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Prior to the commencement of this
appeal a 15 minute recess was requested to allow the Board members an
opportunity to review a submission received prior to the hearing.
MOVED BY Mr. Pound
SECONDED BY Mr. clark
THAT
the Board of Variance Hearing recess until 7:00 p.m.
CARRIED UNANIMOUSLY
The
Board of Variance recessed at 6:45 p.m.
MOVED BY Mr. Pound
SECONDED BY Mr. clark
THAT
the Board of Variance Hearing reconvenes.
CARRIED UNANIMOUSLY
The
Board of Variance reconvened at 7:05 p.m.
APPELLANT'S
SUBMISSION
Raffaele and Associates submitted an
application, on behalf of the homeowners, requesting a relaxation of the
zoning bylaw to allow for construction of a new home.
Mayumi Hasegawa and Trevor Toy,
Raffaele and Associates, and homeowners appeared before members of the Board
of Variance.
BURNABY
PLANNING AND BUILDING DEPARTMENT COMMENTS
This property was the subject of an
appeal before the Board on 2016 October 06 (BV 6246). A variance was sought to
allow for the construction of a new single family dwelling, with a secondary
suite and an attached garage, observing a front yard setback of 29.53 ft.
where a minimum front yard setback of 114.5 ft. (based on front yard
averaging) is required at the Government Road frontage. The appeal was denied
by the Board of Variance.
Subsequently, in response to the
concerns raised by the neighbours at the hearing, the applicant has revised
the proposal. The revised proposal relocates the principal building 14.28 ft.
further away from the front property line, which results in the 43.81 ft.
front yard setback. The relocation of the proposed dwelling to the rear of
the lot is achieved by “slicing off” a portion of the southwest corner of the
dwelling, in order to accommodate the angled portion of the environmental
setback required along the west side property line, which results in approximately
the 146.7 sq. ft. reduction in gross floor area. Further, the overall
building depth is proposed to be reduced from 60.0 ft. to 54.83 ft., by
decreasing the front porch depth (from 6.83 ft. to 4.0 ft.) and by
eliminating the rear patio roof cover (2.33 ft. deep). Finally, the concrete
stair access to the cellar and the slightly raised concrete patio
(approximately 9.0 ft. deep) to the rear of the dwelling, which were
indicated in the previous appeal, are no longer proposed.
The revised front yard setback is an
improvement to the previously proposed setback. Therefore, this Department’s
comments remain similar to the comments provided for the 2016 October 06
appeal.
As a reminder, the subject site, zoned R1
Residential District, is located in the Government Road neighbourhood in
which the age and condition of single family dwellings vary. This interior
lot, approximately 100.0 ft. wide and 155.09 ft. deep, fronts onto Government
Road to the north. The subject site abuts single family residential lots to
the east and south and further west. Vehicular access to the subject site is
proposed to be retained from Government Road; there is no lane access. The
subject property observes a downward slope of approximately 11.2 ft. from the
northeast corner to the southwest corner, which contains the Eagle Creek
ravine.
Eagle Creek, a Class A fish bearing
stream, runs
in close vicinity to the southwest (rear) portion of the subject site. As
such, this proposal is subject to the Streamside Protection and Enhancement
Area (SPEA) regulation provided in Section 6.23 of the Zoning Bylaw. This
bylaw reflects the City’s long standing policies for protecting the
environment and protecting and enhancing open streams and fish habitat in the
City. For this segment of Eagle Creek, in relation to the subject lot, a 30
meter SPEA, measured from the top of bank, is required. In cases where the
full Bylaw-required SPEA makes development of the lot unfeasible, an application
to vary the SPEA can be made to the Environmental Review Committee (ERC). The
ERC makes recommendations to the Director of Planning and Building who has
the authority to vary the boundaries of the SPEA. Any variance must also
ensure compliance with federal and provincial regulations for fish habitat.
