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Quasi-Judicial Standing Committee

Meeting Minutes1 of 5

January 17, 2005, nr

QUASI-JUDICIAL STANDING COMMITTEE MINUTES

Monday, January 17, 2005

MEMBERS: / PRESENT
J. Batty, Chair / J. Batty
J.Melnychuk, Vice-Chair / J.Melnychuk
E.Gibbons / E.Gibbons
R.Hayter

ALSO IN ATTENDANCE:

J.Wright, Office of the City Clerk

A.CALL TO ORDER AND RELATED BUSINESS

A.1.CALL TO ORDER

Councillor J. Batty called the meeting to order at 1:30 p.m.

A.3.ADOPTION OF MINUTES

MOVED E.Gibbons:

That the November 17, 2004, Quasi-Judicial Standing Committee meeting minutes be adopted.

carried

FOR THE MOTION:J. Batty, E.Gibbons, J.Melnychuk.

A.5.EXPLANATION OF THE APPEAL HEARING PROCESS

Councillor J. Batty explained the appeal hearing process and asked if anyone objected to any Member of the Quasi-Judicial Committee hearing the appeals. No one objected.

Q.MATTERS RELATED TO THE QUASI-JUDICIAL STANDING COMMITTEE

Q.1.APPEAL HEARINGS

Q.1.a.Appeal Notice – JosephCharlesBaker –11344 – 92 Street NW, Edmonton - Order to Remedy Unsightly Property (Pursuant to Section 546 of the Municipal Government Act)

J. C.Baker, Appellant, made a presentation and answered the Committee’s questions.

A set of recent photographs of the subject property was provided to the Appellant and a second set was circulated to Members of the Committee and then filed with the Office of the City Clerk.

Copies of the September 9, 2004, Quasi-Judicial Standing Committee minutes, dealing with a previous Order on this property, were distributed to Members of the Committee and a copy was provided to the Appellant.

J. Wilson, Planning and Development Department, made a presentation and answered the Committee’s questions.

The Chair asked if there were any other interested parties present who wished to speak to the appeal.

J. C.Baker, Appellant, made a further presentation.

MOVED E.Gibbons:

That the Committee meet in private.

[Section 4 of the Freedom of Information and Protection of Privacy Act]

carried

FOR THE MOTION:J. Batty, E.Gibbons, J.Melnychuk.

The Committee met in private at 2:11 p.m.

MOVED J.Melnychuk:

That the Committee meet in public.

carried

FOR THE MOTION:J. Batty, E.Gibbons, J.Melnychuk.

The Committee met in public at 2:15 p.m.

DECISION BY THE QUASI-JUDICIAL STANDING COMMITTEE ON APPEAL NOTICE - Joseph Charles Baker – 11344 – 92 Street NW, Edmonton - Order to Remedy a Unsightly Property (Pursuant to Section 546 of the Municipal Government Act)

In dealing with this appeal, the Quasi-Judicial Standing Committee heard from J.C.Baker, Appellant, and J.Wilson, Planning and Development Department. Recent photographs of the subject property were also reviewed.

On behalf of the Committee, Councillor J. Batty stated “Based on the evidence presented today, the Committee finds the property to be untidy and unsightly and in contravention of the Nuisance Bylaw, and therefore upholds the Order with the following exceptions:

  1. The neatly stacked lumber shown in the picture taken January 17, 2005, may stay.
  2. The pre-built wall to be put down onto the ground may stay.
  3. The utility trailer, once all material and debris in the utility trailer hasbeen removed, may stay.

All remaining materials are to be removed to the satisfaction of the Bylaw Enforcement Officer.”

MOVED J. Batty:

That the December 17, 2004, compliance date stated in the Order dated December 3, 2004, be upheld with the following exceptions:
1.The neatly stacked lumber shown in the picture taken January 17, 2005, may stay.
2.The pre-built wall to be put down onto the ground may stay.
3.The utility trailer, once all material and debris in the utility trailer has been removed, may stay.
All remaining materials are to be removed to the satisfaction of the Bylaw Enforcement Officer. / Planning & Dev.

carried

FOR THE MOTION:J. Batty, E.Gibbons, J.Melnychuk.

