CULTUS LAKE PARK BOARD AGENDA

Transcription

1 CULTUS LAKE PARK BOARD AGENDA SPECIAL MEETING WEDNESDAY, AUGUST 28, 2013 PARK OFFICE BOARDROOM 4:30 P.M. (1) CALL TO ORDER (2) NEW BUSINESS (a) Development Variance Permit Lakeshore Drive (i) Introductory Remarks by the Chair (ii) Report from Building Inspector (iii) Correspondence (iv) Comments from Applicant (v) Public Input (vi) Closure THAT, subject to public input, Development Variance Permit for LR218W be denied. (3) ADJOURNMENT THAT the meeting be closed to the public, except for the Chief Administrative Officer and Corporate Clerk to consider matters pursuant to Sections 90(1) (l) labour relations or other employee relations; of the Community Charter. Ronald W. Campbell, CAO

2 REPORT/RECOMMENDATION TO BOARD DATE: AUGUST 23, 2013 FILE: DVP SUBMITTED BY: JESSE MILLER BUILDING INSPECTOR / BYLAW ENFORCEMENT OFFICER SUBJECT: DEVELOPMENT VARIANCE PERMIT LAKESHORE DRIVE PURPOSE: To review the Development Variance Permit Application for property described as Lease Lot 218W within Fractional Legal Subdivision 25, Township 22, New Westminster District located at 218 Lakeshore Drive, Cultus Lake BC V2R 5A1. RECOMMENDATION: THAT the Board denies the application for Development Variance Permit to vary multiple requirements within the R4 Hillside Residential Area established in the Cultus Lake Park Specified Area By-Law 1994 for a proposed single family dwelling. ALTERNATIVES & IMPLICATIONS: None ANALYSIS: A. Rationale: The R4 Hillside Residential Area (R4 zone) is a zone enacted by the Cultus Lake Park Board (the Board) under the Parks zoning bylaw (Specified Area By- Law 1994) (bylaw). Although the language and terminology in the bylaw is indigent the intent of the bylaw and the R4 zone is to regulate: a) the use of land, buildings and other structures, b) the density of the use of land, buildings, and other structures, c) the siting, size and dimensions of i. Buildings and other structures, and ii. Uses that are permitted on the land, and d) The location of uses on the land and within building and other structures.

3 2 This bylaw is established under the authority of the Cultus Lake Park Act (Park Act) very similar to a zoning bylaw being established by a municipality under authority of the Local Government Act (LGA). The Park has undertaken many initiatives to operate as a municipality and has utilized the LGA to be a tool for setting policies and procedure wherever possible. Under this direction and permitted under Section 920 of the LGA, a local government may, by resolution, issue a development permit that varies or supplements the bylaw in so far as the development permit does not vary the use or density of the land permitted in the bylaw. This is similar to the restrictions that are placed on an appointed Board of Variance (to relieve hardship). Where a hardship exists, a Board of Variance may permit minor variances only, where the following the evaluations have been considered: a) hearing from the applicant and persons notified, b) finds that undue hardship would be caused to the applicant if the bylaw is complied with, and c) is of the opinion that the variance or exemption does not i. result in inappropriate development of the site, ii. adversely affect the natural environment, iii. substantially affect the use and enjoyment of adjacent land, iv. vary permitted uses and densities under the bylaw, or v. defeat the intent of the bylaw. The applicant has applied to vary the following: 1. Clause 7.4(5)(a) of the Specified Area By-Law 1994 and vary the maximum permitted 2 stories to allow for a proposed 4 storey single family dwelling; 2. Subclause 7.4(6)(1)(i) of the Specified Area By-Law 1994 to increase the maximum permitted storey height from 2.7m ( 9-0 ) 45% to 3.98m (13-3/4 ) for the proposed first storey; 3. Subclause 7.4(6)(1)(i) of the Specified Area By-Law 1994 to increase the maximum permitted storey height from 2.7m (9-0 ) 56% to 4.27m (14-0 ) for a portion of the proposed second storey, and 12% to 3.07m (10-3/4 ) for the remaining portion of the proposed second storey; 4. Subclause 7.4(6)(1)(i) of the Specified Area By-Law 1994 to increase the maximum permitted storey height from 2.7m (9-0 ) 12% to 3.07m (10-3/4 ) for the proposed third storey; 5. Subclause 7.4(6)(1)(i) of the Specified Area By-Law 1994 to increase the maximum permitted storey height from 2.7m (9-0 ) 78% to 4.90m (16-3/4 ) for the proposed fourth storey; 6. Clause 7.4(6)(1) of the Specified Area By-Law 1994 to increase the maximum permitted building height from 7.62m (25-0 ) 59% to 12.11m (39-9 ); 7. Clause 7.4(4)(a) of the Specified Area By-Law 1994 to reduce the minimum Rear Lot Line setback distance from 1.83m (6-0 ) 57% to 0.76m (2-6 ) for a swimming pool type structure more than 0.3m above grade;

4 3 8. Clause 7.4(4)(a) of the Specified Area By-Law 1994 to reduce the Front Lot Line setback distance from 3.05m (10-0 ) 63% to 1.14m (3-8 11/16 ) for a roof to enclose a balcony below; and 9. Clause 7.4(7)(a) of the Specified Area By-Law 1994 to reduce the Front Lot Line setback distance from 1.52m (5-0 ) 26% to 0.99m (3-8 11/16 ) for the fourth storey balcony. The application disregards the Board s regulations and is inappropriate development of the site. It is inconsistent with the intent of the bylaw and would be in violation of Development Variance Permits issued under the LGA and Subsection 4.3(3): A Development Variance Permit issued under Section 4.4(1) [4.3(1)] shall not vary the use or density from that specified in the By-Law. Further to this, the Strategic Planning Session of March 14, 2012 has this Board identifying their preferred vision of the future. This vision identifies the need of an Official Community Plan (OCP) to guide the planning and development of the Lake, a well-informed public, and preservation of the natural beauty, which is being developed. Staff would normally recommend to the applicant a rezoning of the property through proper public consultation to increase the building density. However without a proper OCP in place to guide this process, staff does not recommend this be sought until the OCP currently in development is adopted. B. Attachments: Schedule A Site Plan, Cross Section and Elevation drawings C. Strategic Plan Objectives: See Rational D. Policy (Existing/Relevance/None): N/A E. For OPP Amendments only Consider effect on Financial Plan/Waste Management Plan N/A F. Relevant History: N/A

5 G. Committee/Commission/Board Recommendations: N/A H. Resources: Specified Area By-Law 1994 Park Plan 1997 Local Government Act [RSBC 1996] Chapter 323 Strategic Planning Session March 14, 2012 I. Budget Implications N/A 4 Prepared by: Jesse Miller Approved for submission to Board: Building Inspector APPROVALS Park Administrator BOARD AGENDA INFORMATION: Supervisor Regular Date: Item # Dept Manager In Camera Date: Item # General Manager Information Item Date: Item # Agenda Addenda Date: Item # NOTE: Administrator's comments will be provided if required as an addendum to the report.

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