iris court sdab agenda feb 4, 2010

8/14/2019 Iris Court SDAB Agenda Feb 4, 2010

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Meeting No. 05H/10 Thursday, February 4, 2010III

ITEM III: 1:15 P.M. FILE: SDAB-D-10-036

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

APPELLANT: Application No. 87684461-001.DEVELOPMENT OFFICERS DECISION DATE: December 18, 2009.NOTICE OF APPEAL PERIOD: December 24, 2009 through January 6, 2010.ADDRESS OF APPELLANT: 9614 110 Avenue NW, Edmonton, AB T5H 1H5.DATE OF APPEAL: January 6, 2010.RESPONDENT:ADDRESS OF RESPONDENT: 3520 113B Street NW, Edmonton, AB T6J 1L5.APPLICATION FOR PERMISSION TO: Construct an Apartment House (7

Dwellings) / Boarding and LodgingHouse (7 Sleeping Units) building.ZONE: RA7 Low Rise Apartment Zone.LEGAL DESCRIPTION: Lot 34, Block 19, Plan RN23 and

Lot 32A, Block 19, Plan 0522473.MUNICIPAL DESCRIPTION: 9338 107A Avenue NW.__________________________________________________________________

DEVELOPMENT OFFICERS DECISION

APPROVED The proposed development is approved, subject to the followingconditions and variances:

This Development Permit is NOT valid until the NotificationPeriod expires in accordance to Section 21(1).Reference Section 17(1).

The proposed support services, administration services andamenity areas shall be strictly Accessory to the proposedApartment Housing / Boarding and Lodging House Use on thisSite. Accessory means that these areas / functions are naturally ornormally incidental, subordinate, and exclusively devoted to theApartment Housing Use on this Site.Reference Section 6.1(2).

All development, including signs, shall be serviced byunderground power, telephone and C.A.T.V. services.

contd.


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Meeting No. 05H/10 Thursday, February 4, 2010

FILE: SDAB-D-10-0361:15 P.M.

DEVELOPMENT OFFICERS DECISION (CONTINUED)

All access locations and curb crossings shall have the approval ofthe City Transportation Department prior to the start ofconstruction. Reference Section 53(1).

The Transportation Department has the following conditions:

1) There is an existing power pole in the alley that may interferewith access to a proposed parking stall. Should relocation of thepole/guy-wire be required, all costs associated with relocation

must be borne by the owner/applicant. The applicant shouldcontact Wendy Nixon (780-412-3128) of EPCOR Distribution &Technologies for more information.2) There may be utilities within road right-of-way not specifiedthat must be considered during construction. The owner/applicantis responsible for the location of all underground and aboveground utilities and maintaining required clearances as specifiedby the utility companies. Any costs associated with relocationsand/or removals shall be at the expense of the owner/applicant.3) The parking area and the area between the parking area andthe alley driving surface must be paved, to the satisfaction of theTransportation Department.4) The Vehicular parking spaces must meet the requirements ofsection 54.2 of the zoning bylaw.5) Any sidewalk or boulevard damage occurring, as a result ofconstruction traffic must be restored to the satisfaction of theTransportation and Streets Department, as per Section 15.5(f) ofthe Zoning Bylaw. The sidewalks and boulevard will beinspected by a Roadway Maintenance Inspector prior toconstruction, and again once construction is complete. Allexpenses incurred for repair are to be borne by the owner.6) Any hoarding or construction taking place on road right-of-way requires an OSCAM permit. It should be noted that thehoarding must not damage boulevard trees. The owner must callTransportation Operations at 780-442-6458 to arrange for thepermit.

contd.


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FILE: SDAB-D-10-0361:15 P.M.


Transportation Department Advisement:1) The Transportation Department does not object to the parkingdeficiency of 3 stalls (9 stalls provided; 12 stalls required).

Landscaping shall be in accordance to the approved landscapeplan, Section 55 and to the satisfaction of the DevelopmentOfficer.

