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Home My WebLink About2009-07-14 Municipal Planning Commission (Regular) MinutesMEMBERS PRESENT: M. Douglass, Councillor W. Daniels, Councillor J. Harbinson, Councillor S. Evans, Councillor A. Eastman, Councillor B. DeJong, Councillor H. Wutzke, Councillor A.M. Philipsen, Councillor I. Schroeder, Councillor R. Andrews, Councillor S. Swenson, Member B. McKellar, Member COUNTY OF NEWELL NO. 4 MUNICIPAL PLANNING COMMISSION MEETING July 14, 2009 The regular Municipal Planning Commission Meeting of the County of Newell No. 4 was held in the County Office at Brooks, AB on Tuesday, July 14, 2009 commencing at 10:00 a.m. STAFF: OTHERS IN ATTENDANCE: Bernard Thiessen, DP #3328 Jake Thiessen, DP #3328 Richard Stark, DP #3330 Marguerite Stark, DP #3330 1. CALL TO ORDER L. Johnson, Assistant Administrator A. Wickert, Development Control Officer D. Lester, Development Control Clerk The Chairman called the meeting to order at 10:04 a.m. 2. EXCUSED FROM MEETING All members were present. 3. MINUTES a) June 16, 2009 P 64/09 MOVED BY COUNCILLOR S. EVANS that the minutes of the June 16, 2009 Municipal Planning Commission meeting be adopted as presented. MOTION CARRIED 4. CALL FOR POST AGENDA ITEMS The Chairman called for post agenda items. July 14, 2009 5. ADOPTION OF AGENDA P -65/09 MOVED BY COUNCILLOR J. HARBINSON that the agenda be adopted as amended. Arrived at Meeting Councillor Daniels arrived at 10:06 a.m. 6 DEVELOPMENT PERMITS b) Permit #3329 Ptn NW 17- 18- 14 -W4M, Division 5 Eastern Irrigation District (Owner) Earl Wilson (Applicant) Construction of a 350 ft (107 m) communication tower P -66/09 MOVED BY COUNCILLOR M. DOUGLASS that the Municipal Planning Commission APPROVE Development Permit #3329 and grant approval for the construction of a communications tower, subject to the following conditions: MOTION CARRIED The Development Control Officer provided an overview of the proposed development permit. No comments or concerns were received from any adjacent land owners or referral agencies. This permit is being granted only for the construction of a 350 foot (107 m) communications tower, on lands legally described as NW 17 -18 -14 W4M. Any additional development shall require prior approval of a separate permit application. The proposed development complying with: a) All Federal, Provincial and Municipal statutes, regulations, codes and standards. b) The provisions of Land Use Bylaw #1626 -07, and amendments thereto, pertaining to the Agricultural District. c) All Alberta Building Codes where applicable. d) Any other required permits, including electrical, heating ventilation, gas and /or plumbing. These must be obtained from an accredited inspection agency And subject to the following conditions: e) That this development is located as shown on the site plan approved in this application and submitted June 15, 2009. Any changes to that plan shall require the written approval of the Development Officer. MOTION CARRIED Municipal Planning Commission Page 2 P -67/09 MOVED BY COUNCILLOR I. SCHROEDER that the Development Report be accepted. P -68/09 July 14, 2009 7. BUSINESS FROM MINUTES a) Garden Suites This item will be brought back to the next MPC meeting. 8. DEVELOPMENT REPORT JUNE 11 JULY 7, 2009 9. OTHER BUSINESS a) Proposed Subdivision in Ptn SE 12- 15- 14 -W4M MOTION CARRIED This item was discussed at the July 10 Council Meeting, and was removed from the agenda. A formal subdivision application will be brought back to a future meeting. Arrived at Meeting Bernard Thiessen and Jake Thiessen arrived at 10:12 a.m. 6. DEVELOPMENT PERMITS CONT'D a) Permit #3328 Lot 2, Block 22, Plan 091 2111, Ptn. NW 29-20-14 W4M, Division 8 3 K Eavestrough Ltd. (Owner) Old Colony Mennonite Church (Applicant) Construction of a community building to be used as a school /meeting place during the week and a church on Sundays The Development Control Officer provided background information about the proposed subdivision. Alberta Transportation was included in the circulation due to the proximity to SH 550. The Village of Duchess provided an email showing their support of the application. The calculation regarding parking area in the Development Officer's report reflects the minimum parking space required for the use. Considering the intended use, additional area may be desirable. MOVED BY COUNCILLOR H. WUTZKE that the Municipal Planning Commission APPROVE Development Permit #3328 and grant approval for construction of a community multi -use building, subject to the following conditions: This permit is being granted only for the construction of a 4800 ft (446 m building, on lands legally described as Lot 2, Block 22, Plan 091 2111, NW 29 -20 -14 W4M. Any additional development shall require prior approval of a separate permit application. The proposed development complying with: a) All Federal, Provincial and Municipal statutes, regulations, codes and standards. Municipal Planning Commission Page 3 July 14, 2009 b) 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) Any other required permits, including electrical, heating ventilation, gas and /or plumbing. These must be obtained from an accredited inspection agency And subject to the following conditions: e) That this development is located as shown on the site plan approved in this