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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. 31HR2/11 Thursday, 9:00 A.M.
August 4, 2011
Hearing Room No. 2
Main Floor, Churchill Building
Meeting No.: 31HR2/11 Thursday, August 4, 2011
SUBDIVISION AND DEVELOPMENT APPEAL BOARD
HEARING ROOM No. 2
Page 1 of 2
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TO BE RAISED9:00 A.M.
108230858-001 / SDAB-D-11-115 / Construct a second floor addition to a Single Detached House (existing without permits).
11724 – 88 Street NW / I
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TO BE RAISED9:45 A.M.
99189955-001 / SDAB-D-11-132 / To construct a General Retail Store building (four Commercial Retail Units).
10538 – 82 Avenue NW / II
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BREAK – 10:15 A.M. TO 10:30 A.M.
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10:30 A.M.112248064-001 / SDAB-D-11-155 / Construct an Accessory Building (Shed 6.10 metres by 3.05 metres).
13412 – 71 Street NW / III
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11:30 A.M.110862730-002 / SDAB-D-11-156 / Hardsurfacing in required Front Yard – expanding driveway (existing without permit).
10412 – 35 Avenue NW / IV
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LUNCH BREAK – 12:30 P.M. TO 1:00 P.M.
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1:00 P.M.110767882-001 / SDAB-D-11-157 / Construct an addition to an existing On-Premises Freestanding Sign (2.44 metres by 1.2 metres Animation panel) and to construct an On-Premises Freestanding Animation Sign (2.44 metres by 1.2 metres Electronic Message Centre).
101 – Millbourne Road East NW / V
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Meeting No.: 31HR2/11 Thursday, August 4, 2011
SUBDIVISION AND DEVELOPMENT APPEAL BOARD
HEARING ROOM No. 2
Page 2 of 2
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2:30 P.M.111339134-001 / SDAB-D-11-158 / Change the Use from General Retail and Specialty Food Service to a Restaurant (158 square metres Public Space and 54 occupants) and Accessory Commercial School and to construct interior and exterior alterations.
10750 – 124 Street NW / VI
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NOTE: Unless otherwise stated, all references to “Section numbers” in this Agenda refer to the authority under the Edmonton Zoning Bylaw 12800.
Meeting No. 31HR2/11 Thursday, August 4, 2011
I
TO BE RAISED
ITEM I: 9:00 A.M. FILE: SDAB-D-11-115
AN APPEAL FROM THE DECISION OF THE DEVELOPMENT OFFICER
APPELLANT: Application No.:108230858-001.
DEVELOPMENT OFFICER’S DECISION DATE: May 5, 2011.
ADDRESS OF APPELLANT: 374 – Heath Road NW, Edmonton, AB, T6R 2T8.
DATE OF APPEAL: May 18, 2011.
APPLICATION FOR PERMISSION TO: Construct a second floor addition to a Single Detached House (existing without permits).
ZONE: RF3 Low Density Development Zone.
LEGAL DESCRIPTION: Lot 21, Block 74, Plan RN43B.
MUNICIPAL DESCRIPTION: 11724 – 88 Street NW.
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DEVELOPMENT OFFICER’S DECISION
““REFUSED – The proposed development was refused for the following reason:
A non-conforming building may continue to be used but the building may not be enlarged, added to, rebuilt or structurally altered except
(a) to make it a conforming building,
(b) for routine maintenance of the building, if the development authority considers it necessary, or
(c) in accordance with a land use bylaw that provides minor variance powers to the development authority for the purposes of this section.
The building is non-conforming for the following reason:
The minimum Side Yard shall be 1.2 metres. (Reference Section 110.4(8)(a))
Existing: 0.94 metres
Deficient by: 0.26 metres”
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cont’d....
Meeting No. 31HR2/11 Thursday, August 4, 2011
FILE: SDAB-D-11-115
9:00 A.M.
APPELLANT’S SUBMISSION
“Section 643(5)(c) of the Municipal Government Act allows for a non-conforming building to be enlarged or added to “in accordance with a land use bylaw that provides minor variance powers to the development authority for the purposes of this section”. The non-conforming element of the building is a 26 centimetres encroachment into the side yard. The development authority has the authority to relax this setback and provide for a variance for the side yard. As the second storey addition does not increase this variance, nor does the addition increase the footprint of the building, this variance should be granted and the development permit approved. Additionally, the home owner was not made aware of the variance upon purchase of the home, as a Real Property Report was not provided at the time of sale. The home owner was unaware that the building was non-conforming and acted as such.”
