[originally sent September 21, 2012]

Today I received this application for a discretionary change of use to a 4-plex.

DP2012-3655

To give you some background, this property changed ownership in June. In July, renovations commenced to convert the original semi-detached building (duplex) into a 4-unit dwelling – without a development or building permit. Construction continued until a building inspector issued a stop-work order. We now have this development permit application for a change of use to allow one unit on the main floor and one unit in the basement at each address.

Attached is a PDF of some of the documents and plans. The most glaring deficiency is Section 581(2)(b) which mandates that each unit must have an entrance that is visible from the street that the unit faces. None of the entrances meet this condition. The entrances to units A&B (3010) face the back yard of 61 – 30th Avenue SW. The entrances to units C&D (3020) are concealed in the covered breezeway between the building and an existing detached garage, and are accessed via a gate in the West end wall of the covering.

If you submit your individual comments to us, they will be attached to our community’s comment. Alternatively, you can put DP2012-3655 on the subject line of an email and submit your comments directly to all of the following addresses:

ken.melanson@calgary.ca  — Planning File Manager (403-268-3775)
erlton@shaw.ca  — Erlton Community Association
gian-carlo.carra@calgary.ca  — Our Alderman
dp.circ@calgary.ca — City circulation management system

The deadline for comment is October 10th.

Please share and discuss this email with your neighbours, some of whom may not be community members, or may not have provided us with their email address or other contact information.

The complete set of plans is available for your review. Please contact me if you want to see them, and do not hesitate to call or email should you have any concerns or require further information.

Best regards,

Bill Fischer
Chairman, Erlton Community Association,
Planning and Development Committee
65 – 31 Avenue SW, Calgary, Alberta T2S 2Y7
403-266-2842

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[originally sent September 26, 2012]

Attached is the Erlton Community Association’s comment.

Erlton comment DP2012-3655

Best regards,

Bill Fischer
Chairman, Erlton Community Association,
Planning and Development Committee
65 – 31 Avenue SW, Calgary, Alberta T2S 2Y7
403-266-2842

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[originally sent January 4, 2013]

I received a set of plans, an approval notice, and a list of relaxations granted to this development in this morning’s mail. A PDF of the notice (DP2012-3655 (parking at 3020)) and relaxations  (DP2012-3655 (relaxations)) is attached. The deadline for an appeal is January 17th, 2013.

While there are many relaxations, the significant ones are:

1. The failure to construct the entrances to the new basement units so that they are visible from the street. Unit B at 3010 Erlton Street has been given a relaxation of Land Use Bylaw Section 581(2) (b), and Unit B at 3020 Erlton Street has been give a relaxation of Section 581(2) (a) & (b), since it is neither visible, and shares an entrance from the street with unit A.

2. The failure to provide an unobstructed parking stall #1 (Unit A) at 3020 Erlton Street [Section 558(2)(c)(i)]. The relaxation of Section 122(14) would allow the occupant of stall #2 (Unit B) and any occupant of the visitor stall to park behind (in tandem) with parking stall #1. Attached is a PDF of a portion of the site plan that shows what I just attempted to explain. Notice that any occupant of either parking stall #2 or the visitor stall would block the entrance or exit of any vehicle to stall #1.

You can view an online copy of the Land Use Bylaw at:

http://www.calgary.ca/_layouts/cocis/DirectDownload.aspx?target=http%3a%2f%2fwww.calgary.ca%2fPDA%2fDBA%2fDocuments%2fCalgary-Land-Use-bylaw-1P2007%2fbylaw_1p2007.pdf&noredirect=1&sf=1

The plans will be available for review at next Tuesday’s community meeting – January 8th, 2013.

Please do not hesitate to call or email if you have any comments or questions.

Best regards,

Bill Fischer
Chairman, Erlton Community Association,
Planning and Development Committee
65 – 31 Avenue SW, Calgary, Alberta T2S 2Y7
403-266-2842

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[originally sent February 1, 2013]

Our community is appealing the approval of this development. The hearing is scheduled for February 14th, 2013. The details are in the attached PDF.

DP2012-3655 Appeal Hearing Notice

This is the only opportunity for our community and neighbours to object to the lack of off-street resident / tenant parking. Essentially since forcing them to park on the street, and compete with other neighbours for parking, will negatively impact the use and enjoyment of your property.

You can provide an oral presentation at the hearing, or a written objection, with grounds, via email to sdab@calgary.ca – Please put Appeal SDAB2013-0005 on the subject line, and also send a copy to erlton@shaw.ca

The significant relaxations that the City gave the developer are:

1. The failure to construct the entrances to the new basement units so that they are visible from the street. Unit B at 3010 Erlton Street has been given a relaxation of Land Use Bylaw Section 581(2) (b), and Unit B at 3020 Erlton Street has been give a relaxation of Section 581(2) (a) & (b), since it is neither visible, and shares an entrance from the street with unit A.

2. The failure to provide an unobstructed parking stall #1 (Unit A) at 3020 Erlton Street [Section 558(2)(c)(i)]. The relaxation of Section 122(14) would allow the occupant of stall #2 (Unit B) and any occupant of the visitor stall to park behind (in tandem) with parking stall #1. Any occupant of either parking stall #2 or the visitor stall would block the entrance or exit of any vehicle to stall #1, and render it useless, forcing the resident / tenant to park on the street.

Please do not hesitate to call or email if you have any questions or need a ride to the hearing, since I’ll be going anyway.

