APPELLANT’S SUBMISSION:
David
Lin, Architect, submitted an application for relaxation of the Burnaby Zoning
Bylaw to allow for construction of his clients’ new home.
Mr.
Lin appeared before members
of the Board at the Hearing.
BURNABY PLANNING AND
BUILDING DEPARTMENT COMMENTS:
The subject site, which
is zoned R2 Residential District, is located in the Capitol Hill
neighbourhood, in which the age and condition of single family dwellings
vary. This
trapezoid interior lot, approximately 50.0 ft. wide and 123.7 ft. deep along
its longer northwest property line, fronts onto Bessborough Drive to the
southwest and borders a lane at the rear to the northeast. The rear lane runs
at angle in relation to Bessborough Drive, which is reflected in the angled
alignment of the rear property line. The subject site abuts single
family residential lots to the northwest and southeast. Vehicular
access to the subject site is proposed to be retained from the rear lane to
the northeast.
The site
observes a significant downward slope from the front southwest portion of the
lot to the rear northeast portion, dropping 37.4 ft. over 123.7 ft.
The subject lot is
proposed to be re-developed with a new single family dwelling, with a
secondary suite and detached garage, for which three variances have been requested.
The first a)
appeal proposes
the relaxation of Section 102.8 – “Front Yard” of the Burnaby Zoning Bylaw
from 24.6 ft. to nil. The purpose of this variance is to allow construction
of a new single family dwelling encroaching into the required front yard
abutting the Bessborough Drive. Section 6.128 – “Yards” of the Zoning Bylaw
allowing specific projections into the front yard will also be applicable.
The intent of the front yard
requirements the Zoning Bylaw is to mitigate the massing impacts of the
buildings and structures on the neighbouring properties and to preserve a
unified streetscape.
The second b) appeal is to vary
Section 102.7(b) – “Depth of Principal Building” of the Zoning Bylaw from
58.24 ft. to 73.11 ft. (based on 50 percent of the lot depth) to allow
construction of a new single family dwelling.
The intent of the principal building
depth requirements of the Zoning Bylaw is to prevent construction of the
dwellings that present long imposing walls, where the massing of the building
impacts the neighbouring properties.
The third c) appeal is
to vary Section 102.6(1)(a) – “Height of Principal Building” of the Zoning
Bylaw from 29.5ft. to 35.45 ft., as measured from the rear average grade, to
allow construction of a new single family dwelling with a sloping roof.
The intent of the height
requirements of the Zoning Bylaw is to mitigate the massing impacts of the
new buildings and structures on neighbouring properties and to preserve
the views.
With respect to the
first a) and second b) variance, it appears that the front yard relaxation
request and the building depth relaxation request is related to the
applicant’s desire to provide a level access from the front property line to
the proposed dwelling. This desire is proposed to be accomplished by
adding/connecting an open bridge structure to the front of the dwelling. The
4.18 ft. wide bridge, consisting of metal railing/decking, would be
slightly raised (1.1 ft.) from grade at the front property line towards the
dwelling and connect at the upper floor level to the fully recessed front
porch (proposed slightly off center to the northwest of the front elevation).
Due to the site’s
dropping terrain, the bridge structure would have to span across the entire front
yard of 24.61 ft. As a result, the front yard setback would be reduced to
nil. The main body of the dwelling (excluding the bridge structure) would
observe the 24.61 ft. setback which is the minimum front yard setback
required.
Consequently, the bridge
structure would contribute 24.61 ft. to the overall building depth. Otherwise, the main body of
the dwelling would observe a building depth of 48.5 ft. which is
substantially less than the maximum allowed building depth by the Zoning
Bylaw (58.24 ft.).
The small massing of the
bridge structure would not create noticeable impacts on the neighbouring
properties to the sides and the neighbouring properties across Bessborough
Drive to the southwest which are at higher levels.
In summary, considering
the challenging topography of the subject site and the negligible impacts on
the neighbouring properties, this Department does not object to the granting of
the first a) and the second b) variance.
