Variances and Conditions

This part outlines the City's Development Permit Process, including related requirements and procedures.

2.15 Variances

1. Subject to the limitation on the discretion to approve a variance Variance means a deviation or waiver of a development regulation. A site density bonus or height bonus is not a variance. set out in sections (2) to (9), the Development Authority Development Authority has the same meaning as set out in the MGA. may approve a variance up to a maximum of 25% above any applicable measurement limit set out in this Bylaw if, in their opinion, the proposed development with the variance would not:
   1. Unduly interfere with the amenities of the neighbourhood; or
   2. Materially interfere with, or affect the use, enjoyment, or value of, neighbouring properties.
2. In considering whether to approve a variance Variance means a deviation or waiver of a development regulation. A site density bonus or height bonus is not a variance. under section (1), the Development Authority shall:
   1. Consider the general purpose and intent of the applicable District;
   2. Consider whether the variance results from, or is related to, an aspect or feature that is specific to the land or building Building includes anything constructed or placed on, in, over, or under land, but does not include a highway or bridge that forms part of a highway.  in question, not shared by a significant number of other lands or buildings in the City; and
   3. Not approve a variance when the variance will cause a building or use to be out of compliance with federal, provincial, or other municipal laws or regulations, including the ‘Safety Codes Act, RSA 2000, c. S-1.’
3. Applications or requests for a variance relating to building Building includes anything constructed or placed on, in, over, or under land, but does not include a highway or bridge that forms part of a highway.  height, setbacks Setback means the distance from the foundation wall of a building to the property line at right angles or radially to it. Where there is no foundation wall, the distance shall be measured from the exterior wall at grade, not including cantilevered wall sections or architectural projections. from property lines Property Line means a line of record bounding a lot that divides one lot from another lot, a public roadway, or any other public space., and other regulations that may affect the compliance of a building with municipal, provincial, or federal laws or regulations may be circulated to affected departments for review and comment prior to a decision on the application for the Development Permit.
4. A Development Permit decision, where a variance has been approved, shall contain a Development Permit condition identifying the nature and scale of the variance.
5. Except as otherwise provided in this Bylaw, there shall be no variance from the regulations prescribing floor area Gross Floor Area means the total area of all floors of a building located totally or partially above finished grade, and the total area of all mechanical equipment areas. The area comprising the gross floor area must be enclosed or have a roof over the area, but does not require interior finishing. Gross floor area shall be measured: 1) To the outside surface of the exterior walls; or 2) Where buildings are separated by firewalls, to the centre line of the common firewalls., lot coverage Lot Coverage means the percentage of the lot area covered by buildings., density, or a site density Site Density means the number of dwelling units per hectare of site area. bonus.
6. In the case of a request for a variance Variance means a deviation or waiver of a development regulation. A site density bonus or height bonus is not a variance. involving a sign, the Development Authority shall assess the merits of a ‘Comprehensive Sign Sign means an accessory device or structure erected or placed for the purpose of providing directions or information, and includes copy. This does not include a wall mural. Plan’ (section 6.7) and may vary the number of signs permitted per site if:
   1. The proposed sign Sign means an accessory device or structure erected or placed for the purpose of providing directions or information, and includes copy. This does not include a wall mural. types are allowed within the District;
   2. The proposed signs otherwise comply with the sign type regulations outlined in Part 6: Signage; and
   3. In the opinion of the Development Authority, the comprehensive sign plan results in a greater degree of visual harmony and consistency between the proposed signs, the buildings, the site, and adjacent lands.
7. In the ICC District, the Development Authority may vary building height (section 5.19(8)); building setbacks Setback means the distance from the foundation wall of a building to the property line at right angles or radially to it. Where there is no foundation wall, the distance shall be measured from the exterior wall at grade, not including cantilevered wall sections or architectural projections. (section 5.19(9)); separation distance (section 5.19(10)); design, character, and appearance (section 5.19(11)); pedestrian circulation (section 5.19(12)(c)); landscaping Landscaping means preserving, enhancing, or incorporating vegetative and other materials in a development, and includes combining new or existing vegetative materials with architectural elements, existing site features, or other development features – including fences or walls. (section 5.19(12)(f)); vehicle circulation (section 5.19(12)(g)); or parking Parking means leaving a vehicle temporarily on a lot or site. and loading (section 5.19(13)), if, in their opinion:
   1. The variance is proposed in order to accommodate characteristics which are fundamental to the nature of the Urban Village concept, and is in keeping with the purpose of the District, and
   2. The variance to building height (section 5.19(8)), or building setbacks (section 5.19(9)), is in order to accommodate other design solutions which offer equivalent daylight, ventilation, quiet, visual privacy, or views.
8. For retail (cannabis) Retail (Cannabis) means a development used for the retail sale of cannabis that is authorized by provincial or federal legislation. This does not include a cannabis production and distribution facility or a cannabis production and distribution facility (micro). use, the prescribed minimum separation distances in section 3.93(1) may be varied by an amount not exceeding 10.00 m 32.81 ft..
9. When considering a variance to parking requirements, the Development Authority may require a Parking Demand Study to determine whether adequate parking for the development can be provided on site.
10. If life safety will not be reduced, the Development Authority may accept a dimensional tolerance of up to 0.05 m 0.16 ft. to any building setback Setback means the distance from the foundation wall of a building to the property line at right angles or radially to it. Where there is no foundation wall, the distance shall be measured from the exterior wall at grade, not including cantilevered wall sections or architectural projections. or building separation distance Separation Distance means an open space around dwellings, separating them from adjacent buildings or activities, and providing daylight, ventilation, and privacy. Separation distance is not a front yard building setback, side yard building setback, or rear yard building setback as defined herein. within the bylaw, without a variance.