The applicant shall provide details of the proposed seating,

bicycle rack and coloured concrete paving (colours, patterns) tothe satisfaction of the Development Officer.

PRIOR TO THE RELEASE OF DRAWINGS FOR BUILDINGPERMIT REVIEW, the applicant or property owner shall providea guaranteed security to ensure that landscaping is provided andmaintained for two growing seasons. The Landscape Securitymay be held for two full years after the landscaping has beencompleted. This security may take the following forms:a) cash to a value equal to 100 percent of the establishedlandscaping costs; orb) an irrevocable letter of credit having a value equivalent to 100percent of the established landscaping costs.Any letter of credit shall allow for partial draws. If thelandscaping is not completed in accordance with the approvedLandscape Plan(s) within one growing season after completion ofthe development or if the landscaping is not well maintained andin a healthy condition two growing seasons after completion ofthe landscaping, the City may draw on the security for its useabsolutely. Reference Section 55(6).

PRIOR TO THE RELEASE OF DRAWINGS FOR BUILDINGPERMIT REVIEW, the applicant or property owner shall pay aSanitary Sewer Trunk Fund fee of $9,204.00. All assessments arebased upon information currently available to the City. The SSTFcharges are quoted for the calendar year in which the developmentpermit is granted. The final applicable rate is subject to changebased on the year in which the payment is collected by the City ofEdmonton.

contd.


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FILE: SDAB-D-10-0361:15 P.M.


you should conduct your own tests and reviews. The City ofEdmonton, in issuing this Development Permit, makes norepresentations and offers no warranties as to the suitability of theproperty for any purpose or as to the presence or absence of anyenvironmental contaminants on the property.

4) This approval does not remove obligations to conform withother legislation, bylaws or land title instruments such as theMunicipal Government Act, the Edmonton Building Permit

Bylaw or any caveats, covenants or easements that might beattached to the Site.

Variances Granted:

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

Section 54.2, Schedule 1(1 and 2) relaxed - the minimum numberon onsite required vehicular parking stalls required is reducedfrom 12 stalls to 9.

Section 48.2(1) relaxed - the Separation Space in front ofPrincipal Living Room windows is reduced in accordance to thesubmitted plans.

Section 815.3(7) relaxed - the proposed front entry canopyprojects to the front property line.

__________________________________________________________________

APPELLANTS SUBMISSION

Dispute the Use classification for this development. Requires a US districting, notRA7. The proposed staffing model is suitable for an institutional use and not aBoarding and Lodging Use. For example, 24-hour psychiatric and medicalsupervision will be provided.__________________________________________________________________

contd.


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FILE: SDAB-D-10-0361:15 P.M.

SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICERS COMMENTS

This application is to construct an Apartment House (7 Dwellings)/ a Boarding andLodging House (7 Sleeping Units) building.

The site is located west of 93 Street on the north side of 107A Avenue and is zonedRA7 Low Rise Apartment Zone, Section 210. The site is within Medium DensityResidential Overlay, Section 815 and within Sub Area 6, Housing Renewal andTransition, of the Boyle Street/McCauley Area Redevelopment Plan, Bylaw 10704(as amended) was adopted by Council in July 1994.

NOTE: Apartment Housing, on a Site of 1.4 hectares or less, which does not isolateanother Site within this Zone of less than 800 square metres, is a PermittedUse in the RA7 Zone, Section 210.2(1).

Boarding and Lodging Houses, on a site that does not isolate another sitewithin this Zone of less than 800 square metres, is a Permitted Use in theRA7 Zone, Section 210.2(2).

Section 815.1 states the purpose of this Overlay is to accommodate thedevelopment of medium density housing in established areas of the City thatis compatible, in mass and scale, with existing forms of lower and mediumdensity development and that maintains the pedestrian-friendly characterand streetscape of these established areas.

Apartment Housing means development consisting of one or moreDwellings contained within a building in which the Dwellings are arrangedin any horizontal or vertical configuration, which does not conform to thedefinition of any other Residential Use Class, Section 7.2(1).

