APPELLANT’S SUBMISSION:
Mr.
Dat Huynh, agent for the appellants submitted an application to allow for the
construction of a warehouse addition.
Margaret
and Doug Bezdan, appeared
before members of the Board of Variance at the Hearing.
BURNABY PLANNING AND
BUILDING DEPARTMENT COMMENTS:
The subject site, zoned M3 Heavy
Industrial District, is located in the West-Central Valley neighbourhood. The M3 District is
intended for the accommodation of special types of industry and heavy
industrial activities.
This interior lot, approximately
145.5 ft. wide and 131.8 ft. deep, fronts onto Graveley Street to the north. Directly across Gravely
Street to the north
are two lots containing residential dwellings. To the west, east and south
the subject site is bordered by
lots containing various industrial developments. Vehicle access to the site is
provided from Graveley Street; there is no lane access. The subject site is
restricted by the 10 ft. wide sanitary easement along the south (rear)
property line.
The subject site is improved with a
two-storey warehouse building, built in 1972, and associated parking and
landscape areas. In 1988, the Board of Variance granted the subject property
permission to retain an attached accessory building (storage shed) to the
rear of the existing warehouse building for two years (BV3440). The accessory
building observed a nil rear yard setback where a minimum rear yard setback
of 9.84 ft. is required. This Department did not object to the temporary
retention of the accessory building, which has since been removed.
This appeal concerns a proposed
second floor warehouse addition to the existing warehouse building.
The appeal is for the construction
of a warehouse addition to the existing warehouse building observing a nil
east side yard setback, where a minimum side yard setback of 19.69 ft. is
required when the other side yard setback is nil.
The intent of the Bylaw,
when adopted, was to upgrade the quality of industrial development in order
to increase its compatibility with other land uses.
The existing approximately 21.5 ft.
high warehouse building occupies the western two-thirds of the site, with the
remaining lot area utilized for parking/loading and frontage landscaping. The
existing building observes a nil side yard setback along the west side
property line.
The 58.75 ft. wide by 37 ft. deep
second floor addition is proposed in the south-east corner of the subject
site. The addition would be aligned with the existing building to the rear
and would span across the entire remaining lot width, from the east building
face to the east side property line. As a result, the 19.69 ft. wide portion
of the proposed addition, along the east side property line, would encroach
into the required east side yard setback. The proposed addition is raised
approximately 12 ft. above grade level to permit the existing loading and
parking function to continue underneath. The overall height of the proposed
addition is 39 ft., consistent with the four storey maximum building height
permitted in the M3 District.
It appears that, although the
massing of the proposed addition would be substantial, relatively few visual
impacts would result. To the east, the proposed addition would abut the
neighbouring single storey building, which observes a nil setback along the
shared side property line (this building observes a nil setback at both side
property lines and is legal non-conforming with respect to the side yard
setback requirements). The front and rear face of the proposed addition would
be in line with this existing building. Directly to the south, the proposed
addition would face the parking area of the neighbouring property at 1679
Gilmore Avenue. The existing building on this property, as well as the
existing building on the adjacent property to the west (4055 First Avenue),
front onto Gilmore Avenue to the east and First Avenue to the south
respectively. These buildings have no windows facing the subject property.
Massing impacts on the neighbouring residential dwellings across Graveley
Street to the north would be mitigated by a generous front yard setback of
approximately 85 ft.
Further, the subject property is
constrained by the lack of a rear lane, which increases the space required
for on-site maneuvering of vehicles and thus reduces the buildable area of
the site. By raising the floor of the proposed addition, the applicants have
devised a creative solution to increase floor area while maintaining parking
and loading functions underneath. Moreover, the location of the proposed
addition at the rear of the property, as noted above, minimizes the impacts
of the proposed nil setback. As such, this proposal appears to reach a
balance between satisfying parking and loading requirements, minimizing
impacts on the neighbourhood and meeting the applicant’s development needs.
Further, there is precedent for a
similar side yard setback relaxation within the subject block. The
neighbouring property immediately to the west (4040 Graveley Street) was
granted a relaxation of the side yard setback to nil, where a minimum side
yard setback of 19.69 ft. is required, by the Board of Variance in 2002 (BV
5015). Several other properties in the vicinity, constructed prior to the
adoption of the setback requirement, also enjoy nil side yard setbacks on
both sides.
In view of the above, although the
proposed variance is not strictly the result of hardship, this
Department does not object to the granting of this variance.
ADJACENT OWNER’S
COMMENTS:
An email was received on May 05,
from Jordan Parente, 4099 Graveley Street, in opposition to the appeal. Mr.
Parente advised that the variance would negatively impact livability,
aesthetics and property values in the neighbourhood. Mr. Parente also
expressed concern regarding further parking congestion on Graveley Street.
No further submissions were received
regarding this appeal.
In response to the parking concern,
Ms. Bezdan advised that they will still be able to provide the required
number of parking stalls.
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