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APPELLANT’S SUBMISSION:
Bill Van Beek, Suncor Energy Inc.,
submitted an application for relaxation of the Burnaby Zoning Bylaw to
construct a new utility bridge and covered catwalk.
Mr. Brendan McCarthy,
representing Suncor Energy Inc., appeared before members of the Board at the
Hearing.
BURNABY PLANNING AND BUILDING DEPARTMENT
COMMENTS:
There are two sites
that are the subject of this application, 9955 Barnet Road and 631 North
Road, which are located in the M7a district, which regulates water oriented
uses and related activities. Both sites are located in the northeast corner
of the city, immediately west of the boundary between Burnaby and the City of
Port Moody, and they extend eastwards into the City of Port Moody, where they
are zoned M3 General Industrial. The two properties are separated from each
other by the CPR rail corridor, which is a legal lot.
As noted above,
this appeal concerns two sites which are not connected. However, this area
has been historically under one operation as a Marine Terminal for over 60
years, despite the fact that it spans over the various pieces of land
registered under different ownership (including Suncor Energy Inc., CPR and
the Port of Vancouver), different levels of government (federal and
municipal) and under different jurisdictions (City of Burnaby and City of
Port Moody). This complicated ownership is reflected in the unusual lot
configurations, which largely limit design options and as such, could be
considered a contributing factor when assessing grounds for a hardship.
As a part of the
Marine Terminal upgrade, the applicant proposes to construct a new utility
bridge and covered catwalk structure. In order for the Preliminary Plan
Approval (PPA16-00332), to proceed, the applicant requests that the following
four variances will be granted.
Two variances are
related to the utility bridge at 9955 Barnet Road, and two variances are
related to the covered catwalk at 631 North Road. Each property will be
discussed separately.
9955 Barnet Road
The southern
property, 9955 Barnet Road is bounded by the Barnet Road Right-of-Way
(R.O.W.) on the southeast, and the CPR rail corridor to the northwest. The
terrain slopes steeply down in a southeast-northwest direction from above
Barnet Road down to Burrard Inlet.
The subject site is
an irregularly shaped lot, approximately 317.5 m. in length from its western boundary
at the unopened Highland Avenue to the boundary between the City of Burnaby
and Port Moody to the east. The lot varies in width from less than 1.0 m.
wide to 64.0 m. wide, and the site is 10.28 m. wide where the variances have
been requested. The proposed utility bridge would span over the CPR tracks,
with the southern bridge structure located on 9955 Barnet Road and northern
structure on the lands owned by the Port of Vancouver.
The first a)
variance requested is to vary the Section 407.5(1) “Yards” requirement for
the minimum yard depth to the boundaries of the lot, along the southeast
property line from 6.0 m. (19.69 feet) to 3.0 m. (9.84 feet) in order to
permit the construction of a new utility bridge.
The second b)
variance requested would permit a yard depth along the northwest property
line of nil feet where a minimum 3.0 m. (9.84 feet) is required when a lot
abuts another lot.
The intent of the
Bylaw in requiring yards is to mitigate the massing impacts of buildings or
structures on neighbouring properties.
The first a)
variance is measured from the southeastern edge of the bridge foundation to
the property line bordering Barnet Road R.O.W. The proposed foundation is
located in the center of this portion of the lot, which measures approximately
10.28 m. (33.75 feet) wide. The foundation is parallel to the property lines
so that both yards measure 3.0 m. (9.84 feet)
The second b)
variance is measured at the point where the horizontal bridge span adjoins
(and crosses over) the property line it shares with the CPR parcel.
The narrow lot
provides inadequate depth to build a foundation that observes the required
6.0 m. (19.69 feet) setback. The foundation has been centered between the two
property lines, creating two side yards with the minimum 3.0 m. (9.84 feet)
width. In this case, the proposed north yard meets the Bylaw requirement, but
not the south.
