HomeMy WebLinkAbout2003-09-30 Municipal Planning Commission (Regular) Minutes
County of Newell No. 4
Minutes of Municipal Planning Commission Meeting
~ September 30, 2003
The regular Municipal Planning Commission Meeting of the County of Newell No. 4 was held
in the County Office at Brooks, AB on Tuesday, September 30, 2003 commencing at 10:00 a.m.
Members Present Chairman C. Baksa
Councillor G. Musgrove
Members B. M°Kellar
R. Steinbach
Planner T. Henry
Development Officer P. Urban
Assistant Administrator N. Moriyama
Recording Secretary P. Garrett
1. Call to Order
The Chairman called the meeting to order at 10:00 a.m.
2. Excused from Meeting
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Moved by Councillor Musgrove that Councillor Moss be excused from this meeting. Carried.
3. Minutes
1. August 26, 2003
Minutes of the August 26, 2003 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 A eg nda
Moved by B. M°Kellar that the agenda be adopted as amended. Carried.
September 30, 2003 Municipal Planning Commission Page 91
6. Business from Minutes
1. Permit #2549 - NW 12-18-14-W4 -Division 5
MacIntyre, Donald (Owner/Applicant)
Moved-In Mobile Home for Additional Agricultural Residence
Moved by Councillor Musgrove that we classify this use as a "Mobile Home "being a
discretionary use within the A -Agricultural District and that we grant approval for
Development Permit Application #2549 for the placement of a 1975 mobile home with addition,
for the purposes of an agricultural residence, within the NW 12-18-14-W4 where the following
are required prior to commencement of construction and issuance of this permit:
1. The developer providing the Development Officers with a copy of the building permit issued
by a licensed, accredited building inspection agency for the County of Newell.
2. The developer entering into a Rural Water Use Purposes Agreement with the Eastern
Irrigation District and providing evidence of this agreement.
3. The developer entering into an agreement with the County of Newell for the installation
and/or upgrade of any required road approaches to the parcel.
And subject to the following conditions:
1. The proposed development complying with all Federal, Provincial and Municipal statutes,
regulations, codes and standards.
2. The proposed development complying with the provisions of Section 49 of Land Use Bylaw
#1004-90 pertaining to the A -Agricultural District.
3. The developer ensuring the following setbacks are maintained for the proposed
development:
Front Side Rear
*40 m **3 m **3 m
* Minimum distance to be maintained from the centreline ofpublic roadways or secondary
highways
** Minimum distance to be maintained from property lines
4. The proposed development complying with the Alberta Building Code where applicable.
5. The developer obtaining all other required permits including electrical, heating &
ventilation, gas and plumbing from an accredited inspection agency and providing copies
of the applicable permits to the Development Officer prior to the commencement of
construction.
6. The developer ensuring the property is maintained to the satisfaction of the Development
Officer.
7. The developer ensuring construction materials, supplies and equipment are stored on the
property and not on the public roadway.
8. The developer ensuring the continuous clean up of construction debris tracked onto the
public roadway where access is provided to the property.
9. The developer ensuring this development is located as shown on the site plan submitted on
August 12, 2003, any changes to that plan shall require the written approval of the
Development Officer.
10. This permit is being granted only for the development of amoved-in 1975 mobile home with
a porch, for the purposes of an additional agricultural residence, within the NW 12-18-14-
W4, any additional development shall require prior approval of a separate permit
application.
September 30, 2003 Municipal Planning Commission Page 92
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11. The developer ensuring there is proper disposal of sewage and waste from this use, ensuring
Alberta Labour Standard requirements are met.
'^ 12. The developer ensuring an adequate supply of water is provided for this use.
13. The developer ensuring the design, character and appearance of the proposed building is
consistent with other buildings in the vicinity.
14. The developer ensuring the mobile home is skirted with materials the same as or consistent
with the remainder of the building.
15. The developer ensuring the proposed development does not encroach onto Irrigation Right-
of-Way Plan 9511452 and Gas Pipeline Right-of--Way Plan 8111990.
Carried.
2. 03 NL 009 -Plan 2123 FB, Block 1, Lots 14 & 15 (SE 6-15-13-W4) Division 1
Kristianson, Arline (owner) -Lawson, Barbara (applicant)
Subdivision of 2 HR -Hamlet Residential District Lots to Create 4 Lots
Moved by R. Steinbach that we recommend to Council approval of Subdivision Application 03
NL 009 for the subdivision of Plan 2123 FB, Block 1, Lots 14 & 15 (within the SE 6-15-13-W4)
to create 41ots subject to the following conditions:
1. The registration of a caveat for the dedication of a 5-metre strip of land along the southern
boundary of lots 14 and 15 for future road widening to be purchased at a rate that is
consistent with County policy at that time.
2. All oil and gas company leases, rights-of--way and Board Orders being carried forward when
,.-, the subdivision mylar is registered at Land Titles Office.
3. The applicant providing easements to franchise utilities for services to the proposed and
remnant parcels. The applicant may be responsible for the costs associated with the
installation, removal or modification of services.
4. The applicant entering into an agreement with the County of Newell for the installation of
any required road approaches to the proposed and/or remnant parcels.
5. The applicant providing a Real Property Report for the affected properties prior to
endorsement.
6. The moved-in structure and existing home being tied into the Hamlet of Rolling Hills
utilities and that they provide any required easements for these utilities.
7. All outstanding municipal taxes being paid prior to endorsement.
8. Each lot being subdivided in half thereby creating four 66' X 165' lots.
Carried.
