|
APPELLANT’S SUBMISSION:
Jasbir
Singh Tatla, on behalf of the property owners, submitted an application to allow for construction of a new
single family dwelling with a secondary suite and detached garage at 7785
Taylor Place.
Mr.
Tatla appeared before members of the Board of Variance.
BURNABY
PLANNING AND BUILDING DEPARTMENT COMMENTS:
The subject site is located in the
Cariboo-Armstrong neighbourhood, which is an established neighbourhood of
midcentury bungalows with open lawns. The zoning is R10 Residential District,
which was established through a resident initiated rezoning process in order
to control the form and character of new development, including fences and
structures.
The first a) appeal is to permit
fences/walls at the Taylor Place frontage where no fence or other structure
is permitted in front of the face of the principal building facing the front
yard.
The second b) appeal is to permit
retaining walls on the east and west property lines where no fence or other
structure is permitted in front of the face of the principal building facing
the front yard. The two variances are co-related, and the second variance to
permit the retaining wall, which is necessary for the construction of the
fences in the side yards, will be discussed first.
The intent of the R10 District is to
maintain the existing development pattern of the neighbourhood, which
generally contains open lawns and a minimum of fencing. The R10 zone was
created response to residents’ desire to ensure that all new development
recognized the unique R10 architectural and landscape context. The R10
landscape is characterized by low building profiles, uniform front yards and
the absence of fences.
The subject site is abutted by
single family dwellings to the east, west and north, across Taylor Place.
Previously, a shallow berm about 1.5 ft. high slightly elevated the original
bungalow on the subject site above the level of the boulevard area
surrounding Taylor Place. A similar situation is observable to the west at
7775 Taylor Place, where three concrete steps have been built into the berm,
similar to the ones that once existed on the subject site. To the east, at
7795 Taylor Place, the slope of the berm diminishes, so that steps are
unnecessary. On the subject site, the applicant has leveled the site, and
removed the shallow berm that used to define the front yard. In its place he
has constructed small retaining walls on the east and west property lines to
support the higher ground on each side of the lot.
The second b) appeal would permit
retaining walls on the east and west property lines where no fence or other
structure is permitted in front of the face of the principal building facing
the front yard. From the wall profiles submitted, the retaining walls will
have little visual impact on the streetscape. Where the side yards intersect
with Taylor Place, the retaining walls measure 1.8 ft. tall for a distance of
less than 3.0 ft. as viewed from the adjacent properties, before they
decrease to 6” projections above the established grades. As the retaining
walls are barely visible from either of the adjacent properties, and this
does not defeat the intent of the bylaw to have open front lawns, this
Department does not object to the granting of the second b) variance.
The applicant has also built a 2.0
ft. high masonry wall/fence around the perimeter of the property, from the
front face of the dwelling on the east and west side yards to the front
property line at Taylor Place. In addition, there is a 2.0 ft. masonry wall
across the Taylor Place frontage and there are two 2.0 ft. x 4.08 ft. tall
masonry pillars flanking the entrance to the property. These fences/walls and
entrance features appear to be a design choice rather than a necessity.
Permitting a fence or other structure in the front yard of an R10 district,
where it is expressly prohibited, is a major variance, in that it is a
complete reversal of the Bylaw requirement, and defeats the intent of the
Bylaw.
In view of the above, this
Department cannot support the granting of the first a) variance to permit
fences/walls in the front yard where the Bylaw prohibits the construction of
fences or walls.
ADJACENT OWNER’S COMMENTS:
A letter was received
from the applicant requesting the retention of retaining walls along the
north, east and west property lines. The retaining wall was constructed to
keep soil from adjacent properties away from this property.
The applicant submitted a
petition letter signed by residents of 7719, 7731, 7755, 7765, 7775, 7790 and
7795 Taylor Place. The petition read as follows:
To whom it may concern
Its regarding the property
7785 Taylor Place Burnaby. This property is owned by Ready Construction Ltd.
Directors of Ready
Construction went door to door in this neighbourhood and ask their neighbours
regarding retaining wall in the front sides of the house and agreed that its not
going to impact the neighbourhood.
A subsequent email was
received from Ready Construction providing addresses of properties in the
area that have existing retaining walls.
Correspondence was
received requesting confidentiality. The writer expressed concern regarding
the aesthetics and safety of the retaining wall/fence. They also feel that
it will set a precedent and change the character of the neighbourhood if
allowed.
The resident of 7778 Taylor Place
appeared in opposition to the variance. The speaker advised that the
applicant excavated the property to achieve the desired height and has
constructed the side retaining walls to keep the neighbours soil from
collapsing onto the property at 7785 Taylor Place.
A resident of 7790 Taylor Pace appeared
in opposition to the proposed variance. The retaining wall/fence is out of
character with the R10 zoned neighbourhood.
The resident of 7755 Taylor Place
appeared in opposition to the proposed variance. The speaker believes that
the retaining wall will be used as the base of a fence.
The resident of 7726 Taylor Place
appeared in opposition of the proposed variance.
A resident of 7795 Taylor Place
advised that they are not opposed to the side yard retaining walls. This
neighbor advised that the side yard retaining wall is now necessary due to
the excavation done during the construction of the home at 7785 Taylor
Place. The resident is concerned that if the side yard retaining wall is
removed that it would adversely affect their property.
A resident of 7731 Taylor Place is
opposed to the front yard retaining wall/fence; however, agrees that the side
yard retaining walls must be kept to maintain the integrity of the homes on
either side of 7785 Taylor Place due to the excavation done on the property.
The resident also expressed concern regarding water run-off from the property
at 7785 Taylor Place.
A resident of 7719 Taylor Place
appeared in opposition to the proposed variance.
No further submissions were received
regarding this appeal.
|