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SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
This application is to construct a second floor addition to a Single Detached House (existing without permits).
The site is located north of 117 Avenue, on the west side of 88 Street, and is zoned RF3 Low Density Development Zone, Section 140 of the Edmonton Zoning Bylaw 12800. The site is within the Mature Neighbourhood Overlay, Section 814. The site is also within the Parkdale Area Structure Plan, under Bylaw 6765 (as amended), approved by City Council on January 24, 1984.
NOTE: On June 15, 2011, the Subdivision and Development Appeal Board made and passed the following motion:
“that the SDAB-D-11-115 be TABLED TO JULY 7, 2011 at the written request of the Contractor on behalf of the Appellant”.
On July 7, 2011, the Subdivision and Development Appeal Board made and passed the following motion:
cont’d....
Meeting No. 31HR2/11 Thursday, August 4, 2011
FILE: SDAB-D-11-115
9:00 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS (CONTINUED)
“that the appeal be TABLED TO AUGUST 4, 2011 to allow the Appellant to conduct adequate community consultation with the affected parties as required under the Mature Neighbourhood Overlay and submit the results of that community consultation, in writing, to the satisfaction of the Board on or before August 4, 2011.”
The submitted Real Property Report by Hagen Surveys (1982) Ltd., dated April 30, 1998, shows that the lot is 10.06 metres by 36.58 metres in size.
The Single Detached House is non-conforming for the following reason:
1. Section 140.4(8)(a) states that Side Yards shall total at least 20 percent of the Site Width, but the requirement shall not be more than 6.0metres with a minimum Side Yard of 1.2metres except that the minimum Side Yard for buildingsover 7.5metres in Height shall be 2.0metres. The minimum required Side Yard is 1.2 metres. The existing north Side Yard is 0.94 metres.
The current Single Detached House is NON-CONFORMING pursuant to Section 643 of the Municipal Government Act.
Section 643 of the Municipal Government Act, Chapter M-26, states the following:
(1) If a development permit has been issued on or before the day on which a land use bylaw or a land use amendment bylaw comes into force in a municipality and the bylaw would make the development in respect of which the permit was issued a non-conforming use or non-conforming building, the development permit continues in effect in spite of the coming into force of the bylaw.
(2) A non-conforming use of land or a building may be continued but if that use is discontinued for a period of 6 consecutive months or more, any future use of the land or building must conform with the land use bylaw then in effect.
cont’d….
Meeting No. 31HR2/11 Thursday, August 4, 2011
FILE: SDAB-D-11-115
9:00 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS (CONTINUED):
(3) A non-conforming use of part of a building may be extended throughout the building but the building, whether or not it is a non-conforming building, may not be enlarged or added to and no structural alterations may be made to it or in it.
(4) A non-conforming use of part of a lot may not be extended or transferred in whole or in part to any other part of the lot and no additional buildings may be constructed on the lot while the non-conforming use continues.
(5) A non-conforming building may continue to be used but the building may not be enlarged, added to, rebuilt or structurally altered except
a) to make it a conforming building,
b) for routine maintenance of the building, if the development authority considers it necessary, or
c) in accordance with a land use bylaw that provides minor variance powers to the development authority for the purposes of this section.
Section 11.3(3) states that the Development Officer may approve, with or without conditions as a Class B Development, an enlargement, alteration or addition to a legal non-conforming building if the non-conforming building complies with the uses prescribed for the land in this Bylaw and the proposed development would not, in his opinion:
a) unduly interfere with the amenities of the neighbourhood; or
b) materially interfere with or affect the use, enjoyment or value of neighbouring properties.
Section 140.4(8)(a) states that Side Yards shall total at least 20 percent of the Site Width, but the requirement shall not be more than 6.0metres with a minimum Side Yard of 1.2metres except that the minimum Side Yard for buildingsover 7.5metres in Height shall be 2.0metres. The required minimum Side Yard is 1.2 metres, existing is 0.94 metres, which is deficient by 0.26 metres.
cont’d….
Meeting No. 31HR2/11 Thursday, August 4, 2011
FILE: SDAB-D-11-115
9:00 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS (CONTINUED):
Section 814.3(13)(a) states where the Site Width is 12.0 metres or less, the minimum for each interior Side Yard shall be 1.2 metres, regardless of building Height.
The second floor addition exists without permits and extends the existing non-conforming Side Yard in a vertical direction.
