HomeMy WebLinkAbout2003-11-04 Municipal Planning Commission (Regular) MinutesC~
County of Newell No. 4
Minutes of Municipal Planning Commission Meeting
~ November 4, 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, November 4, 2003 commencing at 9:55 a.m.
Members Present Chairman C. Baksa
Councillors G. Musgrove
E. Moss
Members B. M°Kellar
R. Steinbach
Planner T. Henry
Development Officer P. Urban
Administrator A. Martens
Recording Secretary P. Garrett
1. Call to Order
The Administrator called the meeting to order at 9:55 a.m.
2. Nomination/Volunteer & Election of Chairman
The Administration called for nominations, or volunteers, for the position of Chairman.
Councillor Musgrove nominated Councillor Baksa. Moved by Councillor Moss that nominations
cease. Carried. Councillor Baksa was declared Chairman and assumed the chair.
3. Nomination/Volunteer & Election of Vice Chairman
The Chairman called for nominations, or volunteers, for the position of Vice Chairman.
Councillor Moss nominated Councillor Musgrove. Moved by R. Steinbach that nominations
cease. Carried. Councillor Musgrove was declared Vice Chairman.
4. Excused from Meeting
All members were in attendance at this meeting.
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5. Minutes
1. September 30.2003
Minutes of the September 30, 2003 meeting were presented to the Commission. Moved by R.
Steinbach that we adopt these minutes as presented. Carried.
6. Call for Post Agenda Items
The Chairman called for post agenda items.
7. Adoption of A eg nda
Moved by Councillor Musgrove that the agenda be adopted as amended. Carried.
8. Business from Minutes
There were no Business from Minutes items.
9. Council & S.D.A.B. Report
The Chairman gave this report.
10. Post A eg nda
1. November Meeting Date
Moved by Councillor Musgrove that the November 25`'' Municipal Planning Commission
meeting be changed to November 28, 2003. Carried.
11. Development Report -September 24, 2003 to October 21, 2003
Moved by B. M°Kellar that we accept the Development Report. Carved.
12. Correspondence
There were no Correspondence items.
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13. Development Permits
'~ 1. Permit # 2566 - NE 31-20-14-W4 -Division 8
Cooper, Arthur and Elsie (Owners), Cooper, Elsie (Applicant)
Variance to Land Use Bylaw -Rear Yard Setback
Moved by Councillor Moss that we postpone making a decision on this application until all the
required agreements are prepared and registered onto the Certificates of Title. Carried.
2. Permit #2568 -Plan 8010762, Block 1, Lot 3 (NW 12-21-18-W4) -Division 6
Phillips, Mike and Tara (Owners). Phillips, Tara (Applicant)
Replacement of Existing Mobile Home and Re-attachment of Existing Addition
Moved by B. M`Kellar that we classify this use as a "Mobile Home" which is a discretionary use
within the CR -Country Residential District and that we approve Development Permit
Application #2568 for the placement of a mobile home with an addition, for the purpose of a
residence, on Plan 8010762, Block 1, Lot 3 (within the NW 12-21-18-W4) where the following
are required prior to commencement of construction and issuance of this permit:
a) 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.
b) 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,
r 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 Flankage Rear
*7.5 m *7.5 m **7.5 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.
6. The developer ensuring there is proper disposal of sewage and waste from this use.
7. The developer ensuring an adequate supply of water is provided for this use.
8. The developer ensuring the property is maintained to the satisfaction of the Development
Officer.
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.
11. The developer ensuring this development is located as shown on the site plan submitted on
October 9, 2003, any changes to that plan shall require the written approval of the
Development Officer.
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12. This permit is being granted only for the development of mobile home with addition, on Plan
8010762, Block 1, Lot 3 (within the NW 12-21-18-W4), any additional development shall
require prior approval of a separate permit application.
13. The developer ensuring the exterior of the existing addition is sided with materials the same
as, or consistent with, the exterior finish of the mobile home.
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 existing mobile home is removed upon occupancy of the new
building, not later than six months from the date of approval.
Carried.
3. Permit #2570 - NW 21-20-15-W4 -Division 7
Rutschmann, Troy (Owner), Rutschmann, Laurie (Applicant)
New Agricultural Residence
Moved by B. M`Kellar that we classify this use as a "Dwelling Unit" being a discretionary use
withinthe A -Agricultural District and that we approve Development Permit Application #2570
for the construction of an agricultural residence, to be located within the NW 21-20-15-W4,
where the following are required prior to commencement of construction and issuance of this
permit:
a) 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.
b) The developer entering into a Rural Water Use Purposes Agreement with the Eastern
Irrigation District and providing evidence of this agreement.
c) 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 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.
November 4, 2003 Municipal Planning Commission Page 115
9. The developer ensuring this development is located as shown on the site plan submitted on
October 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
NW 21-20-15-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 ensuring the existing residence is removed upon occupancy of the new
building, not later than one year from the date of the permit approval.
15. The developer ensuring the proposed development maintains the required separation distance
from the Eastern Irrigation Districts Pipeline Right-of--Way Plan 021 1114, located to the east
of the property.
Carried.
4. Permit #2571 - NE 12-21-14-W4 -Division 8
611876 Alberta Ltd. (Owner), Hitchcock, Randy (Applicant)
Temporary Placement of Mobile Home for Additional Agricultural Residence
Moved by Councillor Moss that we classify this "Temporary Residence" as a "Mobile Home "
being a discretionary use within the A -Agricultural District and that we approve Development
Permit Application #2571 for a temporary residence, being a mobile home, for the purpose of
an agricultural residence, within NE 12-21-14-W4 for a period of three years where the
~"" following are required prior to commencement of construction and issuance of this permit:
a) 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.
b) 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 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.
