SUBDIVISION
AND
DEVELOPMENT APPEAL BOARD
AGENDA
Meeting No. 17HR3/14
Thursday, 9:00 A.M.
May 1, 2014
Hearing Room No. 3
Main Floor, Churchill Building
2
Meeting No.: 17HR3/14
Thursday, May 1, 2014
SUBDIVISION AND DEVELOPMENT APPEAL BOARD
HEARING ROOM NO. 3
---------------------------------------------------------------------------------------------------------------------9:00 A.M.
SDAB-D-14-120
Construct an Accessory
I
148949589-001
Building (detached
Garage – 11.64 metres by
9.17 metres), existing
without permits
10212 – 151 Street NW
----------------------------------------------------------------------------------------------------------------------BREAK – 10:00 A.M. TO 10:15 A.M.
----------------------------------------------------------------------------------------------------------------------10:15 A.M.
SDAB-D-14-121
Construct a Duplex
II
149851148-001
House with veranda,
balconies (3.27 metres by
2.34 metres and 3.51
metres by 1.68 metres)
and basement
development (not to be
used as an additional
Dwelling)
11041 – 84 Avenue NW
----------------------------------------------------------------------------------------------------------------------LUNCH BREAK – 12:30 P.M. TO 1:00 P.M.
-----------------------------------------------------------------------------------------------------------------------
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. 17HR3/14
Thursday, May 1, 2014
I
ITEM I: 9:00 A.M.
FILE: SDAB-D-14-120
AN APPEAL FROM THE DECISION OF THE DEVELOPMENT OFFICER
APPLICATION NO.:
148949568-001.
ADDRESS OF APPELLANT:
4604 Donsdale Road NW, Edmonton
AB, T6M 2N2.
APPLICATION TO:
Construct an Accessory Building
(Detached Garage – 11.64 metres by
9.17 metres), existing without permits.
DECISION OF THE
DEVELOPMENT AUTHORITY:
Refused.
DECISION DATE:
March 12, 2014.
DATE OF APPEAL:
April 3, 2014.
MUNICIPAL DESCRIPTION
OF SUBJECT PROPERTY:
10212 – 151 Street NW.
LEGAL DESCRIPTION:
Lot 18, Block 43, Plan 2196AD.
ZONE:
RF2 Low density Infill Zone.
OVERLAY:
Mature Neighbourhood Overlay.
STATUTORY PLAN:
.
__________________________________________________________________
cont’d....
4
Meeting No. 17HR3/14
Thursday, May 1, 2014
FILE: SDAB-D-14-120
9:00 A.M.
DEVELOPMENT OFFICER’S DECISION
“REFUSED - The proposed development is refused for the following reasons:
The site coverage of Accessory Buildings or Structures shall not
exceed 12 percent. (Reference Section 50.3(3)).
12 percent:
82.48 square metres
Proposed:
Exceeds by:
106.53 square metres (15.4 percent)
24.05 square metres ( 3.4 percent)
An Accessory Building or Structure shall not exceed 4.3 metres
(14.1 feet) nor one storey in Height. (Reference Section 50.3(2))
Roof pitch is 4/12 height is taken to the peak.
Proposed Height:
4.59 metres
Exceeds by:
0.29 metres.”
___________________________________________________________________
APPELLANT’S SUBMISSION
“When we bought the property, the garage was on it. We are building a duplex on
it so we took some 2 feet from one side and added 3 feet to the other to make it
even on both sides. Contractor did not take a permit and built before. We are
taking him to Court. We altered the garage since it was built. We did not change
the height, only altered the sides.”
___________________________________________________________________
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
This application is to construct an Accessory Building (detached Garage 11.64
metres by 9.17 metres), existing without permits.
The site is located on the west side of 151 Street, north of 102 Avenue, 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.
cont’d....
5
Meeting No. 17HR3/14
Thursday, May 1, 2014
FILE: SDAB-D-14-120
9:00 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED)
Section 686(1)(a)(i) of the Municipal Government Act states “a development appeal
to a subdivision and development appeal board is commenced by filing a notice of
the appeal, containing reasons, with the board within 14 days….after the date on
which the person is notified of the order or decision or the issuance of the
development permit.”
