CITY OF VICTORIA BOARD OF VARIANCE MINUTES April 12, 2012

Transcription

1 CITY OF VICTORIA BOARD OF VARIANCE MINUTES Present: Absent: Staff: Bruce Hallsor, Acting Chair Andrew Rushforth Peggy Pedersen Paul Osborne Alan Hodgson Duane Blewett, Senior Planning Technician Lauren Martin, Secretary The meeting was called to order at 12:30 pm. 1. Minutes: Meeting of March 22, 2012 Moved: Peggy Pedersen Seconded: Paul Osborne That the minutes of March 22, 2012, be adopted as distributed 2. Request by the applicants for an amendment to the April 28, 2011 minutes regarding Appeal # Blackwood Street Moved: Andrew Rushforth Seconded: Paul Osborne That the minutes of April 28, 2011 be amended as follows: Page 4 of 4 Applicant Amend Moving the house back would cause the removal of the existing garage which is in better shape than the house structurally to Moving the house back would cause the removal of the existing garage 2. Appeals 12:30 of Variance Appeal #00401 Aspire Custom Designs Ltd., Applicant Benjamin Gerson & Mavis Meadows, Owners 2532 Fifth Street R-2 - Two Family Dwelling The proposal is to build an addition to the rear of the existing residence.

2 of Variance Minutes Page 2 of 7 Relaxations Requested Relaxation of the south side yard setback from 3m (9.84') to 1.5m (4.92') Section d Relaxation of the combined side yard setback from 4.5m (14.8') to 3m (9.84') Lindsay Baker (applicant/designer, Aspire Custom Designs Ltd.) was present. Petition in support from the following neighbours: 2526, 2528, Vancouver Street; 2528, 2536 Fifth Street Applicant/Designer Owner forwarded information to the representatives of the two apartment buildings at 2511 and 2587 Quadra Street and received no comments Proposed changes will improve the view for the occupants of the apartments Existing non-conforming footprint does not allow for construction of an upper level addition in line with the current exterior walls without a variance for south side yard setback With conforming setbacks, the allowable building width would be 10 2, with an interior width of only 9 0 Senior Planning Technician Survey plan is not accurate to what is proposed; refer to the designer s site plan Existing, non-conforming structure Irregular lot size is constraining Requested variance is reasonable Approving the submitted drawings, not the survey plan Seconded: Andrew Rushforth That the following variances be allowed: Relaxation of the south side yard setback from 3m (9.84') to 1.5m (4.92') Section d Relaxation of the combined side yard setback from 4.5m (14.8') to 3m (9.84')

3 of Variance Minutes Page 3 of 7 1:00 of Variance Appeal #00404 Paul Bourke, Applicant/Owner Oscar Street R1-B - Single Family Dwelling Duplex The proposal is to convert the existing duplex into a strata triplex. Schedule G, Section 2.a Relaxation Requested Relaxation of restriction on exterior change to permit changes to the façade of the building facing Oscar Street Paul Bourke (applicant/owner) and Jonathan Aitken (designer) were present. Petition in support from the following neighbours: 1233/35, 1243, 1244, 1248 Oscar Street; 1244 McKenzie Street Applicant/Owner Proposal is to change a window fronting on Oscar Street to a glazed door to provide access to a third floor suite There is an existing interior staircase with landing Existing front door serves both the first and second floor suites Location and configuration of the existing stairs does not allow for rear yard access to the third floor suite Existing suites have rear access Stairs and door have existed since 1914 Moving the interior stairs and adding an interior door now would be disruptive Proposed door will have minimal impact on the streetscape That the following variance be allowed: Schedule G, Section 2.a Relaxation of restriction on exterior change to permit changes to the façade of the building facing Oscar Street

4 of Variance Minutes Page 4 of 7 1:30 of Variance Appeal #00405 Banks Design, Applicant/Designer Maxwell Josephson, David Siegel, Howard Siegel, Owners 1285 Grant Street R-2 - Two Family Dwelling The proposal is to legalize the existing accessory building. Schedule F, Section 4.b Relaxation Requested Relaxation for the west side yard setback from 0.6m (2') to 0.29m (0.95') Nigel Banks (applicant/designer), Max Josephson and David Siegel (owners), Mike Markut (property manager), and Ron and Wishart Welch (owners, 1281 Grant Street) were present. Letter addressing concerns from the owners of 1281 Grant Street Applicant/Designer Existing siting is now non-conforming due to Zoning Bylaw changes in 2011 Fascia board of the accessory building is over the property line and will be removed David Siegel (owner) has discussed the encroachment with the neighbour Max Josephson, Owner Committed to returning the property to a single family dwelling with garage Fascia will no longer encroach on the neighbouring property and gutters will be installed which will not encroach over the property line Owners of 1281 Grant Street One of the owners read a letter outlining their concerns: o May limit the future use of their property; i.e. the building of an accessory building ( confirmed that this is not an issue) and impede the future sale of the property o Fire access may be a problem ( confirmed this is a Fire Code issue) o Water drainage from fascia may impact our property ( confirmed that the existing fascia will be removed; gutters and foundation are Building Code issues) o Building should remain a garage ( confirmed this is a Bylaw Enforcement issue) Existing siting of the building is a hardship as well as timing due to the recent bylaw change Seconded: Andrew Rushforth That the following variance be allowed: Schedule F, Section 4.b Relaxation for the west side yard setback from 0.6m (2') to 0.29m (0.95')

