons shall be granted. Renewal of this permit shall be at the
discretion of the municipality. The developer shall be responsible for applying one
month before the expiration of the time period.
17. That the developer shall enter into a development agreement with the municipality as
a condition of approval.
18. That the developer shall be responsible for all cost associated with the removal of the
mobile home from Pt. SE 29-17-13-W4.
Carried.
2. Permit #2070 -Plan 8012096, Block A - Pt. NW 20-15-13-W4 -Div. 1
Daniels, Terry & Marjorie -Relocate Residence & Construct Addition
Terry Daniels was in attendance to present information on this application. Moved by B.
M`Kel larthat we approve Development Application #2070 tolocate amoved-in residence and
construct an addition on to NW 20-15-13-W4 subject to the following conditions:
1. That this use be classified as a "Moved-in Building" to be used as a residence, in
conjunction with an addition, 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 Bylaw # 1004-
90 pertaining to the A -Agricultural District.
March 31, ?000 Page 20
March 3l, 2000
4. That the development shall be located as shown on the site plan submitted March 16,
2000. 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 all required permits (i.e. electrical, building, heating,
ventilation, gas and plumbing) from an accredited inspection agency.
7. That the developer shall provide to the Development Officer a copy of the building
permit prior to commencement of construction.
8. That the developer shall ensure an adequate supply of water is provided for this use.
9. That the developer shall ensure the proper disposal of sewage and waste from this use.
10. That the developer shall ensure that the property is maintained to the satisfaction of the
Development Officer.
1 l . That the developer shall ensure that construction, materials, supplies and equipment are
stored on the property and not on the public roadway.
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 the developer shall ensure that the following minimum yard set-backs are
maintained for this development:
Front Side Rear Flankage
*40m 3m *40m 3m
* from centre line of any public roadway or secondary highway
14. That, should the developer select another location for a road approach, a Road Approach
Agreement shall be entered into with the Municipality.
15. That this approval is granted only for the development of the single family residence
within Plan 8011296, Block A (pt. NW 20-15-13-W4). All other development shall
require separate applications and approvals.
16. That the developer shall ensure the moved-in building and the addition are sided in the
same or similar material.
17. That the developer shall ensure that the development is located at least 40 m from the
centre of the Government road allowance which occurs along the northern boundary of
the subject parcel.
18. That the developer shall contact the Public Works Department to determine the
appropriateness of the existing roadway.
Carried.
Business From Minutes (cont'd)
8-2 00 NL 006 - Pt. NW 4-20-14-W4 & Plan 8011572, Block 1 -Division 8
Paddock Wavne & Reita (owners -Paddock & Bari) Residential Subdivision
The Planner informed the Committee that Council approved this subdivision application.
12-3 Abandoned Rail Right-of-Ways -Storage of Railway Eauipment
The Planner gave an update on this item. This item will be brought back to the next meeting.
Page 21
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14 Business Licences and Permitting
A discussion took place with regard to the possibility of issuing business licences within the
County. This item will be brought back to the next meeting.
Development Permits (cont'd)
3. Permit #2067 -Plan 152 FK, Block 5, Lot C -Hamlet of Rolling Hills -Division 1
Rolling Hills Community Hall -Addition to Community Hall
Moved by J. Doerksen that we approve Development Application #2067 to construct an
addition to the building within Plan 152 FK, Block 5, Lot C subject to the following
conditions:
I . That this use be classified as an "Addition" being a discretionary use within the PS -
Public/Semi Public Open Space District.
2. That this use comply with all Federal, Provincial and Municipal statutes, regulations,
codes and standards.
3. That this use be located as shown on the site plan submitted March 9, 2000. Any
changes to this plan shall require the written approval of the Development Officer.
4. That this use comply with Section 65 of the County ofNewell Land Use Bylaw #1004-
90 being the PS -Public/Semi Public Open Space District.
5. That this use comply with the Alberta Building Code where applicable.
6. That the developer obtain all required permits (i.e. building, plumbing, electrical,
'° heating, ventilation and gas) from an accredited inspection agency.
7. That the developer shall provide to the Development Officer a copy of the building
permit prior to commencement of construction.
