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S U B D I V I S I O N<br />

A N D<br />

D E V E L O P M E N T A P P E A L<br />

B O A R D<br />

A G E N D A<br />

Meeting No. 48HR2/12<br />

Thursday, 9:00 A.M.<br />

November 29, 2012<br />

Hearing Room No. 2<br />

Main Floor, Churchill Building


2<br />

Meeting No.: 48HR2/12 Thursday, November 29, 2012<br />

SUBDIVISION AND DEVELOPMENT APPEAL BOARD<br />

HEARING ROOM NO. 2<br />

-----------------------------------------------------------------------------------------------------------------------<br />

TO BE RAISED<br />

9:00 A.M.<br />

128984239-001<br />

SDAB-D-12-292<br />

Leslie and Connie<br />

Rattai VS Don and<br />

Donna Danyluk<br />

Construct a rear two-tier<br />

uncovered deck (irregular<br />

shape – 12.57 metres by<br />

9.14 metres) with<br />

accessory swimming pool<br />

267 Wilson Lane NW<br />

-----------------------------------------------------------------------------------------------------------------------<br />

LUNCH BREAK – 11:30 A.M. TO 12:00 P.M.<br />

-----------------------------------------------------------------------------------------------------------------------<br />

12:00 P.M.<br />

129445843-001<br />

SDAB-D-12-316 Baidar Rana Extend an existing rear<br />

uncovered deck (7.32<br />

metres by 3.74 metres by<br />

1.25 metres high)<br />

4604 Donsdale Drive NW<br />

-----------------------------------------------------------------------------------------------------------------------<br />

1:30 P.M.<br />

130128719-001<br />

SDAB-D-12-317 Daniel Lachance<br />

VS Tina Marois<br />

III<br />

Operate a Major Home<br />

Based Business (Bed and<br />

Breakfast – one room)<br />

4706 – 35 Avenue NW<br />

-----------------------------------------------------------------------------------------------------------------------<br />

I<br />

II<br />

NOTE:<br />

Unless otherwise stated, all references to “Section numbers” in this <strong>Agenda</strong> refer<br />

to the authority under the <strong>Edmonton</strong> Zoning Bylaw 12800.


3<br />

Meeting No. 48HR2/12 Thursday, November 29, 2012<br />

I<br />

ITEM I: 9:00 A.M.<br />

FILE: SDAB-D-12-292<br />

AN APPEAL FROM THE DECISION OF THE DEVELOPMENT OFFICER BY<br />

AN ADJACENT PROPERTY OWNER<br />

APPELLANT: Application No.: 128984239-001.<br />

DEVELOPMENT OFFICER’S DECISION DATE: October 1, 2012.<br />

NOTIFICATION OF APPEAL PERIOD: N/A.<br />

ADDRESS OF APPELLANT: 269 Wilson Lane, <strong>Edmonton</strong>, AB, T6M 2K8.<br />

DATE OF APPEAL: October 4, 2012.<br />

RESPONDENT:<br />

ADDRESS OF RESPONDENT: 267 Wilson Lane, <strong>Edmonton</strong>, AB, T6M 2K3.<br />

APPLICATION FOR PERMISSION TO:<br />

Construct a rear two tier uncovered<br />

deck (irregular shape – 12.57 metres<br />

by 9.14 metres) with an accessory<br />

swimming pool.<br />

ZONE: RF1 Single Detached Residential Zone.<br />

LEGAL DESCRIPTION: Lot 87, Block 15, Plan 9022384.<br />

MUNICIPAL DESCRIPTION: 267 Wilson Lane NW.<br />

___________________________________________________________________<br />

DEVELOPMENT OFFICER’S DECISION<br />

“APPROVED - The proposed development is approved subject to the following<br />

conditions:<br />

Any future deck enclosure or cover requires a separate<br />

development and building permit approval.<br />

An approved Development Permit means that the proposed<br />

development has been reviewed against the provisions <strong>of</strong> this<br />

bylaw. It does not remove obligations to conform with other<br />

legislation, bylaws or land title instruments such as the Municipal<br />

Government Act, the <strong>Edmonton</strong> Building Permit Bylaw or any<br />

caveats, covenants or easements that might be attached to the Site.<br />

(Reference Section 5.2).”<br />

___________________________________________________________________<br />

cont’d….


4<br />

Meeting No. 48HR2/12 Thursday, November 29, 2012<br />

APPELLANT’S SUBMISSION<br />

FILE: SDAB-D-12-292<br />

9:00 A.M.<br />

“1. Unsightly, with no consideration to the impact on our property.<br />

2. Will devalue our property.<br />

3. This is not a simple open deck. There is a 12 foot high stucco wall<br />

extending from the house to within 3 feet <strong>of</strong> our fence and running along our<br />

fence for over 10 feet. It should be considered as site coverage for the<br />

property as it looks like an extension <strong>of</strong> the house exterior.<br />

4. No permits were taken out prior to construction.”<br />

___________________________________________________________________<br />

SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS<br />

This application is to construct a rear two tier uncovered deck (irregular shape -<br />