September 30, 2003 Municipal Planning Commission Page 93
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3. Permit #2545 -Plan 9611086, Block 1 (SE 36-18-15-W4) -Division 5
Smith, Byron & Jane (Owners), MacDonald, Cliff (Applicant)
Construction of Oversized Accessory Building-
Owner Byron Smith and Applicant C1iffMacDonaldwere in attendance to present information
on this application. Although, at the last meeting, a motion was made to postpone making a
decision on this application pending a review of amendments to Highway 542 Area Structure
Plan, the Owner and the Applicant requested that this application be re-presented and
reconsidered. Moved by R. Steinbach that we classify this use as an "Accessory Building" being
a permitted use within the CR -Country Residential District and that we grant approval to
Development Permit Application #2545 for the construction of an oversized accessory building
on Plan 9611086 Block 1 (within SE 36-18-15-W4), granting the following variances:
a) 1.5 m (4.9 ft) to Section 51.7(3) for overall height,
b) 2.5 m (8.2 ft) to Section 51.7(4) for wall height and;
c) 145.3m2 (1,564 ft2) to Section 51.7(5) for overall area
where the following are required prior to commencement of construction and issuance of this
permit:
1. 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.
2. The developer entering into a Rural Water Use Purposes Agreement with the Eastern
Irrigation District and providing evidence of this agreement.
And subject to the following conditions:
1. The proposed development complying with all Federal, Provincial and Municipal statutes,
regulations, codes and standards.
2. The proposed development complying with the provisions of Section 51 of Land Use Bylaw _.
#1004-90 pertaining to the CR -Country Residential District.
3. The developer ensuring the following setbacks are maintained for the proposed _-"
development:
Front Side Rear
*40 m **3 m **7.5 m
* Minimum distance to be maintained from the centreline of public roadways or secondary
highways
** Minimum distance to be maintained from property lines
4. The proposed development complying with the Alberta Building Code where applicable.
5. The developer obtaining all other required permits including electrical, heating &
ventilation, gas and plumbing from an accredited inspection agency and providing copies
of the applicable permits to the Development Officer prior to the commencement of
construction.
6. The developer ensuring the property is maintained to the satisfaction of the Development
Officer.
7. The developer ensuring construction materials, supplies and equipment are stored on the
property and not on the public roadway.
8. The developer ensuring the continuous clean up of construction debris tracked onto the
public roadway where access is provided to the property.
9. The developer ensuring this development is located as shown on the site plan submitted on
September 23, 2003, any changes to that plan shall require the written approval of the
Development Officer.
September 30, 2003 Municipal Planning Commission Page 94
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10. This permit is being granted only for the development of an accessory building on Plan
9611086 Block 1 (within SE 36-18-15-W4), any additional development shall require prior
r-- approval of a separate permit application.
11. The developer ensuring there is proper and legal access provided to the property.
12. The developer ensuring the design, character and appearance of the proposed building is
consistent with other buildings in the vicinity.
13. The developer ensuring the exterior of the proposed building is finished of materials the
same as, or consistent with, the existing building.
14. The developer ensuring there is a 1.5 m (4.92 ft) separation distance between the proposed
accessory building and the existing buildings.
15. The developer ensuring the accessory building does not exceed 245.3 m2 (2,640 ftz) in area,
as varied by the Municipal Planning Commission.
16. The developer ensuring the accessory building does not exceed 5.47 m (18 ft) in height, as
varied by the Municipal Planning Commission.
17. The developer ensuring the accessory building walls do not exceed 5.47 m (18 ft.) in height,
as varied by the Municipal Planning Commission.
18. The developer ensuring the proposed accessory building is not used for living purposes.
19. The developer ensuring the proposed accessory building is not used for conducting a
business or commercial operation. A caveat shall be registered on title, at no cost to the
County, ensuring there will be no commercial use of this building.
20. The developer addressing, to the satisfaction of the Town of Brooks, any concerns put
forward by the Town of Brooks, pertaining to the existing approach and/or access or other
matters deemed pertinent.
Carried.
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7. Development Permits
1. Permit # 2559 -Plan 8210258, Block 3, Lot 13 -Division 1
Hirch, Dorothy & Lethbridge, Victor (Owners), Hirch, Dorothy (Applicant)
Oversized Accessorv Building
Owner/Applicant Dorothy Hirch was in attendance to provide information on this application.
Moved by Councillor Musgrove that we classify this use as an "Accessory Building" being a
permitted use within the HSF -Hamlet Single Family Residential District and that we grant
approval for Development Permit Application #2559 for the development of an oversized
accessory building, for the purposes of general storage, on Plan 8210258, Block 3, Lot 13,
granting the following variances:
a) .89 m (2.9 ft) to Section 56.6(4) for overall height,
b) 2.1 m (6.9 ft) to Section 56.6(4) for overall height of loft area, and
c) 34.37mz (370 ft2) to Section 56.6(5) for overall area
where the following are required prior to commencement of construction and issuance of this
permit:
1. 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.
2. The developer entering into an agreement with the County of Newell for the installation
and/or upgrade of any required road approaches to the parcel.
September 30, 2003 Municipal Planning Commission Page 95
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And subject to the following conditions:
1. The proposed development complying with all Federal, Provincial and Municipal statutes,
regulations, codes and standards.
2. The proposed development complying with the provisions of Section 56 of Land Use Bylaw __
#1004-90 pertaining to the HSF -Hamlet Single Family Residential District.
