R-5 PEACE RIVER REGIONAL DISTRICT DEVELOPMENT SERVICES DEVELOPMENT VARIANCE PERMIT REPORT DVP NO

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1 [All Directors - Corporate Unweighted] PEACE RIVER REGIONAL DISTRICT DEVELOPMENT SERVICES DEVELOPMENT VARIANCE PERMIT REPORT DVP NO OWNER Dean Velkjar DATE: November 14, 2016 AREA: Electoral Area C LEGAL: Lot 3 Block 7 Sec 7 TP 84 R 18 W6M Peace River PL 8871 LOT SIZE: 0.29 ha (0.73 acres) LOCATION: Fish Creek (near the East Bypass) PROPOSAL To reduce the northern exterior parcel line setback from 5.0m (17 ft) to 1.5m (5 ft) to allow for the development of a detached garage. RECOMMENDATION: OPTION 2 THAT the Regional Board refuse the issuance of DVP No. 160/2016 as it is contrary to the zoning bylaw and encroaches on the road right of way. OPTIONS OPTION 1: THAT the Regional Board pass a resolution to issue Development Variance Permit (DVP) No. 160/2016 for the reduction of the exterior parcel line setback from 5.0m (17.0 ft) to 1.5m (5 ft) on the basis that a similar Board of Variance was issued for this property in 1991 for the interior side parcel line setback. OPTION 2: THAT the Regional Board refuse the issuance of DVP No. 160/2016 as it is contrary to the zoning bylaw and encroaches the road right of way. LAND USE POLICIES AND REGULATIONS OFFICIAL COMMUNITY PLAN (OCP): HDR (High Density Rural Residential) pursuant to North Peace Fringe Area OCP By-law No. 1870, 2009 ZONING: R-3 (Residential 3 Zone) pursuant to Bylaw No. 1343, 2001 AGRICULTURAL LAND RESERVE (ALR): BUILDING PERMIT AREA: SITE CONTEXT Outside Within The subject property is located north-east of the City of Fort St. John, near Fish Creek Park on 91 st Street. The subject property is not within the ALR and is surrounded by residential lots to the north, west and south and agricultural to the east. The exterior (northern) side parcel line borders an undeveloped road right of way. Page 1 of 7 Printed on: 15-Nov-16 1:12:38 PM Department Head CAO Report prepared by: Ashley Murphey, North Peace Land Use Planner

2 File No. 160/2016 SITE FEATURES LAND: STRUCTURES: ACCESS: SOIL RATING: FIRE: From aerial photos, the property is treed along the rear parcel line and the exterior parcel line where the attached garage is proposed to be constructed. According to the applicant there is one dwelling, an unattached garage, one greenhouse, 3 storage sheds, a chicken coop, an outdoor sauna and one log gazebo on the property. From aerial photos, there are multiple structures on the subject property including the existing dwelling and detached garage. 91 st Street. The subject property has a CLI soil rating of 2c. Class 2 soils have moderate limitations that restrict the range of crops or require moderate conservation practices. A subclass of c denotes soils for which adverse climate limits agricultural use. Within the Fort St. John Rural Fire Protection Area COMMENTS AND OBSERVATIONS APPLICANT: ALR: OCP: ZONING: The applicant is requesting a reduction for the exterior side parcel line setback from 5.0m to 1.5m to allow for the development of an attached garage. The subject property is not within the ALR. The OCP does not address setbacks. The subject property is zoned R-3 (Residential 3 Zone) within Peace River Regional District Zoning Bylaw No. 1343, The setbacks for this zone is 5.0 metres from the exterior side parcel line therefore, a DVP is required. FILE HISTORY On October 25, 2991 a Board of Variance was granted to the previous owner of this lot to change the interior side parcel line setback from 3.0 metres to 0.87 and 0.90 metres to bring the existing detached garage into compliance. IMPACT ANALYSIS CONTEXT: Reducing the exterior side parcel line from 5.0m to 1.5m could potentially impact the existing road right of way. Several neighbouring properties have driveways and/or garages that encroach on the existing road and/or land right of ways in the neighbourhood (see attached aerial photos). There was a previous variance issued for the interior side parcel line on this property in 1991 bringing the detached garage into compliance. The proposed setback reduction is not likely to be noticeable unless the road right of way is developed. AGRICULTURE: POPULATION: TRAFFIC: N/A N/A The proposed exterior side parcel line reduction could potentially have an impact on traffic as it borders a road right of way. Page 2 of 7

3 COMMENTS RECEIVED FROM MUNICIPALITIES City of Fort St. John District of Taylor City of Dawson Creek District of Hudson s Hope District of Chetwynd Village of Pouce Coupe Fort St. John Rural Fire Department Northern Health Ministry of Transportation NOTIFICATION Interests unaffected. Interests unaffected. Interests unaffected. No response received. No response received. No response received. File No. 160/2016 The Fort St John Fire Department has concerns with reducing the setbacks from 5.0m to 1.5m. The smaller setback is typical in a municipal setting where the fire department has access to a reliable source of water for fire protection (fire hydrants). The smaller setback increases the risk of the fire spreading to a neighbouring property and the lack of an adequate water supply for fighting fires increases the potential for greater fire losses. No response received. Structure: setback permit require. See attached letter dated November 10, Pursuant to Section 499 of the Local Government Act notification was mailed to nearby landowners on November 14, No written comments have been received as of the date of this report. Page 3 of 7