12.57 metres by 9.14 metres) with accessory swimming pool.<br />

The site is located on the north side <strong>of</strong> Wilson Lane and is zoned RF1 Single<br />

Detached Residential Zone, Section 110 <strong>of</strong> the <strong>Edmonton</strong> Zoning Bylaw 12800.<br />

NOTE: The Subdivision and Development Appeal Board at a hearing on November<br />

1, 2012 made and passed the following motion:<br />

“that SDAB-D-12-292 be TABLED to November 29, 2012.<br />

The subject appeal hearing is tabled in order for the Respondent to<br />

provide to the Board a detailed Site Plan drawn to scale, showing the<br />

Setbacks, Site Coverage, Projections and Height <strong>of</strong> the existing and<br />

proposed development on the subject site. This plan shall be<br />

provided to the Board Office on or before November 23, 2012, in<br />

order to provide an opportunity for review and comment from the<br />

Sustainable Development Department.”<br />

Under Section 685(3) <strong>of</strong> the Municipal Government Act, “no appeal lies in<br />

respect <strong>of</strong> the issuance <strong>of</strong> a development permit for a Permitted Use unless<br />

the provisions <strong>of</strong> the land use bylaw were relaxed, varied or misinterpreted.”<br />

Section 110.2(4) states a Single Detached House is a Permitted Use in the<br />

RF1 Single Detached Residential Zone.<br />

cont’d….


5<br />

Meeting No. 48HR2/12 Thursday, November 29, 2012<br />

FILE: SDAB-D-12-292<br />

9:00 A.M.<br />

SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS<br />

(CONTINUED)<br />

This application was approved by the Development Officer subject to<br />

several conditions and no variances.<br />

The decision <strong>of</strong> approval by the Development Officer has been appealed by<br />

an adjacent property owner at 269 Wilson Lane, immediately west <strong>of</strong> the<br />

subject site.<br />

The submitted plans indicate that the irregular shaped two tier uncovered<br />

deck is 12.57 metres by 9.14 metres in size and is attached to the west<br />

elevation <strong>of</strong> the existing principal building. A 15 foot by 24 foot swimming<br />

pool is positioned 54 inches above the upper deck. Noted on the plans is<br />

the following:<br />

“Area being developed behind existing 6 feet high fence and out <strong>of</strong><br />

sight <strong>of</strong> neighbour, with exception <strong>of</strong> a 12 feet 9 inch wide, 11 feet 9<br />

inch high stucco deck solid wall that matches exterior <strong>of</strong> house, a<br />

wall which provides privacy both ways and is partially hidden<br />

behind trees.”<br />

Section 110.4(1) states the maximum Height shall not exceed 10.0 metres<br />

nor 2 1/2 Storeys.<br />

Under Section 110.4(5), the maximum total Site Coverage shall not exceed<br />

40 percent, with a maximum <strong>of</strong> 28 percent for a principal building and a<br />

maximum <strong>of</strong> 12 percent for Accessory Buildings.<br />

Section 50.1(4) state where any building or structure on a Site is attached to<br />

a principal building on the Site by a ro<strong>of</strong>, an open or enclosed structure<br />

above grade, a floor or a foundation which is above grade, or any structure<br />

below grade allowing access between the buildings such as a Parking<br />

Garage or a corridor or passageway connecting the buildings, it is a part <strong>of</strong><br />

the principal building and is not an Accessory Building.<br />

Under Section 110.4(7), the minimum Rear Setback shall be 7.5 metres,<br />

except in the case <strong>of</strong> a corner Site it shall be 4.5 metres.<br />

cont’d….


6<br />

Meeting No. 48HR2/12 Thursday, November 29, 2012<br />

FILE: SDAB-D-12-292<br />

9:00 A.M.<br />

SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS<br />

(CONTINUED)<br />

Under Section 110.4(8)(a), Side Setbacks shall total at least 20 percent <strong>of</strong><br />

the Site Width, with a minimum Side Setback <strong>of</strong> 1.2 metres, except that the<br />

minimum Side Setback for buildings over 7.5 metres in Height shall be<br />

2.0 metres.<br />

Under Section 110.4(8)(d), on a corner Site where the building fronts on a<br />

flanking public roadway other than a Lane, the minimum Side Setback<br />

abutting the flanking public roadway shall be 4.5 metres<br />

Under Section 44.3(b), Platform Structures may project into a required<br />

Setback or Separation Space, provided such projections do not exceed 0.6<br />

metres into Setbacks or Separation Spaces with a depth <strong>of</strong> less than 4.0<br />

metres.<br />

Platform Structures means structures projecting from the wall <strong>of</strong> a<br />

building that may be surrounded by guardrails or parapet walls. Common<br />

structures include: balconies, raised terraces and decks. (Section 6.1(71))<br />

Accessory means, when used to describe a Use or building, a Use or<br />

building naturally or normally incidental, subordinate, and exclusively<br />

devoted to the principal Use or building, and located on the same lot or Site<br />

(Section 6.1(2)).<br />

Section 6.1(90) states that Site Coverage means the total horizontal area <strong>of</strong><br />

all buildings or structures on a Site which are located at or higher than 1.0<br />

metre above grade, including Accessory Buildings or Structures, calculated<br />

by perpendicular projection onto a horizontal plane from one point located<br />

at an infinite distance above all buildings and structures on the Site. This<br />

definition shall not include:<br />

a) steps, eaves, cornices, and similar projections;<br />

b) driveways, aisles and parking lots unless they are part <strong>of</strong> a Parking<br />

Garage which extends 1.0 metre or more above grade; or<br />

c) unenclosed inner and outer courts, terraces and patios where these are<br />

less than 1.0 metre above grade.<br />

cont’d….