8. That the developer shall finish the addition in the same or similar material as the present
on the existing building.
9. That the developer shall ensure that the property is maintained to the satisfaction of the
Development Officer.
10. That the developer shall ensure that construction materials, supplies and equipment are
stored on the property.
1 1. That the developer shall ensure the continuous clean up of construction debris tracked
onto the public roadway where access is provided to the property.
12. That this development approval is granted only for the construction of an addition on
the building within Plan 152 FK, Block 5, Lot C. Any other development shall require
separate applications and approvals.
13. That the developer shall ensure drainage is contained within Plan 152 FK, Block 5, Lot
C and no drainage from the subject property drains onto adjacent lots.
14. That the developer shall ensure that the building is accessible from three sides for
emergency vehicle access.
15. That the developer shall provide to the Development Officer a diagram showing the
final location of the proposed addition prior to commencement of construction if the
location is different from that shown under Development Application #2067.
Carried.
March 31, 2000 Page 22
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4. Permit #2071 -Plan 5663 JK, Block 2 -Division 4
Hockstra, Inge (owner - Oschner Holding) Second Dwelling on Parcel
Moved by B. M`Kellar that we approve Development Application #2071 to locate a mobile
home onto 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
HWYC -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 HWYC -Highway Commercial District.
4. That the proposed development shall be located as shown on the site plan submitted
March 20, 2000. Any change to this plan shall require the written authorization from
the Development Officer.
5. That this approval is given only for the relocation of a mobile home as shown in the
pictures provided with Development Application #2071 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 the developer shall be responsible for obtaining all required permits (i.e. building,
electrical, plumbing, heating and ventilation) from an accredited inspection agency.
8. That the developer shall provide to the Development Officer certification from an
accredited inspection agencythatthe installation satisfiesall applicable codes, standards
and regulations.
9. That the developer shall ensure that the development satisfies the setback requirements
of the HWYC -Highway Commercial District or as varied by the Municipal Planning
Commission at its March 31, 2000, meeting, which are:
Front Side Flankage Rear
*7.Sm 3m 7.Sm 3.OSm
* minimum yard distance from the property line
0. That the developer shall ensure that the property is maintained to the satisfaction of the
Development Officer.
1 1. 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 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.
14. That this approval is granted under Section 31(2) of the land use bylaw whereby a
second residence is permitted on Plan 5663 JK, Block 2. This approval is granted by
the Municipal Planning Commission at its March 31, 2000 meeting.
March 31, 2000 Page 23
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I5. That this approval is granted for a five (5) year time period from the date of the
decision. The developer shall be responsible for applying for a renewal of the permit
one month prior to its expiration. The developer shall be responsible for all costs
associated with the removal of the mobile home from Plan 5663 JK, Block 2.
16. That the developer shall ensure that the mobile home and additions are sided in the
same or similar material to the satisfaction of the Development Officer within one year
from the decision date.
17. That the developer shall enter into a development agreement with the municipality and
the agreement shall be caveated on title.
18. That the Municipal Planning Commission grant a variance of4.57 m (15 ft) to Section
53.4 of Land Use Bylaw #1004-90 to allow the mobile home to be situated within the
rear yard setback requirement. This approval is granted under Section 9(4) of Land Use
Bylaw # 1004-90.
19. That the manufactured home meet or exceed the CSA 2240 standard.
Carried.
5. Permit #2072 -Plan 821 1670, Block 1, Lot 17 -Hamlet of Rolling Hills -Division 1
Baer, Joseph -Construction of Commercial Building & Demolition of Existing Building
Moved by Counci l for Steinbach that we approve Development Application #2072 to construct
a building within Plan 8211670, Block 1, Lot 17 for the purpose of operating a repair shop
subject to the following conditions:
1. That this use be classified as a "Repair Shop Building" being a discretionary use within
l the HC -Hamlet Commercial 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 59 of Land Use Bylaw # 1004-
90 pertaining to the HC -Hamlet Commercial District.
4. That the development shall be as shown on the site plan submitted March 20, 2000.
Any changes to that plan shal I require the written approval of the Development Officer.
