DISTRICT OF LAKE COUNTRY

Transcription

1 DISTRICT OF LAKE COUNTRY REPORT TO COUNCIL MEETING TYPE AND DATE: REGULAR MEETING JUNE 4, 2013 FROM: CARIE LIEFKE, PLANNER, PLANNING & DEVELOPMENT DEPARTMENT SUBJECT: SIDE YARD SETBACK VARIANCE AT OKANAGAN CENTRE ROAD WEST FILE #: DVP ISSUE(S)/PURPOSE: To inform Council of a side yard setback infraction that has mistakenly occurred and to request a relaxation to the setback requirements through a variance permit. RECOMMENDATION(S): THAT Development Variance Permit DVP be approved [attached as Attachment D to the Report from Planning and Development dated June 4, 2013], thereby varying Zoning Bylaw 561, 2007 as follows: Section FROM: unenclosed steps, eaves, awnings, decks, canopies, balconies, or porches may project into a required yard provided such projections do not exceed 0.6m. TO: unenclosed steps, awnings, decks, canopies, balconies, or porches may project into a required yard provided such projections do not exceed 0.6m and eaves may project into the required side yards provided such projections do not exceed 0.92m as shown on Schedule A. EXECUTIVE SUMMARY: A Builder and Plan Check oversight occurred during the initial construction stages of this development. The roof overhangs (eaves) extend 0.92m into the required 2.0m side yard setbacks. As per Section of Zoning Bylaw 561, 2007, the roof overhang should only extend 0.6m into the setback. The applicant has requested that a variance be granted to allow the house to remain as constructed. While it is possible to reduce the roof overhang to 0.6m, the owner would incur additional expenses to have this oversight corrected; the design and character of the house would also be negatively affected. Staff recommend that this variance request be granted as there are no substantial impacts to the community.

2 2 Application Type Development Variance Permit File Number: DVP Folio: Proponent: Cloud 9 Design Build Inc. Dietmar Depenau Owner(s): PETER PALMA PROFESSION Legal Description: Parcel C (KR41452) Block K Sec 17 Twp 20 ODYD Plan 454 PID Civic Address: OKANAGAN CENTRE RD WEST OCP Designation: Urban Residential Zoning Designation: RU1 Single Family Housing ALR: N/A Parcel Size: m 2 (0.12 Acres) DP Area(s): Erosion; GHG/Resource Conservation ; Natural Environment; Site Summary: Zoning: Use: North: RU1 Single Family Housing Residential East: RR3 Rural Residential 3 Vacant South: RU1 Single Family Housing Residential West: W1 Recreational Water Use Okanagan Centre Road; Okanagan Lake

3 3 BACKGROUND/HISTORY: The applicant is requesting a side yard setback variance for the roof overhang. Construction of the roof overhang into the side yard setback was an oversight. The oversight was regrettably not caught at the Plan Checking Stage or at the framing inspection by the builder or District staff. Unfortunately, construction is now past the stage of being able to trim the overhang back without substantial cost. The requested variance is to vary Zoning Bylaw 561 Section 7.4.2: FROM: unenclosed steps, eaves, awnings, decks, canopies, balconies, or porches may project into a required yard provided such projections do not exceed 0.6m. TO: unenclosed steps, awnings, decks, canopies, balconies, or porches may project into a required yard provided such projections do not exceed 0.6m and eaves may project into the required side yards provided such projections do not exceed 0.92m as shown on Schedule A of the permit. This variance would allow the roof overhang to be 1.08m from the property line (rather than 1.4m). DISCUSSION/ANALYSIS: Site Description: The property is 485.6m2 and slopes slightly to the west towards Okanagan Lake. The property has road frontage on two streets (Maddock Ave and Okanagan Centre Rd West). The site was previously undeveloped; a house is now being constructed on the property. Current Development Potential: As the property is zoned RU1 Single Family Housing, the current development (house construction) will fulfill the development potential of the site. APPLICABLE POLICIES AND LEGISLATION: Local Government Act Section 922 allows a Development Variance Permit to be issued that would vary the provisions of a bylaw under Part 26 Division 7 [Zoning and Other Development Regulations] provided that use or density of land is not varied, a flood plain specification is not varied, or a phased development agreement is not varied.

4 Official Community Plan: Goals Maintain Okanagan Centre as a residential community with natural and visual amenities. Objectives Maintain and improve the residential quality of the neighbourhood. Zoning Bylaw: The property is zoned RU1 Single Family Housing (Section 15.1). For the development of the house being constructed on this property, the bylaw requires a 2.0m side yard setback. The side yard setback is measured from the side lot line to the nearest wall or supporting member of a building or structure. Section states that: unenclosed steps, eaves, awnings, decks, canopies, balconies, or porches may project into a required yard provided such projections do not exceed 0.6m. Section would need to be varied to allow the building to remain as currently constructed (i.e. with the eaves projecting into the side yard 0.92m rather than 0.6m). INTERDEPARTMENTAL IMPLICATIONS: Building Division: The Building Department does not have objections to the development remaining with the minor variance. The variance is that the roof extends 914mm (3 feet) instead of the allowed 600mm (1.97 feet) into the side yard setback. The infraction is at the roof level only and not at the foundation line. This will not affect the requirements of the BC Building Code for fire separation of the building. This minor infraction was caught after construction had started as the requirement was not caught at the Plan Checking Stage. Removing this section of the roof is possible but could prove a hardship to complete successfully and would affect the building designed heritage look. Fire/Emergency Services Department: The Fire Department does not have any concerns with this application. COMMUNITY IMPLICATIONS: It is not anticipated that this application will affect the community at large. As the building (foundation, walls, etc) is setback 2.03m from the side property lines (bylaw requirement is 2.0m) it is likely that the impact to the neighbours will be minimal. However, the neighbours may have a slight impact as the roof overhang is closer to the property line (roof overhang is 0.33m [1.08 feet] closer to the property line than what is permitted by the bylaw). ENVIRONMENTAL IMPLICATIONS: It is not anticipated that there will be any environmental impacts as a result of this application. ADHERENCE TO STRATEGIC OBJECTIVES: This application does not affect the District Strategic Priorities. COST, BUDGET CONSIDERATIONS AND FINANCIAL IMPLICATIONS: It is not anticipated that this application will affect District financial considerations. IMPACT ON STAFF CAPACITY AND WORKLOAD: If approved, this application will not affect District staff capacity or workload. If this variance request is denied, staff workload may be affected while trying to have the applicant comply with the bylaw requirements. OPTIONAL RECOMMENDATIONS/ALTERNATIVES: THAT DVP which proposes to vary Section of Zoning Bylaw 561 NOT be approved. 4

