District of Coldstream

Board of Variance Meeting Agenda for December 4, 2017

Municipal Hall, 9901 Kalamalka Road, Coldstream, BC

2:00 PM

1. ELECTION OF CHAIRPERSON

2. APPROVAL OF AGENDA Recommendation

THAT the agenda be approved as circulated.

3. MINUTES

There are no unadopted meeting minutes.

4. APPEAL 17-019-BOV (INGRAM), 7809 CACTUS DRIVE

Property owner: J. and L. Ingram

Civic address: 7809 Cactus Drive

Legal description: Lot 33, Sec. 14, Tp. 9, ODYD, Plan 28069

Variance requested: To vary the setback provisions of the District of Coldstream Zoning Bylaw No. 1382, as amended. The request is to reduce both the rear and side yard setbacks for an accessory residential building (garage/shop) from 2 metres to 1 metre. The side yard setback request is from the north property line.

3 - 15 4.a. Staff Report and Appeal Application

• Report from the Planning Technician dated November 14, 2017

• Opportunity for the applicant to speak November 14, 2017 report

4.b. Written Submissions Received

4.c. Oral Submissions at Board of Variance Meeting

4.d. Board of Variance Order

5. ADJOURNMENT

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Page 2 of 15

District of DISTRICT OF COLDSTREAM

Coldstream REPORT TO THE BOARD OF VARIANCE

FROM: Michelle Austin, Planning Technician Development Services

-suBJECT: Development Application - Information Sheet

CIVIC ADDRESS 7809 Cactus Drive

LEGAL DESCRIPTION Lot 33, Sec. 14, TP 9, ODYD, Plan 28069

PID NO. 002-102-552

FILE NO. 17-019-BOV

DATE November 14, 2017

PROPOSAL The District of Coldstream has received a Board of Variance application to vary the setback provisions of the District's Zoning Bylaw. The request is to reduce both the rear and side yard setbacks for an accessory residential building (garage/shop) from 2 metres to 1 metre. The side yard setback request is from the north property line.

EXISTING USE Single family home

PROPERTY SIZE 840 square metres

OCP DESIGNATION Residential

ZONING - - Residential Two Family (R.2}

SURROUNDING Use Zoning LAND USES Singte family residences North R.2

East R.2 South R.2 West R.2

WATER SUPPLY Community Water

SEWER SERVICES Community Sewer

Kalamalka Secondary School Single family residences Cactus Drive/Single family residences

HARDSHIP _The applicant included the following comments to support the proJ:>osal: • Features of this property that contribute to consideration for hardship: limited

space between house and property line. Complying with the side property setback will result in the garage/shop being situated somewhat behind the house making it difficult to maneuver a vehicle into the garage.

• Comments: without the variance parking our trailer in shop not possible. • See application package.

Page 1 of 1 Page 3 of 15

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ATTACHMENTS

CONTACT

Attachment 1: Location Map Attachment 2: Application Attachment 3: Photos Attachment 4: Referral Comments ·Attachment 5: Adjacent-Landowner Map

Michelle Austin, Planning Technician W: 250-550-1507 E: maustin@coldstream.ca

Page 4 of 15

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Attachment 2: Application

THE DISTRICT OF COLDSTREAM

APPLICANT NAME

MAILING ADDRESS

NOTICE OF APPEAL - BOARD OF VARIANCE

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OWNERS'S NAME

CIVIC ADDRESS Intended .Land Use

LEGAL DESCRIPTION L,p \:33, ?},~ \ lf-;:D? \ D\::i")\) )hi)\. '?J..15 Db~ ___ DsFo

I hereby appeal to the BOARD OF VARIANCE for a variance order under the following provision(s) of the MUNICIPAL ACT:

E:( SITING, DIMENSIONS or SIZE of a building or structure .

or SITING of a MANUFACTURED HOME in a manufactured home park

D- Structural ALTERATIONS or ADDmONS to a NON~CONFORM;NG building or structure

· D- SUBDIVISION SERVICING requirement in an area zoned AGRICULTURAL or Industrial

D- Determination by .a Building Inspector_ of the AMOUNT OF DAMAGE is in error.

