MINUTES OF THE MUNICPAL PLANNING COMMISSION MEETING OF BRAZEAU COUNTY, HELD
IN THE COUNTY ADMINISTRATION BUILDING, COUNCIL CHAMBERS, IN BRAZEAU COUNTY,
ALBERTA ON MONDAY, DECEMBER 30, 2019.
IN ATTENDANCE Anthony Heinrich, Councillor
Heidi Swan, Councillor
Marc Gressler, Councillor
Shari MacPherson, Member-at-Large
Jocelyn Whaley, CAO and Manager Planning & Development
Martine Martindale, Development Officer
Pippa Whaley, Junior Development Officer
Melody Reimer, Recording Secretary
ABSENT Lori Clark, Member-at-Large
PUBLIC ATTENDANCE None
CALL TO ORDER A. Heinrich, Municipal Planning Commission Chairperson, called
the meeting to order at 1:00 p.m.
ADDITIONS TO
THE AGENDA Encroachment Agreement for file 19D-092. Revised Condition #2
for file 19S-025 and an email from the applicant.
ADOPTION OF THE
AGENDA 116-19 Moved by H. Swan, Municipal Planning Commission
Member, to approve the Agenda as amended.
ADOPTION OF THE
MINUTES
CARRIED UNANIMOUSLY
117-19 Moved by S. MacPherson, Municipal Planning CommissionMember, to approve the Minutes of the November 20, 2019
Municipal Planning Commission Meeting.
CARRIED UNANIMOUSLY
Municipal Planning Commission Meeting - December 30,2019
BUSINESS ARISING
DEVELOPMENT PERMIT
APPLICATIONS
118-19 Moved by M. Grassier, Municipal Planning CommissionMember, to approve the 2020 Meeting Schedule.
CARRIED UNANIMOUSLY
PROPOSAL: an as-sited accessory structure - shed 9.23 m^ withrear (west) and side (south) yard setback variances
LEGAL DESC: Lot 12 Block 4 Plan 6043HW within
NW 36-47-7-W5M
APPLICANT: Falk & Brandl-Ann RIegel
OWNER: Janice Brzus
FILE: 19D-092
M. Martlndale, Development Officer, presented the above
application proposing an as-sited accessory structure - shed 9.23m^ with rear (west) and side (south) yard setback variances. Theproperty Is zoned Hamlet Residential (MR). Administration
recommends that the application be approved subject to the
conditions listed In the report, and specifically that the landownersenter Into an Encroachment Agreement with Brazeau County with
respect to the placement of the accessory structure - shed within
Brazeau County's lane.
Members discussed the shed's location with administration and
the possibility of the shed being moved.
Members discussed the possibility of the shed not being able to
withstand a move.
CARRIED UNANIMOUSLY
119-19 Moved by M. Gressler, Municipal Planning CommissionMember, to approve development permit application 19D-092,
subject to the following conditions:
1. Approval Is granted based on the information provided by the
applicant/owner for the proposed as-sited accessory structure -shed 9.23 with rear (west) and side (south) yard setback
variances only and no other development.
Municipal Planning Commission Meeting - December 30,2019
2. The as-sited accessory structure - shed 9.23 with rear (west)and side (south) yard setback variances shall be located as shownon the site plan provided by the applicant/owner and identified asSchedule 'A' attached hereto.
3. A variance to the rear (west) yard setback is granted subject to theapplicant/owner entering into and fully comply with anEncroachment Agreement pursuant to Section 651.2 of the
Municipal Government Act with Brazeau County. This Agreementshall establish the terms and conditions by which the as-sitedaccessory structure - shed 9.23 m^ may be permitted to encroach0.71 m into the lane at the rear (west) property line.
The Encroachment Agreement shall be registered by Caveat on
the title of the subject lands. Brazeau County shall prepare the
Encroachment Agreement and Caveat as per the Brazeau County
Schedule of Fees in effect at the time of execution.
4. A variance to the side (south) yard setback from 1 m to 0.19 m is
granted from the as-sited accessory structure - 9.23 m^ to the side(south) property line.
5. The as-sited accessory structure - shed 9.23 m^ with rear (west)and side (south) yard setback variances shall not be used as adwelling unit.
6. The floor drainage from the as-sited accessory structure - shed
9.23 m^ with rear (west) and side (south) yard setback variancesshall not be connected to municipal services.
7. The as-sited accessory structure - shed 9.23 m^ with rear (west)and side (south) yard setback variances shall match orcomplement the exterior of the single detached dwelling.
8. The exterior of the as-sited accessory structure - shed 9.23 m^with rear (west) and side (south) yard setback variances shall befinished to a reasonable standard that is consistent and
compatible with neighboring developments and shall not beunsightly or untidy.
9. The applicant/owner shall contain drainage within the lotand not allow run off water to drain onto neighbouring
properties. Run off shall be directed to a County right of way
or drainage course approved for this purpose and shall not
cause flooding of nearby ditches in excess of theircapabilities.
10. The applicant/owner shall not alter or otherwise impactdrainage and/or slope without approval from BrazeauCounty.
Municipai Planning Commission Meeting - December 30,2019
11. The applicant/owner shall ensure the development is notlocated within or over a Right of Way or Easement.
12. The as-sited accessory structure - shed 9.23 m^ with rear (west)and side (south) yard setback variances shall not form part of orbe used in conjunction with a business or home occupation unlessthe appropriate permit has been obtained from Brazeau County.
13. The applicant/owner shall ensure all construction materials anddebris are contained on the site and debris is disposed of
accordingly.
