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AGENDA SUBDIVISION and DEVELOPMENT APPEAL BOARD Monday, September 28, 2020 – 10:00 A.M

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AGENDA SUBDIVISION and DEVELOPMENT APPEAL BOARD Monday, September 28, 2020 – 10:00 A.M AGENDA SUBDIVISION AND DEVELOPMENT APPEAL BOARD Monday, September 28, 2020 – 10:00 a.m. BY MEANS OF VIRTUAL ELECTRONIC COMMUNICATION Teleconference Information: 780-429-5820 - Edmonton 1-855-353-9183 - Toll Free Access Code: 81418# 1) Call to order 2) Members Present 3) Adoption of Agenda 4) 10:00 a.m. Appointment I. An appeal of Development Permit 20-D-215 for a Secondary Suite within Accessory Building (garden suite above detached garage with maximum floor area varied from 92 m2 to 99 m2) located at Lot 12, Block 3, Plan 7920997, Marrakesh Properties, N.W. 1- 53-2-5. Municipal Address 12, 2022 Parkland Drive. i. Appellant: Kelly & Debbie Engstrom ii. Applicant: Kel & Colleen Kreller 5) Next Meeting – 10:00 a.m., October 5, 2020 6) Adjournment SDAB - 2020-09-28 Page 1 of 70 TABLE OF CONTENTS APPEAL OF DISCRETIONARY DEVELOPMENT PERMIT 20-D-215 1. LETTER OF APPEAL – KELLY & DEBBIE ENGSTROM .......................................................................... PAGE 3 2. SUBMISSION OF THE DEVELOPMENT AUTHORITY ........................................................................... PAGE 6 3. SUBMISSION OF THE APPELLANT – KELLY & DEBBIE ENGSTROM ................................................. PAGE 43 4. SUBMISSION OF THE APPLICANT – KEL & COLLEEN KRELLER ....................................................... PAGE 57 Subdivision and Development Appeal Board SDAB - 2020-09-28 Page 2 of 70 eparkland Notice of Appea I county Subdivision and Development Appeal Board Site and appellant information (fill out completely) Site Information ...., Municipal address of site c: :::s o (.) (if applicable) Appeal Against (check one box only) Development Permit Subdivision Application Order • ~proval 0 Approval 0 Notice of order Conditions of approval D Conditions of approval 0 Refusal D Refusal Reasons for appeal Sections 678 and 686 of the Municipal Government Actrequire that the written Notice of Appeal must contain specific reasons for the appeal. (FO/Pjand is managed in accordance with the provisions of FOIP,This information will be used to process your request for a hearing before the Subdivision and Development Appeal Board, Your information will form part of a file available to the public. If you have any questions about the collection of your personal Date (VYYY/MM/DD) SDAB - 2020-09-28 Page 3 of 70 If h G._ J,;"rt.d 5¥<i(<!..Lbl +h::Dw.Jl'rlf] dt.e-lo cz. C"l~Ltv{; 5:-.fbd: d;J::thc o)(/.)d SIde: crQ +~C-?iC~(·+1J,ce-. 1 J Your life. Your plan. SDAB - 2020-09-28 Page 4 of 70 AlB Investor Services'" Your life. Your plan. SDAB - 2020-09-28 Page 5 of 70 Development Authority Written Submission to the SDAB Administration Report September 28, 2020 SDAB - 2020-09-28 Page 6 of 70 Development Authority Written Submission to the Subdivision and Development Appeal Board Property Address 12, 2022 Parkland Drive Legal Description Plan 792 0997 Blk 3 Lot 12 within NW-1-53-2-W5M (the “Lands”) Application # 20-D-215 Date of Written Submission September 21, 2020 Submission Author Thomas Lippiatt Appellant Kelly and Debbie Engstrom 1. SUMMARY Kelly and Debbie Engstrom are appealing the decision of the Development Authority of Parkland County to approve a development permit application made by Kel and Colleen Kreller for a garden suite above detached garage with maximum floor area varied from 92 m2 to 99 m2. The subject Lands are located at 12, 2022 Parkland Drive, legally described as Plan 792 0997, Block 3, Lot 12. The Lands overlook a local lake and are adjacent to its surrounding Environmental Reserve. The Development Authority reviewed the application and issued an approval on the bases/grounds that it complies with the Land Use Bylaw 2017-18. The Development Authority submits that the approval be upheld and this appeal be dismissed. 2. LAND USE DISTRICT AND USE CLASS The Lands are located within the CR - Country Residential District. Upon review of the application the Development Authority determined the Use Class to be Secondary Suite within Accessory Building. Respectively, Accessory Uses are a Permitted Use, and Secondary Suites are a Discretionary Use, on the Lands as outlined in Section 5.3 of Land Use Bylaw 2017-18. 