5 of Variance Minutes Page 5 of 7 2:00 of Variance Appeal #00406 Lars Stuurop and Sharon McGeorge, Applicants/Owners 1619 Oakland Avenue R1-B - Single Family Dwelling The proposal is to raise the building to create a secondary suite in the lower storey. Section a Relaxations Requested Relaxation for the front yard setback from 7.5m (24.6') to 6.7m (21.98') Relaxation for the west side yard setback from 3m (9.84') to 2.25m (7.38') Relaxation for the east side yard setback from 1.5m (4.92') to 1.36m (4.46') Section d Relaxation for the combined side yard setback from 4.5m (14.76') to 3.36m (11.84') Lars Stuurop and Sharon McGeorge (applicants/owners) were present. Petition in support from the following neighbours: 1606, 1612, 1618 Edgeware Road: 1606, 1610, 1611, 1614, 1621 Oakland Avenue Applicants/Owners Proposal is to raise the house 2 to create a secondary suite There are no footings under the existing foundation Digging down would create a substandard living space; i.e. like a basement Senior Planning Technician If the applicants chose to dig down, setback variances would not be required; there would be no increase in massing and the house would be in the same location Raising the house would increase the massing Applicants could dig down rather than raise the house, eliminating the need for variances Depth of services and drainage may or may not be an issue Applicants decided to gather further information about digging down versus raising the house That the appeal be adjourned to a date determined by the applicants

6 of Variance Minutes Page 6 of 7 2:30 of Variance Appeal #00408 Steven and Amber Rumpel, Applicants/Owners 1059 Verrinder Avenue R1-A - Single Family Dwelling The proposal is to raise the building to create a secondary suite in the lower storey. Section a. Relaxations Requested Relaxation for the front yard setback from 10m (24.6') to 9.3m (30.51') Section d. Relaxation for the south side yard setback from 3.0m (9.84') to 0.7m (2.30') Section 2.b. Relaxation for the maximum a building can be raised when introducing a secondary suite from 0.6m (1.97') to 1.07m (3.51') Steven Rumpel (applicant/owner) and Don McCarthy (contractor) were present. Letter of concern related to the suite entry and parking from the owner of 1039 Verrinder Avenue Applicant/Owner and Contractor Contacted adjoining neighbours and received no opposition; corresponded by with the owner of 1039 Verrinder Avenue Proposal is to create a bachelor suite in the basement Basement ceiling height is 5 under a sunken living room and 6 for the remainder; raising the house higher than permitted will provide a ceiling height of 7.5 below the sunken living room Most of the basement walls were constructed on rock, resulting in water and mould issues, which should be remedied by the raising of the house and addition of interior drain tiles Parking will be removed on the south side Existing staircase on the south side will be reconfigured Applicant does not want to relocate the entrance to the suite Neighbour to the south is concerned about the entrance to the suite Suite entrance could be moved to the north side or the front of the house Location of door is not currently constrained by the design of the suite South side yard setback would be required even without the door due to the raising of the house Front yard setback is existing, non conforming

7 of Variance Minutes Page 7 of 7 Moved: Andrew Rushforth That the following variances be allowed: Section a. Section 2.b. Relaxation for the front yard setback from 7.5m (24.6') to 9.3m (30.51') Relaxation for the maximum a building can be raised when introducing a secondary suite from 0.6m (1.97') to 1.07m (3.51') Moved: Andrew Rushforth That the following variance be declined: Section d. Relaxation for the south side yard setback from 3.0m (9.84') to 0.7m (2.30') Motion Failed That the following variance be allowed: Section d. Relaxation for the south side yard setback from 3.0m (9.84') to 0.7m (2.30') Opposed: Andrew Rushforth The Senior Planning Technician, applicants, owners, designers, property manager, contractor and neighbours were present during the deliberations. W:\ of Variance\Minutes\Minutes 2012\BOV Minutes Apr doc