Agenda Board of Variance Committee Meeting 10150 Bottom Wood Lake Road Lake Country, British Columbia V4V 2M1 Ph: 250-766-5650 Fax: 250-766-0116 lakecountry.bc.ca Date: Tuesday, December 20, 2016 Time: Place: Chair: 7:00 p.m. Winfield Room, Municipal Hall 10150 Bottom Wood Lake Road Paul Mier 1. Adoption of Agenda THAT the Board of Variance Committee Agenda for December 20, 2016 be adopted. 2. Introduction of Application BOV2016-001 File Number: BOV2016-001 Roll Number: 02121.022 Applicant: Gibson Contracting Civic Address: 8714 Heritage Drive Legal Description: Lot 7 Section 4, Twp. 20, ODYD Plan EPP44213 3. Applicant Presentation 4. Public Comment 5. Discussion 6. Close Meeting to Public for Deliberations THAT the meeting be closed to the public pursuant to Section 3(d) of District of Lake Country Board of Variance Bylaw 96-070. 7. Decision 8. Adjournment S:\Committees\Board of Variance\AGENDAS AND MINUTES\2016\Gibson Contracting-Lot 7 Heritage Estates\Agenda\2016- Agenda-Cancelled.docx
DISTRICT OF LAKE COUNTRY REPORT TO BOARD OF VARIANCE MEETING TYPE AND DATE: BOARD OF VARIANCE DECEMBER 20, 2016 FROM: BLESSY ZACHARIAH, PLANNER SUBJECT: LOTS 7, PLAN EPP44213 - VARIANCE TO BUILDING HEIGHT FILE #: BOV2016-001 (HOLLEY) PURPOSE: To consider a request to increase the building height regulations for the subject property by 2.87 m (9-5 ). EXECUTIVE SUMMARY: A Board of Variance may deal with minor variances in situations where compliance with a Zoning Bylaw regulation (regarding siting, dimensions or size of a building or structure, siting of a manufactured home, etc.) would cause a person undue hardship. Division 15 of Part 14 of the Local Government Act indicates what the Board of Variance shall consider, the requirements for notification and that the decision of the Board is final. Provided the Board finds that the applicant would endure undue hardship the Board can render a decision to grant or deny the variance request. The property is zoned RU1 Single Family Housing in Zoning Bylaw 561. This zone allows for the construction of a single family dwelling. The Zoning Bylaw contains provisions for sight line protection for adjacent uphill property owners (Section 7.13). The intent of this protection is to prevent development from significantly diminishing views of the adjacent uphill property owner(s). Grades on the subject property exceed 10%, which means building and structure heights are limited by Section 7.13 of Zoning Bylaw 561, 2007. The proponent is claiming hardship and is requesting a variance to build a single family dwelling using the height provisions contained in the RU1 Single Family Housing zone schedule and not be required to further reduce the building height per Section 7.13 meant to protect views of upland property owners. The proposed dwellings will not exceed 2 ½ storeys or the maximum 9.5 metre building height specified in the zone schedule. Application of Section 7.13 in this case restricts building and structure height to a maximum of 5.5 metres greater than the elevation of the midpoint of the front property line of the adjacent uphill property. S:\Roll Files\02121.022\Applications and Permits\Board of Variance\BOV2016-001
2 Application Type Board of Variance File Number: BOV2016-001 Roll Number: 02121.022 Proponent: Gibson Contracting Owner(s): Heritage Ridge Estates Ltd. Legal Description: LOT 7 Section 4 Township 20 ODYD PLAN EPP44213 PID 029-508-908 Civic Address: 8714 Heritage Drive OCP Designation: Urban Residential Zoning Designation: RU1; Single Family Housing Land Use Contract NO ALR: NO Parcel Size: 0.050 Hectares (0.125 acres) Site Summary: Zoning: Use: North: RU1; Single Family Housing Vacant East: RU1, Single Family Housing Residential South: RU1; Single Family Housing Residential West: RR2; Rural Residential 2 Residential Subject Property S:\Roll Files\02121.022\Applications and Permits\Board of Variance\BOV2016-001
3 BACKGROUND/HISTORY: This subdivision was registered on March 12, 2015 creating 20 new single family lots (Attachment A). The owner of Lot 1, which is adjacent to a upland property designated as a park, applied for a Development Variance Permit in June of 2015 to allow the proposed dwelling to be exempted from Section 7.13 of the zoning bylaw. That variance was approved by Council on July 21, 2015. The developer of the subdivision applied for a blanket variance for the same height relaxation approved for Lot 1 on all of the downslope properties in the subdivision. Council adopted the following resolution on September 15, 2015: It was moved and seconded 15.09.230 THAT Development Variance Permit DVP2015-016 for Lots 2 through 14, all within Section 4, Township 20, ODYD, Plan EPP44213, be denied. Carried. OPPOSED: Councillor Geier. The owner of Lot 11 then applied to the Board of Variance to be exempted from Section 7.13 of the zoning bylaw. This proposal went before the Board of December 10, 2015 and was granted. At that time, only Lots 14 and 16 had received building permits. As of December 2016, all lots except for the subject lot and Lots 8, 10 and 20 have received building permits. All existing homes on downslope properties comply with the height restriction of Section 7.13, except for homes on Lots 1 and 11 which were previously granted a variance. S:\Roll Files\02121.022\Applications and Permits\Board of Variance\BOV2016-001
