Loading...
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 c \I\Y\ 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. C Signed by the Chairman and Assistant Administrator this 7 Day of 1r14 , 2013. CCP L1,1 C r / CHIEF A ID M STRATOR C February 21,2013 Municipal Planning Commission Page 7 N