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Special Council/Documents/COUNCIL REPORT: 20 EDWARDS ESTATES--DEVELOPMENT VARIANCE PERMIT
Staff Report

COUNCIL REPORT: 20 EDWARDS ESTATES--DEVELOPMENT VARIANCE PERMIT

December 13, 2016Pages 4–51 section

A report regarding a request to increase the maximum floor area on a lot from 325 m2 to 365 m2 to retain an existing accessory building.

20 Edwards EstatesDecember 5, 2016Increase floor area from 325 m2 to 365 m2Staff Recommendation: not approve

TOWN OF VIEW ROYAL COUNCIL REPORT

TO: Council DATE: December 5, 2016 FROM: Lindsay Chase, MCIP RPP MEETING DATE: December 13, 2016

20 EDWARDS ESTATES--DEVELOPMENT VARIANCE PERMIT

RECOMMENDATION:

That Council not approve Development Variance Permit 2016/16.

CHIEF ADMINISTRATIVE OFFICER’S COMMENTS:

I concur with the recommendation.

DIRECTOR OF PROTECTIVE SERVICES COMMENTS:

I concur with the recommendation.

PURPOSE OF REPORT:

To bring forward a request for a variance to increase the maximum floor area permitted on a lot from 325 m² to 365 m² in order to retain an existing accessory building on the site. Notices with respect to this application were sent on December 1, 2016 to properties within 100 meters of 20 Edwards Estates.

BACKGROUND DISCUSSION:

The subject property (Attachment 1) is within the R1-B zone, which allows a maximum floor area of 325m² for all structures, including accessory buildings. In 2016 the property owner took out a building permit to construct an addition to the house to facilitate a secondary suite. They were advised that the addition brought the property above the maximum floor area limit and that the existing accessory building located in the front yard would need to be removed prior to final occupancy.

The building permit in question added an addition to the existing house that includes three parking spaces in a garage and a secondary suite above this space. At 1720m², the lot is well over the minimum lot size of 600m² required in the R1-B Zone and is also below the maximum allowed lot coverage (Attachment 2—Site Plan).

The building permit is near completion, however it cannot be concluded without either the accessory building being removed, or Council granting a variance to the floor area. The property owner has allowed the suite to be occupied without an occupancy permit or a secondary suite permit being granted. The property owner would like to keep the existing accessory building (Attachment 3—Letter from applicant).

Staff have reviewed the application and do not recommend approval. The existing accessory building is located in the front yard of the site and is 45m² in size. While demolition of the building may temporarily inconvenience neighbors, this is not a long term situation, whereas granting approval to retain the accessory building results in this non-conforming structure being permitted permanently. If additional storage is required on site, the rear yard would be the most appropriate location for an accessory structure. Depending on the size of accessory building, an application for variance maybe required for this as well.

If Council wishes to consider an alternate recommendation, this would be appropriate wording:

That Council approve Development Variance Permit 2016/16 to vary the maximum floor area permitted on a lot from 325m² to 365m².

RECOMMENDATION:

That Council not approve Development Variance Permit 2016/16.

SUBMITTED BY: L. Chase, Director of Development Services

REVIEWED BY: K. Anema, Chief Administrative Officer

Attachments

  1. Subject Property Map
  2. Site Plan
  3. Letter from Applicant
Page 4–5

Document Images

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Extracted from: 2016 12 13 Special Council meeting - Agenda - Pdf