Boarding and Lodging Houses means a development consisting of abuilding containing Sleeping Units, which may be in addition to a Dwelling,where lodging or sleeping accommodation with or without meals isprovided for remuneration. This Use Class does not include Group Homes,or Fraternity and Sorority Housing. Typical uses include student co-operative housing and lodges for senior citizens, Section 7.3(2).

contd.


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FILE: SDAB-D-10-0361:15 P.M.

SUBDIVISION AND DEVELOPMENT APPEAL BOARD OFFICERS COMMENTS(CONTINUED)

projection. Separation Space shall be reduced to accommodate theseprojections. The Development Officer has allowed the Front EntryCanopy to project to the Front property line.

The submitted plans indicate that there is one Sleeping Unit on the MainFloor, 6 Sleeping Units on the Second Floor and 7 one bedroom dwellingson the Third Floor. The Main Floor also includes two staff officewashrooms, a games area and a kitchen. The Development Officer hasnoted that the Boarding and Lodging units can accommodate only one

person per bedroom.

Included under DOCS in the Planning and Development POSSE Systemdated December 18, 2009, the Development Officer has provided thefollowing information:

Major Development Review: DP#87684461-001To construct a Boarding and Lodging House / Apartment Housebuilding (7 Sleeping Units and 7 Dwellings).

Site and Surrounding Area:McCauley neighbourhood.Site is midblock on the north side of 107A Avenue between 95 Streetand 93 Street.DC1.Area 6 Zone across rear lane to north (allows family oriented lowdensity residential uses houses, duplexes, semi-detached housing).RA7 (Medium Density Residential Overlay) Zoning to west, south andeast.

Zoning: RA7 (Medium Density Residential Overlay)

Use: Apartment Housing Permitted (Site < 1.4 hectares)Boarding and Lodging House Permitted (Site < 1.4 hectares)

Applicable Plans/Overlays: Boyle St./McCauley Area RedevelopmentPlan

contd.


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FILE: SDAB-D-10-0361:15 P.M.


Maximum Density: 125 Dwellings/hectares14/0.1121 = 125 Dwellings/hectares proposed

Minimum Site Area: 800 square metres1121 square metres proposed

Minimum Site Width: 20 metres30 metres proposed (107a Avenue)

Maximum Height: 11 metres / 3 storeys11 metres / 3 storeys proposed

Maximum FAR: 1.3 1455 / 1121 = 1.3

Minimum Front Yard: consistent with blockface, but not less than 5metresBlockface = 4.8 metres - Required front yard = 5 to 5.8 metres 5 metresproposed

Minimum Rear Yard: 7.5 metres (north) 8.6 metres proposed

Minimum Side Yards: 1.5 metres (east) 2.2 metres proposed1.5 metres (west) 2.2 metres proposed

Separation Space: deficient for Principal Living Room Windows facingeast Side Yard; 2nd floor Principal Living Room windows oncantilevers 2.48 to 3 metres away from other 2nd floor cantilevers.

Amenity Area: 7.5 square metres/Dwelling7 Apartment House Dwellings

= 52.5 square metres of Amenity Area required232 square metres proposed (75 square metres courtyard, 45square metres of patio, and 112 square metres of commonarea)

contd.


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FILE: SDAB-D-10-0361:15 P.M.


Abutting Single Detached Zone: n/a site does not abut single detachedzone

.

Vehicular Parking:7 x 1 bedroom = 7 stalls7 sleeping units/2 = 3.5 stallsvisitor = 1 stallTotal required = 12 stalls 9 stalls proposed **Transportation has reviewed and supports the proposed variance.

Landscaping:107a Avenue = 6 x 30 = 180Rear (north) = 7.5 x 30 = 225 square metresSides = 1.5 x 47 = 70 square metresYards total = 475 square metresTrees = 14; Shrubs = 32Proposed: 16 Trees, 79 Shrubs and 156 perennials and ornamentalgrassesCourtyard: 9 Shrubs and 12 perennials in planters

Circulation responses:Drainage Services Sanitary Sewer Trunk Fund fee required.Fire Response Services no objection.Waste Management proposal is acceptable.Transportation no objection subject to conditions.