5. That this use shall comply with the Alberta Building Code.
6. That the developer shall obtain all required permits (i.e. building, electrical, plumbing,
heating and ventilation) from an accredited inspection agency.
7. That the developer shall provide to the Development Officer a copy of the building
permit prior to May 1, 2000.
8. That the developer shall ensure that an adequate supply of water is provided for this use
if plumbing is installed in the future.
9. That the developer shall ensure there is proper disposal of sewage and waste from this
use if plumbing is installed in the future.
10. That the developer shall ensure that construction materials, supplies and equipment are
stored on the property.
l 1. That the developer shall ensure the continuous clean up of construction debris tracked
onto the public roadway where access is provided to the property.
March 31, 2000 Page 24
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12. That the developer shall ensure that the following minimum yard setbacks are
maintained for this development:
Front Side Flankage Rear
3m *0 3m 6m
*one side yard shall be extended to 4.5 m where no lane exists
13. That the developer shall ensure that the parking area is surfaced in suitable material and
shall provide three (3) parking stalls for the repair shop building.
14. That the developer shall ensure the building is sided in material satisfactory to the
Development Officer.
15. That the developer shall ensure the operation of the repair shop does not result in
nuisance odours, noise, dust or debris from the subject property which may affect
adjacent properties.
16. That the developer shall provide to the Development Officer, prior to April 19, 2000,
a letter from the property owner stating that the applicant may apply for the
development of a repair shop on Plan 821 1670, Block 1, Lot 17.
Carried.
6. Permit #2073 -Plan 8410810, Block 1, Lot 10 -Bow City -Division 4
Swennen, Mike (owner - Britton, J & N) Construct Detached Garage and Deck
Variance to Land Use Bylaw
Moved by Councillor Steinbach that we grant approval to Development Application #2073
to construct a detached garage within the front yard of Plan 8410810, Block 1, Lot 10 and that
a variance be granted to Section 56.6(1) of the land use bylaw to permit the building to be
constructed as shown in the development application; that we grant a 34 mz (366 ft'-) variance
to Section 56.6(5) of Land Use Bylaw # 1004-90 to allow a detached garage to be built with
an area of 100 m- (1080 ftz) within Plan 8410810, Block I, Lot 10; that we approve the
construction of a deck to be constructed as shown on the diagram attached to, and forming
a part of, Development Application #2073; and subject to the following conditions:
1. That this use be classified as an "Accessory Building" being a permitted use within the
HSF -Hamlet Single Family Residential District. The Municipal Planning Commission
grants approval by its decision of March 31, 2000, to permit the detached garage to be
located within the front yard of the property legally described as Lot 10, Block 1, Plan
8410810. A variance is granted by the Municipal Planning Commission under Section
9(4) of Section 56.6(1) of the land use bylaw to permit the building to be constructed
within the front yard.
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 56 of Land Use Bylaw # 1004-
90 pertaining to the HSF -Hamlet Single Family Residential District.
4. That the development shall be sited on Lot 3, Block 2, Plan 8410810 so that the
following setbacks are maintained to the property lines as follows as varied by the
Municipal Planning Commission at it March 31, 2000 meeting:
Front Side Flankage Rear
*7.Sm 1.5m *3m 3m
*minimum yard distance from subdivision streets or service roads
March 3l, 2000 Page 25
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5. That this use shall comply with the Alberta Building Code where applicable.
6. That the developer shall obtain all required permits (i.e. building, electrical, plumbing,
heating, ventilation and gas) from an accredited inspection agency.
7. That the developer shall provide to the Development Officer a copy of the building
permit prior to 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.
1 1. That the developer shall ensure there is a minimum of 1.5 m separation between the
detached garage and the existing residence.
12. That this development permit is issued only for the construction of a detached garage
and deck within Lot 10, Block 1, Plan 8410810. All other development shall require
a separate development permit application and approval.
13. That a variance of 34 mz (366 ftz) is granted for the total floor area of the detached
garage to permit a floor area of 100 mz (1080 ftz) for the detached garage to be
constructed at Lot l0, Block 1, Plan 8410810. This variance is granted to Section
56.6(5) by the Municipal Planning Commission at its March 31, 2000 meeting.
