STRATA SUBDIVISION APPLICATION FOR A PREVIOUSLY OCCUPIED BUILDING

Transcription

1 REGONAL DSTRCT of NORTH OKANAGAN PLANNNG DEPARTMENT NFORMATON REPORT STRATA SUBDVSON APPLCATON FOR A PREVOUSLY OCCUPED BULDNG Date: March 20, 2017 Fle No.: OwnerApplcant: CSS-SUB Mark Jones Legal Descrpton: Lot 33, Dstrct Lot 1355, ODYD, Plan P..D.#: Cvc Address: Property Sze: Servcng: Zonng: Proposal: 235 Slver Queen Road 0.06 ha (0.14 acres) Communty Water and Sewer Resdental Sngle Dwellng and Sute (R.4) 2 unt strata converson of a prevously occuped buldng RECOMMENDATON: That a strata subdvson for a prevously occuped buldng be approved under Secton 242 of the Strata Property Act for the property legally descrbed as Lot 33, Dstrct Lot 1355, ODYD, Plan and located at 235 Slver Queen Road, Electoral Area C subject to satsfacton of the followng condtons: 1. Submsson of a strata plan prepared by a BCLS whch demonstrates complance wth the Regonal Dstrct Zonng Bylaw and satsfes the requrements of Secton 244 of the Strata Property Act, ncludng but not lmted to, a clear defnton of the boundares of the strata lots, the area n square metres of each strata lot, setbacks to property lnes, and the provson of a mnmum of 3 parkng stalls wthn the boundares of the subject property; and 2. Approval from Slverhawk Utltes Ltd. n regards to sewer servces; and 3. Approval from RDNO Engneerng n regards to water servces; and 4. Approval from BC Hydro n regards to hydro electrcal servces; and 5. Confrmaton from the Buldng nspector that the strata unts meet the requrements of the B.C. Buldng and Plumbng Code; and 6. The proposed strata subdvson beng n general accordance wth the ste plans and floor plans attached to the Plannng Department Report dated March 20, 2017.

2 Strata Subdvson Applcaton Prevously Occuped Buldng CSS-SUB (Mark Jones) Page 2 BACKGROUND: The applcant s proposng a strata subdvson of a prevously occuped buldng located at 235 Slver Queen Road on Slver Star Mountan. The proposed strata subdvson s wthn an exstng 3 storey buldng constructed n 1992 as a sngle famly dwellng wth a sute. As shown on the attached floor plan, proposed Strata Lot 1 would consst of two bedrooms, one bathroom, a ktchen, and a lvng room. Proposed Strata Lot 2 would consst of three bedrooms, two bathrooms, a ktchen, a dnng room, a lvng room, a utlty room and a storage room. Strata Lot 1 would be 50 m 2 (540 ft 2 ) and Strata Lot 2 would be m 2 (1590 ft 2 ). Ste Context The subject property s located on the southeast sde of Slver Queen Road. The property slopes downward from the road to the rear of the property. A 6 m wde easement for water and waste water nfrastructure and for the purposes of a skbcyclefoot path s regstered across the southeast part of the property contguous wth the rear property lne. Access to the property s ganed from a drveway off of Slver Queen Road, the latter of whch has a rght-of-way wdth of 25 m. Parkng for the exstng sngle famly dwellng and sute s accommodated on the drveway whch s partally located wthn the road rght-of-way and the subject property. The followng ortho (aeral) photo of the subject and surroundng propertes was taken n The approxmate locaton of the front property boundary and the end of the drveway are ndcated for reference. SUBJECT PROPERTY

