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CITY OF
BURNABY
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 Board of
Variance
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NOTICE
OF OPEN MEETING
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M I N U
T E S
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A Hearing of the Board of Variance
was held in the Council Chamber, Main Floor, City Hall, 4949 Canada Way,
Burnaby, B.C., on Thursday, 2016 February 04 at 6:00 p.m.
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1.
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CALL TO ORDER
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PRESENT:
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Ms.
Charlene Richter, Chair
Mr.
Guyle Clark, Citizen Representative
Mr.
Brian Pound, Citizen Representative
Mr.
Stephen Nemeth, Citizen Representative
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STAFF:
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Mr.
Maciek Wodzynski, Development Plan Technician
Ms.
Sharon Knapp, Development Plan Technician
Ms.
Eva Prior, Administrative Officer
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The Administrative Officer called
the meeting to order at 6:00 p.m.
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2.
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election of chairperson
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nominations for
Chairperson of the Burnaby Board of Variance were called for.
Mr. B. Pound nominated Ms. C Richter
for the position of Chairperson of the Board of Variance.
There were no further nominations
received.
MOVED BY MR. P. POUND
SECONDED BY MR. S. NEMETH
“THAT
Ms. C. Richter be appointed as Chairperson of the Burnaby Board of Variance
from 2016 February 04 to 2016 December 01.”
CARRIED UNANIMOUSLY
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3.
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MINUTES
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MOVED BY MR. P. POUND
SECONDED BY MR. S. NEMETH
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THAT the Hearing of the Burnaby
Board of Variance held on 2015 December 03 be adopted as circulated.
CARRIED UNANIMOUSLY
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The following persons
filed application forms requesting that they be permitted to appear before
the Board of Variance for the purpose of appealing for the relaxation of
specific requirements as defined in the Burnaby Zoning Bylaw 1965, Bylaw No.
4742.
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(a)
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APPEAL
NUMBER:
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B.V. 6203
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APPELLANT:
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Simmi
Brar
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REGISTERED OWNER OF PROPERTY:
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Harbinder and
Simmerjit Brar
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CIVIC ADDRESS OF PROPERTY:
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8050
Sussex Avenue
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LEGAL DESCRIPTION OF PROPERTY:
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Lot
1; District Lot; 157 Plan 1406
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APPEAL:
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An appeal for the
relaxation of Section 6.2(2) of the Burnaby Zoning Bylaw, which, if
permitted, would allow for the construction of an accessory building in a
required front yard at 8050 Sussex Avenue, located 10.0 feet from the east
property line and 4.0 feet from the south property line, where no accessory
building can be located in the required front yard. (Zone R2)
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APPELLANT’S SUBMISSION:
Simmi Brar submitted an
application to allow for the construction of an accessory building at 8050
Sussex Avenue.
Simmi Brar
appeared before members of the Board of Variance at the Hearing.
BURNABY
PLANNING AND BUILDING DEPARTMENT COMMENTS:
The subject property is a
large through lot that is 66.6 ft. wide and approximately 228.0 ft. deep. The
front façade of the existing house faces Sussex Avenue, and vehicular access
is taken from Sussex Avenue and McKee Street via a 15.0 ft. wide Statutory
Right of Way that runs the length of the north side yard. The subject lot
slopes in two directions: it ascends approximately 9.0 ft. from the front to
rear and descends McKee approximately 5.6 ft. in a southerly direction across
the McKee Street property line.
This is a through lot
because, in addition to the Sussex Avenue frontage, McKee Street provides a
32.0 ft. street frontage at the eastern side of the property. McKee Street
continues east from the subject property for 62.5 ft. between the front yards
of 4450 and 4460 McKee Street on the South and the front and side yard of
8029 Edson Avenue on the North. It is the only street access for 4450 and
4469 McKee Street which are located immediately south east of the subject
property.
The intent of the Bylaw
in prohibiting construction of accessory buildings in front yards is to
ensure a uniform streetscape and to limit impacts on neighbouring yards, such
as loss of privacy.
The proposed accessory
building, which consists of a heated changing area, sitting room and
bathroom, is located in the southeast corner of the property, adjacent to the
side yard of 4450 McKee Street. Three large windows are proposed on the front
elevation facing this neighbouring side yard. The proposed building is 20.0
ft. wide and 14.83 ft. tall, with a 10.0 x 12.0 ft. patio on the north side.
