HomeMy WebLinkAbout2002-03-28 Municipal Planning Commission (Regular) MinutesCounty of Newell No. 4
Minutes of Municipal Planning Commission Meeting
~-^ March 28, 2002
The regular Municipal Planning Commission Meeting of the County of Newell No.4 was
held in the County Office at Brooks, AB on Thursday, March 28, 2002 commencing at
10:00 a.m.
Members Present Chairman C. Baksa
Councillors G. Musgrove
M. Loewen
Representatives B. M`Kellar
R. Steinbach
Planner M. Cui
Tax & Assessment Clerk P. Urban
Administrator A. Martens
Recording Secretary P. Garrett
1. Call to Order
The Chairman called the meeting to order at 10:00 a.m.
'~ 2. Excused from Meetine
All members were in attendance at this meeting.
3. Minutes
Minutes of the February 26, 2002 meeting were presented to the Commission. Moved by
Councillor Loewen that we adopt these minutes as amended. Carried.
4. Call for Post Agenda Items
The Chairman called for post agenda items.
5. Adoption of A enda
Moved by Councillor Loewen that the agenda be adopted as amended. Carried.
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Page 24
6. Business from Minutes
1. Proposed Policy - RE: Town of Brooks Request for Input on Development
Direction was given to use the Urban Planning Referrals to the County of Newell as a guideline
when dealing with referrals from other municipalities.
2. O1 NL 021 - Pt. NW 6-18-14-W4 -Division 5
Eastern Irrigation District -Commercial Subdivision
There was no further information on this item.
3. Mar, Whaley & Doug - Pt. NW & SW 22-18-15-W4 -Division 5
A - A~~~~ltural District to I -Industrial District
There was no further information on this item.
4. O1 NL 031 Pt. SW 22-20-13-W4 -Division 3
Eastern Irrigation District -Waste Transfer Station
There was no further information on this item.
5. Eastern Irrigation District - Pt. SW 22-30-13-W4 -Division 3
A - Agticultural to P-WTS -Public -Waste Transfer Site District
There was no further information on this item.
6. O1 NL 034 - Pt. NE 1-18-15-W4 -Division 5
Zadi Investment Ltd. -Create 26 Lots for Multiple Unit Housine
A request for a further extension on this application was presented to the Commission. Moved
by Councillor Musgrove that we grant an extension to October 6, 2002 for Zadi Investment Ltd.
Subdivision Application O1 NL 034. Carried.
7. Permit #2316 -Plan 9410859, Lot 1 (NE 16-17-16-W4) -Division 4
Piper Edward & Colleen - Welding Short
Mr. Piper was in attendance to provide information on this item. Moved by Councillor Loewen
that, given a land use change was not approved for the NE 16-17-16-W4, Development Permit
Application #2316 be denied. Carried.
March 28, 2002 Page 25
Permit #2321 -Plan 8310857, Lot 1 (SW 5-18-14-W4) -Division 5
Klymochko. Al & Sharon -Single Family Dwelling with Decks & Gara eg_/ShoD
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Moved by R. Steinbach that we approve Development Permit Application #2321 for a single
family dwelling with decks and garage/shop to be located on Plan 8310857, Lot 1 (within the SW
5-18-14-W4) subject to the following conditions:
1. This use being classified as a "Single Family Dwelling" being a permitted use within the
RR 1-Resort Residential District.
2. This use complying with all Federal, Provincial and Municipal statutes, regulations, codes
and standards.
3. This use complying with the provisions of Section 62 of Land Use Bylaw #1004-90
pertaining to RR1-Resort Residential District, excluding variances granted by the Municipal
Planning Commission.
4. The development being located as shown on the site plan submitted on February 1, 2002.
Any change to that plan shall require the written approval of the Development Officer.
5. This use complying with the Alberta Building Code where applicable.
6. The Developer obtaining all required permits (ie: electrical, building, heating, ventilation, gas
and plumbing) from an accredited inspection agency.
