ABDTR #5 Alberta Chapter #5 Discussion

City Appeals

Old Jul 10, 2011 | 10:25 PM
  #1  
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From: Airdrie, Alberta
City Appeals

As some of you are aware, I'm trying to build a garage that requires a variance. I've got a small house on a BIG lot, and the by-law states that my garage can't exceed the area of the main floor of my house. Applied for a variance, its been refused, so now I go to appeal it on the 20th.

I'm looking for advice on actually presenting at the appeal. I've got all but one of the neighbours signed on in favour of my request, so I can only see the one neighbour showing up in protest. I'm out of town and working 12hr shifts this coming week, so I don't have a lot of time to come up with fancy slide show presentations, not that I'd really make one anyway. Any pointers from peaople that have gone through this already would be appreciated.
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Old Jul 10, 2011 | 10:36 PM
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My dad went through the same thing down in high river when he was going to build on a quarter section, we had to get a development permit for our 12 car garage they said it was for commercial use, we provided registration for the vehicles at the appeal and accepted it. Might be worth a try
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Old Jul 11, 2011 | 12:20 PM
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From: Airdrie, AB
Originally Posted by Tate
As some of you are aware, I'm trying to build a garage that requires a variance. I've got a small house on a BIG lot, and the by-law states that my garage can't exceed the area of the main floor of my house. Applied for a variance, its been refused, so now I go to appeal it on the 20th.

I'm looking for advice on actually presenting at the appeal. I've got all but one of the neighbours signed on in favour of my request, so I can only see the one neighbour showing up in protest. I'm out of town and working 12hr shifts this coming week, so I don't have a lot of time to come up with fancy slide show presentations, not that I'd really make one anyway. Any pointers from peaople that have gone through this already would be appreciated.
Email or txt Trevor, his last job was city planning.
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Old Jul 11, 2011 | 12:47 PM
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I went thru this identical process in Red Deer 15 years ago for my 1st house.

I don't recommend going over the bylaw regulation by a huge amount. Just by a reasonable amount as I did.
I showed up to the City Hall meeting with professional looking docs & drawings, acted as a professional & dressed as a professional.

I remember the guy who presented just before me in flipflops & with no docs got shot down in flames.

I stressed that the garage I was building would be just for personal vehicle storage, no wrenching, no noise, no commercial use.
It worked cuz I was wearing a shirt & tie & I mentioned that I worked in I/T.
I also committed that the garage would be fully finished immediately, matching to my house & attractive looking.

That's all I did, & they rubber stamped me the approval. In Red Deer the final step was to notify all my neighbours
with a letter in the mail & a sign in my yard for a couple weeks outlining my request.
No one complained after the 2 week period & we built the garage.
There will be bylaw relaxation document attached to your property registration at city hall. Make sure that goes thru properly as it could cause you huge grief if the paperwork is not perfect when you go to sell the property.

I hope this info helps. Good luck, Tate.
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Old Jul 11, 2011 | 10:17 PM
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As everyone said, show up prepared with info, measurements, photos of the lot and where the building is to be situated. For what it takes, pound some stakes in the ground to show in a photo to show locations to your home and the neighbors home, access to the building from an alley way or however you have access.

If you show up with facts and figures and can answer the questions, you will have no problem unless your going way over the allowed sizing requirements. When the variance is in the small percentages, it is usually not an issue if it's explained properly.

Try dealing with Mountainview County out here in Sundre. They don't bend for anything most of the time. We got through the hassle so Airdrie should be a walk in the park.

Jeff
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Old Jul 12, 2011 | 05:59 PM
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From: Airdrie, Alberta
Typically, the city will approve variances that are not 20% over the limit. Mine is not that case. I've got a big lot and a small house, so my variance request, although meeting the lot percentages, is considerably over the by-law I'm trying to have varied. It was refused outright, and hence the purpose of the appeal. The city has all my drawings, and I've had stakes pounded into the ground for some time. There happens to be a truck and trailer parked in there now. I guess I should move that before I take any pictures.