The building is intended to overlook a swimming pool in the center of the
rear yard that will be the subject of a separate building permit.
The proposed residence is
60.0 ft. long, and has a 40.83 ft. front yard setback on Sussex Avenue, where
24.6 ft. is required. The rear yard has been designed with three terraces,
each approximately 3.5 ft. lower than the previous one, starting with the
highest terrace next to McKee Street. This terrace is approximately 42 ft. deep
and contains the proposed accessory building. The middle terrace, where the
proposed pool would be located, is 52 ft. deep. The proposed pool has 16.0
ft. wide decks around the east and west sides, and approximately 13.0 ft.
wide decks on the north and south sides. It is noted that the pool could be
rotated 90 degrees and shifted northwards to accommodate an accessory
building on the middle terrace, outside of any required setbacks. It is also
noted that the 33.0 ft. deep lowest terrace between the rear of the house and
the retaining wall supporting the middle terrace contains a curving driveway
into the attached garage, which could be modified to allow the pool terrace
to be extended. The 15.0 ft. Statutory Right of Way has not had a negative
impact on the site planning of the property, as it provides vehicle access
from Sussex Drive, through the lot to McKee Street on the north side of the
property.
The proposed accessory
building encroaches into the required 24.6 ft. front yard setback by 14.6 ft.
The subject property is located at the terminus of McKee Street and is
oriented at a right angle to neighbouring properties on the south side of
McKee Street. The front property line of the subject property extends
approximately 33 ft. behind the front property line of all the properties on
the south side of McKee Street. As such, the proposed accessory building
extends 14.6 ft. in front of the dwelling at 4450 McKee. It is noted that the
trees on the southern side of the subject property between the two properties
will be removed. As a result, the accessory building will have little spatial
or visual separation from the front yard of 4450 McKee Street.
The dwellings on the
south side of McKee Street all have uniform 24.6 ft. front yard setbacks. The
placement of an accessory building within the front yard of the subject
property, which would project 14.6 ft. beyond the facades on the south side
of McKee Street, would be out of place. In addition, the placement of an
accessory building so close to the front yard of the adjacent dwelling could
adversely affect their privacy.
The siting of the
accessory building in this location is a design choice, as options exist to
locate it outside the required front yard setback, and in conformance with
the Bylaw. An alternative location in the middle terrace would create more
visual and auditory separation from 4450 McKee Street and preserve the
existing streetscape.
In summary, this is a
major variance that defeats the intent of the Zoning Bylaw. On a large lot
such as this, design solutions exist to conform to the Bylaw. As such, this
Department cannot support the granting of this variance.
ADJACENT
OWNER’S COMMENTS:
A petition letter was
received on February 4 in opposition to the proposed variance containing
signatures from owners/occupants at the following addresses: 4450 and 4460
McKee Street, 8009 and 8029 Edson, 8010, 8030 and 8069 Sussex Avenue, and
4388 Winnifred Street.
A separate item of
correspondence was received from owners of 8029 Edson Avenue in opposition, expressing
concern regarding the negative impact on the neighbourhood.
Mr. P. Kutak, 4450 McKee Street
appeared before the Board in opposition to the appeal.
Mr. K. Hubler, 4460 McKee Street
appeared before the Board in opposition to the appeal.
MOVED BY MR. B. POUND
SECONDED BY MR. S. NEMETH
THAT based on the plans submitted
this appeal be DENIED.
CARRIED UNANIMOUSLY
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(b)
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APPEAL
NUMBER:
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B.V. 6204
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APPELLANT:
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Geoffrey
Ward
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REGISTERED OWNER OF PROPERTY:
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Bojana
Dzombeta
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CIVIC ADDRESS OF PROPERTY:
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6507
Waltham Avenue
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LEGAL DESCRIPTION OF PROPERTY:
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Lot
1; District Lot 93; Plan 7299
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APPEAL:
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An appeal for the
relaxation of Section 105.9 of the Burnaby Zoning Bylaw which, if permitted,
would allow for the construction of a new single family home at 6507 Waltham
Avenue. The front yard setback would be 22.83 feet to the foundation where a
minimum front yard setback of 30.01 feet is required based on front yard
averaging. The roof overhang would be 2.0 feet beyond the foundation. (Zone
R5)
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APPELLANT’S SUBMISSION:
Geoffrey Ward, on behalf of
the homeowner, submitted an application to allow for construction of a new
single family home at 6507 Waltham Avenue.