3. The developer ensuring the following setbacks are maintained for the proposed
development:
Front Side Rear
*7.5 m **1.5 m **3 m
* Minimum distance to be maintained from the subdivision streets or service roads
** Minimum distance to be maintained from property lines
4. The proposed development complying with the Alberta Building Code where applicable.
5. The developer ensuring the property is maintained to the satisfaction of the Development
Officer.
6. The developer ensuring this development is located as shown on the site plan submitted on
September 15, 2003, any changes to that plan shall require the written approval of the
Development Officer.
7. This permit is being granted only for the construction of an accessory building, with a loft,
for general storage on Plan 8210258 Block 3 Lot 13, any additional development shall
require prior approval of a separate permit application.
8. The developer ensuring the site is graded so that storm water does not drain onto adjoining
properties.
9. The developer ensuring there is proper and legal access provided to the property.
10. The developer ensuring there is proper disposal of sewage and waste from this use.
11. The developer being responsible for all costs associated with the modification of water and
sewer services to provide service to the dwelling. All this work shall be to the satisfaction
of the Hamlet Advisory Committee. The developer shall contact, Rolling Hills Advisory
Committee, prior to backfilling, to review all connections. 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.
12. The developer ensuring the property is maintained to the satisfaction of the Development
Officer.
13. The developer ensuring construction materials, supplies and equipment are stored on the
property and not on the public roadway.
14. The developer ensuring the continuous clean up of construction debris tracked onto the
public roadway where access is provided to the property.
15. The developer ensuring the accessory building is consistent with the purpose of the land use
district and that the design, character and appearance of the proposed building is compatible
with other buildings in the vicinity.
16. The developer ensuring the accessory building does not exceed 100.3 mz (1,080 ft2) as varied
by the Municipal Planning Commission.
17. The developer ensuring the accessory building does not exceed 4.57 m (15 ft) in height and
6.1 m (20 ft) in height for the loft area, as varied by the Municipal Planning Commission.
18. The developer ensuring the proposed accessory building is not used for living purposes.
19. The developer ensuring the proposed accessory building is not used for conducting a
business or commercial operation.
Carried.
September 30, 2003 Municipal Planning Commission Page 96 -
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Recess
~ The Commission recessed from 11:00 a.m. to 11:10 a.m.
Business from Minutes (cont'd)
4. Proposal to Increase Fines
Moved by Councillor Musgrove that we recommend to Council approval of the fee schedule as
presented excluding bullet "L" regarding fines and penalties. Carried.
8. Council & S.D.A.B. Report
The Chairman gave this report.
9. Development Report -August 13, 2003 to September 23, 2003
Moved by B. M°Kellar that we accept the Development Report. Carried.
10. Correspondence
There were no Correspondence items.
Development Permits (cont'd)
2. Permit #2552 - Pt SW 19-17-12-W4 -Division 2
Shanks, William & Ruth (Owners) and Shanks, William (Applicant)
Replace Existing Residence with Dwelling Unit
Moved by R. Steinbach that we classify this use as a "Dwelling Unit" being a discretionary use
within the OF -Urban Fringe District and that we grant approval to Development Permit
Application #2552 for a dwelling unit, for agricultural purposes, to be located within a portion
of the SW 19-17-12-W4, where the following are required prior to commencement of
construction and issuance of this permit:
1. 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.
2. The developer entering into a Rural Water Use Purposes Agreement with the Eastern
Irrigation District and providing evidence of this agreement.
3. The developer entering into an agreement with the County of Newell for the installation
and/or upgrade of any required road approaches to the parcel.
And subject to the following conditions:
September 30, 2003 Municipal Planning Commission Page 97
CJ"
1. The proposed development complying with all Federal, Provincial and Municipal statutes,
regulations, codes and standards.
2. The proposed development complying with the provisions of Section 50 of Land Use Bylaw
#1004-90 pertaining to the OF -Urban Fringe District.
3. The developer ensuring the following setbacks are maintained for the proposed
development:
Front Side Rear
*40 m **3 m **3 m
* Minimum distance to be maintained from the centreline ofpublic roadways or secondary
highways
** Minimum distance to be maintained from property lines
4. The proposed development complying with the Alberta Building Code where applicable.
5. The developer obtaining all other required permits including electrical, heating &
ventilation, gas and plumbing from an accredited inspection agency and providing copies
of the applicable permits to the Development Officer prior to the commencement of
construction.
6. The developer ensuring the property is maintained to the satisfaction of the Development
Officer.
7. The developer ensuring construction materials, supplies and equipment are stored on the
property and not on the public roadway.
8. The developer ensuring the continuous clean up of construction debris tracked onto the
public roadway where access is provided to the property.
9. The developer ensuring this development is located as shown on the site plan submitted on
August 28, 2003, any changes to that plan shall require the written approval of the
Development Officer.
10. This permit is being granted only for the development of a ready to move dwelling unit, for
agricultural purposes, on lands legally described as Pt SW 19-17-12-W4, any additional
development shall require prior approval of a separate permit application.
11. The developer ensuring there is proper and legal access provided to the property.
12. The developer ensuring there is proper disposal of sewage and waste from this use.
13. The developer ensuring an adequate supply of water is provided for this use.
14. There being no objections received from the Village of Tilley.
Carried.
