subdivision and development appeal board hearing - april 4

7/28/2019 Subdivision and Development Appeal Board Hearing - April 4

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S U B D I V I S I O N

A N D

D E V E L O P M E N T A P P E A L B O A R D

A G E N D A

Meeting No. 13HR3/13 Thursday, 9:00 A.M.

April 4, 2013

Hearing Room No. 3Main Floor, Churchill Building


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Meeting No.: 13HR3/13 Thursday, April 4, 2013

SUBDIVISION AND DEVELOPMENT APPEAL BOARD

HEARING ROOM NO. 3

-----------------------------------------------------------------------------------------------------------------------9:00 A.M.

135541100-001

SDAB-D-13-067 Construct an Accessory

Buildingdetached

Garage (9.144 metres by14.021 metres).

12131190 Street NW

I

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LUNCH BREAK11:30 A.M. TO 12:00 P.M.-----------------------------------------------------------------------------------------------------------------------

12:00 P.M.

134683056-001

SDAB-D-13-068 Convert the main floor

and basement of anexisting building to a

Personal Service Shop

and to construct interiorand exterior alterations

(stairs to basement, new

window on the south

elevation); second floorremains unchanged as a

one Dwelling Apartment.

8706118 Avenue NW

II

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NOTE: Unless otherwise stated, all references to Section numbers in this Agenda referto the authority under the Edmonton Zoning Bylaw 12800.


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Meeting No. 13HR3/13 Thursday, April 4, 2013

I

ITEM I: 9:00 A.M. FILE: SDAB-D-13-067

AN APPEAL FROM THE DECISION OF THE DEVELOPMENT OFFICER

APPLICATION NO.: 135541100-001.

DEVELOPMENT OFFICERS DECISION DATE: March 5, 2013.ADDRESS OF APPELLANT: 12131190 Street NW, Edmonton, AB, T5B 1T5.

DATE OF APPEAL: March 11, 2013.

APPLICATION FOR PERMISSION TO: Construct an Accessory Building

detached Garage (9.144 metres by14.021 metres).

ZONE: DC2.369 Site Specific Development Control Provision.

LEGAL DESCRIPTION: Lot 19, Block 8, Plan 0024535.MUNICIPAL DESCRIPTION: 12131190 Street NW.

___________________________________________________________________

DEVELOPMENT OFFICERS DECISION

REFUSED - The proposed development is refused for the following reason:

An Accessory Building or Structure shall not exceed 4.3 metres

(14.1 feet) nor one storey in Height. (Reference Section 50.3(2))

Proposed Height: 5.35 metresExceeds by: 1.09 metres.

___________________________________________________________________

APPELLANTS SUBMISSION

1. This was previously approved (summer 2012), however, we realized that weneeded the garage moved slightly over to accommodate our new tennis court.

2. More height was required for the radiant heaters (the type of heating system we

would be using for the garage).

3. We haul our own water (no City water service in our area) we would like topark our trailer with the water tank on it inside the garage (over 8 feet high).

4. Additional storage.

___________________________________________________________________

contd.


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FILE: SDAB-D-13-0679:00 A.M.

SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICERS COMMENTS

This application is to construct an Accessory Building (Detached Garage 9.144

metres by 14.021 metres).

The site is located on the northeast corner of 121 Avenue and 190 Street and is

zoned DC2.369 Site Specific Development Control Provision, Section 720 of the

Edmonton Zoning Bylaw 12800. The subject DC2.369 was approved by City of

Edmonton Council on November 8, 1994 under Bylaw No. 10654. A copy of

Section DC2.369 is on file. The site is within the Kinokamau Plains Area StructurePlan, under Bylaw 12386 (as amended), approved by City Council in August 2000.

NOTE: Section 641(4) of the Municipal Government Act, Chapter M-26, statesdespite section 685, if a decision with respect to a development permit

application in respect of a direct control district

(a) is made by a council, there is no appeal to the subdivision anddevelopment appeal board, or

(b)is made by a development authority, the appeal is limited to whether thedevelopment authority following the directions of council, and if the

subdivision and development appeal board finds that the development

authority did not follow the directions it may, in accordance with the

directions, substitute its decision for the development authoritysdecision.