14. That the detached garage shall be sided to the satisfaction of the Development Officer.
This siding shall be compatible with other buildings in the vicinity as well as consistent
with the residential use of this property.
Carried.
Home Occupation Permits
Home Occupation Permit #104 - Pt. SE 36-18-16-W4 -Division 5
Stromsmoe, Janet -Reflexology & Therapeutic/Relaxational Massage Business
Moved by B. M`Kellar that we approve home occupation application #104 to operate a
reflexology and therapeutic/relaxational massage business for Pt. SE 36-18-16-W4 subject
to the following conditions:
1. That this use is classified as a "Home Occupation" being a discretionary use within the
A -Agricultural District.
2. That this use shall comply with al( Federal, Provincial and Municipal statutes,
regulations, codes and standards.
3. That this use shall not affect the residential or agricultural use of the property or
adjacent properties and area.
4. That the total number of off-site employees, not including the occupants of the
residence, involved with the said occupation shall not exceed two.
5. That there shall be no outside storage of goods or materials, except as noted in these
conditions.
6. That there shall be no noise, vibration, smoke, dust or odours created from this home
occupation which may affect adjacent land owners or development.
March 3 I , 2000 Page 26
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7. That this home occupation permit shall be valid for a time period until March 31, 2002.
Renewal of this permit shall be subject to the applicants' performance during that time
period. The applicant shall be responsible for re-applying one month before the expiry
period.
8. That this home occupation permit is granted for a reflexology and therapeutic/
relaxational massage business to be operated by the applicant at Pt. SE 36-18-16-W4.
Any other type of home occupation shall require a separate application and approval.
Carried.
Lunch
The Committee recessed for lunch from 12:00 noon until 12:35 p.m.
Business from Minutes (cont'd)
6-3 Permit #2061 -Plan 8310003, Block 8, Lot 3 -Division 10
Brooks Asphalt & Aggregate -Operation of Portable Asphalt Plant (cont'd)
Moved by J. Doerksen that we approve Development Application #2061 to locate a portable
asphalt plant within Plan 8310003, Block 8, Lot 3 subject to the following conditions:
1. That this use be classified as an "Asphalt Plant" being a discretionary use within the I -
Industrial District. Approval for Development Application #2061 is granted until
November 5, 2000. After this date, the Municipal Planning Commission shall review
the operations of the portable asphalt plant over the summer of 2000. The Municipal
Planning Commission may renew DevelopmentApplication#2061 to operateaportable
asphalt plant within Plan 8310003, Block 8, Lot 3 subject to this review.
2. That this use shall comply with all Federal, Provincial and Municipal statutes,
regulations, codes and standards.
3. That the proposed development shall be located on Lot 3, Block 8, Plan 8310003, any
permanent changes to this location shall require approval from the municipality.
4. That the proposed development shall comply with Section 54, I -Industrial District, of
the County of Newell Land Use Bylaw # 1004-90.
5. That the developer shall ensure that the development maintains the following setbacks:
Front Side Flankage Rear
7.Sm* 3m 7.Sm* 3m
* from property line
6. That this use shall comply with the Alberta Building Code where applicable.
7. That the developer shall comply with Alberta Environment's approval granted under
approval No. 10364-01-00 as well as the Code of Practice for Asphalt Paving Plants,
in particular:
^ Being equipped with pollution control technology that meets the requirement of
the Code;
^ Ensuring that pollution control technology and operating practices meet the
following environmental requirements:
March 31, 2000 Page 27
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r a. Opacity from all air emission sources at the asphalt paving plant shall not
exceed 40 percent, average over a period of 6 consecutive minutes.
b. Concentration of particulates in each effluent stream from the asphalt
paving plant's dryer stack to the ambient air shall not exceed 0.20 grams
per kilogram of effluent.
c. Emissions from the asphalt paving plant shall not cause an offensive odour.
d. Fugitive dust emissions from the asphalt paving plant shall not cause an
adverse effect.
8. That the developer shall be responsible for obtaining a development permit from
Alberta Infrastructure as this development is located closer than 300 m to the
TransCanada Highway. A copy of this development permit shall be provided to the
Development Officerpriortocommencingoperations. ThedevelopershallcontactMr.