4 DISCUSSION/ANALYSIS: Upon subdivision, the properties were pre-graded to ensure suitable building platforms and proper drainage. Views of Lot 16 and Lot 17 will be affected should this variance request be granted. Both of these lots have existing homes on them which may have been designed to take advantage of the view assured on the basis of Section 7.13. While the habitable area of the second floor is under 47% of the footprint of the main floor, the variance for height is applied to over 80% of the second storey. APPLICABLE POLICIES AND LEGISLATION: Local Government Act: Application for variance or exemption to relieve hardship 540 A person may apply to a board of variance for an order under section 542 [board powers on application] if the person alleges that compliance with any of the following would cause the person hardship: (a) a bylaw respecting (i) the siting, size or dimensions of a building or other structure, or (ii) the siting of a manufactured home in a manufactured home park; (b) a subdivision servicing requirement under section 506 (1) (c) [provision of water, sewer and other systems] in an area zoned for agricultural or industrial use; (c) the prohibition of a structural alteration or addition under section 531 (1) [restrictions on alteration or addition while non-conforming use continued]; (d) a bylaw under section 8 (3) (c) [fundamental powers trees] of the Community Charter, other than a bylaw that has an effect referred to in section 50 (2) [restrictions on authority preventing all uses] of that Act if the council has taken action under subsection (3) of that section to compensate or mitigate the hardship that is caused to the person. Notice of application for variance 541 (1) If a person makes an application under section 540, the board of variance must notify all owners and tenants in occupation of (a) the land that is the subject of the application, and (b) the land that is adjacent to land that is the subject of the application. (2) A notice under subsection (1) must state the subject matter of the application and the time and place where the application will be heard. (3) The obligation to give notice under subsection (1) is satisfied if the board of variance made a reasonable effort to mail or otherwise deliver the notice. Board powers on application 542 (1) On an application under section 540, the board of variance may order that a minor variance be permitted from the requirements of the applicable bylaw, or that the applicant be exempted from section 531 (1) [alteration or addition while non-conforming use continued], if the board of variance (a) has heard the applicant and any person notified under section 541, S:\Roll Files\02121.022\Applications and Permits\Board of Variance\BOV2016-001
(b) finds that undue hardship would be caused to the applicant if the bylaw or section 531 (1) is complied with, and (c) is of the opinion that the variance or exemption does not do any of the following: (i) result in inappropriate development of the site; (ii) adversely affect the natural environment; (iii) substantially affect the use and enjoyment of adjacent land; (iv) vary permitted uses and densities under the applicable bylaw; (v) defeat the intent of the bylaw. (2) The board of variance must not make an order under subsection (1) that would do any of the following: (a) be in conflict with a covenant registered under section 219 of the Land Title Act or section 24A of the Land Registry Act, R.S.B.C. 1960, c. 208; (b) deal with a matter that is covered in a land use permit or covered in a land use contract; (c) deal with a matter that is covered by a phased development agreement under Division 12 [Phased Development Agreements]; (d) deal with a flood plain specification under section 524 (3); (e) apply to a property (i) for which an authorization for alterations is required under Part 15 [Heritage Conservation], (ii) for which a heritage revitalization agreement under section 610 is in effect, or (iii) that is scheduled under section 614 (3) (b) [protected heritage property] or contains a feature or characteristic identified under section 614 (3) (c) [heritage value or character]. (3) In relation to an order under subsection (1), (a) if the order sets a time within which the construction of the building, structure or manufactured home park must be completed and the construction is not completed within that time, or (b) if that construction is not substantially started within 2 years after the order was made, or within a longer or shorter time period established by the order, the permission or exemption terminates and the bylaw or section 531 (1), as the case may be, applies. (4) A decision of the board of variance under subsection (1) is final. Zoning Bylaw: The property is zoned RU1 Single Family Housing. Permitted uses relating to this application include a singlefamily dwelling. The maximum height permitted in the RU1 Single Family Housing zone is the lesser of 9.5 m or 2 ½ storeys. As the property slopes more than 10% the Section 7.13 Hillside Development Sight Lines regulation supersedes the typical 9.5 m height restriction in the zone schedule. This is intended to preserve views of adjacent uphill property owners. 5 S:\Roll Files\02121.022\Applications and Permits\Board of Variance\BOV2016-001
Attachment A Plan of Subdivision
Attachment B Site Plan
Attachment C - Elevation Drawings
DLC NOTE: VARIANCE REQUEST (APPROX.)
DLC NOTE: VARIANCE REQUEST (APPROX.)
DLC NOTE: VARIANCE REQUEST (APPROX.)
Attachment D Site Photos Looking south on Heritage Drive. 1 storey (maximum 5.5m houses) on the west, down sloping parcels except for the 2 storey house on Lot 1 that received a variance visible in the background. Looking north on Heritage Drive.
Existing house on Lot 16 (left) and Lot 17 (right). Subject property. Mountain view on the west side (not visible due to weather conditions when the above photograph was taken).
Attachment E - Applicant Correspondence