The decision of refusal by the Development Officer is dated March 12, 2014.
Fourteen days from the decision date is March 26, 2014 and the Notice of Appeal
was filed on April 3, 2014.
It should be noted, included in the Sustainable Development Department’s POSSE
system, under “Docs”, is a Canada Post Registered Mail Delivery, dated March 24,
2014 that confirms the notice of refusal was delivered on March 18, 2014. A copy
of the Canada Post Registered Mail Delivery is on file.
The submitted Site Plan by Hagen Surveys (1982) Ltd. dated November 29, 2013
shows that the subject site is 45.04 metres by 15.24 metres in size. The proposed
detached Garage is 11.64 metres by 9.17 metres in size and is located 1.81 metres
from the (north) Side Lot Line, 1.84 metres from the (south) Side Lot Line, and
1.48 metres from the (west) Rear Lot Line. The vehicle Garage door faces the
(west) Rear Lot Line and is accessed from the (west) rear Lane.
The Development Officer has provided the following information:
Site Area:
687.33 square metres
12 percent allowable Site Coverage:
28 percent allowable Site Coverage:
40 percent allowable Site Coverage:
82.48 square metres
192.45 square metres
274.93 square metres
Existing Principal Building:
152.38 square metres
Proposed Accessory Building:
106.53 square metres
Proposed Total Site Coverage:
258.91 square metres
cont’d....
6
Meeting No. 17HR3/14
Thursday, May 1, 2014
FILE: SDAB-D-14-120
9:00 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED)
Section 50.3(3)(a) states the Site Coverage of Accessory Buildings, with or without
a Garage Suite, or Structures shall not exceed 12 percent, unless a different standard
is prescribed within the regulations contained within the relevant Zone.
Section 120.4(7)(a) states for Semi-detached Housing with a Site area of 600 square
metres or greater, 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.
The Development Officer determined that the maximum allowable Site
Coverage for an Accessory Building is 82.48 square metres. The proposed
Accessory Building Site Coverage is 106.53 square metres, which exceeds the
maximum allowable Site Coverage by 24.05 square metres.
Section 50.3(2) states an Accessory Building or Structure shall not exceed 4.3
metres nor one Storey in Height.
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.
cont’d....
7
Meeting No. 17HR3/14
Thursday, May 1, 2014
FILE: SDAB-D-14-120
9:00 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED)
The Development Officer has determined that proposed 4/12 pitch has a slope
of less than 20 degrees. The proposed Height (to peak) is 4.59 metres and
exceeds the maximum allowable Height by 0.29 metres.
Section 6.1(93) states that Site Coverage means the total horizontal area of all
buildings or structures on a Site which are located at or higher than 1.0 metre 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 metre or more above grade; or
c) unenclosed inner and outer courts, terraces and patios where these are less than
1.0 metre above grade.
Under Section 6.1(2), 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.
cont’d....
8
Meeting No. 17HR3/14
Thursday, May 1, 2014
FILE: SDAB-D-14-120
9:00 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED)
Under Section 6.1(42), Garage means an Accessory building, or part of a principal
building designed and used primarily for the storage of motor vehicles and includes
a carport.
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 that the purpose of the RF2 Low Density Infill Development
Zone is to retain Single Detached Housing, while allowing infill on narrow lots,
including Secondary Suites under certain conditions.
The following permit application is listed in the Sustainable Development
Department POSSE system:
Application
Number
139393680-001
Description
Decision
Plan of Subdivision to September 20, 2013; Approved
create separate titles for a with conditions
semi-detached dwelling
132400871-001 To construct a Semi- January 3, 2013; Approved with
Detached
House
with conditions
uncovered
deck
(3.66
metres by 3.66 metres) and
veranda.
___________________________________________________________________
cont’d....
9
Meeting No. 17HR3/14
Thursday, May 1, 2014
FILE: SDAB-D-14-120
9:00 A.M.
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-14-120
SUBDIVISION AND DEVELOPMENT APPEAL BOARD
N
11
Meeting No. 17HR3/14
Thursday, May 1, 2014
II
ITEM II: 10:15 A.M.