Ms. Bojana
Dzombeta,
homeowner appeared before members of the Board of Variance at the Hearing.
BURNABY PLANNING AND BUILDING
DEPARTMENT COMMENTS:
The
subject site, which is zoned R5 Residential District, is located in the Windsor
neighbourhood, in which the age and condition of single and two-family
dwellings vary. This corner lot, approximately 50 ft. wide and 109 ft. deep,
fronts onto the west side of Waltham Avenue and the south side of Bryant
Street. Abutting the subject site immediately to the south are single family
dwellings. To the north across Bryant Street are single and two family
dwellings and across the lane to the west are single-family dwellings.
Vehicular access to the subject site is provided from the lane to the west. The
site observes a gentle slope of approximately 1.6 ft. from north to the south.
The
subject site is proposed to be redeveloped with a new single-family dwelling
(including an accessory detached garage), which is the subject of this appeal.
The appeal requests a front
yard setback of 22.83 ft., measured to the foundation of the proposed
single-family dwelling, with a further projection for roof eaves of 2.0 ft.,
where front yard averaging requires a minimum setback of 30.01 ft.
In
1991, Council responded to public concerns regarding the bulk and massing of
newer and larger homes that were being built in existing neighbourhoods.
Several text amendments to the Zoning Bylaw were adopted to address these
concerns, including a requirement to set new construction back from the front
property line based on an average of the two dwellings on either side of the
subject site. The intent was to help to ease new construction into existing
street frontages with minimal impact.
In
this case, the front yard averaging calculations are based on the front yard
setbacks of only two existing dwellings at 6521 and 6537 Waltham Avenue south
of the subject site. These front yards are 33.6 ft. and 26.6 ft. deep
respectively. The proposed front yard setback is measured to foundation and, as
noted above, the roof overhang would project further into the front yard by 2.0
ft. The proposed front yard setback applies to the entire front façade,
including the upper storey, with the exception of the southeast corner. This portion
of the residence is set back 4.5 ft. from the south side property line and 10
ft. from the front property line on both levels, placing this portion of the
building within the required setback.
The
proposed siting, with the exception of the southeast corner, would place the
subject dwelling 10.77 ft. in front of the neighbouring dwelling to the south.
This siting would be approximately 19.5 ft. closer to the front property line
than the existing dwelling on the subject site, which observes an approximately
42.4 ft. front yard setback. In view of the above, the existing massing
relationship between the proposed dwelling and the adjacent property on this
side would be changed.
The
massing impacts of the proposed residence are somewhat reduced by the following
factors: a lower roof height over the front 14 ft. of the residence; the 4.5
ft. by 10 ft. recessed southeast corner as mentioned previously; and a limited
amount of windows on the south elevation. It should also be noted that portion
of the proposed building encroaching into the required front yard setback will
flank the attached garage and driveway on the neighbouring property to the
south.
With
regard to the broader neighbourhood context, there are substantial frontage
variations, from an approximately 13 ft. setback at 6591 Waltham Avenue, to an
over 61 ft. setback at 6691 Waltham Avenue, on the same side of the street and
within the same city block. The majority of the existing dwellings on the
subject block observe an average front yard setback of approximately 20-40 ft.
Therefore, the siting of the proposed dwelling would not be out of ordinary
within the existing streetscape.
Further,
it is noted that the siting of the proposed dwelling and the relatively modest
46.5 ft. building depth would provide for a rear yard setback of approximately
40 ft. This setback would permit the construction of a detached garage accessed
from the rear lane and observation of the required separation between the
garage and residence.
In
view of the above, this Department does not object to the granting of this
variance.
ADJACENT
OWNER’S COMMENTS:
No correspondence was
received regarding this appeal.