3 Strata Subdvson Applcaton Prevously Occuped Buldng CSS-SUB (Mark Jones) Page 3 The subject and surroundng resdental propertes are desgnated Resdental Low Densty n the Offcal Communty Plan and are zoned Resdental Sngle Dwellng (R.4). The propertes contan a mx of resdental housng ncludng sngle famly, sngle famly wth a sute, and strata subdvsons of prevously occuped buldngs. An adjacent property to the northeast and two propertes across the road from the subject property are developed wth resdental buldngs dvded nto two strata lots each. Lands to the east are desgnated Commercal and zoned Vllage Commercal. Regonal Dstrct Board Polcy No. LU039 Board Polcy No. LU039 states that buldng strata subdvsons of prevously occuped buldngs requrng Board approval must be revewed by the Regonal Dstrct Fre Preventon Offcer and the Buldng nspector to ensure that the provsons of the applcable fre and buldng codes are met. Where the buldng s located n a water metered area, then one (1) water meter per dwellng unt shall be requred to be nstalled as a condton precedent to subdvson approval. Off-street parkng shall also be requred meetng the requrements of the Zonng Bylaw. Relevant Legslaton Secton 242 of the Strata Property Act states that strata conversons for prevously occuped buldngs wthn a Regonal Dstrct requre the approval of the Board of Drectors. The Board may refuse to approve the plan or approve the strata plan, or approve the strata plan subject to terms and condtons. The Board must not approve the strata plan unless the buldng substantally comples wth the applcable bylaws of the Regonal Dstrct and the B.C. Buldng Code. n makng ts decson, the Board must consder the followng n accordance wth Secton 242(6): a) the prorty of rental accommodaton over prvately owned housng n the area, b) any proposals for the relocaton of persons occupyng a resdental buldng, c) the lfe expectancy of the buldng, d) projected major ncreases n mantenance costs due to the condton of the buldng, and e) any other matters that, n ts opnon, are relevant. Secton 244 states that a strata plan must, among other thngs, show the boundares of the land ncluded n the strata plan, show the boundares and area of the strata lots, be endorsed by a BC Land Surveyor, and must dentfy parkng stalls, garage areas, storage areas and smlar areas or spaces as part of a strata lot or as part of the common property. SLVER STAR ZONNG BYLAW: The subject property s zoned Resdental Sngle Dwellng and Sute (R.4). Uses permtted n the R.4 zone nclude sngle famly dwellngs, sutes, accessory resdental buldngs, home occupatons, short-term rental accommodatons and retanng wall structures. Secton 803 of the Zonng Bylaw requres that 2 parkng spaces be provded for up to 4 sleepng unts (bedrooms) and that an addtonal 0.5 space be provded for each addtonal sleepng unt (bedroom). An addtonal space must be provded for sutes. Parkng spaces may be provded ether end-to-end or sde-to-sde and each space must be no less than 5.8 m long and 2.8 wde. The above noted regulatons would requre two parkng spaces for the 3 bedroom dwellng (proposed Strata Lot 2) and one space for the 2 bedroom sute (proposed Strata Lot 1).

