SUBDIVISION AND DEVELOPMENT APPEAL BOARD AGE NDA Meeting No. 47HR3/14 Wednesday, 9:00 A.M. November 26, 2014 Hearing Room No. 3 Main Floor, Churchill Building Meeting No. 47HR3/14 Wednesday, November 26, 2014 SUBDIVISION AND DEVELOPMENT APPEAL BOARD HEARING ROOM NO. 3 -------------------------------------------------------------------------------------------------------------------------------9:00 A.M. SDAB-D-14-301 CEASE construction. This I 153614664-012 Order is to be complied with IMMEDIATELY. 7320 – Ada Boulevard NW ------------------------------------------------------------------------------------------------------------------------------LUNCH BREAK – 12:30 P.M. to 1:00 P.M. -------------------------------------------------------------------------------------------------------------------------------1:00 P.M. SDAB-D-14-307 To Leave as Built a II 148609144-011 Single Detached House (overall Height). 9805 – 83 Avenue NW --------------------------------------------------------------------------------------------------------------------------------NOTE: Unless otherwise stated, all references to “Section numbers” in this Agenda refer to the authority under the Edmonton Zoning Bylaw 12800. Page 2 of 25 Meeting No. 47HR3/14 Wednesday, November 26, 2014 ITEM I: 9:00 A.M. FILE: SDAB-D-14-301 AN APPEAL FROM THE DECISION OF THE DEVELOPMENT OFFICER APPLICATION NO.: 153614664-012. ADDRESS OF APPELLANT: 7320 – Ada Boulevard Edmonton, AB T5B 4E5 APPLICATION TO: Appeal an Order to CEASE construction. This Order is to be complied with IMMEDIATELY. DECISION DATE: October 15, 2014. DATE OF APPEAL: October 24, 2014. APPLICATION TO: Appeal an Order to CEASE construction. This Order is to be complied with IMMEDIATELY. MUNICIPAL DESCRIPTION OF SUBJECT PROPERTY: 7320 – Ada Boulevard NW. LEGAL DESCRIPTION: Lot 1, Block 12, Plan 8073ET. ZONE: RF1 Single Zone. OVERLAY: Mature Neighbourhood Overlay. STATUTORY PLAN: Detached Residential Stadium Station Area Redevelopment Plan. __________________________________________________________________ Page 3 of 25 Meeting No. 47HR3/14 Wednesday, November 26, 2014 ITEM I: 9:00 A.M. FILE: SDAB-D-14-301 DEVELOPMENT OFFICER’S DECISION A check with Land Titles Office discloses that you are the registered owner(s) of the property located at 7320 – Ada Boulevard NW, legally described as Plan 8073ET Blk 1 Lot 12. LAND USE INFRACTION: The property is zoned RF1 (Single Detached Residential Zone) in accordance with Section 110 of the Edmonton Zoning Bylaw. The City of Edmonton has not issued a valid development permit to construct a Single Detached House, which is contrary to Section 683 of the Municipal Government Act, R.S. A. 2000, c.M-26.1. ORDER: Pursuant to Section 645 of the Municipal Government Act, R.S. A. 2000, YOU ARE HEREBY ORDERED TO: CEASE construction. This order is to be complied with IMMEDIATELY. CONSEQUENCES FOR NON-COMPLIANCE: In the event that a person fails to comply with an Order issued under Section 645, Section 646 of the Municipal Government Act authorizes the City to enter on the land and take any action necessary to carry out the Order. Section 553 (1)(h.1) of the Act provides that the costs and expenses of carrying out an order may be added to the tax roll of the property and Section 566(1), subject to subsection (2), a person who is found guilty of an offence under this Act is liable to a fine of not more than $10,000.00 or to imprisonment for not more than one year, or to both fine and imprisonment. The property will be inspected on or before October 29, 2014 to determine compliance with this Order. Failure to comply will result in action as described in Section 646. Page 4 of 25 Meeting No. 47HR3/14 Wednesday, November 26, 2014 ITEM I: 9:00 A.M. FILE: SDAB-D-14-301 DEVELOPMENT OFFICER’S DECISION (CONTINUED) YOU ARE HEREBY NOTIFIED that if Development has not CEASED by the deadline, the City will carry out the Order pursuant to Section 646 by returning the property to its approved state, and all the costs and expenses in doing so will be added to the tax roll pursuant to Section 553(1)(h.1) of the Municipal Government Act R.S.A. 2000. Following are Sections 553, 645, 646, 683, 685 and 686 of the Municipal Government Act, R.S.A. 2000, c.M-26.1, which provides you with the right to appeal this Order and enables the City to add all costs associated with this action to the tax roll of the property. If you have any questions in regards to this matter, please contact the writer at 780496-6220. ___________________________________________________________________ APPELLANT’S SUBMISSION “We act for Dr. Kelly Clarke, the registered owner of the above-referenced lands and premises. Our