3. Permit #2553 - Pt NW 5-19-15-W4 -Division 5
Cassils Community Club (Owner), Hemle, Crystal (Applicant)
Construction of Outdoor Camp Kitchen
Moved by Councillor Musgrove that we classify this use as a "Public and Quasi Public Building"
being a discretionary use within the A -Agricultural District and that we grant approval to
Development Permit Application #2553 for the construction of an outdoor camp kitchen, to be
located within a portion of the NW 5-19-15-W4, where the following are required prior to the
issuance of this permit:
1. 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.
September 30, 2003 Municipal Planning Commission Page 98 "`
~° ~j
2. The developer entering into an agreement with the County of Newell for the installation
and/or upgrade of any required road approaches to the parcel.
,~- And subject to the following conditions:
1. The proposed development complying with all Federal, Provincial and Municipal statutes,
regulations, codes and standards.
2. The proposed development complying with the provisions of Section 49 of Land Use Bylaw
#1004-90 pertaining to the A -Agricultural District.
3. The developer ensuring the following setbacks are maintained for the proposed
development:
Front Side Rear
*40 m **3 m **3 m
* Minimum distance to be maintained from the centreline of public roadways or secondary
highways
** Minimum distance to be maintained from property lines.
4. The proposed development complying with the Alberta Building Code where applicable.
5. The developer ensuring the property is maintained to the satisfaction of the Development
Officer.
6. The developer ensuring construction materials, supplies and equipment are stored on the
property and not on the public roadway.
7. The developer ensuring the continuous clean up of construction debris tracked onto the
public roadway where access is provided to the property.
8. The developer ensuring this development is located as shown on the site plan submitted on
September 2, 2003, any changes to that plan shall require the written approval of the
Development Officer.
,~-- 9. This permit is being granted only for the development of an outdoor camp kitchen on lands
legally described as Pt NW 5-19-15-W4, any additional development shall require prior
approval of a separate permit application.
10. The developer ensuring there is a 1.5 m (4.92 ft) separation distance between the proposed
building and the existing building.
11. The developer ensuring adequate parking space is available for this use.
12. The developer ensuring all outdoor garbage containers are covered and screened from the
public roadways.
Carried.
4. Permit #2555 -Plan 5280 FK, Block 6, S '/z Lots 1 & 2 -Division 1
Hemsing, Darcy & Carol (Owners), Hemsing, Carol (Applicant)
Construction of House Addition
Moved by B. M°Kellar that we classify this use as a "Dwelling Unit" being a permitted use
within the HR -Hamlet Residential District and that approval be granted for Development
Permit Application #2555 for the construction of a house addition with attached garage on Plan
5280 FK, Block 6, S 'h Lots 1 and 2, granting the following variance:
a) 1.5 m (4.92 ft.) to Section 57.4 Side Yard Setback between Lots 1 and 2
where the following are required prior to commencement of construction and issuance of this
permit:
September 30, 2003 Municipal Planning Commission Page 99
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1. 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.
2. The developer entering into an agreement with the County of Newell for the installation
and/or upgrade of any required road approaches to the parcel.
And subject to the following conditions:
1. The proposed development complying with all Federal, Provincial and Municipal statutes,
regulations, codes and standards.
2. The proposed development complying with the provisions of Section 57 of Land Use Bylaw
# 1004-90 pertaining to the HR -Hamlet Residential District.
3. The developer ensuring the following setbacks are maintained for the proposed
development:
Flankage Side Rear
*7.5 m **1.Sm **3 m
*Minimum distance to be maintained from subdivision streets or service roads
** Minimum distance to be maintained from property lines
4. The proposed development complying with the Alberta Building Code where applicable.
5. The developer obtaining all other required permits including electrical, heating &
ventilation, gas and plumbing from an accredited inspection agency and providing copies
of the applicable permits to the Development Officer prior to the commencement of
construction.
6. The developer ensuring the property is maintained to the satisfaction of the Development
Officer.
7. The developer ensuring construction materials, supplies and equipment are stored on the
property and not on the public roadway.
8. The developer ensuring the continuous clean up of construction debris tracked onto the
public roadway where access is provided to the property.
9. The developer ensuring this development is located as shown on the site plan submitted on
September 9, 2003, any changes to that plan shall require the written approval of the
Development Officer.
10. This permit is being granted only for the development of an addition to the existing
residence, which includes an attached garage, on Plan 5280 FK, Block 6, S 1/z Lots 1 & 2,
any additional development shall require prior approval of a separate permit application.
11. The developer ensuring there is proper and legal access provided to the property.
12. The developer ensuring an adequate supply of water is provided for this use.
13. The developer being responsible for all costs associated with the modification of water and
sewer services to provide service to the dwelling. All this work shall be to the satisfaction
of the Hamlet Advisory Committee. The developer shall contact, Rolling Hills Advisory
Committee, prior to backfilling, to review all connections. The developer shall also be
responsible for the restoration of the street, to the satisfaction ofthe Superintendent of Public
Works, when these services are installed.
14. The developer ensuring there is proper disposal of sewage and waste from this use.
15. The developer ensuring the site is graded so that storm water does not drain onto adjoining
properties.
16. The developer ensuring the exterior of the proposed addition is finished of materials the
same as, or consistent with, the existing building.
17. The developer ensuring the property is not used for conducting a business or commercial
operation.
September 30, 2003 Municipal Planning Commission Page 100
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18. The developer ensuring the existing accessory building is removed upon occupancy of the
new building, not later than one year from the date of approval.
'~ 19. There being no objections received from the Rolling Hills Hamlet Advisory Committee.