7. The developer providing the Development Officer with a copy of the building permit issued
by a licenced, accredited building inspection agency for the County of Newell prior to the
commencement of construction.
8. The developer ensuring that an adequate supply of water is provided for this use.
9. The developer ensuring proper disposal of sewage and waste from this use.
10. The developer ensuring that the property is maintained to the satisfaction of the Development
Officer.
'- 11. The developer ensuring that construction materials, supplies and equipment are stored on the
property and not on the public roadway.
12. The developer ensuring the continuous clean-up of construction debris tracked onto the
public roadway where access is provided to the property.
13. The developer ensuring that the following minimum yard setback (measured from the
foundation of the building to the property line) is maintained for the development unless
otherwise approved by the Municipal Planning Commission:
Front Side Flankage Rear
3 metres 1.5 metres 3 metres 7.5 metres
14. A variance to the rear yard setback being granted to this application. The new minimum rear
yard setback is 15 feet (4.57 metres), as indicated in the site plan.
15. The developer ensuring the following building height be maintained for the development:
Principle Building 10 metres
Accessory Building 5 metres
16. This permit only being for the development of a single family dwelling with an attached
garage/shop and decks. Any additional development shall require a sepazate development
permit application and approval.
Carried.
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Page 26
7. Council Report
Chairman Baksa gave this report.
Development Report February 20, 2002 to March 28, 2002
Moved by Councillor Musgrove that we accept the Development Report. Carried.
9. Correspondence
1. Trendsetter Homes -Application Fee Refund Request
A letter from Janine Schoff, of Trendsetter Homes, requesting reimbursement of the $250.00
application fee for Development Permit Application #2323, was presented to the Commission.
Councillor Musgrove asked that we also consider a refund for Jacob Loewen at this time as
his refused application was for the same type of situation. Moved by Councillor Loewen that
we deny refunding the application fees for Development Permit Applications #2323,
Trendsetter Homes and #2324, Jacob Loewen. Carried.
2. Town of Brooks -Request for Comments - Application 2002 LUB 002
A letter from the Town of Brooks, requesting comments on Application 2002 LUB 002, was
presented to the Commission. Administration was directed to respond that there will be an
impact on the JoAnn Trucking Road and ask if the increased density has been considered in
their study.
10. Development Permits _
1. Permit #2331 -Plan 9011761, Block 1, Lot 2 (SW 10-19-14-W4) -Division 10
Twa Michele -Construct Basement under Mobile Home !Johnson Estates!
Moved by B. McKellar that we approve Development Permit Application #2331 for the
construction of a basement under a mobile home located on Plan 9011761, Block 1, Lot 2
(within the SW 10-19-14-W4) subject to the following conditions:
1. This use being classified as a "Mobile Home" being a discretionary use in the CR -
Country Residential District.
2. This use complying with all Federal, Provincial and Municipal statutes, regulations, codes
and standards.
3. This use complying with the provision of Section 51 of Land Use Bylaw #1004-90
pertaining to the CR -Country Residential District.
4. The development being located as shown on the site plan provided on March 8, 2002.
Any change to that plan shall require the written approval of the Development Officer.
5. This use complying with the Alberta Building Code where applicable.
6. The developer obtaining all required permits (ie: electrical, building, heating, ventilation,
gas and plumbing) from an accredited inspection agency.
7. The developer providing the Development Officer with a copy of the building permit
issued by a licensed, accredited building inspection agency for the County of Newell prior
to the commencement of construction.
8. The developer ensuring that an adequate supply of water is provided for this use.
9. The developer ensuring proper disposal of sewage and waste from this use.
10. The developer ensuring that the property is maintained to the satisfaction of the
Development Officer.
11. The developer ensuring that construction materials, supplies and equipment are stored on
the property and not on the public roadway.
March 28, 2002 Page 27
12. The developer ensuring the continuous clean-up of construction debris tracked onto the
public roadway where access is provided to the property.
13. The developer ensuring that the following minimum yards are maintained for the
"^ development (measured from the foundation of the primary building to the property line).