FILE: SDAB-D-14-121
AN APPEAL FROM THE DECISION OF THE DEVELOPMENT OFFICER BY
AN ADJACENT PROPERTY OWNER
APPLICATION NO.:
149851148-001.
ADDRESS OF APPELLANT NO. 1:
300, 8540 – 109 Street NW, Edmonton
AB, T6G 1E6.
ADDRESS OF APPELLANT NO. 2:
10946 – 84 Avenue NW, Edmonton
AB, T6G 0V4.
APPLICATION TO:
Construct a Duplex House with
veranda, balconies (3.27 metres by
2.34 metres and 3.51 metres by 1.68
metres) and basement development
(not to be used as an additional
Dwelling).
DECISION OF THE
DEVELOPMENT AUTHORITY:
Approved.
DECISION DATE:
March 19, 2014.
DATE OF APPEALS:
April 2, 2014 and April 7, 2014.
NOTIFICATION PERIOD:
March 25, 2014 through April 7, 2014
ADDRESS OF RESPONDENT:
9028 – 208 Street NW.
MUNICIPAL DESCRIPTION
OF SUBJECT PROPERTY:
11041 – 84 Avenue NW.
LEGAL DESCRIPTION:
Lot 20, Block 160, Plan I23A.
cont’d....
12
Meeting No. 17HR3/14
Thursday, May 1, 2014
FILE: SDAB-D-14-121
10:15 A.M.
ZONE:
DC1 Direct Development Control
Provision.
OVERLAY:
STATUTORY PLAN:
Garneau Area Redevelopment Plan.
__________________________________________________________________
DEVELOPMENT OFFICER’S DECISION
“APPROVED –
The proposed development is approved subject to the following
conditions:
This Development Permit authorizes the development of a
Duplex House with a veranda, balconies (3.27 metres by 2.34
metres and 3.51 metres by 1.68 metres) and basement
development (not to be used as an additional dwelling). This
does not authorize any development of a basement suite within
the Duplex House and has to correspond with the stamped
drawings and plot plan.
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.
Any future basement development may require Development and
Building Permit approvals.
This Development Permit authorizes the development of this
proposed Duplex House which should correspond with the
stamped documents and drawings.
cont’d....
13
Meeting No. 17HR3/14
Thursday, May 1, 2014
FILE: SDAB-D-14-121
10:15 A.M.
DEVELOPMENT OFFICER’S DECISION (CONTINUED):
A basement suite shall not be permitted in the proposed Duplex
House.
Platform Structures greater than 1.0 metres above Grade shall
provide privacy screening to prevent visual intrusion into
adjacent properties.
The maximum number of Dwellings per lot and applicable
density regulations shall be as follows: Where Semi-detached
Housing and Duplex Housing are allowed in this Zone, a
maximum of two Dwellings per lot or and where Single
Detached Housing is developed in this Zone, a maximum of one
Semi-detached Housing requires 2 on-site parking spaces per
Dwelling and may be in tandem to the attached garage.
(Reference Section: 54.2(3))
The design and appearance of new developments shall
incorporate building details and finishing materials which are
common to the domestic architecture of the turn of the century
and early 1920's detached housing in the area.
Existing trees and vegetation shall be retained wherever possible
and where removal for new construction is required, mature trees
shall be planted to maintain the appearance of the streetscape.
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.
Notwithstanding the Landscaping regulations of Section 55 of
this Bylaw, where new development consists of replacement or
infill within areas of existing housing, Landscaping shall be
implemented as a component of such new development in order
to replace vegetation removed during construction or to reinforce
an established Landscaping context in the area. (Reference
Section 140.4(16))
cont’d....
14
Meeting No. 17HR3/14
Thursday, May 1, 2014
FILE: SDAB-D-14-121
10:15 A.M.
