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Quasi-Judicial Standing Committee

Meeting Minutes1 of 6

July 18, 2005, nr

QUASI-JUDICIAL STANDING COMMITTEE MINUTES

Monday, July18, 2005

MEMBERS: / PRESENT:
J. Batty, Chair / J. Batty
E.Gibbons / E.Gibbons
R.Hayter / R.Hayter
J.Melnychuk

ALSO IN ATTENDANCE:
J.Wright, Office of the City Clerk

A.CALL TO ORDER AND RELATED BUSINESS

A.1.CALL TO ORDER

Councillor J. Batty called the meeting to order at 1:33 p.m.

A.3.ADOPTION OF MINUTES

MOVED R.Hayter:

That the June 20, 2005, Quasi-Judicial Standing Committee meeting minutes be adopted.

CARRIED

FOR THE MOTION:J. Batty, E.Gibbons, R.Hayter.

A.5.EXPLANATION OF THE APPEAL HEARING PROCESS

Councillor J. Batty explained the appeal hearing process and asked if anyone objected to any Member of the Quasi-Judicial Standing Committee hearing the appeals. No one objected.

Q.MATTERS RELATED TO THE QUASI-JUDICIAL STANDING COMMITTEE

Q.1.APPEAL HEARINGS

Q.1.d.Appeal Notice – BohdanRomanMartynkiw, 12204 – 113 Avenue NW, Edmonton - Order to Remedy Unsightly Property (Pursuant to Section 546 of the Municipal Government Act)

MOVED E.Gibbons:

That item Q.1.d. be dealt with now.

CARRIED

FOR THE MOTION:J. Batty, E.Gibbons, R.Hayter.

F. P.Tarulli, representing B.R.Martynkiw, spoke to the request for postponement and answered the Committee’s questions.

J.Wright, Office of the City Clerk, answered the Committee’s questions.

MOVED R.Hayter:

That the following item be postponed to the August 29, 2005, Quasi-Judicial Standing Committee meeting, time specific at 1:30 p.m.:
Q.1.d. – Appeal Notice – BohdanRomanMartynkiw, 12204
– 113 Avenue NW, Edmonton - Order to Remedy Unsightly Property (Pursuant to Section 546 of the Municipal Government Act) / Planning & Dev.
Due: Aug. 29, 2005
1:30 p.m.

CARRIED

FOR THE MOTION: J. Batty, E.Gibbons, R.Hayter.

Q.1.a.Appeal Notice – Nanette McDermott, 11936 – 95 Street NW, Edmonton - Order to Remedy Unsightly Property (Pursuant to Section 546 of the Municipal Government Act)

N.McDermott, Appellant, made a presentation and answered the Committee’s questions.

A set of photographs of the subject property taken by Administration today, was provided to the Appellant and a second set was circulated to Members of the Committee and then filed with the Office of the City Clerk.

J. Wilson, Planning and Development Department, made a presentation and answered the Committee’s questions.

The Chair asked if there were any other interested parties present who wished to speak to the appeal.

N.McDermott, Appellant, did not wish to make a further presentation.

MOVED J. Batty:

That the Committee meet in private pursuant to section 4 of the Freedom of Information and Protection of Privacy Act.

CARRIED

FOR THE MOTION: J. Batty, E.Gibbons, R.Hayter.

The Committee met in private at 2:01 p.m.

MOVED E.Gibbons:

That the Committee meet in public.

CARRIED

FOR THE MOTION: J. Batty, E.Gibbons, R.Hayter.

The Committee met in public at 2:06 p.m.

DECISION BY THE QUASI-JUDICIAL STANDING COMMITTEE ON APPEAL NOTICE - Nanette McDermott, 11936 – 95 Street NW, Edmonton - Order to Remedy Unsightly Property (Pursuant to Section 546 of the Municipal Government Act)

In dealing with this appeal, the Quasi-Judicial Standing Committee heard from N.McDermott, Appellant; and J.Wilson, Planning and Development Department. Recent photographs of the subject property were also reviewed.

On behalf of the Committee, Councillor J. Batty stated “We did hear from you today and we heard from Mr.Wilson and we had the opportunity to look at the photos of your yard that were taken on today’s date.Certainly the Committee is aware that you have some health issues that you are struggling with; however, you do have other agencies out there that I am sure would be prepared to help you. Your son is one, you do have neighbours, there are churches in the area as well as other agencies which you do have to pay to have to come and clean up. So in light of what we heard today and recognizing the health issues, we are upholding the direction from the Bylaw Officer to remedy the unsightly property pursuant to section 546 of the Municipal Government Act. You will have 30 days grace as of the date of service of this decision, so you do have 30 days to clean it up. And that’s 30 days. We are not adding anything that’s not already there. These are 30 days that go with the actual issue that is in front of us today. You will get a letter and from that date you have 30 days to clean your yard up.”

MOVED J. Batty:

That the Order to Remedy Unsightly Property (Pursuant to Section 546 of the Municipal Government Act) dated June 10, 2005, be upheld to the satisfaction of the Bylaw Officer. / Planning & Dev.

CARRIED

FOR THE MOTION: J. Batty, E.Gibbons, R.Hayter.

Q.1.b.Appeal Notice – Wonton Construction Enterprises Ltd., 11902 – 127 Avenue NW, Edmonton - Order to Remedy Unsightly Property (Pursuant to Section 546 of the Municipal Government Act)

The appeal was withdrawn as the property no longer constitutes an unsightly condition as defined by Section 546 of the Municipal Government Act, and now complies with the City of Edmonton Bylaw 10406.

