Minutes for Quasi-Judicial Standing Committee January 30, 2006 Meeting

QUASI-JUDICIAL STANDING COMMITTEE MINUTES

Monday, January 30, 2006

ALSO IN ATTENDANCE:
J. Wright, Office of the City Clerk

A.CALL TO ORDER AND RELATED BUSINESS

A.1.CALL TO ORDER

Councillor B. Anderson called the meeting to order at 1:34 p.m.

A.5.EXPLANATION OF THE APPEAL HEARING PROCESS

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

A.3.ADOPTION OF MINUTES

MOVED M. Nickel:

That the October 27, 2005, Quasi-Judicial Standing Committee meeting minutes be adopted.

CARRIED

FOR THE MOTION:B. Anderson, K. Leibovici, M. Nickel.

Q.MATTERS RELATED TO THE QUASI-JUDICIAL STANDING COMMITTEE

Q.1.APPEAL HEARINGS

Q.1.a.Appeal Notice – Gary Sumlak, 10513 – 76 Avenue, Edmonton – Order Issued Pursuant to Section 546(1)(c) of the Municipal Government Act

MOVED M. Nickel:

That the Committee hear from J. Paul, an interested party.

CARRIED

FOR THE MOTION:B. Anderson, K. Leibovici, M. Nickel.

G. Sumlak, Appellant, made a presentation and answered the Committee’s questions.

A set of photographs of the subject property taken by Administration on January 30, 2006, 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.

J. Paul, an interested party, made a presentation and answered the Committee’s questions.

J. Wright, Office of the City Clerk, answered the Committee’s questions.

Councillor B. Anderson asked if the Appellant would like to provide closing comments or respond to anything arising from the presentations.

G. Sumlak, Appellant, made a further presentation.

Councillor B. Anderson asked if Administration would like to provide closing comments.

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

DECISION BY THE QUASI-JUDICIAL STANDING COMMITTEE ON APPEAL NOTICE - Gary Sumlak, 10513 – 76 Avenue, Edmonton – Order Issued Pursuant to Section 546(1)(c) of the Municipal Government Act

In dealing with this appeal, the Quasi-Judicial Standing Committee heard from G. Sumlak, Appellant; J. Paul, an interested party; and J. Wilson, Planning and Development Department. Recent photographs of the subject property were also reviewed.

On behalf of the Committee, Councillor M. Nickel stated: “Based on the evidence presented the Committee finds the property to be in an unsightly condition, and varies the Order as follows:

1.Allow the Appellant 30 days from January 30, 2006, to tidy the property
(compliance date being March 2, 2006).

2.Allow one unregistered vehicle to remain on the driveway.”

MOVED M. Nickel:

CARRIED

FOR THE MOTION:B. Anderson, K. Leibovici, M. Nickel.

Q.1.b.Appeal Notice – Vicky W. Wong, 11344 - 85 Street, Edmonton – Order Issued Pursuant to Section 546(1)(c) of the Municipal Government Act

J. Wright, Office of the City Clerk, advised the Committee that the Appellant, V. W. Wong, had requested a postponement of this hearing as she was not feeling well, however her agent,
Y. Leung, was at the meeting.

J. Wright, Office of the City Clerk, answered the Committee’s questions.

Y. Leung, representing V. W. Wong, Appellant, made a presentation regarding the request to postpone the hearing.

J. Wright, Office of the City Clerk, advised the Committee that M. Leung, public trustee for
V. W. Wong, Appellant, was also in attendance at the meeting.

M. Leung, public trustee for V. W. Wong, Appellant, made a presentation regarding the request to postpone the hearing.

J. Wilson, Planning and Development Department, made a presentation regarding the request to postpone the hearing and answered the Committee’s questions.

J. Wright, Office of the City Clerk, answered the Committee’s questions.

MOVED M. Nickel:

That the request to postpone the hearing be denied.

CARRIED

FOR THE MOTION:B. Anderson, K. Leibovici, M. Nickel.

MOVED B. Anderson:

That the Committee hear from Y. Leung, representing V. W. Wong; and
M. Leung, public trustee for V. W. Wong.

CARRIED

FOR THE MOTION:B. Anderson, K. Leibovici, M. Nickel.