4 Strata Subdvson Applcaton Prevously Occuped Buldng CSS-SUB (Mark Jones) Page 4 The proposal as compared to the regulatons of the R.4 zone s as follows: CRTERA PROPOSAL ZONE REQUREMENTS Lot Area (mn.) 600 m m 2 Buldng Heght (max.) 10.9 m 12.0 m Setbacks (mn.) - Front (Slver Queen Road) 7.83 m 5.0 m - Rear >20.0 m 5.0 m - West Sde 2.17 m 3.0 m - East Sde 1.38 m 3.0 m The subject buldng was constructed n 1992 under the provsons of Zonng Bylaw No The 1992 Buldng Plans ndcate that, at the tme of constructon, the stng of the buldng compled wth the followng setback requrements whch were n effect at the tme: 2 m sde yards, 6 m front yard and 5 m rear yard. The attached ste plan shows that the east sde yard setback of the buldng s currently 1.38 m whch s nconsstent wth both the prevous and current Zonng Bylaw setback requrements and wth the plan approved n the 1992 Buldng Permt. The porton of buldng whch encroaches nto the setback area s a covered walkway that was partally enclosed to form a storage room. The alteraton dd not receve the approval of a Buldng Permt. To comply wth the Zonng Bylaw setback requrements, the storage room wll need to be brought nto complance wth the setback requrements or receve the approval of a Development Varance Permt. SLVER STAR OFFCAL COMMUNTY PLAN: The Slver Star Offcal Communty Plan desgnates the land use of the subject and adjacent propertes as Resdental Low Densty. The followng Resdental Land Polces are applcable to the applcaton: The Regonal Dstrct consders that dwellngs beng used for short term rental accommodaton are consstent wth the objectves of ths Plan. The Regonal Dstrct consders that land desgnated as Resdental s suffcent to meet the housng needs for Slver Star for a perod of at least fve years. To respond to affordable and rental housng needs, the Regonal Dstrct supports the development of sutes as permtted by the Zonng Bylaw. Development Permt Areas: Form & Character, Natural Envronment and Hazardous Condtons The OCP states that all exstng Resdental neghbourhoods and new Resdental development areas wthn the Plan area are consdered part of the ntensve resdental development of the Slver Star communty and are therefore desgnated wthn a Development Permt Area to set condtons respectng the form and character of development. A Development Permt s not requred for ths proposal as no exteror alteratons are contemplated.

5 Strata Subdvson Applcaton Prevously Occuped Buldng CSS-SUB (Mark Jones) Page 5 PLANNNG ANALYSS: The Plannng Department provdes the followng comments n regards to consderaton of Secton 242(6) of the Strata Property Act as outlned above: (a) The OCP does not have polces relatng to the prorty of rental accommodaton over contnuously occuped unts. A shortage of rental accommodaton at Slver Star has not been dentfed as a problem. t s felt that the change n ownershp tenure as a result of the converson to strata ttled unts would not detract from the overall avalablty of rental accommodaton at Slver Star Mountan as the owners may offer one or both of the unts as rental accommodaton. (b) Relocaton of persons occupyng ths resdental buldng would not be requred as the sute s currently not beng rented. (c) The lfe expectancy of the buldng and the current condton of the buldng, constructed n 1992, s consdered good. The property owner reports that pror to purchasng the property n September 2016, the house underwent an nspecton at whch tme t was deemed to be n very good condton and well cared for. (d) Under the Strata Property Act, funds must be allocated on a proportonate bass towards mantenance costs. Agan, snce the dwellng has been mantaned n good condton, staff do not foresee future mantenance costs to be a detrment to the proposal. (e) Matters that would be consdered relevant for ths proposal would nclude complance wth the OCP, Zonng Bylaw, Subdvson Servcng Bylaw and B.C. Buldng Code as lsted n the Board Polcy LU039. The sngle famly dwellng wth sute was constructed under the pror Zonng Bylaw 725, 1986 whereby the R.7 zone allowed 2.0 m sde yard setbacks. The orgnal Buldng Permt plans for the house wth sute ndcate that stng of the buldng was n complance wth the setback regulatons of Zonng Bylaw No Floor plans submtted for the current applcaton to strata ttle a prevously occuped buldng ndcate that, at some pont after the house was ntally bult, a small storage room was added under the covered walkway on the east sde of the basement level. A ste plan prepared by a BCLS ndcates the shortest dstance from the exteror wall of the storage room to the east property lne s 1.38 m. Ths setback s less than the mnmum 3 m sde yard setback permtted under the current Slver Star Zonng Bylaw and less than the mnmum 2 m setback requred under the former Zonng Bylaw. Whle the storage room measures only about 4 m 2 (+40 ft 2 ) ths alteraton would have requred a Buldng Permt and an approved Development Varance Permt to address the sde yard setback encroachment. A DVP has not been approved for reduced setbacks for the storage room setback. Subject to confrmaton by the Buldng nspector, t would appear that removal of the storage room would rectfy the setback encroachment ssue. The buldng comples wth all other setback requrements as well as the heght lmtatons contaned n the current Zonng Bylaw. The applcant reports that, whle off-street parkng spaces are not currently provded wthn the property boundares, there would be adequate area wthn the front porton of the property to construct 3 off-street parkng spaces. The Plannng Department notes that the exstng front retanng wall and ste grade may need to be modfed n order to provde offstreet parkng spaces on-ste. A snow shed desgn plan has not been provded or approved.