Section 2 of the Zoning Bylaw concerning Repeal, Enactmentand Transition Procedures states the following:

2.4 Subject only to the provisions in the Municipal Government Act

respecting legal non-conforming Uses and notwithstanding the effectit may have on rights, vested or otherwise, the provisions of this

Bylaw govern from the Effective Date onward. In particular, no

application for a Development Permit shall be evaluated under the

procedural or substantive provisions of the previous Land Use Bylawafter the Effective Date, even if the application was received before

the Effective Date.

2.6 Any Direct Control Districts that were in effect immediately prior to

the Effective date are hereby deemed to continue in full force and

effect and are hereby incorporated into Part IV of this Bylaw.

contd.


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FILE: SDAB-D-13-0679:00 A.M.

SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICERS COMMENTS(CONTINUED)

2.7 Unless there is an explicit statement to the contrary in a Direct

Control District or Provision, any reference in a Direct ControlDistrict or Direct Control Provision to a land use bylaw shall be

deemed to be a reference to the land use bylaw that was in effect at

the time of the creation of the Direct Control District or Provision.

At the time of the creation of the subject DC site, the City of Edmonton

Land Use Bylaw 5996 was in effect. A recent Court of Appeal decision in

Parkdale-Cromdale Community League Association v. Edmonton (City),2007 ABCA 309 concluded that Section 2.7 of the Edmonton Zoning Bylaw

only applies if there is an express cross-reference in a Direct Control bylaw

passed before 2001 to a provision of the old Land Use Bylaw. In theabsence of an express reference in the Direct Control Bylaw to the Land Use

Bylaw 5996, it does not prevail over Section 2.4 of the Edmonton Zoning

Bylaw.

The submitted plans indicates that the proposed detached Garage is 14.02

metres by 9.14 metres in size and is located 0.91 metres from the (north)

Rear Lot Line, and 24.50 metres from the (west) flanking Side Lot Line.Vehicular access to the detached Garage is from the (west) flanking Side

Yard on 190 Street.

The Development Officer provides the following information:

Site Area: 4,486.70 square metres

12 percent Allowable Site Coverage: 538.40 square metres

28 percent Allowable Site Coverage: 1,256.28 square metres

40 percent Allowable Site Coverage: 1,794.68 square metres

Proposed Accessory Building: 128.20 square metresExisting Principal Dwelling: 101.90 square metres

Proposed Total Site Coverage: 230.10 square metres

Section DC2.369.4(h) states an Accessory Building or Structure shall be in

accordance with Section 61.3 of the Land Use Bylaw.contd.


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FILE: SDAB-D-13-0679:00 A.M.


Section DC2.369.4(k) states Development in this District shall be evaluated

with the respect to compliance with the General Development Regulationsof Sections 50 to 79 inclusive of the Land Use Bylaw.

Section 61.3(2) of the Land Use Bylaw states an Accessory Building or

Structure shall not exceed 3.7 metres (12.0 feet) nor one storey in Height,except as provided in Sections 61.4 and 61.5.

Section 50.3(2) of the Edmonton Zoning Bylaw states an AccessoryBuilding or Structure shall not exceed 4.3 metres nor one Storey in Height.

The Development Officer determined that the Height of the proposed

development is 5.35 metres.

Under Section 9.1(28) of the Land Use Bylaw, Height means, when used

with reference to a building or structure, the vertical distance between thehorizontal plane through grade and a horizontal plane through:

a) the highest point of the roof in the case of a building with a flat roof

or a roof having a slope of less than 20 degrees; andb) the average level between eaves and ridges in the case of a pitched,

gambrel, mansard or hipped roof, or a roof having a slope of more

than 20 degrees; provided that in such cases the ridge line of the roof

shall not extend more than 1.5 metres (4.9 feet) above the maximumpermitted building Height of the District.

Under Section 6.1(46) of the Edmonton Zoning Bylaw, Height means, whenused with reference to a building or structure, the vertical distance between

the horizontal plane through grade and a horizontal plane through:

a. the highest point of the roof in the case of a building with a flat roofor a roof having a slope of less than 20 degrees; and

b. The average level between eaves and ridges in the case of a pitched,gambrel, mansard or hipped roof, or a roof having a slope of more

than 20 degrees; provided that in such cases the ridge line of the roof

shall not extend more than 1.5 metres above the maximum permittedbuilding Height of the Zone or in the case of a Garage Suite the

maximum permitted building Height in accordance with Section 87

of this Bylaw.contd.


