Letter from M. & D. Marrs Re: Development Variance Permit - 2446 Lund Road
Opposition letter from neighbors at 2450 Lund Road detailing concerns over drainage, sightlines, and the history of bylaw infringements at 2446 Lund Road.
2450 Lund Road Victoria B.C. V9B 6V5
September 4, 2022
Town of View Royal 45 View Royal Avenue Victoria B.C. V9B 1A6
Dear Council Members:
RE: Application # DVP2022-03
With regard to the next Council Meeting being held September 6, 2022 @ 7:00 pm, we hereby provide our comments pertaining to the abovementioned application.
As neighbours to property 2446 Lund Road sharing a fence, we want to ensure that our comments are taken into consideration as it directly affects the Development Variance Permit that the owners of 2446 Lund Road are wanting approved.
In addition, we have provided communication information between us and the Town of View Royal’s Bylaw Compliance and Building Permits Departments under APPENDIX A, outlining concerns from back to November 2021.
With warm regards,
Michael and Delcia Marrs
Encl.
Town of View Royal Planning and Development Report
Meeting Date: July 12, 2022 File No: 3360-20-2022-04
2450 Lund Road Comments: This was not passed by Town of View Royal - There was no building permit, and it was an illegal pad at the time.
The parcel is zoned CD-5A Mixed Residential - Small Lot, which does not regulate the amount of impermeable surface, but does require 20% of a lot to be greenspace. 26% of this parcel is greenspace.
2450 Lund Road Comments: Please consider the amount of the green space that is available that is 'considered backyard'. Keeping in mind, their current drainage is our backyard.
2450 Lund Road Comments: This cover would obscure our view of the park and beyond. We believe it would also devalue our property due to current north-west sight lines being obscured.
2450 Lund Road Comments:
- Are there plans for a firepit? If so, it is a prospective safety hazard. We are already being flooded, now we have to worry about potential fire hazard, health and safety issues.
- Please confirm what this round object at the north-west corner of 2446 Lund Road backyard is?
DISCUSSION: A patio cover was installed earlier this year without a building permit and it collapsed under snow load. Engineered plans have been provided for this application. If approved, a building permit will be required.
2450 Lund Road Comments: This structure was in fact installed November 2021. It was illegally built over a once illegal pad. There was no building permit. The collapse occurred in January 2022.
A drain pipe has been installed to divert roof runoff into the storm drain.
2450 Lund Road Comments: We believe this is the original gutter(s) that came with the house. If there is any additional engineered drainage, please provide details. Our property continues to be inundated with all the water runoff from their very large patio, which is directed to drain onto a portion of our lawn, and hence, we have standing water distributed across a wider area of our backyard. This water then eventually drains underneath our pad. The Town of View Royal's engineers (at the time of build) signed off on the non-installation of perimeter drainage due to our house being on a pad. This has caused damage to our property. This started to occur when the previous owners (police officers) extended their patio (at the time illegally - ignoring By-laws).
It will be Council's prerogative to:
- approve the requested variance to the rear yard setback from 6.0m to 2.1m;
- reject it; or
- approve a difference variance to the rear yard setback.
2450 Lund Road Comments: The owners of 2450 Lund Road reject this proposal.
2450 Lund Road Comments: Of note: On one occasion, the owners of 2446 Lund Road emptied a child's pool located in their backyard, by flipping the pool over onto their grass area. The water runoff from the pool moved expeditiously onto our backyard. We invited the adult female owner of 2446 Lund Road to witness this runoff from our yard. She witnessed a large amount of water (4 inches) sitting against our foundation and certainly relayed her shock at the speed and the amount of water that had moved into our yard.
For your consideration: We would like to request that a water drainage test be conducted at 2446 Lund Road in order for the Town's engineers to witness the amount of water that flows from 2446 Lund Road backyard onto 2450 Lund Road backyard.
Attachment 2: Letter for Mayor and Council for Variance Application
The hardship is not being allowed to build an addition that flows from the strict application of the setback and is peculiar to the property because of the location of the patio area and the shape of the lot.
2450 Lund Road Comments: Please explain the 'hardship' as noted here. We are bemused, as 99% of properties in our area do not have a covered patio.
Staff Presentation: Development Variance Permit 2022/03
Meeting: Committee of the Whole Meeting Date: July 12, 2022
2450 Lund Road Comments: Bullet point 1: “A patio cover was installed earlier this year without a building permit and it collapsed under snow load”. The structure was installed November 2021 without a permit, on a then illegally constructed pad that did not go through the Town of View Royal. The structure collapsed in January 2022.
Bullet Point 3: “A drain pipe has been installed to divert roof runoff into the storm drain”. This statement needs to be expanded and explained. We believe the owners of 2446 Lund Road are referring to the 'original drainpipe'.
Note: During the atmospheric river weather conditions, this drainpipe was disconnected. The owners of 2450 Lund Road offered a ladder to the owners of 2446 Lund Road to reconnect this pipe. However, they rejected the offer, and drainpipe was left unattached during the storm (refer attached photo opposite).