7<br />

Meeting No. 48HR2/12 Thursday, November 29, 2012<br />

FILE: SDAB-D-12-292<br />

9:00 A.M.<br />

SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS<br />

(CONTINUED)<br />

The following permit application is listed in the Sustainable Development<br />

Department POSSE system:<br />

Application Description<br />

Number<br />

128984239-002 To construct exterior<br />

alternations (change Upper<br />

Second Storey Windows to<br />

Patio Doors), existing without<br />

permits<br />

Decision<br />

October 1, 2012; Approved<br />

with conditions:<br />

- Any future deck enclosure<br />

or cover requires a separate<br />

development and building<br />

permit approval.<br />

- Immediately upon<br />

completion <strong>of</strong> the building<br />

additions, the site shall be<br />

cleared <strong>of</strong> all debris.<br />

128984239-002 - As far as reasonably<br />

practicable, the design and<br />

use <strong>of</strong> exterior finishing<br />

materials used shall be<br />

similar to, or better than, the<br />

standard <strong>of</strong> surrounding<br />

development.<br />

- Note: A Building Permit is<br />

Required for any<br />

construction or change in<br />

use <strong>of</strong> a building.<br />

cont’d….


8<br />

Meeting No. 48HR2/12 Thursday, November 29, 2012<br />

FILE: SDAB-D-12-292<br />

9:00 A.M.<br />

SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS<br />

(CONTINUED)<br />

Application Description<br />

Decision<br />

Number<br />

128269102-001 Violation Notice August 30, 2012; An<br />

inspection <strong>of</strong> the above<br />

noted property by this<br />

Department revealed that a<br />

Uncovered Deck is being<br />

constructed from this<br />

location for which,<br />

according to our records, no<br />

development permit has<br />

been issued.<br />

- You must obtain a<br />

development permit for the<br />

Uncovered Deck or<br />

dismantle the structure and<br />

remove it from the site.<br />

42223095-001 Compliance Certificate September 27, 2004;<br />

Review completed<br />

906074-002 Encroachment onto <strong>City</strong> Right<strong>of</strong>-Way<br />

July 13, 2000; Review<br />

(address pillars completed<br />

encroach)<br />

906074-001 Compliance Certificate June 6, 2000; That the<br />

building (Single Detached<br />

House and Attached<br />

Garage) indicated on the<br />

Real Property Report dated<br />

May 29, 2000, Alberta Land<br />

Surveyor, complies with the<br />

yard regulations governing<br />

RF1 (Single Detached<br />

Residential) Districts.<br />

- You are also advised that<br />

the ADDRESS PILLARS<br />

encroach onto the 2.00<br />

metres Right <strong>of</strong> Way # 902


9<br />

906074-001<br />

(continued)<br />

90982-001 To construct a Single detached<br />

House with attached garage,<br />

deck and fireplace.<br />

258 038 and WILSON<br />

LANE. Should you require<br />

an Encroachment<br />

Agreement for purposes <strong>of</strong><br />

conveyance, please contact<br />

the Encroachment Officer<br />

August 7, 1992; Approved<br />

___________________________________________________________________<br />

NOTICE TO APPLICANT/APPELLANT<br />

Provincial legislation requires that the Subdivision and Development Appeal Board<br />

issue its <strong>of</strong>ficial decision in writing within fifteen days <strong>of</strong> the conclusion <strong>of</strong> the<br />

hearing. Bylaw No. 11136 requires that a verbal announcement <strong>of</strong> the Board’s<br />

decision shall be made at the conclusion <strong>of</strong> the hearing <strong>of</strong> an appeal, but the verbal<br />

decision is not final nor binding on the Board until the decision has been given in<br />

writing in accordance with the Municipal Government Act.<br />

___________________________________________________________________


11<br />

Meeting No. 48HR2/12 Thursday, November 29, 2012<br />

II<br />

ITEM II: 12:00 P.M.<br />

FILE: SDAB-D-12-316<br />

AN APPEAL FROM THE DECISION OF THE DEVELOPMENT OFFICER<br />

APPELLANT: Application No.: 129445843-001.<br />

DEVELOPMENT OFFICER’S DECISION DATE: October 11, 2012.<br />

ADDRESS OF APPELLANT: 5008 Donsdale Drive NW, <strong>Edmonton</strong> AB<br />

T6M 2V2.<br />

DATE OF APPEAL: November 5, 2012.<br />

APPLICATION FOR PERMISSION TO:<br />

Extend an existing rear uncovered<br />

deck (7.32 metres by 3.74 metres by<br />

1.25 metres high.<br />

ZONE: RF1 Single Detached Residential Zone.<br />

LEGAL DESCRIPTION: Lot 86, Block 54, Plan 0625493.<br />

MUNICIPAL DESCRIPTION: 4604 Donsdale Drive NW.<br />

___________________________________________________________________<br />

DEVELOPMENT OFFICER’S DECISION<br />

“REFUSED - The proposed development is refused for the following reasons:<br />

The following features may project into a required Setback or<br />

Separation Space as provided for below:<br />

Platform Structures provided such projections do not exceed 2.0<br />

metres into Setbacks or Separation Spaces with a depth <strong>of</strong> at least 4.0<br />