Carried.
5. Permit #2556 - Pt SE 6-21-18-W4 -Division 6
Evans, Barry & Marion (Owners), Evans, Barry (Applicant)
Construction of Dwelling
Moved by R. Steinbach that we classify this use as a "Dwelling Unit" being a discretionary use
within the OF -Urban Fringe District and that we grant approval to Development Permit
Application #2556 for the construction of an agricultural residence, to be located within a
portion of the SE 6-21-18-W4, where the following are required prior to the issuance of this
permit:
1. 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.
2. The developer entering into an agreement with the County of Newell for the installation
and/or upgrade of any required road approaches to the parcel.
And subject to the following conditions:
1. The proposed development complying with all Federal, Provincial and Municipal statutes,
regulations, codes and standards.
2. The proposed development complying with the provisions of Section 50 of Land Use Bylaw
#1004-90 pertaining to the OF -Urban Fringe District.
~.... 3. The developer ensuring the following setbacks are maintained for the proposed
development:
Front Side Rear
*40 m **3 m **3 m
* Minimum distance to be maintained from the centreline of public roadways or secondary
highways
** Minimum distance to be maintained from property lines
4. The proposed development complying with the Alberta Building Code where applicable.
5. The developer obtaining all other required permits including electrical, heating &
ventilation, gas and plumbing from an accredited inspection agency and providing copies
of the applicable permits to the Development Officer prior to the commencement of
construction.
6. The developer ensuring the property is maintained to the satisfaction of the Development
Officer.
7. The developer ensuring construction materials, supplies and equipment are stored on the
property and not on the public roadway.
8. The developer ensuring the continuous clean up of construction debris tracked onto the
public roadway where access is provided to the property.
9. The developer ensuring this development is located as shown on the site plan submitted on
September 10, 2003, any changes to that plan shall require the written approval of the
Development Officer.
September 30, 2003 Municipal Planning Commission Page 101
10. This permit is being granted only for the development of dwelling unit, for agricultural
purposes, on lands legally described as Pt SE 6-21-18-W4, any additional development shall
require prior approval of a separate permit application.
11. The developer ensuring there is proper and legal access provided to the property. _.
12. The developer ensuring there is proper disposal of sewage and waste from this use.
13. The developer ensuring an adequate supply of water is provided for this use.
14. There being no objections received from the Agricultural Service Board.
Carried.
6. Permit #2557 - NE 10-15-15-W4 -Division 4
C.O. Johnson & Sons Ranches Ltd. (Owner), Johnson, Blaine (Applicant)
Construction of Dwelling and Removal of Existing Residence
Moved by B. M`Kellar that we classify this use as a "Dwelling Unit" being a discretionary use
within the A -Agricultural District and that we grant approval for Development Permit
Application #2557 for the construction of an agricultural residence, to be located within the NE
10-15-15-W4, where the following are required prior to commencement of construction and
issuance of this permit:
1. 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.
2. The developer entering into a Rural Water Use Purposes Agreement with the Eastern
Irrigation District and providing evidence of this agreement.
3. The developer providing the County of Newell with a copy of an approved Roadside
Development Permit issued by Alberta Transportation.
And subject to the following conditions:
1. The proposed development complying with all Federal, Provincial and Municipal statutes,
regulations, codes and standards.
2. The proposed development complying with the provisions of Section 49 of Land Use Bylaw
#1004-90 pertaining to the A -Agricultural District.
3. The developer ensuring the following setbacks are maintained for the proposed
development:
Front Side Rear
*40 m **3 m **3 m
* Minimum distance to be maintained from the centreline of public roadways or secondary
highways
** Minimum distance to be maintained from property lines
4. The proposed development complying with the Alberta Building Code where applicable.
5. The developer obtaining all other required permits including electrical, heating &
ventilation, gas and plumbing from an accredited inspection agency and providing copies
of the applicable permits to the Development Officer prior to the commencement of
construction.
6. The developer ensuring the property is maintained to the satisfaction of the Development
Officer.
7. The developer ensuring construction materials, supplies and equipment are stored on the
property and not on the public roadway.
September 30, 2003 Municipal Planning Commission Page 102 -~
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8. The developer ensuring the continuous clean up of construction debris tracked onto the
public roadway where access is provided to the property.
~ 9. The developer ensuring this development is located as shown on the site plan submitted on
September 10, 2003, any changes to that plan shall require the written approval of the
Development Officer.
10. This permit is being granted only for the development of an agricultural residence within the
NE 10-15-15-W4, any additional development shall require prior approval of a separate
permit application.
11. The developer ensuring there is proper and legal access provided to the property.
12. The developer ensuring there is proper disposal of sewage and waste from this use.
13. The developer ensuring an adequate supply of water is provided for this use.
14. The developer addressing, to the satisfaction of Alberta Transportation, any conditions
and/or concerns put forward by Alberta Transportation.
15. The developer ensuring the existing residence is removed upon occupancy of the new
building, not later than one year from the date of the permit approval.
16. The developer ensuring the proposed development does not encroach onto Irrigation Right-
of-Way Plan IRR. 1025 EF.
Carried.
