NOTICE OF DEVELOPMENT VARIANCE PERMIT (362 MACDONALD STREET) This is to advise that Council will consider a Development Variance Permit respecting Lot 6, District Lot 188, SDYD, Plan 17947 located at 362 MacDonald Street, Penticton, BC. The applicant proposes to vary Section 8.8.4.2 of Zoning Bylaw 2011-23 to increase the maximum gross floor area of a carriage house from 90m 2 to 110m 2. A copy of the staff report to Council and Permits will be available for public inspection from Friday, September 21, 2012 to Monday, October 1, 2012 at the following locations: Location Address Hours 1 City Hall 171 Main Street 8:30am to 4:30 pm Monday Friday Penticton Public Library Penticton Community Centre City Webpage 325 Power Street During Hours of Operation 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 ) http://www.penticton.ca/en/meta/city-news/latestnews.html Anytime Council will consider this application at its Regular Meeting scheduled for Monday, October 1, 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 email no later than 12 Noon, Monday, October 1, 2012 to Attention: Corporate Officer, City of Penticton, 171 Main Street, Penticton, BC V2A 5A9; Email: publichearings@penticton.ca. No letter, report or representation from the public will be received by Council after the conclusion of the October 1, 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) 490-2400 prior to the meeting. For more information on this application please contact the Planning Department at (250) 490-2501. Dated this 20 th Day of September 2012 Anthony Haddad, MCIP Director of Development Services 1 Please note that hours are subject to change. ADDRESS\Macdonald St\362\2012-MP1294\2012-DVP-PL059\NOTICES\2012-09-20 Public Notice DVP.doc
Subject Property Map 1 2 920 920 920 920 920 558-495 Lot 14 Lot 13 R. P. 1 7 9 4 7 Lot 12 Lot 11 903 903 903 903 903 921 921 921 921 921 368-493 913 913 913 913 913 Lot 7 Lot 1 R.P. 39581 931 931 931 931 931 BARRINGTON AVE 900-1000 RD 800-900 896 896 896 896 896 902 902 902 902 902 932 932 932 932 932 R. P. 1 7 9 4 7 368-493 932 932 932 932 932 Lot A Lot 10 Lot 9 Lot 8 951 951 951 951 951 952 952 952 952 952 341 341 341 341 341 Lot 7 331 331 331 331 331 351 351 351 351 351 950 950 950 950 950 505-051 MacDONALD ST 362 362 362 362 362 JOHNSON RD 900-1000 Lot 6 Lot A KA R.P. 17947 298 298 298 298 298 312 312 312 312 312 332 332 332 332 332 352 352 352 352 352 Lot 1 Lot 2 Lot 3 Lot 4 342 342 342 342 342 Lot 5 R. P. 1 7 9 4 7 4 R.P. 17947 0 R. P. 4 3 3 5 7 R. P. 1 3 9 8 1 Lot 1 1001 1001 1001 1001 1001 Lot 5 Lot 6 Lot 3 402 402 402 402 402 Lot 2 REM. L Lot t A Lot 4 168 168 168 168 168 172 172 172 172 172 1013 1013 1013 1013 1013 R.P. 152 152 152 152 152 180 180 180 180 180 KRUGER PL 100-200 1020 1020 1020 1020 Lot L t 3 146 146 146 146 146 JOHNSON RD 10 ADDRESS\Macdonald St\362\2012-MP1294\2012-DVP-PL059\NOTICES\2012-09-20 Public Notice DVP.doc
Director AH City Manager COUNCIL REPORT DATE: October 1, 2012 File No: DVP PL2012-059 TO: Annette Antoniak, Chief Administrative Officer FROM: Blake Laven, Planner ADDRESS: 362 MacDonald Street LEGAL: Lot 6, DL 188, SDYD, Plan 17947 PURPOSE: To vary the size requirements to permit the construction of a carriage house. APPLICANT: Ironwood Residential Construction (For Adam and Anne Benn) 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 31 of Development Procedures and Delegation Bylaw 2010-92) THAT the application for a Development Variance Permit for Lot 6, District Lot 188, SDYD, Plan 17947, located at 362 MacDonald Street, to increase the permitted gross floor area of a carriage house from 90m 2 to 110 m 2 be supported. FINANCIAL IMPLICATIONS: N/A BACKGROUND: The subject property (Attachment A ) is a large single family lot located at the end of a cul-desac in the Uplands area of the city. The lot features one single detached dwelling. The applicants are proposing to construct a carriage house to house their aging relatives. Given the steep topography of the lot, the carriage house has a natural basement area that the applicants wish to utilize. Finishing this basement area, however, puts the square footage of the carriage house above what the zoning bylaw permits. Proposal The applicants are requesting development variance permit approval to increase the permitted floor area of a carriage house from a maximum of 90m 2 to a maximum of 110m 2. Development Statistics Permitted Provided Required Site Area: 500 m 2 1133 m 2 Height: 7.5m max 7.42m Siting: No closer to front lot line than Conforms to bylaw principal dwelling Floor Area: 90m 2 max 110 M 2 total on two floors Lot Coverage 40% max 22% Page 1 of 12
