NOTICE OF DEVELOPMENT VARIANCE PERMIT 1032 NARAMATA ROAD

Transcription

1 NOTICE OF DEVELOPMENT VARIANCE PERMIT 1032 NARAMATA ROAD This is to advise that an application has been made for a Development Variance Permit respecting Lot A, District Lot 205, SDYD, Plan 8858 located at 1032 Naramata Road, Penticton, B.C. The applicant is proposing to construct a new house on the property and convert the existing house into a carriage house. The following variances to Zoning Bylaw are being requested: Vary Section , maximum carriage house building footprint, from 60% of the building footprint of the principal residence to 68%, and Vary Section to allow the carriage house to be located in the side yard. A copy of the staff report to Council and Permit will be available for public inspection from Thursday, November 10, 2011 to Monday, November 21, 2011 at the following locations: Community Centre City Webpage Location Address Hours 1 City Hall 171 Main Street 8:30am to 4:30 pm Monday Friday Penticton Public Library 785 Main Street 9:30 am to 5:30 pm (M/W/F/Sat) 9:30 am to 9:00 pm (Tu/Th) 1:00 pm to 5:00 pm Sun. (mid- October to Apr 30 th ) Penticton 325 Power Street During hours of operation Anytime Council will consider this application at its Regular Meeting scheduled for Monday, November 21, 2011, 6:00 p.m. in Council Chambers, Penticton City Hall, 171 Main Street, Penticton. Any person who believes their interests may be affected by this proposed Development Variance Permit may appear in person, or by agent, the evening of the Regular Council meeting, or submit a petition or written comments by mail or no later than 12 Noon, Monday, November 21, 2011 to Attention: Corporate Officer, City of Penticton, 171 Main Street, Penticton, BC V2A 5A9; publichearings@penticton.ca. No letter, report or representation from the public will be received by Council after the conclusion of the November 21, 2011 Council Meeting. Please note that all submissions are a matter of public record. Those persons with special hearing, language or access needs should contact City Hall at (250) prior to the meeting. For more information on this application please contact the Planning Department at (250) Dated this 10th day of November, 2011 Anthony Haddad, MCIP Director of Development Services 1 Please note that hours are subject to change Naramata Rd-DVP PL

2 CHAPMAN RD R.P. A Subject Property Lot A R.P Lot 116 R.P NARAMATA NARAMATA NARAMATA NARAMATA NARAMATA RD RD RD RD RD R.P Lot A Lot 100 R.P. R.P. R.P. R.P. R.P. DD-4357 DD-4357 DD-4357 DD-4357 DD-4357 Lot Site Plan 1032 Naramata Rd-DVP PL

3 Director AH CAO THE CORPORATION OF THE CITY OF PENTICTON COUNCIL REPORT TO: Council FILE : 2011-DVP-PL083 REP: FROM: Darryl Haddrell DATE: November 21, 2011 RES: PROPOSAL: To vary the carriage house regulations of Section 8 of Zoning Bylaw to permit the construction of a carriage house on the subject property ADDRESS: 1032 Naramata Road LEGAL DESCRIPTION: Lot A, District Lot 205, Similkameen Division Yale District, Plan APPLICANT: Bill Laven RECOMMENDATION: THAT the Development Variance Permit be issued to Lot A, District Lot 205, Similkameen Division Yale District, Plan 8858 located at 1032 Naramata Road to vary the following provisions of Zoning bylaw : Vary Section maximum carriage house building footprint from 60% of the building footprint of the principal residence to 68%; and Vary Section to allow the carriage house to be located in the side yard. IMPLICATION OF RECOMMENDATION: Organizational: Financial: Policy: Strategic Plan: Communication: n/a n/a n/a n/a Notification of adjacent residents and public in accordance with Part 26 of the Local Government Act and Sections of Development Procedures and Delegation Bylaw REFERENCE: Provincial Legislation Section Local Government Act 922 Development Variance Permits 903 Zoning Bylaws Agricultural Land Commission Act 23 Exemptions City Regulations Section Official Community Plan No (OCP) Part 2 Land Use Designations Zoning Bylaw No Specific Use Regulations Development Procedures and Delegation Bylaw No Notification Requirements BACKGROUND: 1 N:\city\ADDRESS\Naramata Rd\1032\2011-MP-1420\2011-DVP-PL083\COUNCIL\ Council Report.docx

