A. THAT Development Variance Permit LU be issued.

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1 The Corporation of Delta COUNCIL REPORT Regular Meeting To: Mayor and Council File No.: LU From: Date: Community Planning & Development Department October31,2012 Development Variance Permit Application at Avenue (Kurianparambil) The following report has been reviewed and endorsed by the Chief Administrative Officer. RECOMMENDATIONS: A. THAT Development Variance Permit LU be issued. B. THAT the owners satisfy the following requirements as a condition of permit issuance: 1. THAT a Building Permit be obtained for the renovation works; and 2. THAT a Secondary Suite Occupancy Permit be obtained for the secondary suite. C. THAT the owners be required to provide a water meter for the lot at the building permit stage. D. THAT staff report back regarding current regulations for enclosed parking for residential zoned lots with recommendations, including proposed bylaw amendments, to clarify requirements and address situations where enclosed parking areas have been converted into living area. E. THAT the Mayor and Municipal Clerk be authorized to sign all documents pertaining to this development. PURPOSE: The purpose of this report is to provide additional information for Council in considering a Development Variance Permit application at Avenue, which was originally presented at the October 29, 2012 Regular Meeting of Council. The Development Variance Permit request is to vary the zoning requirement to provide at least one off-street parking space within a private garage or principal building and instead, allow the applicant to have required parking spaces on the driveway. A project data table is included as Attachment A.

2 Avenue (Kurianparambil) LU Location Map Page 2 of 5 October 31, : RS3 P SUNGOD ARENA BACKGROUND: At the October 29,2012 Regular Meeting, Council received a report dated October 17, 2012 for the Development Variance Permit Application at Avenue. Council received the report for information but did not adopt any resolutions. Council requested that the application be brought back to the next Regular Meeting for clarification and in consideration of new correspondence submitted by the applicant and area residents regarding the application. Broader implications concerning conversion of enclosed parking areas into living areas were also discussed by Council, and additional information sought. Site Description and Context: The subject lot is zoned RS3 Single Family (0.4 hal Residential. It is flat, 628 m 2 (6,760 ft2) in area, 20.3 rn (67 ft) wide, 31 m (102 ft) deep and contains a 258 m 2 (2,777 W) two-storey single family dwelling, including a basement floor which is mostly above ground. The Sungod Recreation Centre is located nearby to the east and can be accessed via a service road which connects to 78 Avenue. The adjacent lots to the east, west and north are zoned RS3 Single Family (0.4 hal Residential. The lots to the south are zoned RS1 Single Family Residential. All the surrounding residential lots, which are approximately 20 m (66 ft) wide and 31 m (102 ft) deep, are similar in size to the subject lot and each contains a two-storey single family dwelling (Attachment B). The owners purchased the subject property in February 2012 and undertook renovation works in the basement, which included conversion of a portion of the basement into a secondary suite. The owners applied for a building permit for the secondary suite and upon inspection were advised by the Building Inspector that the Zoning Bylaw provision which requires that at least one off-street parking space be provided within a private garage or principal building was not being met. The owners indicated that they had purchased the dwelling without an enclosed garage or carport. As shown on the original

3 Avenue (Kurianparambil) LU Page 3 of 5 October 31, 2012 building permit drawings, the dwelling was constructed with a carport (Attachment C). The carport would have been converted to livable floor area by a former owner without a building permit. The current owners were advised that the parking requirement would either need to be met or varied, prior to a building permit being granted for the secondary suite and renovation works. Board of Variance Application: The owners applied to the Board of Variance to vary the off-street parking requirement. Two pieces of correspondence were submitted to the Board of Variance from the adjacent neighbours to the east and west. The correspondence cited opposition to the proposal noting concerns about increased vehicular traffic. Concerns were also expressed about the potential for five cars to be parked on the driveway at anyone time and about the integrity of an attached carport structure, which has since been removed. At the July 18,2012 Board of Variance Meeting, the Board denied the application as it deemed that there was no undue hardship. Council Policy: Where prior notification has been given, Council may approve a Development Variance Permit without referral to a Public Hearing if they are satisfied that the community has had a fair opportunity to comment on the application or in those cases where the variance is considered minor and will not adversely affect surrounding owners, residents or businesses. DISCUSSION: Proposal: The existing single family dwelling and the proposed secondary suite would require three parking spaces under "Delta Zoning Bylaw No. 2750, 1977", one of which must be accommodated within the existing structure or a detached garage. The owners have requested a Development Variance Permit to vary Section 638(2) of "Delta Zoning Bylaw No. 2750, 1977" in order to vary the requirement to provide at least one off-street parking space within a private garage or principal building on the subject property. The Development Variance Permit is requested such that 19 m 2 (205 W) of living space, which was previously converted from a carport, may be retained as basement floor living area (Attachment D), and that all three required parking spaces be provided on the existing driveway on the property. The owners wish to utilize a portion of the converted area as part of a secondary suite to be located in the basement of the dwelling, which would accommodate a family member with a hearing impairment (Attachment E). To revert the space to accommodate a garage as part of the house or to construct a detached garage, while possible, would be costly according to the owners. Staff's earlier recommendation was to not support the variance request based on recent community sensitivities in Delta, including those expressed by nearby neighbours, about the proliferation of vehicles on driveways and pressure on street parking resulting from both secondary suites and the conversion of garage or carport spaces to living area.