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FILE: SDAB-D-13-0679:00 A.M.


Section DC2.369.1 states the General Purpose is to establish a Site Specific

Development Control District to accommodate rural residential developmenton lots a minimum of 0.4 hectares in size, without the full range of piped

urban utility services. The proposed District provides an interim solution to

fulfil City Council's directive that Mooncrest Park be designated as a

residential development, recognizing the current rural unserviced nature ofthe area and the long term likelihood of neighbourhood area structure plans

being prepared for the Mooncrest Park Subdivision and adjacent areas, as

proposed in the Kinokamau Plains Servicing Concept Design Brief.

Included under Comments in the Sustainable Development Department

POSSE System dated February 28, 2013, the Development Officer hasprovided the following information:

Applicant has approval from the SDAB but they want to move the

garage location.

As per Jack K this is a new application and will be refused.

Applicant is ok with this as they indicated it is their fault. Will goback to the SDAB.

The following permit applications are listed in the Sustainable Development

Department POSSE system:

Application

Number

Description Decision

125730765-002

SDAB-D-12-207

Construct an Accessory

Building (Detached

Garage, 14.02 metres by

9.14 metres) on Lot 19,Block 8, Plan 0024535

was refused due to an

excess in the maximumallowable Height.

September 13, 2012; that the appeal

be ALLOWED and the

DEVELOPMENT GRANTED and

the excess of 1.65 metres in themaximum allowable Height of an

Accessory Building or Structure be

permitted, subject to conditions.

contd.


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FILE: SDAB-D-13-0679:00 A.M.


Application

Number


125730765-001 To construct an

accessory building

(detached garage, 14.02

metres x 9.14 metres).

July 30, 2012; Refused.

125730660-001 To demolish an

Accessory Building(detached garage)

June 7, 2012; Approved with

condition.

69267376-001 To erect a Fence higherthan 1 metres in a

Required Yard (6 foot

fence on a corner lot)

July 18, 2007; Approved withvariance:

-

Section 49.1(b) relaxed - themaximum height of a fence from

1.0 metres to 1.83 metres in the

required front and flanking sideyard.

60139792-001 Compliance Certificate September 7, 2006; Your RealProperty Report, dated June 28,

2006 shows a Single Detached

House that complies with the DC2

(Site Specific DevelopmentControl) Zone, and The Mature

Neighbourhood Overlay

development regulations.

- The detached garage and shed

shown on the Real Property Reportcomplies with the regulations for

Accessory Buildings in Residential

Zones.

contd.


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FILE: SDAB-D-13-0679:00 A.M.


Application

Number


60139792-001

Continued- An Encroachment Agreement

(No. 41577174) was granted by the

City for the Fence onto 190 Street.

The City is waiting for signeddocuments returned from the

owners.

___________________________________________________________________

NOTICE TO APPLICANT/APPELLANT

Provincial legislation requires that the Subdivision and Development Appeal Board

issue its official decision in writing within fifteen days of the conclusion of thehearing. Bylaw No. 11136 requires that a verbal announcement of the Boards

decision shall be made at the conclusion of the hearing of an appeal, but the verbal

decision is not final nor binding on the Board until the decision has been given inwriting in accordance with the Municipal Government Act.

___________________________________________________________________


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Site Location File: SDAB-D-13-067

SURROUNDING LAND USE DISTRICTS


N


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II

ITEM II: 12:00 P.M. FILE: SDAB-D-13-068

AN APPEAL FROM THE DECISION OF THE DEVELOPMENT OFFICER

APPLICATION NO.: 134683056-001.

DEVELOPMENT OFFICERS DECISION DATE: February 26, 2013.ADDRESS OF APPELLANT: 8706118 Avenue NW, Edmonton, AB, T5B 0T1.

DATE OF APPEAL: March 8, 2013.

