APPELLANT’S SUBMISSION:
Mr.
Kevin Bui, designer, submitted an application for relaxation of the front
yard setback for construction of his client’s new home.
Mr.
Bui and Mr. Nguyen, home owner, appeared before members of the Board of
Variance.
BURNABY
PLANNING AND BUILDING DEPARTMENT COMMENTS:
The subject site, which
is zoned R5, is located in the Hillcrest District, where the age and
conditions of single and two family dwellings varies. This interior lot is
approximately 49.50 ft. wide along its Tenth Avenue frontage to the southeast
and 141.17 ft. deep. Single family dwellings abut the site to the west, and
the rear of a C2 zoned commercial property (which is addressed off Sixth
Street) lies to the east. Vehicular access to the subject site is provided
from the lane at the rear. The subject site is relatively flat, with a
downward slope of approximately 3.25 ft. over the 141.17 ft. from the Tenth
Avenue property line to the lane.
The subject lot is
proposed to be redeveloped with a new single family dwelling with a secondary
suite and a detached garage.
The appeal proposes the
relaxation of Section 105.9 of the Zoning Bylaw requirement for the minimum
front yard depth from 53.51 ft. (based on front yard averaging) to 30.70 ft.
In 1991, Council
responded to the public concerns with respect to the bulk and massing of the
newer and larger homes that were built in established neighbourhoods. Several
text amendments to the Zoning Bylaw were made to address these concerns,
including the requirement of a larger front yard where the average front yard
depth of the two dwellings on either side of the subject site exceeds the
required front yard applicable to the zone. Then, the front yard requirement
must be calculated through “front yard averaging.” The intent of the
amendment was to improve the consistency and harmony of the new construction
with the existing neighbourhood.
In this case, the front
yard averaging calculations are based on the two neighbouring properties to
the west, 7859 and 7853 Tenth Avenue. These front yards are 40.26 ft. and
66.75 ft. respectively. The commercial property to the east at 7885 Sixth
Street is not included in the calculation. The property at 7853 Tenth Avenue,
which was constructed in 1975, significantly affects the calculation.
The proposed front yard
setback is measured to the foundation of front façade of the new house. With
respect to the neighbouring residences to the west, little impact is
expected, as these residences would remain set further backward from the
proposed dwelling by 9.56 ft. and 36.05 ft. respectively. (The existing
dwelling on the subject site observes a front yard setback of approximately
22.52 ft., which is less than the 30.70 setback of this requested variance.)
Placing the house at the proposed location is a compromise and provides a
greater setback than the current dwelling observes. The proposal will allow
the new dwelling to fit in with the dwelling immediately to the west at 7859
Tenth Avenue, while still meeting all the Zoning requirements for the
required distance between the house and the detached garage, and the required
setback of the garage from the lane. This Department also notes that the
proposed 30.70 ft. setback is significantly deeper than the minimum front
yard depth in the R5 district which is 6 m. (19.67 ft.).
With reference to the
broader neighbourhood context, with the exception of 7853 Tenth Avenue (66.75
ft.) and 7811 Tenth Avenue (approximately 16.25 ft.), the proposed siting of
the new dwelling would be consistent with the majority of the dwellings
within the subject block.
In summary, since the
proposed front yard variance would not create negative impacts on the
neighbouring properties and the existing streetscape, this Department does
not object to the granting of this variance.
ADJACENT OWNER’S COMMENTS:
No submissions were received
regarding this appeal.
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