|
APPELLANT’S SUBMISSION:
Dierdre
Spencer, Terra Firma Design Ltd., submitted an application for a relaxation
of the Burnaby Zoning Bylaw to allow for construction of her client’s new
home.
Ms.
Dierdre Spencer and Ms. Andrea Rosin-Healey, appeared before members
of the Board at the Hearing.
BURNABY PLANNING AND
BUILDING DEPARTMENT COMMENTS:
The subject lot was
created in 2011 by subdividing a single residential lot into three duplex
lots, reference # SUB07-00056. The subject site, zoned R5 Residential
District, is located in the Douglas-Gilpin neighbourhood, in which the age
and condition of single and two family dwellings vary. This large interior
lot is approximately 82.25 ft. deep (along the shallower south and north
property line) and 138.5 ft. wide (along the longer north and south property
line). The lot observes a frontage of approximately 26 ft. along Schou Street
to the west, starting at the south-west corner of the lot; this is the width
of the short section of the street right-of-way which then connects to the
cul-de-sac, to the east terminus of Schou Street. The remaining portion of the front
(west) property line, borders a lot which contains a two family dwelling. To the
south and east the site abuts single family dwellings. Across the lane to the
north, the site abuts partly a
vacant lot (to the west) and partly a lot which contains a single family
dwelling (to the east). These are the two remaining lots created by the above mentioned
subdivision. Vehicular
access is proposed via the north lane. The site is relatively flat with a
downward slope of approximately 3.0 ft. in the south-north direction. The subject site is
currently vacant.
The subject lot is unusual in that
it is oriented laterally to its only road frontage, at the terminus of Schou
Street along the western property line. Under
Section 3 “Definitions” of the Zoning Bylaw, the front lot line of the
property is the lot line that abuts Schou Street.
The subject lot is proposed to be
developed with a new two family dwelling, with detached garages, for which four variances
have been requested. The first a), second b) and third
c) appeals are directly related to the site orientation and the fourth d)
appeal relates to the building height and is indirectly related to the site
orientation.
The first a), second b) and third c)
appeals:
The first a)
appeal proposes
the relaxation of Section 101.8 – “Front Yard” of the Burnaby Zoning Bylaw
from 19.7 ft. to 8.64 ft. The purpose of this variance is to allow
construction of the proposed two family dwelling encroaching into the
required front yard abutting the Schou Street. Section 6.12 – “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 105.11 – “Rear Yard” of the Zoning Bylaw from 24.6 ft. to 8.56
ft. to allow
construction of a new two family dwelling.
The intent of the Bylaw is
to mitigate the massing impacts of new buildings and structures on
neighbouring properties and to ensure sufficient outdoor living area in the
rear yard.
The third c) appeal is to vary
Section 105.8 – “Depth of Principal Building” of the Zoning Bylaw from 41.14
ft. to 65.00 ft. (based on 50 percent of the lot depth) to allow construction
of a new two family dwelling.
The intent of the principal building
depth requirements of the Zoning Bylaw is to prevent construction of
dwellings that present long imposing walls, so that the massing of the
building impacts the neighbouring properties.
As previously mentioned,
all three variances a), b) and c) are related to the site orientation
established by the only
road frontage at the terminus of Schou Street along the western property
line. This orientation results in the lot depth (82.25 ft.) which is
substantially less than the lot width (138.5 ft.) and,
therefore, could be considered affecting the design options available for the
subject site.
The proposal is to
orient the two family building under the assumption that the south lot line
is the front lot line and consequently the north lot line is the rear lot
line, with west and east lot lines as side lot lines. Consequently, the two
units are proposed “side by side” (as opposed to “back to front” under the
provisions of the Zoning Bylaw), with their fronts oriented to the south. The
accessory building containing two one-car garages, also placed “side by
side”, is proposed off the north lane.
