The County of Stettler Municipal Planning Commission (MPC) approved a covered deck for a recreational vehicle (RV) for two years even though it doesn’t conform to their land use bylaw (LUB). The resolution was passed at the Oct. 24 regular MPC board meeting.
Readers should note the MPC is comprised of members of county council and chaired by Coun. James Nibourg.
Board members heard an application from Buffalo Lake property owner Jonathon Adelman for a development permit at lot 54 block 2 plan 0720960 located in Rochon Sands Heights subdivision for an RV and a wooden deck with cover.
Development Officer Rich Fitzgerald stated in his presentation, “The applicant had applied for and received two previous permits for this use. DP 20019 was brought forward to MPC for decision and was approved on June 25, 2020. It was noted in the report that a variance would be required for the covered deck, and it was approved as such.
“That permit expired in June, 2022. DP 22021 was approved on April 29, 2022. This application was approved by the development officer, and although the covered deck was identified on the application form by the applicant, there is no mention nor a variance on the permit to allow for the covered deck. That permit has expired, and the applicant is now applying for another two year permit for the property.” It was noted the RV stays on the lot year-round.
Fitzgerald noted in his summary that the site in question is located in a resort residential communally-serviced zone and under the county’s LUB an RV on the lot, along with a ground-level wooden deck, are discretionary uses permissible by the MPC.
“However, the applicant is proposing to use a covered deck,” stated the staff report. “Section 76.4 (f) of the County of Stettler LUB states that in the Rochon Sands Heights subdivision, an addition to an RV shall be limited to a ground level uncovered deck.”
Photographs of the inside of Adelman’s covered deck were provided showing cooking appliances and furniture. Staff recommended approving Adelman’s permit for the RV and deck sans covering.
Reeve Larry Clarke asked if the county received any complaints about Adelman’s deck covering to which Fitzgerald answered, “No.”
Adelman was present at the meeting and said, “I do plan on building [a permanent structure].” He added that once a house is built, the deck will be incorporated. He continued that he understands the neighbourhood in question will, someday, only include houses and he will have to build one.
“Just not ready to do so yet,” said Adelman.
Coun. Justin Stevens made a motion to approve the staff recommendation. “I would like to remain as consistent as possible,” said Stevens. “The rules have over the years changed a little bit in this particular subdivision.” Stevens observed that the county has received past requests to allow covered decks and “…not allowed them.”
Chair Nibourg asked Adelman how he felt about losing the covering with Adelman responding, “Basically, it would destroy (the deck).” Adelman added losing the covering would lessen his enjoyment of his property.
Coun. Les Stulberg noted he was concerned about allowing the deck covering.
“This structure doesn’t fit within the community, really,” said Stulberg. “These things need to be of a temporary nature,” adding Adelman’s may not have been complained about but others have been.
During discussion Fitzgerald noted two years ago Adelman stated on his development permit application he had a covered deck, yet the development officer didn’t note that on the permit. Also, the request for a covered deck wasn’t brought to the board.
“It should have been brought forward to the MPC,” said Fitzgerald.
Chair Nibourg asked Adelman when he was planning to build a house with Adelman responding, “I can’t answer that, I’m sorry.”
Coun. Stevens withdrew his motion and the board discussed allowing Adelman’s RV, deck and covering as-is if he committed to building. Adelman responded, “I think I would do my best.”
Nibourg summarized, “So basically in four years you would have to have a house here, or some structure that would resemble that.”
A motion to approve Adelman’s development permit of RV, deck and covering for two years was approved by a 6 to 1 vote, Coun. Dave Grover opposed.
Stu Salkeld
Local Journalism Initiative reporter
ECA Review