DEVELOPMENT OFFICER’S DECISION (CONTINUED):
For Single-detached Housing, Semi-detached Housing and
Duplex Housing, a minimum Private Outdoor Amenity Area
shall be designated on the Site plan. Neither the width nor length
of the Private Outdoor Amenity Area shall be less than 4.0
metres. The Private Outdoor Amenity Area may be located
within any Yard, other than a Front Yard, and shall be
permanently retained as open space, unencumbered by an
Accessory Building or future additions. (Reference Section
140.4(15))
Note: Lot grades must match the Engineered approved lot
grading plans for the area. Contact Drainage Services at 780496-5500 for lot grading inspection inquiries.
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.”
__________________________________________________________________
APPELLANTS’ SUBMISSIONS
APPELLANT NO. 1
“Reasons for Appeal
1. The application is for a duplex with basement development which is not to be
used as an additional dwelling. There are clearly 3 kitchens drawn and marked
on the plans; the basement kitchen has 2 associated bedrooms; the main floor
kitchen has 2 associated bedrooms; and the upper floor kitchen has 3 associated
bedrooms. This is not a duplex.
cont’d....
15
Meeting No. 17HR3/14
Thursday, May 1, 2014
FILE: SDAB-D-14-121
10:15 A.M.
APPELLANT NO. 1 (CONTINUED)
2. The proposal does not comply with the Garneau Area Redevelopment Plan
(GARP), with Council direction in GARP, nor with the requirements of the
Direct Control regulation. With 8 bedrooms, 3 kitchens, 3 living rooms, 3
laundry rooms and 4 full bathrooms, the proposal represents a significant overdevelopment of what is designated to be a single family lot.
USE: The lot is designated for a single detached house. It is too small for a
duplex.
3. According to the GARP and the DC1 regulation, the minimum lot size for a
duplex is 6,458.4 square feet and the minimum lot width is 49 feet, 2.4 inches.
The subject lot size is only 4,350.156 square feet and its width is only 33 feet.
The proposal is to overbuild on the lot by 50 Percent.
4. There is no unnecessary hardship or practical difficulty peculiar to this property
that is not common to other land in the same district and would justify a 50
Percent variance. The only two other original duplexes in the district are on lots
that meet and exceed the minimum requirements of 6,458.4 square feet and 49
feet, 2.4 inches (11003 – 85 Avenue and 10948 – 84 Avenue).
5. The Development Officer can reduce the lot size and the lot width, but only to
the extent necessary to match the scale, massing and siting of adjacent
developments or to prescribe an architectural design and appearance. Not one
of those limitations includes the right to overbuild.
SCALE:
The building height is excessive
6. According to the GARP and the DC1 regulation, the maximum height is the
lesser of either 2 ½ Storeys and 33 feet to the midpoint between the eaves and
roof top, or the height of adjacent buildings. Adjacent buildings are
predominantly 2 Storeys high, with occasional 1 Storey and 1 ½ Storey
dwellings.
7. The Applicant provided no date on the number of Storeys or on the height in
feet of any of the adjacent buildings. Consequently, there is no justification for
increasing the height to 2 ½ Storeys.
cont’d....
16
Meeting No. 17HR3/14
Thursday, May 1, 2014
FILE: SDAB-D-14-121
10:15 A.M.
APPELLANT NO. 1 (CONTINUED)
DESIGN AND APPEARANCE:
Architectural features are contrary to the
GARP and DC1”
8. Second storey balcony at the front of the building is not characteristic of the
period specified by the GARP.
9. Cultured stone cladding is not a typical exterior material of the period specified
by the GARP.
10. Window design is not characteristic of the period specified by the GARP.
SITING:
The front yard is too short and the side yards are too narrow
11. The minimum front yard setback is 19 feet, 8 inches. The proposal is to reduce
it down to 17 feet, 8.65 inches.
12. The GARP allows the Development Officer to reduce the setback to as low as
18 feet, 10.56 inches (the average of all lots on the block face) but no more than
that. The Development Officer does not have the authority to reduce it to 17
feet, 8.625 inches.
13. The minimum side yard for a building of this height is 6 feet, 6 inches. The
proposal is to reduce the side yards down to 4 feet on one side and 4 feet, 1.5
inches on the other.
14. The Development Officer can reduce a side yard but only to the extent
necessary to make it compatible with any similarly narrower side yards common
to other properties on the same block face. The Applicant provided no evidence
that the side yards of other houses of this height are less than 6 feet, 6 inches.
