Main Floor, Churchill Building

S U B D I V I S I O N

A N D

D E V E L O P M E N T A P P E A L B O A R D

A G E N D A

Meeting No. 18HR3/12 Wednesday, 9:00 A.M. May 2, 2012

Hearing Room No. 3 Main Floor, Churchill Building 2

Meeting No.: 18HR3/12 Wednesday, May 2, 2012

SUBDIVISION AND DEVELOPMENT APPEAL BOARD HEARING ROOM NO. 3 ------TO BE RAISED SDAB-D-12-077 Construct an Accessory I 9:00 A.M. Building (Shed) (23.78 115973357-001 square metres). 66 Windermere Drive SW ------LUNCH BREAK – 11:30 A.M. TO 12:00 P.M. ------12:00 P.M. SDAB-D-12-099 Construct an addition to a II 120615793-001 Single Detached House and to construct interior and exterior alterations (additions to front attached Garage, addition to front of house, replace exterior cladding). 30 Marlboro Road NW ------

NOTE: Unless otherwise stated, all references to “Section numbers” in this Agenda refer to the authority under the Edmonton Zoning Bylaw 12800. 3

Meeting No. 18HR3/12 Wednesday, May 2, 2012

I TO BE RAISED ITEM I: 9:00 A.M. FILE: SDAB-D-12-077

AN APPEAL FROM THE DECISION OF THE DEVELOPMENT OFFICER BY AN ADJACENT PROPERTY OWNER

APPLICATION NO.: 115973357-001. DEVELOPMENT OFFICER’S DECISION DATE: February 16, 2012. NOTICE OF APPEAL PERIOD: February 21, 2012 through March 5, 2012. ADDRESS OF APPELLANT: 1325, 10180 – 101 Street NW, Edmonton AB T5J 3S4. DATE OF APPEAL: March 2, 2012. RESPONDENT: Titan Plumbing Inc. ADDRESS OF RESPONDENT: 6823 – 104 Street NW, Edmonton AB, T6H 2L5. APPLICATION FOR PERMISSION TO: Construct an Accessory Building (Shed) (23.78 square metres). ZONE: DC2.550 Site Specific Development Control Provision. LEGAL DESCRIPTION: Lot 11, Block 2, Plan 0227756. MUNICIPAL DESCRIPTION: 66 Windermere Drive SW. ______

DEVELOPMENT OFFICER’S DECISION

“ APPROVED – The proposed development is approved subject to the following conditions:

This Development Permit is for a Discretionary Use in the subject zoning and therefore is NOT valid until the required Notification Period expires (date noted below) in accordance with Sections 21.1 and 17.1.

Advisements: The applicant is advised that the building which is the subject of this Permit meets regulations of the Zoning Bylaw. However, it appears to be located within Area "C" of the Restrictive Covenant (#022 486 634). The latter strictly prohibits development of this sort within its boundaries.” ______

cont’d…. 4

Meeting No. 18HR3/12 Wednesday, May 2, 2012

FILE: SDAB-D-12-077 9:00 A.M.

APPELLANT’S SUBMISSION

“We act on behalf of Steven Vogel with respect to the above development permit which we understand has been approved. We are submitting this letter as notice of appeal from the approval of the development permit for the following reasons:

1. The proposed development is located in the DC2.550 Zone. 2. The proposed use is not an allowable use in the DC2.550 Zone. 3. The proposed development does not meet the development standards set out in the DC2.550 Zone. 4. The proposed development does not comply with the development standards set out in Section 50 of the Zoning Bylaw. 5. The proposed development is not in compliance with the Restrictive Covenant registered against title to the property. 6. Such further and other grounds of appeal as may be raised at the hearing of the appeal.” ______

SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS

This application is to construct an Accessory Building (Shed) (23.78 square metres).

The site is located at the entrance to a cul-de-sac west of Windermere Drive SW and south of Windermere Boulevard and is zoned DC2.550 Site Specific Development Control Provision, Section 720. The subject DC2.550 was approved by City Council on February 6, 2001 under Bylaw No. 12362. The site is within the Windermere Area Structure Plan, under Bylaw 13717, adopted by City Council on May 25, 2004 and within the Windermere Neighbourhood Structure Plan, under Bylaw 14372, adopted by Council on September 13, 2006.

