Staff Report: Development Variance Permit No. 2014/02 - 281 Pallisier Ave
Report on an application to legalize a parking space and fence that encroach on the public boulevard.
TOWN OF VIEW ROYAL COMMITTEE REPORT
TO: Committee of the Whole DATE: March 4, 2014 FROM: J. Davison, MCIP RPP, Planner MEETING DATE: March 11, 2014 FILE NO.: 3090-20-2014/02
DEVELOPMENT VARIANCE PERMIT – 281 PALLISIER AVE
RECOMMENDATION
THAT Committee receive the report for information.
CHIEF ADMINISTRATIVE OFFICER’S COMMENTS
I concur with the recommendation.
DIRECTOR OF DEVELOPMENT SERVICES’ COMMENTS
I concur with the recommendation.
PURPOSE OF REPORT
The purpose of this report is to present the application for a Development Variance Permit for 281 Pallisier Ave to legalize a constructed parking space which incorporates fenced retaining walls, and a fenced retaining wall along the rear property line. The works encroach on the boulevard and require variances to fence height (retaining walls are considered fences for the purpose of height) and driveway crossing location.
BACKGROUND
The subject property is zoned R-1: One Family Residential (Large Lot). The lot is situated at the corner of Beaumont Ave and Pallisier Ave. The existing house is a recent build, completed in 2013. As part of the landscaping of the site, the applicant constructed a parking space along the western edge of the property supported by concrete retaining walls. There is a fence atop the retaining walls. The work was conducted without permits, and a portion of the fencing and parking surface remains unfinished as per a stop work order.
PROJECT INFORMATION
Proposal
The subject property is subject to the requirement to obtain a Development Variance Permit (DVP) pursuant to Section 922 of the Local Government Act. This DVP focuses on the consideration of proposed variances impacting the use and enjoyment of the adjacent properties.
The applicant has submitted the following information in support of their application:
- Applicant’s Statement – Marianna Mazza
- Site Plan – Island Land Surveying
- Site Plan with Fence Heights – Island Land Surveying
The proposed Development Variance Permit addresses the following aspects:
- A variance to fence height in the rear yard from 2m to 3m.
- A variance to the 1.5m distance of a driveway crossing from an adjacent lot line to 0m.
Additionally, the works encroach 1.2m into the Town’s boulevard.
Issues
As presented, the purpose of the application is to permit the constructed/proposed works, which require variances. The works consist of the rear yard fence and the constructed retaining walls forming the parking space in the northwestern corner of the property. The entirety of the fences/structures is in the restricted setback area, other than the portion which is in the boulevard.
Fence Height
At the highest point, the fence is 1m over-height at 3m from finished grade to the top of the fence. This point is at the interior corner of the retaining wall for the parking space. The highest point of the fence along the rear property line is 2.8m.
Driveway Crossing Location
The driveway location is required to be 1.5m from any property line; the driveway is at the property line as indicated by the variance from 1.5m to 0m.
Encroachment
The retaining wall/fences encroach on the Town’s boulevard both along the rear property line and at the interior portion of the parking space’s retaining wall. An illustration of this is attached to the report.
Analysis
Staff believes there are significant problems with the siting of the retaining walls which make up the parking space; while the height of the fences and retaining walls and the proximity to the property line are of concern to staff, the primary issue is the encroachment of the retaining walls and fences 1.2m into the boulevard.
Staff’s opinion is that private structures within the boulevard should not be permitted. Not only are there liability issues and vehicular/pedestrian safety issues for the Town, but permitting these structures limits the options for future boulevard development along Pallisier Ave. Additionally, one must assume that the purpose of the parking space is for parking a vehicle; the siting of this space ensures vehicular encroachment several metres into the boulevard for all but the smallest of cars.
A re-configuration of the works in question to align with the Land Use Bylaw regulations and to ensure that the works are entirely upon the applicant’s own property would be staff’s recommendation.
RECOMMENDATION
THAT Committee receive the report for information.
ATTACHMENTS:
- Subject Property Map
- Subject Property Orthophoto
- Applicant’s Statement - Undated
- Site Plan – Island Land Surveying Ltd – December 13 2013
- Site Plan with fence heights – Island Land Surveying Ltd – December 13 2013
- Fence Height Detail - staff
- Staff Photos – March 5 2014
Document Images
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