2.16 Development Permit

1. The Development Authority may impose one or more conditions of approval of a Development Permit, based on the application of land use planning considerations or principles to the circumstances of a proposed development, or to ensure compliance with this Bylaw, regardless of whether the development is a Permitted Use or a Discretionary Use in the District in which it is proposed to be located.
2. Without limiting the generality of section (1), the Development Authority may impose a condition of approval of a Development Permit that:
   1. Requires that the Applicant enter into an agreement with the City, satisfactory to the City, to provide for any matter or thing relevant to the development or to the relationship between the Applicant and the City arising from the development, including, without limitation, an agreement to do any or all of the things described in section 650(1) or section 651 of the MGA; or
   2. Specifies a time limit on the Development Permit approval in the case of a Development Permit for a Discretionary Use or for a Permitted Use.
3. Without limiting the generality of section (1), the Development Authority shall impose a condition of approval of a Development Permit for affordable non-market housing Affordable Non-Market Housing is as defined in the Council Policy C-P&E-06 Affordable Housing., that requires the Applicant to enter into an agreement with the City City means the City of St. Albert., satisfactory to the City, which outlines the provisions for maintaining housing affordability for the affordable non-market housing units identified, and the length of term, in conformance with Policy C-P&E-06 Affordable Housing.
4. The City may register a caveat against the property being developed with affordable non-market housing units, which shall be discharged upon the conditions and term of the agreement described in section (3) being met.

2.17 Development Permit Conditions for Lands Subject to Flood or Subsidence

1. Without limiting the generality of the scope of Development Permit conditions set out in section 2.16, and in addition to the ‘Designated Flood Line Designated Flood Line means the observed and calculated elevation for the 1:100-year flood elevation along the Sturgeon River, Big Lake, and Carrot Creek as indicated on the Land Use Map.’ regulations (section 3.13), where a development of a building is proposed to be on land which, in the opinion of the Development Authority, may be subject to flooding or subsidence, or that is low-lying, marshy, or unstable, or is adjacent to or includes the designated flood line, or that lies in whole or in part within 100.00 m 328.08 ft. of the shore of any lake, river, stream, or other body of water, the Development Authority may impose Development Permit conditions that take into account the condition of the land, the provisions of this Bylaw, and the provisions of any applicable Statutory Plan or Neighbourhood Plan Neighbourhood Plan (NP) means a non-statutory plan whose plan area must be located within an approved Area Structure Plan., including conditions:
   1. Requiring soils and geotechnical reports to be completed prior to or concurrently with the construction of any development;
   2. Requiring foundations, footings, drainage, and any other aspects of the building to be designed and certified by a Professional Engineer;
   3. Requiring the development to be constructed in accordance with the plans and recommendations of a Professional Engineer;
   4. Requiring that a Professional Engineer inspect all or part of the proposed development;
   5. Requiring compliance with specified design criteria, including flood proofing provisions, sedimentation and erosion control measures; and
   6. Requiring a certificate from a Professional Engineer stating that all inspections have been satisfactorily completed, that all design criteria have been complied with, and that all conditions have been met.