Engineering and Public Works Review Engineering and Public Works staff have reviewed the application and have provided the applicant with a list of requirements that will need to be addressed during the building permit approval process if the subject application is successful. Engineering and Public Works staff do not recommend any conditions for development variance permit approval at this time. ANALYSIS: Support When considering an application to vary a City bylaw Council should take into consideration: whether there is a hardship that makes following the bylaw difficult or impossible; whether a variance to the bylaw is reasonable; and whether deviating from the bylaw will have a negative impact on neighbouring residences. In this case, staff find that there isn t necessarily a hardship, but the topography of the lot naturally lends itself to having a second floor (walkout basement). Instead of having all of the floor area on one floor and creating empty space underneath a projecting slab, the designer followed the slope of the lot and created a smaller, two storey structure. With the two storeys, and given the amount of area that it takes for stairs etc, the floor area for the carriage house is slightly higher than what the bylaw permits (110m 2 proposed vs. 90m 2 permitted). Compounding the issue is the fact that one of the intended residents of house is in a wheel chair, which requires wider hallways, larger washrooms and bedrooms and a lift on the stairs. Given all of the above, the variance is still minor and staff consider that the intent of the carriage house regulations are still being adhered to. As for the impact on the neighbourhood, staff find that the increase in floor area will not have a negative effect. The building footprint of the carriage house is still within the permitted size for carriage houses in the R1 zone. Furthermore, from MacDonald Street, the building appears to only be one storey in height (Attachment C ) and is designed in a similar architectural style as the principal dwelling on the property (vertical siding cladding material). There are no lots to the rear of the subject property, as the property is directly adjacent to Johnson Road. A landscape buffer between the proposed building and Johnson Road will remain in place and enhanced. Staff find that approval of the variance will not have a negative impact on the neighbourhood and that the request is reasonable. Furthermore, the building meets all other regulations for carriage house construction. As such, staff recommends that Council support the variance and direct staff to issue the permit. Deny Council may feel that the variance is not reasonable. If that is the case, Council may refer the application back to staff with instructions that Council sees fit, or deny the variance. If Council were to deny the variance, the applicant would be required to redesign the building to conform to the bylaw, or not proceed with the project. Page 2 of 12
ALTERNATE RECOMMENDATIONS: 1. That the rezoning application is not supported and the development variance permit and development permit be denied. 2. That the rezoning amendment bylaw is given first reading with the condition that the development permit and development variance permit applications are referred back to staff with instructions that Council feels are appropriate. ATTACHMENTS: Attachment A: Attachment B: Attachment C: Attachment D: Subject property location map Images of property Site plan and elevations Draft Permit Respectfully submitted, Blake Laven, RPP, MCIP Planner Page 3 of 12
ATTACHMENT `A` Subject Property Location Map Page 4 of 12
ATTACHMENT `B` Images of Subject Property PROPOSED LOCATION OF CARRIAGE HOUSE Figure 1: View of subject property from MacDonald Street looking south PROPOSED LOCATION OF CARRIAGE HOUSE Figure 2: View of subject property from Johnson Road Page 5 of 12
ATTACHMENT `C` Site Plan and Elevations of Proposed Carriage House Page 6 of 12
ELEVATION FROM MACDONALD STREET ELEVATION FROM JOHNSON ROAD Page 7 of 12
ATTACHMENT `D` Draft DVP Permit Page 8 of 12
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