November 4, 2003 Municipal Planning Commission Page 116
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 a 2002 mobile home, for the
purpose of an additional agricultural residence, within the NE 12-21-14-W4, any additional
development shall require prior approval of a separate permit application.
11. The developer ensuring there is proper disposal of sewage and waste from this use.
12. The developer ensuring an adequate supply of water is provided for this use.
13. The developer ensuring the mobile home is skirted with materials the same as, or consistent
with, the remainder of the building.
14. The developer ensuring the property is not used for conducting a business or commercial
operation.
15. The developer ensuring the mobile home is removed three years from the date of approval
unless renewal has been applied for and granted prior to that date.
Carried.
5. Permit #2573 -Plan 9411176, Unit 66 -Division 5
Wanke, Daniel (Owner), Dreyer, Shawna (Applicant)
Variance to Land Use Bylaw -Rear Yard Setback
Moved by Councillor Moss that we classify this use as an "Addition to a Dwelling Unit" being
a permitted use within the RRl -Resort Residential District and that we approve Development
Permit Application #2573 for the construction of an addition, being an enclosed solarium, to be
located within Plan 9411176, Block 4, Unit 66, granting the following variance:
i) 4.28 m (1.04 ft.) to Section 62.4 Rear Yard Setback Requirement;
and where the following are required prior to commencement of construction and issuance of this
permit:
a) 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.
b) The developer providing the Development Officer a letter from the Lake Newell Resort
Condominium Association, approving this development.
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 62 of Land Use Bylaw
#1004-90 pertaining to the RRl -Resort Residential District.
3. The developer ensuring the following setbacks are maintained for the proposed development:
Front Side Rear
*7.5 m * * 1.5 m * * *3.12 m (As Varied by the Municipal Planning Commission)
* Minimum distance to be maintained from subdivision streets or service roads
* * For Zero lot line subdivisions one side yard may be reduced to zero and the other 3
metres
* * *Minimum distance to be maintained from property lines
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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
October 17, 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 deck enclosure, being an enclosed
solarium, on Plan 9411176 Block 4 Unit 66, any additional development shall require prior
approval of a separate permit application.
11. The developer ensuring the proposed addition is consistent with the purpose of the land use
district and that the design, character and appearance of the proposed addition is compatible
with other buildings in the vicinity.
Carried.
14. Home Occupation Permits
There were no Home Occupation Permit applications.
r
15. Land Use Changes
There were no Land Use Change applications.
16. Subdivisions
1. 03 NL 012 -Plan 0210240, Block 3, Pt. Lot 2 (NE 31-16-15-W4) Division 4
Schulz, Bernhard & Rosel (Owners), Eastern Irrigation District (Applicant)
Subdivision of an Agricultural Parcel
Moved by Councillor Musgrove that we recommend to Council approval of Subdivision 03 NL
012 for the subdivision of an Agricultural Parcel from Plan 0210240, Block 3, Pt. Lot 2 (within
the NE 31-16-15-W4) subject to the following conditions:
1. The parcel being consolidated with IRR 971 DK (once it has been abandoned) and the
remaining titles of NE 31-16-15-W4.
2. 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.
3. 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.
November 4, 2003 Municipal Planning Commission Page 118
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 meeting all requirements of the Eastern Irrigation District with respect to the
conveyance of water as well as easements.
6. The applicant entering into a Rural Water Use Purposes Agreement with the Eastern
Irrigation District and providing evidence of this agreement.
7. All outstanding municipal taxes being paid prior to the endorsement.
Carried.
17. Other Business
1. Advertising of Development Permits for Permitted Uses
A discussion took place on the advertising of development permits for permitted uses. This item
was referred to the next meeting.
Post Agenda Items (cont'd)
2. Update on Unfinished Houses at Lake Newell Reservoir Resort
The Development Control Officer updated the Commission on the Stop Order issued for the
unfinished house located on Plan 9411173, Block 1, Unit 23 at Lake Newell Reservoir Resort.
3. December 31, 2003 Home Occupation Renewals
The Development Control Officer requested clarification on the renewal of Home Occupation
Permits where the land use for the parcel will change with the adoption of the new Land Use
Bylaw.
4. EBA Engineering Consultants Ltd. - Delegation
This delegation will be in attendance during Other Business item 2. Draft Area Structure Plans -
EBA.
18. Question Period
A question period was held. The Planner reviewed the recent changes to the proposed new Land
Use Bylaw.
19. Information Items
There were no information items.
November 4, 2003 Municipal Planning Commission
Page 119
Lunch
'~ The Commission recessed for lunch from 11:48 a.m. to 1:11 p.m.
Other Business (cont'd)
2. Draft Area Structure Plans -EBA
Jamal Ramjohn, EBA Engineering Consultants Ltd. was in attendance for this item. The draft
Area Structure Plans were presented to the Commission and reviewed. Open Houses will be held
on December 10`f' and 11 `h from 7:00 p.m. to 10:00 p.m. with the location to be decided at a later
date.
20. Adjourn
The Chairman declared the meeting adjourned at 2:11 p.m.
C~-~..,
CHAIRMAN
.-~
ADMINISTRATOR
November 4, 2003 Municipal Planning Commission Page 120