REGIONAL DISTRICT OF CENTRAL KOOTENAY

Committee Report

Date of Report: January 3, 2020 Date & Type of Meeting: January 15, 2020 Rural Affairs Committee Author: Dana Hawkins, Planner Subject: DEVELOPMENT VARIANCE PERMIT APPLICATION File: V1907I-01619.800-SHERBININ-DVP00180

SECTION 1: EXECUTIVE SUMMARY

The purpose of this report is to recommend that the Board issue a Development Variance Permit for a proposed accessory building under Section 1201.9 of RDCK Zoning Bylaw No. 1675, 2004 to vary the maximum gross floor area of an accessory building from 200 m2 to 231.9 m2 for the property located at at 2580 Bird Road in Electoral Area I. This proposed variance would facilitate the construction of a 71.4 m2 carport attached to an existing 160.5 m2 detached garage.

SECTION 2: BACKGROUND / ANALYSIS

GENERAL INFORMATION

Property Owners: Derek Sherbinin and Lisa Sherbinin

Property Location: 2580 Bird Road

Legal Description: Lot B District Lot 302A Kootenay District Plan NEP77799 (PID 026-246-856)

Property Size: 1 hectare (2.5 acres)

SITE CONTEXT

The one hectare subject property is designated Country Residential 2 (CR2) under Kootenay-Columbia Rivers Official Community Plan Bylaw No. 1157, 1996 and zoned Country Residential I (R2I) under RDCK Zoning Bylaw No. 1675, 2004. The parcel is accessed from Bird Road in the Shore Acres community in Electoral Area I. The property is developed with a one-family dwelling (including attached garage), manufactured home and accessory buildings.

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Figure 1: Location of Proposed Variance

Land uses on adjoining properties are as follows:

Orientation Zoning Land Use

North Country Residential I (R2I) Residential

West Country Residential I (R2I) Residential and small scale agriculture

South Country Residential I (R2I) Residential

East Open Space (OS) Kootenay River

DEVELOPMENT PROPOSAL

The owners wish to construct a carport attached to the existing garage located in the middle of the property 7.0 m from the south property line. The proposed carport is 7.3 m x 9.6 m in size (71.4 m2) and 7.0 m tall. There is currently a garage 11.0 m x 14.6 m in size (160.5 m2), and the carport is proposed to

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become an extension of the garage (see Attachment B). To facilitate this proposal the owners are requesting that the maximum gross floor area of any accessory building or structure be increased from 200 m2 to 231.9 m2.

Development Regulations Country Residential I (R2I) Zone The following table identifies Development Regulations as presented in Division 12 of RDCK Zoning Bylaw No. 1675, 2014. The table demonstrates that the proposed development meets all other zoning requirements.

Table 1: Development Regulations in the R2I Zone

Development Regulation Maximum Allowable Proposed

Maximum height 8 m 7.0 m

Maximum gross floor area for any accessory building

200 m2 231.9 m2

Maximum cumulative gross floor area of all accessory buildings

400 m2 272.8 m2

Maximum site coverage 50% 18.5%

Minimum south yard setback 1.5 m 7.0 m

Country Residential 2 Policy, Kootenay-Columbia Rivers Official Community Plan Bylaw No. 1157, 1996 3.2.4.1 The principal use shall be residential and/or agriculture. 3.2.4.2 One single detached dwelling or duplex shall be permitted per lot. In addition, if a lot is developed with a single detached dwelling, a manufactured home may be placed on the lot to provide temporary accommodation for a relative of the occupant of the principal dwelling. 3.2.4.3 The minimum lot size shall be one (1) hectare with the exception of Lot 19, District Lot 1239, Kootenay District Plan 5230 which shall be .39 hectare. SITE VISIT A site visit was conducted November 21, 2019. Site photos are included below.

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Figure 2: View from Bird Road looking east

Figure 3: View from Plain Road looking north

Proposed carport

Proposed carport

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Figure 4: View from James Road looking south

SECTION 3: DETAILED ANALYSIS

a. Financial Considerations – Cost and Resource Allocations:

Included in Financial Plan: ☐ YES ☒ NO Financial Plan Amendment: ☐ YES ☒ NO

Debt Bylaw Required: ☐ YES ☒ NO Public/Gov’t Approvals req’d: ☐ YES ☒ NO

The $500.00 fee for a Development Variance Permit was paid pursuant to RDCK Planning Procedures and Fees Bylaw No. 2457, 2015.

b. Legislative Considerations (Applicable Policies and/or Bylaws):

Under Section 498 of the Local Government Act, the Board has the authority to vary provisions of a zoning bylaw (other than use or density) through Development Variance Permits.

c. Environmental Considerations:

None anticipated

d. Social Considerations:

None anticipated

e. Economic Considerations:

None anticipated

f. Communication Considerations:

As per the requirements of the Local Government Act and the Planning Procedures and Fees Bylaw No. 2457, 2015 notices were mailed to surrounding neighbours within a 100 metre radius of the subject

Proposed carport

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property on November 19, 2019. No correspondence was received. Staff received one inquiry for further information. A referral was sent to internal RDCK departments and applicable external agencies. The following comments were received: Tarrys Volunteer Fire Department November 20, 2019 From a fire perspective, I have no concerns with this Development Variance Application. Interior Health Authority December 4, 2019 An internal file search was conducted and the following was found:

There is incomplete documentation for the on-site sewage disposal system servicing the main house.

