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1 Public Notice June 25, 2015 Subject Property: Dauphin Avenue (Lot 1, District Lot 116, Similkameen Division Yale District, Plan 21541) Application: Development Variance Permit PL To accommodate the placement of a new mobile home, the applicant has applied to vary the following sections of Mobile Home Parks Bylaw 92-21: P Section 5.02 (b) to reduce the minimum side yard setback from 3m to 2.4m, and Section to increase the maximum lot coverage from 45% to 47% 92 Lot 1 REM Lot 6 R.P ER E R. P Lot 14 Lot R.P. R.P. R.P. R.P. R.P R.P. R.P. R.P. R.P. R.P R.P L Lot t 13 Lot 7 R.P Lot 12 Lot 11 Lot 1 Lot 2 Lot 6 Lot 3 Lot Lot Lot ROBLIN ROBLIN ROBLIN ROBLIN ROBLIN ST ST ST ST ST DAUPHIN AVE R.P. R.P. R.P. R.P. R.P. 3 Lot Lot CHAMBERS CHAMBERS CHAMBERS CHAMBERS CHAMBERS PL PL PL PL PL Lot Information: The staff report to Council and permit will be available for public inspection from Friday, June 26, 2015 to Monday, July 6, 2015 at the following locations during hours of operation: 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, July 6, 2015, in Council Chambers at Penticton City Hall, 171 Main Street. continued on Page 2

2 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, July 6, 2015 to: Attention: Corporate Officer, City of Penticton 171 Main Street, Penticton, B.C. V2A 5A9 publichearings@penticton.ca. No letter, report or representation from the public will be received by Council after the conclusion of the July 6, 2015 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\dauphin Ave\197\4\2015 MP 858\NOTICES\ Public Notice Page 2 of 2

3 Council Report Date: July 6 th, 2015 File No: DVP PL To: Mitch Moroziuk, Interim City Manager From: Audrey Tanguay, Senior Planner Address: Subject: #4-197 Dauphin Avenue Development Variance Permit PL Staff Recommendation THAT Council support Development Variance Permit PL for Lot 1, District Lot 116, Similkameen Division Yale District, Plan located at #4-197 Dauphin Avenue, a permit to vary Mobile Home Park Bylaw 92-21, to decrease the minimum side yard setback of 3m on one side to 2.4m for the placement of a mobile home and to increase the maximum permitted site coverage of a mobile home and all accessory buildings from 45% to 47%; AND THAT staff be directed to issue Development Variance Permit PL Strategic priority objective N/A Background The subject property is part of the Dauphin Mobile Home Park and features 100 mobile home spaces. The mobile home park was established in 1973 under a land Use Contract. The Land Use Contract (LUC), although still in effect, requires any changes to the mobile home park to conform to the City s current bylaws. The subject property (Attachment A ) is zoned RSM (Mobile Home Park Housing) as per zoning Bylaw and is designated Medium Density Residential (MR) as per the City s Official Community Plan. The property is also regulated under Mobile home Parks Bylaw No which controls the establishment, extension, design and servicing of mobile home parks. The site has an existing mobile home which will be removed and relocated before the new mobile home is in place. Proposal The applicant is requesting a development variance permit to vary section 5.02 (b) of Mobile Home Parks Bylaw to reduce the minimum side yard setback from 3m to 2.4m and to vary Section to increase the maximum lot coverage from 45% to 47% to accommodate the placement of a new mobile home.

4 Financial Implications N/A Technical Review Engineering and Public Works staff have reviewed the proposals and do not recommend any conditions prior to the variance approval. The application was reviewed by the City s Technical Planning Committee on June 11 th, Notes from that meeting were forwarded to the applicant for information. Analysis Support When considering a variance to a City bylaw, staff encourages Council to consider whether there is a hardship on the property that makes following the bylaw difficult or impossible, whether approval of the variance would cause a negative impact on neighboring properties, and if the variance request is reasonable. In this case there are two variances that are being requested - one for side yard and one for the increase in site coverage. Staff will deal with each separately: 5.02 (b) To vary the minimum yard setback of 3m to 2.4m for the placement of a new mobile home The reason for the reduced setback is due to size of the new mobile home. Mobile homes are manufactured to Canadian Standards Association (CSA) Z240 standards. The proposed mobile home is 8.2 m (27 feet) wide. The Mobile Home Park Bylaw requires a minimum side yard of 1.5m on one side and 3m on the other side. In this case, the mobile home is proposed to be located at 1.5m on one side and only 2.4m on the other side. The reduction in the setback is minor and should not have a negative impact on any neighboring properties. Section of Mobile Home Parks Bylaw To vary the site coverage of all buildings from 45% to 47% The applicant is proposing to place a new mobile home on space #4. As noted above, the double wide mobile home is slightly larger than the former one placed on the site. In regard to the impact on the neighboring properties, staff note that this is the first variance request as part of this mobile home park. Staff do not feel that the 2% variance will have a negative effect on the park but it will limit the ability for the new owners to add or place any accessory buildings on the site. The proposal follows the requirement of the Land Use Contract H31019 registered on title of the property. Considering the above, the proposal submitted by the property owner will continue to enhance this site and it is recommended that Council support the application and direct staff to issue the permit. Deny/ refer Council may consider that the number of variances requested demonstrate that the development will negatively affect the mobile home park and the neighborhood. If this is the case, Council can deny all or one of the proposed variances. Alternatively, Council may want to refer the application back to staff for further work with the applicant. Council Report Page 2 of 10

5 Deny/ refer Council may consider that the variances requested demonstrate that the development will negatively affect the residential neighborhood. If this is the case, Council can deny the proposed variance. Alternatively, Council may want to refer the application back to staff for further work with the applicant. Alternate recommendations 1. THAT Council refer Development Variance Permit File PL back to staff to make changes Council feel are appropriate. 2. THAT Council deny Development Variance Permit PL Attachments Attachment A: Subject property location map Attachment B: Zoning map of neighbourhood Attachment C: OCP designation map Attachment D: Images of subject property Attachment E: Site Plan Attachment F: Draft DVP Respectfully submitted, Audrey Tanguay Senior Planner Approvals Manager City Manager JGH Council Report Page 3 of 10

6 Attachment A Subject Property Location Map Dauphin Mobile Home Park Subject Mobile Home Space Council Report Page 4 of 10

7 Attachment B Zoning Map of Neighbourhood Subject Property Council Report Page 5 of 10

8 Attachment C- Official Community Plan (OCP) Designation Subject Property Council Report Page 6 of 10

9 Attachment D Images of Property Figure 1: Property fronting Dauphin Avenue Figure 2: Looking North on Dauphin Avenue Council Report Page 7 of 10

10 Attachment E Site Plan 2.4m 1.5m 8.8m Council Report Page 8 of 10

11 Attachment F Draft DVP Council Report Page 9 of 10

12 Council Report Page 10 of 10