metres:<br />

Proposed:<br />

Exceeds by:<br />

3.53 metres<br />

1.53 metres<br />

The maximum total site coverage shall not exceed 40 percent, with a<br />

maximum <strong>of</strong> 28 percent for the principal building and a maximum <strong>of</strong><br />

12 percent for accessory buildings. Where a garage is attached to or<br />

designed as an integral part <strong>of</strong> a Dwelling the maximum for the<br />

principal building shall be 40 percent. (Reference Section 110.4(5))<br />

Proposed:<br />

42 percent<br />

Deficient by:<br />

2 percent.”<br />

___________________________________________________________________


cont’d…<br />

12


13<br />

Meeting No. 48HR2/12 Thursday, November 29, 2012<br />

FILE: SDAB-D-12-316<br />

12:00 P.M.<br />

APPELLANT’S SUBMISSION<br />

“The deck was built by the contractor. He told me he had a permit taken out and it<br />

was okay. Property report shows the deck is not in compliance.”<br />

___________________________________________________________________<br />

SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS<br />

This application is to extend an existing rear uncovered deck (7.32 metres by 3.74<br />

metres by 1.25 metres high).<br />

The site is located on the west side <strong>of</strong> Donsdale Drive, south <strong>of</strong> Darlington<br />

Crescent, and is zoned RF1 Single Detached Residential Zone, Section 110 <strong>of</strong> the<br />

<strong>Edmonton</strong> Zoning Bylaw. The site is within the West Jasper Place (South) Area<br />

Structure Plan under Bylaw 5768 (as amended), approved by <strong>City</strong> Council in<br />

September 1979 and within Donsdale Neighbourhood Structure Plan under Bylaw<br />

10933 (as amended), approved by <strong>City</strong> Council in May 1995.<br />

NOTE: Section 686(1)(a)(i) <strong>of</strong> the Municipal Government Act states “a development<br />

appeal to a subdivision and development appeal board is commenced by<br />

filing a notice <strong>of</strong> the appeal, containing reasons, with the board within 14<br />

days….after the date on which the person is notified <strong>of</strong> the order or decision<br />

or the issuance <strong>of</strong> the development permit.”<br />

The decision <strong>of</strong> refusal by the Development Officer is dated October 11,<br />

2012. Fourteen days from the decision date is October 25, 2012 and the<br />

Notice <strong>of</strong> Appeal was filed on November 5, 2012.<br />

The submitted Real Property Report dated July 18, 2012 indicates that the<br />

proposed uncovered deck (existing without permits) is 7.25 metres by 3.74<br />

metres in size, is attached to the rear (west) elevation <strong>of</strong> the existing<br />

principal dwelling and is located 3.97 metres from the (west) Rear lot line<br />

and 1.54 metres from the (north) Side lot line.<br />

The Development Officer has provided the following information:<br />

Site Area:<br />

817.47 square metres<br />

40 percent Allowable Site Coverage: 326.99 square metres<br />

cont’d…


14<br />

Meeting No. 48HR2/12 Thursday, November 29, 2012<br />

FILE: SDAB-D-12-316<br />

12:00 P.M.<br />

SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS<br />

(CONTINUED)<br />

Existing Principal Dwelling:<br />

Existing Deck:<br />

Proposed Total Site Coverage<br />

(including deck):<br />

315.97 square metres<br />

27.12 square metres<br />

343.09 square metres<br />

Section 6.1(90) states that Site Coverage means the total horizontal area <strong>of</strong><br />

all buildings or structures on a Site which are located at or higher than 1.0<br />

metre above grade, including Accessory Buildings or Structures, calculated<br />

by perpendicular projection onto a horizontal plane from one point located<br />

at an infinite distance above all buildings and structures on the Site. This<br />

definition shall not include:<br />

a) steps, eaves, cornices, and similar projections;<br />

b) driveways, aisles and parking lots unless they are part <strong>of</strong> a Parking<br />

Garage which extends 1.0 metre or more above grade; or<br />

c) unenclosed inner and outer courts, terraces and patios where these are<br />

less than 1.0 metre above grade.<br />

The maximum allowable Total Site Coverage is 326.99 square metres,<br />

proposed is 343.09 square metres, which exceeds the maximum<br />

allowable Total Site Coverage by 16.10 square metres.<br />

Under Section 110.4(7), the minimum Rear Setback shall be 7.5 metres,<br />

except in the case <strong>of</strong> a corner Site it shall be 4.5 metres.<br />