4 Avenue (Kurianparambil) LU Page 4 of 5 October 31, 2012 Subsequent to the previous staff report, eight letters of support from area residents were received, including two letters from the owners of the adjacent properties to the east at Avenue and the property across the street at Avenue who had originally expressed concerns in relation to the Board of Variance application. A location map summarizing the letters of support is included in Attachment F. Based on the above, staff recommend that the Development Variance Permit be issued. The variance, if approved, would likely have minimal detrimental impacts on the surrounding neighbours for the following reasons: 1. The subject property contains a paved driveway which can accommodate all three required parking spaces on the site (Attachment D); 2. The proposed basement renovation works would not result in any exterior changes to the dwelling and, further, the owners have taken steps since purchasing the property to clean-up the yard and have removed a nonpermitted 'lean-to' shed structure Or:! the side of the house; 3. The existing dwelling, which measures 258 m 2 (2,777 ft2) in floor area and would contain a 70 m 2 (753 W) secondary suite in an above-ground basement, is modest in scale; and 4. The total resulting floor area would be less than the maximum allowable floor area of 281 m 2 (3,025 W) permitted under the RS3 Single Family (0.4 hal Residential Zone. In order to legalize the lack of covered parking on the site, the Municipal Solicitor has advised that Council may issue the Development Variance Permit with or without conditions. Issuance of the Development Variance Permit does not authorize occupancy of the secondary suite. It would be possible to issue the Development Variance Permit subject to the owner obtaining a building permit for the renovation works and an occupancy permit for the secondary suite. This would ensure that the renovation works and suite complies with all Delta's Bylaws and is safe to occupy. Policy Review: In considering this application, Council raised a number of broader questions about how to address lack of on-site parking resulting from previously converted garage or carport spaces to living area. Questions about disclosure about illegal garage and carport enclosures by realtors, enforcement options by Delta, and Zoning Bylaw amendments relating to parking and secondary suites were identified. Further review is required by staff to address these questions which have broader community implications. It is recommended that a future report outlining existing parking regulations and providing options on how to address situations where enclosed parking area has been converted into living area be provided following a more detailed review by staff. Implications: Financial Implications - There are no financial implications to Delta.

5 Avenue (Kurianparambil) LU Page 5 of 5 October 31, 2012 Interdepartmental Implications - The owners would be required to comply with the development regulations as set out in "Delta Subdivision and Development Standards Bylaw No. 5100, 1994". They would also be required to provide a water meter at the building permit stage. Community Implications - A public notice sign for the proposal was placed on the property in August 2012 and a public notification letter was sent to surrounding neighbours on August 31, Public notification on the proposed Development Variance Permit has been sent to surrounding residents to advise them that Council will be considering this item at the October 29, 2012 Regular Meeting. Eight letters of support from area residents were received. Should any further comments be received, they will be provided to Council as on-table items. CONCLUSION: The owners have requested a Development Variance Permit to vary the zoning requirement to provide at least one off-streelparking space within a private garage Dr principal building. The variance is requested in order to allow living space, which was previously converted by a former owner from a carport, to be retained as part of the basement floor area. The existing driveway would accommodate the three required off-street parking spaces for the single family dwelling and the proposed secondary suite. The variance, if approved, would likely not have any detrimental impacts on the surrounding properties. Eight letters of support have been received from area residents. It is recommended that Development Variance Permit LU be issued. It is also recommended that staff report back regarding current regulations for enclosed parking for residential zoned lots with recommendations, including proposed bylaw amendments, to clarify requirements and address situations where enclosed parking areas have been converted into living area. IV?I t- Marcy Sang ret Acting Director of Community Planning & Development Department submission prepared by: Alex Cauduro, Planner AC/wl ATTACHMENTS: A. Project Data B. Photographs of the Subject Property and Neighbouring Houses C. Original Building Permit Drawings D. Current Survey Plan E. Proposed Basement Floor Plan F. Location Map Summarizing Letters of Support

