HomeMy WebLinkAbout2002-05-28 Municipal Planning Commission (Regular) Minutes~~
County of Newell No. 4
Minutes of Municipal Planning Commission Meeting
~'" May 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 Tuesday, May 28, 2002 commencing at 10:00 a.m.
Members Present Chairman C. Baksa
Councillor G. Musgrove
M. Loewen
Representatives B. M`Kellar
R. Steinbach
Planner M. Cui
Development Control Officer 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 Meetinu
.-
All members were in attendance at this meeting.
3. Minutes
Minutes of the April 30, 2002 meeting were presented to the Commission. Moved by R.
Steinbach that we adopt these minutes as presented. Carried.
4. Call for Post Agenda Items
The Chairman called for post agenda items.
5. Adoption of Agenda
Moved by Councillor Musgrove that the agenda be adopted as amended. Carried.
May 28, 2002 Page 40
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Business from Minutes
1. O1 NL 021 - Pt. NW 6-18-14-W4 -Division 5
Eastern Irrigation District -Commercial Subdivision
There was no further information on this item.
2. O1 NL 031 Pt. SW 22-20-13-W4 -Division 3
Eastern Irrigation District -Waste Transfer Station
This item will be removed from the agenda until the site for the Patricia Waste Transfer Station
has been decided.
3. Eastern Irrigation District - Pt. SW 22-30-13-W4 -Division 3
A -Agricultural to P-WTS -Public -Waste Transfer Site District
This item will be removed from the agenda until the site for the Patricia Waste Transfer Station
has been decided.
4. O1 NL 034 - Pt. NE 1-18-15-W4 -Division 5
Zadi Investment Ltd. -Create 26 Lots for Multiple Unit Housing
There was no further information on this item.
5. 02 NL 006 - NW 15-19-17-W4 -Division 6
Hutterian Brethren of Lathom -Single Vacant Parcel
Moved by R. Steinbach that we recommend to Council approval of Subdivision Application 02
NL 006 for the creation of a parcel to be used for a cemetery within the NW 15-19-17-W4
subject to the following conditions:
1. The registration of a caveat for the dedication of a 5-metre strip of land along the westerly
boundary of both the proposed and remnant parcels for future road widening to be purchased
at a rate this is consistent with County policy at that time.
2. The applicant entering into an agreement with the County of Newell for construction and/or
upgrading of road approaches to the proposed and remnantparcels as required by the Public
Works Department.
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.
4. 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.
5. The applicant meeting all requirements of the Eastern Irrigation District with respect to the
conveyance of water as well as easements.
May 28, 2002
Page 41
6. The applicant reconfiguring the proposed parcel to square it off with the quarter section line
thereby eliminating the panhandle.
^ Carried.
7. Town of Brooks -Draft Southeast Sector Area Structure Plan
The Chairman reported on a meeting with the Town of Brooks and the County Urban Fringe
Committee regarding the Town's Southeast Sector Area Structure Plan.
8. Zadi Investments Ltd. -Lake Newell Resort Area Structure Plan -Division 5
This area structure plan was referred back to the developer for changes and updating.
7. Council Report
The Chairman gave this report.
8. Development Report Apri124, 2002 - Mav 21, 2002
Moved by Councillor Musgrove that we accept the Development Report. Carried.
,--
9. Correspondence
1. Ben R. Plumer RE: Stop Order - SW 4-21-14-W4
A letter from Ben R. Plumer, regarding a Stop Order for the SW 4-21-14-W4, was presented to
the Commission. It was felt that, at this time, Mr. Plumer has met the conditions of the Stop
Order.
2. Town of Brooks RE: Application 2002 LUB 007
A letter from the Town of Brooks requesting input on Land Use Amendment Application 2002
LUB 007 was presented to the Commission. Administration was directed to send a letter to the
Town of Brooks requesting a copy of the Storm Water Management Plan for the proposed
development area.
3. Town of Brooks RE: Bylaw 02/17 - Laneway Closure
A letter from the Town of Brooks requesting input on Laneway Closure Bylaw 02/17 was
presented to the Commission. Administration was directed to send a letter to the Town of
Brooks stating that we have no objections to this laneway closure.
