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Home My WebLink About2008-08-26 Municipal Planning Commission (Regular) Minutes/^ COUNTY OF NEWELL NO. 4 MUNICIPAL PLANNING COMMISSION MEETING August 26, 2008 The regular Municipal Planning Commission Meeting of the County of Newell No. 4 was held in the County Office at Brooks, AB on Tuesday, August 26, 2008 commencing at 9:59 a.m. MEMBERS PRESENT: W. Daniels, Councillor J. Harbinson, Councillor A. Eastman, Councillor B. De]ong, Councillor H. Wutzke, Councillor A.M. Philipsen, Councillor I. Schroeder, Councillor R. Andrews, Councillor M. Douglass, Councillor B. McKellar, Member S. Swenson, Member STAFF: D. Horvath, Planner - ORRSC B. Keith, Assistant Administrator A. Wickert, Development Control Officer D. Lester, Development Control Clerk OTHERS IN ATTENDANCE: Theresa & Dean Perry, HO #235 & DP 3240 1. CALL TO ORDER The Chairman called the meeting to order at 9:59 a.m. 2. EXCUSED FROM MEETING P-105/08 MOVED BY COUNCILOR ). HARBINSON that Councillor Evans be excused from the meeting. MOTION CARRIED 3. MINUTES a) July 29, 2008 l^ P-106/08 MOVED BY COUNCILLOR I. SCHROEDER that the minutes of the July 29, 2008 Municipal Planning Commission meeting be adopted as presented. MOTION CARRIED ~~~ ~~~1 ~~ 1~L~ - ~ 11 The Chairman called for post agenda items. 5. ADOPTION OF AGENDA P-107/08 MOVED BY COUNCILLOR R. ANDREWS that the agenda be adopted as amended. MOTION CARRIED 6. DEVELOPMENT REPORT - ]ul.Y 22 -AUGUST 20. 2008 P-108/08 MOVED BY COUNCILLOR M. DOUGLASS that the Development Report be accepted. MOTION CARRIED 8. STATUTORY PLANS -NEW & AMENDMENTS a) IMDP Discussion This item will be postponed until after the meeting. 13. DEVELOPMENT PERMITS a) DP #3239 -Lot 2, Block 30, Plan 071 0779, Ptn SW 32-20-14-W4M, Division 8 David Wiens (Owner/Applicant) Installation of a moved-in building and construction of an attached garage The Development Control Officer provided background information on the proposed development permit. The County Planner provided further information indicating that the subdivision of this parcel is currently in the process of being endorsed. She stated that she does not anticipate any problem with the endorsement being completed. The Development Control Officer further explained that she has made this permit temporary to allow the County to recheck that the building is sited properly once the subdivision is finalized. P-109/08 MOVED BY COUNCILLOR B. de ]ONG that the Municipal Planning Commission APPROVE Development Permit #3239 granting a temporary permit for the installation of a single unit dwelling with attached garage, subject to the following conditions: a) This temporary permit is being granted only for the installation of a 1040 ft2 (96.6 mZ) single unit dwelling built in the 1960s, with a 952 ftZ (88.4 m2) attached garage to be added to the dwelling after placement, on lands legally described as Lot 2, Block 30, Plan 071 0779, SW 32-20-14 W4M. Any additional development shall require prior approval of a separate permit application. The proposed development complying with: August 26, 2008 Municipal Planning Commission Page 2 ~~Q r"'~ b) All Federal, Provincial and Municipal statutes, regulations, codes and standards. c) The provisions of Land Use Bylaw #1626-07, and amendments thereto, pertaining to the Country Residential District. d) All Alberta Building Codes where applicable. e) The developer obtaining any required permits, which may include electrical, heating & ventilation, gas and/or plumbing from an accredited inspection agency and providing copies of any permits to the Development Officer. f) 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. g) The developer obtaining and complying with a Private Sewage Disposal System Permit. A copy of this permit must be submitted to the Development Officer. h) The developer obtaining a Roadside Development Permit from Alberta Infrastructure and Transportation. A copy of this permit must be submitted to the Development Officer. The developer ensuring: i) That this development is located as shown on the site plan approved in this application and submitted August 7, 2008. Any changes to that plan shall require the written approval of the Development Officer. j) That the following setbacks on all sides are maintained for this development: Front, Side, Rear: 20 ft (6.1 m). k) That the design, character and appearance