Front Side Flankage Rear
7.5 m 3 m 7.5 m 7.5 m
14. The development on this site constituting no more than one dwelling unit.
15. Development Permit #2325 being revoked immediately when this permit is in effect.
16. This permit being only for the development of a basement for the existing mobile home
located on Plan 9011761, Block 1, Lot 2. Any additional development shall require prior
approval by a separate development permit.
Carried.
2. Permit #2333 - SE 17-17-13-W4 -Division 2
Torkelson. Kevin -Moved-In Building
Moved by B. McKellar that we approve Development Permit Application #2333 for amoved-
in building onto a portion of the SE 17-17-13-W4 subject to the following conditions:
1. This use being classified as a "Moved-In Building" being a discretionary use within the
A -Agricultural District.
2. This use complying with all Federal, Provincial and Municipal statutes, regulations, codes
and standards.
3. This use complying with the provisions of Section 49 of Land Use Bylaw #1004-90
pertaining to the A -Agricultural District.
4. The development being located as shown on the site plan submitted on March 13, 2002.
Any change to that plan shall require the written approval of the Development Officer.
5. This use complying with the Alberta Uniform Building Code.
6. The developer obtaining all required permits (ie: electrical, building, heating, ventilation,
gas and plumbing) from an accredited inspection agency.
,.... 7. The developer providing the Development Officer with a copy of the building permit
issued by a licensed, accredited building inspection agency for the County of Newell prior
to the commencement of construction.
8. The developer ensuring that an adequate supply of water is provided for this use.
9. The developer ensuring proper disposal of sewage and waste from this use.
10. The developer ensuring that the property is maintained to the satisfaction of the
Development Officer.
11. The developer ensuring that construction materials, supplies and equipment are stored on
the property and not on the public roadway.
12. The developer ensuring the continuous clean-up of construction debris tracked onto the
public roadway where access is provided to the property.
13. The developer ensuring that the following minimum yards are maintained for the
development:
Front Side Flankage Rear
** 40 m *3 m ** 40 m *3 m
* from the property line
** from the centre line of any public road
14. The developer removing the two old houses.
15. The exterior of the moved-in building being resided or painted to the satisfaction of the
Development Officer.
16. The standard of the moved-in building and basement being at least equal to or better than
the average condition of the other buildings within the vicinity of a half mile radius.
17. The developer providing the County with an irrevocable letter of credit in the amount of
$5,000 to ensure provisions of Clause 15 are carried out.
18. This permit only being for the development of amove-in building and basement within the
SW 17-17-13-W4. Any additional development shall require prior approval by a separate
development permit.
Carried.
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ch 28, 2002
Page 28
3. Permit #2335 -Plan 8310857, Lots 2 & 3 (SW 6-18-14-W4) -Division 5
Wetteskind & Krafft -Replacement of Existing Garaee
Moved by Councillor Loewen that we approve Development Permit Application #2335 for
the replacement of an existing garage onto Plan 8310857, Lots 2 & 3 (within a portion of SW
5-18-14-W4) granting variances to the rear yard and side yazd setbacks, as outlined in
condition 13, subject to the following conditions:
1. This use being classified as "Accessory Building & Uses" being permitted uses within the
RR1 -Resort District.
2. This use complying with all Federal, Provincial and Municipal statutes, regulations, codes
and standards.
3. This use complying with the provisions of Section 62 of Land Use Bylaw # 1004-90
pertaining to the RR1 -Resort Residential District, unless variances aze granted by the
Municipal Planning commission.
4. The development being located as shown on the site plan submitted on March 20, 2002.
Any change to that plan shall require the written approval of the Development Ofi:icer.
5. This use complying with the Alberta Building Code, where applicable.
6. The developer obtaining all required permits (ie: electrical, building, heating, ventilation,
gas and plumbing) from an accredited inspection agency.
7. The developer providing the Development Officer with a copy of the building permit
issued by a licensed, accredited building inspection agency for the County of Newell prior
to the commencement of construction.