client received a development permit to construct a house on the subject lands from the City of Edmonton Development Authority. Dr. Clarke’s neighbours appealed the development permit, which was for a permitted use without variances, to the Subdivision and Development Appeal Board (SDAB). Following the hearing before the SDAB, the SDAB issued a written Notice of Decision in SDAB File no.: SDAB-D-14-220/SDAB-D-14-221 dated August 29, 2014 dismissing the appeal and upholding the development permit granted to our client. The neighbours then issued an Application for Permission to Appeal the SDAB’s Decision to the Court of Appeal and prevailed upon the City of Edmonton to issue a Stop Order. A copy of the Stop Order is enclosed. Our client hereby appeals the Stop Order to the SDAB. The grounds on which our client appeals the Stop Order are the following: 1. The Development Authority and SDAB have granted Dr. Kelly Clarke a permit for a permitted use without variances and the SDAB correctly struck the neighbours’ appeal; Page 5 of 25 Meeting No. 47HR3/14 Wednesday, November 26, 2014 ITEM I: 9:00 A.M. FILE: SDAB-D-14-301 APPELLANT’S SUBMISSION (CONTINUED) 2. Dr. Kelly Clarke has only recently received notice of the neighbours’ Application for Permission to Appeal the SDAB’s Decision and intends to apply to the Court of Appeal to be joined as a party to oppose the Application for Permission to Appeal; 3. Dr. Kelly Clarke is prepared to assume the full risk of continuing construction, such that, should the neighbours’ Application ultimately result in the SDAB’s Decision being set aside and requiring work performed after the commencement of the Application for Permission to Appeal to be reversed, Dr. Clarke would hold the City of Edmonton harmless for the thrown away costs of undoing any work on the premises which he might be required to undertake. We trust the foregoing is satisfactory and look forward to hearing from you with respect to the scheduled date for the hearing of this Appeal. If you have any questions, do not hesitate to contact the writer. ___________________________________________________________________ SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS This application is to appeal an Order. The Order is to cease construction of a Single Detached House. Construction of a Single Detached House requires a valid development permit. This Order is to be complied with immediately as of October 15, 2014. The site is located on the north side of Ada Boulevard, west of 73 Street and is zoned RF1 Single Detached Residential Zone, Section 110 of the Edmonton Zoning Bylaw 12800. The site is within the Mature Neighbourhood Overlay, Section 814. The site is also within 3.7 Virginia Park Sub-Area 6 of the Stadium Station Area Redevelopment Plan, under Bylaw 6931 (as amended), approved by City Council on February 22, 1983. The Subdivision and Development Appeal Board at a hearing on November 12, 2014 made and passed the following motion: “that SDAB-D-14-301 be TABLED to November 26, 2014 at the written request of Legal Counsel for the property owner and with the consent of the Sustainable Development Department.” Page 6 of 25 Meeting No. 47HR3/14 Wednesday, November 26, 2014 ITEM I: 9:00 A.M. FILE: SDAB-D-14-301 SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS CONTINUED Section 645 of the Municipal Government Act states: 645(1) Despite section 545, if a development authority finds that a development, land use or use of a building is not in accordance with (a) this Part or a land use bylaw or regulations under this Part, or (b) a development permit or subdivision approval, the development authority may act under subsection (2). (2) If subsection (1) applies, the development authority may, by written notice, order the owner, the person in possession of the land or building or the person responsible for the contravention, or any or all of them, to (a) stop the development or use of the land or building in whole or in part as directed by the notice, (b) demolish, remove or replace the development, or (c) carry out any other actions required by the notice so that the development or use of the land or building complies with this Part, the land use bylaw or regulations under this Part, a development permit or a subdivision approval, within the time set out in the notice. (3) A person who receives a notice referred to in subsection (2) may appeal to the subdivision and development appeal board in accordance with section 685. Section 5.1 of the Zoning Bylaw states: No Person: 1. shall commence, or cause or allow to be commenced, a Development without a development Permit therefore issued under the provisions of Section 12 