HomeMy WebLinkAbout2013-02-21 Municipal Planning Commission (Regular) Minutes COUNTY OF NEWELL
MUNICIPAL PLANNING COMMISSION MEETING
February 21, 2013
The regular Municipal Planning Commission Meeting of the County of Newell was held
in the County Office at Brooks, AB on Thursday, February 21, 2013 commencing at
10:00 a.m.
MEMBERS
PRESENT: M. Douglass, Councillor
L. Juss, Councillor
A. Eastman, Councillor & M.P.C. Vice Chair
B. de Jong, Councillor
J. Bulger, Councillor
A.M. Philipsen, Councillor & M.P.C. Chair
I. Schroeder, Councillor
R. Andrews, Councillor
ABSENT: L. Johnson, Assistant Administrator
C. Amulung, Councillor
M. Nesbitt, Councillor
STAFF: K. Stephenson, CAO
D. Horvath, Planner - ORRSC
A. Wickert, Manager of Planning and Development
P. Elliott, Administrative Assistant
S. Simpson, Development Clerk
OTHERS IN S. Stanway, Brooks Bulletin
ATTENDANCE: R. Petkau, Ratepayer
D. Bell, Lawyer
N. Molder, Applicant
J. Marianicz, Applicant
1. CALL TO ORDER
The Chairman called the meeting to order at 10:04 a.m.
2. EXCUSED FROM MEETING
P-25/11 MOVED BY COUNCILLOR B. De TONG that Councillor M. Nesbitt & C.
Amulung be excused from the meeting.
MOTION CARRIED
3. MINUTES
a) February 7, 2013
P-26/11 MOVED BY COUNCILLOR A. EASTMAN that the minutes of the February
7, 2013 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-27/11 MOVED BY COUNCILLOR M. DOUGLASS that the agenda be adopted as
presented.
MOTION CARRIED
6. DEVELOPMENT PERMITS,
a) Permit #3678 - NW 31-20-14 W4M, Division 8
Liberty Trucking/Travis Site Services Inc. (Owner/ Applicant)
Installation of 3 Atco Trailers
® ARRIVED AT MEETING
Councillor R. Andrews arrived at 10:07 a.m.
The Manager of Planning and Development provided background
information on the proposed development permit.
MPC was given the opportunity to ask questions. Discussion followed
regarding the hours of operation as well as the fencing and lighting
that would be used on the property. An adjacent landowner indicated
that he would like the hours of operation restricted to 7:00 a.m. to
5:30 p.m. Monday to Friday, with no work performed on weekends or
statutory holidays. The Manager of Planning and Development
informed MPC that the hours of operation and fencing had been
discussed with the Applicant but not the days of operation.
Discussion followed and the adjacent landowner expressed concerns
with the brightness of the lighting used. The County Planner informed
MPC that they could add or strike conditions with the information that
has been received and that those conditions could be appealed at a
later date.
P-28/11 MOVED BY COUNCILLOR B. De ,TONG that the Municipal Planning
Commission APPROVE Development Permit #3678 for the installation of 3
Atco trailers subject to the following conditions:
February 21,2013 Municipal Planning Commission Page 2
This permit is being granted only to install 3 - 720 ft2 (70 m2) Atco
trailers, on lands legally described as NW 31-20-14 W4M. Any additional
development shall require prior approval of a separate permit
application.
The proposed development complying with:
a) The provisions pertaining to the Rural Business 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.
Reasons for Approval
The Municipal Planning Commission has approved DP #3678 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 Rural Business District (Schedule 2), as specified in the County of
Newell Land Use Bylaw #1755-12.
Conditions of Development
a) That this development is located as shown on the site plan approved
in this application and submitted January 23, 2013. Any changes to
that plan shall require the written approval of the Development
Officer.
b) That there is a 2 m (6.6 ft.) separation distance between and among
the moved-in buildings, unless they are connected.
c) That the site is fully fenced around the entire perimeter using chain
link fencing. The chain link fence shall be 8 feet (2.4 m) in height, as
per Section 14 of the Rural Business District in the Land Use Bylaw.
d) In order to provide visual screening of the site for adjacent
landowners privacy slats or other type of screening material shall be
installed along the entire length of the north fence and for 500 ft
along the length of the east fence
-- : •:. - - ' - :
any and all Saturdays, Sundays, or statutory holidays.
f) That the hours of operation of this site shall be limited to 7:00 am to
7:00 pm, Monday to Saturday. No work may occur on the site on
any and all Sundays or statutory holidays.
g) That the following setbacks on all sides are maintained for this
development:
Front (SH 550): 100 ft (30 m)
Side (east and west): 25 ft (7.6 m)
Rear (south): 25 ft (7.6 m)
MOTION CARRIED
February 21,2013 Municipal Planning Commission Page 3
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b) Permit #3680 - NW 6-18-14 W4M, Lot 62, Block 4, Plan 941 1176,
Division 5
J. &J. Marianicz/N. & L. Molder (Owner/Applicant)
Compliance for an existing deck, variance to side yard setback
The Manager of Planning and Development provided background
information on the proposed development permit.
MPC was given the opportunity to ask questions. D. Bell explained that
the easement stays with the land and the encroachment agreement
stays with the title. MPC had concerns about the County's liability in
the case of a fire. D. Bell replied that, in his opinion, there were no
concerns in that regard. The Applicant commented that when he
constructed the deck he was not aware that a permit was required. D.