NOTE:The Subdivision and Development Appeal Board at a hearing on March 29, 2012 made and passed the following motion:

“that SDAB-D-12-077 be TABLED to May 2, 2012 at the request of legal counsel for the property owner and consent of legal counsel for the Appellant.”

cont’d…. 5

Meeting No. 18HR3/12 Wednesday, May 2, 2012

FILE: SDAB-D-12-077 9:00 A.M.

SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS (CONTINUED)

Section 641(4) of the Municipal Government Act, Chapter M-26, states despite section 685, if a decision with respect to a development permit application in respect of a direct control district

(a) is made by a council, there is no appeal to the subdivision and development appeal board, or

(b) is made by a development authority, the appeal is limited to whether the development authority following the directions of council, and if the subdivision and development appeal board finds that the development authority did not follow the directions it may, in accordance with the directions, substitute its decision for the development authority’s decision.

Section 2 of the Zoning Bylaw concerning Repeal, Enactment and Transition Procedures states the following:

2.4 Subject only to the provisions in the Municipal Government Act respecting legal non-conforming Uses and notwithstanding the effect it may have on rights, vested or otherwise, the provisions of this Bylaw govern from the Effective Date onward. In particular, no application for a Development Permit shall be evaluated under the procedural or substantive provisions of the previous Land Use Bylaw after the Effective Date, even if the application was received before the Effective Date.

2.6 Any Direct Control Districts that were in effect immediately prior to the Effective date are hereby deemed to continue in full force and effect and are hereby incorporated into Part IV of this Bylaw.

2.7 Unless there is an explicit statement to the contrary in a Direct Control District or Provision, any reference in a Direct Control District or Direct Control Provision to a land use bylaw shall be deemed to be a reference to the land use bylaw that was in effect at the time of the creation of the Direct Control District or Provision.

cont’d…. 6

Meeting No. 18HR3/12 Wednesday, May 2, 2012

FILE: SDAB-D-12-077 9:00 A.M.

SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS (CONTINUED)

At the time of the creation of the subject DC site, the City of Edmonton Land Use Bylaw 5996 was in effect. A recent Court of Appeal decision in Parkdale-Cromdale Community League Association v. Edmonton (City), 2007 ABCA 309 concluded that Section 2.7 of the Edmonton Zoning Bylaw only applies if there is an express cross-reference in a Direct Control bylaw passed before 2001 to a provision of the old Land Use Bylaw. In the absence of an express reference in the Direct Control Bylaw to the Land Use Bylaw 5996, it does not prevail over Section 2.4 of the Edmonton Zoning Bylaw.

Section DC2.550.3(e) states that Single Detached Housing is a listed use in the DC2 Zone.

The submitted plans indicate that the Accessory Building is 4.88 metres by 4.88 metres in size, is located 3.05 metres from the (north) Side property line, 9.14 metres from the (west) Side property line, and is one Storey in Height. The Accessory Building has a flat roof and the plans show a balcony on the roof.

Under Section 685(3) of the Municipal Government Act, “no appeal lies in respect of the issuance of a development permit for a Permitted Use unless the provisions of the land use bylaw were relaxed, varied or misinterpreted.”

This application was approved by the Development Officer.

The decision of approval by the Development Officer has been appealed by an adjacent property owner.

Accessory means, when used to describe a Use or building, a Use or building naturally or normally incidental, subordinate, and exclusively devoted to the principal Use or building, and located on the same lot or Site (Land Use Bylaw, Section 9.1(2); Zoning Bylaw Section 6.1(2)).

cont’d…. 7

Meeting No. 18HR3/12 Wednesday, May 2, 2012

FILE: SDAB-D-12-077 9:00 A.M.

SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS (CONTINUED)

Included under “Comments” in the Sustainable Development Department POSSE System dated February 16, 2012, the Development Officer has provided the following information:

Zoning: DC2.550

There are no regulations governing accessory buildings in this zone and no site coverage limitations. However the building maintains the "yard" requirements in the regulations.

A review of the Restrictive Covenant (supplied by the applicant) confirms that the building is located within Area "C" in which there is to be no "development." Jamie Johnson [legal counsel] has confirmed that this cannot preclude the issuance of a Development Permit and that it is strictly a matter between the parties of the agreement.

The following permit applications are listed in the Sustainable Development Department POSSE system:

Application Description Decision Number 115874774-001 Violation Notice February 10, 2012; An inspection of the above noted property by this Department revealed that an Accessory Building (Shed) is under construction at this property location. According to our records, no development permit has been issued for this building.