APPLICATION FOR PERMISSION TO: Convert the main floor and basement

of an existing building to a PersonalService Shop and to construct interior

and exterior alterations (stairs to

basement, new window on the southelevation); second floor remains

unchanged as a one Dwelling

Apartment.

ZONE: CB2 General Business Zone.LEGAL DESCRIPTION: Lot 15, Block 5, Plan 873EO.

MUNICIPAL DESCRIPTION: 8706118 Avenue NW.

___________________________________________________________________

DEVELOPMENT OFFICERS DECISION

REFUSED - The proposed development is refused for the following reasons:

1. The minimum number of required Off-street Parking Spaces shall

be 5 (Reference Section 821.3.7.c)

Proposed: 3

Deficient by: 2

2. The minimum number of required Loading Space shall be 1

(Reference Section 54.2.4)

Proposed: 0

Deficient by: 1

contd.


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FILE: SDAB-D-13-06812:00 P.M.

DEVELOPMENT OFFICERS DECISION (CONTINUED)

3. The minimum number of required Bicycle Parking Spaces shall be

5 (Reference Section 821.3.9)

Proposed: 0

Deficient by: 5

4. Where an application for a Development Permit does not comply

with the regulations contained in Section 821, Alberta Avenue

Pedestrian Commercial Shopping Street Overlay:a. the applicant shall contact the affected parties, being each

assessed owner of land wholly or partly located within a distance

of 60.0 metres of the Site of the proposed development and the

President of each affected Community League and the Presidentof each Business Revitalization Zone Association operating

within the distance described above, at least 21 days prior to

submission of a Development Application;b. the applicant shall outline to the affected parties, any requested

variances to the Overlay and solicit their comments on the

application;

c. the applicant shall document any opinions or concerns,expressed by the affected parties, and what modifications were

made to address their concerns; and

d. the applicant shall submit this documentation as part of theDevelopment Application. (Reference Section 821.3.25).

-- The Proposed development did not meet the overlay regulations,Section 821.3.7 and Section 821.3.9. However, the applicant failed

to provide the required documentation about the community

consultation.

NOTE:

Unless otherwise stated, all above references to section numbers

refer to the authority under the Edmonton Zoning Bylaw 12800.___________________________________________________________________

contd.


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FILE: SDAB-D-13-06812:00 P.M.

APPELLANTS SUBMISSION

Please accept this letter as our request to appeal the rejection of our project to

develop a Personal Service Shop and provide minimal exterior alterations to anexisting building.

The rejection of the application was based on three factors:

1. The site will accommodate three parking stalls whereas five parking stallsare required.

2.No loading space is indicated on the drawing.3. No bicycle parking spaces are indicated on the drawing.

The above deficiencies on the plan are minor in scope and should be considered in

the context of the site.

Please provide us with a date for an appeal hearing so that we may present our

project and discuss a possible resolution.___________________________________________________________________

SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICERS COMMENTS

This application is to convert the main floor and basement of an existing building to

a Personal Service Shop and to construct interior and exterior alterations (stairs to

basement, new window on the south elevation); second floor remains unchanged asa one Dwelling Apartment.

The site is located on the north side of 118 Avenue, west of 87 Street and is zoned

CB2 General Business Zone, Section 340 of the Edmonton Zoning Bylaw 12800.The site is within the Alberta Avenue Pedestrian Commercial Shopping Street

Overlay, Section 821. The site is within the Alberta Avenue / Eastwood Area

Redevelopment Plan, under Bylaw 5748 (as amended), approved by City Council

on August 15, 1979.

NOTE: A Personal Service Shop is a Permitted Use in the CB2 General Business

Zone, Section 340.2(20).

Apartment Housing is a Discretionary Use in the CB2 General Business

Zone, Section 340.3(3).

contd.


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FILE: SDAB-D-13-06812:00 P.M.


Under Section 7.4(41), Personal Service Shops means development used

for the provision of personal services to an individual which are related tothe care and appearance of the body, or the cleaning and repair of personal

effects. This Use Class includes barbershops, hairdressers, beauty salons,

tailors, dressmakers, shoe repair shops, and dry cleaning establishments and

laundromats. This Use Class does not include Health Services.

