Appeal

Notice of Appeal Decision

Posted on Thursday March 28, 2019 at 10:10AM

This is to notify you that appeals against Development Permit Nos. 063-18, 064-18, 065-18 with regards to the following:

Development Permit Nos.
063-18, 064-18, 065-18

Land Description:
SE 6-57-19 W4, SSE 17-58-19 W4, SE 29-56-19 W4

Proposal: Placement of Billboards for advertising purposes

Applicant/Appellant: Brock Maschmeyer (Arlan Maschmeyer representative for Brock Maschmeyer)

was considered by the SUBDIVISION & DEVELOPMENT APPEAL BOARD on March 21, 2019 and the decision with regard to the appeals is as follows:

Background Facts
The purpose of the hearing was to gather evidence and information from involved and concerned parties in order to give the Board Members enough information to make an informed decision on the appeals of this development.

The Development Officer presented her report which stated that Lamont County has followed the proper protocols to receive these development permit applications to place Billboards for advertising purposes at SE 6-57-19 W4, SSE 17-58-19 W4 and SE 29-56-19 W4.

The appellant’s representative stated their reasons for appealing the refusal of the development permit applications.

Decision
Upon hearing the evidence presented, it is the decision of the Board to refuse the applications at this time.

Reasons
Section 9.1(78) of the County’s Land Use Bylaw defines a “sign” as follows:

"sign" means any visual medium, including its structure and other component parts, illuminated or not illuminated, which is used or capable of being used, on a permanent or temporary basis, to identify or convey information, or to advertise or attract attention to a product, service, place, activity, person, institution or business. Without limiting the generality of the foregoing, signs shall include banners, placards, and painted messages, but not national flags, interior window displays of merchandise, or signs painted on or attached to a motor vehicle intended for use on a public roadway;

The lands that are the site of proposed development are located in three different land use districts. Signs are a discretionary use in the applicable land use districts.

The Applicant/Appellant has not obtained the roadside development permits required for the signs from Alberta Transportation. There was some evidence before the Board as to whether the correspondence from Alberta Transportation to the Applicant/Appellant regarding Alberta Transportation’s refusal to issue a permit was properly sent and received; however, it was undisputed that a roadside development permit has not actually been obtained for any of the signs.

The Applicant/Appellant presented evidence and made submissions to the Board regarding other signs within the County and neighboring municipalities which appear to contravene the applicable provincial and/or municipal requirements. The Board did not take this evidence into account in making its decisions, as the appeal before the Board was limited to Development Permit No. 063-18, 064-18, 065-18 and it is not the Board’s role to review whether other developments in the area comply with the applicable requirements.

In making its decision, the Board took into consideration the concerns raised and information provided by the Applicant/Appellant as well as the statements by the Development Officer and the agenda package for the appeals. Regardless of how sympathetic the Board is to the Applicant/Appellant regarding the apparent inconsistencies in the application of the applicable requirements, the Board is not satisfied that it is appropriate to exercise its discretion to issue development permits for the signs based on the evidence before the Board. Concerns were raised by affected landowners regarding the size and visual and safety impacts of the signs during the application and appeal processes. The signs are significantly larger than the 16.0 square feet referred in Section 6.17 of the Land Use Bylaw. The required roadside development permits have not been obtained, nor has the Applicant/Appellant presented any evidence to the Board which satisfies the Board that they will be issued in the foreseeable future and are necessary for the signs to be in compliance with the applicable provincial legislation and regulations.

If the Applicant/Appellant wishes to proceed with the proposed development, the Board considers the appropriate procedure to be for the Applicant/Appellant to first obtain the required roadside development permits from Alberta Transportation then re-apply to the Development Authority for the required development permits.

March 25, 2019

betty_sig_SDAB

NOTE:
A decision of the Subdivision & Development Appeal Board is final and binding on all parties and persons, subject only to an appeal upon question of jurisdiction or law pursuant to the Municipal Government Act. An application for leave to appeal to the Court of Appeal shall be made:

a) to a judge of the Court of Appeal;
b) within 30 days after the issue of the order, decision, permit or approval sought to be appealed.

Author: Lamont County

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