The Development Regulations for Apartment Housing under the MediumDensity Overlay, Section 815.3, is as follows:

1. The minimum Front Yard shall be consistent with the Setback ofdevelopment on adjacent Sites and with the general context of theblock face but shall not be less than 5.0 metres, and the principalbuilding shall be located at or within 1.0 metres of the Front Yard.

contd.


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FILE: SDAB-D-10-0361:15 P.M.


2. Where the underlying Zone is RF6 or RA7, the maximum Heightshall not exceed 11.0 metres or three Storeys. This Heightrequirement shall also apply to Apartment or Stacked Row Housinglocated adjacent to property where Single Detached Housing is aPermitted Use.

3. .5. Vehicular access to parking shall be from the abutting Lane. Where

there is no Lane, parking access shall be designed to minimizedisruption to the yard, sidewalk and existing trees.

6. .7. One Storey features, such as bay windows, front porches, entrance

features, etc., shall be allowed to project into a Front Yard or SideYard abutting a flanking roadway to a maximum of 2.0 metres,provided that a minimum Setback of 3.0 metres is maintainedbetween the property line and the projection. Separation Space shallbe reduced to accommodate these projections.

8. Architectural treatment of all faades of the building shall create aunified building exterior. The building shall include the followingdesign elements to reduce the perceived mass and add architecturalinterest:a. articulation of the faade;b. creation of architectural pattern;c. the use of recessions and projections, such as porches, bay

windows and entrance features; andd. the use of a variety of exterior building cladding materials and

colours.9. .12. The Development Officer shall have regard for any applicable

Statutory Plans and may, where a Statutory Plan specifies,notwithstanding subsection 11.4 of this Bylaw, vary the regulations

of both this Overlay and the underlying Zone as they affect Height,Density and Floor Area Ratio. In all cases the variances shall bewithin the ranges specified in the Statutory Plan. In all such cases,the application shall be a Class B Discretionary Development andthe pre-application consultation provisions shall apply.

contd.


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FILE: SDAB-D-10-0361:15 P.M.


13. Where an application for a Development Permit does not complywith the regulations contained in this Overlay:a. the applicant shall contact the affected parties, being each

assessed owner of land wholly or partly located within adistance of 60.0 metres of the Site of the proposed developmentand the President of each affected Community League, at least21 days prior to submission of a Development Application;

b. the applicant shall outline, to the affected parties, any requestedvariances to the Overlay and solicit their comments on theapplication;

c. the applicant shall document any opinions or concerns, expressedby the affected parties, and what modifications were made toaddress their concerns; and

d. the applicant shall submit this documentation as part of theDevelopment Application.

The Development Officer, in the Planning and Development DepartmentsPOSSE system, dated October 28, 2009, provided the following underComments:

Grade = 664.13 (average existing site grades at corners).

Height:Proposed Main floor = 664.42 = 0.29 metres above GradeTotal proposed Height = 10.97 metres / 3 storeys above Grade

In the Planning and Development Departments POSSE system, datedDecember 18, 2009, the Development Officer provides the following underJustification:

Approval:

1) Permitted Uses.2) In accordance to Section 14(7) the Development Officer has

considered the comments of the Edmonton Design Committee(EDC). The EDC has recommended support with conditions.The applicant has in the opinion of the Development Officersatisfied the conditions of the EDC.

contd.


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FILE: SDAB-D-10-0361:15 P.M.


3) Proposed variances are minor.4) The applicant has consulted with the community and no

responses received.

Variances:1) Parking:

- the parking variance has been reviewed and supported by theTransportation Department.- minor variance of 3 stalls.