4 File No. 160/2016 DVP REPORT-VELKJAR MAPS FILE NO. 160/2016 North Peace Fringe Area OCP Bylaw No. 1870, 2009 (Schedule B, Map 4) Subject Property Peace River Regional District Zoning Bylaw No. 1343, 2001 (Map 9) Subject Property Page 4 of 7

5 File No. 160/2016 DVP REPORT - VELKJAR MAPS FILE NO. 160/2016 Agricultural Land Reserve Subject Property CLI-Soil Classification Subject Property Page 5 of 7

6 File No. 160/2016 DVP REPORT VELKJAR MAPS FILE NO. 160/2016 Air Photo Subject Property Taylor Fire Protection Area Subject Property Page 6 of 7

7 File No. 160/2016 DVP REPORT - VELKJAR MAPS FILE NO. 160/2016 Photo of subject property and neighboring properties encroaching into setbacks. Subject Property Page 7 of 7

8 Bylaw No. 2165, 2016 Schedule A Application for Development PEACE RIVER REGIONAL DISTRICT DAWSON CREEK 1981 Alaska Avenue (Box 810), Dawson Creek, BC FORT ST. JOHN TH Avenue, Fort St. John, BC V1J 4N4 [Toll Free: ] Application for Development (T) (F) (T) (F) TYPE OF APPLICATION FEE Official Community Plan Bylaw Amendment $ 1, [] Zoning Bylaw Amendment Official Community Plan / Zoning Bylaw Amendment combined 1, Temporary Use Permit [] Development Permit [i..joevelopment Variance Permit Sign requirement In regard to applications for: i) an official community plan and/or zoning bylaw amendment; ii) temporary use permit; Receipt # Sign provided by the PRRD and sign posted pursuant to Section 8 of Bylaw No. 2165, 2016, attached. 2. PLEASE PRINT Property Owner s Name The/ 2)ets4 Address of Owner /217S- CityfTownNillage f;k+ Postal Code VEzkAR * SI-rec, 5*J/v, C. y_ Telephone Number: Fax Number: Zc LlM(, (-7 / 3. PROPERTY DESCRIPTION Full legal description of each property under application Authorized Agent of Owner (if apphcable) Address of Agent CitylTown/Village Postal Code Telephone Number Fax Number: Lo, 3:iJ/k7:/)fa, 7 J / Area of each lot O.75 ha haiacres hajacres TOTAL AREA C S ha4 Notice of collection of personal information: Personal information on this form is collectedfor the purpose of processing this application. The personal information is collected under the authority of the Local Government Act and the bylaws of the PRRD. Documentation/Information submitted in support of this application can be made available for public inspection pursuant to the Freedom of Information and Protection of Privacy Act.

9 Bylaw No. 2165, 2016 Schedule A Application for Development 4. Civic Address or location of property: / 2 I 7 5 / &free, Fr sr 5. PARTICULARS OF PROPOSED AMENDMENT Please check the box(es) that apply to your proposal: Official Community Plan (OCP) Bylaw amendment: Existing OCP designation: Proposed OCP designation: Text amendment: Zoning Bylaw amendment: Existing zone: Proposed zone: Text amendment: [.(evelopment Variance Permit describe proposed variance request: 6 1o reduce I1dr4,rtp rj /Tiir e+bocl< V4lt/i4W)1 17 k S(C,)G(k e iid f. Temporary Use Permit describe proposed use: ikae4 e.-c /)o,be [] Development Permit: Bylaw No. Section No. 6. Describe the existing use and buildings on the subject property: Re,dt,W V. I fj if 4ue/It/y I L/fa/1.1.d1 e( /?/&ri h&s: 5ke4: / ci4 p1p..: I c- Sav,.. I /o caze/ Describe the existing land use and buildings on all lots adjacent to and surrounding the subject property: (a) North Rr O11A.j a,c( 5ecY/itce. (21 $L4C caevebp45 6rr (b) East?I Sf te- - (c) South 3c) Lasie M*EEZ1 7CS 0 5 -(fce vf fr*d or (d)west /&1ec-e P 8. Describe the proposed development of the subject property. Attach a separate sheet if necessary: 7Z / A i a4o( I4 i v./ue r 7.4r ju(f cd cw4s,¼rfrf ufi)fjy - reuires J,T o h /7 cei,ack Li p/c.e 7 n4re /2rIp.Pr1-j /Is le; 4cfc4lL 4 ryise 9. Reasons and comments in support of the application. Attach a separate sheet if necessary: eder$,%,4re a-,/7fda/ d,c r9v(mf-,2/aii5 7S f$i/io%. ot. 74e nôrie y. 7e teiyh4orao4( is aeip/y t6ji - 2 c cfr - i 6e /k 1resrAd I?) 4r-L&- 1S 4 pnv 4jziç 4te1\ $ 4 d it e17h e ir efce 4 1 rye ftte. 2 7il%.by C/IOLø.J V4fThr- 1 C 5dc/c /k., Ce A/, /ef &r, r,, /?/a(e /a,.a ô, 4./1- pip r/y J >ie hrth ethb)151% fe/2fci - r