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MOVED BY MR. B. POUND
SECONDED BY MR. S. NEMETH
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THAT
based on the plans submitted this appeal be ALLOWED.
CARRIED UNANIMOUSLY
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(c)
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APPEAL
NUMBER:
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B.V. 6205
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APPELLANT:
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Hana
Kim
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REGISTERED OWNER OF PROPERTY:
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Yong and Kap Kim
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CIVIC ADDRESS OF PROPERTY:
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5410
Laurel Street
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LEGAL DESCRIPTION OF PROPERTY:
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Lot
1; District Lot 74; Plan EPP53307
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APPEAL:
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An appeal for the
relaxation of Section 103.8 of the Burnaby Zoning Bylaw which, if permitted,
would allow for the construction of a new single family home at 5410 Laurel
Street. The front yard setback, to the foundation, would be 35.0 feet where
a minimum front yard setback of 46.85 feet is required based on front yard
averaging. The porch overhang would project 1.67 feet beyond the foundation.
(Zone R3)
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APPELLANT’S SUBMISSION:
Hana Kim submitted an
application to allow for the construction of a new single family home at 5410
Laurel Street.
Ms. Hana Kim, daughter of
homeowners, appeared before members of the Board of Variance at the Hearing.
BURNABY
PLANNING AND BUILDING DEPARTMENT COMMENTS:
An appeal for the
relaxation of Section 103.8 of the Burnaby Zoning Bylaw, which, if permitted,
would allow for the construction of a new single family dwelling with a secondary
suite at 5410 Laurel Street. The proposed front yard setback to the foundation
is 35 ft. where a minimum front yard setback of 46.85 ft. is required based on
front yard averaging. The porch overhang projects 1.67 ft. beyond the
foundation.
The subject site, zoned R3
Residential District, is located in a neighbourhood with older dwellings dating
from the 1940s and newer houses constructed from the 1970s to present. This
interior lot, approximately 50.0 ft. wide and 120.0 ft. deep, fronts Laurel Street
to the north.
In 1991, Council responded
to public concerns with respect to the bulk and massing of newer and larger
homes that were being built in existing neighbourhoods. Several text amendments
to the Zoning Bylaw were made to address these concerns, including a
requirement to set new construction back from the front property line based on
an average of the two houses on either side of the subject property. The intent
was to help to ease the new construction into existing street frontages with minimal
impact.
In this case, there is no
consistent setback for homes on this block front. Generally, the area is
transitioning to newer homes with standard front yard setbacks.
In this case, the front
yard average is affected by the dwelling immediately to the west at 5408 Laurel
Street, which observes a 67.71 ft. front yard setback. The lot depth of this
lot (263.87 ft.) is more than twice the lot depth (120 ft.) of the subject
property. The second property to the west, 5388 Laurel Street, observes a front
yard setback of 39.37 ft. To the east, the properties at 5420 and 5432 Laurel
Street observe front yard setbacks of 38.71 ft. (which was approved in 2009
under BV 5825) and 39.04 ft. respectively.
The front yard setback has
been measured from the foundation of the garage, which projects 6.5 ft. in
front of the house facade. The entire second storey of the house is also set
6.5 ft. back from the foundation wall of the garage. The front yard setback of
the house, without the garage projection is 41.5 ft. from the front property
line.
In this case, a front yard
setback of 35 ft., measured from the foundation wall of the garage, and 41.5
ft., measured from the remainder of the house, would be consistent with the
streetscape on this side of Laurel Street, where setbacks for three of the four
immediately adjacent homes range from 38.0 – 39.0 ft. It is noted that the
original application showed a front yard setback of 19.5 ft., which the
applicant withdrew and replaced with the current proposal.
In view of the intended
pattern of development in this area, and the evolving streetscape, this
Department does not object to the granting of this variance.
ADJACENT OWNER’S COMMENTS:
Correspondence was received
from Farid Mawani at 5420 Laurel Street regarding this appeal and advising that
he has no objections to the development.
No further correspondence
was received.
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MOVED BY MR. S. NEMETH
SECONDED BY MR. B. POUND
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THAT based on the plans submitted
this appeal be ALLOWED.