May 28, 2002 Page 42
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4. Town of Brooks RE: 2002 SUB OS
A letter from the Town of Brooks requesting input on Subdivision Application 2002 SUB OS
was presented to the Commission. Administration was directed to send a letter to the Town of ~_
Brooks requesting a copy of the Storm Water Management Plan for the proposed development
area.
10. Development Permits
1. Permit #2350 -Plan 7410106, Block 4 (SE 3-19-14-W4) -Division 10
De Jong, Jay -Detached Oversized Building Storage for Commercial Bus
Moved by Councillor Loewen that we deny Development Permit Application #2350 for the
construction of an accessory building for the storage of a commercial bus at Plan 7410106, Block
4 (within the SE 3-19-14-W4). Carried. This area, zoned CR2 -Country Residential 2 District, is
primarily for residential use. It was felt that if another accessory building were permitted, the
residential use would become secondary to the commercial use which is not the intent of the CR2
district.
2. Permit #2354 -Plan 9810148, Block 3 (Pt. N 32-18-15-W4) -Division 5
Rose, Laverne - 9 Unit Mobile Home Park (5 existing sites , 4 new sited
Moved by Councillor Loewen that we approve Development Permit Application #2354 for the
development of the 5 existing mobile home sites located on Plan 9810148, Block 3 (within a portion
of N 32-18-15-W4) and that we approve the removal of the existing residence for replacement with
a manufactured home subject to the following conditions:
1. This use being classified as a "Mobile Home Park" being a permitted use within the MHP -
Mobile Home Park 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 61 of Land Use Bylaw #1004-90 pertaining
to the Mobile Home Park District.
4. This development containing a maximum of six (6) sites, including the 5 existing mobile home
sites and the 1 existing residential site, on Plan 9810148, Block 3 (within the N of 32-18-15-
W4).
5. The Municipal Planning Commission waiving the requirements under Section 61.4 of Land Use
Bylaw #1004-90 and allowing smaller mobile home sites thartare required under this section.
No mobile home site shall be smaller than 19,000 ftz, as indicated on the site plan provided.
6. The developer being responsible for the installation ofpump-out tanks, at the developer's cost,
for each unit, should the soil's capability to handle effluent not be satisfactory in the future.
7. The developer ensuring that each mobile home pad site satisfies the following requirements:
a) Mobile Home
Each mobile home pad site shall be provided with a pad upon which a mobile home maybe
suitably installed, and each mobile home shall be located:
(a) a minimum of 6 metres from any adjacent mobile home pad;
(b) a minimum of 3 metres from any park boundary;
(c) a minimum of 3 metres from any park street.
May 28, 2002 Page 43
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b) Accessory Buildings
Accessory Buildings shall be located a minimum of 3 metres from any other accessory
°~ building, attached structure or mobile home on any adjacent mobile home space.
8. The Developer ensuring that the following requirements are satisfied by the development of a
mobile home park located on Plan 9810148, Block 3 (within the N 32-18-15-W4).
a) All internal streets shall be all-weather construction and be a minimum of 12 metres in
width.
b) Each mobile home shall be fixed to a permanent foundation or blocked to CMHC standards,
and shall be skirted with the hitch removed or skirted.
c) Garbage and waste material shall be stored in weatherproof and animal-proof containers and
shall be visually screened from all adjacent sites and public roadways.
d) All mobile homes shall meet or exceed the CSA 2240 Standards.
9. The developer ensuring that there is an adequate supply of water for fire suppression within the
mobile home park.
10. The developer ensuring that an adequate supply of water is provided for this use.
11. The developer ensuring that there is proper disposal of sewage and waste from each unit.
12. The developer ensuring that the property is maintained to the satisfaction of the Development
Officer.
13. The applicant entering into an agreement with the County of Newell for construction of an
internal service road, for the removal of the excess approaches and for the upgrading of any
remaining road approaches to the proposed parcel as required by the Public Works Department.
Carried.
3. Permit #2353 -Plan 8211419, Block 1, Lot 6 (NE 35-18-15-W4) -Division 5
Smith, P. Robert & Skuban, Fern -Detached Oversized Building -Storage
.-..
Moved by R. Steinbach that we approve Development Permit Application #2353 for the construction
of a detached, oversized storage building on Plan 8211419, Block 1, Lot 6 (within the NE 35-18-15-
W4) waiving the overall size requirement subject to the following conditions:
1. This use being classified as a "Mini Storage" being a discretionary use within the LI -Light
Industrial District.