10 Bylaw No. 2165, 2016 Schedule A Application for Development 10. Describe the means of sewage disposal for the development: ie i / ih>- IIc/rLld/r 4( A& 47L 0LJ / - II. Describe the means of water supply for the development: c/(-r,1 ir AIcd i THE FOLLOWING INFORMATION IS REQUIRED. FAILURE TO PROVIDE MAY DELAY YOUR APPLICATION. 12. Proof of ownership of the subject property or properties. (For example: Certificate of State of Title, BC Land Title Office Property Title Search or recent Property Tax Notice.) 13. A Sketch Plan of the subject property or properties, showing: (a) the legal boundaries and dimensions of the subject property; (b) boundaries, dimensions and area of any proposed lots (if subdivision is being proposed); (c) the location of existing buildings and structures on the subject property, with distances to property lines; (d) the location of any proposed buildings, structures, or additions thereto, with distances to property lines; (e) the location of any existing sewage disposal systems; (f) the location of any existing or proposed water source. ADDITIONAL OR MORE DETAILED INFORMATION MAY BE REQUESTED BY THE PEACE RIVER REGIONAL DISTRICT FOLLOWING REVIEW OF YOUR APPLICATION. If it is necessary for the property boundaries and the location of buildings and structures to be more accurately defined, a plan prepared by a British Columbia Land Surveyor may be required. 3

11 Bylaw No. 2165, 2016 Schedule A Application for Development 15. I/We the undersigned hereby declare that the information provided in this application is complete and is, to the best of my / our knowledge, a true statement of the facts related tothisap tion. /y Signature of Owner / Date simned ji Signature of Owner / Date signed 7/ o/ / ii/i 16. AGENT S AUTHORIZATION If you have an agent act on your behalf in submission of this application, the following authorization MUST be signed byj property owners. I/We and hereby authorize (name) to act on my/our behalf regarding this application. Agent address: Telephone: Fax: Signature of Owner: Signature of Owner: Date: Date: 4

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13 Our file: Your file: 160/2016 Date: November 10, 2016 Peace River Regional District PO Box Alaska Avenue Dawson Creek, BC V1G 4H8 Attention: Ashley Murphy, North Peace Planner The Ministry of Transportation and Infrastructure (MoTI) has received and reviewed your referral dated October 24, 2016 to reduce the exterior side parcel line setback along the north side of the subject property from 5.0 metres (17.0 feet) to 1.5 metres (5.0 feet) to facilitate the development of an attached garage for L 3 BK 7 SEC 7 TP 84 R 18 W6M PEACE RIVER PL The Ministry has no objections to the proposal; however the Ministry has the following recommendations: The Ministry has a specified minimum setback of 4.5 metres for any building, mobile home, or other structure from all highway right of way under Ministry jurisdiction. The Ministry is requesting that the applicant apply for a Structure: setback permit for relief from the minimum setback requirement, as the attached garage will be within the setback distance. The permit can be applied for online with the following weblink: Thank you for the opportunity to comment. If you or the applicant has any questions, please contact me at (250) or by at Bryce.Pirozzini@gov.bc.ca. Sincerely, Bryce Pirozzini District Development Technician Ministry of Transportation and Infrastructure Peace District Mailing Address: District Office Address: #300, th Avenue Fort St John, BC V1J 6M7 Telephone: (250) Facsimile: (250) Area Office Locations: Ave, 3rd floor Dawson Creek, BC Street Chetwynd, BC V0C 1J0

14 PEACE RIVER REGIONAL DISTRICT DEVELOPMENT VARIANCE PERMIT NO DVP ISSUED TO: Dean & Therese Velkjar st Street Fort St. John, BC V1J 4M6 1. Property affected: Lot 3 Block 7 Section 7 Township 84 Plan PGP Official Community Plan: High Density Rural Residential pursuant to North Peace Fringe Area OCP By-law No. 1870, Zoning By-law: R-3 (Residential 3 Zone) pursuant to Bylaw No. 1343, This Development Variance Permit is issued subject to compliance with all of the by-laws of the Regional District applicable thereto, except as specifically varied or supplemented by this Permit. The provisions of this Development Variance Permit shall prevail over any other provisions of the by-laws in the event of a conflict. 5. This Development Variance Permit allows for the following variance of the front parcel line setback: To reduce the front parcel line setback from 5.0 metres to 1.5 metres. The reduction in setback minimums is allowed only for the attached garage as shown in the attached. 6. The land described herein, shall be developed strictly in accordance with the terms, conditions and provisions of this permit and any plans and specifications attached to this Permit which shall form a part thereof. 7. This Permit is NOT a building permit. ISSUED THIS day of, Authorizing Resolution No. passed by the Regional Board this day of, Chris Cvik, Chief Administrative Officer

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