CARRIED UNANIMOUSLY
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(d)
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APPEAL
NUMBER:
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B.V. 6206
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APPELLANT:
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David
Sarzynick
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REGISTERED OWNER OF PROPERTY:
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David
Sarzynick
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CIVIC ADDRESS OF PROPERTY:
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4062
Marine Drive
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LEGAL DESCRIPTION OF PROPERTY:
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Lot
186; District Lot 175; Plan 41124
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APPEAL:
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An appeal for the relaxation of
Sections 102.6(1)(a) and 102.8(1) of the Burnaby Zoning Bylaw, which if
permitted, would allow for the construction of a single family home at 4062
Marine Drive. The following variances are being requested:
a) The principal building height,
measured from the rear average elevation would be 35.99 feet where a maximum
building height of 29.5 feet is permitted. The principal building height,
measured from the front average elevation would be 29.03 feet; and,
b) The front yard setback, to the
foundation, would be 54.96 feet where a minimum front yard setback of 64.24
feet is required based on front yard averaging. The overhang would project
2.0 feet beyond the foundation. (Zone R2)
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APPELLANT’S SUBMISSION:
David Sarzynick submitted an
application to allow for the construction of a single family home at 4062
Marine Drive.
Mr. David Sarynick appeared before
members of the Board of Variance at the Hearing.
BURNABY PLANNING AND BUILDING
DEPARTMENT COMMENTS:
The subject site, which is zoned R2
District, is located on Marine Drive, where the age and condition of
dwellings vary. This interior lot is irregular in shape: 180.07 ft. deep on
the longest side, 176.5 ft. deep on the opposite side, and 70 ft. wide.
Vehicular access is provided from the rear lane.
Abutting the subject site to the
west is an older single family dwelling (4052 Marine Drive), and to the east
is a single family dwelling that was constructed in 1972 (4072 Marine Drive).
To the south, the subject property overlooks the back of a warehouse building
in the M5 Light Industrial District.
The intent of the Bylaw in limiting
height is to mitigate the massing of new buildings or structures and their
impact on neighbouring properties. With respect to the first variance, the
site observes a downward slope from the tallest point of 50.3 ft. in the
northeast corner to 24.8 ft. in the southeast corner. The 3.28 ft. grade
change from the elevation of the front façade (37.89 ft.) to the elevation at
the rear façade (34.61 ft.) contributes to the excess height of the building,
as measured from the rear.
As viewed from the rear elevation,
60% of the façade measures 32.0 ft. in height from the finished grade, and
40% of the façade measures 37.5 ft. in height because the entrance to the
attached garage is cut into the existing grade. The sunken garage entrance
contributes to the increased average height at the back of the dwelling.
The subject lot is one of many large
lots on the south side of Marine Drive. The proposed dwelling has an 8.25 ft.
wide side yard on the east adjacent to 4052 Marine Drive. On this side, the
second story is set a further 9.0 ft. back from the exterior wall of the
ground floor, increasing the upper storey setback to 16.25 ft. from the
shared property line. In addition, 4052 Marine Drive has a 24.0 ft.
wide side yard adjacent to the subject property, so it is unlikely that the
proposed height will impact this property’s privacy or views.
The western side yard of the
proposed dwelling is 12.41 ft. wide, which is slightly more than the adjacent
12.0 ft. wide side yard of neighbouring 4072 Marine Drive. There is a thick
line of trees along the shared property line that screens views of either
property. It is not expected that the additional massing created by the
proposed height encroachment would negatively impact this neighbour’s views
or privacy. Furthermore, considering that the subject property overlooks the
back of an industrial warehouse, which is situated approximately 161.0 ft.
from the rear property line, there will be no negative impacts from the
additional height on that property.
In summary, as the proposed
relaxation will have no impact on the adjacent properties, given the generous
side and rear yard setbacks, this Department does not object to the granting
of this first a) variance.
The second b) appeal proposes a
front yard setback, to the foundation, of 54.96 ft. where a minimum front
yard setback of 62.24 ft. is required based on front yard averaging. The
overhang projects 2.0 ft. beyond the foundation.
