Subdivision and Development Appeal Board

S U B D I V I S I O N

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. 18R/09 Thursday, 9:00 A.M. May 7, 2009

River Valley Room Main Floor, City Hall 2

Meeting No.: 18R/09 Thursday, May 7, 2009

SUBDIVISION AND DEVELOPMENT APPEAL BOARD RIVER VALLEY ROOM

------TO BE RAISED SDAB-D-09- Construct an I 9:00 A.M. 051 Accessory 84901738-001 Building (Detached Garage 7.93 metres by 7.31 metres). 17836 – 84 Street NW ------TO BE SDAB-D-09- Operate a Major Home II RAISED 039 Based Business (Two 10:15 room Bed and Breakfast) A.M. 928 – Heacock Road NW 84016758- 001 ------

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. 18R/09 Thursday, May 7, 2009 I

TO BE RAISED ITEM I: 9:00 A.M. FILE: SDAB-D-09-051

AN APPEAL FROM THE DECISION OF THE DEVELOPMENT OFFICER

Application No.: 84901738-001. DEVELOPMENT OFFICER’S DECISION DATE: March 10, 2009. ADDRESS OF APPELLANT: 17836 – 84 Street NW, Edmonton, AB, T5Z 0C3. DATE OF APPEAL: March 18, 2009. APPLICATION FOR PERMISSION TO: Construct an Accessory Building (Detached Garage 7.93 metres by 7.31 metres). ZONE: RSL Residential Small Lot Zone. LEGAL DESCRIPTION: Lot 103, Block 20, Plan 0625264. MUNICIPAL DESCRIPTION: 17836 – 84 Street NW. ______

DEVELOPMENT OFFICER’S DECISION

“REFUSED - The proposed development was refused for the following reason:

Where an Accessory Building is a Detached Garage, and where the vehicle doors of the Detached Garage face any flanking public roadway other than a Lane, the distance between the Garage and the lot line running parallel to that flanking public roadway shall not be less than 4.5 metres.

Required: 4.5 metres Proposed: 1.80 metres Deficient By: 2.70 metres.” ______

APPELLANT’S SUBMISSION

“ I am writing to appeal the decision of the Development Officer to refuse my application to build a detached garage at 17836 – 84 Street NW. The Project Number for this development is 84901738-001.

The reasons for my appeal are as follows:

cont’d.... 4

Meeting No. 18R/09 Thursday, May 7, 2009

FILE: SDAB-D-09-051 9:00 A.M.

APPELLANT’S SUBMISSION CONTINUED

This lot was purchased from the builder with the intent of building a detached garage in the future. This garage is required to prevent storage of my boat and a vehicle to be purchased in the near future on the driveway as neither will fit in the attached garage. Through the purchasing process, I was led to believe that there would be no issue with a future development of this nature and that I could in fact place it as close as 2 feet from my property line. Through the application process, I have since learned that this is not the case and that the bylaws were previously misinterpreted to me. In fact, I have since learned that my lot by City definition is not a corner lot but is subject to bylaws which prohibit me from building any structure closer than 4.5 metres from my property line.

I have seen lots of a similar nature with developments similar to that which I am proposing. In addition, I will be revising my plans with consideration to the City requirements, lot considerations and neighbour feedback. Lastly, the lot in question has a unique shape and slope in addition to a number of other issues, which prevent me from fully meeting the requirements of the City. I will elaborate on this in my appeal package, which I will forward to the Board prior to my hearing.” ______

SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS

This application is to construct an Accessory Building (Detached Garage 7.93 metres by 7.31 metres).

The site is located on the west side of 84 Street north of 178 Avenue and is zoned RSL Residential Small Lot Zone, Section 115.

NOTE:On April 16 2009, the Subdivision and Development Appeal Board made and passed the following motion:

“that the appeal be TABLED TO MAY 7, 2009 to allow the Appellant to provide the Board with a Plot Plan showing the siting of the proposed garage, which must include:

1. the perpendicular distance from the front corners of the proposed garage to the front and side property lines. 2. the interior angle of the property line measuring 9.53 metres and the property line measuring 32.83 metres at the southeast corner of the subject site. cont’d.... 5

FILE: SDAB-D-09-051 9:00 A.M.

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

The submitted plans indicate that the proposed Detached Garage is 7.93 metres by 7.31 metres in size and is located 0.61 metres from the rear property line and 1.80 metres from the flanking east side property line. Vehicular access to the proposed Detached Garage is proposed from the flanking east side property line (84 Street).