Section 5.1 (1) and (2) of the Edmonton Zoning Bylaw No. 12800 states, as follows:

Approval Required For Development 8

115874774-001 No Person: (continued) 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.

EFFECTIVE IMMEDIATELY, You shall cease all construction and / or development of any accessory building at this property location.

Construction may not continue until a valid Development Permit has been obtained.

If a Development Permit for the Accessory Building has not been obtained by March 5, 2012, the building shall be removed from the Site.

The City of Edmonton may issue fines and/or pursue enforcement under the provisions of the Municipal Government Act, R.S.A. 2000 if you fail to comply with the directions of this notice. 90309626-001 To construct a single November 5, 2009; Approved with detached house with 2 conditions triple attached garages, rear main floor partially covered deck, rear second floor uncovered balcony, front covered veranda, front uncovered balcony, fireplace, basement development and exterior hot tub.

cont’d…. 9

Meeting No. 18HR3/12 Wednesday, May 2, 2012

FILE: SDAB-D-12-077 9:00 A.M.

SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS (CONTINUED)

Application Description Decision Number 71889720-002 To construct an October 31, 2007; Approved with Accessory Building conditions (Detached Garage/Storage Shed). October 27, 2009; Cancelled 71889720-001 To construct a Single October 31, 2007; Approved with Detached House with conditions attached below-grade garage, three balconies, October 27, 2009; Cancelled two uncovered decks, front veranda, elevator, and two fireplaces. ______

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. ______10

SURROUNDING LAND USE DISTRICTS

Site Location File: SDAB-D-12-077 N

SUBDIVISION AND DEVELOPMENT APPEAL BOARD 11

Meeting No. 18HR3/12 Wednesday, May 2, 2012 II ITEM II: 12:00 P.M. FILE: SDAB-D-12-099

AN APPEAL FROM THE DECISION OF THE DEVELOPMENT OFFICER BY AN ADJACENT PROPERTY OWNER

APPLICATION NO.: 120615793-001. DEVELOPMENT OFFICER’S DECISION DATE: March 27, 2012. NOTICE OF APPEAL PERIOD: April 3, 2012 to April 16, 2012. ADDRESS OF APPELLANT: 28 Marlboro Road, Edmonton, AB, T6J 2C6. DATE OF APPEAL: April 4, 2012. ADDRESS OF RESPONDENT: P.O. Box 4104, Edmonton, AB, T6E 4S8. APPLICATION FOR PERMISSION TO: Construct an addition to a Single Detached House and to construct interior and exterior alterations (additions to front attached Garage, addition to front of house, replace exterior cladding). ZONE: RF1 Single Detached Residential Zone. LEGAL DESCRIPTION: Lot 23, Block 4, Plan 5508MC. MUNICIPAL DESCRIPTION: 30 Marlboro Road NW. ______

DEVELOPMENT OFFICER’S DECISION

“ APPROVED – The proposed development is approved subject to the following conditions and variances:

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(35) of the Edmonton Zoning Bylaw 12800.

Immediately upon completion of the building additions, the site shall be cleared of all debris.

As far as reasonably practicable, the design and use of exterior finishing materials used shall be similar to, or better than, the standard of surrounding development.

Note: A Building Permit is required for any construction or change in use of a building. For a building permit, and prior to the Plans Examination review, you require construction drawings and the payment of fees.

cont’d…. 12

Meeting No. 18HR3/12 Wednesday, May 2, 2012

FILE: SDAB-D-12-099 12:00 P.M.

DEVELOPMENT OFFICER’S DECISION (CONTINUED)

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 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. (Reference Section 5.2).

Variances Granted:

This is an addition to an existing non-conforming building. The Single Detached house is non-conforming for the following reason:

The maximum width of the garage relaxed from 7.3 metres to 9.92 metres, 35 percent to 49.7 percent of lot width and the garage projection from 1.0 metres to 12.41 metres. (Reference Section 814.3(8)).

