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Public Notice

March 26, 2015 Subject Property: 2465 Baskin Street Lot 9, District Lot 198, SDYD, Plan 25119 Application: Development Variance Permit PL2015-021 The applicant has requested to vary the following sections of Zoning Bylaw 2011-23 in order to build a garage/workshop on the property: • Section 10.7.2.4.ii.a: Decrease the minimum side yard (northwest) setback of an accessory building from 4.5m

to 0.75m • Section 10.7.2.4.iii: Decrease the minimum rear yard setback of an accessory building from 4.5m to 2.0m Information: Staff’s report to Council and Development Variance Permit PL2015-021 will be available for public inspection from Friday, March 27, 2015 to Tuesday, April 7, 2015 at the following locations during hours of operation: • Penticton City Hall, 171 Main Street • Penticton Library, 785 Main Street • Penticton Community Centre, 325 Power Street You can also find this information on the City’s website at www.penticton.ca/publicnotice. Please contact the Planning Department at (250) 490-2501 with any questions. Council Consideration: Council will consider this application at its Regular Council Meeting scheduled for 6:00 p.m. Tuesday, April 7, 2015, in Council Chambers at Penticton City Hall, 171 Main Street.

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http://www.penticton.ca/publicnotice

of 2 For Office Use Only: city\ADDRESS\Baskin St\2465\2015 MP 295\NOTICES\2015-03-26 Public Notice

Public Comments: You may appear in person, or by agent, the evening of the Council meeting, or submit a petition or written comments by mail or email no later than 9:30 a.m., Tuesday, April 7, 2015 to: Attention: Corporate Officer, City of Penticton 171 Main Street, Penticton, B.C. V2A 5A9 Email: [email protected]. No letter, report or representation from the public will be received by Council after the conclusion of the April 7, 2015 Council Meeting. Please note that all correspondence submitted to the City of Penticton in response to this Notice will form part of the public record and will be published in a meeting agenda when this matter is before the Council or a Committee of Council. The City considers the author’s address relevant to Council’s consideration of this matter and will disclose this personal information. The author’s phone number and email address is not relevant and should not be included in the correspondence if the author does not wish this personal information disclosed. Those persons with special hearing, language or access needs should contact City Hall at (250) 490-2400 prior to the meeting. Blake Laven, RPP, MCIP Manager of Planning

mailto:[email protected]

Council Report

Date: April 7th, 2015 File No: DVP PL2015-021 To: Chuck Loewen, Interim City Manager From: Lindsey Fraser, Planner I

Address: 2465 Baskin Street

Subject: Development Variance Permit PL2015-021

Staff Recommendation

THAT Council approve “Development Variance Permit PL2015-021” for Lot 9, District Lot 198, Similkameen Division Yale District, Plan 25119, located at 2465 Baskin Street, a permit to decrease the minimum required side yard from 4.5m to 0.75m and the minimum rear yard setback from 4.5m to 2.0m, in order to build a garage/workshop on the property.

AND THAT staff be directed to issue “Development Variance Permit PL2015-021”.

Background

The subject property (‘Attachment A’) is located in a low density, residential area of the city and is zoned RM1 (Low Density Cluster Housing). The lot is one half of a duplex, owned as fee simple, freehold property.

In most cases, RM1 zoning is reserved for single family bareland strata developments. However, this area of the city has several properties that are zoned RM1, but contain either single family homes or fee simple rowhousing. The RM1 zoning designation, thus, seems to be an antiquated designation, unreflective of actual housing type.

Typically, the RM1 zone calls for setbacks of 4.5m on all sides of the property. In order to build a garage on this property and have access from the driveway, the siting of the garage requires a variance. Additionally, in order for the garage not to dominate the backyard and make better use of the small backyard space, a variance is required for the rear yard setback.

Proposal

The applicant is requesting a development variance permit to vary the following sections of Zoning Bylaw 2011-23:

• Section 10.7.2.4.ii.a: Decrease the minimum side yard (northwest) setback of an accessory building from 4.5m to 0.75m

• Section 10.7.2.4.iii: Decrease the minimum rear yard setback of an accessory building from 4.5m to 2.0m

Council Report Page 2 of 12

Financial implication

N/A

Technical Review

This application was forwarded to the City’s Technical Planning Committee and reviewed by the Engineering and Public Works Departments. No conditions prior to variance permit approval were identified through this referral process. If the application for variance is successful, the applicant will have to show conformance to the requirements of the BC Building Code prior to building permit approval.

Analysis

Approve

When reviewing an application for variance, staff encourage Council to consider whether there is a hardship on the property that makes following the bylaw difficult. In the case of this application, Council may feel that the inappropriate historical zoning of this property is a hardship on the property. The current zoning makes the possibility of constructing a typical accessory building on this property difficult without the benefit of a variance.

Furthermore, staff feel that the variance will have no negative impact on neighbouring properties. The position of the garage on the lot (‘Attachment B’) ensures no neighbouring properties are impacted; the property that the garage is closest to is, in fact, a park. It is not expected that this garage will distract visually from the park’s aesthetic environment.

Finally, it is important to examine the intent behind the RM1 designation and the on-ground built form of this neighbourhood. Given this lot is a duplex, it would typically have a designation of RD1 (Duplex Housing) is other areas of the City. In the RD1 zone, the accessory building setback is 1.2m from the side and 1.5m from the back. If viewed from the perspective of the other duplex lots, the side-yard variance being requested here is relatively minor and the rear yard variance would not be required.

Given the above, staff feel that the request is reasonable. As such, staff recommend that Council support the variance and direct staff to issue the permit.

Deny

Council may feel that the variance is not justified and that the property owner should follow the bylaw. If that is the case, Council should deny the variance. Alternatively, Council may wish to refer the application back to staff to work with the property owner in determining a more appropriate design for the accessory building.

Alternate recommendations

THAT “DVP PL2015-021” be denied.

THAT “DVP PL2015-021” be approved with conditions.


Attachments

Attachment A – Subject property location map Attachment B – Images of subject property Attachment C – Letter from applicant Attachment D – Draft DVP

Respectfully submitted,

Lindsey Fraser Planner I

Approvals

Director City Manager


Attachment A – Subject Property Location Map

Figure 1: Subject property located in low density neighbourhood, beside park


Attachment B – Images of Subject Property

Figure 2: Aerial photo of subject property

Approx. location of garage

Entrance to be from front driveway


Figure 3: Looking south west at subject property

Figure 4: Looking north west into yard, in approximate location of garage

Garage to be located toward rear of property


Attachment C – Letter from Applicant

The owners made a mistake in their Letter of Intent. In fact, as stated

above, they are applying for a 2.0m and 0.75 m variance.


Attachment D – Draft DVP

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