NOTICE OF DEVELOPMENT VARIANCE PERMIT APPLICATION (# PARIS STREET)

Transcription

1 NOTICE OF DEVELOPMENT VARIANCE PERMIT APPLICATION (# PARIS STREET) This is to advise that an application has been made for a Development Variance Permit respecting Lot 4, District Lots 189 and 372, S.D.Y.D., Plan 43502, MHR #14178, White Water Manufactured Home Park located at # Paris Street, Penticton, B.C. The applicant proposes to vary the provisions of Mobile Home Park Bylaw and the City of Penticton Zoning Bylaw where necessary to permit the placement of a mobile home at # Paris Street. A copy of the staff report to Council and Permit will be available for public inspection from Friday, March 23, 2012 and Monday, April 2, 2012 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, April 2, 2012, at 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, April 2, 2012 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 April 2, 2012 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 22 nd day of March 2012 Anthony Haddad, MCIP Director of Development Services 1 Please note that hours are subject to change. Address\Paris St\3245\ MP DVP-PL-013\Notices\ Public Notice

2 SUBJECT PROPERTY MAP CHANNEL PARKWAY Lot 11 Lot 12 Lot 13 Lot Lot Lot R.P Lot 8 Lot 7 Lot 6 Lot 5 R. P. R.P Lot 4 Lot Lot 13 Lot Lot 14 Lot 1 R.P Lot 24 Lot 25 Lot 23 Lot 22 Lot 21 Lot Lot Lot BLAIRMORE CRES R.P Lot 16 Lot 13 Lot 17 Lot COLEMAN ST COLEMAN ST Lot 15 R. P Lot 16 Lot Lot 22 Lot 21 Lot 2 Lot 19 Location of # Paris St. WATERFORD AVE Lot 3 R. P. Lot Lot 0 GUELPH AVE SURVEYOR S LOCATION CERTIFICATE # Paris St. Address\Paris St\3245\ MP DVP-PL-013\Notices\ Public Notice

3 Director AH CAO THE CORPORATION OF THE CITY OF PENTICTON COUNCIL REPORT TO: Council FILE : 0DVP PL REP: FROM: D. Haddrell DATE: April 2, 2012 RES: PROPOSAL: Vary Mobile Home Park Bylaw and Zoning Bylaw ADDRESS: # Paris Street LEGAL DESCRIPTION: Lot 4, District Lots 189 and 372, S.D.Y.D., Plan APPLICANT: Stanmar Services Ltd. RECOMMENDATION: (Prior to consideration of the Development Variance Permit application, persons who believe their interests may be affected by the proposed variance be given an opportunity to speak to the proposal in accordance with Section 313 of Development Procedures and Delegation Bylaw ) THAT Staff be directed to proceed with the required statutory notification for the development variance application for Lot 4, District Lots 189 and 372, S.D.Y.D., Plan 43502, located at unit # Paris Street to vary the provisions of Mobile Home Park Bylaw and Zoning Bylaw where necessary to permit the placement of a mobile home as shown on Attachment 2. IMPLICATION OF RECOMMENDATION: Organizational: Financial: Policy: Strategic Plan: Communication: n/a n/a n/a n/a Notification of adjacent residents in accordance with Section 922(4) of the Local Government Act and Section 32 of Development Procedures and Delegation Bylaw REFERENCE: Provincial Legislation Section Local Government Act 922(c) Development Variance Permits Community Charter 8(3)(g) and 63(e) Protection trailer courts, manufactured home parks and camping grounds City Regulations Section Zoning Bylaw No RSM Mobile Home Park Housing Development Procedures and Delegation Bylaw No Notification of adjacent residents

4 Historical Resolutions / Applications Board of Variance Application File 2011 BOV PL078 BACKGROUND: Site Area: 160m² (0.04 ac) Current Use: Residential Proposed Use: Residential Existing OCP: MR Proposed OCP: MR Existing DP Area: General Multiple Proposed DP Area: General Multiple Existing Zoning: RSM Proposed Zoning: RSM Parking Required: 1 Parking Provided: 1 Adjacent Developments North: Residential East: Residential South: Residential West: Residential Property Description The subject property is mobile home space #107 within the mobile home park located at 3245 Paris Street shown on Attachment 1. The mobile home park was developed in 2 stages, starting in 1969 and completing in The original mobile home located on this space shown on the 1994 air photo (Attachment 3 ) has been removed and the owner of the park has placed another mobile on the site. Unfortunately, the siting of the mobile does not conform to the current bylaws. The park was developed before the current mobile home park bylaw #92-21 was in effect and as a result some of the current bylaw requirements do not fit with the park. Also, our current zoning bylaw requires setbacks that further compromise the mobile home placement. Bylaw requires 3m (9.84 ft.) wide buffer areas along the north and east sides of the site plus a 6m (19.69 ft.) wide buffer from Waterford Ave. That bylaw also requires the mobile be set back 3.5m (11.48 ft.) from the back of the sidewalk within the park adjacent to the site and provide one parking space within the site. Bylaw requires 6m setbacks from the northerly and easterly lot boundaries. It is not possible for the mobile home to be placed such that it conforms to these bylaw requirements and even though it is within an older park, the current bylaws apply. There are existing power line, storm water drainage and sanitary sewer rights of way over this site but these are not at issue or of concern. Proposal The applicant placed a mobile home on the site last year. The applicant contends that the reason why the mobile will not fit on the space is because the mobile that arrived on the site was 10 feet longer than the one they expected. Subsequently they applied to the Board of Variance seeking relief from the bylaw setback requirements. The Board denied their application. The following was the Board s decision: It was MOVED and SECONDED THAT the application made by Stanmar Services Ltd. to vary the side and front yard setbacks of Mobile Home Park Bylaw as follows: 1) Side Yard - both side yard setbacks to be 1.5m.; and 2) Front Yard - reduce the front yard setback from 3.5m to 0.9m. be DENIED as the Board finds that undue hardship would not relate according to the definitions as stated in the Board of Variance Mandate. CARRIED UNANIMOUSLY It was MOVED and SECONDED THAT the Board of Variance recommends to the City that mobile home park owners/applicants should provide updated survey drawings and that survey plans must