2. This use complying with all Federal, Provincial and Municipal statues, regulations, codes and
standards.
3. This use complying with the provisions of Section 55 of Land Use Bylaw #1004-90 pertaining
to the LI -Light Industrial district.
4. This use complying with the Alberta Building Code where applicable.
5. The developer obtaining all required permits (ie: electrical, building, heating, ventilation, gas
and plumbing) from an accredited inspection agency. --
6. 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.
7. The developer ensuring that the property is maintained to the satisfaction of the Development
Officer.
8. The developer ensuring that construction materials, supplies and equipment are stored on the
property and not on the public roadway.
9. The developer ensuring the continuous clean up of construction debris tracked onto the public
roadway where access is provided to the property.
May 28, 2002 Page 44
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10. The developer ensuring that the overall building height does not exceed 4.7 m (14 ft) and that
the area does not exceed 334 m2 (3600 sq ft) or as varied by the Municipal Planning
Commission.
11. The developer ensuring that the following minimum yard setback is maintained for the
development:
Front Side Flankage Rear
*7.Sm **3m **7.Sm **7.Sm
* Minimum yard distance from subdivision street or service road.
** Setback from property line.
12. This permit being only for the development of an accessory building for general storage as
shown on the site plan submitted on May 5, 2002. Any additional development shall require
prior approval of a separate permit application.
13. The developer submitting plans for the building to the Development Officer for approval prior
to construction.
Carried.
4. Permit #2360 -Plan 0210404, Block 7, Lot 26 (NE 13-20-13-W4) Hamlet of Patricia
Dapaz, Mynor & Saundra -Applicants (County of Newell -Owner) -Division 3
Moved In Residence With Porch
Moved by Councillor Musgrove that we approve Development Permit Application #2360 for a
residence with a porch to be moved onto Plan 0210404, Block 7, Lot 26 (within the NE 13-20-13-
W4) subject to the following conditions:
1. This use being classified as a "Moved In Building" being a discretionary use within the HSF -
Hamlet Single Family 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 56 of Land Use Bylaw #1004-90 pertaining
to the HSF -Hamlet Single Family District.
4. The development being located as shown on the site plan submitted May 14, 2002. Any changes
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.
8. The developer ensuring that an adequate supply of water is provided for this use.
9. The developer ensuring the 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 cleanup 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 is maintained for the
development from the property line to the foundation:
Front Side Flankage Rear
7.Sm 1.Sm 3m 3m
May 28, 2002
Page 45
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14. This permit being only for the development of the relocation of a single family residence, with
porch, as shown in Development Permit Application #2360 submitted on May 14, 2002. Any
'"` additional development shall require prior approval of a separate permit application.
15. The developer ensuring the moved in building is placed on a concrete foundation or preserved
wood basement within one year following the date of approval.
16. The applicant providing to the County an irrevocable letter of credit, or other form of security
to the satisfaction of the municipality, in the amount of $2,500.00 to ensure that the requirements
of the following conditions are met:
a) this development being placed on a concrete foundation or preserved wood basement;
b) the house and addition being repainted;
c) the awnings be repainted then replaced; and
d) the shingles being replaced.
17. The developer being responsible for all costs associated with the modifications of water and
sewer services to provide service to the moved in building. All this work shall be to the
satisfaction of the Hamlet Advisory Committee. The developer shall also be responsible for the
restoration of the street, to the satisfaction of the Superintendent of Public Works, when these
services are installed.
18. The developer ensuring that the siding is painted on the addition (porch) as well as the remainder
of the residence.
19. The developer ensuring that new shingles, and other improvements made to the awnings as
required, are completed to ensure the building is habitable.
20. The developer ensuring the relocation of the building and proposed renovations are completed
within one year of approval date.
Carried.