Y. Leung, representing V. W. Wong, Appellant, made a presentation and answered the Committee’s questions.

A set of photographs of the subject property taken by Administration on January 30, 2006, was provided to M. Leung, public trustee for V. W. Wong, Appellant, and a second set was circulated to Members of the Committee and then filed with the Office of the City Clerk.

M. Leung, public trustee for V. W. Wong, indicated that she did not wish to make a presentation.

J. Wright, Office of the City Clerk, answered the Committee’s questions.

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

Councillor B. Anderson asked if Y. Leung, representing V. W. Wong, Appellant, would like to provide closing comments or respond to anything arising from the presentations.

Y. Leung, representing V. W. Wong, Appellant, made a further presentation and answered the Committee’s questions.

MOVED M. Nickel:

That the Committee meet in private pursuant to section 4 of the Freedom of Information and Protection of Privacy Act.

CARRIED

FOR THE MOTION: B. Anderson, K. Leibovici, M. Nickel.

The Committee met in private at 2:55 p.m.

MOVED M. Nickel:

That the Committee meet in public.

CARRIED

FOR THE MOTION: B. Anderson, K. Leibovici, M. Nickel.

The Committee met in public at 3:03 p.m.

DECISION BY THE QUASI-JUDICIAL STANDING COMMITTEE ON APPEAL NOTICE - Vicky W. Wong, 11344 - 85 Street, Edmonton – Order Issued Pursuant to Section 546(1)(c) of the Municipal Government Act

The Quasi-Judicial Standing Committee heard from Y. Leung, representing V. W. Wong, Appellant; M. Leung, public trustee for V. W. Wong; and J. Wilson regarding the request to postpone the hearing. The Committee denied the request to postpone the hearing.

In dealing with this appeal, the Quasi-Judicial Standing Committee heard from Y. Leung, representing V. W. Wong, Appellant; and J. Wilson, Planning and Development Department. Recent photographs of the subject property were also reviewed.

On behalf of the Committee, Councillor M. Nickel stated: “In hearing today’s appeal, 11344 – 85 Street, we have considered the following evidence: photographs of the property taken this morning; the submission by Y. Leung, representing V. W. Wong, Appellant; M. Leung, public trustee for V. W. Wong; and a submission by J. Wilson, Planning and Development Department. The Committee, in considering the evidence, finds the property to be untidy and unsightly and therefore upholds the Order to Ms. V. W. Wong, dated November 9, 2005.”

MOVED M. Nickel:

CARRIED

FOR THE MOTION:B. Anderson, K. Leibovici, M. Nickel.

Q.1.c.Appeal Notice – David Hung Che Leung, 9618 – 106A Avenue, Edmonton – Order Issued Pursuant to Section 546(1)(c) of the Municipal Government Act

J. Wright, Office of the City Clerk, advised the Committee that the Appellant, D. Hung Che Leung, would not be in attendance. However, three interested parties were in attendance who wished to address the Committee.

MOVED B. Anderson:

That the Committee hear from M. Leung, R. Stack and S. Yeung, interested parties.

CARRIED

FOR THE MOTION:B. Anderson, K. Leibovici, M. Nickel.

A set of photographs of the subject property taken by Administration on January 30, 2006, was circulated to Members of the Committee and then filed with the Office of the City Clerk. A copy of the photographs was mailed to B. W. Mielke, legal counsel for D. Hung Che Leung, the Appellant, as previously requested by the Appellant.

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

J. Wright, Office of the City Clerk, answered the Committee’s questions.

M. Leung, interested party, made a presentation and answered the Committee’s questions.

R. Stack, interested party, made a presentation.

S. Yeung, interested party, made a presentation and answered the Committee’s questions.

Councillor B. Anderson asked if Administration would like to provide closing comments.

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

J. Wright, Office of the City Clerk, answered the Committee’s questions.

DECISION BY THE QUASI-JUDICIAL STANDING COMMITTEE ON APPEAL NOTICE - David Hung Che Leung, 9618 – 106A Avenue, Edmonton – Order Issued Pursuant to Section 546(1)(c) of the Municipal Government Act

In dealing with this appeal, the Quasi-Judicial Standing Committee heard from M. Leung,
R. Stack and S. Yeung, interested parties; and J. Wilson, Planning and Development Department. A written submission from D. Hung Che Leung was reviewed. Recent photographs of the subject property were also reviewed. The Committee did not hear from the Appellant, D. Hung Che Leung, who was not in attendance.