7. Permit #2558 -Plan 8311352, Block 1, Lot 1 (NE 5-20-14-W4) -Division 8
McColm, Allan & Frances (Owners), McColm, Fran (Applicant)
Construction of Oversized Accessory Building,
~- Moved by B. M°Kellar that we classify this use as an "Accessory Building" being a permitted
use within the CR -Country Residential District and that approval be granted for Development
Permit Application #2558 for the construction of an oversized accessory building on Plan
8311352, Block 1, Lot 1 (within NE 5-20-14-W4), granting the following variances:
a) .26 m (.9 ft) to Section 51.7(3) for overall height,
b) .OS m (.2 ft) to Section 51.7(4) for wall height and;
c) 19 m2 (204 ftz) to Section 51.7(5) for overall area
where the following are required prior to commencement of construction and issuance of this
permit:
1. 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.
2. The developer entering into an agreement with the County of Newell for the installation
and/or upgrade of any required road approaches to the parcel.
3. The developer providing the County of Newell with a copy of an approved Roadside
Development Permit issued by Alberta Transportation.
And subject to the following conditions:
1. The proposed development complying with all Federal, Provincial and Municipal statutes,
regulations, codes and standards.
2. The proposed development complying with the provisions of Section 51 of Land Use Bylaw
#1004-90 pertaining to the CR -Country Residential District.
3. The developer ensuring the following setbacks are maintained for the proposed
development:
September 30, 2003 Municipal Planning Commission Page 103
C/~
Front Flankage Side Rear
*7.5 m **40 m ***3 m ***7.5 m
* Minimum distance to be maintained from subdivision streets or service roads
** Minimum distance to be maintained from the centreline of public roadways or
secondary highways
*** Minimum distance to be maintained from property lines
4. The proposed development complying with the Alberta Building Code where applicable.
5. The developer obtaining all other required permits including electrical, heating &
ventilation, gas and plumbing from an accredited inspection agency and providing copies
of the applicable permits to the Development Officer prior to the commencement of
construction.
6. The developer ensuring the property is maintained to the satisfaction of the Development
Officer.
7. The developer ensuring construction materials, supplies and equipment are stored on the
property and not on the public roadway.
8. The developer ensuring the continuous clean up of construction debris tracked onto the
public roadway where access is provided to the property.
9. The developer ensuring this development is located as shown on the site plan submitted on
September 12, 2003, any changes to that plan shall require the written approval of the
Development Officer.
10. This permit is being granted only for the development of an oversized accessory building,
for the purposes of vehicular and general storage, on Plan 8311352, Block 1, Lot 1 (within
NE 5-20-14-W4), any additional development shall require prior approval of a separate
permit application.
11. The developer ensuring there is proper and legal access provided to the property.
12. The developer ensuring the design, character and appearance of the proposed building is
consistent with other buildings in the vicinity.
13. The developer ensuring the exterior of the proposed building is finished of materials the
same as, or consistent with, the existing building.
14. The developer ensuring there is a 1.5 m (4.92 ft) separation distance between the proposed
accessory building and the existing buildings.
15. The developer ensuring the accessory building does not exceed 119 mZ (1,280 ftz) in area,
as varied by the Municipal Planning Commission.
16. The developer ensuring the accessory building does not exceed 4.26 m (14 ft) in height, as
varied by the Municipal Planning Commission.
17. The developer ensuring the accessory building walls do not exceed 3.05 m (10 ft.) in height,
as varied by the Municipal Planning Commission.
18. The developer ensuring the proposed accessory building is not used for living purposes.
19. The developer ensuring the proposed accessory building is not used for conducting a
business or commercial operation.
20. The developer addressing, to the satisfaction of Alberta Transportation, any conditions
and/or concerns put forward by Alberta Transportation.
21. The developer ensuring the existing accessory building is removed not later than one year
from the date of approval.
Carried.
September 30, 2003
Municipal Planning Commission
Page 104
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8. Permits #2560 & $2561 - SE 18-19-14-W4 -Division 10
Reesor, Alan J. & Peggie, Barbara (Owners), Reesor, Alan (Applicant)
~-- Agricultural Operation (25601 and Construction of Dwelling (2561)
This item was referred to later in the meeting to allow the Development Officer the opportunity
of obtain more information.
Lunch
The Commission recessed for lunch from 11:55 a.m. to 1:35 p.m.
11. Home Occupation Permits
1. Permit #03-149 -Plan 9512595, Block 1, Lot 1 (SW 9-19-14-W4) -Division 10
Schmidt. Corrine -General Contractor -Carpentry and/or Renovation Services
Moved by R. Steinbach that we classify this use as a "Home Occupation" being a discretionary
use within the Urban Fringe District and that we grant approval to Home Occupation Permit
#03-149, for a General Contractor, being general carpentry and renovation services, to be
operated from Plan 9512595, Block 1, Lot 1 (within SW 9-19-14-W4), where the following is
required prior to the issuance of this permit:
1. The developer providing the County of Newell with a copy of an approved Roadside
,.- Development Permit issued by Alberta Transportation.
And subject to the following conditions:
1. This use complying with all Federal, Provincial and Municipal statutes, regulations, codes
and standards.
2. This use not affecting the residential use of the property or adjacent properties and area.
3. The total number of off-site employees, not including the occupants of the residence
involved with the said occupation, not exceeding two.
4. The developer ensuring that no more than three commercial vehicles, as indicated in this
proposal, be permitted in connection with the proposed home occupation. No other
commercial vehicles shall be permitted.
5. The applicant ensuring there is no advertising or display of produce being permitted on the
property except for one indirectly illuminated sign of 1 mz placed flat against the building
or fence.
6. The applicant ensuring there is no outside storage of goods or materials related to this home
occupation.
