Peggie’s Feline Rescue Society will be permitted to move forward with development on a residential property in East Coulee, despite opposition from some of its neighbours, following a written decision by the Subdivision and Development Appeal Board (SDAB).
The SDAB held an appeal hearing on Friday, April 1 and heard from appellants regarding their concerns about the rescue operating within the neighbourhood, listing health and nuisance concerns as some of their reasons for opposition.
A written notice of the decision was posted on Friday, April 15 stating, “The board denies the appeal and upholds the Development Permit on the same conditions as set out in the Development Permit issued by the Development Authority.”
The basis of the appeal was a cat rescue is not listed as one of the permitted uses under the Home Occupation - Urban definition within the Land Use Bylaw (LUB) under which the development permit was approved.
However, Chief Administrative Officer (CAO) Darryl Drohomerski, acting as Development Officer during the hearing, noted the LUB does not provide an exhaustive list of approved home occupations.
Neither accounting nor aesthetician services are named in the LUB as permitted uses under the Home Occupation - Urban definition but are accepted as a permitted use.
Mr. Drohomerski also noted an appeal hearing is normally only held in the event of a discretionary use, not a permitted use, and this was outside the normal scope for this development permit. It was also pointed out the LUB is broad, allowing it to be “open to interpretation” and “more adaptable” for both residents and potential businesses.
Along with citing the development did not fit within the LUB, the appellants also raised health and safety concerns from contamination or exposure to cat urine and feces, along with smell and noise nuisance concerns.
The board determined, based on inspections completed by Alberta Health Services (AHS), there were no health concerns relating to groundwater contamination from cat urine or feces; the board also noted concerns about noise and smell nuisance “should be raised with the appropriate municipal officials” as these are enforcement issues and not something the board is able to address.
