MOOSEJAW MOOSEJAW MOOSEJAW. t 1. Lot 17. Lot 18. Lot 19. Lot 19

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1 Public Notice December 4, 2014 Subject Property: 492 Windsor Avenue Lot 20, District Lot 1, Group 7, SDY (Formerly Yale-Lytton) District Plan 4576 Application: Development Variance Permit PL t Lot 24 The applicant is proposing to construct a carriage house and has applied to vary Lot 19 Section of Zoning Bylaw to increase the allowable size of the building footprint of a carriage house from 90m 2 or 60% of the building footprint of the principal residence, whichever is less to 89m 2 or 95% of the principal residence MOOSEJAW MOOSEJAW MOOSEJAW MOOSEJAW MOOSEJAW ST Information: The staff report to Council and Development Variance Permit will be available for public inspection from Friday, December 5, 2014 to Monday, December 15, 2014 at the following locations during hours of operation: MOOSEJAW MOOSEJAW MOOSEJAW MOOSEJAW MOOSEJAW Lot 17 Lot 18 Lot 19 R. P Lot 16 R. Lot Lot Lot WINDSOR AVE Lot 23 Lot Lo 432- R. P. 4 5 Lot 24 Lot Lot 25 Penticton City Hall, 171 Main Street Penticton Library, 785 Main Street Penticton Community Centre, 325 Power Street You can also find this information on the City s website at Please contact the Planning Department at (250) with any questions. Council Consideration: Council will consider this application at its Regular Council Meeting scheduled for 6:00 p.m., Monday, December 15, 2014, in Council Chambers at Penticton City Hall, 171 Main Street. Public Comments: You may appear in person, or by agent, the evening of the Council meeting, or submit a petition or written comments by mail or no later than 9:30 a.m., Monday, December 15, 2014 to: Attention: Corporate Officer, City of Penticton 171 Main Street, Penticton, B.C. V2A 5A9 publichearings@penticton.ca. continued on Page 2

2 No letter, report or representation from the public will be received by Council after the conclusion of the December 15, 2014 Council Meeting. Please note that all correspondence submitted to the City of Penticton in response to this Notice will form part of the public record and will be published in a meeting agenda when this matter is before the Council or a Committee of Council. The City considers the author s address relevant to Council s consideration of this matter and will disclose this personal information. The author s phone number and address is not relevant and should not be included in the correspondence if the author does not wish this personal information disclosed. Those persons with special hearing, language or access needs should contact City Hall at (250) prior to the meeting. Blake Laven, RPP, MCIP Manager of Planning For Office Use Only: city\address\windsor Ave\492\2014 MP 1737\2014 DVP PL-091\NOTICES\ Public Notice Page 2 of 2

3 Council Report Date: December 15 th, 2014 File No: DVP PL To: Annette Antoniak, City Manager From: Lindsey Fraser, Planner Address: 492 Windsor Avenue Subject: Approve Development Variance Permit Staff Recommendation THAT Council approve Development Variance Permit PL , for Lot 20, District Lot 1, Group 7, Similkameen Division Yale District, Plan 4576, located at 492 Windsor Avenue, a permit to increase the allowable footprint of a carriage house from: 90 m2 or 60% of the building footprint area of the principal residence, whichever is less, to: 89m2. AND THAT Council direct staff to issue Development Variance Permit PL Background The subject property (attachment A ) is located in a low-density, single family-oriented area and is zoned R1 (Large Lot Residential). Carriage houses are a permitted use in this zone, but their footprint is limited to 90m2 or 60% of the principal residence, whichever is less. In the case of this application the carriage house is under 90m2 but, because of the small footprint of the principal dwelling, is 95% of its footprint. The principal residence is a relatively small, one storey home with a partially above-ground basement, and has a footprint of 1008 sq.ft (94 m2). The property also includes a 844 sq.ft (78 m2) detached garage that contains vehicular parking and a small screen printing shop (holding a current business license). It is important to note that if the garage was attached to the home, the total footprint of the principal dwelling would equal 1852 sq.ft and the carriage home being proposed would, thus, equal only 52% of the total footprint of the principal dwelling, negating the need for this variance. The lot is 12,588 sq.ft (1170 m2) in total; the combined footprint of the principal dwelling, garage and proposed carriage house would equal 2,813 sq.ft (261 m2) or 22% lot coverage. The maximum lot coverage buildings can occupy on a property in this zone is 40%. The applicants state in their Letter of Rationale that they intend to move into the carriage house once it is completed and to then rebuild the principal residence for the use of the applicant s parents. Given the size of the lot, this property is suited to both a carriage house and larger principal residence. Proposal The applicant is requesting a development variance permit to vary the following section of Zoning Bylaw :