of this Bylaw; or 2. shall carry on, or cause or allow to be carried on a development without a Development Permit therefore issued under Section 12 of this Bylaw. Page 7 of 25 Meeting No. 47HR3/14 Wednesday, November 26, 2014 ITEM I: 9:00 A.M. FILE: SDAB-D-14-301 SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS CONTINUED The following permit applications are listed in the Sustainable Development Department POSSE system: Application Description Number 153614664-010 Construct an Accessory SDAB-D-14-221 Building (rear Detached Garage - 10.97 metres by 7.92 metres). Decision 153614664-009 Construct a Single SDAB-D-14-220 Detached House with a covered front and side veranda, upper front covered balcony (2.44 metres by 4.723 metres), upper side covered balcony (1.83 metres by 1.83 metres), partially covered rear deck with a hot tub (7.21 metres by 5.48 metres), basement development (not to be used as an additional Dwelling) and to demolish a Single Detached House and rear Detached Garage. 153614664-002 To Construct an Accessory Building (a rear detached garage 10.97 metres by 7.92 metres). August 29, 2014; The Board does not assume jurisdiction. Page 8 of 25 August 29, 2014; The Board does not assume jurisdiction. The decisions of the SDAB, being SDAB-D-14-220 and SDAB-D-14221, have been appealed to the Alberta Court of Appeal in John Paul Rau et al. v. The City of Edmonton et al.(Court of Appeal File Number 1403-0240AC). The decisions of the SDAB, being SDAB-D-14-220 and SDAB-D-14221, have been appealed to the Alberta Court of Appeal in John Paul Rau et al. v. The City of Edmonton et al.(Court of Appeal File Number 1403-0240AC). June 6, 2014; Approved with conditions. Meeting No. 47HR3/14 Wednesday, November 26, 2014 ITEM I: 9:00 A.M. FILE: SDAB-D-14-301 SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS CONTINUED 153614664-001 To construct a Single June 6, 2014; Approved with Detached House with a conditions. covered front and side veranda, upper front covered balcony (2.44 metres by 4.723 metres), upper side covered balcony (1.83 metres by 1.83 metres), partially covered rear deck with a hot tub (7.21 metres by 5.48 metres) basement development (not to be used as an additional Dwelling) and to demolish a Single Detached House and rear Detached Garage. ___________________________________________________________________ NOTICE TO APPLICANT/APPELLANT Provincial legislation requires that the Subdivision and Development Appeal Board issue its official decision in writing within fifteen days of the conclusion of the hearing. Bylaw No. 11136 requires that a verbal announcement of the Board’s decision shall be made at the conclusion of the hearing of an appeal, but the verbal decision is not final nor binding on the Board until the decision has been given in writing in accordance with the Municipal Government Act. ___________________________________________________________________ Page 9 of 25 US RF1 A SURROUNDING LAND USE DISTRICTS Site Location File: SDAB-D-14-301 Page 10 of 25 N Meeting No. 47HR3/14 Wednesday, November 26, 2014 ITEM II: 1:00 P.M. FILE: SDAB-D-14-307 AN APPEAL FROM THE DECISION OF THE DEVELOPMENT OFFICER APPLICATION NO.: 148609144-011. ADDRESS OF APPELLANT: #202, 10446 – 122 Street NW Edmonton, AB T5N 1M3. APPLICATION TO: Leave as Built a Single Detached House (overall Height). DECISION OF THE DEVELOPMENT AUTHORITY: No decision has yet been made. DECISION DATE: N/A. DATE OF APPEAL: October 30, 2014. MUNICIPAL DESCRIPTION OF SUBJECT PROPERTY: 9805 – 83 Avenue NW. LEGAL DESCRIPTION: Lot 21, Block 72, Plan 1. ZONE: RF2 Low Density Infill Zone OVERLAY: Mature Neighbourhood Overlay. STATUTORY PLAN: Strathcona Area Redevelopment Plan. __________________________________________________________________ Page 11 of 25 Meeting No. 47HR3/14 Wednesday, November 26, 2014 ITEM II: 1:00 P.M. FILE: SDAB-D-14-307 DEVELOPMENT OFFICER’S DECISION No decision has yet been made. ___________________________________________________________________ APPELLANT’S SUBMISSION “Schedule A Issue for Appeal Did the Development Officer err in refusing the applicants’ “as-built” permit application for a house structure located at 9805 83rd Avenue NW? Facts: On September 19th, 2014 the applicants submitted an application for an “as-built” development permit for a house structure on property located at 9805 83rd Avenue. As of the date of this appeal, 41 days after submission, the Development Authority has failed to provide a decision on the permit application. The subject lot is zoned RF(2), Low Density Infill. The Mature Neighbourhood Overlay (“MNO”) applies as well. This application includes a Secondary Suite in the basement of this