8. The developer ensuring that an adequate supply of water is provided for this use.
9. The developer ensuring proper disposal of sewage and waste from this use.
10. The developer ensuring that the property is maintained to the satisfaction of the
Development Officer.
11. The developer ensuring that construction materials, supplies and equipment are stored on
the property and not on the public roadway.
12. The developer ensuring the continuous clean-up of construction debris tracked onto the
public roadway where access is provided to the property.
13. The developer ensuring that the following minimum yard setback (measured from the
foundation of the building to the property line) is maintained for the development unless
otherwise approved by the Municipal Planning Commission:
Front Side (east) Side (west) Rear
Lotl 3m Om 1.Sm lm
Lott 3m lm Om lm
14. The developer ensuring the following building height be maintained for the development:
Principal Building 10 m
Accessory Building 5 m
15. The accessory building not being used for living or commercial purposes.
16. This permit only being for the development of a garage at Plan 8310857, Lots 2 & 3
(within a portion of the SW 5-18-14-W4). Any additional development shall require prior
approval by a separate development permit.
Carried.
1 1. Home Occupation Permits
1. Home Occupation Permit #119 - SW 30-17-13-W4 -Division 2
Maldaner Dwight -Carpentry Business
Moved by R. Steinbach that we approve Home Occupation Permit #119 for a carpentry business
to be located on the SW 30-17-13-W4 subJ'ect to the following conditions:
1. This use being classified as a "Home occupation" being a discretionary use within the A -
Agricultural District.
2. This use complying with all Federal, Provincial and Municipal statutes, regulations, codes
and standards.
3. This use complying with the provisions of Section 49 and Schedule B of Land Use Bylaw
# 1004-90.
Mazch 28, 2002 Page 29
4. This use not affecting the residential use of-the property or adjacent properties and area.
5. The total number ofoff--site employees involved with the said home occupation, not including
the occupants of the residence, not exceeding two.
~' 6. The storage of goods being entirely within the building and there being no fire or health
hazards created.
7. The developer minimizing noise, vibration, smoke, dust or odours created from this home
occupation which may affect adjacent land owners or development.
8. No advertising or display of pro~uct being permitted on the property except for one indirectly
illuminated sign of 1 square metre placed flat against the building or fence.
9. This home occupation permit being valid for a time period until December 31, 2003, at which
time it may be either revoked or renewed by the Municipal Planning Commission for another
year. Renewal of this permit shall be subject to the applicant's performance during that time
period. The applicant shall be responsible for re-applying one month before the expiry date.
10. This home occupation permit being granted for a carpentry business to be operated by the
applicant at the SW 30-17-13-W4. Any other type of home occupation shall require prior
approval by a separate application.
Carried.
12. Subdivisions
1. 02 NL 005 - SW 35-16-13-W4 -Division 2
Schroeder, Issak & Eileen -Residential Subdivision
Moved by Councillor Loewen that we recommend to Council approval of Subdivision
Application 02 NL 005 for a residential subdivision within the SW 35-16-13-W4 subject to the
following conditions:
1. The applicant consolidating, by plan, the remnant parcel with the adjacent lands within a
portion of the SW 35-16-13-W4 containing 80 acres as well as the adjacent lands within a
portion of the SE 35-16-13-W4 containing 33.10 acres.
2. The registration of a caveat for the dedication of 5-metre strip of land along the westerly
boundary of the SW 35-16-13-W4 for future road widening to be purchased at a rate this is
consistent with County policy at that time.
3. The applicant entering mto an agreement with the County of Newell for construction and/or
upgrading of road approaches to the proposed and remnant parcels as required by the Public
Works Department.
4. The registration of a deferred municipal reserve caveat against the remnant parcel. The
amount of the municipal reserve required will be calculated at the time the applicant provides
a plan of subdivision to the municipality for endorsement.
5. All oil and gas company leases, rights-of--way, Board Orders, etc. being carried forward, as
required, when the subdivision mylar is reg~'stered at Land Titles Office.
