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Home My WebLink About2012-12-06 Municipal Planning Commission (Regular) Minutes COUNTY OF NEWELL MUNICIPAL PLANNING COMMISSION MEETING December 6, 2012 The regular Municipal Planning Commission Meeting of the County of Newell was held in the County Office at Brooks, AB on Thursday, December 6, 2012 commencing at 10:00 a.m. MEMBERS PRESENT: C. Amulung, Councillor L. Juss, Councillor B. de Jong, Councillor J. Bulger, Councillor A.M. Philipsen, Councillor & M.P.C. Chair I. Schroeder, Councillor R. Andrews, Councillor ABSENT: M. Douglass, Councillor A. Eastman, Councillor M. Nesbitt, Councillor D. Horvath, Planner - ORRSC STAFF: K. Stephenson, CAO L. Johnson, Assistant Administrator A. Wickert, Manager of Planning and Development P. Elliott, Administrative Assistant OTHERS IN S. Stanway, Bulletin ATTENDANCE: B. Paddock, Applicant C. Paddock, Applicant 1. CALL TO ORDER The Chairman called the meeting to order at 9:58 a.m. 2. EXCUSED FROM MEETING P-104/12 MOVED BY COUNCILLOR L. MSS that Councillors M. Douglass and A. Eastman be excused from the meeting. MOTION CARRIED 3. MINUTES a) November 22, 2012 C P-105/12 MOVED BY COUNCILLOR R. ANDREWS that the minutes of the November 22, 2012 Municipal Planning Commission meeting be adopted as presented. MOTION CARRIED 4. CALL FOR POST AGENDA ITEMS The Chairman called for post agenda items. 5. ADOPTION OF AGENDA P-106/12 MOVED BY COUNCILLOR L. SUSS that the agenda be adopted as presented. MOTION CARRIED 6. DEVELOPMENT REPORTS The Manager of Planning and Development provided information regarding the Development Report. C P-107/12 MOVED BY COUNCILLOR I. SCHROEDER that the Development Report be adopted as presented. MOTION CARRIED 7. SUBDIVISIONS a) #2012-0-195, - SE 1-17-16-W4M, Division 4 Wayne & Shelley Swenson (Owner/Applicant) To create one (1) new parcel approximately 5.40 acres (2.18 ha) in size, containing an existing farmstead, from an unsubdivided quarter section for residential use. The Manager of Planning and Development provided background information on the proposed subdivision. P-108/12 MOVED BY COUNCILLOR R. ANDREWS that the Municipal Planning Commission APPROVE subdivision #2012-0-195, subject to the following conditions: 1. That all outstanding property taxes shall be paid to the County of Newell. MOTION CARRIED CArrived at Meeting at 10:03 a.m. Councillor 3. Bulger December 6,2012 Municipal Planning Commission \v� Page 2 1 8. DEVELOPMENT PERMITS The Manager of Planning and Development requested that Development fir+ Permit # 3665 be dealt with first. a) Permit #3665 - Lot 2, Block 3, Plan 051 4218, NE 1-18-15 W4M, Division 5 Cory and Bonny Paddock/Tiffany Krinke (Owner/Applicant) Compliance for an existing attached elevated deck The Manager of Planning and Development provided background information on the proposed development permit. B. De Jong inquired as to why Public Works had not responded and whether it was a concern for Planning and Development. The Manager of Planning and Development responded that it was a concern and that she sends the report directly to Public Works. L. Johnson replied that Public Works should be responding to the circulation. P-110/12 MOVED BY COUNCILLOR L. .JUSS that the Municipal Planning Commission APPROVE Development Permit #3665 for compliance for an existing attached elevated deck, and subject to the following conditions: This permit is being granted only to provide compliance for an existing 344 ft2 (32 m2) attached elevated deck, on lands legally described as Lot 2, Block 3, Plan 051 4218, NE 1-18-15 W4M. Any additional development shall require prior approval of a separate permit application. The proposed development complying with: a) The provisions pertaining to the Hamlet Residential District and all relevant schedules, as outlined in the County of Newell Land Use Bylaw #1755-12. b) All Federal, Provincial and Municipal statutes, regulations, codes and standards. c) All Alberta Building Codes and Safety Codes, where applicable. d) It is responsibility of the developer to obtain all permits from an accredited inspection agency. Reasons for Approval The Municipal Planning Commission has approved DP #3665 for the following reasons: 1. The proposed development complies with the Municipal Development Plan. 2. The Development Authority is satisfied that the proposed development is suitable for the purpose for which it is intended under the Hamlet Residential District (Schedule 2) and Standards of Development (Schedule 4) as specified in the County of Newell Land Use Bylaw #1755-12. 