With respect to the second variance,
the intent of the Bylaw is to “ease” new development into the existing
streetscape. The front yard averaging calculations are based on the setbacks
of the two dwellings to the west and east of the subject property. On the
west, 4042 and 4052 Marine Drive observe front yard setbacks of 51.43 and
57.74 ft. respectively. On the east, 4072 and 4092 Marine Drive observe front
yard setbacks of 52.64 and 95.16 ft. respectively. The property at 4092
Marine Drive significantly affects the front yard averaging calculation.
A front yard setback of 54.96 ft.
would fit in with the existing streetscape on the south side of Marine Drive.
The lots on the south side of Marine Drive are all large, and the front yard
setbacks are generous, but there is no established pattern to the
streetscape. The front yards on this side of Marine Drive are heavily
screened from the road by fencing and landscaping, so a 7.0 ft. difference in
the front yard setback between what is required by front yard averaging and
what is proposed would not be perceived from the properties on the opposite
side of Marine Drive.
The placement of the dwelling in
this location is not likely to affect the property immediately to the east at
4072 Marine Drive, because both the properties have 12 ft. side yards along
their common property line. In addition, a thick row of trees along the
shared property line creates privacy. To the west, the dwelling at 4052
Marine Drive has a 24.0 ft. side yard setback adjoining the 8.0 ft. setback
on the subject property. Again, the distance between these two houses negates
any possible negative impacts of the reduced front yard setback.
In summary, the requested relaxation
is modest given the overall development pattern of the neighbourhood. In
addition, the proposal will have no negative impacts on the adjacent
properties, given the generous side yard setbacks. For these reasons, this
Department does not object to the granting of this second b) variance.
ADJACENT OWNER’S COMMENTS:
No correspondence was received regarding
this appeal.
MOVED BY MR. B. POUND
SECONDED BY MR. S. NEMETH
THAT
based on the plans submitted part (a) of this appeal be ALLOWED.
CARRIED UNANIMOUSLY
MOVED BY MR. B. POUND
SECONDED BY MR. S. NEMETH
THAT
based on the plans submitted part (b) of this appeal be ALLOWED.
CARRIED
UNANIMOUSLY
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(e)
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APPEAL
NUMBER:
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B.V. 6207
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APPELLANT:
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Marius
Serban
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REGISTERED OWNER OF PROPERTY:
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Marius
and Monica Serban
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CIVIC ADDRESS OF PROPERTY:
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4042 Marine
Drive
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LEGAL DESCRIPTION OF PROPERTY:
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Lot
184; District Lot 175; Plan 41124
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APPEAL:
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An Appeal for the relaxation of
Sections 102.6(1)(a) and 102.8(1) of the Burnaby Zoning Bylaw which, if
permitted, would allow for the construction of a new single family home at
4042 Marine Drive. The following variances are being requested:
a) The principal building height,
measured from the rear average elevation would be 34.10 feet, were a maximum
building height of 29.5 feet is permitted. The front average elevation
would be 28.17 feet; and,
b) The front yard setback would be
45.0 feet to the foundation, where a minimum front yard setback of 72.08 feet
is required based on front yard averaging. The roof overhang would be 2.0
feet beyond the foundation. (Zone R2)
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APPELLANT’S SUBMISSION:
Marius
Serban submitted
an application to allow for the construction of a new single family home at
4042 Marine Drive
Mr. Marius Serban appeared
before members of the Board of Variance at the Hearing.
BURNABY
PLANNING AND BUILDING DEPARTMENT COMMENTS:
The subject site is located
in the Big Bend neighbourhood, in which the age and condition of single family
dwellings vary. This parallelogram interior lot, approximately 70 ft. wide by
176 ft. long, fronts onto the south side of Marine Drive. Abutting the subject
site to the east and west are single family dwellings. Across the lane, south
of the subject site, are two large industrial buildings on an M5 Light
Industrial District property. The properties to the north, across Marine Drive,
contain single family dwellings. Existing and proposed vehicular access to the
site is from the rear lane. The site observes a significant downward slope from
the northeast corner of the lot at Marine Drive to the southwest corner of the
property at the rear lane, dropping 22.66 ft. over 223 feet.
The site, which is the
subject of two appeals, is proposed to be redeveloped with a new single family
dwelling with attached garage and secondary suite.
The first a) appeal is for
a building height of 34.10 ft., measured from the front average elevation,
where a maximum height of 29.50 ft. is permitted for sloped roofs.
