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RFD- 3217 Business Items   Item #   10. a.    
Regular Council Meeting Agenda
Meeting Date: 01/22/2018  
Title:    Review of MGA Order - Mako Appeal - Cotterill
Department: Corporate Services  
Strategic Vision Element: n/a Related Goal: n/a

Information
Request for Decision Summary
The purpose of this report is to provide Council with background information on the appeal of a municipal order issued for a violation of the Land Use Bylaw, C-824-12, Section 47(2) - Restricted Objects in Yards.  This order requests the removal of a recreational vehicle from the front yard of 1 Gosset Place, Spruce Grove, by January 26, 2018. Presentations will be made from the appellant, Ms. Sandy Mako, and from the respondent, City of Spruce Grove represented by Chief Robert Kosterman. Council will then decide to confirm, substitute, vary or cancel the order. 

Proposed Motion
That the Municipal Government Act Order issued on January 5, 2018 referencing file number SGE2017-003351 be upheld and that the requirements be met by the appellant by January 26, 2018. 

Or

That the Municipal Government Act Order issued January 5, 2018 referencing file number SGE2017-003351 be varied by (...). 

Or

That the Municipal Government Act Order issued on January 5, 2018 referencing file number SGE2017-003351 be deemed [invalid or patently unreasonable] and that the order be cancelled. 
 

Background/Analysis
An order was issued in accordance with Section 545 of the Municipal Government Act, requesting remedy of a contravention of Section 47(2) of the City's Land Use Bylaw C-824-12. This order requested the removal of a recreational vehicle from a residential property of 1 Gosset Place. 

Section 547 of the Municipal Government Act indicates that a person who receives an order may request council to review that order. The appellant, Ms. Mako, requested a Section 547 review of the order on January 5, 2018. 

Process
Chief Robert Kosterman will represent the City of Spruce Grove and will verbally provide reasons for the order being placed. 

Ms. Sandy Mako will present any evidence related to this matter and may request any changes to the order. 

If any witnesses are brought forward, both the city representative and the appellant may ask questions. 

Once both parties have concluded their presentations, council may wish to ask questions. 

In accordance with section 547 of the Municipal Government Act, Council may confirm, vary, substitute or cancel the order after the review is completed. 


Matters council may wish to consider when hearing the review are: 
  • Does the order meet the requirements of the bylaw;
  • Did a contravention of the bylaw occur; and 
  • Is the order reasonable. 
Each member of council may wish to consider any previous involvement they may have had with this issue or the appellant, Ms. Mako, and in the interests of objectivity and due process, excuse themselves from the review.


 
Options/Alternatives
Council may choose one of three courses of action:

Confirm the Order

This course of action will confirm that the order is indeed valid and the appellant must meet its requirements. 

Vary the Order

This course of action will allow council to vary the time requirements associated with compliance with the order. 

Cancel the Order 

This course of action may be pursued to rectify errors in the order or patently unreasonable requirements of the order. 


Legislation allows for substitution, however this refers to substitution of persons and in this case, would not be relevant. 
Consultation/Engagement
 N/A
Implementation/Communication
 Once a decision has been made, administration will communicate the decision to the appellant. 
Impacts
N/A

 
Attachments
MGA Order
Aerial Map of 1 Gosset Place
C-824-12 - Land Use Bylaw - Section 47
C-824-12 - Land Use Bylaw - Definition - Recreational Vehicle
Photos of 1 Gosset Place

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