DEVELOPMENT VARIANCE PERMIT 2015/03 – 130 Burnett Road

DEVELOPMENT VARIANCE PERMIT 2015/03 – 130 Burnett Road

RECOMMENDATION

THAT the Committee of the Whole receive the March 3, 2015 report from the Senior Planner titled "Development Variance Permit 2015/03 - 130 Burnett Road" 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

To present an application for a Development Variance Permit to permit a maximum fence height of 2.5m along the side property line where 2.0m is the maximum permitted.

BACKGROUND

The 700m² subject property is a single family residential lot located on Burnett Road. The E& N rail right-of-way is directly adjacent (see Attachment 1). Construction of Phase 2 of the E&N Rail Trail between Four Mile Bridge and the Island Highway / Burnside Road West intersection began in the summer of 2014. The trail is being built by the Capital Regional District within the E&N rail right-of-way between the rail line and the side lot line of the subject property.

The CRD has advised that generally the trail construction has already been designed to minimize physical impact on adjoining properties, so replacement fences would not be provided or cost shared by the CRD. Mature vegetation (Figure 1) including blackberry bushes was removed to accommodate the trail and a drainage ditch (see Figure 2). Staff is working with CRD to mitigate general screening impacts along the trail within the scope of the Tree Protection Bylaw No. 695, 2009.

PROPOSAL

The applicant requests a Development Variance Permit to permit a maximum fence height of 2.5m (2.0m maximum permitted) along the side lot line the subject property bordering the E&N Rail Trail. No specific design is proposed.

ANALYSIS AND DISCUSSISON

Two variances would be required as follows:

A high privacy fence adjacent to a trail is typically not encouraged because the blank wall effect would create an unfriendly pedestrian streetscape and could compromise the safety of trail users through the loss of oversight. Council recently approved Development Permit 2015/01 to permit 2.5m fences along the rear lot lines of twelve lots on Glenairlie Drive. The circumstances supporting the proposal included the following:

1. The railway tracks are significantly higher than the elevation of the subject properties
2. The construction drawings show the edge of the trail to be 2.0 m from the property line.
3. There is no space to plant replacement trees within the right-of-way — the 2.0 m space between the trail and property line is occupied by a drainage channel
4. No adjacent properties would be affected.

In this case:

1. The railway tracks and the trail are relatively even to the elevation of the subject property
2. The construction drawings (Attachment 3) show the edge of the trail to be minimum 4.0 m from the property line (note: this needs to be verified on the ground)
3. There may be space to plant replacement trees within the right-of-way
4. No adjacent properties would be affected.

Page 7 of Attachment 2 shows the visual impact of a 2.0 m fence as permitted by the Zoning Bylaw. Staff considers this standard height to be appropriate for both privacy and security.

Given these factors, it is difficult to support the application. Staff does not support a 2.5m fence in the front yard because it has the potential create visibility and safety problems at the trail intersection with Burnett Road.

Alternative options could include permitting a different fence height altogether or different fence heights in the front yard and along the side lot line.

If no significant issues arise at the Committee of the Whole meeting, staff can carry out notification of the Council meeting to consider this application as per the requirements of the Local Government Act and Development Procedures Bylaw No. 730, 2009.

If the proposal or some other increased fence height is approved by Council, the following should also be noted:

a. If the permit is approved and a property owner does not substantially construct a fence by the time the permit expires (24 months), any fence must with comply with applicable Zoning Bylaw requirements. A new development variance permit application can be submitted. b. Section 5.6.1 of Property Maintenance Bylaw No. 512, 2003 requires property owners to remove graffiti.

RECOMMENDATION

THAT the Committee of the Whole receive the March 3, 2015 report from the Senior Planner titled "Development Variance Permit 2015/03 - 130 Burnett Road" for information.

SUBMITTED BY: J. Chow MCIP RPP, Senior Planner

REVIEWED BY: L. Chase MCIP RPP, Director of Development Services