Bell informed MPC that the next door neighbor has no issues with the
placement of the deck.
Discussion followed with questions to the applicant regarding the
setbacks of the deck and stairs. D. Bell responding to further questions
from MPC.
The County Planner provided further information, indicating that MPC's
decision is whether or not to grant a variance for the encroachment of
the existing deck and to the side yard setback. She also provided
information as to the status of the permit if left as non-compliant.
P-29/11 MOVED BY COUNCILLOR J. BULGER that the Municipal Planning Commission
APPROVE Development Permit #3680 for the compliance for an existing deck
and variance to side yard setback, and subject to the following conditions:
This permit is being granted only for the existing 363 ft2 (33.7 m2)
elevated deck, with a variance to the size of the deck, a variance to the
separation distance between the 2 dwellings, and a variance to the
encroachment of the deck, concrete steps and concrete pad into the
Maintenance ROW, on lands legally described as Lot 62, Block 4, Plan
941 1176, NW 6-18-14 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, and as varied.
b) All Federal, Provincial and Municipal statutes, regulations, codes and
standards.
c) All Alberta Building Codes and Safety Codes, where applicable.
Reasons for Approval
The Municipal Planning Commission has approved DP #3680 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
February 21,2013 Municipal Planning Commission Page 4
Development (Schedule 3) 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.
Reasons for Refusal
The Municipal Planning Commission has refused DP #3680 for the
following reasons:
1. The developed deck does not comply with DP 2414, which provided
permit approval for a 163.8 ft2 (15.3 m2) deck because the landowner
built a 363 ft2 (33.7 m2) deck.
2. The developed deck, concrete pad, and concrete steps encroach into
the Maintenance ROW on the east boundary of Lot 62. Furthermore,
the applicant/landowner has not demonstrated hardship or practical
difficulty particular to the use or character, or situation of the land in
the request for variance (Section 34 of the Land Use Bylaw).
3. Since the dwelling in lot 63 was built as a zero lot line development,
the minimum separation distance of 10 ft (3m) between the 2
dwellings will not be provided.
4. A variance would have to be provided to above 3 development
requirements in order to bring the deck, concrete stairs and concrete
pad into compliance. MPC has determined that the number of
variances that would be required is excessive.
Conditions of Development Approval
a) That this development is located as shown on the Real Property
Report that was submitted with the application January 25, 2013.
Any changes to that plan shall require the written approval from the
Development Officer.
b) That this permit is for the sole purpose of providing compliance for
the existing elevated deck, concrete steps and concrete pad, with a
variance to the size of the deck, a variance to the separation
distance between the 2 dwellings, and a variance to the
encroachment of the deck, concrete steps and concrete pad into the
Maintenance ROW.
c) That the following setbacks on all sides are maintained for this
development:
Side (east): as indicated in the RPR prepared December 2, 2011,
including encroachment into the maintenance right-of-way
MOTION DEFEATED
c) Permit #3681 - SW 7-18-14 W4M, Block 4, Division 5
K300 Financial Corporation/LNR Developers Ltd. (Owner/Applicant)
Relocate Log Cabin Show Home to Block 8
The Manager of Planning and Development provided background
information on the proposed development permit.
MPC was given the opportunity to ask questions.
February 21,2013 Municipal Planning Commission Page 5
P-30/11 MOVED BY COUNCILLOR A. EASTMAN that the Municipal Planning
Commission APPROVE Development Permit #3681 for the relocation of the
1000 ft2 (92.9 m2) log cabin show home to Block 8, and subject to the following
conditions:
This permit is being granted only for the 1000 ft2 (92.9 m2) log cabin
show home, on lands legally described as Block 8, SW 7-18-14 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.
Reasons for Approval
The Municipal Planning Commission has approved DP #3681 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 3) 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 in this application and submitted January 23, 2013. Any
changes to that plan shall require the written approval from the
Development Officer.
b) That this permit is for the sole purpose of storing the log cabin on
the site until such time as the landowner acquires subdivision
approval from the County for Block 8. In the meantime, the cabin
shall not be used for business purposes or for living purposes and
it shall not be connected to any utilities or services.
c) That the existing road approach will be upgraded as outlined in the
Road Approach Agreement signed by the developer, within the
time frame indicated by the County Public Works department.
d) That the following setbacks on all sides are maintained for this
development:
From Lake Newell Resort Road (ROW): 100 ft (30 m)
e) That, with the approval of this permit (DP3681), DP 3677 is no
longer required and is revoked, as of February 22, 2013.
MOTION CARRIED
February 21,2013 Municipal Planning Commission Page 6
7. POST AGENDA
There were no late post agenda items
8. INFORMATION ITEMS
a. GTE Solar Approval - The Manager of Planning and Development
informed MPC that final approval from AUC was given for this
development.
b. SDAB - The Manager of Planning and Development informed MPC that
an appeal for the Zagorsky subdivision has been scheduled for March 6,
2013.
9. IN CAMERA ITEMS
There were no in camera items.
10. QUESTION PERIOD
None
11. ADJOURN
Being that the agenda matters have been concluded the meeting adjourned
at 11:26 a.m.
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Signed by the Chairman and Assistant Administrator this 7 Day of 1r14 , 2013.
CCP L1,1
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CHIEF A ID M STRATOR
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February 21,2013 Municipal Planning Commission Page 7
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