The Barnet Road
R.O.W. in this location is approximately 80.0 m. wide. Barnet Road is located
in the southernmost portion, at a much higher elevation than the proposed
structure. A private service road leads downhill from Barnet Road and runs
parallel to the subject property, down to the Suncor entrance. The Trans
Canada Trail, which is located on the south side of the service road, is the
closest point from which the public would see the new structure. An existing
buffer of trees and bushes on the north side of the service road screens the
views. The bridge structure will be visible in the distance during the fall
and winter months when the leaves have fallen.
Given the
narrowness of the property in this location, this compromise attempts to
conform to the Bylaw’s minimum width requirements. Given that there are no
residences or other buildings in the vicinity, this relaxation would not
defeat the intent of the Bylaw, which is to mitigate the massing impacts of
buildings or structures on neighbouring properties. As such, this Department
does not object to the granting of this variance a).
The second variance
for a nil side yard occurs where the bridge structure meets the property line
with the CPR parcel. Observing a nil side yard is necessary for the bridge to
carry the pipe across to the second property. At the grade level, the
foundation meets the necessary yard requirements. This Department notes that
the applicant is working with CPR to obtain the necessary permissions for
this aerial trespass.
The proposed bridge
is an isolated structure that will only be visible in the distance from the
Trans Canada Trail. Given that the CPR has agreed in principle for the
structure to cross over their tracks, the property owner who will be most
affected by the new bridge has indicated their support.
As this variance
does not defeat the intent of the Bylaw to mitigate the massing impacts of
buildings or structures on neighbouring properties, this Department does not
object to the granting of this variance b).
631 North Road
The northern
property, 631 North Road is an irregularly shaped lot, extending westwards
from the boundary line between Burnaby and Port Moody approximately 1000.0
m., and varying in width from 1.0 m. to 40.0 m. at its widest point. The lot
also extends eastward into the City of Port Moody. It is bounded on the
southeast by the CPR parcel.
631 North Road is
relatively flat and has been developed with industrial port facilities. The
proposed catwalk structure consists of a central raised platform, 2.3 m (7.5
feet) wide and 9.5 m. (31.0 feet) tall as measured from the finished grade to
the roof ridge. The proposed catwalk, 13.6 m. (44.5 feet) wide as measured
from the edges of the eaves, would run parallel to the property line for a
distance of approximately 217.3 m. (713.0 feet), and approximately half of
this distance would be on the Burnaby side of the boundary, with the setbacks
from the property line varying from 0.25 m. (.83 feet) to 1.0 m. (3.33 feet).
The third c)
variance requested would permit a yard depth along the southeast property
line of 1.45 m. (4.77 feet) where a minimum of 3.0 m. (9.84 feet) is required
where a lot abuts another lot; and,
The fourth d)
variance requested would permit a yard depth along the northwest property
line of nil feet where a minimum of 3.0. m. (9.84 feet) is required where a
lot abuts another lot. The two variances are co-related and will be discussed
together.
The third c)
requested variance is measured from the edge of the shallow roof over the
catwalk which measures 3.0 m. (4.77 feet) at the southeast property line
where the roof borders the CPR. The roof is designed to cover the gangways
that will be lowered from the central catwalk structure to access the roofs
of the rail cars. The request for this variance is caused by the location of
the existing railway tracks in relation to the property line.
The fourth d)
requested variance is measured from the edge of the roof over the catwalk on
the northwest property line where the lot abuts the CPR lot. The roof is
designed to cover the gangways that will be lowered from the central catwalk
structure in order to access the roofs of the rail cars. The request for this
variance is caused by the location of the existing railway tracks, which are
proposed to be extended further to the east and into the City of Port Moody
portion of the subject lot, in relation to the property line. Like the
utility bridge, the proposed catwalk structure will be visible only from a
distance from the Trans Canada Trail in the fall and winter months when the
trees are bare. Due to the major difference in grades between the trail and
the catwalk structure, it will not be easily visible even in the winter
months.
Both variances are
requested in order to permit the catwalk structure to function properly. As
the granting of these variances does not defeat the intent of the Bylaw,
which is to mitigate the massing impacts of buildings or structures on
neighbouring properties, this Department does not object to the granting of
variances c) and d).
ADJACENT OWNER’S COMMENTS:
No submissions were received
regarding this appeal.
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