14. No further development, expansions, or change in use ispermitted unless approved by Brazeau County.
IN FAVOUR A. Heinrich
H. Swan
M. Gressler
OPPOSED S. MacPherson
CARRIED
SUBDIVISION
APPLICATIONS PROPOSAL: to create one (1) ±10.6 ac (±4.3 ha) parcel for
residential and agricultural use
LEGAL DESC.: Lot 1 Plan 882 2462 within NE 30-49-5-W5M
APPLICANT/OWNER: Kelli & Jay ReeserFILE: 19S-025
M. Martindale, Development Officer, presented the report for the
above application proposing t to create one (1) ±10.6 ac (±4.3 haj
parcel for residential and agricultural use, having been evaluated in
terms of Section 654 of the Municipal Government Act and Section
7 of the Subdivision and Development Regulations, having
considered submissions, be approved subject to the conditions
listed in Appendix H
Members discussed the tentative plan with administration
regarding the approach locations and the cost of building a new
approach.
A Heinrich, Municipal Planning Commission Chairperson called for
a recess at 1:37 pm.
Municipai Pianning Commission Meeting - December 30,2019
Meeting was called back to order at 1:50 pm
120-19 Moved by S. MacPherson, Municipal Planning CommissionMember, to approve the subdivision application 195-025 with the
recommended amendment to condition #2 and all other
recommended conditions as follows:
1. Pursuant to Section 657 of the Municipal Government Act, the
applicant/owner shall submit to Brazeau County (in digital andpaper format), a plan of survey suitable for registration with theAlberta Land Titles Office. The size of the subdivided parcel(s)shall be as per the approved Tentative Plan. Please note that
descriptive plans specific to roads will not be accepted.
2. Pursuant to Section 9 of the Subdivision and DevelopmentRegulation, the applicant/owner shall remove the existing approachand construct a single approach to the remainder of the parcel to thenorth of the existing approach adjacent to Range Road 55. Theapplicant/owner shali discuss and agree upon the location of the
approach with the Public Works and Infrastructure Department. Theapplicant/owner shall provide a payment to the County of $3500.00for the construction of the approach by the County, alternatively the
same amount can be provided as a deposit to the County to be heldfor one year from the date of initial inspection as security. Theapproach shall meet current Brazeau County Specifications and aresubject to final inspection by Brazeau County. The applicant must
contact the Public Works and Infrastructure Department (780-542-7711) to arrange a final approach inspection.
3. Pursuant to Section 7(g) of the Subdivision and Development
Regulation, the applicant/owner shall ensure the on-sitesewage disposal system on the proposed Lot 3 complies withrequirements of the Alberta Private Sewage DisposalRegulations. The applicant/owner shall provide Brazeau Countywith a Certificate of Compliance from an accredited agencyreflecting that the proposed parcel boundaries have been taken
into consideration when compliance was considered. Thearrangements and costs are the responsibility of theapplicant/owner.
Municipai Pianning Commission Meeting - December 30,2019
4. Pursuant to Section 666(1) of the Municipal Government Act,the applicant/owner shall pay cash-in-lieu of Municipal Reservein the amount of $1,272.00 (approx.), representing 10% of theappraised market value of the area of the proposed Lot 3. Thefinal calculation of the MR will be done upon receipt of the final
Plan of Survey.
5. Pursuant to Section 669(1) of the Municipal Government Act, a
Deferred Reserve Caveat will be registered on the remainderconcurrently with the subdivision registration. Brazeau County
will prepare the Caveat according to the Brazeau CountySchedule of Fees in effect at the time of endorsement.
Pursuant to Section 662(1) of the Municipal Government Act,
the applicant/owner shall dedicate 5.18 metres of roadwidening parallel to and extending along the eastern boundaryof the proposed Lot 3 adjacent to Range Road 55. Thededication shall be registered by Road Plan or Plan of Surveyand shall be without compensation. The applicant/owner shallenter into a Land Acquisition Agreement with Brazeau County.
Brazeau County will prepare the agreement according to the
Brazeau County Schedule of Fees in effect at the time ofendorsement.
7. Pursuant to Section 662(1) of the Municipal Government Act,
the applicant/owner shall dedicate 5.18 metres of road
widening parallel to and extending along the eastern and
boundary of the remnant parcel adjacent to Range Road 55 to
be registered by Caveat. The applicant/owner shall enter intoa Land Purchase Agreement for the purchase of the land.
Brazeau County will prepare the agreement according to the
Brazeau County Schedule of Fees in effect at the time of
endorsement.
8. The applicant/owner shall pay a final subdivision endorsement
fee, according to the Brazeau County Schedule of Fees in effect
at the time of endorsement.
Municipal Planning Commission Meeting - December 30,2019
9. Pursuant to Section 654(1) of the Municipal Government Act
the applicant/owner shall pay all taxes owing to theMunicipality, up to and including the year in which subdivision
is to be registered, prior to the County signing the final
subdivision approval documents.
CARRIED UNANIMOUSLY
SUBDIVISION &
DEVELOPMENT APPEAL
BOARD DECISIONS The decision for 19SDAB-085 on file 19S-023 was discussed.
ADMINISTRATIVE
MATTERS Nothing to report.
ROUND TABLE
ADJOURNMENT:
Nothing to report.
121-19 Moved by H. Swan, Municipal Planning Commission
Member that the Municipal Planning Commission meeting of
December 30, 2019 adjourn at 1:55 p.m.
CARRIED UNANIMOUSLY
Chairperson
Recording Secretary
Municipal Planning Commission Meeting - December 30, 2019
FOIP: s.17 (4) (g)
FOIP: s.17 (4) (g)