6 Strata Subdvson Applcaton Prevously Occuped Buldng CSS-SUB (Mark Jones) Page 6 n accordance wth the Board Polcy, and pror to fnal subdvson plan approval, the Buldng nspector needs to nspect the dwellng to ascertan f the B.C. Buldng Code and Buldng Bylaw requrements have been met. Should a Buldng Permt be requred for nteror renovatons, subdvson plan approval shall be wthheld untl fnal occupancy approval has been granted. The Plannng Department recommends condtonal approval of the proposed strata subdvson based on consderaton of Board Polcy, Strata Property Act matters, and ablty to comply wth relevant Bylaw regulatons. SUMMARY: The subject applcaton request the Board of Drectors approval to create two resdental strata unts wthn a prevously occuped buldng located at 235 Slver Queen Road on Slver Star Mountan. The Plannng Department recommends approval of the proposed strata subdvson subject to satsfyng the condtons of RDNO Bylaws, Buldng Code and servcng requrements. REFERRALS: The applcaton has been referred to the followng for ther revew and comment: 1. Slverhawk Utltes nc. 2. Slver Star Fre Department 3. Forts 4. Canada Post 5. Shaw Cable 6. Mnstry of Transportaton and nfrastructure The Mnstry of Transportaton and nfrastructure commented that, per Strata Property Act, Secton 242(1), the Mnstry s approval s not requred, however, the Mnstry does face challenges wth wnter mantenance along resdental roads at Slver Star Mountan Resort. Vehcles park wthn the road rght of way, makng t dffcult for the mantenance contractor to remove snow and maneuver through the roads. Ths creates unsafe condtons for resdents, the mantenance contractor staff, and pedestrans. The land owner should provde suffcent evdence that there s adequate parkng avalable for the strata wthn the subject property, not wthn the road rght of way. As well, snow storage wthn the road rght of way s not permtted. From the ste plan by Jason Shortt, BCLS, provded n the referral package, t appears that the block wall at the front of the subject property, near the drveway, s wthn 4.5 metres from the (front) property lne. f the block wall s nsde of 4.5 metres from the property lne, the land owner s requred to apply to the Mnstry for a setback permt. 7. BC Hydro BC Hydro requres a blanket statutory rght-of-way (SRW) pror to stratfcaton. The owner wll need to contact BC Hydro to make arrangements for the documentaton. 8. Engneerng Department Comments provded by way of letter dated February 2, 2017 state the followng nformaton s requred for water servce pror to Subdvson Approval: 1) All water supples are subject to RDNO water bylaws, rules and regulatons. 2) f an ncrease n flow rate s requred, please contact ths offce to make arrangements. 3) The RDNO Development Cost Charge (DCC) fee of $ for a Sngle Famly Development wll be credted, DCCs per Condomnum unt = $399.70, $57.10 payable.

7 Strata Subdvson Applcaton - Prevously Occuped Buldng CSS-SUB (Mark Jones) Page 7 9. Buldng nspecton Department A buldng permt w ll be requred to convert ths secondary sute to a duplex. Some of the work nvolved wll nclude the followng: 1. A one hour fre separaton and class 50 or greater sound separaton s requred between the two unts. 2. Each unt w ll requre separate water systems, water meters, and electrcal panels. 3. A snow shed desgn plan prepared by a regstered professonal w ll be requred demonstratng that snow sheddng of the roof w ll not affect the pedestran access and egress to the lower unt. Submtted by: - Planner Endorsed by: Revewed by: Deputy Plannng Manager. Approved for ncluson: - y_ General Manager, Plannng and Buldng U Chef Admnstratve Offcer