Under Section 7.2(1), Apartment Housing means development consisting

of one or more Dwellings contained within a building in which theDwellings are arranged in any horizontal or vertical configuration, which

does not conform to the definition of any other Residential Use Class.

Section 821.3(7)(c) and (d) states the minimum number of off-street parking

spaces required shall be in accordance with the provisions of Section 54,

Schedule 1 of this Bylaw, except that for all other Commercial Use Classes,

parking shall be provided on the basis of 1.1 parking spaces per 100 squaremetres of Floor Area; and Accessory vehicular parking shall be located at

the rear of the building.

The Development Officer determined that the Floor Area of the proposed

Personal Service Shop is 205.84 square metres; therefore 3 parking spaces

are required.

Section 54.2 Schedule 1(A)(1) states for Apartment Housing, where such

Uses contain three or more dwelling units (or where Semi-Detached

Housing, Duplex Housing, or Apartment Housing consisting of fewer thanthree dwelling units, comprise part of a Multi-Unit Project Development)

and are located within 400 metres of an existing LRT station or a future

LRT station with a Council-approved Concept Plan, within 400 metres of an

existing Transit Centre or a future Transit Centre with a Council-approved

Concept Plan, or within 100 metres of a Transit Avenue, a minimum of 1.25spaces per 3 or more bedroom Dwelling, to a maximum of 1.75 spaces per 3

or more bedroom Dwelling are required.

The Development Officer determined that the existing three-bedroom

Apartment House requires 2 parking spaces.

contd.


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FILE: SDAB-D-13-06812:00 P.M.


Section 54.2(4)(a)(i) and (vi) states all required parking spaces shall be

clear of any access driveways, aisles, ramps, columns, Signs or other similarobstructions, and shall conform to the following minimum dimensions:

except as provided below, each required off-street parking space shall be a

minimum of 2.6 metres width with a minimum clear length of 5.5 metres

exclusive of access drives or aisles, ramps, columns. Parking spaces shallhave a vertical clearance of at least 2.0 metres. For parallel parking, the

length of the parking spaces shall be increased to 7.0 metres, except that an

end space with an open end shall be a minimum length of 5.5 metres; andaisles shall be a minimum of 7.0 metres wide for 90 degree parking,

5.5 metres wide for 60 degree parking, and 3.6 metres wide for 45 degree

parking and parallel parking.

The Development Officer determined that the subject site with the

proposed Personal Service Shop and the existing Apartment House

requires 5 on-site parking spaces. The Development Officer determined

that 3 on-site parking spaces are proposed, which is deficient in the total

on-site parking spaces by 2.

Section 54.4 Schedule 3(1) states any development within the Commercial

or Industrial Use Classes, excluding Professional, Financial and Office

Support Services, with a Floor Area of less than 465 square metres requires

a minimum of one loading space.

The Development Officer determined that none are proposed;

therefore, the proposed development is deficient by one loading space.

Section 821.3(9) states Bicycle Parking spaces shall be provided in

accordance with Section 54 of the Edmonton Zoning Bylaw.

Section 54.3 Schedule 2(1) states all Residential and Residential-RelatedUse Classes of 20 Dwellings or more, and all Non-residential Use Classes

outside the boundaries of the Downtown Area Redevelopment Plan require

a minimum number of Bicycle Parking Spaces of 5 percent of the number ofvehicular parking spaces required under Schedule 1 to a maximum of 50

Bicycle Parking spaces with 5 Bicycle Parking spaces being the minimum to

be provided.contd.


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FILE: SDAB-D-13-06812:00 P.M.


The Development Officer determined that a total of 5 on-site Bicycle

Parking Spaces are required. None are proposed; therefore the

proposed development is deficient by 5 on-site Bicycle Parking Spaces.

Section 821.3(25) states where an application for a Development Permit

does not comply with the regulations contained in this Overlay:a. the applicant shall contact the affected parties, being each assessed

owner of land wholly or partly located within a distance of 60.0 metres

of the Site of the proposed development and the President of eachaffected Community League and the President of each Business

Revitalization Zone Association operating within the distance

described above, at least 21 days prior to submission of a DevelopmentApplication;

b. the applicant shall outline to the affected parties, any requestedvariances to the Overlay and solicit their comments on the application;

c. the applicant shall document any opinions or concerns, expressed bythe affected parties, and what modifications were made to address their

concerns; and

d. the applicant shall submit this documentation as part of theDevelopment Application.