4 Section : Increase the allowable size of the building footprint of a carriage house from 90 m2 or 60% of the building footprint of the principal residence, whichever is less to 89m2. Financial Implication N/A Technical Review As this is a Development Variance Application, the Planning Department manages the processing of the file and ultimately decides to lend support or not. However, this decision is based on consultation with other departments during our inter-departmental review, known as the technical planning committee. This committee is made up of representatives from Engineering, Public Works, Fire, Electrical, and Building Departments. Although no serious concerns arose from this process, the Fire Department did state that clear addressing would have to be located at the front of the principal residence for the carriage house in the event that emergency services were required. Additionally, if the application for variance is successful the applicant will have to show conformance to the requirements of the BC Building Code prior to building permit approval. Development Statistics Item Requirement of R1 Zoning Provided on Plans Minimum Lot Size for Carriage House 500 m m2 Maximum Lot Coverage 40% 22% Vehicle Parking: 3 3 Required Setbacks of Carriage House Front Yard (Windsor Avenue): Side yard interior (west): Side yard interior (east): Rear yard (lane): Maximum Building Height of a Carriage House Maximum Building Footprint of a Carriage House Maximum Gross Floor Area of a Carriage House Must be behind main house 1.5m 1.5m 1.5m 7.5m or the height of the principal house (whichever is less) 90m2 or 60% of the building footprint of the principal house (whichever is less) 90m2 or 60% of the maximum floor area of the main house (whichever is less) Located to rear of main house 1.5m 5m 5m 4.7m (principal house is 4.9m) 89m2 (but more than 60% of the footprint of the main house) *variance required 89m2 (less than 60% of the gross floor area of the main house) Analysis Approve Located on Windsor Street, this property is ideal for a carriage home in many ways. The property abuts a lane to the back and side (west), creating a corner lot in effect. This siting helps to ensure that the carriage house does not infringe on neighbor s privacy or site-lines in an intrusive manner. The applicants have also been conscientious as to how the siting of windows within the property will impact surrounding properties; Council Report Page 2 of 11

5 as a result, the vast majority of the windows face in toward the yard and not outward to neighbours. Moreover, the carriage house is one level, not two, so its outward impact will be minimal. The applicants have been instructed, and intend, to notify their neighbors surrounding the property of their application. The neighbours they ve spoke with to-date, have no objections to their proposal. When reviewing an application for variance, staff encourage Council to consider whether there is a constraint on the property that makes following the bylaw difficult, whether the approval will have a negative impact on neighbouring properties and whether the request is reasonable and in keeping with the intent of the bylaw. Although it would be difficult to argue that there is a constraint on the property, staff do feel that the size of the lot warrants examination as to whether or not the Carriage House Bylaw should be applied to its full capacity or whether a variance is reasonable given the factors of this application. Staff feel the applicants have been sensitive to neighbours and intend to construct a structure which adds to the character of the neighbourhood. For these reasons, staff recommend that Council support the variance and direct staff to issue the permit. Deny Council may feel that the variance is not justified and that the property owner should follow the bylaw. If that is the case, Council should deny the variance. Alternatively, Council may wish to refer the application back to staff to work with the applicant in determining a more appropriate design for the carriage house. Alternate recommendations THAT DVP PL be denied. THAT DVP PL be approved with conditions. Attachments Attachment A Subject property location map Attachment B Images of subject property Attachment C Letter from applicant Attachment D Draft DVP (Development Variance Permit) Respectfully submitted, Lindsey Fraser Planner I Approvals Manager City Manager Council Report Page 3 of 11

6 Attachment A Subject Property Location Map Figure 1: Subject property with surrounding single family area Council Report Page 4 of 11

7 Attachment B Images of the Subject Property Figure 2: Facade of principal residence Principle dwelling Detached garage Figure 3: View down west yard showing alley and garage Council Report Page 5 of 11

8 Single garage workshop Double garage for vehicular storage Figure 4: Double garage for parking, single garage used as workshop Location of proposed carriage house Figure 5: View from south west corner of property Council Report Page 6 of 11

9 Close-up photo of area to be used for carriage house, looking north Figure 6: View of backyard, looking north, to be utilized for carriage house Close-up photo of area to be used for carriage house, looking south Figure 7: View of backyard, looking south, to be utilized for carriage house Council Report Page 7 of 11

10 Attachment C Letter from Applicant Council Report Page 8 of 11

11 Attachment D Draft DVP Council Report Page 9 of 11

12 Council Report Page 10 of 11

13 Council Report Page 11 of 11