3. RELEVANT PLANNING DOCUMENTS A. Land Use Bylaw No. 2017-18 . The proposed development was determined by the Development Authority to be Secondary Suites within an Accessory Building as defined in Section 20.3. Accessory Uses to Single Detached Dwellings are a Permitted Use as listed in Section 5.3 CR – Country Residential District. Secondary Suites are a Discretionary Use as listed in Section 5.3 CR – Country Residential District. Page 1 of 3 SDAB - 2020-09-28 Page 7 of 70 DA Written Submission to SDAB cont … . Section 12.16 identifies the regulations the Development Authority must consider when evaluation a proposed Secondary Suite. The proposed development satisfies these regulations, with the maximum floor area of the suite varied from 92 m2 to 99 m2 and the setback distance varied from 6 m to 5 m at its northeast corner only. B. Municipal Development Plan Bylaw No. 2017-14 (the “MDP”) . The Lands are within the Rural Agriculture Area and is immediately adjacent to the Country Residential Area as identified in the MDP Development Concept. The Lands are also within the Prime Recreation/Tourism Area and the proposed development complies with Section 8.2. C. Area Structure Plan . The Lands are not subject to an Area Structure Plan. D. Environment Conservation Master Plan (ECMP) . The Lands are not subject to an Environmentally Significant Area (ESA) as defined in the ECMP. 4. RELEVANT BACKGROUND The following items were submitted by the Applicant to the Development Authority in support of their application: 1. Site Plan 2. Floor Plan showing a three-car garage at grade and second storey “garden suite” above. 3. Elevation drawings showing front, rear, left and right exposures of the proposed structure. The application was received and deemed complete on July 28, 2020 and was issued Approved on August 12, 2020. In approving the Development Permit the Development Authority varied (1) the maximum allowable floor area of the Secondary Suite from 92 m2 to 99 m2 and (2) the minimum setback distance between the northeast corner of the structure and the adjacent property line, from 6 m to 5 m. The Appellant is appealing the decision of the Development Authority to approve a Development Permit, with conditions, for a Secondary Suite within an Accessory Building. 5. REVIEW AND DISCUSSION In the opinion of the Development Authority, the proposed development on the Lands meets the intent of the regulations and definitions for Secondary Suites and Accessory Uses. The following points were considered in reaching this opinion: . Proposed Land Use o A three-car garage is an Accessory Use to a Single Detached Dwelling and is a Permitted Use in the CR- Country Residential District. An existing Single Detached Swelling is located on the Lands. Page 2 of 3 SDAB - 2020-09-28 Page 8 of 70 DA Written Submission to SDAB cont … o A Secondary Suite is a Discretionary Use in the CR – Country Residential District, and the proposed suite is compliant with Section 12.16 – Secondary Suite Development Regulations, and Section 20.3 Use Class Definitions in the Land Use Bylaw 2018-17, variances notwithstanding. Variances o The two (2) variances issued will not unduly interfere with the amenities of the neighbourhood or materially interfere with or affect the Use, enjoyment, or value of neighbouring properties because of (1) the configuration and (2) location of the proposed structure. (1) The proposed configuration of the structure provides the overall appearance of an Accessory Building, consistent with existing built form throughout the neighbourhood. Varying the maximum allowable floor area from 92 m2 to 99 m2 accommodates a separate entrance and associated stairway, the former of which is required under Section 12.16 of the Land Use Bylaw. (2) The proposed structure is located at a v-shaped convergence of the Lands’ property lines which forms a triangle of vacant space between the proposed structure and the adjacent lands. The closest point between the structure and adjacent property lines is at its northeast corner, and it meets or exceeds the minimum 6 m setback at all other points along its east facing exposure. Adjacent Land Use o The Development Authority is of the opinion that the proposed development is compatible with surrounding adjacent land uses. The proposed development is located adjacent to other similar residential uses (i.e. residential lots to the east and west and lakefront to the south). 6. CONCLUSION The Development Authority submits that the SDAB uphold the decision of the Development Authority and concludes that the proposed developments on the Lands meets the regulations and definitions relevant to a Secondary Suite within an Accessory Building. 7. EXHIBITS Exhibit Name of Document A Development Permit Decision, dated August 12, 2020 B LUB excerpts (Sections 5.3, 12.16, and 20.3) C MDP excerpts (Section 8.2) D Development Authority’s PowerPoint presentation Development Authority Supervisor, Development Planning Page 3 of 3 SDAB - 2020-09-28 Page 9 of 70 Exhibit A Development Permit Decision SDAB - 2020-09-28 Page 10 of 70 Planning and Development Services Phone: (780) 968-8888 Fax: (780) 968-8444 DISCRETIONARY USE APPROVED DEVELOPMENT PERMIT APPLICATION NO.: 20-D-215 ROLL: 1635003 Kreller, Kel & Colleen 45 Greenbury Cr Spruce Grove, Alberta, T7X 0L9 On July 28, 2020, the Development Authority deemed your application complete. In reviewing your application for a garden suite above detached garage with maximum floor area varied from 92 m2 to 99 m2 the Development Authority determined the use to be Secondary Suite within Accessory Building. The property is located at Lot 12, Block 3, Plan 7920997 , Marrakesh Properties, NW-1-53-2-W5, Municipal Address: 12 2022 PARKLAND DR and is within the Country Residential District.
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