structure. This suite has its own separate entrance on the flanking street side of the building, however, apart from that, the exterior of the structure appears as a single dwelling, as required by the zoning bylaw. The subject lot is a corner lot with a municipal sidewalk fronting a roadway on the north side, and a grassy municipal boulevard with no sidewalk to the east. The lot abuts an alleyway to the south, which in turn abuts a large surface parking lot for a four storey walkup apartment building. The sole immediate neighbour shares the west property line. A detached garage is also on the subject property, however this appeal does not concern that structure. Applicants’ Position: The applicants take the position that as the Development Authority failed to make a decision within 40 days of the submission of the “as-built” application it is deemed refused by operation of s.684 of the Municipal Government Act, c. M-26, R.S.A. 2000. Accordingly, the applicants have a right of appeal the refusal of the “as-built” permit to the SDAB. Page 12 of 25 Meeting No. 47HR3/14 Wednesday, November 26, 2014 ITEM II: 1:00 P.M. FILE: SDAB-D-14-307 APPELLANT’S SUBMISSION (CONTINUED) The applicants are seeking a permit for the house structure to remain as sited on the Real Property Report (“RPR”) with respect to the setbacks noted on the RPR for the side, front and rear yards, with respect to site coverage, and as well as with respect to the height of the first floor and the overall structure above grade. The applicants believe the “as-built” permit will require the following variances: A variance of the side setback on this corner lot abutting a roadway on a corner site from 1.5 metres (20 percent of site width) to 1.2 metres; and A variance with respect to the height of the first floor and the overall structure above grade; or A variance with respect to either the determination of the measurement of the grade from which the Height of the structure is calculated to a method other than the ones described in section 52.5 of the Zoning Bylaw. In particular, to allow the applicants to measure the height of the structure from where the final grade is built up to the foundation of the structure. Please note that the Development Officer’s initial decision on the existing permit with respect to the side yards was 1.2 metres on the shared property line with the most immediate neighbour, and 1.2 metres on the property line abutting the flanking side street. This decision was appealed by a neighbour to the SDAB and the SDAB approved the 1.2 metre side yard along the street. In any event, the RPR shows that the side yard setback along the common shared property line is actually 0.9 metres greater than what was initially permitted, which will provide the immediate neighbour with greater feeling of space and improve the ability of the home builder to implement a successful drainage plan. With respect to the height of the house structure, note that the lot elevation is highest at the northwest corner (at the front and common property line) and drops significantly to the southwest corner (rear municipal boulevard) of the lot. This topography provides excellent natural drainage away from the immediate neighbour’s lot towards both the municipal boulevard and the rear alleyway. As a result, no other properties are potentially affected by drainage from this lot. This natural topography, in addition to the extra 0.9 metres of space in the side yard and the implementation of the drainage plan, will ensure full mitigation of any effects the extra height of the structure could possibly cause with respect to drainage. This unique topography also creates a height that, at the front of the house and along the common property line, measures approximately to 8.6 metres from the rough grade. So, even before final grading, topsoil and landscaping (which of course will serve to lower the appearance of the height of the structure), the house Page 13 of 25 Meeting No. 47HR3/14 Wednesday, November 26, 2014 ITEM II: 1:00 P.M. FILE: SDAB-D-14-307 APPELLANT’S SUBMISSION (CONTINUED) from both the front municipal sidewalk and from the common property sites (and physically is) below the maximum overall height allowed in the Mature Neighbourhood Overlay. The height of the house structure may appear to some persons to be above what is allowed in the MNO when viewed from the abutting street, however, the builder will engage in strategies to lessen this perception through the use of high quality building materials, landscaping (strategic placement of trees and vegetation) and final grading to create a gentle slope away from the house blending into the municipal boulevard