John Thomas, Alberta Infrastructure, Lethbridge, 403-381-5166 to obtain a
development application and approval.
9. That the developer shall ensure that access can be provided for Emergency Services
vehicles to service the development in the event o f a fire.
10. That the developer shall ensure that the site is graded so that storm water does not drain
into any drainage ditches in proximity to Plan 8310003, Block 8, Lot 3.
1 1. That the developer shall ensure that noise dampening measures are in place prior to the
commencement of operations of the portable asphalt plant within Plan 8310003, Block
8, Lot 3. Such measures may include best practicable technology available or berming
or a combination of the two to reduce the noise level from this development. The
developer shall advise the Development Officer in regard to these noise dampening
measures by way of a written report prior to November 5, 2000.
-' 12. That the developer shall ensure that this development shall not cause undue nuisance
odours, smoke, dust or noise which may affect adjacent residential properties. The
developer shall ensure that operations are conducted properly when prevailing winds
are from the northwest and have the potential to transport nuisance odours, smoke or
dust to adjacent residential properties. The developer shall ensure that a proper dust
control program is implemented prior to commencement of operations. This program
shall be continued through the summer months to the satisfaction of the County of
Newell.
13. That the developer shall ensure the property is maintained to the satisfaction of the
Development Officer.
14. That the developer shall ensure that all derelict vehicles, parts or equipment is removed
from that subject property prior to May 1, 2000.
Carried.
Other Business
1. Subdivision Inquiry - Pt. NE 33-19-14-W4 -Division 8
Lauber, S & R (owners - Moeller, K & Jl
Shyla Lauber, Jolene Moeller and Karl Moeller were in attendance to present information on
this inquiry.
March 31, 2000 Page 28
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2. Subdivision Inquiry- Plan 9412377, Block 1 & Pt. NE 29-19-14-W4
M`Crady. Janet (owner - Armstrong~[rene) -Division 10
Janet M`Crady was in attendance to present information on this inquiry.
3. Development Inquiry -Plan Cassils 8709 CH -Division 5
Bell Barbara &Mossa, Jesus -Proposed Development of Machine Shog
Barbara Bell and Jesus Mossa were in attendance to present information on this application.
4. Development Inquiry -Plan 8910606, Block 1 -Division 10
Marcy, Norris (owner -Marcy, L) Proposed Development of Accessory
Buildin fg or Operation of a Commercial Business
Norris and Sue Marcy were in attendance to present information on this inquiry.
5. Subdivision Inquiry -Plan 7410915, Block 1 -Division 5
Wigem~ky -Proposed Subdivision of 3 Lot Country Residential District
Becky Wigemyr was in attendance to present information on this inquiry.
9. Subdivisions
I. 00 NL 008 -Various Locations -Division 3, 6, 7 & 8
County of Newell -Subdivision of CPR Right-of--Way
Moved by Councillor Steinbach that we recommend to Council approval of Subdivision
Application 00 NL 008 subject to the following conditions:
I . The individual portions being consolidated with the adjacent lands, where possible, by
instrument.
2. The applicant meeting all requirements of the Eastern Irrigation District with respect
to the conveyance of water as well as easements.
3. All oil and gas company leases, rights-of--way, Board Orders, etc. being carried forward,
as required, when the subdivision mylar is registered at Land Titles Office.
Carried.
It was felt that the subdivision fees should be recorded so that these costs can be passed onto
the purchasers.
March 31, 2000
Page 29
,,,, 2. 00 NL 009 - Pt. NW 29-17-16-W4 -Division 4
Ketchmark, G. Louis -Institutional Subdivision -Cemetery
This subdivision was referred to the next meeting.
