3 CORPORATION OF THE CITY OF VERNON

BOARD OF VARIANCE

TUESDAY, MARCH 5, 2019

9:00 a.m. – KALAMALKA LAKE ROOM

A G E N D A

1. ADOPTION OF AGENDA

2. ADOPTION OF MINUTES

Thursday, March 7, 2018 (attached)

3. APPEAL – BOV00058 – 2907 25 Street a) The applicant is requesting to allow an existing non-conforming portion of the

single family dwelling to encroach on the required side yard setback (attached).

i. Open of Public Input – Applicant Notified Public and others Planning Department Representative

ii. Close of Public Input

4. APPEAL – BOV00059 – 2000 32 Street

a) The applicant is requesting to allow an existing non-conforming building height increase for portions of the single family dwelling (attached).

i. Open of Public Input – Applicant Notified Public and others Planning Department Representative

ii. Close of Public Input

5. ADJOURNMENT

THE CORPORATION OF THE CITY OF VERNON

MINUTES OF

THE BOARD OF VARIANCE

THURSDAY, MARCH 7, 2018

OKANAGAN LAKE ROOM – 9:00 a.m.

ORDER The meeting was called to order at 9:05 a.m.

ELECTION OF CHAIR AND VICE-CHAIR

Moved by Member Stoddard, seconded by Member Cooper: THAT Member O’Keefe be elected the Chair for the Board of

Variance for 2018. CARRIED.

Moved by Member O’Keefe, seconded by Member Seifert: THAT Member Stoddard be elected the Vice-Chair for the

Board of Variance for 2018. CARRIED.

PRESENT:

ABSENT:

GUESTS:

STAFF:

VOTING: Robin Stoddard Tom Seifert David O’Keefe Kimberley Cooper Harpreet Singh Nahal (9:07 a.m.) none Spencer Bradley, Applicant Carie Liefke, Planning Assistant Janice Nicol, Legislative Committee Clerk

BOARD OF VARIANCE MEETING MARCH 8, 2018

2

ADOPTION OF THE AGENDA

Moved by Member Cooper, seconded by Member Seifert: THAT the agenda for the Board of Variance meeting of Thursday, March 8, 2018 be adopted. CARRIED.

ADOPTION OF THE MINUTES

Moved by Member Seifert, seconded by Member Cooper: THAT the minutes from the October 17, 2017 Board of Variance meeting be adopted. CARRIED.

Adjacent neighbours to this property were notified 10 days prior to the Board of Variance hearing. No additional submissions were received other than those having no objection, submitted with the initial Board of Variance application and distributed to the Board in their information package. The Chair called for input from the Applicant, notified public and Planning Department representative for BOV00057 – 3611 20 Crescent. The Applicant, Spencer Bradley, reviewed his application and made the following points:

• Has lived on subject property for 25 years • His home is built on a crescent developed in 1964 • Needed to do roof improvements and hired a contractor to

put roof on cement pad for storage of his antique car • Contractor and Applicant believed there was ample room

as there appeared to be over two metres from the fence to proposed carport roofline (setback is 1.5m)

• City contacted Applicant regarding the proximity of the new roof to fence line and a survey certificate was requested

• Survey showed that fence lines/retaining wall did not represent the property line. Possible that the developer had moved the property lines to ensure they were straight to the street.

• Neighbours have constructed fences, put in trees, etc. with all growth established.

• Applicant did not realize that two feet would be lost as demonstrated by survey certificate

• Will cause undue hardship if carport is required to be removed, involves jackhammering up concrete, etc.

BOARD OF VARIANCE MEETING MARCH 8, 2018

3

• Neighbours do not want to see subject carport moved and reconstructed in legal location as it would look odd and could lower the property values of this property and surrounding ones

• Applicant has already made an investment in getting survey certificate, Board of Variance application, etc.

The Chair closed the public input for BOV00057 – 3611 20 Crescent. It was noted that the Planning Department has no plans at this time to correct the property line issue in this neighbourhood. This issue could be dealt with through encroachment agreements and this may be necessary went properties are sold.

BOARD OF VARIANCE APPLICATION FOR PROPERTY LOCATED AT 3611 20 CRESCENT

Moved by Member Stoddard, seconded by Member Seifert;

‘BE IT RESOLVED that the Board of Variance approve the application submitted by the owners of 3611 20 Crescent to reduce the minimum side yard setback on the west property line from 1.5m to 0.58m for the new carport as shown on the survey certificate of location prepared by J.R. Shortt and dated September 22, 2017 for Lot 6, Blk 2, DL 73, ODYD, Plan 13979 conditional on a Restrictive Covenant being registered by the owner to prevent enclosing or expanding the new carport in the future. CARRIED.