6. The applicant providing easements to franchise utilities for providing services to the
proposed and remnant parcels. The applicant may be responsible for the costs associated
with the installation, removal or modification of services.
7. The applicant meeting all requirements of the Eastern Irrigation District with respect to the
conveyance of water as well as easements.
Carried.
2. 02 NL 006 - NW 15-19-17-W4 -Division 6
Hutterian Brethren of Lathom -Single Vacant Parcel
This item was referred to the next meeting.
March 28, 2002
Page 30
13. Land Use ChanEes
1. Loewen, Jacob -Plan 1217 B.A., Block 7, Lot 2 -Division 3
HSF -Hamlet Single Family Residential to HMH -Hamlet Mobile Home Residential
Moved by Councillor Musgrove that we recommend to Council consideration of first reading of
a bylaw amending the land use for Plan 1217 B.A., Block 7, Lot 2 from HSF -Hamlet Single
Family Residential District to HMH -Hamlet Mobile Home Residential District. Carried.
Lunch
The Commission recessed for lunch from 11:55 a.m. to 12:27 p.m.
14. Other Business
1. Plumer Ben - SW 4-21-14-W4 -Duplex -Division 8
Direction was given to Administration to issue a Stop Order with respect to the above-noted item.
15. Post Aeenda Items
1. Permit #2336 -Plan 0011232, Block 2, Lot 2 (NW 12-20-15-W4) -Division 8
Zv¢onoulos George & Sofia -Mobile Home. Attached Deck & Shed
Moved by R. Steinbach that we approve Development Permit Application #2336 for a mobile
home with attached deck and shed to be located onto Plan 0011232, Lot 2, Block 2 (within a
portion of the NW 12-20-15-W4) subject to the following conditions:
1. This use being classified as a "Mobile Home" being a discretionary use and as an "Accessory
Building" being a permitted use within the CR -Country Residential District.
2. This use complying with all Federal, Provincial and Municipal statutes, regulations, codes
and standards.
3. This use complying with the provisions of Section 51 of Land Use Bylaw #1004-90
pertaining to the CR -Country Residential District.
4. The development being located as shown on the site plan submitted on March 22, 2002. Any
change to that plan shall require the written approval of the Development Officer.
5. This use complying with the Alberta building Code where applicable.
6. The developer obtaining all required permits (ie: electrical, building, heating, ventilation, gas
and plumbing) from an accredited inspection agency.
7. The developer providing the Development Officer vcnth a copy of the building permit issued
by a licensed, accredited building inspection agency for the County of Newell prior to the
commencement of construction.
8. The developer ensuring that an adequate supply of water is provided for this use.
9. The developer ensuring proper disposal of sewage and waste from this use.
10. The developer ensuring that the property is maintained to the satisfaction of the Development
Officer.
11. The developer ensuring that construction materials, supplies and equipment are stored on the
property and not on the public roadway.
12. The developer ensuring the continuous clean-up of construction debris tracked onto the
public roadway where access is provided to the property.
13. The design, character, appearance and layout of the building being similar in nature to other
buildings on adjacent lots.
14. No outside storage being allowed unless otherwise approved by the Municipal Planning
Commission.
15. The developer ensuring that the following minimum yards are maintained for the
development (measure from the foundation of the building to the property line):
March 28, 2002 Page 31
Front Side Flankage Rear
7.Sm 3m 7.Sm 7.Sm
16. This permit being only for the development of a mobile home, attached deck and a shed at
'"' Plan 0011232, Lot 2, Block 2 (within a portion of NW 12-20-15-W4). Any additional
development shall require prior approval by a separate development permit.
Carried.
2. April Meeting, Date
The Chairman informed the Commission that she will not be in attendance at the April meeting.
As there will still be a quorum, this meeting date will not be changed.
16. Ouestion Period/Notice of Motion
A question period was held.
17. Information Items
There were no information items.
18. Adjourn
The Chairman declared the meeting adjourned at 12:41 p.m.
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RM
PLANNER
March 28, 2002 Page 32