The Development Officer provides the following information:

Site Width: 10.40 metres Site Depth: 37.52 metres

Site Area: 660.78 square metres 45 percent Total Allowable Site Coverage: 297.35 square metres

Proposed Accessory Building: 57.97 square metres Principal Dwelling: 142.10 square metres Proposed Total Site Coverage: 200.07 square metres

Section 50.3(3)(a) states that the Site Coverage of Accessory Buildings, with or without a Garage Suite, or Structures shall not exceed 12 percent.

Under Section 115.4(5), the maximum total Site Coverage shall not exceed 45 percent, inclusive of the attached Garage and any other Accessory Buildings.

Section 50.3(5)(b) states where an Accessory Building is a detached Garage, and where the vehicle doors of the detached Garage face any flanking public roadway other than a Lane, the distance between the Garage and the lot line running parallel to that flanking public roadway shall not be less than 4.5 metres. The proposed distance is 1.80 metres and is deficient by 2.70 metres.

On file is a copy of the email dated March 21, 2007 from Stephanie Dimitroff, City of Edmonton, Transportation Planning, Development Review Services, North Section, which states the following:

cont’d.... 6

FILE: SDAB-D-09-051 9:00 A.M.

“ The Transportation Department does not have an issue with you having a second access at the north end of your property, off 84 Street.”

Section 6.1(16) states that a Corner Lot means:

a) a Lot located at the intersection of two public roadways, other than Lanes; or b) a Lot located abutting a public roadway, other than a Lane, which changes direction at any point where it abuts the lot;

provided that in both cases the Lot shall not be considered a Corner Lot where the contained angle formed by the intersection or change of direction is an angle of more than 135 degrees. In the case of a curved corner, the angle shall be determined by the lines tangent to the property line abutting the public roadways, provided the roadway is not a Lane, at the point which is the extremity of that property line. In the case of a curved corner, the point which is the actual corner of the Lot shall be that point on the property line abutting the public roadway, provided the roadway is not a Lane, which is nearest to the point of intersection of the tangent lines.

Section 6.1(17) states that a Corner Site means an area of land consisting of one or more adjacent Lots where at least one Lot is:

a) located at the intersection of two public roadways, other than Lanes; or b) abuts a public roadway, other than a Lane, which changes direction at any point where it abuts the Site;

provided that in both cases the Site shall not be considered a Corner Site where the contained angle formed by the intersection or change of direction is an angle of more than 135 degrees. In the case of a curved corner, the angle shall be determined by the lines tangent to the property line abutting the public roadways, provided the roadway is not a Lane, at the point which is the extremity of that property

cont’d.... 7

FILE: SDAB-D-09-051 9:00 A.M.

line. In the case of a curved corner, the point which is the actual corner of the Site shall be that point on the property line abutting the public roadway, provided the roadway is not a Lane, which is nearest to the point of intersection of the tangent lines.

The following permit applications are listed in Planning and Development’s POSSE System:

Application Description Decision Number 79123900-001 To construct an July 14, 2008; uncovered deck (L Approved with two shaped, 3.66 metres by conditions 5.49 metre, 1.83 metres by 1.83 metres at 0.81 metres in height) 71921913-001 Compliance Certificate October 9, 2007; Stamped 67149977-001 To construct a single May 1, 2007; Approved detached house with with conditions attached garage and fireplace and veranda ______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. ______8

SURROUNDING LAND USE DISTRICTS

Site Location File: SDAB-D-09-051 N

SUBDIVISION AND DEVELOPMENT APPEAL BOARD 9

Meeting No. 18R/09 Thursday, May 7, 2009 II

TO BE RAISED ITEM II: 10:15 A. M. FILE: SDAB-D-09-039

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

APPLICATION NO.: 84016758-001. DEVELOPMENT OFFICER’S DECISION DATE: February 5, 2009. NOTICE OF APPEAL PERIOD: February 10, 2009 to February 23, 2009. ADDRESS OF APPELLANT: 925 Heacock Road NW, Edmonton, AB, T6R 2K4. DATE OF APPEAL: February 23, 2009. RESPONDENT: ADDRESS OF RESPONDENT: 928 Heacock Road NW, Edmonton, AB, T6R 2L9. APPLICATION FOR PERMISSION TO: Operate a Major Home Based Business (two room Bed and Breakfast). ZONE: RF1 Single Detached Residential Zone. LEGAL DESCRIPTION: Lot 13, Block 93, Plan 9322279. MUNICIPAL DESCRIPTION: 928 Heacock Road NW. ______

DEVELOPMENT OFFICER’S DECISION

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

1. This Development Permit may be revoked or invalidated, at any time, if the following conditions are not met. (Reference Section 23.5).