and towards the curb. After the final grade is established, the subject house will not only appear shorter, but it will also be consistent with the already built houses nearby and will fit with the established “character” and “aesthetics” of the neighbourhood. Several structures in the immediate area, including some immediately across the avenue, are all in face as tall or taller than the subject property. In addition, the subject lot back onto an alley which abuts a parking lot for a four storey walk-up apartment building which is significantly taller than the house structure. Given this, the house, as built, is an appropriate structure for the neighbourhood.” ___________________________________________________________________ SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS This application is to Leave as Built a Single Detached House (overall Height). The site is located on the southwest corner of 83 Avenue and 98 Street and is zoned RF2 Low Density Infill Zone, Section 120 of the Edmonton Zoning Bylaw 12800. The site is within the Mature Neighbourhood Overlay, Section 814. The site is also within the Low Density Residential Area and within Section 1 – Guidelines for Low Density Residential Zones of the Strathcona Area Redevelopment Plan, under Bylaw 11890 (as amended), approved by City Council on December 15, 1998. Section 684 of the Municipal Government Act provides: An application for a development permit is, at the option of the applicant, deemed to be refused if the decision of a development authority is not made within 40 days after receipt of the application unless the applicant has entered into an agreement with the development authority to extend the 40day period. The applicant submitted a development application with the development authority on or about September 19, 2014. On October 30, 2014, the applicant exercised the option to deem the application refused by the development authority and submitted this appeal to the Subdivision and Development Appeal Board. Page 14 of 25 Meeting No. 47HR3/14 Wednesday, November 26, 2014 ITEM II: 1:00 P.M. FILE: SDAB-D-14-307 SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS (CONTINUED) Single Detached Housing is a Permitted Use in the RF2 Low Density Infill Zone, Section 120.2(6). Under Section 7.2(9), Single Detached Housing means development consisting of a building containing only one Dwelling, which is separate from any other Dwelling or building. Where a Secondary Suite is a Permitted or Discretionary Use Class in a Zone, a building which contains Single Detached Housing may also contain a Secondary Suite. This Use Class includes Mobile Homes which conform to Section 78 of this Bylaw. The submitted Real Property Report, created by Delta Land Surveys Ltd., dated March 17, 2014, shows the subject site has a Site Width of 10.05 metres and a Site depth of 40.40 metres. The existing Single Detached House is located 6.27 metres from the (north) Front Lot Line, 1.29 metres from the (west) Side Lot Line, and 1.29 metres from the (east) flanking Side Lot Line. Section 814.3(13) states the maximum Height shall not exceed 8.6 metres nor 2 1/2 Storeys. Under Section 6.1(49), Height means, when used with reference to a building or structure, the vertical distance between the horizontal plane through grade and a horizontal plane through: a. the highest point of the roof in the case of a building with a flat roof or a roof having a slope of less than 20 degrees; and b. The average level between eaves and ridges in the case of a pitched, gambrel, mansard or hipped roof, or a roof having a slope of more than 20 degrees; provided that in such cases the ridge line of the roof shall not extend more than 1.5 metres above the maximum permitted building Height of the Zone or in the case of a Garage Suite the maximum permitted building Height in accordance with Section 87 of this Bylaw. Page 15 of 25 Meeting No. 47HR3/14 Wednesday, November 26, 2014 ITEM II: 1:00 P.M. FILE: SDAB-D-14-307 SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS (CONTINUED) Section 814.1 states that the purpose of the Mature Neighbourhood Overlay is to ensure that new low density development in Edmonton’s mature residential neighbourhoods is sensitive in scale to existing development, maintains the traditional character and pedestrian-friendly design of the streetscape, ensures privacy and sunlight penetration on adjacent properties and provides opportunity for discussion between applicants and neighbouring affected parties when a development proposes to vary the Overlay regulations. Section 120.1 states the purpose of this Zone is to retain Single Detached Housing, while allowing infill on