Q.1.b.Appeal Notice – R. Neil Driscoll and Ada Driscoll – 189 Lee Ridge Road NW, Edmonton - Order to Remedy a Bylaw Contravention (Pursuant to Section 545 of the Municipal Government Act)

R. NeilDriscoll, Appellant, made a presentation and answered the Committee’s questions.

A set of recent photographs of the subject property was provided to the Appellant and a second set was circulated to Members of the Committee and then filed with the Office of the City Clerk.

J. Wilson, Planning and Development Department, made a presentation and answered the Committee’s questions.

A copy of the Notice to Comply was circulated to Members of the Committee for their review; a copy was provided to the Appellant, and a copy was filed with the Office of the City Clerk.

The Chair asked if there were any other interested parties present who wished to speak to the appeal.

R. NeilDriscoll, Appellant, made a further presentation.

MOVED J.Melnychuk:

That the Committee meet in private.

[Section 4 of the Freedom of Information and Protection of Privacy Act]

carried

FOR THE MOTION:J. Batty, E.Gibbons, J.Melnychuk.

The Committee met in private at 2:50 p.m.

MOVED E.Gibbons:

That the Committee meet in public.

carried

FOR THE MOTION:J. Batty, E.Gibbons, J.Melnychuk.

The Committee met in public at 2:54 p.m.

DECISION BY THE QUASI-JUDICIAL STANDING COMMITTEE ON APPEAL NOTICE - R. Neil Driscoll and Ada Driscoll – 189 Lee Ridge Road NW, Edmonton - Order to Remedy a Bylaw Contravention (Pursuant to Section 545 of the Municipal Government Act)

In dealing with this appeal, the Quasi-Judicial Standing Committee heard from R.NeilDriscoll, Appellant; and J.Wilson, Planning and Development Department. Recent photographs of the subject property were also reviewed.

On behalf of the Committee, Councillor J. Batty stated “We did meet and discuss and certainly you have experienced some undue hardships in moving so quickly and not finding places to put everything. So based on the evidence presented the Committee finds the property to be in contravention of the Nuisance Bylaw, but with the circumstances given by the Appellant, the Committee will vary the Order to February 28, 2005. The motion is that the January 16, 2005, compliance date stated in the Order dated December 22, 2004, be varied to February 28, 2005, and that the mattress still remaining in the front yard be removed and the remaining materials in the back yard be neatly stacked and covered to the satisfaction of the Bylaw Enforcement Officer.”

MOVED J. Batty:

That the January 16, 2005, compliance date stated in the Order dated December 22, 2004, be varied to February 28, 2005, and that the mattress still remaining in the front yard be removed and the remaining materials in the back yard be neatly stacked and covered to the satisfaction of the Bylaw Enforcement Officer. / Planning & Dev.

carried

FOR THE MOTION:J. Batty, E.Gibbons, J.Melnychuk.

O.ADJOURNMENT

The meeting adjourned at 2:57 p.m.

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CHAIRCITY CLERK

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Quasi-Judicial Standing Committee

Meeting Minutes1 of 5

January 17, 2005, nr

INDEX

QUASI-JUDICIAL STANDING COMMITTEE

JANUARY 17, 2005

A.CALL TO ORDER AND RELATED BUSINESS

A.1. CALL TO ORDER
A.3. ADOPTION OF MINUTES
A.5. EXPLANATION OF THE APPEAL HEARING PROCESS...... 1

Q. MATTERS RELATED TO THE QUASI-JUDICIAL STANDING COMMITTEE………………….

Q.1. APPEAL HEARINGS

Q.1.a. Appeal Notice – Joseph Charles Baker –11344 – 92 Street NW, Edmonton - Order to
Remedy aBylaw Contravention (Pursuant to Section 546 of the Municipal
Government Act)......

Q.1.b. Appeal Notice – R. Neil Driscoll and Ada Driscoll – 189 Lee Ridge Road NW,
Edmonton - Order to Remedy a Bylaw Contravention (Pursuant to Section 545 of the
Municipal Government Act)

O.ADJOURNMENT……………………………………………………………………………………………. 5