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)