7. The applicant ensuring no noise, vibration, smoke, dust or odours, which may affect
adjacent landowners or development, are created from this home occupation.
8. This permit being valid until December 31, 2004, at which time it maybe either revoked or
renewed by the Development Authority.
9. The developer addressing, to the satisfaction of Alberta Transportation, any conditions
and/or concerns put forward by Alberta Transportation.
Carried.
,.^
September 30, 2003 Municipal Planning Commission Page 105
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DeveloRment Permits (cont'd)
Permits #2560 & #2561 - SE 18-19-14-W4 -Division 10
Reesor, Alan J. & Peggie, Barbara (Owners), Reesor, Alan (Applicant)
~ricultural Operation (2560) and Construction of Dwelling (2561) (cont'd)
Permit #2560
Moved by Councillor Musgrove that we classify this use as an "Agricultural Operation "being
a permitted use within the A -Agricultural District and that we grant approval for Development
Permit Application #2560 for the operation of a Horticultural Operation, being a greenhouse
with office, to be located on lands legally described as Pt SE 18-19-14-W4, where the following
are required prior to issuance of this permit:
1. The developer entering into a Rural Water Use Purposes Agreement with the Eastern
Irrigation District and providing evidence of this agreement.
2. The developer providing the County of Newell with a copy of an approved Roadside
Development Permit issued by Alberta Transportation.
3. The developer entering into an agreement with the County of Newell for the installation
and/or upgrade of any required road approaches to the parcel.
And subject to the following conditions:
1. The proposed development complying with all Federal, Provincial and Municipal statutes,
regulations, codes and standards.
2. The proposed development complying with the provisions of Section 49 of Land Use Bylaw
#1004-90 pertaining to the A -Agricultural District.
3. The developer ensuring the following setbacks are maintained for the proposed
development:
Front Flankage Side Rear
*40 m * 40 m **3 m **3 m
* Minimum distance to be maintained from the centreline of public roadways or secondary
highways
** Minimum distance to be maintained from property lines
4. The proposed development complying with the Alberta Building Code where applicable.
5. The developer ensuring the property is maintained to the satisfaction of the Development
Officer.
6. The developer ensuring this development is located as shown on the site plan submitted on
September 15, 2003, any changes to that plan shall require the written approval of the
Development Officer.
7. This permit is being granted only for the existing horticultural operation, which includes two
greenhouses and an office, within Pt SE 18-19-14-W4, any additional development shall
require prior approval of a separate permit application.
8. The developer ensuring the site is graded so that storm water does not drain onto adjoining
properties.
9. The developer ensuring an adequate supply of water is provided for this use.
10. The developer ensuring the property is maintained to the satisfaction of the Development
Officer.
11. The developer ensuring there is proper and legal access provided to the property.
September 30, 2003 Municipal Planning Commission
Page 106
12. The developer ensuring all outdoor garbage containers are covered and screened from the
public roadways.
13. The developer ensuring adequate parking space is available for this use.
14. The developer addressing, to the satisfaction of Alberta Transportation, any conditions
and/or concerns put forward by Alberta Transportation.
15. There being no objections received from the Town of Brooks.
Carried.
Permit #2561
Moved by B. M°Kellar that we classify this use as a "Dwelling Unit" being a discretionary use
within the A -Agricultural District and that we grant approval to Development Permit
Application #2561 for the construction of an agricultural residence, to be located on lands
legally described as Pt SE 18-19-14-W4, where the following are required prior to
commencement of construction and issuance of this permit:
1. 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.
2. The developer providing the County of Newell with a copy of an approved Roadside
Development Permit issued by Alberta Transportation.
3. The developer entering into a Rural Water Use Purposes Agreement with the Eastern
Irrigation District and providing evidence of this agreement.
And subject to the following conditions:
1. The proposed development complying with all Federal, Provincial and Municipal statutes,
,~-- regulations, codes and standards.
2. The proposed development complying with the provisions of Section 49 of Land Use Bylaw
#1004-90 pertaining to the A -Agricultural District.
3. The developer ensuring the following setbacks are maintained for the proposed
development:
Front Side Flankage Rear
*40 m **3 m * 40 m **7.5 m
* Minimum distance to be maintained from the centreline of public roadways or secondary
highways
** Minimum distance to be maintained from property lines
4. The proposed development complying with the Alberta Building Code where applicable.
5. The developer obtaining all other required permits including electrical, heating &
ventilation, gas and plumbing from an accredited inspection agency and providing copies
of the applicable permits to the Development Officer prior to the commencement of
construction.
6. The developer ensuring an adequate supply of water is provided for this use.
7. The developer ensuring there is proper and legal access provided to the property.
8. The developer ensuring there is proper disposal of sewage and waste from this use.
9. The developer ensuring construction materials, supplies and equipment are stored on the
property and not on the public roadway.
10. The developer ensuring the continuous clean up of construction debris tracked onto the
public roadway where access is provided to the property.
September 30, 2003 Municipal Planning Commission Page 107
V
11. The developer ensuring this development is located as shown on the site plan submitted on
September 15, 2003, any changes to that plan shall require the written approval of the
Development Officer.
12. This permit is being granted only for the development of a dwelling unit, for the purposes _. .
of an agricultural residence, on lands legally described as Pt SW 18-19-14-W4, any
additional development shall require prior approval of a separate permit application.
13. The developer ensuring there is a 1.5 m (4.92 ft) separation distance between the proposed
building and the existing buildings.
