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Board upholds appeal of screening condition

The Mountain View County subdivision and development appeal board has upheld an appeal of a municipal planning commission decision regarding a screening requirement on a Sundre-area rural property. The appeal hearing took place on Jan.

The Mountain View County subdivision and development appeal board has upheld an appeal of a municipal planning commission decision regarding a screening requirement on a Sundre-area rural property.

The appeal hearing took place on Jan. 8 in council chambers and the board has now issued its ruling.

The appellant was seeking the removal of a condition imposed as part of a December 2018 development permit approval for industrial storage and warehousing - outdoor storage on the property involved, which is located southeast of Sundre approximately half a kilometre east of Highway 760 (at SW 34-32-5-5).

The condition called for the applicant to “submit a landscaping plan to the satisfaction of the county which shall provide screening in the form of vegetation and/or privacy screening/fencing along the westerly perimeter of the subject property. The landscaping shall be completed by Dec. 6, 2019 and shall be maintained to the satisfaction of the county.”

In the notice of development appeal, the appellant said, in part, that the screening would unreasonably “decrease maneuverability of vehicles within the site.”

Speaking to the board during the Jan. 8 hearing, the appellant added, “I don’t want people to be upset, but I don’t think there’s any way we can commit or achieve these screening criteria. A fence isn’t going to help noise. It’s an unnecessary expense that doesn’t make sense.”

During the Jan. 8 hearing, one nearby resident said the screening is required to reduce the impact of operations on the property vis-à-vis adjacent properties.

“I think the only thing that would resolve the situation is a wall around the property,” she said. “I moved to the country for the quiet life and I’m not getting it. I need my sleep and I’m not getting any. I’d like a wall built around it.”

In its ruling on the appeal, the board stated the following:

“The board determined that although policy 6018 requires that screening be placed on a business, commercial or industrial development when abutting residential properties, that screening should not be required as the adjacent residential properties most impacted are in agreement with not requiring additional screening and that any screening placed in compliance with policy 6018 would be ineffective at mitigating concerns raised by other landowners.

“Further, the board determined that the placement of screening would cause the lands to be decreased to a size that would affect the efficiency of the proposed development and/or make maneuverability on the lot difficult for operations of the business.”

The board also stated that it determined that the “reduced hours of operation for repairs and maintenance will mitigate a portion of the concerns raised by adjacent landowners but still respect that the lands are appropriate for an industrial use.”

One of the conditions of the development permit approval was that while the hours of operation at the site are 24 hours a day, seven days a week, repairs and maintenance of vehicles can only take place Monday though Friday from 8 a.m. to 4 p.m.

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