On behalf of the Committee, Councillor M. Nickel stated: “In hearing today’s appeal, 9618 – 106A Avenue, we have considered the following evidence: photographs of the property taken this morning; a submission by J. Wilson, Planning and Development Department; submissions from R. Stack, S. Yeung and M. Leung, interested parties. The Committee, in considering the evidence, finds the property to be untidy and unsightly and therefore upholds the Order to
D. Hung Che Leung, dated November 18, 2005.

MOVED M. Nickel:

CARRIED

FOR THE MOTION:B. Anderson, K. Leibovici, M. Nickel.

MOVED M. Nickel:

CARRIED

FOR THE MOTION:B. Anderson, K. Leibovici, M. Nickel.

Enforceability of Orders Issued

MOVED M. Nickel:

CARRIED

FOR THE MOTION:B. Anderson, K. Leibovici, M. Nickel.

MOVED M. Nickel:

That the Committee recess for five minutes.

CARRIED

FOR THE MOTION:B. Anderson, K. Leibovici, M. Nickel.

The Committee recessed at 3:55 p.m.

The Committee reconvened at 4 p.m.

Q.1.d.Appeal Notice – Shairose Esmail, 12843 – 67 Street, Edmonton – Order Issued Pursuant to Section 546(1)(c) of the Municipal Government Act

S. Esmail, Appellant, was not in attendance at the meeting.

A set of photographs of the subject property taken by Administration on January 30, 2006, was circulated to Members of the Committee and then filed with the Office of the City Clerk. A copy of the photographs was mailed to S. Esmail, Appellant.

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

DECISION BY THE QUASI-JUDICIAL STANDING COMMITTEE ON APPEAL NOTICE - – Shairose Esmail, 12843 – 67 Street, Edmonton – Order Issued Pursuant to Section 546(1)(c) of the Municipal Government Act

In dealing with this appeal, the Quasi-Judicial Standing Committee heard from J. Wilson, Planning and Development Department. Recent photographs of the subject property were also reviewed. S. Esmail, Appellant, was not in attendance at the meeting.

On behalf of the Committee, Councillor M. Nickel stated: “In hearing today’s appeal, 12843 – 67 Street, we have considered the following evidence: photographs of the property taken this morning; and a submission by J. Wilson, Planning and Development Department. The Committee, in considering the evidence, finds the property to be untidy and unsightly and therefore upholds the Order to S. Esmail, dated November 24, 2005.

MOVED M. Nickel:

CARRIED

FOR THE MOTION:B. Anderson, K. Leibovici, M. Nickel.

O.ADJOURNMENT

The meeting adjourned at 4:05 p.m.

______

CHAIRCITY CLERK

______

Quasi-Judicial Standing Committee

Meeting Minutes1 of 9

January 30, 2006, nr

INDEX

QUASI JUDICIAL STANDING COMMITTEE MEETING

JANUARY 30, 2006

A.CALL TO ORDER AND RELATED BUSINESS

A.1. CALL TO ORDER

A.5. EXPLANATION OF THE APPEAL HEARING PROCESS

A.3. ADOPTION OF MINUTES

Q. MATTERS RELATED TO THE QUASI-JUDICIAL STANDING COMMITTEE

Q.1. APPEAL HEARINGS

Q.1.a. Appeal Notice – Gary Sumlak, 10513 – 76 Avenue, Edmonton – Order Issued Pursuant to Section 546(1)(c) of the Municipal Government Act

Q.1.b.Appeal Notice – Vicky W. Wong, 11344 - 85 Street, Edmonton – Order Issued Pursuant to Section 546(1)(c) of the Municipal Government Act

Q.1.c.Appeal Notice – David Hung Che Leung, 9618 – 106A Avenue, Edmonton – Order Issued Pursuant to Section 546(1)(c) of the Municipal Government Act

Enforceability of Orders Issued

Q.1.d.Appeal Notice – Shairose Esmail, 12843 – 67 Street, Edmonton – Order Issued Pursuant to Section 546(1)(c) of the Municipal Government Act

O. ADJOURNMENT