narrow lots, including Secondary Suites under certain conditions. The following permit applications are listed in the Sustainable Development Department POSSE system: Application Number 148609144-002 SDAB-D-14-271 148809144-011 148609144-010 SDAB-D-14-225 Description Construct an Accessory Building – rear detached Garage (7.01 metres by 6.71 metres). Work done without permits. Decision Issued October 31, 2014: Appeal allowed – Board found that the Development Authority erred in failing to consider the Development Permit application submitted on September 9, 2014. To Leave as Built a Created September 19, 2014. Single Detached House (overall Height). Comply with an Order to August 13, 2014; Withdrawn. cease all work on site until all applicable permits have been obtained, apply for a Development Permit which reflects the current development on Site or demolish all buildings and remove all materials from the Site on Lot 21, Block 72, Plan I. This Order is to be complied with on or before July 23, 2014. Page 16 of 25 Meeting No. 47HR3/14 Wednesday, November 26, 2014 ITEM II: 1:00 P.M. FILE: SDAB-D-14-307 SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS (CONTINUED) 148609144-009 148609144-008 SDAB-D-14-077 Order Construct a Single Detached House with front veranda, side landing, rear uncovered deck (7.47 metres by 4.27 metres), fire place on main and upper floor, and to develop a Secondary Suite in the basement. April 22, 2014; Withdrawn. April 11, 2014; that the appeal be DENIED and the decision of the Development Authority CONFIRMED. The decision of approval by the Development Authority contains the following variances and conditions: Variance: Section 150.4(8)(c) relaxed - Side Setbacks shall be established on the following basis for a Corner Site where the building faces the Front Lot Line, the minimum Side Setback abutting the flanking Side Lot Line shall be 20 percent of the Site Width, to a maximum of 4.5 metres. Required: Proposed: Deficient by: 2.01 metres 1.3 metres 0.71 metres Conditions: 1. 2. The height of the principal building shall not exceed 8.6 metres nor 2 1/2 Storeys as per the height definition of Section 6.1(49) of the Edmonton Zoning Bylaw 12800. Any future deck enclosure or cover requires a separate development and building permit approval. …../continued Page 17 of 25 Meeting No. 47HR3/14 Wednesday, November 26, 2014 ITEM II: 1:00 P.M. FILE: SDAB-D-14-307 3. 4. 5. 6. 7. Except for the hardsurfacing of driveways and/or parking areas approved on the site plan for this application, the remainder of the site shall be landscaped in accordance with the regulations set out in Section 55 of the Zoning Bylaw. All yards, visible from a public roadway other than a lane, shall be seeded or sodded within eighteen (18) consecutive months of the issuance of an Occupancy Certificate for the development. Alternative forms of landscaping may be substituted for seeding or sodding as specified in Section 55.2(4)(b). On-Site parking shall be located in accordance with Section 50 of this Bylaw. Such hard surface parking pad shall include an underground electrical power connection with outlet on a post 1.0 metres in height, located within 1.0 metres of the parking pad. Private Outdoor Amenity Area shall be provided on Site in accordance with Section 47 of this Bylaw. Lot grades must match the Engineered approved lot grading plans for the area. Contact Drainage Services at 780-496-5500 for lot grading inspection inquiries. …../continued Page 18 of 25 Meeting No. 47HR3/14 Wednesday, November 26, 2014 ITEM II: 1:00 P.M. FILE: SDAB-D-14-307 8. 148609144-007 An approved Development Permit means that the proposed development has been reviewed only against the provisions of the Edmonton Zoning Bylaw. It does not remove obligations to conform with other legislation, bylaws or land title instruments such as the Municipal Government Act, the ERCB Directive 079, the Edmonton Safety Codes Permit Bylaw or any caveats, covenants or easements that might be attached to the Site. June 27, 2014: Order LAND USE INFRACTION: This property is zoned RF2 (Low Density Infill Zone) in accordance with Section 120 of the Edmonton Zoning Bylaw. On June 26, 2014, Justin Young, a Development Officer for the City of Edmonton having authority to exercise development powers under section 642(1) of the Municipal Government Act R.S.A. 2000 conducted a site inspection at 9805 83 Avenue NW. Our investigation revealed that the Single Detached House has not been constructed in accordance with Development Permit 148609144-001. Development Conditions of Permit 148609144-001 state: …../continued Page 19 of 25 Meeting No. 47HR3/14 Wednesday, November 26, 