The County of Stettler Municipal Planning Commission (MPC) approved a hamlet garage and fence that directly abuts a property line. The decision was made at the April 24 regular MPC meeting.
The MPC is comprised of members of county council and chaired by Coun. James Nibourg.
Board members heard an application for a 100 per cent setback variance from Hamlet of Botha property owner Kevin Collier, who was in attendance at the meeting.
Collier proposed building a new garage on his property located at Lot 6 Block 5 Plan 782 2097 in Botha, which was also described as #4 Maryville Place, within a cul-de-sac.
Development Officer Rich Fitzgerald presented the application.
“Maryville Place is a cul de sac at the east end of the Hamlet,” stated Fitzgerald in his report to the board. “The rear of the property borders on a large Municipal Reserve (MR) lot. The side boundaries of the subject parcel border two developed lots.
“The applicant is proposing to construct a 26 foot by 36 foot ancillary building (garage). There is a right of way (ROW) that runs along the west boundary of the subject property, and the County of Stettler owns the ROW.
“Planning staff have confirmed with environmental services that there are no services in the ROW, nor is there any plan to ever use the ROW. The applicant also confirmed with the utility companies that there are no utilities of theirs in the ROW.
“The applicant has worked with adjacent landowners to confirm the location of the property line, and if the application is approved, a new fence will be constructed on the line separating the properties.
“The location of the garage was chosen by the applicant in an attempt to avoid two large mature fir trees restricting access to the rear of the property, and to keep the structure parallel with the south boundary.
“The application was referred out to administration, and councillors. Concerns were expressed from the Stettler Fire Department that the zero setback may create access issues in the case of a fire on the property.
A member of council had also expressed concerns about the proposed setback. No other comments or concerns were received.”
During discussion Fitzgerald noted the property currently has a shed “right up against that property line,” but added there are a number of structures in the hamlet that also abut property lines.
When preparing his report Fitzgerald stated he couldn’t find any complaints about Collier’s existing shed, or any complaints about any of the other structures elsewhere in Botha either.
It was noted the new garage would be hidden from neighbours by large, mature trees.
In response to the fire department concern, Fitzgerald stated there’s a large open space right next to the ROW that should allow firefighters access in the event of an emergency; Nibourg agreed this addressed the fire department concern.
It was noted that, generally, development is forbidden on ROWs; however, the County of Stettler has the authority to permit it.
As board members discussed the application it was noted all utilities come in from the front of the parcel in question and Collier himself confirmed, if the garage is built, it will open out onto the cul-de-sac, not the back lot.
Reeve Larry Clarke stated he didn’t want the garage or fence built over the property line and onto public property, which has happened in other hamlets; the reeve also pointed out the ROW is not an alley and was not designed or built as such.
The accuracy of aerial maps was mentioned several times during this discussion, but county staff pointed out aerial maps can have up to three metres of variance depending on the map’s source.
Board members unanimously approved the application. with the presented conditions.
Stu Salkeld
Local Journalism Initiative reporter
ECA Review
