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APPELLANT’S SUBMISSION:
Ms. Nicole Kliewer, on behalf of the
property owners, submitted an application to allow for the construction of a
new single family dwelling with a secondary suite and detached garage at 7903
Suncrest Drive
Ms. Kliewer, Designer, and Mr. Kevin
Lai, Owner, appeared before members of the Board of Variance.
BURNABY
PLANNING AND BUILDING DEPARTMENT COMMENTS:
The subject site, which
is zoned R2 Residential District, is located in the Suncrest neighbourhood, in which the age and
condition of single family dwellings vary. This
interior through lot, approximately 59.98 feet wide and 120.03 feet long,
fronts Suncrest Drive to the south and Clinton Street to the north. Single
family dwellings abut the subject site to the east and west as well as across
Clinton Street to the north and Suncrest Drive to the south. The subject lot observes
an upward slope of approximately 17.7 feet in the south-north (front-rear)
direction along the western property line and 10.6 feet along the eastern
property line. Vehicular access to the subject site is proposed to remain off
Clinton Street to the north.
The subject site is
proposed to be redeveloped with a new single family dwelling with secondary
suite and accessory detached garage, which is the subject of the first appeal
a). This property was the subject of four previous appeals before the Board of
Variance: 1970, July 02 (BV #289), 1979 June 08 (BV #1959), 1983 Dec 01 (BV
#2685), and 1987 Aug 06 (BV #3293). Three of these appeals requested
variances to the rear yard setback and one for a nil side yard setback for an
existing carport in a front yard. All of these appeals were granted by the
Board.
The first appeal a) is to vary
Section 6.2 (2) - “Location and Siting of Buildings” of the Zoning Bylaw
requirement which if permitted would allow for the construction of an
accessory building in a required front yard, where no accessory building can
be located in a required front yard. The proposed accessory building is 8.0
feet from the front (Clinton Street) property line and 10.03 feet from the
west property line.
The intent of the Zoning Bylaw in
prohibiting construction of accessory buildings in front yards is to ensure a
uniform streetscape with open front yards and to limit massing impacts of
such structures on neighbouring properties.
The proposed accessory building,
approximately 21.83 feet wide by 20.08 feet deep, is proposed to be located
in the northwest corner of the front yard, 8.0 feet from the front (north)
property line and 10.03 feet from the side (west) property line. The initial
16.6 feet of the depth of the proposed accessory building will be located in
the required front yard. However, the remaining 3.48 feet of the depth of the
proposed garage will be located outside the required front yard within the
permitted siting area for accessory structures.
The accessory building will contain
one parking space accessed off Clinton Street by an overhead door. The
accessory building will appear approximately 12.09 feet high, as measured
from the proposed grade to the top of the proposed flat roof, when viewed
from the neighbouring property across Clinton Street. Although the subject
accessory building is proposed to be setback 8.0 feet from the Clinton Street
property line, it would still be visible to the northern neighbours across
Clinton Street creating some negative impacts. The properties bordering the
subject site to the east front onto Patterson Avenue. The rear yards of these
sites adjoin the eastern property line of the subject site. Due to the
significant amount of shrubbery and deciduous trees bordering the adjoining
property line, these sites will not be affected by the requested variance.
With regard to the overall
neighbourhood context, the subject block fronting Clinton Street has two
similar accessory buildings in front yards located immediately west of the
subject property. The lot directly west of the subject lot, 7907 Suncrest
Drive, appeared before the Board on 1977 July 07 (BV# 1659) for a similar
variance requesting an accessory carport in the front yard. This variance was
approved by the Board. Similarly, the second lot to the west, 7913 Suncrest
Drive, appeared before the Board on 2015 May 07 (BV# 6161) requesting a
variance for an accessory detached garage in a front yard that had been
partially constructed in error before appearing before the Board. Although
the Planning Department did not support the requested appeal, it was approved
by the Board. There are no other lots in this block with accessory buildings
fronting Clinton Street.
Although the site topography
presents some challenges, it appears that other design options exist that
would not require the need for this variance.
The second appeal b) is to vary
section 6.14(5)(b) – “Fences” of the Zoning Bylaw from 5.91 feet to a maximum
of 9.05 feet for heights of constructed fences located to the rear of the
required front yard.
The third appeal c) is to vary
section 6.14(5)(b) – “Fences” of the Zoning Bylaw from 5.91 feet to a maximum
of 10.47 feet for heights of constructed retaining walls located to the rear
of the required front yard. In reference to both appeals b) and c), the
intent of the Bylaw is to mitigate the massing impacts of new fences, walls
and other structures on neighbouring properties.
With respect to the second appeal,
the fence height is determined by measuring from the ground level at the
average grade level within 2.95 feet of both sides of the fence. In this
case, the portion of the retaining wall above the average grade level is
included in the calculation.
With respect to the third appeal,
the retaining wall height is determined by measuring from the exposed ground
level to the surface of the ground which the retaining wall supports. In this
case, the portion of the retaining wall above this surface is not included in
the calculation.
In both cases, the requested
variances are located in the northwest corner of the subject lot starting
from the southwest corner of the proposed accessory garage, continuing to the
west for approximately 9.5 feet terminating 0.53 feet east of the western property
line.
As the subject fence and retaining
wall are setback approximately 27.25 feet from the north fronting property
line, neighbouring dwellings across Clinton Street to the north would not be
affected by these variance requests. The property directly west of the
subject site, is similarly sloped and contains an accessory structure in the
northeast corner, as mentioned above. Existing shrubs and greenery along the
bordering property line would prevent negative impacts from being present on
this neighbouring site.
The over-height portions of the
proposed retaining wall and fence will be visible only by the occupants of
the subject site from within their property. Although the rear façade of the
proposed dwelling is setback 20.11 feet from the subject fence and wall, a
closed in feel will be present in the rear outdoor living space of the
subject site.
In summary, it is noted that the use
of retaining walls, fences and guards is common when dealing with challenging
site topography, such as that of the subject site. Accordingly, the use of
retaining walls is common in this neighbourhood. However, despite the
challenging topography of the site, it appears that other design options
exist that would not require the need for these variances.
ADJACENT OWNER’S COMMENTS:
No correspondence was received
regarding this appeal.
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