5 be submitted at building permit application stage for any work(s) being done within a mobile home park or a specific site within a mobile home park and that a memo be forwarded to Council regarding this issue. CARRIED UNANIMOUSLY Following the Board of Variance decision, the applicant hired a professional B. C. Land Surveyor and had an accurate plan prepared showing the exact location of the mobile on the mobile home space and submitted that plan with the application (Attachment 2 ). Although it is not a common occurrence, Council may consider a Development Variance Permit application following a negative decision by the Board of Variance. Engineering Review The City s Engineering department has reviewed the application and has identified no issues. ANALYSIS: Support Application Although there are a number of zoning bylaw and Mobile Home Park bylaw variances needed, staff support the application. The mobile home park was developed 40 years ago and a lot has changed since the park was first developed. The portion of the original park immediately east of the subject site which contained a 120 space campground was removed in 1990 to make way for a condominium development. This created a situation where the existing mobile home located on the subject site became non-conforming with respect to the buffer requirement. The subject mobile home placement, including the addition of a parking space on the east side of the mobile (within the required buffer area) as shown on Attachment 2 will not create a greater intrusion into the buffer area than the former mobile. The subject mobile will be located too close to the sidewalk within the park to allow for parking between the sidewalk and the mobile, therefore the addition of a parking space along the easterly side of the mobile has been proposed. The applicant has agreed to add this parking space. Zoning bylaw requires a 6m (20ft) wide setback around the perimeter of the mobile home park. As this park was developed well before that bylaw was in place, staff support locating the mobile partially within this required setback. 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. Denying the proposal will result in the applicant having to move the mobile home off the site. ALTERNATIVES: 1. Support the application with conditions that differ from those identified by Staff and proceed through the required approval and consideration process; 2. Refer the application back to staff for further review as specified by Council; or 3. Deny the application. Per: D. Haddrell Planning Technician

6 ATTACHMENT 1 SUBJECT PROPERTY MAP Lot R.P Lot 8 Lot 7 Lot Lot 5 R.P R. P. Lot 20 Lot 19 R.P Lot Lot Lot 13 Lot Lot 14 Lot BLAIRMORE CRES R.P Lot 24 Lot Lot Lot R.P Lot 16 Lot Lot 17 Lot 14 Lot COLEMAN ST Lot 15 R. P Lot 16 Lot Lot 22 Lot 9 Lot 21 Lot 20 Lot WATERFORD AVE PARIS ST PARIS ST PARIS PARIS PARIS PARIS PARIS ST ST ST ST ST R.P. KAP Lot 1 Lot Lot WATERFORD AVE Lot 2 Lot R.P. 4 R. P Lot ELPH ELPH ELPH ELPH ELPH AVE AVE AVE AVE AVE GUELPH AVE CK ST

7 ATTACHMENT 2 PROPOSED MOBILE HOME PLACEMENT

8 ATTACHMENT AIR PHOTO Lot BLAIRMORE CRES Lot Lot 24 Lot COLEMAN ST R. P Lot Lot WATERFORD AVE Lot R. P.

9 Date: April 2, 2012 Permit Number: DVP-PL-013 Stanmar Services Ltd Skaha Lake Road Penticton, B.C. V2A 6G5 Conditions of Permit ATTACHMENT 4 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: Development Variance Permit 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 4, District Lots 189 and 372, S.D.Y.D., Plan Civic Address: # Paris Street Zoning District: RSM (Mobile Home Park Housing) 3. This permit has been issued in accordance with Section 922 of the Local Government Act, to vary the provisions of Mobile Home Park Bylaw and Zoning Bylaw where necessary to permit the placement of a mobile home as shown on Schedule A. General Conditions 4. In accordance with Section 928(2) of the Local Government Act, the lands subject to this permit shall be developed strictly in accordance with 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 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

10 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 day of, 20 Issued this day of, 20 Karen Burley Corporate Officer

11 Schedule A