The intent of the Bylaw is
to mitigate the massing impacts of new buildings or structures on neighbouring
properties.
With reference to the first
a) appeal, the height calculation is based on existing natural grade at the
rear elevation. As noted above, the grade difference from the front to the rear
of the subject site contributes to the excess height of the rear elevation. The
proposed height encroachment of 4.6 ft. would extend over the majority of the
roof, as the central portion of the sloped roof is flat. However, existing
trees and hedges on both the east and west side of the property and a group of
trees close to the south property line would mitigate any massing impacts on
neighbouring properties and on views from the lane.
It is noted that the
proposed dwelling would meet the allowable maximum height (29.5 ft.) as
measured from the front average elevation.
In summary, considering the
site topography and the proposal’s minimal impacts on the neighbouring
properties, this Department does not object to the granting of the first a)
variance.
The second b) appeal
requests a front yard setback of 45.0 ft., measured to the foundation of the
northwest corner of proposed single family dwelling, with a further extension
of 2.0 feet for roof eaves, where front yard averaging requires a
minimum setback of 72.08 ft.
In 1991, Council responded
to public concerns regarding the bulk and massing of newer and larger homes
that were being built in existing neighbourhoods. Several text amendments to
the Zoning Bylaw were adopted to address these concerns, including a
requirement to set new construction back from the front property line based on
an average of the two dwellings on either side of the subject site. The intent
was to help to ease new construction into existing street frontages with
minimal impact.
In this case, the front
yard averaging calculations are based on the front yard setbacks of the two
dwellings at 4028 and 4032 Marine Drive west of the subject site and on the
front yard setbacks of the two dwellings at 4052 and 4062 Marine Drive
immediately east of the subject site. These front yards are 58.64 ft., 74.59
ft., 78.02 and 77.06 ft., respectively. The property at 4062 Marine Drive is
the subject of a request for a reduced front yard setback of 54.96 ft. where a
64.24 ft. setback is required based on front yard averaging (BOV #16-6206).
That request also appears on the 2016 Feb 4th hearing agenda.
The proposed front yard
setback is measured perpendicular to Marine Drive, which is skewed at an
approximately 30 degree angle in relation to the side property lines. As a
result, the residences along Marine Drive are staggered in relation to each
other, even when the same front yard setback depth is observed. Each residence
overlooks the front yard of the residence to the west and the rear yard of the
residence to the east. As such, the proposed siting would place the subject
dwelling approximately 35 ft. behind the front of the neighbouring dwelling to
the east and approximately 65 ft. in front of building to the west; however,
considering that the siting of the proposed dwelling is also over 30 ft. away
from the residence to the east and over 50 ft. away from the residence to the
west, the reduced front yard setback would have minimal impacts on those
residences.
With regard to the broader
neighbourhood context, given the staggered frontage and substantial front
setback variations (from 58.64 ft. at 4028 Marine Drive to 78.02 ft. at 4052
Marine Drive) on the subject block, the siting of the proposed dwelling would
be consistent with the existing streetscape.
In view of the above, this
Department does not object to the granting of this second b) variance.
ADJACENT OWNER’S COMMENTS:
No correspondence was
received regarding this appeal.
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MOVED BY MR. S. NEMETH
SECONDED BY MR. B. POUND
THAT
based on the plans submitted part (a) of this appeal be ALLOWED.
CARRIED UNANIMOUSLY
MOVED BY MR. S. NEMETH
SECONDED BY MR. B. POUND
THAT
based on the plans submitted part (b) of this appeal be ALLOWED.
CARRIED UNANIMOUSLY
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5.
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NEW BUSINESS
No items of new business were
brought forward at this time.
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MOVED BY MR. S. NEMETH
SECONDED BY MR. B. POUND
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THAT
this Hearing do now adjourn.
CARRIED UNANIMOUSLY
The
Hearing adjourned at 7:10 p.m.
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________________________
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Ms.
C. Richter
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________________________
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Mr.
G. Clark
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________________________
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Mr.
B. Pound
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________________________
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Mr.
S. Nemeth
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________________________
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Ms.
E. Prior
ADMINISTRATIVE
OFFICER
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