The Alberta Municipal Government Board will hear the appeal for the defeated Elsner subdivision this week after ruling that the case is within its jurisdiction.The hearing is scheduled for this Thursday at Olds College and will continue on Friday if required.Jack and Cindy Elsner are appealing an April 21 Municipal Planning Commission decision to refuse their subdivision application for 12 one-acre lots on 22 acres southeast of Sundre.MPC refused the application ìdue to stormwater and drainage issues,î and because stormwater collection and disposal ìdoes not conform to the Komex reportî ñ concerns that had been raised at the meeting by Reeve Paddy Munro, who objected as an adjacent landowner. Emergency access was also cited in the reasons for refusal.The Elsners appealed the decision to the MGB, but the county contested the board's jurisdiction in the case, arguing the appeal should be heard instead by the county's subdivision and development appeal board.On July 29, the MGB heard evidence from both sides on whether the land contained or was situated adjacent to a water body ñ one of the conditions under the MGA for the provincial board to hear the appeal.While county lawyer Sheila McNaughtan argued ìthere is no evidence that there is a body of water or a bed and shoreî on the property, Elsner lawyer David Smitten told the board his client had ìindicated four distinct water bodies on his land,î with ìa continuous flow from a variety of sources.îAs well, Smitten cited a report written by former planning and development director Diana Hawryluk, who gave evidence at the hearing supporting the Elsners' argument that the MGB should hear the appeal, as the property lies in a recharge area for the Red Deer River Basin.The board's reasons for deciding to hear the appeal will be given when the written decision on the appeal itself is released, MGB case manager Kellie Lau told the Gazette last week.The hearing will be held in Room 209 of the Duncan Marshall Building and starts at 9 a.m.It is open to the public.
