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HomeMy WebLinkAbout2013-09-19 Municipal Planning Commission (Regular) Minutes COUNTY OF NEWELL MUNICIPAL PLANNING COMMISSION MEETING September 19, 2013 The regular Municipal Planning Commission Meeting of the County of Newell was held in the County Office at Brooks, AB on Thursday, September 19, 2013 commencing at 10:00 a.m. MEMBERS PRESENT: M. Douglass, Councillor C. Amulung, 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: M. Nesbitt, Councillor STAFF: K. Stephenson, CAO L. Johnson, Assistant Administrator G. Scott, Planner - ORRSC A. Wickert, Manager of Planning and Development S. Simpson, Development Officer P. Elliott, Administrative Assistant OTHERS IN ATTENDANCE: S. Stanway, Brooks Bulletin A. Zagorsky, Applicant C. Andrews, Applicant K. Andrews, Applicant L. Gazdarica, Applicant 1. CALL TO ORDER The Chairman called the meeting to order at 10:03 a.m. 2. EXCUSED FROM MEETING P-113/13 MOVED BY COUNCILLOR M. DOUGLASS that Councillor M. Nesbitt be excused from the meeting. MOTION CARRIED 3. MINUTES a) September 5, 2013 P-114/13 MOVED BY COUNCILLOR C. AMULUNG that the minutes of the September 5, 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-115/13 MOVED BY COUNCILLOR R. ANDREWS that the agenda be adopted as presented. MOTION CARRIED 6. S.D.A.B. REPORT a) DP 3739 & 3745 - Ratcliffe / Shpak The Manager of Planning and Development provided an update regarding the recent Appeal Board hearing. ARRIVED AT MEETING Councillor L. Juss arrived at 10:05 a.m. 7. DEVELOPMENT PERMITS a) Permit #3744 - NW 11-18-14W4M, Division 5 Albert & Frieda Zagorsky (Owner/ Applicant) Installation of a manufactured home 2 as a second dwelling The Development Officer provided background information on the proposed development permit. Councillor C. Amulung requested clarification on what the Development Officer presented to MPC and what was written in the application. The Manager of Planning & Development responded that under 'Recommended Action'where it stated 800ft it should have said 950ft and would be corrected. Councillor C. Amulung commented that since an inspection would be performed he felt the condition for the $2500.00 security deposit should be waived. P-116/13 MOVED BY COUNCILLOR C. AMULUNG that the Municipal Planning Commission APPROVE Development Permit #3744, excluding the condition requiring the payment for a $2500.00 security deposit. September 19,2013 Municipal Planning Commission Page 2 A discussion followed regarding the matter of requiring a security deposit. Councillor C. Amulung withdrew his motion. P-117/13 MOVED BY COUNCILLOR B. DE JONG that the Municipal Planning Commission APPROVE Development Permit #3744, and grant approval for the installation of a manufactured home as a second dwelling, with a variance to the maximum age requirement, subject to the following conditions: A, This permit is being granted only to provide approval for the t 'a z z , installation of a 952 ft2 (88 m2) manufactured home with a 64 ft2 (6 m2) addition and an attached 100 ft2 (9 m2) deck as a second dwelling, with a variance to the age of the dwelling, on lands legally described as NW 11-18-14 W4M. Any additional development shall require prior approval of a separate permit application. The proposed development complying with: a) The provisions pertaining to the Agricultural 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 #3744 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 Agricultural 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 as submitted August 22, 2013. Any changes to that plan shall require the written approval of the Development Officer. b) That the developer provide a security deposit, in the amount of 52500.00 to ensure the following conditions of development are met: 1. Proper installation of this building on a foundation or piles; once installed, the structure must pass inspection by the County building inspector, 2. Upgrades to skirting, trim and flashings, within one year from the date of approval. Once the development has met the conditions of item b) to the September 19,2013 Municipal Planning Commission Page 3 satisfaction of the County, the deposit will be refunded. c) That the following setbacks on all sides are maintained for this development: Front (north): 100 ft (30 m) Side (west and east): n/a Rear (south): n/a d) That the property is not used for conducting a business or commercial operation without first obtaining the required permits. e) The developer must start construction before September 30, 2014. In the event that this date cannot be met, the developer must apply for an extension and may be required to.apply_for a new permit. MOTION CARRIED b) Permit #3758 - SW 14-18-14 W4M, Division 4 Cory & Keri Andrew (Owner/ Applicant) Secondary Dwelling The Development Officer provided background information