Under Section 6.1(82), Side Yard means that portion of a Site abutting a Side Lot Line extending from the Front Yard to the Rear Yard. The Side Yard shall be situated between the Side Lot Line and a line on the Site parallel to it, at a specified distance from it, and measured at a right angle to it along its full length;
The Development Officer provides the following information:
Site Area: 367.75 square metres
12 percent Allowable Site Coverage: 44.13 square metres
28 percent Allowable Site Coverage: 102.97 square metres
40 percent Allowable Site Coverage: 147.10 square metres
Existing Detached Garage: 21.22 square metres
Existing Principle Dwelling: 72.42 square metres
Total Site Coverage: 93.64 square metres
Section 140.4(5) states the maximum total Site Coverage shall not exceed 40 percent, with a maximum of 28 percent for a principal building and a maximum of 12 percent for Accessory Buildings.
Under Section 6.1(84), Site Coverage means the total horizontal area of all buildings or structures on a Site which are located at or higher than 1.0 metres above grade, including Accessory Buildings or Structures, calculated by perpendicular projection onto a horizontal plane from one point located at an infinite distance above all buildings and structures on the Site. This definition shall not include:
a. steps, eaves, cornices, and similar projections;
cont’d….
Meeting No. 31HR2/11 Thursday, August 4, 2011
FILE: SDAB-D-11-115
9:00 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS (CONTINUED):
b. driveways, aisles and parking lots unless they are part of a Parking Garage which extends 1.0 metres or more above grade; or
c. unenclosed inner and outer courts, terraces and patios where these are less than 1.0 metres above grade.
Included under “Comments” in the Planning and Development Department POSSE System dated May 5, 2011, the Development Officer has provided the following information:
RF3 - MNO - Parkdale.
This addition has started without permits. The north side yard is 0.94 metres. This addition is adding to the non-conformity of the house.
The second floor is at the same distant from the property line as the main floor, so it is adding to the non conformity of the building.
Lot area 367.75 square metres
House 72.42 square metres
Garage: 21.22 square metres
Total 93.64 square metres (25.4 percent)
Front yard is 7.31 metres
Rear 18.15 metres
Right 0.94 metres
Left 2.89 metres
Height 6.0 metres approximately
The following permit applications are listed in the Planning and Development POSSE system:
cont’d....
Meeting No. 31HR2/11 Thursday, August 4, 2011
FILE: SDAB-D-11-115
9:00 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED):
Application Number / Description / Decision51014383-001 / Compliance Certificate / October 13, 2005; *** REVISED OCTOBER 13, 2005
In response to your letter dated September 27, 2005, this is to advise you that the building (Single Detached House and Uncovered Deck) indicated on the Real Property Report dated September 22, 2005, and signed by H. Cummings, Alberta Land Surveyor, does NOT comply with the following yard regulations governing RF3 (Low Density Development) Zone and The Mature Neighbourhood Overlay:
-Where the Site Width is 12.0 metres or less, the minimum for each interior Side Yard shall be 1.2 metres, regardless of building Height; (Reference Section 814.3(13)(a)).
However, the building is NON-CONFORMING pursuant to Section 643(1) of the Municipal Government Act. Section 643(5) of the Municipal Government Act states:
"643(5) A non-conforming building may continue to be used but the building may not be enlarged, added to, rebuilt or structurally altered except
cont’d....
Meeting No. 31HR2/11 Thursday, August 4, 2011
FILE: SDAB-D-11-115
9:00 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED):
Application Number / Description / Decision51014383-001
Continued / (a) to make it a conforming building,
(b) for routine maintenance of the building, if the development authority considers it necessary, or
(c) in accordance with a land use bylaw that provides minor variance powers to the development authority for the purposes of this section."
The Accessory Building (detached garage) shown on the subject document complies with the yard regulations of Section 50.3 (Accessory Buildings in Residential Zones).
647764-001 / Compliance Certificate / May 8, 1998; In response to your letter dated May 4,1998, this is to advise you that the building (Single Detached House, Covered Front Porch and Covered Rear Porch) indicated on the Real Property Report dated April 30,1998 and signed by D.J. Hagen, Alberta Land Surveyor, does NOT comply with the following yard regulations governing RF3 (Low Density Redevelopment) Districts:
- Section 140.4(8)(a) requires that the minimum side yard shall be 1.2 metres (3.94 feet).
cont’d....
Meeting No. 31HR2/11 Thursday, August 4, 2011
FILE: SDAB-D-11-115
9:00 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS