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Quasi-Judicial Standing Committee
Meeting Minutes1 of 5
June 20, 2005, nr
QUASI-JUDICIAL STANDING COMMITTEE MINUTES
Monday, June 20, 2005
MEMBERS: / PRESENT:J. Batty, Chair / J. Batty
E.Gibbons
R.Hayter / R.Hayter
J.Melnychuk / J.Melnychuk
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 1:35 p.m.
A.3.ADOPTION OF MINUTES
MOVED R.Hayter:
That the May 16, 2005, Quasi-Judicial Standing Committee meeting minutes be adopted.
CARRIED
FOR THE MOTION:J. Batty, R.Hayter, 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 – AndrewLeung – 3511 - 11 Avenue NW, Edmonton - Order to Remedy Unsightly Property (Pursuant to Section 546 of the Municipal Government Act)
MOVED J.Melnychuk:
That the Committee hear from A.Leung, representing the Appellant.
CARRIED
FOR THE MOTION: J. Batty, R.Hayter, J.Melnychuk.
A. Leung, representing the Appellant, made a presentation and answered the Committee’s questions.
A set of photographs of the subject property taken by Administration today was provided to
A.Leung, representing 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.
The Chair asked if there were any other interested parties present who wished to speak to the appeal.
A. Leung, representing the Appellant, made a further presentation and answered the Committee’s questions.
J. Wilson, Planning and Development Department, answered the Committee’s questions.
MOVED J.Melnychuk:
That the Committee meet in private pursuant to section 4 of the Freedom of Information and Protection of Privacy Act.
carried
FOR THE MOTION:J. Batty, R.Hayter, 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, R.Hayter, J.Melnychuk.
The Committee met in public at 2:16 p.m.
DECISION BY THE QUASI-JUDICIAL STANDING COMMITTEE ON APPEAL NOTICE - Andrew Leung – 3511 - 11 Avenue NW, Edmonton - Order to Remedy Unsightly Property (Pursuant to Section 546 of the Municipal Government Act)
In dealing with this appeal, the Quasi-Judicial Standing Committee heard from A.Leung, representing the Appellant; and J. Wilson, Planning and Development Department. Recent photographs of the subject property were also reviewed. The Committee did not hear from
A.Leung, the Appellant, who was not in attendance.
On behalf of the Committee, Councillor J. Battystated “That based on the evidence that is before us and the photographs that we saw today, we find the property to be very untidy and unsightly andwe do move to vary the Order to remedy the unsightly property. The change is that the number of bikes and garbage receptacles are to be to the satisfaction of the bylaw officer, and that they be stored in a neat and tidy position. Furtherwe ask Administrationto contact the Health Authority and Fire Inspector in respect to any potential health and fire hazards.”
MOVED J. Batty:
1.That the Order to Remedy Unsightly Property (Pursuant to Section 546 of the Municipal Government Act) dated May 13, 2005, be upheld with the following variation:that the number of bikes and garbage receptacles to be to the satisfaction of the bylaw officer, and that they be stored in a neat and tidy position.2.That Administration contact the Health Authority and the Fire Inspector in respect to any potential health and fire hazards. / Planning & Dev.
CARRIED
FOR THE MOTION: J. Batty, R.Hayter, J.Melnychuk.
Q.1.b.Appeal Notice – Edith B. Rizzo – 11223 – 86 Street NW, Edmonton - Order to Remedy Unsightly Property (Pursuant to Section 546 of the Municipal Government Act)
MOVED J. Batty:
That the Committee hear from J.Nicol, an interested party.
CARRIED
FOR THE MOTION: J. Batty, R.Hayter, J.Melnychuk.
J. Wright indicated to the Committee that E.B.Rizzo, Appellant, has requested that J.Nicol, an interested party, accompany her during her presentation.
E. B.Rizzo, Appellant, made a presentation and answered the Committee’s questions.
J.Nicol, an interested party, answered the Committee’s questions.
A set of photographs of the subject property taken by Administration today was provided to the Appellant, and a second set circulated to Members of the Committee and then filed with the Office of the City Clerk.
Councillor J. Batty asked if J.Nicol, an interested party, would like to make a presentation.
J.Nicol indicated she did not have anything further to present.
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.Nicol, an interested party, made a presentation.
MOVED R.Hayter:
That the Committee meet in private pursuant to section 4 of the Freedom of Information and Protection of Privacy Act.
carried
FOR THE MOTION:J. Batty, R.Hayter, J.Melnychuk.
The Committee met in private at 2:47 p.m.
MOVED R.Hayter:
That the Committee meet in public.
carried
FOR THE MOTION:J. Batty, R.Hayter, J.Melnychuk.
The Committee met in public at 2:50 p.m.
DECISION BY THE QUASI-JUDICIAL STANDING COMMITTEE ON APPEAL NOTICE - Edith B. Rizzo – 11223 – 86 Street NW, Edmonton - Order to Remedy Unsightly Property (Pursuant to Section 546 of the Municipal Government Act)
In dealing with this appeal, the Quasi-Judicial Standing Committee heard from E. B. Rizzo, Appellant; J. Nicol, 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 J. Batty stated “The Committee will be upholding the Order to remedy but we will vary the Order: that the date to comply be September 6, 2005. The Committee based their decision on the photosthat we saw that were brought forward by
Mr. Wilson and certainly the property is untidy and is unsightly but we do recognize that this is a personal situation and that you do require another extension of time in order to fulfil your obligation so we will, as a result of looking at the photos and from your presentation, we will vary the Order to September 6, 2005.”
MOVED J. Batty:
That the Order to Remedy Unsightly Property (Pursuant to Section 546 of the Municipal Government Act) dated May 5, 2005, be upheld with the following variation: the compliance date be varied to September 6, 2005. / Planning & Dev.CARRIED
FOR THE MOTION: J. Batty, R.Hayter, J.Melnychuk.
Q.1.c.Appeal Notice – DwayneHemmaway and MarilynHemmaway –9107 – 75 Avenue NW, Edmonton - Order to Remedy Unsightly Property (Pursuant to Section 546 of the Municipal Government Act)
This appeal was withdrawn as the property now complies with the City of Edmonton Bylaw 10406.
O.ADJOURNMENT
The meeting adjourned at 2:53 p.m.
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CHAIRCITY CLERK
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Quasi-Judicial Standing Committee
Meeting Minutes1 of 5
June 20, 2005, nr
INDEX
QUASI-JUDICIAL STANDING COMMITTEE MINUTES
JUNE 20, 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
Q.MATTERS RELATED TO THE QUASI-JUDICIAL STANDING COMMITTEE
Q.1. APPEAL HEARINGS
Q.1.a. Appeal Notice – Andrew Leung – 3511 - 11 Avenue NW, Edmonton - Order to Remedy Unsightly Property (Pursuant to Section 546 of the Municipal Government Act)
Q.1.b.Appeal Notice – Edith B. Rizzo – 11223 – 86 Street NW, Edmonton - Order to Remedy Unsightly Property (Pursuant to Section 546 of the Municipal Government Act)
Q.1.c.Appeal Notice – Dwayne Hemmaway and Marilyn Hemmaway –9107 – 75 Avenue NW, Edmonton - Order to Remedy Unsightly Property (Pursuant to Section 546 of the Municipal Government Act)
O.ADJOURNMENT