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