Under Section 44.3(a), Platform Structures may project into a required<br />

Setback or Separation Space, provided such projections do not exceed 2.0<br />

metres into Setbacks or Separation Spaces with a depth <strong>of</strong> at least 4.0<br />

metres.<br />

Platform Structures means structures projecting from the wall <strong>of</strong> a building<br />

that may be surrounded by guardrails or parapet walls. Common structures<br />

include: balconies, raised terraces and decks. (Section 6.1(71))<br />

The existing Rear Setback is 7.71 metres.<br />

cont’d…


15<br />

Meeting No. 48HR2/12 Thursday, November 29, 2012<br />

FILE: SDAB-D-12-316<br />

12:00 P.M.<br />

SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS<br />

(CONTINUED)<br />

Therefore, the deck may project 2.21 metres into the required setback (7.71<br />

metres – 7.5 metres = 0.21 metres + 2.00 metres), proposed is 3.74 metres<br />

and exceeds the maximum allowable the 1.53 metres.<br />

The following permit applications are listed in the Sustainable Development<br />

Department POSSE system:<br />

Application Description<br />

Decision<br />

Number<br />

126585599-002 Encroachment Agreement<br />

(onto <strong>City</strong> Right-<strong>of</strong>-Way)<br />

October 19, 2012; Agreement sent<br />

to Owner<br />

126585599-001 Compliance Certificate July 13, 2012; Your Real Property<br />

Report, dated May 25, 2012 shows<br />

a Single Detached House with<br />

Attached Garage and that complies<br />

with the RF1 (Single Detached<br />

Residential) Zone development<br />

regulations.<br />

-You are also advised that a search<br />

<strong>of</strong> our files revealed no record <strong>of</strong><br />

development approval for the<br />

extension <strong>of</strong> the Rear Uncovered<br />

Deck. Nor does it comply.<br />

-Platform Structures provided such<br />

projections do not exceed 2.0<br />

metres into Setbacks or Separation<br />

Spaces with a depth <strong>of</strong> at least 4.0<br />

metres; (Reference Section<br />

44.3(a)).<br />

-Development Permit No.<br />

89710876-001 approved the Rear<br />

Uncovered Deck as 7.32 metres by<br />

2.27 metres, but the Rear<br />

Uncovered Deck shown on the


16<br />

126585599-001<br />

(continued)<br />

Real Property Report is 7.25<br />

metres by 3.74 metres.<br />

A Development Permit and<br />

Building Permit must be obtained<br />

for the extension <strong>of</strong> this structure.<br />

To apply for a development and<br />

building permit, you must submit<br />

the required drawings as outlined<br />

in the enclosed brochure, as well<br />

as the appropriate fees. Any<br />

approval or refusal is subject to the<br />

right <strong>of</strong> appeal to the Subdivision<br />

and Development Appeal Board.<br />

89710876-007<br />

SDAB-D-10-096<br />

To construct an addition<br />

to a Single Detached<br />

House (3.66 metres by<br />

7.32 metres Rear Covered<br />

Deck)<br />

89710876-005 To construct an addition<br />

to a Single Detached<br />

House (3.66 metres by<br />

7.32 metres Rear Covered<br />

Deck)<br />

89710876-001 To construct a single<br />

detached house with<br />

attached garage, basement<br />

development, rear<br />

uncovered deck and<br />

fireplace.<br />

The Real Property Report also<br />

shows that the Stone Pillar<br />

encroaches onto the Utility Right<br />

<strong>of</strong> Way. The <strong>City</strong> requires an<br />

Encroachment Agreement for any<br />

unauthorized development within<br />

the utility right-<strong>of</strong>-way.<br />

April 30, 2010; “that the appeal be<br />

DENIED and the decision <strong>of</strong> the<br />

Development Authority<br />

CONFIRMED.”<br />

March 22, 2010; Refused<br />

November 5, 2009; Approved with<br />

conditions:<br />

…<br />

- Any future deck enclosure or<br />

cover requires a separate<br />

development and building permit<br />

approval.<br />

The rear uncovered deck is to be<br />

7.32 metres by 2.27 metres and<br />

under 0.93 metres in height to met<br />

the regulations.


17<br />

89710876-001<br />

(continued)<br />

NOTE: The applicant should be<br />

advised that there may be<br />

complications in obtaining a<br />

Development Permit for the future<br />

decks because <strong>of</strong> the deficient<br />

yards and site coverage<br />

regulations.<br />

…<br />

___________________________________________________________________<br />

NOTICE TO APPLICANT/APPELLANT<br />

Provincial legislation requires that the Subdivision and Development Appeal Board<br />

issue its <strong>of</strong>ficial decision in writing within fifteen days <strong>of</strong> the conclusion <strong>of</strong> the<br />

hearing. Bylaw No. 11136 requires that a verbal announcement <strong>of</strong> the Board’s<br />

decision shall be made at the conclusion <strong>of</strong> the hearing <strong>of</strong> an appeal, but the verbal<br />

decision is not final nor binding on the Board until the decision has been given in<br />

writing in accordance with the Municipal Government Act.<br />

___________________________________________________________________


19<br />

Meeting No. 48HR2/12 Thursday, November 29, 2012<br />

ITEM III: 1:30 P.M.<br />

III<br />

FILE: SDAB-D-12-317<br />

AN APPEAL FROM THE DECISION OF THE DEVELOPMENT OFFICER BY<br />

AN ADJACENT PROPERTY OWNER<br />

APPELLANT: Application No. 130128719-001.<br />

DEVELOPMENT OFFICER’S DECISION DATE: October 17, 2012.<br />

NOTICE OF APPEAL PERIOD: October 23, 2012 through November 5, 2012.<br />

ADDRESS OF APPELLANT: 4708 – 35 Avenue NW, <strong>Edmonton</strong> AB T6L 3P9.<br />