2) Front canopy projection:- minor variance with no impact on adjacent properties.- canopy provided weather projection from front sidewalk all theway to the building entrance.- proposed canopy is part of the overall building / site design andhas been supported by the Edmonton Design Committee.

3) Privacy Zone:- minor variance with no impact on adjacent properties.- main floor windows facing east property line are screened by 6feet wood fence and landscaping.- On the second floor only non-required slit windows high up onthe second floor walls face the adjacent properties. The PrincipalLiving Room Windows face the other cantilevers on thisbuilding/site.

The following permit applications are listed in Planning and DevelopmentsPOSSE system:

Application

Number

Description Decision

79190020-001Plan RN23, Block19, Lot 34

To demolish a(house 86 squaremetres) buildingand to demolish anAccessory Building(Detached Garage29.8 square metres)

July 16, 2008; Approved withconditions

contd.


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FILE: SDAB-D-10-0361:15 P.M.


Application

Number


79189230-001Plan 0522473,Block 19, Lot32As

To demolish a(House 66.9 squaremetres) buildingand to demolish anAccessory Building(Detached Garage26.1 square metres)


69795949-002;SDAB-D-07-214

To operate a MajorHome BasedBusiness (truckingand demolitioncompany)

August 30, 2007; that theappeal be withdrawn at theverbal request of the Appellant

69795949-002Plan RN23, Block19, Lot 34

To operate a MajorHome BasedBusiness (truckingand demolitioncompany)

August 3, 2007; Refused

41321662-001Plan RN23, Block19, Lot 34

To operate a MinorHome BasedBusiness(Administrativeoffice for GeneralContractor)


47877160-003;SDAB-D-05-295

To operate aBoarding &Lodging House (8suites)

October 20, 2005; that theappeal be allowed and thedevelopment refused

47877160-001Plan 0522473,Block 19, Lot32A

To operate aBoarding &Lodging House (8suites)

September 16, 2005; Approvedwith conditions

contd.


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FILE: SDAB-D-10-0361:15 P.M.


Application

Number


18153268-001Plan RN23, Block19, Lot 34

ComplianceCertificate

October 22, 2002; In responseto your letter dated October 17,2002, this is to advise you thatthe building (Single DetachedHouse, Front Veranda and RearPorch) indicated on the RealProperty Report dated October15, 2002, and signed by H.L.Cummings, Alberta LandSurveyor, does not comply withthe following yard regulationsgoverning RA7 (Low RiseApartment) Zone and MediumDensity Residential Overlay:

- where the Site Width is 12.0

metres or less, the minimum foreach interior Side Yard shall be1.2 metres, regardless ofbuilding Height; (ReferenceSection 814.3(13)(a).

The Accessory Building(detached garage) shown on thesubject document does NOTcomply with the following yardregulations of Section

50.3(Accessory Buildings inResidential Zones):

contd.


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FILE: SDAB-D-10-0361:15 P.M.


Application

Number


18153268-001Plan RN23, Block19, Lot 34Continued

- An Accessory Building orStructure shall be located notless than 0.9 metres from theSide Lot line. (ReferenceSection 50.3(4)(b)).

However, the buildings areNON-CONFORMING pursuantto Section 643(1) of theMunicipal Government Act.Section 643(5) of the MunicipalGovernment Act states:

643(5) A non-conformingbuilding may continue to beused but the building may notbe enlarged, added to, rebuilt orstructurally altered except(a) to make it a conformingbuilding,(b) for routine maintenance ofthe building, if the developmentauthority considers it necessary,or(c) in accordance with a landuse bylaw that provides minorvariance powers to thedevelopment authority for the

purposes of this section.13305051-001Plan RN23, Block19, Lot 34

To operate a MajorHome BasedBusiness (truckingbusiness)

November 8, 2002; Refused

contd.


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Site LocationFile: SDAB-D-10-036

SURROUNDING LAND USE DISTRICTS

SUBDIVISION AND DEVELOPMENT APPEAL BOARD

N

iris court sdab agenda feb 4, 2010

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