The Development Officer indicated that the proposed development did

not meet this requirement.

Under Section 6.1(33), Floor Area means the total Floor Area of the

building or structure, contained within the outside surface of the exterior andBasement walls, provided that in the case of a wall containing windows, the

glazing line of windows may be used.

Under Section 6.1(25), Dwelling means a self contained unit comprised of

one or more rooms accommodating sitting, sleeping, sanitary facilities, anda principal kitchen for food preparation, cooking, and serving. A Dwelling is

used permanently or semi-permanently as a residence for a single

Household.

contd.


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FILE: SDAB-D-13-06812:00 P.M.


Under Section 6.1(102), Transit Avenue means a transportation corridor,

served by one or more bus routes that provide service throughout the day,seven days a week, as shown in Appendix I to Section 54.2. The bus routes

serving these areas operate with at least 15 minute frequency during

weekday peak, weekday midday periods, Saturday midday periods, and

Sunday midday periods and may connect major trip generators, LRTstations and Transit Centres. The land uses along these corridors are

oriented toward the street.

Under Section 6.1(12), Bicycle Parking means a rack, railing, locker, or

other structurally sound device which is designed for the securing of one or

more bicycles in an orderly fashion.

Section 821.1 states the purpose of this Overlay is to facilitate development

of a pedestrian-oriented character to commercial and mixed use

developments along 118 Avenue, between 76 and 105 Streets, in closeproximity to residential areas, in accordance with the Avenue Initiative

Revitalization Strategy and Plans in effect for this area of the City.

Section 340.1 states the purpose of this Zone it to provide for businesses that

require large Sites and a location with good visibility and accessibility

along, or adjacent to, major public roadways.

Included in the Sustainable Development Departments POSSE system,

under DOCS is a Technical Review, dated February 26, 2013 by the

Development Officer. A Copy of the Technical Review is on file.

Included under Justification in the Sustainable Development Department

POSSE System dated February 26, 2013, the Development Officer has

provided the following information:

Parking, loading and bicycle parking regulations are not met.

The proposed development did not meet the overlay regulations.However, the applicant failed to provide the required community

consultation documents.

contd.


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FILE: SDAB-D-13-06812:00 P.M.


Given the above observations, the proposed development would

unduly interfere with the amenities of the neighbourhood, ormaterially interfere with or affect the use, enjoyment or value of

neighbouring properties in the opinion of the Development Officer.

The following permit applications are listed in the Sustainable DevelopmentDepartment POSSE system:

Application

Number


116020374-001 Compliance Certificate October 14, 2011; Stamped.

103652-001 To convert the second

floor of a Commercial

Building to a singledwelling unit.

August 11, 1993; Approved with

conditions.

103650-001 To operate a HouseholdRepair Service with an

accessory minor

secondhand store (Repair

and Sales of New andUsed TV, Camcorders,

etc.).

August 3, 1993; Approved withconditions.

29805-001 To operate an office for a

courier service from an

office / retail building.

January 1, 1987; Created.

___________________________________________________________________

NOTICE TO APPLICANT/APPELLANT

Provincial legislation requires that the Subdivision and Development Appeal Board

issue its official decision in writing within fifteen days of the conclusion of thehearing. Bylaw No. 11136 requires that a verbal announcement of the Boards

decision shall be made at the conclusion of the hearing of an appeal, but the verbal

decision is not final nor binding on the Board until the decision has been given inwriting in accordance with the Municipal Government Act.

___________________________________________________________________


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Site Location File: SDAB-D-13-068

SURROUNDING LAND USE DISTRICTS


N


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Meeting No. 13/13 Thursday, April 4, 2013

BUSINESS LAID OVER

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SDAB-D-13-048 An appeal to change the Use of a portion of a Convenience Retail Store toMinor Alcohol Sales and to construct interior and exterior alterations.

April 25, 2013-----------------------------------------------------------------------------------------------------------------------

subdivision and development appeal board hearing - april 4

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