8 ELECTORAL AREA "C" SUBDVSON APPLCATON SUBJECT PROPERTY MAP CSS-SUB Fle: OwnerApplcant: Mark Jones Locaton: 235 Slver Queen Road A RO" Subject P, '. '>-.'. ' ;_ -- p rty.,

9 ,.,,. '... l J ' s 2016'. 1101m. o.c:.1. _,,,,==t"-- ''741 'c' 'W JASON t. S S h 0 = rtt FX: rn r: 72Jl.,. S1Jf Pg se F.0. ">.. ru RVEYORS ' ' J2ml SRffT, land l'fffnon. SU BC ' P.,.11::0'.;; 'V--"-4 _ =====- NO 8, :?Ole> PRf.) rog C u: t. OF: 1111::; f'jw S Pj'J.VE;j_ ,

10 + _j, 1 -:l 11 j fropo0 ({A -fa.:l ±.'540,q!.P<W a 11 e, w J :::: )40' s. o 30'-1" New Electrcal Panel New Door@ Exstng Wndow s-ro.s ;.""14 ;;2..,.. n u 1t..1-f'r. V.OCV. S-r114.'1".J Bedroom 2 11 l;rl 10'x8' Q (!') n <!)... s.o. New Door, -t lo ++ Utlty slj. la-' 2.. S.D. Lvng 18' x 12' S.O. b Notes: 0 Walls: add reslent metal channels and 58" gypsum board to one sde of the party walls (BCBC W4d) t2l Celng: remove exstng celng Y wthn the Sute; between josts fll wth nsulaton (processed from rock or slag); add reslent metal 24" oc; provde 58" Type X gypsum board celng (BCBC F10d) (!) Provde smoke alarms n the lvng space and each Bedroom of the Sute.)"fJlJ.f'f{ ;;rf pt. 1Jo' :;. ;, Bedroom 1 9' x 1 ' r4l Separate all servces ncludng Y Water, Hydro, Cable, Gas, etc (51 Provde a separate heatng Y and ventlaton system...;., r : - -. :. "".=. '!,. 5-0" 10 -o 19'. 5 s.e,. e,,j v- "?<0 {)O stj.._ Lo- -:!::- 9f0 Vrc eos U..- < tt Lo t <S f-+- (:z.. OfV"'?, K,.. rea' os (. l'"'' f no..., 110 P- '-u-h ( 1 <f s-t-., J.. b...1 t<»....

11 .JV V. 1 a - o DECK. C> T- l X 4 3X4 3X4 3X4 "'1"!'< M '<' >< M DNNG 1 o -4 x 1 o -o 1 o - 6' KTCHEN 10'-4 x 7'-10 4X3 <:> r :- - 1 O' - B' 750 Sa..,. FT. MA N FLOOR f? PoSet> "5-r"A ) - Lo '"T 2- j UP 15 R 1. ' 7.2' -. s - s... (, ('ll,..' 'MN LVNG ROOM. '<' 1 B'-6 x 13'-2. M BEAM 0 ver ' RECESSED N C:LOOR VESTBULE 5'- 4 x 6'- 0 W - BEAM-O'VER :- - ENTRY 12 -o x 9'- 4 ' (J' G ' ! o 13' '<"

12 "30'- o 3X4 3X4 ""!' >< M BEDROOM. 1 10'-8 x 1 B'-2 BEDROOM # 2 9'-10 x1 1'-8 ""!'. >< M 1 o o - o HALL 8'-0 x 14'-6. l.d ' r-- 4X4 BEDROOM " 3 9'- 10 x 8' =!2: ::3j:ra=4X4=t: 1 o - a (o'1() 'SQ._?T. SECOND FLOOR PoPoSc=;-P 5"'fRA-TA. L.o-r '2-19'- 4'