The Board of Variance meeting adjourned at 9:30 a.m.

ADJOURNMENT

CERTIFIED CORRECT: _________________________ Board of Variance Chair

9.3.2 PrimarY Uses

r care centre, major (use is onty permitted with the R2c sub-zoning district)

. single detached housing

9.3.3 SecondarY Use

. boarding rooms

. bed and breakfast horneS (in single detached housing only) (Bylaw 5498)

I care centres, minonr Eroup home, minor. home based businesses, minor. home based businesses, major (use is only permitted with the R2h sub-zoning district)

. secondary suites

. seniors supportive housing

9.3.4 SubdivisionRegulations

. Minimum lot width is 18.0m.

. Minimum lot area is 557m2, or 10,000m2 if not serviced by a cornrnunity sewer

system.

9"3.5 DeveloPmentRegulations

9.3

9.3.1

9.3.6

Attachment I

R2 : Large Lot Residential

Purpose

The purpose is to provide a zone for single detached housing, and compatible secondary

uses, on large sized urban serviced lots. The R2c sub-zoning district allows for care centre,

maloi as ariadditional use. The R2h sub-zoning district allows for home based business,

major as an additional use. (Bvlaw 5467)

. Maximum site coverage is 40% and together with driveways, parking areas and

impermeable surfaces shall not exceed 50"/".. Maximum height is the lesser of 10.0m or 2.5 storeys, except it is 4.5m for secondary

buildinEs and secondary structures.. Minimum front yard is 5.0m.. Minimum side yard is 1.5m, except it is 5.0m from a flanking street. Where there is no

direct vehiculaiaccess to the rear yard or to an attached garage or carport, one sideyard shall be at least 3.0m.

. Minimum rear yard is 7.5m, except it is 1.0m for secondary buildings. Where the lotwidth exceeds the lot depth, the minimum rear yard is 4.5m provided that one sideyard shall have a minimum width of 4'5m.

. ihe maximum heiglrt of any vertical wall element facing a front, flanking or rear yard

(including walkouibasements) is the lesser of 6.5m or 2.5 storeys, above which the

building must be set back at least 1.2m.

Other Regulations

. There shall be no more than one single detached house per lot'

. Where development has access to a rear lane, vetticular access tu the development is

only permitted from the rear lane.. Foi seniors supportive housing, a safe drop-off area for patrons shall be provided on

the site.

SEcrtoN 9.3 : LnncE Lor ReslosrurlnlzoNrNG BYLAW NO. 5000 (2003)

R2-1or2CITY OF VERNON

BOVBOV BOV0058

' Seniors supportive housing shall be lor no more than four residents. (Byraw s467)

' ln addition to the regulations listed above, other regulations may apply. These ineludethe general development regulations of Section 4 (secondary development, yards,projections into yards, lighting, agricultural setbacks, etc.); the specific use regulationsof Section 5; the landscaping and fencing provisions of Section 6; and, the parking andloading regulations of Section 7.

' As per Section 4.10.2 - AII buildings and structures, excluding perimeter fencing(garden walls and fences) on lots abutting City Roads as identified on Schedule "B"shall not be sited closer to the City Road than the setback as per the appropriate zonemeasured from the offset Rights of Way as illustrated on Schedule "B".(Bylaw 5aa0)

Secnon 9.3 : LancE Lor REsroerunnl R2-2or2zoNlNG BYLAW NO. 5000 (2003) CITY OF VERNON

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D PZ I MZ - Public lnstitutional / Multi Zone

Toning Designation

9.3

9.3.1

Attachment I

R2 : Large Lot Residential

Purpose

The purpose is to provide a zone lor single detached housing, and compatible secondaryuses, on large sized urban serviced lots. The R2c sub-zoning district allows for care centre,major as an additional use. The R2h sub-zoning district allows for home based business,major as an additional use. Fytaw 5467)

9.3.2 Primary Uses

I care centre, major (use is only permitted with the R2c sub-zoning district). single detached housing

9.3.3 Secondary Use

. boarding rooms

. bed and breakfast homes (in single detached housing only) (Bylaw 549s)r care centres, minorr group home, minor. home based businesses, minor. home based businesses, major (use is only permitted with the R2h sub-zoning district). secondary suites. seniors supportive housing

9.3.4 Subdivision Regulations

Minimum lot width is 18.0m.Minimum lot area is 557m2, or 10,000m2 if not serviced by a community sewersystem.