Without that evidence, there is no justification for reducing the side yard
setbacks.
PARKING: A rear garage should be included in the application
15. Garages off the rear lane are a common feature of this distinct architectural area.
If such a development is not included in the permit for the principal use, there is
no assurance one would ever be provided or required later.
16. Any other matters raised during the hearing.”
cont’d....
17
Meeting No. 17HR3/14
Thursday, May 1, 2014
FILE: SDAB-D-14-121
10:15 A.M.
APPELLANTS’ SUBMISSIONS (CONTINUED):
APPELLANT NO. 2
“The proposed development does not comply with the Garneau ARP and the DC1
regulations, and is not consistent with City Council’s objectives for the special
character area.”
_________________________________________________________________
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
This application is to construct a Duplex House with veranda, balconies (3.27
metres by 2.34 metres & 3.51 metres by 1.68 metres) and Basement development
(not to be used as an additional Dwelling).
The site is located on the south side of 84 Avenue, west of 110 Street zoned DC1
(Garneau) Direct Development Control Provision, Section 710 of the Edmonton
Zoning Bylaw 12800. The site is within the Garneau Area Redevelopment Plan,
under Bylaw 6221 (as amended), approved by City Council on May 25, 1982.
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:
cont’d....
18
Meeting No. 17HR3/14
Thursday, May 1, 2014
FILE: SDAB-D-14-121
10:15 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED)
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.
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 ParkdaleCromdale 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 1 of the DC1 (Garneau) Direct Development Control Provision states the
area of application for the DC1 zone provided by the Garneau Area Redevelopment
Plan is: Portions of Sub area 1 north of 83 Avenue between 111 Street and 109
Street.
Under Section 3 of the DC1 (Garneau) Direct Development Control Provision
states, the following are listed Uses:
cont’d....
19
Meeting No. 17HR3/14
Thursday, May 1, 2014
FILE: SDAB-D-14-121
10:15 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED)
(3) Duplex Housing where the side lot line of the site abuts a site in an
Industrial, Commercial, Row Housing, or Apartment District, or is not
separated from it by a public roadway more than 10 metres (32.8 feet) wide.
(4) Duplex Housing, other than those which are permitted.
Under Section 7.2(2) of the Edmonton Zoning Bylaw Duplex Housing means
development consisting of a building containing only two Dwellings, with one
Dwelling placed over the other in whole or in part. Each Dwelling has separate and
individual access, not necessarily directly to Grade. This type of development is
designed and constructed as two Dwellings at the time of initial construction of the
building. This Use Class does not include Secondary Suites or Semi-detached
Housing.
Under Section 10.1(2) of the Land Use Bylaw, Duplex Housing means
development consisting of a building containing only two Dwellings, with one
Dwelling placed over the other in whole or in part with individual and separate
access to each Dwelling. This type of development shall be designed and
constructed as two Dwellings at the time of initial construction of the building.
This Use Class does not include Secondary Suites.
This application was approved by the Development Officer subject to conditions.
The decision of approval by the Development Officer has been appealed by The
Garneau Community League Planning Committee and a neighbouring property
owner at 10946 – 84 Avenue.
Section 4 Development Criteria of the DC1 states the following development
criteria shall apply to developments within this District pursuant to Section 710.4 of
the Land Use Bylaw:
(1)
The General Regulations and Special Land Use Provisions of the
Land Use Bylaw.
cont’d....
20
Meeting No. 17HR3/14
Thursday, May 1, 2014
FILE: SDAB-D-14-121
10:15 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED)
(2)
The development regulations of the RF3 (Low Density
Redevelopment) District, provided that the Development Officer
may relax these regulations for individual applications, where such
relaxations would assist in the achievement of the development
criteria in Clauses 3, 4 and 5 below.
The submitted Site Plan shows that the subject site has a Site Width of 10.06 metres
and a Site depth of 40.18 metres. The proposed Duplex House is located 5.40
metres from the (north) Front Lot Line, 1.26 metres from the (west) Side Lot Line,
1.22 metres from the (east) Side Lot Line, and 19.58 metres from the (south) Rear
Lot Line.
