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How to handle the apeal process?

Sent to Legal Experts October 03 05:36 PM

How do I go about preparing for an appeal of a building permit? An older house has been torn down across the back-alley from mine. It has been replaced with 2 attached dwellings using the maximum allowable structure plus a relaxation. The original building had to be reduced in size to allow for 2 double garages. Now the developer wants a relaxation to build a much larger garage. This is an older neighborhood with lots of trees and green spaces. If all the older homes are all torn down and this is allowed there will not be much green space left.   I believe the developer is using the appeal process to build the maximum possible structure with the hopes that no one will care enough to appeal the garage size. How do I handle the appeal? Do I have any grounds or basis to go on?

 

Optional Information:
Calgary, Canada

Already Tried:
Asked friends.

Customer (name blocked for privacy)
Status:  Closed   Value: $15
Info Request
October 3 5:39 PM (3 minutes and 21 seconds later)
         
REPLIED to Info RequestCheck Mark
Hello,

What is your interest in the location. Are you a home owner in the area?

Will you be directly impacted by this, or secondary impacted by potential future value of your home/neighbourhood.

Cheers.



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Flagbridge-ADR -- Arbitrator/Mediator -- 99% Positive Feedback on 1171 Legal Accepts
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Reply
October 3 5:43 PM (4 minutes and 12 seconds later)
         
Reply to Flagbridge-ADR's Post: Yes I am a home owner in the area. I live directly across the alley from where the garage is being built. It is a narrow alley and vehicles going in and out of the garage may impact my property.
Customer (name blocked for privacy)
Answer
October 3 5:51 PM (7 minutes and 24 seconds later)
         
REPLIEDCheck Mark
Hello,

I had a look at this site HERE

It is a fantastic page. It has all the forms, numbers, and limitation periods you need.

If you have passed the limitation period, let me know and we will explore the few remaining options.

I hope this is the info you needed.

Good luck, and if happy and Accept is always nice.




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Reply
October 3 5:59 PM (8 minutes and 5 seconds later)
         
Reply to Flagbridge-ADR's Post: Yes, I already went to that site it does not tell me much. I went to the initial hearing and there was a postponement with a new date for the hearing with the appeal board on Oct. 12. The zoning for the area is R2. I believe the lot coverage exceeds what is allowed.
Customer (name blocked for privacy)
Answer
October 3 6:16 PM (17 minutes and 37 seconds later)
         
REPLIEDCheck Mark
Ok Let me have a read of the site. So the appeal is dated for October 12th?

I have to step out for a few hours. I will however look at the site, look up other sources, and get back to you later with more details.

Is that ok?

Cheers



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Reply
October 3 6:24 PM (7 minutes and 17 seconds later)
         
Reply to Flagbridge-ADR's Post: Thank you
Customer (name blocked for privacy)
Answer
October 4 12:50 AM (6 hours and 26 minutes and 17 seconds later)
         
REPLIEDCheck Mark
Hello,

As I understand your situtation, the appeal process is still in the works for a modified permit to accomodate the new garage.

So authorization of that has not been granted?

Am I correct to deduce that you would like guidance on how to present your case at the hearing to see if the modification will be permitted?

Please advise.



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Reply
October 4 10:17 AM (9 hours and 27 minutes and 14 seconds later)
         
Reply to Flagbridge-ADR's Post: Yes, you are correct. The original building size had to be reduced to to allow the inclusion of 2 double garages. Now the building developer wants an increase the size of the garages which is what I am appealing.
Customer (name blocked for privacy)
Answer
October 4 10:31 AM (13 minutes and 40 seconds later)
         
REPLIEDCheck Mark
Ok now I see. You are actually protesting the application, not appealing the result, because there is no result.

I got a little confused. Ok let me see what I can come up with to make sure you can present youself and your case properly at te hearing so that the remifications are understood.

I will be back to you in about an hour. It is now 10:30 EST.




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Reply
October 4 10:57 AM (26 minutes and 31 seconds later)
         
Reply to Flagbridge-ADR's Post: Yes, thank you. I need to know how to present my case properly at the hearing.
Customer (name blocked for privacy)
Answer
October 4 12:22 PM (1 hour and 24 minutes and 17 seconds later)
         
REPLIEDCheck Mark
Hello,

Ok I did some research and made a few calls.

I assume that a sign has been posted on the site, which gives the Development Permit details, and the deadline for comments.

Is the deadline for comments the October 12th that you talked about. or is that a date of a formal hearing?

I spoke with an engineer based in Calgary. She said that there is generally not a formal hearing for small development permits. She also said that the key is to make sure you get you complaint or comments to the particular person (the File Manager) by the date specified. Best to send it in a verifiable form of receipt.

Ok so regardless of if it is a hearing or the deadline, the basic issues are the same.

You don't like the short and long term direction this approval could give way to. So here is how you structure your answer/opinion/comments to ensure that it is taken seriously.

I strongly recommend you have some neighbor sign this letter as well if possible.

Further if this an in person hearing, use this letter as a template for your discussions.

It is VITAL you stay organized in thought, and you do not make any attacks on the builder. Do not make accusations as to their intentions. Address the issue for what it is. An encroachment on enjoyment and the neighborhood.

GOOD LUCK!!!!

Here it is

Letter/Date proper addresses etc.

RE: Development Permit Number XXXXXX Objections/Comments.

Dear : File Manager

Allow me to introduce myself. My name is XXXX XXXX, and I currently, own and live at XXX XXXXXXXX. I am writing to you today to submit my comments, and objections to the Development Permit Application Number XXXXXX. In short the proposed permit, will prove to be a current, and future economic, cosmetic, and enjoyment disaster for the neighborhood. I urge you to object this request to ensure the integrity and enjoyment of our community is not compromised. I am most certain a more reasonable Development Plan will serve both the applicant and the neighborhood.

It is my (our if the neighbors sign) belief that the current and future economic impact on the approval of this permit would be unpleasant, and unnecessary to say the least.
XXXXXX XXXXXXX XXX <- support your accusations

Further the cosmetic and environmental enjoyment of the neighborhood, not only will be compromised, but sets a dangerous precedent for the gregarious development of out of place additions. XXXXXXX XXXXXXX Support your accusations

We are confident that a more suitable design will meet the applicants needs. Such a design needs to take into consideration the aforementioned items.

As such it is our request that you take this formal objection seriously, and encourage the applicant to propose something less intrusive. I will be happy to attend any hearing or entertain any questions, at your convenience.


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Reply
October 4 12:43 PM (20 minutes and 58 seconds later)
         
Reply to Flagbridge-ADR's Post: Oct 12, is the date of the hearing with the Development Appeal board. I need to present my case in person to the board. Your response gives me good advice on how to present my case. I will prepare the letter and speak with neighbors. If this kind of development continues there will not be much green space left in the neighborhood which is my biggest concern. The developers are already exceeding what is allowed. Thank you very much for your advice.
Customer (name blocked for privacy)
Answer
October 4 1:03 PM (20 minutes and 44 seconds later)
         
ACCEPTEDCheck Mark
I am glad I could help.

Remember I urge you to make sure that you keep the personal attacks out of the hearing. Keep your tonne civil, but concerned. Be patient, polite, and encourage the applicant to explore other options.

If this information has helped can you please click accept so I can be remunerated for my time. Bonuses are graciously accepted.


Thanks!!!!



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