on the proposed development permit. Councillor B. de Jong said he would like to know what options are available to the applicants to achieve 2 residents. Councillor C. Amulung commented that the property was still one parcel of 160 acres. He recited Section 19.3(e) and commented that nowhere does it state that 2 dwellings must be together and that they were still compact in nature. LEFT THE MEETING Councillor I. Schroeder left at 10:21 a.m. L. Gazdarica spoke to the MPC and explained that he would like to remain living in the house for the next couple of years and requested that he be allowed the time to make the transition to change residences. ARRIVED AT MEETING Councillor I. Schroeder arrived at 10:25 a.m. Councillor B. de Jong commented that he would like to hear from the other applicants. C. Andrews said that the original plan was to build their new house and have the old house torn down. He said that they had no issues with L. Gazdarica continuing his stay in the old house. They confirmed their plans were to remove the house after it was vacated by L. Gazdarica so the pivot could make a full sweep of the quarter. There was further discussion. P-118/13 MOVED BY COUNCILLOR M. DOUGLASS that the Municipal Planning Commission APPROVE Development Permit #3758 and grant approval for the existing farmstead dwelling to be used as a second dwelling on the site, with a variance to the area being utilized by the 2 dwellings, and subject to the following conditions: permit is being granted only to provide approval for the existing farmstead dwelling to be used as a second dwelling, with a variance to September 19,2013 Municipal Planning Commission Page 4 the area being utilized by the 2 dwellings, on lands legally described as SW 14-18-14 W4M. Any additional development shall require prior approval of a separate permit application. The proposed development complying with: a) The provisions pertaining to the Agricultural 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 #3758 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 Agricultural 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 as submitted August 29, 2013. Any changes to that plan shall require the written approval of the Development Officer. b) That the property is not used for conducting a business or commercial operation without first obtaining the required permits. c) Once the farmstead dwelling is no longer required by the existing occupant, Mr. Gazdarica, this permit will expire and the farmstead dwelling must be removed. Occupancy of the dwelling shall not be passed from Mr. Gazdarica to any other person. Upon removal of the farmstead dwelling, the landowner shall provide proof that the dwelling has been removed. MOTION CARRIED c) Permit #3753 - Lot 5, Block 3, Plan 091 0885, NW 12-20-15W4M, Division 4 Jeremy & Cathy Slaney / Steven &Tricia Trembecki (Owner/ Applicant) Compliance for a dwelling with attached garage and deck, detached shop The Development Officer provided background information on the proposed development permit. There were no questions from MPC. September 19,2013 Municipal Planning Commission Page 5 P-119/13 MOVED BY COUNCILLOR I. SCHROEDER that the Municipal Planning Commission APPROVE Development Permit #3753, providing compliance for the existing dwelling with attached garage and attached deck, and an existing shop, and subject to the following conditions: This permit is being granted only to provide compliance for the existing 1644 ft2 (152.7 m2) dwelling with attached garage and 279 ft2 (26 m2) attached deck, and a 798 ft2 (74 m2) shop, on lands legally described as Lot 5, Block 3, Plan 091 0885, NW 12-20-15 W4M. Any additional development shall require prior approval of a separate permit application. The proposed development complying with: a) The provisions pertaining to the Acreage 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 #3753 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 Acreage 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 provided with this application and submitted August 22, 2013. 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 attached deck is inspected by an accredited building inspector and that a building inspection report indicating that the deck meets building code requirements is submitted to the Development Officer. d) That the following setbacks are maintained for this development: Front (west): 50 ft (15.2 m) Side (north): 25 ft (7.6 m) Side (south): 22 ft (6.89 m) Rear (east): 25 ft (7.6m) MOTION CARRIED 8. POST AGENDA September 19,2013 Municipal Planning Commission Page 6 There were no post agenda items. 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 10:35 a.m. °K- Signed by the Chairman and Assistant Administrator this icy Day of C'd )0442013. ) ^ CHAIRM der ASST.'ADM I TRATOR September 19,2013 Municipal Planning Commission Page 7