•.-
5. Permit #2362 -Plan 1217 B.A., Block 7, Lot 2 (NE 13-20-13-W4) Hamlet of Patricia
Loewen, Jacob -Applicant (Thiessen, Peter -Owner) -Moved In Mobile Home with Porch
Moved by Councillor Musgrove that we approve Development Permit Application #2362 for the
relocation of a mobile home and porch on Plan 1217 B.A., Block 7, Lot 2 (within the NE 13-20-13-
W4) subject to the following conditions:
1. This use being classified as a "Moved In Mobile Home" being a discretionary use within the HR
-Hamlet 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 57 of Land Use Bylaw #1004-90 pertaining
to the HR -Hamlet Residential District.
4. The development being located as shown on the site plan submitted May 17, 2002. Any changes
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 the proper disposal of sewage and waste from this use.
May 28, 2002 Page 46
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 is maintained for the
development:
Front Side Flankage Rear
7.Sm 1.Sm 3m 3m
14. This permit being only for the relocation of a mobile home and small porch as shown on the site
plan submitted on May 17, 2002. Any additional development shall require prior approval of
a separate permit application.
1 S. The siding of the porch matching, to the satisfaction of the Development Officer, that of the
mobile home.
16. The mobile home meeting or exceeding the CSA 2240 construction standard with permanent
foundation supports.
17. The developer ensuring the relocation of the mobile home and proposed renovations are
completed prior to June 19, 2004.
18. The applicant providing to the County an irrevocable letter of credit in the amount of $1,000.00
to ensure that the following renovations are completed:
a) adding siding on the addition (porch) consistent with the mobile home, and
b) skirting completed with siding to be consistent with the mobile home.
Carried.
Moved by Councillor Musgrove that we waive the development fee of $50.00 for Development
Permit #2362. Defeated.
6. Permit #2363 - Pt. SW 12-18-18-W4 & Pt. NW 1-18-18-W4 -Division 4
E.I.D. -Applicant (Hutterian Brethren of Bow City- Ownerl -Gravel Pit
Moved by Councillor Musgrove that we approve Development Permit Application #2363 for the
development of a gravel pit within a portion of the SW 12-18-18-W4 and within a portion of the NW
1-18-18-W4 subject to the following conditions:
1. This use complying with all Federal, Provincial and Municipal statutes, regulations, codes and
standards including Alberta Environment requirements.
2. An access plan and haul route being provided prior to commencement of the development.
3. The applicant being responsible for any costs related to the access and haul route including dust
abatement if required by the Public Works Department.
4. The development being located as shown on the site plan submitted May 17, 2002. Any changes
to that plan shall require the written approval of the Development Officer.
S. The applicant providing the Development Officer with a copy of the permit issued by Alberta
Environment.
6. The approval being granted for the development of a gravel pit located within a portion of the
SW 12-18-18-W4 and within a portion of the NW 1-18-18-W4. Any other development shall
require separate application and approval.
May 28, 2002
Page 47
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7. There being no stockpiling of gravel permitted.
Carried.
7. Permit #2364 - Pt. SE 31-18-15-W4 -Division 5
Smids. Matthew & Lori -Moved In Residence
Moved by B. M`Kellar that we approve Development Permit Application #2364 for the relocation
of a single family residence to be moved onto a portion of the SE 31-18-15-W4 subject to the
following conditions:
1. This use being classified as a "Moved In Mobile Home" 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 May 17, 2002. Any changes
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 the 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 is maintained for the
development:
Front Side Flankage Rear
*40 m ** 3 m *40 m **3 m
* From the centre line of a public roadway.
** From the property line.
14. This permit being only for the relocation of a single family residence as shown on the site plan
submitted on May 17, 2002. Any additional development shall require prior approval of a
separate permit application.
15. The developer ensuring that the moved in building is placed on a concrete foundation or
preserved wood basement within one year following the date of approval.
16. The applicant providing to the County an irrevocable letter of credit, or other form of security
to the satisfaction of the municipality, in the amount of $2,500.00 to ensure the following
conditions are met:
a) this development be placed on a concrete foundation or preserved wood basement;
b) the siding and windows be replaced;
c) the shingles be replaced; and
May 28, 2002 Page 48
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d) the deck be restored.
17. This application being subj ect to a site inspection conducted by the Development Officer within
one year from the date of approval to ensure that all conditions are satisfactory to the
municipality. The developer shall be responsible for arranging a suitable date and time for the
inspection.
18. The developer ensuring that the siding and windows are replaced on the residence.
19. The developer ensuring that new shingles, and other improvements made to the deck as required,
are completed to ensure the building is habitable.