Best regards,

Bill Fischer
Chairman, Erlton Community Association,
Planning and Development Committee
65 – 31 Avenue SW, Calgary, Alberta T2S 2Y7
403-266-2842

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[originally sent February 8, 2013]

Here’s the link to the complete City Planning file on this development. It may provide useful information for those of you intending to present your objections to this development at the appeal hearing on February 14th.

http://www.calgary.ca/CA/city-clerks/Documents/SDAB-Reports/Feb14/2013-0005/2013-0005.pdf

Best regards,

Bill Fischer
Chairman, Erlton Community Association,
Planning and Development Committee
65 – 31 Avenue SW, Calgary, Alberta T2S 2Y7
403-266-2842

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[originally sent February 14, 2013]

Appeal Hearing Results

Our community appeal was held this morning. Beryl McNeill, who lives directly South of this development, also submitted a letter. It was read into the record.

We lost the appeal.

The building is now a legal 4-plex. The only concession made to the neighbours and our community was that all residents must park on-site, not on the street. But that begs the question: Who will enforce this, and how will it be enforced?

In our original Neighbour Notice on September 21st – sent to surrounding community members via email – we identified the following:

‘The most glaring deficiency is Section 581(2)(b) which mandates that each unit must have an entrance that is visible from the street that the unit faces. None of the entrances meet this condition. The entrances to units A&B (3010) face the back yard of 61 – 30th Avenue SW. The entrances to units C&D (3020) are concealed in the covered breezeway between the building and an existing detached garage, and are accessed via a gate in the West end wall of the covering.’

In our Approval Notice dated January 4th, and again in our Appeal Hearing Date notice, dated February 1st, we identified the following:

‘While there are many relaxations, the significant ones are:

1. The failure to construct the entrances to the new basement units so that they are visible from the street. Unit B at 3010 Erlton Street has been given a relaxation of Land Use Bylaw Section 581(2) (b), and Unit B at 3020 Erlton Street has been give a relaxation of Section 581(2) (a) & (b), since it is neither visible, and shares an entrance from the street with unit A.

2. The failure to provide an unobstructed parking stall #1 (Unit A) at 3020 Erlton Street [Section 558(2)(c)(i)]. The relaxation of Section 122(14) would allow the occupant of stall #2 (Unit B) and any occupant of the visitor stall to park behind (in tandem) with parking stall #1. Attached is a PDF of a portion of the site plan that shows what I just attempted to explain. Notice that any occupant of either parking stall #2 or the visitor stall would block the entrance or exit of any vehicle to stall #1.’

We received a number of submissions from neighbours opposed to this development, focusing on the illegal construction, the doorways, and parking.

We never received one submission supporting this development.

Imagine my surprise to be presented with the attached developer’s petition (3020 Petition) at the appeal hearing. I could understand if those signing it were specifically agreeing to the illegal construction, agreeing to the doors facing the neighbours rear yard, or agreeing to the lack of parking – but they agreed to anything, and everything. The petition states that those who signed reviewed drawings – that have not been attached. It is unknown what was actually the basis of the signatures.

The footprint of the existing building does not basically change. If told that by the petitioner, these neighbours may have felt there would be no negative impact to them. The parking issue alone should have given them pause especially considering the owner of the house directly beside it is planning on redeveloping it into a 4-plex. At the last three or four community meetings there have been several discussions regarding limiting parking to one side of the S-curve beside this 4-plex for safety reasons. This will push on-street parking further into the surrounding neighbourhood.

Doorways not visible to the street encourage break-ins that actually affect all neighbours. Two neighbours with such doorways have both been broken into – one just two months ago.

Clearly, people from the community affected by a development need to express their thoughts, yea or nay, to Erlton’s Panning Committee or myself. I personally spent at least 50 hours working on this file – various notifications, the initial community comment, plus the appeal and presentation. Neighbours were notified via email every step of the way, and I reviewed the progress with every neighbour that contacted me. I feel my time and effort in advocating for our community and neighbours were wasted.

To fully wrap up this file, I’ll forward a copy of the Sub-division and Appeal Board’s written decision when it’s available in three or four weeks.

Best regards,

Bill Fischer
Chairman, Erlton Community Association,
Planning and Development Committee
65 – 31 Avenue SW, Calgary, Alberta T2S 2Y7
403-266-2842

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[originally sent March 14, 2013]

To finalize this file, the written appeal decision can be found here:

http://www.calgary.ca/docgallery/BU/sdab/decisions/2013-0005.pdf

At the appeal, the SDAB was given a softcopy of our appeal presentation. It is attached for your further information.

SDAB2013-0005 Erlton Appeal of 3020 Erlton Street

A link to this report will also be published on our new community website at: http://www.ErltonCommunity.com

Best regards,

Bill Fischer
Chairman, Erlton Community Association,
Planning and Development Committee
65 – 31 Avenue SW, Calgary, Alberta T2S 2Y7
403-266-2842

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[originally sent March 15, 2013]

As a reader pointed out, the published decision on the SDAB web site failed to include Appendix A – the summary of evidence. I contacted them and they promptly provided it in PDF format. It is attached.

APPENDIX_A_2013-0005

For future reference, this attachment will also be available on our community website at: http://www.ErltonCommunity.com

Best regards,

Bill Fischer
Chairman, Erlton Community Association,
Planning and Development Committee
65 – 31 Avenue SW, Calgary, Alberta T2S 2Y7
403-266-2842