There is complete documentation for the on-site sewage disposal system servicing the mobile home. As such, this office recommends that the applicant provide documentation to support that the proposed construction will not conflict with the existing on-site sewage disposal system servicing the main house. If no such documentation is readily available, it is recommended that the applicant retain the services of an Authorized Person under the Sewerage System Regulation to produce evidence that no such conflict will occur. Ministry of Transportation and Infrastructure December 19, 2019 The interests of the Ministry of Transportation and Infrastructure are unaffected by the proposed rezoning (sic*) and construction, as long as the use of the property remains residential. Please let the applicant know to contact the West Kootenay District office if they have any questions. *The comment references rezoning when the actual application is a Development Variance Permit.

g. Staffing/Departmental Workplan Considerations:

Should the Board grant the variance, staff would issue the permit and register Notice of Permit on the Land Title.

h. Board Strategic Plan/Priorities Considerations:

This application falls under the operational role of Planning Services.

SECTION 4: OPTIONS & PROS / CONS

PLANNING DISCUSSION

Staff have reviewed the proposed variance request and conducted a site visit. Due to a lack of vegetation on the subject and adjacent properties, the carport will be visible to neighbouring properties to the north and south. Properties most affected will be those along Plain Road. Staff received no correspondence from neighbours regarding the referral. The carport will not be visible from the frontage on Bird Road due to it being located to the east of the existing garage and being the same height.

The property’s zoning permits a maximum cumulative gross floor area of all accessory buildings of 400 m2. The addition of the attached carport and the footprint of the existing detached garage and shed are well under this regulation with a total gross floor area of 272.8 m2. Therefore the carport could be built as a detached structure and meet the zoning requirements. It is due to it being attached to the existing garage

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that a variance is required, as the combined floor area would be 231.9 m2, which is over the maximum gross floor area for any accessory building of 200 m2.

It is for this reason that staff support the variance. Attaching the carport to the existing garage will be of less visual impact to the neighbouring properties than constructing a stand-alone structure that would be permitted by the zoning regulations.

Staff are supportive of Interior Health Authority’s comments and therefore recommend that the issuance of the development variance permit be subject to confirmation that the proposed construction will not conflict with the existing on-site sewage disposal system servicing the main house.

OPTIONS Option 1: Approve the Development Variance Permit with Condition That the Board APPROVE the issuance of Development Variance Permit V1907I to Derek and Lisa Sherbinin for the property located at 2580 Bird Road and legally described as Lot B, District Lot 302A, Kootenay District, Plan NEP77799 PID (026-246-856) to vary Section 1201.9 of RDCK Zoning Bylaw No. 1675, 2004 as follows: FROM the maximum gross floor area of any accessory building or structure shall not exceed 200 m2. TO the maximum gross floor area of any accessory building or structure shall not exceed 231.9 m2. SUBJECT TO the applicant providing documentation prior to a building permit being issued to support that the proposed construction will not conflict with the existing on-site sewage disposal system servicing the one-family dwelling to the satisfaction of Interior Health Authority. Option 2: Refuse the Development Variance Permit That the Board NOT APPROVE the issuance of Development Variance Permit V1907I to Derek and Lisa Sherbinin for the property located at 2580 Bird Road and legally described as Lot B, District Lot 302A, Kootenay District, Plan NEP77799 PID (026-246-856) to vary Section 1201.9 of RDCK Zoning Bylaw No. 1675, 2004 as follows: FROM the maximum gross floor area of any accessory building or structure shall not exceed 200 m2. TO the maximum gross floor area of any accessory building or structure shall not exceed 231.9 m2. SUBJECT TO the variance applies only to the footprint for the accessory building as shown on Schedule 2.

SECTION 5: RECOMMENDATION(S)

That the Board APPROVE the issuance of Development Variance Permit V1907I to Derek and Lisa Sherbinin for the property located at 2580 Bird Road and legally described as Lot B, District Lot 302A, Kootenay District, Plan NEP77799 PID (026-246-856) to vary Section 1201.9 of RDCK Zoning Bylaw No. 1675, 2004 as follows: FROM the maximum gross floor area of any accessory building or structure shall not exceed 200 m2. TO the maximum gross floor area of any accessory building or structure shall not exceed 231.9 m2. SUBJECT TO the applicant providing documentation prior to a building permit being issued to support that the proposed construction will not conflict with the existing on-site sewage disposal system servicing the one-family dwelling to the satisfaction of Interior Health Authority.

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Respectfully submitted,

Signature

Dana Hawkins, MCIP, RPP

CONCURRENCE Initials:

Planning Manager General Manager of Development Services Chief Administrative Officer ATTACHMENTS: Attachment A – Draft Development Variance Permit Attachment B – Building Plans