3. 00 NL O10 - Pt. SE 27-20-15-W4 -Division 8
Freundl, Gerry -Farmstead Separation
Moved by B. McKel lar that we recommend to Counci I that they deny Subdivision Application
00 NL O10 as it would adversely affect the agricultural viability of the parcel. Carried.
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4. 00 NL Ol 1 -Plan 9057 FF, Block A & PtNW '/z 14-1-6=~-1•-W4 -Division 7
Christianson, Cam (owner Janzen, M & Lindved-Jensen, S) Boundary Adjustment
Moved by Councillor Steinbach that we recommend to Council approval of Subdivision
Application 00 NL 01 1 granting a variance to Section 49.5 of Land Use Bylaw # 1004-90 to
allow a parcel of 10.11 acres rather than 10 acres as required under this section for farmsteads
and subject to the following conditions:
1. The applicant entering into an agreement with the County of Newell for the installation
of any required accesses int the NW 14-21-16-W4.
2. The consolidation of the area within the NW 14-21-16-W4 being consolidated by plan
with Plan 9057 FF, Parcel A.
3. The applicant meeting all requirements of the Eastern Irrigation District with respect
to the conveyance of water as well as easements.
4. The applicant providing easements to franchise utilities for providing services to the
proposed parcel.
5. All of 1 and gas company leases, rights-of--way, Board Orders, etc. being carried forward,
as required, when the subdivision mylar is registered at Land Titles Office.
Carried.
10. Development Report
The Development Report for February 24, 2000 to March 24, 2000 was presented to the
Commission. Moved by J. Doerksen that we approve this report. Carried.
ll. Correspondence
1. Town of Brooks -Land Use Amendment
A letter from the Town of Brooks, with regard an amendment to their Land Use Bylaw for
a Pt. of NE '/4 5-9-14-W4, was presented to the Committee. The Planner was directed to
respond to this letter with our concerns.
March 31, 2000 Page 30
Other Business (cont'd)
6. Variance to Land Use Bylaw -Plan 81 10015, Block D, Lot 4 -Division 10
Westland Acres -Variance to Side Yard & Rear Yard Setback Requirements
Moved by Councillor Steinbach that we approve a variances of 1.67 m, 1.72 m, 2.85 m and
2.78 m to Section 51.5 of Land Use Bylaw # 1004-90 to allow the existing accessory buildings
to remain 5.83 m, 5.78 m, 4.65 m and 4.72 m from the rear property line within Plan 8110015,
Block D, Lot 4 and grant a variance of .Ol m to the Cassils Road Are Structure Plan to allow
the residence to remain 1.49 m and 1.54 m from the side property line within Plan 8110015,
Block D, Lot 4. Carried.
Variance to Land Use Bylaw -Plan 9711628, Block 5, Lot 16 -Division 10
Johnson Farms -Variance to Side Yard Requirements
Moved by B. M`Kellar that we approve a variance of .04 m and .OS m to Section 51.5 of Land
Use Bylaw # 1004-90 being the CR -Country Residential District to allow a modular home
to be located 2.96 m and 2.95 m from the side property line within Plan 9711628, Block 5,
Lot 16. Carried.
12. Land Use Changes
There were no Land Use Change applications.
13. Post Agenda Items
1. Permit #2076 -Plan 8610237, E''/2 Lot 1, Pt. SE 6-19-14-W4 -Division 10
Donald Rod -Oversized Accessory Buildingfor Storage of Recreation Vehicle
Moved by J. Doerksen that we grant approval to Development Application #2076 to construct
an oversized accessory building within Plan 8610237,E % Lot 1 granting the following
variances to Land Use Bylaw #1004-90:1.39 m (4.56 ft) to Section 51.7(3) to allow the
accessory building to be constructed to a height of 5.39 m (17.67 ft); 1.90 m (6.23 ft) to
Section 51.7(4) to allow the accessory building to have a wall height constructed to 4.90 m
(15.92 ft); and 49 mZ (527.23 ft2) to Section 51.7(5) to allow the accessory building to have
a floor area of 149 m2 (1600 ft') and 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 March 31, 2000.
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.
March 3 ], 2000
Page 31
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4. That the development shall be located as shown on the site plan submitted March 27,
~' 2000. 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
*7.5m **3m *7.5m 7.5m
*Minimum yard distance from property line.
**The minimum side yard on the west side of the property shall be 15.24 m (50 ft).
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 principal
building.
10. That the developer shall ensure that the property is maintained to the satisfaction of the
Development Officer.
