STAFF REPORT TO COUNCIL

Transcription

1 STAFF REPORT TO COUNCIL DATE: June 10, 2014 TO: Mayor Halko and Council FROM: Nelson Wight, Manager of Planning SUBJECT: DEVELOPMENT VARIANCE PERMIT NO LOT 121 DL 4589 KD PLAN 6786 (441 Engelmann Spruce Drive) PROPOSAL: The applicant, Joe Tress, is requesting a development variance permit to allow for a reduction in the front yard setback requirement to facilitate the construction of an addition. This report provides background on the proposal and recommends proceeding with the application and fulfilling notice requirements. BACKGROUND: 1. Description The property is located on Engelmann Spruce Drive, just south of Juniper Court. Please see the map below for the location as shown in hatched lines. Figure 1: Subject Property Map Report 1-DVP docx Page 1 of 3 11/06/2014

2 2. Site Context The property is zoned R-1, Low Density Residential and has a future land use designation of Residential in the Official Community Plan (OCP). Uses of the surrounding properties are as follows: Direction Zone Activity North R-1 - Low Density Residential Single family dwelling East R-1 - Low Density Residential Single family dwelling and park South R-1 - Low Density Residential Single family dwelling West R-1 - Low Density Residential Single family dwelling 3. Technical Comments i 1) Engineering Department No comments. 2) Building Official No comments. 3) Public Works No comments. 4) Fire Department NOTICE: No comments. Before Council can consider DVP , notice is required to be given to the owners, as shown on the assessment roll as at the date of application for the permit, and to any tenants in occupation, as at the date of the mailing or delivery of the notice, of each parcel, any part of which is the subject of the permit or is within a distance of 60 metres stating: (a) in general terms, the purpose of the Permit; (b) the land or lands that are the subject of the Permit; (c) the place where and the times and dates when copies of the Permit may be inspected; and (d) the date and time that the Mayor and Council propose to consider adoption of a resolution to issue the Permit. If Council is willing to consider the variance at the July 21, 2014 meeting, notices must be mailed or otherwise delivered to owners and tenants within 60 m of the subject property by July 10, Information packages will be available on our website and at the Main Office as outlined in the attached draft notice. Council has the opportunity to reject this application now before Staff sends notices to the surrounding owners and tenants. Rejecting the application now will also permit half of the $750 application fee to be returned to the applicant. Report 1-DVP docx Page 2 of 3 11/06/2014

3 DISCUSSION: Minimum front yard setback requirements are generally required to provide continuity to development through the establishment of a uniform street plane. In low-density residential areas, this setback area also provides separation from the activities within the street. Staff has no concerns with the proposed addition, given that the bulk of the home maintains the established street plane, is well designed and will improve the exterior appearance of the home. In relation to Crime Prevention Through Environmental Design (CPTED) principles, front porches are also encouraged, because they allow for more interaction between neighbours and increased casual surveillance. The current front yard setbacks for residential zones in the current Zoning Bylaw are very generous when compared to other communities in the province. Consequently, this is one area of the Bylaw that has been flagged for consideration when Staff addresses a comprehensive review of the Zoning Bylaw. This project is to be commenced following completion of the OCP update. RECOMMENDATIONS: RESOLVED that Council authorize notices to be sent to the owners, as shown on the assessment roll as of the date of application for the permit, and to any tenants in occupation, as of the date of the mailing or delivery of the notice, of each parcel, any part of which is the subject of the permit or is within a distance of 60 metres stating that at the Regular Meeting on July 21, 2014 Council will consider Development Variance Permit to: a. Vary Section B.(i) of Zoning Bylaw No. 264, 1981 to reduce the minimum front yard from 7.62 m (25 ) to 5.79 m (19 ), a difference of 1.83 m (6 ) for LOT 121 DL 4589 KD PLAN 6786 (441 Engelmann Spruce Drive), to allow for construction of a front porch addition as outlined in the application. OPTIONS: Council is at liberty to refuse the Variance if they chose to do so. Respectfully submitted, Nelson Wight Digitally signed by Nelson Wight DN: cn=nelson Wight, o=district of Sparwood, ou=planning, =nwight@sparwood.ca, c=ca Date: :37:27-06'00' Nelson Wight Manager of Planning CAO s Initials/Comments: NW/jgw Attached to this report: Draft DVP Draft Notice Notice Delivery Map ii Additional technical comments may be forthcoming, but were unavailable at the time this report was prepared. Report 1-DVP docx Page 3 of 3 11/06/2014