2014 ITEM II: 1:00 P.M. FILE: SDAB-D-14-307 The height of the principal building shall not exceed 8.6 metres nor 2 1/2 Storeys as per the height definition of Section 6.1(49) of the Edmonton Zoning Bylaw 12800. Our investigation revealed that an Accessory Building (Garage) has been constructed, The City of Edmonton has not issued a development permit to construct an Accessory Building, which is contrary to Section 683 of the Municipal Government Act, R.S.A. 2000, c.M-26.1. Edmonton Zoning Bylaw 12800 Approval Development Required For 5.1 No Person: Shall commence, or cause or allow to be commenced, a Development without a development Permit therefor issued under the provisions of Section 12 of this Bylaw; or Shall carry on, or cause or allow to be carried on a development without a Development Permit therefor issued under Section 12 of this Bylaw. 5.2 An approved Development Permit means that the proposed development has been reviewed against the provisions of this bylaw. It does not remove obligations to conform with other ……./continued Page 20 of 25 Meeting No. 47HR3/14 Wednesday, November 26, 2014 ITEM II: 1:00 P.M. FILE: SDAB-D-14-307 legislation, bylaws or land title instruments such as the Municipal Government Act, the Edmonton Building Permit Bylaw or any caveats, covenants or easements that might be attached to the Site. ORDER: Pursuant to Section 645 of the Municipal Government Act, R.S.A. 2000, YOU ARE HEREBY ORDERED TO: Cease all work on site until all applicable permits have been obtained, Apply for a Development Permit which reflects the current development on site. OR Demolish all buildings and remove all materials from the site. 148609144-007 This order is to be complied with on or before July 23, 2014. March 12, 2014: Order LAND USE INFRACTION: This property is zoned RF2 (Low Density Infill Zone) in accordance with Section 120 of the Edmonton Zoning Bylaw. Our investigation revealed that a Single Detached House and Accessory Building have been built. The City of Edmonton has not issued a development permit to construct a Single Detached House and …../continued Page 21 of 25 Meeting No. 47HR3/14 Wednesday, November 26, 2014 ITEM II: 1:00 P.M. FILE: SDAB-D-14-307 Accessory Building, which is contrary to Section 683 of the Municipal Government Act, R.S.A. 2000, c.M-26.1. ORDER: Pursuant to Section 645 of the Municipal Government Act, R.S.A. 2000, YOU ARE HEREBY ORDERED TO: CEASE ALL CONSTRUCTION AND/OR DEVELOPMENT UNTIL THE REQUIRED PERMITS HAVE BEEN OBTAINED. 148609144-001 This order is to be complied with on or before March 21, 2014. To construct a Single February 12, 2014; Approved with Detached house with conditions and the following front veranda, side variance: landing, rear uncovered deck (7.47 metres x 4.27 Section 150.4(8)(c) relaxed - Side metres), fire place on Setbacks shall be established on main and upper floor, the following basis for a Corner and to develop a Site where the building faces the Secondary Suite in the Front Lot Line, the minimum Side basement. BUILT Setback abutting the flanking Side WITHOUT PERMITS. Lot Line shall be 20 percent of the Site Width, to a maximum of 4.5 metres. Required: 2.01 metres Proposed: 1.30 metres Deficient by: 0.71 metres Page 22 of 25 Meeting No. 47HR3/14 Wednesday, November 26, 2014 ITEM II: 1:00 P.M. FILE: SDAB-D-14-307 ___________________________________________________________________ NOTICE TO APPLICANT/APPELLANT Provincial legislation requires that the Subdivision and Development Appeal Board issue its official decision in writing within fifteen days of the conclusion of the hearing. Bylaw No. 11136 requires that a verbal announcement of the Board’s decision shall be made at the conclusion of the hearing of an appeal, but the verbal decision is not final nor binding on the Board until the decision has been given in writing in accordance with the Municipal Government Act. ___________________________________________________________________ Page 23 of 25 Meeting No. 47HR3/14 Wednesday, November 26, 2014 RF2 RF2 RF2 RA8 RA8 SURROUNDING LAND USE DISTRICTS Site Location File: SDAB-D-14-307 Page 24 of 25 N Meeting No. 47HR3/14 Wednesday, November 26, 2014 BUSINESS LAID OVER SDAB-D-14-293 SDAB-D-14-306 An appeal to remove an existing Fascia Off-Premises Sign and install a Minor Digital Off-premises Sign on the roof December 4, 2014 An appeal to install One (1) Freestanding Off-premises Minor Digital Sign December 3, 2014 APPEAL HEARINGS TO BE SCHEDULED 160021373-001 An appeal to operate a Major Home Based Business (Administrative office for delivery transportation) December 10 or 11, 2014 Page 25 of 25
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