of the proposed ~ building and addition are consistent with other buildings in the vicinity. I) That the property is not used for conducting a business or commercial operation without first obtaining the required permits. m) That there is proper and legal access provided to the property. n) That the site is graded so that storm water does not drain onto adjoining properties. o) That ali construction materials, supplies and equipment are stored on the property and not on the public roadway. p) The continuous clean up of construction debris tracked onto the public roadway where access is provided to the property. q) That there is no contamination of soil, surface water or groundwater from this use. r) That ail hazardous waste materials are properly disposed of in regulated facilities. s) That a permanent permit for the dwelling and attached garage be applied for, not more than two (2) months after endorsement of the Wiens subdivision application (2007-0-403). MOTION CARRIED 10. POST AGENDA a) Permit #3076 -Extension Request - Lot 17-19, Block 7, Plan 1217 BA, Hamlet of Patricia Doug Rogers (Owner/Applicant) Construction of an accessory building -variance granted for size of ~ building and rear setback August 26, 2008 Municipal Planning Commission Page 3 `~^~~ The Development Control Officer provided background information on the extension request. She indicated that with the new Land Use Bylaw this permit would have been a permitted use. Thus she would like to amend the conditions to reflect the application now being a permitted use. The County Planner indicated that once approval is given, that conditions may not be amended. The County Planner indicated that the only way conditions could be changed would be if the applicant applied fora new permit. However, she suggested granting the extension and sticking with the original permit. P-110/08 MOVED BY COUNCILLOR M. DOUGLASS that the Municipal Planning Commission APPROVE the extension request for Permit #3076, granting an extension until May 2009. MOTION CARRIED Arrived at Meeting Theresa & Dean Perry arrived at 10:16 a.m. 7. a) HO 235 -Lot 2, Block 2, Plan 971 0954, Ptn NE 33-18-15-W4M, Division 5 Theresa Perry (Owner/Applicant) Operation of a bed and breakfast business The Development Control Officer provided background information on the proposed home occupation permit. Adjacent land owner concerns included the existing cottage being rented out as part of the bed and breakfast, and the impact that guests might have on the septic system. Councillor Schroeder asked the applicants to comment on the septic system. The applicants indicated that when they moved to the property, they installed a septic system with 2.5 times the capacity of a septic system normally required for a house of that size. Since they moved into the house, there was a minimum of 10 people living in the house at any one time. Therefore, now that there are only 3 permanent residents, they do not feel that the bed and breakfast will have a negative impact on the septic system. P-111/08 MOVED BY COUNCILLOR 7. HARBINSON that the Municipal Planning Commission APPROVE Home Occupation Permit #235, granting a 3-year temporary permit to operate a Home Occupation 3 business on the property named on the application, under the provisions of the Country Residential Land Use District and the Home Occupation Schedule of the County of Newell Land Use Bylaw 1626-07. This approval and permit will be subject to the following conditions: a) This temporary permit is being granted for the operation of a bed and breakfast business on lands described as Lot 2, Block 2, Plan 971 0954, NE 33-18-15 W4. Any additional development shall require prior approval of a separate permit application. b) This permit, being valid for a time period of three years from the date of approval, at which time it may be either renewed or revoked by the Development Authority under the provisions of the Land Use Bylaw. It is the responsibility of the applicant to renew a minimum of two months prior to its expiration. The proposed development complying with: August 26, 2008 Municipal Planning Commission Page 4 ~~~ /.,, c) All Federal, Provincial and Municipal statutes, regulations, codes and standards. d) The provisions of Land Use Bylaw #1626-07, and amendments thereto, pertaining to the Country Residential District and Home Occupation guidelines (Schedule 