application and submitted June 18, 2009. Any changes to that plan shall require the written approval of the Development Officer. f) That the developer provide the Development Officer with a copy of the building permit issued by a licensed, accredited building inspection agency for the County of Newell. g) That the developer obtain and comply with a Private Sewage Disposal System Permit. A copy of this permit must be submitted to the Development Officer. h) That the developer obtain a Roadside Development Permit from Alberta Infrastructure and Transportation. A copy of this permit must be submitted to the Development Officer. i) That the developer enter into Road Approach Agreement with the County of Newell. This agreement is for the installation and /or upgrade of any required road approaches to the parcel. If required, the agreement shall be registered as a caveat against the lands, at the applicant's expense. Left the Meeting Bernard Thiessen and Jake Thiessen left at 10:19 a.m. Arrived at Meeting Richard Stark and Marguerite Stark arrived at 10:20 a.m. MOTION CARRIED P -69/09 MOVED BY COUNCILLOR M. DOUGLASS that the fees paid for the first 2 applications made by the applicant (08 LUA 005 DP #3244) be refunded to the applicant meaning that the only fee collected is for DP #3328. MOTION CARRIED c) Permit #3330 Lot 2, Block 1, Plan 971 0724, Ptn. SW 5-18-14 W4M, Division 5 Richard Mery Stark (Owner Applicant) Construction of a dwelling with an attached garage, variance required for front and side yard setbacks The Development Control Clerk provided background information on the proposed development permit application. Further discussion included why the distance between the proposed house and the existing neighbor's house was going to be so small. The Commission was concerned that the 2 foot space between the 2 structures would not allow for repairs and maintenance. Mr. Stark indicated that repairs and maintenance are very rarely needed on masonry structures. There is an encroachment agreement registered on title allowing the minimal setback so long as a 2 hour fire wall is utilized. Municipal Planning Commission Page 4 P -70/09 Left the Meeting Richard Stark and July 14, 2009 MOVED BY COUNCILLOR.). HARBINSON that the Municipal Planning Commission APPROVE Development Permit #3330, granting approval for the construction of a single detached dwelling with attached garage, with variances to the side yard and front yard setbacks, and subject to the following conditions: This permit is being granted only for the construction of a 2765.62 ft (256.93 m single detached dwelling with attached garage, on lands legally described as Lot 2, Block 1, Plan 9710724, SW 5 -18 -14 W4M. Any additional development shall require prior approval of a separate permit application. The proposed development complying with: a) All Federal, Provincial and Municipal statutes, regulations, codes and standards. b) The provisions of Land Use Bylaw #1626 -07, and amendments thereto, pertaining to the Resort Residential District. c) All Alberta Building Codes where applicable. d) Any other required permits, including electrical, heating ventilation, gas and /or plumbing. These must be obtained from an accredited inspection agency And subject to the following conditions: g) j) e) That this development is located as shown on the site plan approved in this application and submitted June 19, 2009. Any changes to that plan shall require the written approval of the Development Officer. f) That the developer provide the Development Officer with a copy of the building permit issued by a licensed, accredited building inspection agency for the County of Newell. That the developer obtain and comply with a Private Sewage Disposal System Permit. A copy of this permit must be submitted to the Development Officer. h) That the property is not used for conducting a business or commercial operation without first obtaining the required permits. i) That phase 1 of the development (garage) commence not later than twelve (12) months from the date of the permit approval, and that phase 2 of the development (dwelling) commence not later than twenty -four (24) months from the date of the permit approval. That the following setbacks on all sides are maintained for this development: Front (east): 0 Side (south): 2 in (0.05 m) Side (north): 5 ft (1.5 m) Rear (west): 10 ft (3.0 m) Marguerite Stark left at 10:42 a.m. 10. POST AGENDA There were no post agenda items to discuss. MOTION CARRIED Municipal Planning Commission Page 5 July 14, 2009 11. IN CAMERA ITEMS There were no in camera items. 12. QUESTION PERIOD S. Swenson reminded the Commission that refusing something such as the previous church application isn't always a bad thing. Now DP #3328 has been approved in an excellent location. L. Johnson informed the Commission that he had spoken to 2 members of the South Saskatchewan Regional Advisory Committee about coming to a future MPC meeting. Both members indicated that while this may be possible in the future, that it would be too premature at this stage as the SSRAC has only had one meeting. 13. INFORMATION ITEMS There were no information items. 14. ADJOURN P -71/09 MOVED BY COUNCILLOR J. HARBINSON that the meeting adjourn at 10:45 a.m. CHAI tu ASST. ADMI .1r:.TRATOR MOTION CARRIED Municipal Planning Commission Page 6