In April 2016, the Environmental
Review Committee (ERC) supported the application to vary the SPEA from 98.4
ft. (30.0 m) to a variable setback, ranging from 49.2 ft. (15.0 m) to 75.5
ft. (23.0 m) consistent with the “SPEA Protection Zone” at the southwest
(rear) portion of the subject site. The width of the variable setback was
determined by a Qualified Environmental Professional (QEP) and is the minimum
distance possible for this reach of Eagle Creek to also ensure compliance
with provincial regulations. The requested variance was approved by the
ERC/Director, subject to the following conditions: 1) permanent fencing and
enhancement of the SPEA with native plantings, 2) provision of a 26.3 ft.
(8.0 m) meter wide space for formal rear yard, measured from the south
boundary of the “potential development area” (since the SPEA is no longer
available for typical rear yard uses) and 3) registration of a restrictive
covenant protecting the SPEA and formal rear yard.
The registration of the covenant is
now in progress. In addition, a Greater Vancouver Sewerage and Drainage
District (GVS&DD) easement, which generally follows the creek alignment,
occupies the southwest corner of the subject lot.
Location of the above mentioned
covenants and easement would result in an approximately 55.82 ft. (17.01 m)
deep “no built” zone along the rear property line which would significantly
restrict the developable area within the property. In this context and
considering the required averaged front yard (114.5 ft.), no developable area
would be available on the subject site.
This appeal proposes the relaxation
of Section 101.8 – “Front Yard” of the Burnaby Zoning Bylaw from 114.5 ft.
(based on front yard averaging) to 43.81 ft. The purpose of this variance is
to allow the construction of a single family dwelling encroaching into the
required front yard abutting the Government Road. Section 6.12 – “Yards” of
the Zoning Bylaw allowing specific projections into the front yard will also
be applicable.
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 the established neighbourhoods. Several text
amendments to the Zoning Bylaw were made to address these concerns, including
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. The larger front yard requirement should be calculated
through the “front yard averaging”. The intent of the amendment was to
improve the consistency and harmony of the new construction with the existing
neighbourhood.
To calculate the required front yard
of the subject property (front yard averaging), the front yard of the two
neighbouring properties immediately west of the subject site, at 7732 and
7750 Government Road, and the two neighbouring properties immediately east of
the subject site, at 7798 and 7814 Government Road, were calculated. These front
yards are 179.6 ft. and 137.0 ft. for the properties to the west and 73.8 ft.
and 67.6 ft. for the properties to the east, respectively. All four
neighbouring properties affect these calculations, particularly the two lots
immediately west of the subject site, which are approximately 307.0 ft. deep
(the two lots immediately east of the subject site are approximately 230.0
ft. deep). The neighbouring properties’ average front yards, measured from
the front property line to the outermost section of the building (none of the
buildings has a front porch), calculated as 114.5 ft.
The proposed new front yard of the
subject property is measured to the posts of the front porch of the proposed
dwelling as 43.81 ft. The porch, which measures 19.18 ft. wide and 4.0 ft.
deep (reduced), would be located off center to the east of the front
elevation. The main body of the dwelling would observe various setbacks from
the front porch post, up to 8.0 ft. at the northeast corner and up to 12.0
ft. at the northwest corner, resulting in a setback of 51.81 ft. and 55.81
ft., respectively, from these corners to the front property line. The upper
floor would be generally aligned with the main floor at the front.
According to the new proposed front
yard, the proposed dwelling will be located 29.99 ft. further to the north
compared to the detached garage on the neighbouring property to the east.
This property was recently redeveloped, following a successful appeal to the
Board of Variance in August 2011 (BV 5922) with respect to the front yard
setback and height of the accessory building (detached garage). According to
the Building Permit drawings (BLD 11-01085) the principal building at this
property observes a front yard setback of 111.56 ft. Therefore, considering
the proposed new front yard setback (43.81 ft.) and the proposed new dwelling
depth of 54.83 ft., including the front porch, there would be no direct
overlap between the two dwellings. The existing dwelling on the subject site
partly overlapped the neighbouring residence to the east (the existing
dwelling on the subject site, which is now demolished, observed a front yard
setback of 83.8 ft.). Further, since the proposed dwelling features a limited
amount of windows at the upper level facing east toward the neighbouring property,
the proposed front yard would have minimal impacts on the neighbouring
residence to the east. At the hearing however, a concern was raised by the
owner of this property with respect to the views from their upper floor
balcony, located at the northeast portion of the front (north) elevation.
