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TO:
FROM:
MEMORANDUM
Chief Administrative Officer
Director of Development Services
January 12, 2009
SUBJECT: Development Variance Permit No. 135Development Variance Permit Application No. DVP-M-15Lot B, District Lot 133, KDYD, Plan KAP577552504 Corkle Street, Lower Nicola, BC (Ron and Yvonne Hagen)
INTRODUCTION:
The purpose of this application is to vary the maximum accessory building height
restriction outlined in Section 12.4 (b) of the R-2 (Residential Multi-Use) from 5.0 metres
to 5.3 metres and to vary the maximum floor area of an accessory building in Section
12.6 (c) from 65 square metres to 81.9 square metres for personal RV storage use.
BACKGROUND:
• Location
• Present zoning I use
• Proposed zoning I use
• Parcel area
• Agricultural Land Reserve
• Application date
DISCUSSION:
2504 Corkle Street
Lower Nicola, BC
R-2 (Residential Multi-Use) / residential
To vary the maximum accessory building
height from 5.0 metres to 5.3 metres and
the maximum floor area of an accessory
building from 65 square metres to 81.9
square metres / personal RV storage
0.18 ha
Affected
July 30, 2008
The subject property is the located on Corkle Avenue in the community of Lower Nicola.
The applicant wishes to have an accessory structure that is higher (5.3 meters) than the
maximum 5.0 meter height permitted in the R-2 zone; and larger (81.9 square meters)
January 12, 2009Development Variance Permit No. 135 (DVP-M-15)
Page 2
than the maximum 65 square meters permitted in the R-2 zone, in order to store his
personal recreational equipment and vehicles.
In the proposed Zoning Bylaw No. 940 amendments presented to the Board of Directors
on November 6, 2008, Planning Services recommends increasing the maximum height
of accessory buildings in the R-2 zone from 5.0 meters to 6.0 meters. Also proposed is
a recommendation that would restrict the maximum size of all accessory buildings in the
R-2 zone on parcels less than 4000 square meters (1 acre) in size to a maximum floor
area of 65 square meters (700 square feet). Should the Board of Directors adopt the
zoning amendments as proposed, in the future a similar Development Variance Permit
application would not be required for the height of the applicants' proposed accessory
building, but it would be required as the total area of all accessory buildings on the
applicants' lot would exceed the recommended maximum floor area of 65 square
meters. However, this particular application presents an anomaly. While the subject
property is zoned R-2, it's size 1821 square meters or .45 of an acre is substantially
larger than most R-2 parcels which have a minimum parcel size of 925 square meters or
.23 of an acre. In addition, the subject property is situated amongst predominantly larger
acreage rural residential properties which contain similar size accessory buildings.
Therefore, the addition of another accessory building of the size proposed would not be
out of character in this particular neighbourhood.
The subject property is designated Country Residential/Urban Conversion in the Nicola
Valley Official Community Plan, and is zoned R-2 (Residential Multi-Use). The Advisory
Planning Commission has recommended approval of DVP No. 135.
The Interior Health Authority has advised that the applicant that although their interests
are not affected by the proposed variance, the applicant is reminded to ensure that the
location of the proposed accessory building will not impact the existing on-site sewage
disposal system. The Ministry of Transportation and Infrastructure (MOT) states that its
interests are unaffected
January 12, 2009Development Variance Permit No. 135 (DVP-M-15)
Page 3
Owners and occupiers within a 100 meter radius of the subject property were mailed a
notice advising them of the DVP application. Planning Services has received no written
responses to this notice.
Finally, the applicants have stated that they agree to the form and intent of proposed
Development Permit No. 135.
Development Services supports this application as there have been no concerns raised
by the neighbours and construction of the proposed accessory building would not be out
of character in this area of Lower Nicola.
RECOMMENDATION:
That Development Variance Permit No. 135 be approved.
Respectfully submitted,
ANDREW SWETLISHOFF, MCIPDirector of Development Services
AS/bj/jlEnc!.
Attachments:
• TNRD Overview• Location Map• Official Community Plan Designation Map• Zoning Map• Development Variance Permit No. 135