3. No objections have been received from adjacent landowners or referral agencies with respect to the proposed development. Conditions of Development a) That this development is located as shown on the site plan approved December 6,2012 Municipal Planning Commission Page 3 in this application and submitted November 14, 2012. Any changes to that plan shall require the written approval from the Development Officer. b) That the property is not used for conducting a business or commercial operation without first obtaining the required permits. c) That the underside of the elevated deck is not enclosed without first obtaining the required permits. d) That the following setbacks are maintained for this development: Front (north): n/a Side (east): 5 ft (1.5 m) Rear (south): 20 ft (6 m) MOTION CARRIED b) Permit #3664, - Lot 2, Block 3, Plan 051 4218, NE 1-18-15 W4M, Division 5 Cory and Bonny Paddock/Tiffany Krinke (Owner/Applicant) Compliance for an existing accessory building (shed); variance to side yard setback. The Manager of Planning and Development provided background information on the proposed development permit. R. Andrews inquired about development on the neighboring property. C. Paddock responded that the neighbors have built a house. He stated that because the neighbor's property was significantly higher in elevation than his, he needed to install a retaining wall. C. Paddock felt that the only suitable place for the shed was in its present location beside the house. 8. de Jong asked about the distance from the Paddock's shed to the neighbor's house. C. Paddock replied it was approximately 8-10 feet. There was further discussion regarding the need for some setback between the shed and the property boundary. P-109/12 MOVED BY COUNCILLOR C. AMULUNG that the Municipal Planning Commission APPROVE Development Permit #3664 for compliance for an existing accessory building (shed) and variance to the side yard setback, subject to the following conditions: This permit is being granted only to provide compliance for an existing 112 ft2 (10 m2) shed, with a variance to the side yard setback requirement, on lands legally described as Lot 2, Block 3, Plan 051 4218, NE 1-18-15 W4M. Any additional development shall require prior approval of a separate permit application. The proposed development complying with: a) The provisions pertaining to the Hamlet Residential District and all relevant schedules, as outlined in the County of Newell Land Use Bylaw #1755-12. b) All Federal, Provincial and Municipal statutes, regulations, codes and standards. c) All Alberta Building Codes and Safety Codes, where applicable. d) It is responsibility of the developer to obtain all permits from an accredited inspection agency. December 6,2012 Municipal Planning Commission j\ `l\\�� Page 4 4 MOTION DEFEATED Reasons for Refusal The Municipal Planning Commission refused DP #3664 for the following reason: 1. The proposed development does not comply with the setback requirements for the Hamlet Residential District (Schedule 2) as specified in the County of Newell Land Use Bylaw #1755-12. In addition, because the shed is attached to the dwelling, it creates non-compliance issues with the dwelling as well. The applicant has not demonstrated unnecessary hardship in the request for variance, as outlined in Section 34 of the Land Use Bylaw. 9. POST AGENDA There were no Post Agenda items. 10. INFORMATION ITEMS 11. IN CAMERA ITEMS There were no in camera items. 12. QUESTION PERIOD None 13. ADJOURN Being that the agenda matters have been concluded the meeting adjourned at 10.26 a.m. Signed by the Chairman and Assistant Administrator this ZO Day of hex- , 2012. /"I'7"" ASST. ADMINI' ' •TOR December 6,2012 Municipal Planning Commission Page 5