4 Site Area: 3,641m² (0.9 ac) Current Use: Residential Proposed Use: Residential Existing OCP: Agricultural Proposed OCP: Agricultural Existing Zoning: Agriculture (A) Parking Required: 3 Parking Provided: 3 Penticton Airport Zoning Regulations n/a Adjacent Developments North: Agricultural East: Agricultural South: Agricultural West: Agricultural Proposal The applicant proposes to construct a new house on the subject property (Attachment A ) and convert the existing house into a carriage house. Because of the location of the existing house on the site it would not be possible to construct the new house in a location that meets the bylaw requirement. As such the applicant is applying to vary the requirement that a carriage house be located to the rear of the principal dwelling (Attachment B ). The applicant is also requesting a variance to the size limitations of the carriage house from 60% of the principal dwelling to 68% of the principal dwelling. Engineering Review The City s Development Engineering Department has reviewed the application and have not identified any concerns with the requested variances. Development Engineering staff will review the application in greater detail if the variance application is supported by Council and building permit drawings are submitted. ANALYSIS: Support Application Carriage houses are a relatively new use in Penticton. Increasing housing costs and the limited availability of land have created a demand for this type of housing. When the carriage house use was included in the zoning bylaw a number of restrictions were put in place to minimize the negative impact that these houses would have on the neighbourhoods that they were constructed in, including limiting the size of the carriage house and including provisions on the location on a lot that a carriage house can be built. Although the subject property is within the Agricultural Land Reserve, it is less than 2 acres and was on a separate title on December 21, 1972; therefore, it is not subject to the Agricultural Land commission Act and an application to the Agricultural Land Commission is not required. In this case the carriage house footprint is slightly greater than what is permitted by the zoning bylaw. The size of a carriage house is restricted in the bylaw to 60% of the building footprint of the principal house. In this case the carriage house will be 68% of the footprint of the principal house. And the carriage house will be located in a side yard, not the rear yard as required by the Bylaw. Both of these regulations are in place to ensure that the carriage house is recognized as a subordinate structure on the property and not a second principal dwelling. In this case there will be no question that the new house will be the principal residence. The height of the new building (2 and a half stories) and its location on the lot (a higher elevation than the existing house) are such that there will be no mistaking which unit is the principal dwelling and which is the carriage house. 2 N:\city\ADDRESS\Naramata Rd\1032\2011-MP-1420\2011-DVP-PL083\COUNCIL\ Council Report.docx

5 Staff conclude that the intent of the carriage house regulations are being followed. Furthermore, because the neighbouring properties are large agricultural lots with residences far from the carriage house there should be minimal impact on the area. As such, staff recommend that Council support the application. Deny/Refer Application Should Council determine that additional information is required, it may refer requests back to Staff for additional research. Should Council consider that the proposal is not appropriate for this area, it may deny the proposed Development Variance Permit Application. Denying the proposal will result in the existing house having to be removed when the new house is constructed. ALTERNATIVES: 1. Support the Development Variance Permit application with conditions that differ from those identified by staff 2. Refer the application back to staff for further review as specified by Council; or 3. Deny the application. Darryl Haddrell Planning Technician 3 N:\city\ADDRESS\Naramata Rd\1032\2011-MP-1420\2011-DVP-PL083\COUNCIL\ Council Report.docx

6 TA TA TA TA TA RD RD RD RD RD ATTACHMENT A Subject Property Location Map And Aerial Photograph CHAPMAN RD R.P. A-55 SUBJECT PROPERTY Lot A R.P Lot 116 NARAMATA NARAMATA NARAMATA NARAMATA NARAMATA RD RD RD RD RD R.P R.P Lot A Lot 100 R.P R.P R.P R.P R.P. DD- DD- DD- DD- DD Lot 115 DAVENPORT AVE N:\city\ADDRESS\Naramata Rd\1032\2011-MP-1420\2011-DVP-PL083\COUNCIL\ Council Report.docx