2. The Major Home Based Business (Bed and Breakfast) shall be operated as a secondary use only, and shall not change the principal character or external appearance of the dwelling or accessory buildings.

3. There shall be no exterior display or advertisement other than an identification plaque or sign a maximum of 20 centimetres (8 inches) by 30.5 centimetres (12 inches) in size located on the dwelling.

cont’d.... 10

FILE: SDAB-D-09-039 10:15 A.M.

DEVELOPMENT OFFICER’S DECISION CONTINUED

4. The Major Home Based Business shall not generate pedestrian or vehicular traffic, or parking, in excess of that which is characteristic of the District in which it is located.

5. No guest vehicle parking shall be allowed within a required front or flanking side yard and/or public roadway. The vehicle shall be parked on the site so that the vehicle is not highly visible from any public roadway other than a lane.

6. A Bed and Breakfast Operation, operating as a Major Home Occupation shall have a maximum of two (2) sleeping units. Cooking facilities shall not be located within the sleeping units. In addition to any other parking requirements of this Bylaw, one additional parking space shall be provided for each sleeping unit.” ______

APPELLANT’S SUBMISSION

“The Development Permit No. 84016758-001 adversely affects the character, use and enjoyment of the neighbourhood properties for the following reasons:

1. The operation of a Bed and Breakfast will certainly adversely affect the residential character of this neighbourhood given that this house, along with all the other homes in this neighbourhood, were meant to be larger, well appointed homes, solely for single family residential use. 2. The Permit states that this is a ‘Two room Bed and Breakfast’ which includes ‘kitchen and supplies, linens, dishes’. A typical legal Bed and Breakfast will have one room only and no kitchen nor any food preparation facilities are allowed. 3. There is no certainty of what the maximum occupancy is and the increase in frequency of the ingress and egress of various non-residential parties will certainly change the residential characteristic of the house. There is no control over the hours of use and in fact, the usage is on a 24/7 basis. The impermanence of non-residentials is unmanageable nor controllable.

cont’d…. 11

FILE: SDAB-D-09-039 10:15 A.M.

APPELLANT’S SUBMISSION CONTINUED

4. Much higher vehicular usage as well as pedestrian usage will endanger the numerous young children living and playing in the neighbourhood. Such increase and congestion from the customers, suppliers and service providers with respect to the bed and breakfast will be very uncharacteristic for this neighbourhood. 5. Parking is an issue as all vehicles will be highly visible from many of the angles of view. 6. Any type of signage on a more than sporadic basis in this subdivision is completely out of character as per typical residential use. 7. A Bed and Breakfast operation would be more appropriate in a higher density or commercial zone having regard for the overall compatibility of the Use with the residential character of the area. This property is located in an inner area of the subdivision and is remote from the usual amenities which are required to support a Bed and Breakfast. 8. Guest parking in the front of the house will unduly interfere with the amenities of the neighbourhood. There is minimum frontage for this corner pie shaped lot abutting a pedestrian walk-through. 9. The Bed and Breakfast will materially interfere with or affect the use, enjoyment and value of the neighbouring properties, even outside of the 60 metre radius to the subject property, particularly due to the transient population of the clients which is out of character for this neighbourhood. 10. Given that families in the neighbourhood have school attending children, any increase of traffic by vehicles or pedestrians outside of normal hours is out of character, very disruptive and increases risks and hazards to all residents. 11. The location of this property is at a key intersection and any impact including signage will be deleterious. 12. The lack of compliance monitoring and statutory controls for a Bed and Breakfast and as applied by the Development Officer in approving the Development Permit make it apparent that it should not have been approved in the first instance and the burden for reporting apparent violations is placed on the neighbours who do not have a statutory nor monitoring mechanism for enforcement of the Permit and other relevant terms and conditions.” ______

cont’d.... 12

FILE: SDAB-D-09-039 10:15 A.M.

SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS

This application is to operate a Major Home Based Business (Two room Bed and Breakfast).

The site is located on the south side of Rabbit Hill Road west of Riverbend Road and is zoned RF1 Single Detached Residential Zone, Section 110 of the Edmonton Zoning Bylaw 12800.

NOTE:On March 19, 2009 the Subdivision and Development Appeal Board made and passed the following motion:

“that the subject appeal be TABLED TO MAY 7, 2009 to provide the Appellant and Respondent additional time to bring forward further evidence.”

The proposed use, a Major Home Based Business, is listed as a Discretionary Use in the RF1 Zone, Section 110.3(5).

Section 7.3(6) defines Major Home Based Business as development consisting of the use of an approved Dwelling or Accessory building by a resident of that Dwelling for one or more businesses such businesses may generate more than one business associated visit per day. The business use must be secondary to the residential Use of the building and shall not change the residential character of the Dwelling or Accessory building. The Dwelling may be used as a workplace by a non-resident. This Use Class includes Bed and Breakfast operations but does not include General Retail Sales.

Bed and Breakfast Operation means a Dwelling where temporary sleeping accommodations, with or without meals, are provided for remuneration to members of the public (Section 6.1(11)).

Dwelling means one or more self-contained rooms provided with sleeping and cooking facilities, intended for domestic use, and used or intended to be used permanently or semi-permanently as a residence for a Household and either up to two lodgers, roomers or boarders (Section 6.1(23)). 13

cont’d… Meeting No. 18R/09 Thursday, May 7, 2009

FILE: SDAB-D-09-039 10:15 A.M.

The Permit Detail indicates that the description of the business/business activities is bed and breakfast; no construction is required and 2 bedrooms will be used; equipment (bed, linens, kitchen, supplies, and dishes) is kept in the kitchen and linen closet; the number of customer visits is one; the number of employees is one and the employee resides at the subject site.

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

The decision of approval by the Development Officer has been appealed by an adjacent property owner who resides at 925 Heacock Road on behalf of herself and concerned property owners.

Section 75(3) states that the Major Home Based Business shall not generate pedestrian or vehicular traffic, or parking, in excess of that which is characteristic of the Zone in which it is located. Section 75(4) states that the number of non-resident employees or business partners working on-site shall not exceed two at any one time. Section 75(5) indicates that there shall be no outdoor business activity, or outdoor storage of material or equipment associated with the business. Indoor storage related to the business activity shall be allowed in either the Dwelling or Accessory buildings. Section 75(6) states that the Major Home Based Business shall not change the principal character or external appearance of the Dwelling or Accessory buildings.

Section 75(9) indicates that the Major Home Based Business shall not be allowed if, in the opinion of the Development Officer, such Use would be more appropriately located in a Commercial or Industrial Zone having regard for the overall compatibility of the Use with the residential character of the area.

Section 54.2, Schedule 1(5)(a) states a Bed and Breakfast Use requires a minimum number of 1 parking space per guest room in 14

addition to the parking required for the primary Dwelling. A Single Detached House

cont’d…. Meeting No. 18R/09 Thursday, May 7, 2009

FILE: SDAB-D-09-039 10:15 A.M.

requires a minimum of 2 parking spaces per Dwelling, it may be in tandem and may include 1 Garage space.

The following permit applications are listed in Planning and Development’s POSSE System:

Application Description Decision Number 609275-001 Compliance November 28, 1997; Stamped Certificate 586882-001 To construct a July 8, 1997; Approved with Single Detached two conditions. House with attached garage, deck, and fireplace ______

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. ______15

SURROUNDING LAND USE DISTRICTS

Site Location File: SDAB-D-09-039 N

SUBDIVISION AND DEVELOPMENT APPEAL BOARD 16

Meeting No. 18/09 Thursday, May 7, 2009

BUSINESS LAID OVER

------SDAB-D-09-050 An appeal by Graphtec Design to construct an addition to a Single Detached House (2.74 metres by 5.79 metres Rear Uncovered Deck). May 14, 2009 ------SDAB-D-09-049 An appeal by Nearctic Group VS Simon K Yu, Barrister & Solicitor to operate a Major Home Based Business (Simon K. Yu, Barrister & Solicitor). May 21, 2009. ------SDAB-D-09-016 An appeal by Nassem Hassam to construct an addition to a Single Detached House and upper and lower deck, existing without permits. June 4, 2009 ------