1 1. That the developer shall ensure that construction materials, supplies, 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 March 27, 2000, within Plan 8610237,
-- E'/2 Lot 1. Any other development shall require a separate application and approval.
14. That the developer shalt 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 grants a variance of 1.39 m (4.56 ft) to
Section 51.7(3) of Land Use By-law #1004-90 and allow the accessory building to be
constructed with a height of 5.39 m (17.67 ft) within Plan 8610237,E % Lot 1.
16. That the Municipal Planning Commission grant a variance of 1.90 m (6.23) to Section
51.7(4) of Land Use By-law #1004-90 and allow the accessory building to be
constructed with a wall height of 4.90 m (15.92 ft) within Plan 8610237,E % Lot 1.
17. That the Municipal Planning Commission grant a variance of 49 m-' (527.24 ftz) to
Section 51.7(5) of Land Use By-law #1004-90 and allow the accessory building to be
constructed with a floor area of 149 m2 (1600 ft'-) within Plan 8610237, E'/z Lot 1.
18. That the accessory building shall be of new construction and sided with new material.
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 this building shall only be for the use of the property owner as a cold storage
building for a recreational vehicle. If the developer proposes to operate a home
business from the accessory building, then a home occupation permit shall be required.
March 31, 2000 Page 32
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20. That the developer shall prepare a landscape plan for the western side of the building
to the satisfaction of the Development Officer prior to August 15, 2000. Installation of
plant material shall be completed prior to September 30, 2000 to the satisfaction of the
Development Officer.
Carried.
2. Home Occupation Permit # 105, Plan 8910353, Block 3, Lot 3 -Division 10
Pt SW 2-19-14-W4 -Hair & Cosmetology Salon, Mobile Hairstyling and
Rental Service Sale of Vitamins, Plants and Garden Accessories
Chairman Baksa declared a possible conflict and left the Council Chambers. Vice-Chairman
J. Doerksen assumed the chair.
Moved by B. M`Kellar that we deny the request for a refund of the surcharge to the
application fee for application # 105 as the applicant was warned of the violation previously
and did not respond until March 27, 2000 even though the business was in operation for
several months prior to this date and that we approve Home Occupation Application # 105 to
operate a hair and cosmetology salon, mobile hairstyling and rental service, vitamin sales and
sale of plants and garden accessories within Plan 8910353, Block 3, Lot3 subject to the
following conditions:
1. That this use is classified as a home occupation 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 not affect the residential use of the property or adjacent properties
and area.
4. Thatthetotal numberofoff--site employees, not includingthe occupants ofthe residence,
involved with the said occupation shall not exceed two.
5. That there shall be no outside storage of goods or materials, excepted as noted in these
conditions. The sale of plants and garden accessories shall not include the development
of accessory buildings for this use. This use shall only be from the existing residence
within Plan 8910353, Block 3, Lot 3.
6. That there shall be no noise, vibration, smoke, dust or odours created from this home
occupation which may affect adjacent land owners or development.
7. That this home occupation permit shall be valid for a time period until March 30, 2002.
The applicant shall be responsible for applying for renewal of the permit one month
before the expiration of it. Renewal of this permit shall be subject to the applicant's
performance during that time period.
8. That this home occupation shall only be for a hairstyling and cosmetology salon, mobile
hairstyling & rentals service and the sale of vitamins, plants and garden accessories
from Plan 8910353, Block 3, Lot 3.
Carried.
Chairman Baksa returned to the Council Chambers and resumed the chair.
March 31, 2000 Page 33
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3. Variance Request -Plan 9411 176, Unit #7 -Division 5
`~ Lake Newell Resort -Encroachment into Rear Yard Setback Requirement
Moved by J. Doerksen that we grant a variance of 2.38m to Section 62.4 of Land Use Bylaw
#1004-90 to allow the stairs to remain as constructed 2.12 m from the rear property line
within Plan 9411 176, Unit #7. Carried.
14. Ouestion Period/Notice of Motion
A question period was held.
15. Ad,'ol urn
Moved by B. M`Kellar that the meeting adjourn at 3:40 p.m. Carried.
~~x-t/
CHAIRMAN
"/ ~_
SECRETARY
March 31, 2000 Page 34