20. The developer, prior to the relocation of the residence, providing the Development Officer with
a report from a person certified in building code requirements identifying improvements that are
necessary to the residence to ensure that it satisfies the Alberta Building Code.
21. The existing modular home being removed from this site upon occupancy of the residence and
that the modular home not be used as a rental unit.
22. There being no objection from the Eastern Irrigation District.
Carried.
8. Permit #2365 -Plan 8810439, Block A (SW 13-20-15-W4) -Division 8
Newell Christian School Society -Addition to School & Storage Building
Kevin Keenan, Newell Christian School Society, was in attendance to present information on this
application. Moved by Councillor Loewen that we approve Development Permit Application #2365
for an addition to the school and a storage building to be located on Plan 8810439, Block A (within
the SW 13-20-15-W4) subject to the following conditions:
1. This use being classified as a "Public -Quasi Public Building Being Used For School Purposes"
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 May 21, 2002. Any changes
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 an adequate supply of water is provided for this use.
9. The developer ensuring the 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.
May 28, 2002
Page 49
13. The developer ensuring that the following minimum yard setback is maintained for the
development:
^ Front Side Flankage Rear
*40 m **1.5 m *40 m **3 m
*From centre line of public roadway
** From property line
14. This permit being only for the development of the Moved In Building (Modules) and an
Accessory Building as shown on the site plan submitted May 21, 2002. Any additional
development shall require prior approval of a separate permit application.
15. The developer ensuring that the siding on the proposed building addition and the accessory
building is consistent with the existing building.
Carried.
11. Home Occupation Permits
1. Home Occupation Permit #122 -Plan 7410106, Block 4 (SE 3-19-14-W4) -Division 10
De Jong Jay -Tour Operator Business & Storage of Commercial Bus
Moved by Councillor Loewen that we approve Home Occupation Permit #122 for the purposes of
a Tour Operator Business and Storage of Commercial Bus subject to the following conditions:
1. This use being classified as a "Home Occupation" being a discretionary use within the CR2 -
Country Residential 2 District.
2. The use complying with all Federal, Provincial and Municipal statutes, regulations, codes and
standards.
3. This use complying with the provisions of Section 52 of Land Use Bylaw #1004-90 pertaining
^ to the CR2 -Country Residential 2 District.
4. This use not affecting the residential use of the property or adjacent properties and area.
5. The total number of off-site employees involved with the said occupation (not including the
occupants of the residence) not exceeding two.
6. There being no outside storage of goods and materials.
7. There being no noise, vibration, smoke, dust or odours created from this home occupation which
may affect adjacent land owners or development.
8. Only one commercial vehicle being allowed in connection with the proposed home occupation
and no other off street parking being allowed.
9. This home occupation permit being valid for a time period until December 31, 2003. Renewal
of this permit shall be subject to the applicant's performance during that time. The applicant
shall be responsible for re-applying one month prior to the expiry period.
10. This home occupation permit being granted for a Tour Operator Business and Commercial Bus
Storage to be operated by the applicant at Plan 7410106, Block 4 (within a Pt. SE 3-19-14-W4).
Any other type of home occupation shall require a separate application and approval.
Carried.
Lunch
'The Commission recessed for lunch from 12:07 p.m. to 12:55 p.m.
May 28, 2002 Page 50
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12. Subdivisions
1. 02 NL 010 - Pt NW 18-21-18-W4 -Division 6 -
Michael Steinbach -Applicant (M & L Farms Ltd - Ownerl -Non A~xicultural Subdivision
Moved by R. Steinbach that we recommend to Council approval of Subdivision Application 02 NL
010 for a non agricultural subdivision within a portion of the NW 18-21-18-W4 subject to the
following conditions:
1. The applicant entering into 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.
2. The land use amendment from OF to P-WTS being approved by the County Council prior to the
endorsement of the subdivision plan.
3. The applicant meeting all requirements of the Eastern Irrigation District with respect to the
conveyance of water as well as easements.
4. 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.
5. 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.
6. The proposed subdivision encompassing the entire triangular parcel of land located within the
NW 18-21-18-W4 north of the railroad tracks.
Carried.