14. The developer ensuring the property is maintained to the satisfaction of the Development
Officer.
15. There being no objections received from the Town of Brooks.
16. There being no objections received from the Eastern Irrigation District.
17. There being no objections received from the Agricultural Service Board.
18. The developer addressing, to the satisfaction of Alberta Transportation, any conditions
and/or concerns put forward by Alberta Transportation.
Carried.
12. Land Use Changes
1. 03 LUA 007 - Pt SE 13-23-17-W4 -Division 9
Eastern Irrigation District (Owner/Applicant)
From A - Agricultural District to P-WTS -Public Waste Transfer Site District
Moved by B. M`Kellar that we recommend to Council that consideration be given to a bylaw to
redesignate a portion of the SE 13-23-17-W4 from A -Agricultural District to P-WTS -Public
Waste Transfer Site District. Carried.
2. 03 LUA 008 - Pt SE 3-16-16-W4 -Division 4
Eastern Irrigation District (Owner/Applicant)
From A - Agricultural District to P-WTS -Public Waste Transfer Site District
Moved by R. Steinbach that we recommend to Council that consideration be given to a bylaw
to redesignate a portion of the SE 3-16-16-W4 from A -Agricultural District to P-WTS -Public
Waste Transfer Site District. Carried.
13. Subdivisions
1. 03 NL 010 - Pt SE 13-23-17-W4 -Division 9
Eastern Irrigation District (Owner/Applicant)
Subdivision of Proposed P-WTS -Public Waste Transfer Site District
Moved by B. M`Kellar that we recommend to Council approval of Subdivision Application 03
NL 010 for a P-WTS -Public Waste Transfer Site District to be located within a portion of the
SE 13-23-17-W4 subject to the following conditions:
September 30, 2003 Municipal Planning Commission Page 108 --
1. All oil and gas company leases, rights-of--way and Board Orders being carried forward when
the subdivision mylar is registered at Land Titles Office.
"~ 2. The applicant providing easements to franchise utilities for services to the proposed and
remnant parcels. The applicant may be responsible for the costs associated with the
installation, removal or modification of services.
3. The applicant entering into an agreement with the County of Newell for the installation of
any required road approaches to the proposed and/or remnant parcels.
4. The applicant meeting all the requirements of the Eastern Irrigation District with respect to
the conveyance of water, as well as easements.
5. The applicant entering into a Rural Water Use Purposes Agreement with the Eastern
Irrigation District and providing evidence of this agreement.
6. The applicant erecting an 8-foot high chain-link fence around the subdivided area to impede
cattle from entering the site and to contain debris on site.
7. All outstanding municipal taxes being paid prior to endorsement.
Ca rried.
2. 03 NL 011 - Pt SE 3-16-16-W4 -Division 4
Eastern Irrigation District (Owner/Applicant)
Subdivision of Proposed P-WTS -Public Waste Transfer Site District
Moved by Councillor Musgrove that we recommend to Council approval of Subdivision
Application 03 NL 011 for a P-WTS -Public Waste Transfer Site District to be located within
a portion of the SE 3-16-16-W4 subject to the following conditions:
,.-. 1. All oil and gas company leases, rights-of--way and Board Orders being carried forward when
the subdivision mylar is registered at Land Titles Office.
2. The applicant providing easements to franchise utilities for services to the proposed and
remnant parcels. The applicant may be responsible for the costs associated with the
installation, removal or modification of services.
3. The applicant entering into an agreement with the County of Newell for the installation of
any required road approaches to the proposed and/or remnant parcels.
4. The applicant meeting all the requirements of the Eastern Irrigation District with respect to
the conveyance of water, as well as easements.
5. The applicant entering into a Rural Water Use Purposes Agreement with the Eastern
Irrigation District and providing evidence of this agreement.
6. The applicant erecting an 8-foot high chain-link fence around the subdivided area to impede
cattle from entering the site and to contain debris on site.
7. All outstanding municipal taxes being paid prior to endorsement.
Carried.
14. Other Business
1. Draft Area Structure Plans by EBA
The Planner requested clarification on some items of concern that were expressed by EBA
regarding the Draft Area Structure Plans.
September 30, 2003 Municipal Planning Commission Page 109
2. Revised SW Area Structure Plan for the Town of Brooks
This item was referred to the Municipal Committee for their review.
3. Request for Extension on Subdivision Case 94 SE 59
Moved by Councillor Musgrove that we deny the request of Harvey Yanke for an extension on
Subdivision 94 SE 59. Carried.
15. Post Agenda Items
1. Town of Brooks -Response to Draft LUB and MDP
A letter from the Town of Brooks responding to our draft Land Use Bylaw and Municipal
Development Plan was circulated to the Commission as information.
2. Permit #2470 - Pt NW 21-20-14-W4 -Division 8
Torkelson, Alan (Owner/Applicant)
Temporary Storage`of Mobile Home
Moved by B. M`Kellar that we deny the request of Alan Torkelson for a change of location for
the temporary storage of a mobile home. Carried.
3. MPC Retreat
A discussion was held on possibilities for the next MPC Retreat.
4. Planning Courses
Planning Courses were discussed.
16. Question Period
A question period was held.
17. Information Items
There were no information items.
September 30, 2003 Municipal Planning Commission Page 110
18. Adiourn
~ The Chairman declared the meeting adjourned at 2:50 p.m.
C° ~«~~~
CHAIRMAN
ADMINISTRATOR
September 30, 2003 Municipal Planning Commission Page 111