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6 Development Variance Permit: **Draft** SECTION 1 PROPONENT Full Legal Name: Joe Tress Mailing Address: Box 1414 Company Name (if applicable): City: Province: Sparwood BC Postal Code: V0B 2G0 SECTION 2 PROPERTY DESCRIPTION Civic Address: 441 Engelmann Spruce Drive Parcel Identifier: Lot: District Lot: Plan: Block: Folio: KD PLAN Schedule Attached: YES NO Notes: Zone: R-1 Low Density Residential SECTION 3 PURPOSE OF PERMIT Residential Commercial Industrial Other: Description of Variance (general terms): The applicant is requesting a development variance permit to allow for a reduction in the front yard requirement to facilitate the construction of a covered front porch. SECTION 4 VARIANCE Section B.(i) in Bylaw No. 264 is reduced hereby varied as follows: Minimum front yard is reduced from 7.62 m (25 ) to 5.79 m (19 ), a difference of 1.83 m (6 ) Section in Bylaw No. is reduced hereby varied as follows: Section in Bylaw No. is reduced hereby varied as follows: Section in Bylaw No. is reduced hereby varied as follows: Box Spruce Avenue, Sparwood BC V0B 2G0 Ph:

7 Development Variance Permit Page 2 of 2 SECTION 5 TERMS AND CONDITIONS Permit Specific Conditions: n/a Expiration Date: This permit laspses within two (2) years following the date of issuance, if the holder of the permit does not substantially commence construction with respect to which the permit was issued. General Conditions: This Development Variance Permit is issued subject to compliance with all Bylaws of the Municipality applicable thereto, except as specifically varied by this Permit. This permit shall not have the effect of varying the use or density. Notice of this permit shall be filed in the Land Title Office at Kamloops, B.C. under Section 922(1) of the Local Government Act, and upon such filing, the terms of this permit or any amendment hereto shall be binding upon all persons who acquire an interest in the land affected by this permit. The application along with any siting, fencing, landscaping plans, exhibits, photographs, samples and written material submitted form a part of this permit. This permit applies only to those lands within the Municipality, and any and all buildings, structures and other development thereon, described in Section 2 of this permit. This permit prevails over the provisions of the Bylaw in the event of conflict. This permit is not a building permit; the applicant must apply separately for a building permit, sign permit, or other authorizations as required under the Bylaws of the District of Sparwood or other enactments. SECTION 6 AUTHORIZATION Date of Authorizing Resolution Passed By Council: Mayor Director of Corporate Services Application Fee Paid $ Receipt: NOTES: Property File Number: n/a Permit Number: 156 Spruce Avenue, Box 520 Sparwood BC V0B 2G0 Ph:

8 PUBLIC NOTICE Council for the District of Sparwood will, at the Regular Meeting at 7:00 p.m. on July 21, 2014, consider a resolution issuing a Development Variance Permit on LOT 121 DL 4589 KD PLAN 6786 (441 Engelmann Spruce Drive), to allow for a reduction in the front yard requirement to facilitate the construction of a covered front porch as detailed in the application, that would vary: a. Vary Section B.(i) of Zoning Bylaw No. 264, 1981 to reduce the minimum front yard from 7.62 m (25 ) to 5.79 m (19 ), a difference of 1.83 m (6 ). Applicant: Joe Tress Address: Box Box 1414 Sparwood, BC V0B 2G0 All persons who believe that their interest is affected by the proposed variance shall be afforded a reasonable opportunity to be heard in person, by a representative, or by written submission on the matters contained within DVP at the Regular Council Meeting. Written submissions may be sent to the District of Sparwood, Box 520, Sparwood, BC V0B 2G0. Electronic submissions by should be sent to sparwood@sparwood.ca. Please note that due to potential issues, all submissions sent by should be confirmed by phone at the number listed below. These submissions must be received by no later than 4:00 p.m. on July 21, 2014 in order to ensure their availability to Council at the Regular Meeting. All submissions must include your name and street address and are considered public information, pursuant to the Freedom of Information and Protection of Privacy Act. The above Variance and related staff reports and background information may be inspected online at or at the Municipal Office, 136 Spruce Avenue, Sparwood, B.C., during regular office hours of 8:30 a.m. - 4:00 p.m. local time, Monday to Friday, with the exception of those days that the office is closed for the holidays. Additional information may be obtained by contacting the Planning Department at 136 Spruce Avenue or (250) Nelson Wight, Manager of Planning Dated this 10 th day of June, 2014 DVP Notice.docx 6/10/2014 Page 1 of 2

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