5 5 SUMMARY/CONCLUSION: The eaves of the house were built according to the construction drawings, but not in accordance with the Zoning Bylaw; this bylaw infraction was unfortunately not caught at the Plan Check stage. The applicant has requested a variance to the bylaw to allow the roof overhangs to remain as constructed. While possible to reduce the roof overhangs (by approximately 1 foot/0.32m), the character of the house would be negatively altered and the owner would incur an additional expense. Staff have reviewed the matter; it is believed that the neighbours and community will not be substantially affected. It is recommended that the application be approved. Respectfully Submitted, Carie Liefke Planner Planning and Development This report has been prepared in consultation with the following listed departments: CONCURRENCES Department CAO Director of Planning and Development ATTACHMENTS: Attachment A Current Site Plan Attachment B Surveyors Site Improvement Survey Attachment C Zoning Analysis Attachment D DVP Permit Name Alberto De Feo Mark Koch

6 6 Attachment A Current Site Plan

7 Attachment B Surveyors Site Improvement Survey 7 This Survey shows the foundation. It does not shown the roof overhangs. The foundation is 2.03m from the side property lines; the roof overhang is 1.1m from the side property lines. The roof overhang projects into the side yard 0.9m; the bylaw permits a 0.6m projection.

8 8 Criteria: Zoning: Proposal: Minimum Lot Area (m 2 ) Lot Width (m) Lot Depth (m) Front Yard Setback (m) 4.5, but 6.0 to garage entru 6.04 Rear Yard Setback (m) Side Yard Setback Projection into Side Yard (m) Attachment C Zoning Analysis

9 Attachment D Development Variance Permit District of Lake Country Bottom Wood Lake Road Lake Country, BC V4V 2M1 t: f: lakecountry.bc.ca APPROVED ISSUANCE OF DEVELOPMENT VARIANCE PERMIT (pursuant to Sec. 920 of the Local Government Act) PERMIT # DVP FOLIO # # ZONING DESIGNATION: ISSUED TO: SITE ADDRESS: RU1 Single Family Housing Peter Palma Professional Corporation Okanagan Centre Road West LEGAL DESCRIPTION: Parcel C (KR41452) Block K Section 17 Township 20 Osoyoos Division Yale District Plan 454 PARCEL IDENTIFIER: SCOPE OF APPROVAL This Permit applies to and only to those lands within the Municipality as described above, and any and all buildings, structures and other development thereon. This Permit is issued subject to compliance with all of the Bylaws of the Municipality applicable thereto, except as specifically varied or supplemented by this Permit, noted in the Terms and Conditions below. Applicants for Development and Development Variance Permits should be aware that the issuance of a Permit limits the applicant to be in strict compliance with regulations of the Zoning bylaw or Subdivision Control Bylaw unless specific Variances have been authorized by the Permit. No implied Variances from bylaw provisions shall be granted by virtue of drawing notations which are inconsistent with bylaw provisions and which have not been identified as required Variances by the applicant or Municipal staff. If any term or condition of this permit is for any reason held to be invalid by a decision or a Court of competent jurisdiction, such decision will not affect the validity of the remaining portions of this permit. 1. TERMS AND CONDITIONS Development Variance Permit DVP on Parcel C (KR41452) Block K Section 17 Township 20 Osoyoos Division Yale District Plan 454 is approved subject to the following conditions: a) That Zoning Bylaw 561 Section is varied FROM: unenclosed steps, eaves, awnings, decks, canopies, balconies, or porches may project into a required yard provided such projections do not exceed 0.6m. TO: unenclosed steps, awnings, decks, canopies, balconies, or porches may project into a required yard provided such projections do not exceed 0.6m and eaves may project into the required side yards provided such projections do not exceed 0.92m as shown on Schedule A. 2. DEVELOPMENT 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 shall form a part hereof. S:\Council meetings\ Council\June 4\DVP Permit.docx

10 DVP The development shall commence in conjunction with the approved Building Permit within TWO YEARS of the date that this permit is issued. If the permittee does not commence the development permitted by this Permit within TWO years of the date of issuance of this permit, this permit shall lapse. The terms of the permit or any amendment to it are binding on all persons who acquire an interest in the land affected by the permit. THIS IS NOT A BUILDING PERMIT 3. APPROVALS Authorizing resolutions passed by the Council on the day of,. Issued by the Corporate Officer of the District of Lake Country this day of,. Corporate Officer, Reyna Seabrook S:\Council meetings\ Council\June 4\DVP Permit.docx

11 DVP Schedule A S:\Council meetings\ Council\June 4\DVP Permit.docx