Thus, the proposed
dwelling would observe a 41.7 ft. setback from the south (assumed front) lot
line; a 46.2 ft. setback from the north (assumed rear) lot line; and the
building length (assumed building depth) of 50.5 ft. measured parallel to the
Schou
Street frontage. Under the provisions of the Zoning Bylaw, however, the
proposed dwelling observes a south side yard setback of 41.7 ft.; a north
side yard setback of 46.2 ft.; a front yard setback of 8.64 ft.; a rear yard
setback of 8.56 ft. and a building depth of 65.0 ft.
With respect to the
first a) appeal, although the required front yard is reduced by 11.06 ft., no
impacts are expected on the neighbouring two-family residence immediately to
the west. This residence is fronting Schou Street to the south, with its side
(east elevation) facing the subject site. In fact, the proposed dwelling
would appear similar in form and in line with this residence. With the
proposed generous south side yard (over 40.0 ft.), no impacts are expected on
the neighbouring residence immediately to the south, which fronts the Schou
Street cul-de-sac to the west, with the side (north elevation) facing the
subject site.
With respect to the
broader context, the proposed “reversed” orientation of the subject site
would be consistent with the south-north orientation of the next five
neighbouring dwellings to the west of the subject block. There would be no
special relevance of this proposal with the neighbouring dwellings to the
south, which observe varying setbacks and orientations along the Schou Street
cul-de-sac. Therefore, no impacts are expected on the existing streetscape.
With respect to the
second b) appeal, although the required rear yard is reduced by 16.04 ft.,
again, little impact is expected due to the distance between the proposed
dwelling and the neighbouring residences to the east. The proposed dwelling
would directly overlap the large green areas of the neighbouring properties’
rear yards. With respect to outdoor living area, although this proposal would
not provide a sufficient green space in the rear yard immediately to the east
of the dwelling, there is plenty of green space proposed within the generous
side yards.
With respect to the
third c) appeal, although the allowable building depth is exceeded by 23.86
ft., given the orientation, the proposed dwelling would not result in
a long
“wall” effect as viewed from the neighbouring properties to the south and north, considering
the proposed stepped design. This design includes various recesses for
porches/covered decks around the corners and substantial setbacks of the
upper floor in relation to the main floor. The generous south and
north side yards of over 40.0 ft. would further help to mitigate any impacts.
In summary,
because the shallow depth of the subject lot represents a hardship, and
considering this proposal’s limited impact on neighbouring properties and the
existing streetscape, this Department supports the granting of all three: first a),
second b) and third c) variances.
The fourth d) appeal:
The fourth d) appeal is
to vary Section 105.7(2)(b) – “Height of Principal Building” of the Zoning
Bylaw from 25.0 ft. to 25.41 ft., as measured from the front average grade,
to allow construction of a new two 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.
As noted above, the front yard is
measured from the west lot line (and the rear yard is measured from the east
lot line). Consequently, the height of the residence is measured from the
average natural grade of the west façade, which is the front façade under the
provisions of the Zoning Bylaw (and from the average natural/proposed grade of the
east façade which is the rear façade under the
provisions of the Zoning Bylaw).
The proposed 0.51 ft. height
encroachment is limited to the small area at the top of the upper roof, which
would be set back approximately 9.5 ft. from the outermost building face.
Considering the small scale of this encroachment and the setback, relatively
little impact is expected on the neighbouring residence to the west. In
addition, this residence features a limited amount of windows on the side (east
elevation) facing the subject site.
It is noted that the proposed
dwelling would observe a height of 22.81 ft. when viewed from the rear (east)
property line, which is considerably less than the maximum height allowed by the
Zoning Bylaw (25.0 ft.).
It should be noted also, that if the
assumed “reversed” site orientation is considered, the proposed building
height measures 23.76 ft. when viewed from the south elevation and 24.56 ft. when
viewed from the north elevation, in which case a height variance would not be
required.
Given the constraints of the site,
and the
limited impacts of the proposal on the neighbouring properties and the
existing streetscape, this Department does not object to the granting of this fourth
d) variance.
ADJACENT
OWNER’S COMMENTS:
A letter was received from 5350
Schou Street in support of the appeal.
A letter was received from 5303
Schou Street in support of the appeal.
No further submissions were received
regarding this appeal.
|