Pursuant to Sections 11.3 and 11.4, the Development Officer has waived the requirement for the applicant to contact affected property owners and Community League(s) prior to submission of the Development Application. (Reference Section 814.3(23))

Note: Variance granted pursuant to Sections 11.3 and 11.4. Subject to the right of appeal. (Reference Section 21(1)).” ______

APPELLANT’S SUBMISSION

“The garage extension towards my residence exceeds the original requirement of 15 feet of clearance from the lot line on either side of the building by what seems to be a six foot extension. Also, the elevation above the garage is planned to extend towards the street towards a point where it will obstruct the sunlight and view from our bedroom and living room.” ______

cont’d…. 13

Meeting No. 18HR3/12 Wednesday, May 2, 2012

FILE: SDAB-D-12-099 12:00 P.M.

SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS

This application is to construct an addition to a Single Detached House and to construct interior and exterior alterations (additions to the front attached Garage, addition to the front of house and replace exterior cladding).

The site is located on the west side of Marlboro Road, west of Fairway Drive 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.

NOTE:Single Detached Housing is a Permitted Use in the RF1 Single Detached Residential Zone, Section 110.2(4).

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 current Single Detached House is NON-CONFORMING pursuant to Section 643 of the Municipal Government Act.

The existing Single Detached House is non-conforming for the following reason:

1. Section 814.3(8) states that if vehicular access is provided from the fronting public roadway, a Garage may protrude a maximum of 1.0 metres beyond the front wall of the principal building and have a maximum width of 7.3 metres or 35 percent of the Site Width, whichever is less. In no case shall the Garage be located less than 3.0 metres from the front property line.

The existing attached Garage protrudes 13.41 metres beyond the front wall of the principal building and has a width of 7.36 metres.

Section 643 of the Municipal Government Act, Chapter M-26, states the following:

cont’d…. 14

Meeting No. 18HR3/12 Wednesday, May 2, 2012

FILE: SDAB-D-12-099 12:00 P.M.

SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS (CONTINUED)

(1) If a development permit has been issued on or before the day on which a land use bylaw or a land use amendment bylaw comes into force in a municipality and the bylaw would make the development in respect of which the permit was issued a non-conforming use or non-conforming building, the development permit continues in effect in spite of the coming into force of the bylaw.

(2) A non-conforming use of land or a building may be continued but if that use is discontinued for a period of 6 consecutive months or more, any future use of the land or building must conform with the land use bylaw then in effect.

(3) A non-conforming use of part of a building may be extended throughout the building but the building, whether or not it is a non-conforming building, may not be enlarged or added to and no structural alterations may be made to it or in it.

(4) A non-conforming use of part of a lot may not be extended or transferred in whole or in part to any other part of the lot and no additional buildings may be constructed on the lot while the non-conforming use continues.

(5) A non-conforming building may continue to be used but the building may not be enlarged, added to, rebuilt or structurally altered except (a) to make it a conforming building, (b) for routine maintenance of the building, if the development authority considers it necessary, or (c) in accordance with a land use bylaw that provides minor variance powers to the development authority for the purposes of this section.

Section 11.3(3) states that the Development Officer may approve, with or without conditions as a Class B Development, an enlargement, alteration or addition to a legal non-conforming building if the non-conforming building complies with the uses prescribed for the land in this Bylaw and the proposed development would not, in his opinion:

cont’d…. 15

Meeting No. 18HR3/12 Wednesday, May 2, 2012

FILE: SDAB-D-12-099 12:00 P.M.

SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS (CONTINUED)

a) unduly interfere with the amenities of the neighbourhood; or b) materially interfere with or affect the use, enjoyment or value of neighbouring properties.

The Municipal Government Act, Section 685(3) states that “Despite subsections (1) and (2), no appeal lies in respect of the issuance of a development permit for a permitted use unless the provisions of the land use bylaw were relaxed, varied or misinterpreted.”

This application was approved by the Development Officer subject to conditions and variances.

Pursuant to Section 11.3 and 11.4 and subject to the right of appeal to the Subdivision and Development Appeal Board, Section 21.1, the Development Officer granted the following variances:

The proposed Garage protrudes 13.41 metres beyond the front wall of the principal building and has a width of 9.92 metres. A relaxation of 12.41 metres in the maximum allowable protrusion of a Garage beyond the front wall of a principal building and a relaxation of 2.62 metres in the maximum allowable width of a Garage was granted.

2. Section 814.3(23) states that where an application for a Development Permit does not comply with the regulations contained in this Overlay:

cont’d…. 16

Meeting No. 18HR3/12 Wednesday, May 2, 2012

FILE: SDAB-D-12-099 12:00 P.M.

SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS (CONTINUED)

a. the applicant shall contact the affected parties, being each assessed owner of land wholly or partly located within a distance of 60.0 metres of the Site of the proposed development and the President of each affected Community League, at least 21 days prior to submission of a Development Application; b. the applicant shall outline, to the affected parties, any requested variances to the Overlay and solicit their comments on the application; c. the applicant shall document any opinions or concerns, expressed by the affected parties, and what modifications were made to address their concerns; and d. the applicant shall submit this documentation as part of the Development Application.

The Development Officer waived this requirement.

The decision of approval by the Development Officer has been appealed by an adjacent property owner located immediately north of the subject site at 28 – Marlboro Road.

The submitted Plot Plan created by Pals Geomatics Corp., dated October 13, 2011 (revised February 3, 2012), shows that the lot is irregular shaped. The proposed addition to the north side elevation of the front attached Garage is 2.13 metres by 10.16 metres in size and is located 2.47 metres from the (north) Side Lot Line. The proposed addition to the east side elevation of the front attached Garage is irregular shaped and is located 6.45 metres from the (east) Front Lot Line. The proposed addition to the south elevation of the front attached Garage and the proposed addition to the east elevation of the Single Detached House are both irregular shaped.

cont’d…. 17

Meeting No. 18HR3/12 Wednesday, May 2, 2012

FILE: SDAB-D-12-099 12:00 P.M.

SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS (CONTINUED)

The Development Officer provides the following information:

Site Area: 1997.23 square metres

12 percent allowable Site Coverage: 239.67 square metres 28 percent allowable Site Coverage: 559.22 square metres 40 percent allowable Site Coverage: 798.89 square metres

Proposed Principal building: 323.19 square metres

Proposed Total Site Coverage: 323.19 square metres

Section 110.4(5) states that the maximum total Site Coverage shall not exceed 40 percent, with a maximum of 28 percent for a principal building and a maximum of 12 percent for Accessory Buildings.

Under Section 6.1(89), Site Coverage means the total horizontal area of all buildings or structures on a Site which are located at or higher than 1.0 metres above grade, including Accessory Buildings or Structures, calculated by perpendicular projection onto a horizontal plane from one point located at an infinite distance above all buildings and structures on the Site. This definition shall not include: a. steps, eaves, cornices, and similar projections; b. driveways, aisles and parking lots unless they are part of a Parking Garage which extends 1.0 metres or more above grade; or c. unenclosed inner and outer courts, terraces and patios where these are less than 1.0 metres above grade.

Section 814.1 states the purpose of this 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. cont’d…. 18

Meeting No. 18HR3/12 Wednesday, May 2, 2012

FILE: SDAB-D-12-099 12:00 P.M.

SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS (CONTINUED)

Section 110.1 states the purpose of this Zone is to provide primarily for Single Detached Housing and Secondary Suites under certain conditions.

Included under “Comments” in the Sustainable Development Department POSSE System dated March 27, 2012, the Development Officer has provided the following information:

TECHNICAL REVIEW:

110.4(1) the minimum Site Area shall be 360 square metres per Dwelling. - Site Area: 1997.23 square metres

110.4(2) the minimum Site Width shall be 12.0 metres. - Site Width: 20 metres

110.4(3) the minimum Site Depth shall be 30.0 metres. - Site Depth: 55 metres

814.3(1) the minimum Front Yard shall be consistent with the Setback of development on adjacent Sites and with the general context of the block face, but shall not be less than 3.0 metres and the principal building shall be located at or within 1.0 metres of the Front Yard.

Front Yard Required: setbacks are all over the place, the houses on either side are set back a long way, 32 Marlborough is at 19 metres - Existing: 7.8 metres - Proposed Cantilever: 6.45 metres

814.3(9): the maximum Height shall not exceed 8.6 metres nor 2 1/2 Storeys. - No changes in height

cont’d…. 19

Meeting No. 18HR3/12 Wednesday, May 2, 2012

FILE: SDAB-D-12-099 12:00 P.M.

SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS (CONTINUED)

814.3(12) the Basement elevation of structures of two or more Storeys in Height shall be no more than 1.2 metres above grade. The Basement elevation shall be measured as the distance between Grade level and the floor of the first Storey. - No changes in height

814.3(14) where the Site Width is 18.3 metres or greater: Side Setbacks shall total 20 percent of the Site Width but shall not be required to exceed 6.0 metres in total; the minimum interior Side Setback shall be 2.0 metres;

20 percent of Site Width: 4 metres - Right Side Yard: 2.45 metres - Left Side Yard: 4.7 metres

814.3(7) there shall be no vehicular access from the front or flanking public roadway where an abutting Lane exists, and a Treed Landscaped Boulevard is present along the roadway adjacent to the property line; or the Site Width is less than 15.5 metres. - No lane, no treed landscaped boulevard and site width is 20+ (pie lot)

814.3(17): the minimum Rear Yard shall be 40 percent of Site depth.

Rear Yard Minimum: 22 metres - Existing: 22.12 metres

Setback information from the vault: (Marlboro) 24 7.78 metres 26 7.76 metres 28 no info 30 Subject site 32 19 metres 34 5.8 metres

Average: 10.09 metres cont’d…. 20

Meeting No. 18HR3/12 Wednesday, May 2, 2012

FILE: SDAB-D-12-099 12:00 P.M.

SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS (CONTINUED)

Only change to front is proposed 0.61 metres cantilever, this is existing.

Included under “Justification” in the Sustainable Development Department POSSE System dated March 27, 2012, the Development Officer has provided the following information:

This house with the front attached garage has been in existence for years. It was built under RF1 regulations prior to the Mature Neighbourhood Overlay and it complied. The changes they are making to the house do not add to the non conformity and will be an improvement to the dwelling and overall to the neighbourhood.

They do have a cantilever on the front of the garage but it is an architectural feature and it ties in with the rest of the exterior improvements.

In the opinion of the Development Officer, the proposed development will not materially interfere with or affect the use, enjoyment or value of neighbouring property owners.

The following permit applications are listed in the Sustainable Development Department POSSE system:

Application Description Decision Number 34626180-001 Compliance Certificate September 17, 2003; In response to your letter dated September 3, 2003, this is to advise you that the building (Single Detached House, Attached Garage and Uncovered Rear Decks) indicated on the Real Property Report dated July 23, 2003, and signed by H.L. Cummings, Alberta Land Surveyor, does NOT comply with the following yard regulations 21

34626180-001 governing RF1 (Single Detached (continued) Residential) Zone and The Mature Neighbourhood Overlay:

The minimum Rear Yard shall be 40 percent of Site depth. (Reference Section 814.3(17)).

However, the building is NON- CONFORMING pursuant to Section 643(1) of the Municipal Government Act. Section 643(5) of the Municipal Government Act states:

"643(5) A non-conforming building may continue to be used but the building may not be enlarged, added to, rebuilt or structurally altered except (a) to make it a conforming building, (b) for routine maintenance of the building, if the development authority considers it necessary, or (c) in accordance with a land use bylaw that provides minor variance powers to the development authority for the purposes of this section." 64309-001 To construct interior May 3, 1990; Approved with alterations in a Single conditions. Detached House (main, second floor and basement renovations and to cover existing outside basement access). ______

cont’d…. 22

Meeting No. 18HR3/12 Wednesday, May 2, 2012

FILE: SDAB-D-12-099 12:00 P.M.

NOTICE TO APPLICANT/APPELLANT

SURROUNDING LAND USE DISTRICTS

Site Location File: SDAB-D-12-099 N

SUBDIVISION AND DEVELOPMENT APPEAL BOARD 24

Meeting No. 18/12 Wednesday, May 2, 2012

BUSINESS LAID OVER

------SDAB-D-12-097 An appeal by 1297227 Alberta Ltd. to develop two parking spaces within a required Front Yard to an Apartment House, existing without permits. May 30 or 31, 2012 ------SDAB-D-12-092 An appeal by Fraser Milner Casgrain LLP VS Dwayne / Tamara Foley to construct exterior alterations to a Single Detached House (rear double doors from the second floor to an existing upper level deck (DP#88229115-002) and to place an unenclosed hot tub on the second level deck and to remove the gazebo off the second level deck to construct an Accessory Building (Shed) (23.78 square metres). June 6 or 7, 2012 ------SDAB-D-12-096 An appeal by Amarjot Holdings Ltd. to change the Use from an Automotive and Minor Recreational Vehicles Sales / Rentals to a Minor Alcohol Sales. June 14, 2012 ------SDAB-S-12-005 An appeal by R. Bayrock of Condition No.1 of the Subdivision approval September 26 or 27, 2012 ------