DATE OF APPEAL: November 2, 2012.<br />

RESPONDENT:<br />

ADDRESS OF RESPONDENT: 4706 – 35 Avenue NW, <strong>Edmonton</strong> AB T6L 3P9.<br />

APPLICATION FOR PERMISSION TO: Operate a Major Home Based Business<br />

(Bed and Breakfast – one room).<br />

ZONE: RF1 Single Detached Residential Zone.<br />

LEGAL DESCRIPTION: Lot 48, Block 14, Plan 7922359.<br />

MUNICIPAL DESCRIPTION: 4706 – 35 Avenue NW.<br />

__________________________________________________________________<br />

DEVELOPMENT OFFICER’S DECISION<br />

“APPROVED – The proposed development is approved subject to the following<br />

conditions:<br />

1. THIS BED & BREAKFAST IS APPROVED FOR ONE<br />

SLEEPING UNIT ONLY. ANY INCREASE WILL REQUIRE<br />

A SEPARATE DEVELOPMENT PERMIT.<br />

2. Cooking facilities shall not be located within the Sleeping<br />

Units. In addition to any other parking requirements <strong>of</strong> this<br />

Bylaw, one additional parking space shall be provided for each<br />

Sleeping Unit. (Reference Section 75.7).<br />

3. This Development Permit may be revoked or invalidated, at<br />

any time, if the Home Based Business as stated in the Permit<br />

Details, or if the character or appearance <strong>of</strong> the Dwelling or<br />

Accessory Building, changes. This includes mechanical or<br />

electrical equipment used which creates external noise or<br />

interference with home electronic equipment in adjacent<br />

Dwellings. (Reference Section 23.5)<br />

cont’d…


20<br />

Meeting No. 48HR2/12 Thursday, November 29, 2012<br />

FILE: SDAB-D-12-317<br />

1:30 P.M.<br />

DEVELOPMENT OFFICER’S DECISION (CONTINUED)<br />

4. There shall be no exterior display or advertisement other than<br />

an identification plaque or sign a maximum <strong>of</strong> 20 centimetres (8<br />

inches) by 30.5 centimetres (12 inches) in size located on the<br />

dwelling.<br />

5. This approval is for a 5 year period ONLY from the date <strong>of</strong><br />

this decision. A new Development Permit must be applied for to<br />

continue to operate the business from this location.<br />

Variances<br />

Section 54.2 schedule 1(5(a)): 1 required parking space for the<br />

Bed and Breakfast room relaxed to 0.”<br />

__________________________________________________________________<br />

APPELLANT’S SUBMISSION<br />

“Safety – for both children and the cul-de-sac.<br />

Parking is at a premium in our cul-de-sac. For example, garbage pickup<br />

complaints.”<br />

__________________________________________________________________<br />

SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS<br />

This application is to operate a Major Home Based Business (Bed and Breakfast,<br />

one room).<br />

The site is located in a cul-de-sac on the east side <strong>of</strong> 47 Street north <strong>of</strong> 35 Avenue<br />

and is zoned RF1 Single Detached Residential Zone, Section 110 <strong>of</strong> the <strong>Edmonton</strong><br />

Zoning Bylaw.<br />

NOTE:The proposed use, a Major Home Based Business, is listed as a<br />

Discretionary Use in the RF1 Zone, Section 110.3(5).<br />

cont’d…


21<br />

Meeting No. 48HR2/12 Thursday, November 29, 2012<br />

FILE: SDAB-D-12-317<br />

1:30 P.M.<br />

SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS<br />

(CONTINUED)<br />

Section 7.3(7) defines Major Home Based Business as development<br />

consisting <strong>of</strong> the use <strong>of</strong> an approved Dwelling or Accessory building by a<br />

resident <strong>of</strong> that Dwelling for one or more businesses such businesses may<br />

generate more than one business associated visit per day. The business use<br />

must be secondary to the residential Use <strong>of</strong> the building and shall not change<br />

the residential character <strong>of</strong> the Dwelling or Accessory building. The<br />