Q.1.c.Appeal Notice – Stephen Clare and Christine Wardle, 1435 – 80 Street NW, Edmonton - Order to Remedy Unsightly Property (Pursuant to Section 546 of the Municipal Government Act)

MOVED J. Batty:

That the Committee hear from the following interested parties:

  1. F. and F.Lakhan
  2. B. and B.Symes

CARRIED

FOR THE MOTION: J. Batty,E.Gibbons,R.Hayter.

Councillor J. Batty indicated that the Appellant is requesting a postponement of the hearing to the August 29,2005, Quasi-Judicial Standing Committee meeting.

S. Clare, Appellant, spoke to the request for postponement and answered the Committee’s questions.

A set of photographs of the subject property taken by Administration today, was provided to the Appellant and a second set was circulated to Members of the Committee and then filed with the Office of the City Clerk.

J.Wright, Office of the City Clerk, answered the Committee’s questions.

MOVED J. Batty:

That the Committee hear from T.Keenan, representing F. and F.Lakhan, an interested party.

CARRIED

FOR THE MOTION: J. Batty, E.Gibbons, R.Hayter.

T. Keenan, representing F and F.Lakhan, an interested party, spoke in opposition to the request for postponement and answered the Committee’s questions.

B.Symes, an interested party, spoke to the request for postponement and answered the Committee’s question.

J.Wright, Office of the City Clerk, answered the Committee’s questions.

J.Wilson, Planning and Development Department, answered the Committee’s questionsregarding the request for postponement.

MOVED R.Hayter:

That the Committee meet in private pursuant to section 4 of the Freedom of Information and Protection of Privacy Act.

CARRIED

FOR THE MOTION: J. Batty, E.Gibbons, R.Hayter.

The Committee met in private at 2:22 p.m.

MOVED E.Gibbons:

That the Committee meet in public.

CARRIED

FOR THE MOTION: J. Batty, E.Gibbons, R.Hayter.

The Committee met in public at 2:31 p.m.

DECISION BY THE QUASI-JUDICIAL STANDING COMMITTEE ON APPEAL NOTICE - Stephen Clare and Christine Wardle, 1435 – 80 Street NW, Edmonton - Order to Remedy Unsightly Property (Pursuant to Section 546 of the Municipal Government Act)

In dealing with this appeal, the Quasi-Judicial Standing Committee considered the request for postponement and heard from S. Clare, Appellant; T. Keenan, representing F and F. Lakhan,an interested party; B. Symes, an interested party;and J. Wilson, Planning and Development Department, with respect to the request for postponement. Recent photographs of the subject property were also reviewed.

On behalf of the Committee, Councillor R. Hayter stated “The Committee heard from the Appellant, S. Clare, who indicated that he was unaware that there would be representation from the community on this particular issue and requested that this matter be postponed so that he could seek legal advice on his position in relation to this Order to remedy an unsightly property. The Committee also heard from B.Symes and T.Keenan, representing F. and F.Lakhan, neighbours in the area who were speaking in regard to the request for postponement. Mr.Symes indicated that while he was aware of the Order he did not express an opinion related to the request for postponement, but Mr.Keenan, on behalf of his father and mother-in-law, indicated that there should be no postponement. It is the Committee’s decision that out of respect for due process that the request for the postponement should be granted. The request that was made by Mr.Clare was that this be postponed to August 29, 2005. It is the Committee’s belief that this request should be granted again out of respect for due process.“

MOVED J. Batty:

That the following item be postponed to the August 29, 2005, Quasi-Judicial Standing Committee meeting, time specific as the second item at 1:30 p.m., that this matter will be dealt with on August 29, 2005, in public, and that all interested parties wishing to speak on this item will be heard at that time:
Q.1.c. – Stephen Clare and Christine Wardle, 1435 – 80 Street
NW, Edmonton - Order to Remedy Unsightly
Property (Pursuant to Section 546 of the Municipal
Government Act) / Planning & Dev.
Due: Aug. 29, 2005
Second item at
1:30 p.m.

J.Wright, Office of the City Clerk, answered the Committee’s questions.

CARRIED

FOR THE MOTION: J. Batty, E.Gibbons, R.Hayter.

O.ADJOURNMENT

The meeting adjourned at 2:36 p.m.

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CHAIRCITY CLERK

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Quasi-Judicial Standing Committee

Meeting Minutes1 of 6

July 18, 2005, nr

INDEX

QUASI-JUDICIAL STANDING COMMITTEE MEETING

JULY 18, 2005

A.CALL TO ORDER AND RELATED BUSINESS

A.1. CALL TO ORDER

A.3. ADOPTION OF MINUTES

A.5. EXPLANATION OF THE APPEAL HEARING PROCESS

Q.MATTERS RELATED TO THE QUASI-JUDICIAL STANDING COMMITTEE

Q.1.APPEAL HEARINGS

Q.1.a.Appeal Notice – Nanette McDermott, 11936 – 95 Street NW, Edmonton - Order to Remedy
Unsightly Property (Pursuant to Section 546 of the Municipal Government Act)

Q.1.b.Appeal Notice – Wonton Construction Enterprises Ltd., 11902 – 127 Avenue NW,
Edmonton - Order to Remedy Unsightly Property (Pursuant to Section 546 of the Municipal
Government Act)

Q.1.c.Appeal Notice – Stephen Clare and Christine Wardle, 1435 – 80 Street NW, Edmonton -
Order to Remedy Unsightly Property (Pursuant to Section 546 of the Municipal Government
Act)

Q.1.d.Appeal Notice – Bohdan Roman Martynkiw, 12204 – 113 Avenue NW, Edmonton – Order
to Remedy Unsightly Property (Pursuant to Section 546 of the Municipal Government Act)

O.ADJOURNMENT