Contact the Planning and Development Division at or access relevant background material available at

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1 When? Where? Why? Tuesday, January 12, 2016, 1:30 pm Council Chambers, City Hall, 7 Victoria Street West Kamloops City Council will be considering a resolution to issue a Development Variance Permit. Property Location: Dallas Drive Purpose: To reduce the minimum required side street yard setback from 4.5 m to 0.75 m and to reduce the minimum required rear yard setback from 3 m to 1 m in the MHS-1 (Mobile Home Subdivision-1) zone to permit a garden shed accessory building. Questions? Contact the Planning and Development Division at or access relevant background material available at Copies of background materials are also available at City Hall for review between the hours of 8:30 am and 4:30 pm, Monday-Friday (excluding statutory holidays). Have Your Say: Mail Fax Speak legislate@kamloops.ca 7 Victoria Street West Kamloops BC V2C 1A In person at the meeting Written submissions must include your name and address and be received no later than 4:00 pm on January 11, Written submissions, including your name and address, are included in the Council Agenda and will be posted on the City's website as part of the permanent public record. Please note that the City considers the author's address relevant to Council's consideration of this matter and will disclose this personal information. S:\DCS\DVP Dallas Dr_NOT.docx 37

2 December 8, 2015 REPORT TO THE CHIEF ADMINISTRATIVE OFFICER FROM THE DEVELOPMENT AND ENGINEERING SERVICES DEPARTMENT ON DEVELOPMENT VARIANCE PERMIT APPLICATION NO. DVP DALLAS DRIVE OWNER/APPLICANT: JAMES R. BOLTON PURPOSE To issue a Development Variance Permit in the MHS-1 (Mobile Home Subdivision-1) zone to reduce the minimum side street yard setback from 4.5 m to 0.75 m and to reduce the minimum rear yard setback from 3 m to 1 m to facilitate the construction of an m 2 accessory building. SUMMARY The subject property is zoned MHS-1 and located in the Kokanee Court Mobile Home Park in Campbell Creek, adjacent to the park's entrance road off of Dallas Drive. The applicant has applied for a Development Variance Permit to reduce the minimum side street yard setback from 4.5 m to 0.75 m and reduce the minimum rear yard setback from 3 m to 1 m to construct an accessory building (garden shed) (Attachment "A"). A Stop Work Order was placed on the property because the applicant began construction of the garden shed without a Building Permit. The applicant believed a Building Permit was not required due to the size of the shed; however, the shed measures m 2 and a Building Permit is required for an accessory building larger than 10 m 2. In addition to the Building Permit, a Development Variance Permit is required as the subject property is located adjacent to a road allowance (the access to the mobile home park) that requires a 4.5 m setback. The increased setback requirements for side yards adjacent to road allowances are primarily for road safety and to ensure that effective sightlines are maintained. In this case, the garden shed is screened by the existing cedar fence along the side street and rear parcel line and will have no impact on the safe operation of the access road. Furthermore, the existing strata road has a 6 m wide large boulevard, which creates increased separation from the road and the accessory building. The setback requirements for rear yards are primarily for privacy concerns, which are mitigated in this case by the subject property backing onto a 5 m wide section of common property and Dallas Drive. Additionally, by placing the shed closer to the side street property line, the minimum required building separation of 1.5 m between the shed and the dwelling is maintained, and the applicant can easily access his rear yard. No technical concerns were identified during the application review process; therefore, the Development and Engineering Services Department supports this application and recommends Council proceed as outlined in the recommendation. S:\DCS\DVP00459_REP.docx 38

3 DEVELOPMENT VARIANCE PERMIT APPLICATION NO. DVP00459 December 8, 2015 Page 2 RECOMMENDATION: That Council authorize distribution of Notice of Intent to issue a Development Variance Permit for Strata Lot 33, D.L. 269, Sec. 35, Twp. 19, Rge. 16, W6M, K.D.Y.D., Strata Plan EPS615 ( Dallas Drive), to vary Zoning Bylaw No , Division Thirty-Three, MHS-1 (Mobile Home Subdivision-1), Section 3302, Regulations, to reduce the minimum side street yard setback from 4.5 m to 0.75 m, and to reduce the minimum rear yard setback from 3 m to 1 m, to permit the construction of an accessory building, in accordance with Attachment "A". COUNCIL POLICY There is no applicable Council policy. SITE CONDITIONS AND BACKGROUND Neighbourhood - Campbell Creek KAMPLAN Designation - Suburban Current Zoning/Use - MHS-1 (Mobile Home Subdivision-1)/ single-family dwelling Proposed Variance - Reduce side street yard setback from 4.5 m to 0.75 m and reduce rear yard setback from 3 m to 1 m for an accessory building Surrounding Uses - Single-family dwellings as part of the mobile home park, mobile home to the west, vacant commercial and industrial properties to the north and east Application Date - October 26, 2015 Restrictive Covenant - n/a Project Evaluation Team (PET) - October 28, 2015 Parcel Size m 2 MOTI Referral - n/a S:\DCS\DVP00459_REP.docx 39

4 DEVELOPMENT VARIANCE PERMIT APPLICATION NO. DVP00459 December 8, 2015 Page 3 M. Kwiatkowski, P.Eng. Development and Engineering Services Director Approved for Council Consideration: Author: S. Hanson, MUP, Planning Technician Reviewed by: E. Beach, MCIP, RPP, Planning and Development Supervisor R. Martin, MCIP, RPP, Planning and Development Manager/Approving Officer SH/dla/kjm Attachments S:\DCS\DVP00459_REP.docx 40

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