2450 Lund Road Comments: This would interfere with our current sightlines and in our opinion, devalue our property.
RECOMMENDATION: THAT the July 8, 2022 report from the Senior Planner titled “Development Variance Permit 2022/03 – 2446 Lund Road” be received for information.
2450 Lund Road Comments: Is the engineer aware of the amount of water 2446 Lund Road property drains and runs off onto 2450 Lund Road property, which was built with no perimeter drainage?
Refer photo opposite re standing water against foundation in the backyard at 2450 Lund Road.
APPENDIX A:
Communication with Town of View Royal – Bylaw Compliance Department
To: Bylaw Compliance From: Michael and Delcia Marrs Date: November 17, 2021 Subject: Bylaw Infringement at 2446 Lund Road, Victoria B.C.
Good Morning,
The property at 2446 Lund Road, Victoria B.C. V9B 6V5 has, in the last two weeks, constructed an enclosed porch/pergola on a cement pad in their backyard. This property resides directly alongside our property, 2450 Lund Road, Victoria B.C. V9B 6V5.
With the recent heavy rains that we have experienced here in Victoria, water run-off from this new construction has directly hit our backyard, creating a swamp and essentially undermining our property, safety and health. We understand that the owners of 2446 Lund Road did not approach the Town of View Royal municipality for any building permits for the addition of, or removal of any structures.
We are also of the understanding that the recent enclosed porch/pergola is built on a cement pad which also was not approved by the Town of View Royal. The cement pad was constructed illegally by the previous owner; Roger, the Victoria police officer. The problems we are experiencing commenced when this pad was constructed. We constantly have six (6) inches of standing water, which then goes under our foundation pad. This has caused damage to our property, which is now much worse due to the addition of this new structure (porch/pergola).
Per the Town of View Royal’s building permit requirements “Building permits are required when creating, changing, altering or adding to structures. Building permits and inspections ensure the health, safety and protection of persons and property by confirming that buildings and their systems conform to relevant bylaws, the BC Building Code, and other applicable standard”. The owners of 2446 Lund Road have not conformed to this.
Any water run-off from property 2446 Lund Road is directed immediately to our property. We are extremely concerned that matters dealing with water run-off, grading, construction and removal of structures on property 2446 Lund Road are unlawful and prohibited according to the Town of View Royal’s bylaws.
Your earliest attention to these matters is greatly appreciated. Photos can also be provided upon request. Should you wish to inspect the damage caused on our property and house, we gladly welcome you.
With regards, Michael and Delcia Marrs
From: Bylaw Compliance Date: November 17, 2021 Subject: File 2021-598 RE: Bylaw Infringement at 2446 Lund Road, Victoria B.C.
Good morning Michael and Delcia Marrs,
Thank you for your email. I have forwarded it to our building department as they are better suited to deal with this issue. The person you will want to speak to is Dawn Miles buildingpermits@viewroyal.ca who is away until next week but will contact your when she returns.
Regards, Laura Busby Bylaw Enforcement Services Clerk Town of View Royal
From: Building Permits Date: November 23, 2021 Subject: File 2021-598 RE: Bylaw Infringement at 2446 Lund Road, Victoria B.C.
Good Afternoon,
Thank you for your email outlining the construction without a permit at 2446 Lund Rd. I Forwarded your concern to the Building Official. The inspector conducted a site visit today. He will be following up to ensure that all required permits are obtained, and that both the BC Building code and View Royal Zoning Bylaw are satisfied. Should you have additional questions regarding this information feel free to contact me directly.
Regards, Dawn Miles Development & Licensing Services Town of View Royal
From: Michael and Delcia Marrs Sent: December 1, 2021 To: Building Permits Subject: File 2021-598 RE: Bylaw Infringement at 2446 Lund Road, Victoria B.C.
Good Afternoon,
We are very interested to have resolution details on this matter. Please advise and confirm.
With regards, Michael and Delcia Marrs
From: Building Permits Sent: December 1, 2021 Subject: File 2021-598 RE: Bylaw Infringement at 2446 Lund Road, Victoria B.C.
Good afternoon,
As noted on the email below on November 23, 2021, the Inspector has followed up on your complaint. The Town is in the process of communicating with the owners regarding the construction of the covered patio / entrance way, permits required, and ensuring it conforms to both View Royal Zoning Bylaws as well as BC Building Code.
Regards, Dawn Miles Development & Licensing Services Town of View Royal
From: Michael and Delcia Marrs Sent: January 7, 2022 To: Building Permits Subject: UPDATE: File 2021-598 RE: Bylaw Infringement at 2446 Lund Road, Victoria B.C. Importance: High
Good afternoon,
Just an update on the illegal structure(s) at 2446 Lund Road. The recently built pergola/covered structure has now collapsed and is now once again discharging water back onto their pad which is now coming into our property (see attached photos).
Regards, Michael and Delcia Marrs
From: Building Permits Sent: January 7, 2022 Subject: UPDATE: File 2021-598 RE: Bylaw Infringement at 2446 Lund Road, Victoria B.C.
Thank you, I will add it to their file.
Regards, Dawn Miles Development & Licensing Services Town of View Royal
*** From January 8 – September 2022 we have not received any further updates on this from the Town of View Royal. ***
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