7 TA TA TA TA A RD RD RD RD RD CHAPMAN RD R.P. A-55 NEIGHBOURING RESIDENCE Lot A R.P Lot 116 NARAMATA NARAMATA NARAMATA NARAMATA RD RD RD RD R.P R.P Lot A Lot B R. P Lot 100 NEIGHBOURING RESIDENCE R.P. R.P. R.P. R.P. R.P. DD-4357 DD-4357 DD-4357 DD-4357 DD-4357 NARAMATA RD NARAMATA R Lot 115 NEIGHBOURING RESIDENCE NARAMATA NARAMATA NARAMATA NARAMATA R R R R DAVENPORT AVE LOCATION OF PROPOSED NEW PRINCIPAL DWELLING 5 N:\city\ADDRESS\Naramata Rd\1032\2011-MP-1420\2011-DVP-PL083\COUNCIL\ Council Report.docx

8 ATTACHMENT B Plans Submitted in Support of Application 6 N:\city\ADDRESS\Naramata Rd\1032\2011-MP-1420\2011-DVP-PL083\COUNCIL\ Council Report.docx

9 7 N:\city\ADDRESS\Naramata Rd\1032\2011-MP-1420\2011-DVP-PL083\COUNCIL\ Council Report.docx

10 ATTACHMENT C Draft Permit Permit No. DVP PL Bill Laven 113 Lower Bench Road Penticton BC V2A 1B1 Conditions of Permit Development Variance Permit The Corporation of the City of Penticton Development Services Division 171 Main Street, Penticton B.C. V2A 5A9 Phone: (250) Fax: (250) Website: 1. This permit is issued subject to compliance with all of the bylaws of the City, except as specifically varied or supplemented by this Permit. 2. This permit applies to: Legal: Lot A, District Lot 205, Similkameen Division Yale District, Plan 8858 Civic: 1032 Naramata Road PID: This permit has been issued in accordance with Section 922 of the Local Government Act, to vary the following provisions the City of Penticton Zoning Bylaw No , as shown in the plans attached in Schedule A: General Conditions Section maximum carriage house building footprint from 60% of the building footprint of the principal residence to 68%; and Section to allow the carriage house to be located in the side yard. 4. In accordance with Section 928(2) of the Local Government Act, the lands subject to this permit shall be developed in general accordance of this permit and the plans attached as Schedule A. 5. In accordance with Section 926 of the Local Government Act, if the holder of this permit does not commence the development authorized by this permit within 2 years of the date of this permit, this permit shall lapse. 6. In accordance with Section 922(3) of the Local Government Act, in the event of a conflict between the provisions of this permit and the zoning bylaw, the provisions of 8 N:\city\ADDRESS\Naramata Rd\1032\2011-MP-1420\2011-DVP-PL083\COUNCIL\ Council Report.docx

11 this permit shall prevail. 7. This permit is not a building permit. In order to proceed with this development, the holder of this permit must hold a valid building permit issued by the Building Inspection Department. 8. This permit does not constitute any other municipal, provincial or federal approval. The holder of this permit is responsible to obtain any additional municipal, federal, or provincial approvals prior to commencing the development authorized by this permit. 9. This permit does not include off-site infrastructure costs that may be required at the building permit stage, such as Development Cost Charges (DCC s), road improvements and electrical servicing. There may be substantial infrastructure and servicing costs payable at a later date. For more information on servicing and infrastructure requirements please contact the Development Engineering Department at (250) For more information on electrical servicing costs, please contact the Electric Utility at (250) Authorization resolution passed by council the 21 st day of November, 2011 Issued this 22 nd day of November, 2011 Karen Burley Corporate Officer 9 N:\city\ADDRESS\Naramata Rd\1032\2011-MP-1420\2011-DVP-PL083\COUNCIL\ Council Report.docx

12 SCHEDULE A proposed new principal dwelling SITE PLAN 10 N:\city\ADDRESS\Naramata Rd\1032\2011-MP-1420\2011-DVP-PL083\COUNCIL\ Council Report.docx

13 11 N:\city\ADDRESS\Naramata Rd\1032\2011-MP-1420\2011-DVP-PL083\COUNCIL\ Council Report.docx

14 12 N:\city\ADDRESS\Naramata Rd\1032\2011-MP-1420\2011-DVP-PL083\COUNCIL\ Council Report.docx

15 13 N:\city\ADDRESS\Naramata Rd\1032\2011-MP-1420\2011-DVP-PL083\COUNCIL\ Council Report.docx