2. 02 NL 011 - NW 12-19-15-W4 -Division 5
Bill Jackson -Farmstead Separation
Moved by B. M`Kellar that we recommend to Council that they deny Subdivision Application 02
N O l 1 for a farmstead separation within the NW 12-19-15-W4 as it would be creating a panhandle,
it would be within Lakeside's MDS and there is an industrial subdivision adjacent to the proposed
subdivision. Carried.
13. Land Use Changes
1. Prins, Joe & Arda - SE 1-19-15-W4 -Division 5
OF -Urban Fringe to HC -Highway Commercial
Moved by R. Steinbach that we recommend to Council that consideration be given to first reading
of abylaw to re-designate the subject parcel of land (6 acres more or less) within the SE 1-19-15-W4
from OF -Urban Fringe District to HWY C -Highway Commercial District. Carried.
14. Other Business
There were no Other Business items.
May 23, 2002
Page 51
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15. Post Agenda Items
1. Town of Brooks RE: A,~ulications 2002 LUB 004 & 2002 ASP O1
A letter from the Town of Brooks, requesting input on applications 2002 LUB 004 and 2002 ASP
O 1, was presented to the Commission. Administration was directed to send a letter to the Town of
Brooks informing them that we have no objections to these applications.
2. Permit #2274- LaRay Derstine - Request for Variance to Condition
A letter from LaRay Derstine, requesting a variance to condition 19 of Development Permit #2274
by asking that he not be made to re-side the home and asking for the return of his Irrevocable Letter
of Credit, was presented to the Commission. Moved by Councillor Musgrove that we return the
Irrevocable Letter of Credit to Mr. Derstine once he has cleaned the siding on this residence.
Carried.
3. Permit #2361 -Plan 1774 LK, Block A, Lot 1 (SE 6-19-14-W4) Divisionl0
Arndt, Rennie & Fullerton, Freda -Oversized Accessory Building
Moved by R. Steinbach that we approve Development Permit Application #2361 for an oversized
accessory building to be constructed on Plan 1774 LK, Block A, Lot 1 (within the SE 6-19-14-W4)
waiving the height restriction for the accessory building subject to the following conditions:
1. This use being classified as an "Accessory Building" being a discretionary 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. This use complying with the Alberta Building Code where applicable.
5. The developer obtaining all required permits (ie: electrical, building, heating, ventilation, gas
and plumbing) from an accredited inspection agency.
6. 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.
7. The developer ensuring that the property is maintained to the satisfaction of the Development
Officer.
8. The developer ensuring that construction materials, supplies and equipment are stored on the
property and not on the public roadway.
9. The developer ensuring the continuous clean up of construction debris tracked onto the public
roadway where access is provided to the property.
10. The developer ensuring that the following minimum yard setback is maintained for the
development:
Front Side Flankage Rear
*7.5 m **3 m *7.5 m **7.5 m
* Minimum yard distance from subdivision street or service road.
** Setback from property line.
May 28, 2002 Page 52
11. This permit being only for the development of an accessory building for general storage and
hobby shop as described on the site plan submitted May 23, 2002. Any additional development
shall require prior approval of a separate permit application.
12. The proposed accessory building not being used for living purposes.
13. There being no commercial uses permitted in connection with the proposed accessory building.
14. The Municipal Planning Commission grants a variance such that the building not exceed an area
of 119 mZ (1280 ftz) and the height not exceed 7.3 m (24 ft).
Carried.
4. Fee Schedule
A discussion was held on the interpretation of the Fee Schedule pertaining to the Variance to Land
Use Bylaw fees. Moved by Councillor Loewen that we recommend to Council that the Variance to
Land Use Bylaw fee be set at $200.00 in addition to the development permit fee. Carried.
5. July Meeting Date
Moved by Councillor Loewen that we cancel the July 30`~ meeting and have a Municipal Planning
Commission meeting on August 21". Carried. Moved by Councillor Loewen that we cancel the
August 27~ meeting. Carried.
16. Ouestion Period/Notice of Motion
A question period was held. A discussion was held on development of lands around Lake Newell.
17. Information Items
There were no information items.
18. Adjourn
Moved by Councillor Loewen that the meeting be adjourned at 2:34 p.m.
C ~_
CHAIRMAN
PLANNER
May 28, 2002 Page 53