With respect to the
third c) variance, it appears that the building height relaxation request is
partly related to the topography of the site and partly related to the design
choices. In
this case, the height calculation is based on the proposed grade at the rear
elevation. A substantial grade difference from the front to the rear of the
subject site contributes to the excess height. It is also noted that the
proposed dwelling would observe a height of 21.83 ft. when viewed from the
front property line, which is considerably less than the maximum height allowed by
the Zoning Bylaw (29.5 ft.).
The proposed 5.95 ft. height
encroachment occurs over the entire building width (38.5 ft.) as viewed from
the rear elevation. The encroachment starts just above the top of the
window/door level at the upper floor and continues to the highest point of
the roof which, in this case, is the top of the main roof fascia board. The
roof is proposed to slope up and out (“reversed” slope), in a ratio of 4 in
12 which meets the criteria of a sloping roof, along the entire rear
elevation.
The main body of the proposed
dwelling, where the roof height encroachment occurs, will be sited at least
37.58 ft. from the rear property line (at its east rear corner which is the
closest corner to the angled rear property line). This siting would not
affect the views of the neighbouring residence immediately to the northwest,
which are predominantly directed to the northeast. Also, due to the sloping
terrain, the proposed dwelling would be partly underground, thus
substantially reducing the building height as viewed from the northwest side
elevation. However, with respect to the neighbouring property to the
southeast, the existing residence on this property is placed on angle in
relation to other dwellings in the subject block, with views oriented more to
the north (as compared to the views oriented to the northeast of the other
residences in the subject block). Therefore, there is a concern that the over
height portion of the proposed dwelling, at its east rear corner would be in
direct conflict with the views to the neighbouring residence to the
southeast.
Further, the proposed “reversed”
roof edge would appear as a flat roof edge along the rear (and front)
elevation. A flat roof is typically associated with stronger massing impacts
along the edges, which is reflected in lower height allowances permitted by
the Zoning Bylaw. A sloping roof typically involves a sloping design that
minimizes the roof massing above the fascia board level, which is reflected
in higher height allowances permitted by the Zoning Bylaw. Therefore, there
is a concern that the proposed excess height will create a large negative
impact on the neighbouring dwelling directly opposite the subject site to the
northeast (across the lane) which is at a lower level.
In summary, although it is
recognized that the challenging topography of the subject site is a
contributing factor, the requested major height variance is a result of the
design choices and will
create negative impacts on the neighbouring properties. Therefore, this Department
cannot support the granting of this third c) variance.
ADJACENT
OWNER’S COMMENTS:
A letter was received from the
homeowners of 5640 Bessborough Drive opposing the appeal to the principal
building height. The owners expressed concern that, if the variance were
allowed, the new construction would significantly block their view and
diminish their enjoyment of their own property, and reduce the value of their
home.
An email was received from the
homeowners of 5649 Bessborough Drive opposing the appeal to the principal
building height. The owners advised that they feel the height of 35.45 feet
takes away from the aesthetics of the street, and disrupts the neighbours’
views.
A letter was received from the
homeowner of 5660 Bessborough Drive requesting the principal building height
variance not be allowed. The owner stated that he and others in the
neighbourhood purchased their homes for the views. If allowed, this appeal
would severely impact his and 5640 Bessborough Drive’s view as both
properties overlook the subject property to the North Shore Mountains, Indian
Arm and Burrard Inlet. The owner noted that the variance is one of design
choice and not hardship and made the following points: 1) a flat roof design
would lessen the height impact and still provide the same floor area and
number of storeys; 2) the floor to ceiling heights in each of the levels is 9
feet or greater; and, 3) the applicant has chosen a large, monolithic shed
roof design presenting a large expansive unattractive face to the homes
south.
Nick Tabako, 5655 Bessborough Drive,
appeared and spoke in opposition to the appeal for a front yard setback and
principal building depth. Mr. Tabako stated he does not oppose the principal
building height if it is going to be the same height or lower than his home.
Edward Jones and Elisabetta
Chioccarello, 5640 Bessborough Drive, appeared and spoke in opposition to the
appeal for the principal building height.
*Mr. Pound left the Hearing at
7:20 p.m.
*Mr. Pound returned to the
Hearing at 7:22 p.m.
No further submissions were received
regarding this appeal.
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