COUNCIL REPORT: 7 GOVERNOR’S POINT RD DEVELOPMENT PERMIT WITH VARIANCES

COUNCIL REPORT

TO: Council DATE: February 27, 2013 FROM: J. Davison, MCIP, Planning Technician MEETING DATE: March 19, 2013 FILE NO: 3060-20-2013/03

7 GOVERNOR’S POINT RD DEVELOPMENT PERMIT WITH VARIANCES

RECOMMENDATION:

THAT Council approve Environmental Development Permit 2013/03 to permit the construction of side yard stairs and rear yard stairs.

AND THAT Development Permit 2013/03 include the following variances:

• Variance to the 15m setback from the natural boundary of the sea as specified in Land Use Bylaw, 1990, No. 35 from 15m to 11.5 meters to permit the construction of an exterior stair structure;
• Variance to the 2.14m setback from the side yard as specified in Land Use Bylaw, 1990, No. 35 from 2.14m to 1.5 meters to permit the construction of a front stairway and porch.

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 DP2012/13 to permit the re-construction of:

• a front ‘stoop’ and stairs within the side yard, and
• rear yard stairs from a deck within the 15m setback to the natural boundary to the sea,

in an R-1 One Family Residential (Large Lot) zoned property. This is a renovation project on an existing house within a bareland strata configuration.

BACKGROUND:

These variances are being requested as part of a renovation project on the property to repair a front yard porch and steps (the main access to the house) to a higher standard than currently exists.

Front stairs/stoop variance (2.14m to 1.5m) The front stoop and stairs are currently within the setback and the new structure there will be generally of the same size and location but more solid and enclosed than the existing open structure – as such it needs a variance to the side yard setback from 2.14m to 1.5m.

Rear yard stairs variance (15m to 11.5m) The rear yard stairs are to be constructed within the 15m setback to the natural boundary to the sea – 11.5m from the natural boundary, within an Environmental Development Permit Area. They are being constructed entirely on disturbed, landscaped ground and there is no soil or vegetation disturbance in that area. The stairs will make it easier to access the patio below, and make the deck and rear yard area a more enjoyable environment.

PROJECT INFORMATION:

Proposal:

This DP focuses on the consideration of renovations within the allowed setbacks in the R-1 One Family Residential (Large Lot) zone.

The applicant has submitted the following information in support of their application:

1. Applicant's statement – January 26, 2013
2. Site Survey – Michael Claxton – October 31, 1991
3. Detailed Plans and Elevations – January 12, 2013 – Applicant
4. Site Photos – Applicant – January 10, 2013
5. Current Copy of Title

Issues and Analysis:

The issue for Council to consider is whether the variances are appropriate.

Staff has no objections to the proposed. The development at Governor's Point is characterized by reduced setbacks and a built-up, compact feel, and these variances are consistent with that. They have no measurable impact on the adjacent properties use or enjoyment.

Front stairs/stoop variance (2.14m to 1.5m) The front steps will be virtually identical to what is there currently, in terms of massing, but the variance is being identified to reflect the more robust nature and the likeliness that it will technically increase the existing legal non-conformance. This variance is about being cautious from a technical standpoint.

Rear yard stairs variance (15m to 11.5m) The stairway in the rear will result in no increased overlook onto adjacent properties and will only add to the utility of the property. The property is adjacent to a closed road (functioning as park and water access) on the western property line, and the rear yards of 6, 8 and 9 Governor's Point Rd on the east and south side. The rear yard is screened from adjacent properties by vegetation.

The proposed improvements, in staff's opinion, are of a net benefit to the property and the community.

Development Permit Area Requirements

Given that the rear steps are being built on disturbed land the stair construction arguably qualifies for a Development Permit exemption. The only (minor) concern staff has in that regard (and the reason for the Development Permit with variances rather than a Development Variance Permit) is that the rear yard steps could conceivably increase foot traffic within the more natural area of the Development Permit area.

RECOMMENDATION:

THAT Council approve Environmental Development Permit 2013/03 to permit the construction of side yard stairs and rear yard stairs.

AND THAT Development Permit 2013/03 include the following variances:

• Variance to the 15m setback from the natural boundary of the sea as specified in Land Use Bylaw, 1990, No. 35 from 15m to 11.5 meters to permit the construction of an exterior stair structure;
• Variance to the 2.14m setback from the side yard as specified in Land Use Bylaw, 1990, No. 35 from 2.14m to 1.5 meters to permit the construction of a front stairway and porch.

SUBMITTED BY: J. Davison, MCIP, Planning Technician

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

ATTACHMENTS:

1. Subject Property Map
2. Subject Property Orthophoto
3. Applicant's statement – January 26, 2013
4. Site Survey – Michael Claxton – October 31, 1991
5. Detailed Plans and Elevations – January 12, 2013 – Applicant
6. Staff illustration of variances – Staff – March 26 2013
7. Site Photos – Applicant – January 10, 2013