by D. Jeanne Kimber
As reported last month, Development Permit DP2024-04247 for two front and rear semi-detached buildings with suites at 3827 Centre B Street NW was overturned by the Subdivision and Development Appeal Board (SDAB). The primary concern expressed by the SDAB pertained to window wells protruding into the 1.2m wide side yards and reducing the amount of usable walkway in the side yards to unsafe widths. This ruling was an eye-opener, and I have since communicated to the City Planning Department that changes are needed to the Land Use Bylaw to correct the rules in the bylaw. If there are to be window wells projecting into the side yard, then the width of the side yard needs to be increased to accommodate both the window wells and a safe, usable walkway. This is particularly important for residents who need to use the side yard to get to the garage or the waste and recycling bins or who live in one of the rear buildings on a property. Just think of how you would manoeuvre a baby stroller through a space that is only 0.44m (about 1 ½ ft) wide. Until changes are made to the Land Use Bylaw, we will be scrutinizing any new DP applications for this design defect.
The following applications are either new or still under review:
• DP2025-00515 is a new application for a four-plex with suites at 3827 Centre B St NW. The application is in response to the overturning of DP2024-04247.
• DP2024-06404 for two rowhouse buildings at 115 36 Avenue NE. There would be 18 two-storey units and ten basement suites, as well as a commercial space at the corner of Centre Street and 36 Avenue NE. The proposal does not appear to conform to the current land use so there would have to be a land use change application made.
• DP2024-09009 at 423 33 Avenue NW for a four-plex with suites
• DP2024-06568 at 4020 1 Street NW for a four-plex with suites. Revised plans have been received.
• DP2024-07701 for a four-unit rowhouse with suites at 3423 2 Street NW. Revised plans have been received.
• LOC2024-0307 for a land use change at 4220 Centre Street NE from R-CG to MU-1. There is some question about whether the proposed development project for this property would conform to MU-1 land use.
• DP2024-05535 for two semi-detached buildings at 215 41 Avenue NW. An appeal was filed with the SDAB concerning window wells projecting into the side yards, unusable side yard walkways, and the front setback. We have just received revised plans from the applicant that appear to have resolved the obtruding window well issue. It is quite possible that a satisfactory resolution to that problem will negate the need for the appeal to proceed.
• DP2024-08783 137 40 Avenue NW for five-unit rowhouse with suites. This application is a revision of previously approved DP2024-00453.
• DP2024-07824 for four rowhouse buildings (16 units with suites) at 4016 – 4024 3 Street NW is under review. The review process is likely to be lengthy.
• DP2024-08555 is for two rowhouse buildings to be built where 36 Avenue NE curves around onto Centre A Street NE. Comments are still being solicited.
• DP2024-08166 for a single semi-detached with suites at 422 36 Avenue NW still shows little progress.
• DP2024-08308 218 32 Avenue NE for a semi-detached.
The City’s Public Notices show that there have been no new DP or LOC applications approved in the past month other than very minor ones. These Public Notices (https://www.calgary.ca/development/public-notices.html), the Development Map (developmentmap.calgary.ca), and the Land Use Bylaw (https://www.calgary.ca/planning/land-use.html?redirect=/landusebylaw) are invaluable sources of planning information for community residents.
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