Dwelling may be used as a workplace by a non-resident. This Use Class<br />

includes Bed and Breakfast operations but does not include General Retail<br />

Sales.<br />

Bed and Breakfast Operation means a Dwelling where temporary sleeping<br />

accommodations, with or without meals, are provided for remuneration to<br />

members <strong>of</strong> the public (Section 6.1(11)).<br />

The Permit Detail indicates that the description <strong>of</strong> the business is short-term<br />

rental <strong>of</strong> 1 room in the home; the number <strong>of</strong> business related visits per day is<br />

one; the number <strong>of</strong> people living at the subject property is two and both<br />

reside at the subject site; and there are two vehicles registered to this<br />

property.<br />

This application was approved by the Development Officer subject to<br />

conditions.<br />

Pursuant to Section 11.3 and 11.4 and subject to the right <strong>of</strong> appeal to the<br />

Subdivision and Development Appeal Board, Section 21.1, the<br />

Development Officer granted the following variances:<br />

1. Section 54.2, Schedule 1(A)(8)(a) states that a Major Home Based<br />

Business Use (Bed and Breakfast) requires 1 parking space per guest<br />

room in addition to the parking required for the primary Dwelling. A<br />

Single Detached House requires a minimum <strong>of</strong> 2 parking spaces per<br />

Dwelling, it may be in tandem and may include 1 Garage space (Section<br />

54.2, Schedule 1(A)(3)).<br />

The required number <strong>of</strong> parking spaces is 3, proposed is 2 and a<br />

relaxation <strong>of</strong> 1 parking space was granted.<br />

cont’d…


22<br />

Meeting No. 48HR2/12 Thursday, November 29, 2012<br />

FILE: SDAB-D-12-317<br />

1:30 P.M.<br />

SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS<br />

(CONTINUED)<br />

The decision <strong>of</strong> approval by the Development Officer has been appealed by<br />

an adjacent property owner located at 4708-35 Avenue.<br />

Section 75 states that a Major Home Based Business shall comply with the<br />

following regulations:<br />

1. there shall be no exterior display or advertisement other than an<br />

identification plaque or Sign a maximum <strong>of</strong> 20 centimetres by 30.5<br />

centimetres in size located on the Dwelling;<br />

2. there shall be no mechanical or electrical equipment used that creates<br />

external noise, or visible and audible interference with home electronics<br />

equipment in adjacent Dwellings;<br />

3. the Major Home Based Business shall not generate pedestrian or<br />

vehicular traffic, or parking, in excess <strong>of</strong> that which is characteristic <strong>of</strong><br />

the Zone in which it is located;<br />

4. the number <strong>of</strong> non-resident employees or business partners working onsite<br />

shall not exceed two at any one time;<br />

5. there shall be no outdoor business activity, or outdoor storage <strong>of</strong><br />

material or equipment associated with the business. Indoor storage<br />

related to the business activity shall be allowed in either the Dwelling or<br />

Accessory buildings;<br />

6. the Major Home Based Business shall not change the principal character<br />

or external appearance <strong>of</strong> the Dwelling or Accessory buildings;<br />

7. a Bed and Breakfast Operation, operating as a Major Home Based<br />

Business shall have a maximum <strong>of</strong> two Sleeping Units. Cooking<br />

facilities shall not be located within the Sleeping Units. In addition to<br />

any other parking requirements <strong>of</strong> this Bylaw, one additional parking<br />

space shall be provided for each Sleeping Unit;<br />

cont’d…


23<br />

Meeting No. 48HR2/12 Thursday, November 29, 2012<br />

FILE: SDAB-D-12-317<br />

1:30 P.M.<br />

SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS<br />

(CONTINUED)<br />

8. in addition to the information requirements <strong>of</strong> subsection 13.1 <strong>of</strong> this<br />

Bylaw, each application for a Development Permit for the Use Class<br />

Major Home Based Business shall include a description <strong>of</strong> the business<br />

to be undertaken at the premises, an indication <strong>of</strong> the number <strong>of</strong> business<br />

visits per week, provision for parking, and where any materials or<br />

equipment associated with the business use are to be stored; and<br />

9. the Major Home Based Business shall not be allowed if, in the opinion<br />

<strong>of</strong> the Development Officer, such Use would be more appropriately<br />

located in a Commercial or Industrial Zone having regard for the overall<br />

compatibility <strong>of</strong> the Use with the residential character <strong>of</strong> the area.<br />

10. a Major Home Based Business shall not be allowed within the same<br />

principal Dwelling containing a Secondary Suite or within the same Site<br />

containing a Garage Suite or a Garden Suite and an associated principal<br />

Dwelling, unless the Home Based Business is a Bed and Breakfast<br />

Operation and the Secondary Suite or the Garage Suite or the Garden<br />

Suite is an integral part <strong>of</strong> the Bed and Breakfast Operation.<br />

Included under “Comments” in the Sustainable Development Department<br />

POSSE System dated October 16, 2012, the Development Officer has<br />

provided the following information:<br />

October 4, 2012<br />

I called Tina (applicant) today to discuss how she is renting the<br />

room, she said she rents out one <strong>of</strong> her smaller bedrooms in her<br />

home - it is in no way separated from the rest <strong>of</strong> the dwelling, does<br />

not contain cooking facilities. The rental is short - term, typically a<br />

few days, week or weeks. She said some months she rents for two<br />

weeks, others for a few days and that she rents mostly to students or<br />

people from out <strong>of</strong> town.<br />

October 16, 2012<br />

To operate a Bed and Breakfast - one room only, no cooking<br />

facilities.<br />

cont’d…


24<br />

Meeting No. 48HR2/12 Thursday, November 29, 2012<br />

FILE: SDAB-D-12-317<br />

1:30 P.M.<br />

SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS<br />

(CONTINUED)<br />

Parking:<br />

Section 75.7: a Bed and Breakfast Operation, operating as a Major<br />

Home Based Business shall have a maximum <strong>of</strong> two Sleeping Units.<br />