6 Project Data for Avenue Attachment A Page 1 of 1 Owners/Applicants Jude and Rita Kurianparambil Application Date August 14, 2012 Existing Regional Growth General Urban Strategy Designation OCP Designation: Schedule A R One and Two Unit Residential Schedule C.1 SFR Single Family Residential (North Delta Area Plan) Development Permit ND14 North Delta Development Area Permit Area for Intensive Residential Development Zoning RS3 Single Family (0.4 hal Residential No. of Lots.. 1 Lot Size 628 m" (6,760 ft") Lot Width 20.3 m (67 tt) Average Lot Depth 31 m (102 ftl Permitted under RS3 Zone Maximum House Size Single Family Dwelling: 281 m 2 (3,025 ft2)* *plus additional in-ground basement floor area, subject to zoning regulations at the time of building permit Maximum No. of 2% Storeys Maximum Building Height to: Roof Ridge 9.5 m (31 ft) Mid-Roof 8 m (26 tt) Variance Required Zoning Bylaw: Proposed Proposed Single Family Dwelling: 258 m 2 (2,777 fe), including a 70 m 2 (753 ft2) secondary suite in an above-ground basement 2 7 m (23 ft) 5.8 m (19 ft) Proposed - _.-. - Section 638(2) Off-Street Parking Not less than 50 percent of all required off-street parking spaces or one parking space, whichever is greater, shall be contained within a private garage or principal structure All required parking spaces to be provided on the driveway G:\Current f)evelopment\lu FILES\LUOOG\LUOOG6G8\Council\Projec( Dat,,] Alli:1Chment l_l.joo()()g8.docx

7 Attachment B Page 1 of 3 Photographs Avenue - Front Elevation of Subject Property 78 Avenue Streetscape

8 / Attachment B Page 2 of 3 _ " Avenue: Adjacent Neighbour to the West - Front Elevation Avenue: Adjacent Neighbour to the East - Front Elevation

9 Attachment B Page 3 of A Street: Neighbour Across the Streerto the North - Side Elevation I Avenue: Neighbour Across the Street to the North - Front Elevation

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12 Attachment D Page 1 of 1 Current Survey Plan 78th AVENUE I I. I PREVIOUSLY CONVERTED CARPORT AREA [:::::>- PARKING SPACE

13 Attachment E Page 1 of 1 SHARED LAUNDRY A () OPEN AREA TO OUTSIDE 11 '-2 lit 2 Oi GROOM IT 71J2".- PRO-;OSED BASE;NT FLOOR PLAN A Conformance to the B.C. Building Code 2006, as amended 4030 ISCALE: 114" = 1'-0" I rz:a PROPOSED SECONDARY SUITE AREA-70m ' (753 ft' ) D PREVIOUSLY CONVERTED CARPORT AREA Basement Floor Plan 129 m' (1,388 ft') 2nd Floor Area 129 m' (1,388 ft') Total Floor Area 258 m' (2,777 ft') Secondary Suite Area 70 m' (753 ft') G:\Current Oevelopmenl\LU F l l S\LUOO6\LUOO6668\OrlWiogs\LUOO6668_8.1sn t floor Plarulwg. 01/11/20121:31:34 PM, SmithK 1

14 Location Map Summarizing Letters of Support Attachment F Page 1 of 1 '\/; Subject Property l- (f) a I (f) 7834 «a '" SUNGOD / 78 AVE 78 AVE L (I; N Ol Ol i '" '" '" 0 '" '" N '" '" '" '" '" Ol Ol Ol MONROE... 0 ARENA DR / % ;11 r- 1 '\ Letters of Support (8) 0 'Om 0 71 I T \ ( G:\Current Oevelopment\ LU FllES\LU006\ luoo6668\ Draw;ngs\LU006668_letters in supporldwg, 31/ 10/2012 1:18:53 PM, SmithK