Staff Report: Development Variance Permit – 77 Norquay Road

COUNCIL REPORT

TO: Council DATE: August 15, 2012 FROM: J. Davison, MCIP, Planning Technician MEETING DATE: September 4, 2012 FILE NO.: 3090-20-2012/08

DEVELOPMENT VARIANCE PERMIT – 77 NORQUAY RD

RECOMMENDATION:

THAT Council consider approval of Development Variance Permit 2012/08 for a variance to the Rear Yard Setback within the R-1A: One Family Residential zone from 7.5m to 6.8m. The variance is per the plans attached to the report from the Planning Technician at the September 4th 2012 Council Meeting;

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 77 Norquay Rd in an R-1: One Family Residential (Large Lot) zoning to permit an outdoor patio cover structure (already constructed) which projects 3m from the rear of the existing house and 0.7m into the rear yard.

BACKGROUND:

The subject property is zoned R-1A: One Family Residential. The property is situated near the end of Norquay Rd and was constructed in 2010. The house was built close to the maximum site coverage. The lot has a servicing easement over the rear 6m of the property, which makes it impossible to construct an accessory building in that portion of the yard.

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 proposed variance allows for an extension of the primary dwelling in the form of a sloped-roof patio cover with supporting beams, extending 3m from the rear of the house.

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

• Applicant’s Statement, Photos and Neighbour Consent – Don & Cheryl Laidlaw
• Complete set of Building Plans - Victoria Design – July 30, 2012
• Current Copy of Title and Particulars

The proposed Development Variance Permit addresses the following aspects:

• A variance to the rear yard setback in an R-1A zoning from 7.5m to 6.8m.

Issues and Analysis

The principal issue for the committee to consider in this application is whether the variances are appropriate and whether the use and enjoyment of the neighbouring properties will be unduly affected by this variance.

This is a minor variance (less than 1m) and given the relatively private nature of the rear yard Staff has no reason to believe that this variance will impact the use and enjoyment of neighbouring properties. Additionally, the owners are not permitted to build a structure within the rear 6m of the yard and Staff believes this is a reasonable proposal given those constraints.

RECOMMENDATION:

THAT Council consider approval of Development Variance Permit 2012/08 for a variance to the Rear Yard Setback within the R-1A: One Family Residential zone from 7.5m to 6.8m. The variance is per the plans attached to the report from the Planning Technician at the September 4th 2012 Council Meeting;

ALTERNATE RECOMMENDATION:

An alternate recommendation would be that Council refuse the variance.

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, Photos and Neighbour Consent – Don & Cheryl Laidlaw
4. Building Plans – July 30, 2012