Cooking facilities shall not be located within the Sleeping Units. In<br />

addition to any other parking requirements <strong>of</strong> this Bylaw, one<br />

additional parking space shall be provided for each Sleeping Unit.<br />

Single detached house: 2 spaces<br />

Major Home Based Business: 1 space for 1 B & B room<br />

total required: 3<br />

Provided: 2 in tandem (single car driveway leading to rear yard, no<br />

garage)<br />

Included under “Justification” in the Sustainable Development Department<br />

POSSE System dated October 17, 2012, the Development Officer has<br />

provided the following information:<br />

Class B approval:<br />

Bed and Breakfast is a Major Home Based Business, discretionary<br />

use.<br />

The approval has a 5 year limit. At the present the operation is<br />

minimal, in the opinion <strong>of</strong> the Development Authority there is no<br />

impact to the surrounding property owners.<br />

__________________________________________________________________<br />

NOTICE TO APPLICANT/APPELLANT<br />

Provincial legislation requires that the Subdivision and Development Appeal Board<br />

issue its <strong>of</strong>ficial decision in writing within fifteen days <strong>of</strong> the conclusion <strong>of</strong> the<br />

hearing. Bylaw No. 11136 requires that a verbal announcement <strong>of</strong> the Board’s<br />

decision shall be made at the conclusion <strong>of</strong> the hearing <strong>of</strong> an appeal, but the verbal<br />

decision is not final nor binding on the Board until the decision has been given in<br />

writing in accordance with the Municipal Government Act.<br />

__________________________________________________________________


26<br />

Meeting No. 48/12 Thursday, November 29, 2012<br />

BUSINESS LAID OVER (Page 1 <strong>of</strong> 2)<br />

-----------------------------------------------------------------------------------------------------------------------<br />

SDAB-D-12-280 An appeal to construct and operate as a Gas Bar (canopy structure with 2<br />

stations) and reconfigure the accessory parking lot in a Shopping Centre<br />

December 6, 2012<br />

-----------------------------------------------------------------------------------------------------------------------<br />

SDAB-D-12-293 An appeal to comply with an Order to cease the operation <strong>of</strong> the “Non-<br />

Accessory Parking” and completely prohibit vehicular access to the site with<br />

barricades on or before October 22, 2012<br />

December 6, 2012<br />

-----------------------------------------------------------------------------------------------------------------------<br />

SDAB-D-12-294 An appeal to comply with an Order to cease the operation <strong>of</strong> the “Non-<br />

Accessory Parking” and completely prohibit vehicular access to the site with<br />

barricades on or before October 22, 2012<br />

December 6, 2012<br />

-----------------------------------------------------------------------------------------------------------------------<br />

SDAB-D-12-295 An appeal to comply with an Order to cease the operation <strong>of</strong> the “Non-<br />

Accessory Parking” and completely prohibit vehicular access to the site with<br />

barricades on or before October 22, 2012<br />

December 6, 2012<br />

------------------------------------------------------------------------------------------------------------------------<br />

SDAB-D-12-296 An appeal to comply with an Order to cease the operation <strong>of</strong> the “Non-<br />

Accessory Parking” and completely prohibit vehicular access to the site with<br />

barricades on or before October 22, 2012<br />

December 6, 2012<br />

-----------------------------------------------------------------------------------------------------------------------<br />

SDAB-D-12-277 An appeal construct one On-premises Freestanding Major Digital Sign<br />

(CHATEAU NOVA with 3.09 metres by 6.02 metres Digital panel)<br />

December 12 or 13, 2012<br />

-----------------------------------------------------------------------------------------------------------------------


27<br />

Meeting No. 48/12 Thursday, November 29, 2012<br />

BUSINESS LAID OVER (Page 2 <strong>of</strong> 2)<br />

------------------------------------------------------------------------------------------------------------------------<br />

SDAB-D-12-217 An appeal to comply with an Order to remove all large recreational vehicles,<br />

campers, motor homes, trailers and automobiles from this property location.<br />

December 12 or 13, 2012<br />

-----------------------------------------------------------------------------------------------------------------------<br />

SDAB-D-12-304 An appeal to construct a Detached Garage (7.62 metres by 10.97 metres<br />

(with a Garage Suite above Grade<br />

December 13, 2012<br />

-----------------------------------------------------------------------------------------------------------------------<br />

SDAB-D-12-118 An appeal to construct an Accessory Building (6.71 metres by 6.71 metres<br />

Detached Garage) and to demolish a Detached Garage (7.38 metres by 4.00<br />

metres)<br />

December 19, 2012<br />

-----------------------------------------------------------------------------------------------------------------------

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