According to the Building Permit drawings (BLD 11-01085) this balcony is
located approximately 28.0 ft. away from the shared (west) property line.
This generous distance and the additional 9.42 ft. of the side yard setback
proposed at the northeast corner of the subject dwelling, would help moderate
massing impacts created by the proposed reduced front yard setback.
With respect to the neighbouring
property to the west, considering the location of the neighbouring residence
at the rear of the property, as well as a complete visual separation provided
by the
mature greenery of the Eagle Creek tributary area between the two properties,
this proposal would have minimal impact on the neighbouring residence to the
west.
The proposed front yard has minimal
impact on the neighbourhood context, as the neighbouring properties’ front
yard in the block vary significantly, ranging from approximately 14.8 ft.
(third property west of the subject lot) to 179.6 ft. (second property west
of the subject lot). Considering the neighbouring block directly opposite the
subject area, the neighbouring properties observe generally unified front
yard setback in the 80.0 – 85.0 ft. range, with the exception to the two
properties at 7709 and 7731 Government Road. Eagle Creek runs through the
rear portion of the property at 7709 Government Road (which is a trapezoid
shaped lot, approximately 130.0 ft. deep, on average) and through the front
portion of the property at 7731 Government Road (which is an irregular lot,
approximately 200.0 ft. deep). As a result, there is approximately a 60.0 ft.
difference in the depth of these two properties’ front yards (these front
yards are approximately 38.0 ft. and 98.0 ft., respectively). In this
context, the proposed siting of the subject dwelling would not be out of
ordinary within the existing streetscape.
Moreover, given the presence of the
stream setback and sewer easement on the subject site, the transitioning of
the front yard setback forward is suitable for the subject site.
For all of the reasons stated above,
as well as considering the efforts made by the applicant to address the
comments from the neighbour to the west, this Department does not object to
the granting of this variance.
ADJACENT
OWNER’S COMMENTS
A submission was received on behalf
of the owners/occupants of 7798 Government Road in opposition to the proposed
variance. The submission advised that the front yard setback variance would
affect the use and enjoyment of their home, as well as adversely impacting
the area.
The submission also included a
letter from the owners/residents of 7798 Government Road citing that the
front yard variance would obstruct sunlight into the entrance of their home
and create a view of the rear of the prosed home from the balcony of 7798
Government Road. The owners/residents also stated that the proposed plan
would devalue properties in the surrounding area.
As part of the submission, form
letters in opposition to the front yard variance were included . Letters
were received from owners/residents at 7709, 7755, 7785, 7798, 7959, 7969 and
8017 Government Road.
A letter from the owners/residents
of 7731 Government Road was received as part of the submission package
advising that they are not formally opposed to the variance as they are not
directly affected by it, but they supported the concerns voiced by the
owners/residents of 7798 Government Road.
Letters in support of the variance
were received from 7468, 7478, 7508, 7732, 7750 and 7775 Government Road.
Letters were received both in
support and opposition from owners/residents at 7765 Government Road.
The owner/occupant of 2948 Phillips
Avenue, appeared before the Board of Variance advising that he is a member of
the Burnaby Streamkeepers. The speaker requested that the Streamside
Protection and Enhancement Area be maintained on Eagle Creek and that the
Burnaby Streamkeepers are ensured access to the creek.
A representative and the
owner/occupant for 7798 Government Road appeared in opposition to the appeal
advising that the variance would adversely affect the use and enjoyment of
their home.
No
further submissions were received regarding this appeal.
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