The submitted plans show that one Dwelling is located on the main floor and the
Basement level. The main floor consists of two bedrooms, a bathroom, a kitchen, a
living room, and a laundry room. The Basement level consists of two bedrooms, a
bathroom, a bar / rec. area, a living room, and a mechanical / laundry room. The
Dwelling is accessed from the (north) front elevation of the Principal Building.
The other Dwelling is located on the second floor and the loft. The second floor
consists of two bedrooms, a bathroom, a kitchen, a living room, a dining room, a
mechanical / laundry room, and a balcony. The loft consists of one bedroom, an
office, a bathroom, and a deck. The Dwelling is accessed from the (north) front
elevation of the Principal Building.
The Development Officer has provided the following information:
Site Area:
404.12 square metres
12 percent Allowable Site Coverage:
28 percent Allowable Site Coverage:
40 percent Allowable Site Coverage:
48.49 square metres
113.15 square metres
161.65 square metres
Proposed Principal Building:
109.61 square metres
Proposed Total Site Coverage
109.61 square metres
cont’d....
21
Meeting No. 17HR3/14
Thursday, May 1, 2014
FILE: SDAB-D-14-121
10:15 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED)
Section 140.4(10)(a) of the Edmonton Zoning Bylaw states for Duplex Housing
with a Site area 300 square metres or greater, 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.
Section 140.4(5) of the Land Use Bylaw states 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(27) of the Edmonton Zoning Bylaw, Dwelling means a self
contained unit comprised of one or more rooms accommodating sitting, sleeping,
sanitary facilities, and a principal kitchen for food preparation, cooking, and
serving. A Dwelling is used permanently or semi-permanently as a residence for a
single Household.
Under Section 9.1(19) of the Land Use Bylaw, Dwelling means one or more selfcontained 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; or
four foster children.
Section 2 of the DC1 (Garneau) Direct Development Control Provision states the
Rationale of this District is that the Garneau Plan in Policy 1.1 identifies the subject
area as a "Special Character Residential Area" contributing to the city as a whole a
precinct of older detached housing having interesting architectural detailing and
variety in built form. This District is intended to encourage the retention and
rehabilitation of existing structures while allowing for infill redevelopment. The
regulations associated with this District are intended to ensure that all rehabilitation
and redevelopment activities are sensitive to the existing character of both the built
form and its relationship to existing streetscapes.
Included in the Sustainable Development Department’s POSSE system, under
“Comments”, is a Technical Review dated March 7, 2014 from the Development
Officer. A copy of the Technical Review is on file.
cont’d....
22
Meeting No. 17HR3/14
Thursday, May 1, 2014
FILE: SDAB-D-14-121
10:15 A.M.
SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICER’S COMMENTS
(CONTINUED)
The following permit application is listed in the Sustainable Development
Department POSSE system:
Application
Number
136088003-001
Description
Decision
To demolish a Single March 8, 2013; Approved with
Detached House building.
conditions.
__________________________________________________________________
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.
__________________________________________________________________
23
SURROUNDING LAND USE DISTRICTS
Site Location
File: SDAB-D-14-121
SUBDIVISION AND DEVELOPMENT APPEAL BOARD
N
24
Meeting No. 17/14
Thursday, May 1, 2014
BUSINESS LAID OVER
SDAB-D-13-084
SDAB-D-13-085
SDAB-D-14-082
SDAB-D-14-082
An appeal to cease the operation of non-Accessory Parking/Accessory
Parking and completely prohibit vehicular access to the site with barricades.
This Order is to be complied with on or before April 22, 2013
July 23 or 24, 2014
An appeal to cease the operation of non-Accessory Parking/Accessory
Parking and completely prohibit vehicular access to the site with barricades.
This Order is to be complied with on or before April 22, 2013
July 23 or 24, 2014
An appeal to construct a Freestanding General Advertising Sign (single sided
facing North)
May 7, 2014
An appeal to construct a General Retail Store and a Specialty Food Service
(62.08 square metres public space) Building with a five dwelling Apartment
Building on the second floor
May 15, 2014