I had to get letters of support from the neighbours when I applied originally. The letter I got from the city notifying everyone of the application says I can bring in people for the application, so I may have to go have a talk with them again and bring them in. Not sure what they are supposed to say.
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Old Jul 12, 2011 | 06:38 PM
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How many square feet is your house & how large a garage are you planning?
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Old Jul 12, 2011 | 10:35 PM
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Bring up total lot coverage. I'm not sure how airdrie views that, but I recall my last place in Calgary allowed me a front loader double attached and a detached garage in the rear as long as my total lot coverage did not exceed xx%

But I don't remember if it was 40-50-60% though. Been to many years.



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Old Jul 12, 2011 | 11:12 PM
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From: Calgary/Alta
Originally Posted by 1-5-3-6-2-4
Bring up total lot coverage. I'm not sure how airdrie views that, but I recall my last place in Calgary allowed me a front loader double attached and a detached garage in the rear as long as my total lot coverage did not exceed xx%

But I don't remember if it was 40-50-60% though. Been to many years.



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When my dad did his place7 years ago in Calgary it was 45% of the total lot coverage---might of changed.Now the way the City of Calgary is they want to cram as many houses per acre,new places have 6 feet between houses and little or no yard space.
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Old Jul 13, 2011 | 11:14 AM
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Could you build an extension to the house as well?
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Old Jul 13, 2011 | 05:45 PM
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From: Airdrie, Alberta
Lot coverage, I'm allowed 40% for the house, 15% for the garage, or 55% if it is attached. My house is 1450 sq ft, but they only care about the main floor, which is 762. I want to build my garage at 1200 sq ft (30x40), which is just under the 15% lot coverage. My house (including veranda) takes up 10.71% of my lot. The by-law is that garage area cannot exceed main floor area, but it seems to be less known, since its not very common that a house takes up less than 15% of the lot. Most lots in my neighbourhood, for equal size house, takes 20-25% of the lot coverage.

Attaching the garage or expanding my house isn't really feasible at this point. I'd be better off knocking down my house and building a new one, or buying an acreage, but the finances don't allow that.

Brett, I talked to Trevor. He seems to think I have a decent case. I'm gonna try and get the neighbours that signed my application papers to show up at the hearing, hopefully their support will sway the council.
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Old Jul 13, 2011 | 09:55 PM
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Wow Tate! 40x30 is a dream garage !!


By my calculations your lot is over 7000 square feet (eg. 120 x 60).

So 20% greater than the main floor area of your house (762 ft^2) is 914 ft^2.
So you could get approval for a 30 x 30 garage no problem.

Worst case is that you can build a 30x30 which is still an awesome size garage.
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Old Jul 13, 2011 | 10:47 PM
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Maybe tell them you are thinking of building a new house on the lot in the future?

Ie - WAYYYYY in the future, but don't mention that part...
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Old Jul 14, 2011 | 05:51 AM
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From: Airdrie, Alberta
Originally Posted by StealthDiesel
Wow Tate! 40x30 is a dream garage !!


By my calculations your lot is over 7000 square feet (eg. 120 x 60).

So 20% greater than the main floor area of your house (762 ft^2) is 914 ft^2.
So you could get approval for a 30 x 30 garage no problem.

Worst case is that you can build a 30x30 which is still an awesome size garage.
Its actually a bit over 8000 sq ft., its a long pie lot, with double lane access. Hence the desire for a kick *** garage. If my appeals fail, the 30x30 is the back up plan. If they reject the 40x30, I might try negotiating with them down to the 30x30 without having to resubmit all the paper work again.
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Old Jul 14, 2011 | 10:01 AM
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Originally Posted by Tate
Its actually a bit over 8000 sq ft., its a long pie lot, with double lane access. Hence the desire for a kick *** garage. If my appeals fail, the 30x30 is the back up plan. If they reject the 40x30, I might try negotiating with them down to the 30x30 without having to resubmit all the paper work again.
Good plan..
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