13). The developer ensuring: e) That this use shall not affect the residential use of the property or adjacent properties in the area. f) There is proper and legal access provided to the property. g) That no noises, vibration, smoke, or dust, which may affect adjacent land owners, is created. h) That the signage advertising the business is in accordance with Schedule 13.4 of the Land Use Bylaw: No advertising sha/I be permitted on the property except for one indirectly illuminated sign of 4 fie (0.4 m2) placed flat against the building or fence. i) That there is adequate parking space for this use, in this instance, up to 5. j) That the cottage cannot be used as part of the home occupation permit. MOTION CARRIED 13. DEVELOPMENT PERMITS CONT'D b) DP #3240 -Lot 2, Block 2, Plan 971 0954, Ptn NE 33-18-15-W4M, Division 5 Theresa Perry (Owner/Applicant) Change in use /Compliance of an existing building The Development Control Officer provided background information on the proposed development permit application. The County Planner indicated that there needs to be a waiver to the minimum parcel size that a 2"d dwelling is allowed on. B. McKellar would like the 2"d dwelling to be considered a granny suite, not just an open residence. The Board decided that this unit should not be rented out, or used as part of the bed and breakfast operation, as previously stated in HO 235. P-112/08 MOVED BY COUNCILLOR H. WUTZKE that the Municipal Planning Commission APPROVE Development Permit #3240 and grant a three year temporary permit for the existing structure as an occasional 2"d residence not to be used as a rental unit, with a waiver to the minimum parcel size requirement of 2 acres (0.8 ha) fora 2"d residence, subject to the following conditions: a) This permit is being granted only for compliance of an existing 480 ftZ (44.6 mZ) 'cottage', as a 2"d occasional residence, which includes a waiver of the minimum parcel size requirement; on lands legally described as Lot 2, Block 30, Plan 071 0779, SW 32- 20-14 W4M. Any additional development shall require prior approval of a separate permit application. This permit supersedes DP #1749, making DP #1749 no longer applicable. The proposed development complying with: August 26, 2008 Municipal Planning Commission Page 5 b) All Federal, Provincial and Municipal statutes, regulations, codes and standards. c) The provisions of Land Use Bylaw #1626-07, and amendments thereto, pertaining to the Country Residential District. c) All Alberta Building Codes where applicable. d) The developer obtaining a Roadside Development Permit from Alberta Infrastructure and Transportation. A copy of this permit must be submitted to the Development Officer. e) 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. This agreement shall, at the applicant's expense, be registered as a caveat against the lands, if required. The developer ensuring: f) That this development is located as shown on the site plan approved in this application and submitted August 8, 2008. Any changes to that plan shall require the written approval of the Development Officer. g) That the following setbacks on all sides are maintained for this development: Front, Side, Rear: 20 ft (6.1 m) h) That the design, character and appearance of the `cottage' are consistent with other buildings in the vicinity. i) That the property is not used for conducting a business or commercial operation without first obtaining the required permits. j) That the 2nd occasional residence (`cottage') is not used for rental purposes. k) That there is proper and legal access provided to the property. I) That the site is graded so that storm water does not drain onto adjoining properties. m) That there is no contamination of soil, surface water or groundwater from this use. n) Not to be rented. MOTION CARRIED Left the Meeting Theresa & Dean Perry left at 10:42 a.m. Councillor Eastman is concerned about always voting for variances. The County Planner stated that had the structure not already been in existence, that the vote might have had a different outcome. 11. IN CAMERA ITEMS There were no in camera items. 12. QUESTION PERIOD None 13. AD]OURN August 26, 2008 Municipal Planning Commission Page 6 P-113/08 MOVED BY COUNCILLOR W. DANIELS that the meeting adjourn at 10:46 a.m. MOTION CARRIED l~if' 6 CHAIRMAN ASSISTANT NIST TOR r" August 26, 2008 Municipal Planning Commission Page 7