9.3.5 DevelopmentRegulations

. Maximum site coverage is 40% and together with driveways, parking areas andimpermeable surfaces shall not exceed 50%.. Maximum height is the lesser ol 10.0m or 2.5 storeys, except it is 4.5m for secondarybuildings and secondary structures.

. Minimum front yard is 5.0m.

. Minimum side yard is 1.5m, except it is 5.0m from a flanking street. Where there is nodirect vehicular access to the rear yard or to an attached garage or carport, one sideyard shall be at least 3.0m.

. Minimum rear yard is 7.5m, except it is 1.0m for secondary buildings. Where the lotwidth exceeds the lot depth, the minimum rear yard is 4.5m provided that one sideyard shall have a minimum width of 4.5m.

. The maximum height of any vertical wall element facing a front, flanking or rear yard(including walkout basements) is the lesser of 6.5m or 2.5 storeys, above which thebuilding must be set back at least 1.2m.

9.3.6 OtherRegulations

. There shall be no more than one single detached house per lot.

. Where development has access to a rear lane, vehicular access to the development isonly permitted from the rear lane.

. For seniors supportive housing, a safe drop-off area for patrons shall be provided onthe site.

Secror 9.3 : LancE Lor Resroe Hnll R2-1or2

I

I

zoNrNG BYLAW NO. 5000 (2003) CITY OF VERNON

Seniors supportive housing shall be for no more than four residents. (Bytaw s467)

ln addition io the regulations listed above, other regulations may apply. These include

the general development regulations of Section 4 (secondary development, yards,projeltions into yards, lighting, agricultural setbacks, etc.); the specific use regulations

of Section 5; the landscCping and fencing provisions of Section 6; and, the parking and

loading regulations of Section 7.As pei Settion 4.10.2 - All buildings and structures, excluding perimeter f9T",1q(gaiOen watls and fences) on lots abutting City Roads as identified on Schedule "B"

ihall not be sited closer to the City Road than the setback as per the appropriate zone

measured from the oflset Rights of Way as illustrated on Schedule "8".(Bylaw 5440)

SECTION 9.3 : LANCE LOT RESIDENTIAL R2-2or2zoNrNG BYLAW NO. sooo (2003) CITY OF VERNON

B.C. Land Surveyorb Building Location CertificatePUN SHOMNG BWANE ON

LOTS 9 & 10" BL 6" DL 73, ODm, PUN 225

C|VIC A2DRESS: 2OOO-32nd STRgf, WRNON, BCPtDs: OO4-567-863 & 004-5A7-871

SCALE l:200 (oll distances in netre)404812ffiDistonc* ore shown in metr6 @d decimols thereof uoless othervifinoted"

lhis plal hos been prepored bosed on Lond Titte ond Su1ey Authotityond o f@ld surcy compteted on the 6th dqt of JUNE , 2A18.UnregisteGd interests hove not b@n included or consided,

Pqrcel boundary dimensions ore derivad from Plan(d) 225

fhis plan ehovs the relative locotion of the wNgled structur$ ondfeatures sith respect to the boundaries ol the porcel descnbed obove.

fhis plan hos bcen prcpored for AMESond is for the use af the buildioq inspector ond/or modgogee onbtond is not to be uvd to re-eet6olish or defini prcpedy' biounaorilas.

Ruseil Shortt Lond SuHEprs ond the signototy occept noresponsibility for ond hereb)t discloim oll obligottbns ood liobilities fordamogo' including, but not limited to, direet, indi@t, sryciot, ondc@sequentiol domoges qrislng out of or in connec$on sith ony diretor indirect use or relionce upon the pldn beyond its intilded use.

This building locotiq certiificate. hos ben prepored in occordqnewith the monuql atondord af pmctr'ce ond is cedified corectthis 5th doy of JUNE , 2018.

iF NAi OIIIilNULY ACNM AND

russell shorttffi28o1-32nd Street, Vernn, B.C. Vtf 5La

Phone: (25O)515-O5ll Emoit: jowns@jBtbttt.co

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@ .asor R straRft, rcLs, 2otB. ALL Rtltirs RESERWD.No peen moy aapy, reprcdu@, republish, trcaffiit oroltq this document, in whole or poft ||ithout theexprw witten consent of Josn R. Shor-tt.

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