The requested variance is for relief under: .g ::Jo f ·CJ, c. l i) . Section(s) fO 1· "'q ~ol . of the District of Coldstream ZONING BYLAW

Section(s) ~he District of Coldstream SUBDIVISION BYLAW .

I have applied for a BUILDING PERMIT Yes~ No D If "Yes" give DATE of Building Permit application Ct;} .-;)-/?-· VARIANCE (RELIEF) REQUESTED: -hro rl'l ) -"'n -h· l n~ on b c~,.,h +~ S1cu_ ~~ r~c.,r-I hereby declare that the information contained herein is, to the best of my knowledge, factual and correct. I make this NOTICE OF APPEAL to the BOARD OF VARIANCE on the basis that complianc_~ with the above mentioned section{s) of the Dis_tri dstream ZONING or SUBDIVISION Bylaw will cause me UNDUE HARDSHIP.

( Date

· - FOR OFFICE USE ONLY -

Property ROLL NO.------

Board of Variance PROCESSING FEE of $200.00 received _____ _

Referral Required to: D BUILDING INSPECTOR (NORD)

· D Ministry of Highways

D Ministry of Environment

Board HEARING scheduled for _____ _ DAPPROVED

Receipt No. ___ _

DoENIED

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--- - - - ~ , -- - -

BOARD OF VARIANCE - A.PPLlCATION CHECKLIST

HARDSHIP TEST: Features of this property that contribute to consideration for hardshi1

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UNDUE HARDSHIP TEST: Features on parcels in the vicinity of this property that contribute

to the consideration of undue hardship: -----------------

VARIANCE.REQUESTED: (Section of Bylaw. and variance requested)

~ROM: . ~ TO: ~',l _11 ::'.:> 1 · cm titroi-

EFFECT VARIANC,E MAY HAVE ON ADJACENT LAND: ---L.....cYJ_-.r.&.....1--=--,b,D::)1,~ ..... J=------.........

BYLAW INTENT:----------------------

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BOARD OF VARIANCE -APPEAL PROCEDURES

1 ne Board has the authority to hear appeals, and ·to order a MINOR VARIANCE to certain provisions of the Municipality's Zoning Bylaw.

JURISDICTION: The Board will hear appeals when a person feels that compliance with the Municipality's Zoning Bylaw respecting any of the following would cause UNDUE HARDSHIP: (i) the SITING, DIMENSIONS or SIZE of building or structure, or

the SITING of a MANUFACTURED HOME in a Mobile Home Park; (ii) structural ALTERATIONS or ADDITIONS to a NON-CONFORMING building

or structure; . (iii) SUBDIVISION SERVICING requirement in an area zoned for

AGRICULTURAL or Industrial use; (iv) determination by a Building Inspector of the AMOUNT OF DAMAGE to legal

non conforming builing

On an application under i,ii, or iii above, the Board may order that a MINOR VARIANCE be permitted from the requirements of the Bylaw, and the Board's decision is final.

A decision of the Board under item iv above may be appealed to the Court.

REQUIRED DOCUMENTATION:

A written notice of appeal MUST be accompanied by the following documents: (i) the "Notice of Appeal" signed by the property owner, setting out in detail the grounds

upon which the appeal is based and the relief sought. If the appeal is submitted by an agent, written authorization from the owner must accompany the appeal.

(ii) a memorandum from the Building Inspector denying the building permit application and setting out the sections of the Zoning Bylaw the application violates.

(iii) a site plan, 8 1/2" by 11" in size, drawn to scale, and detailing the proposed development with the siting distances from the respective property lines, as weU as the location of all existing structures on the property with their respective siting distances.

At the time of filing a Notice of Appeal, the applicant shall pay to the District of Coldstream an application fee of $200.

A notice of appeal must be in the hands of the Secretary of the Board, through the office of the Clerk, no later than twelve (12) calendar days prior to the hearing date.

The owners and occupants of all properties surrounding the property subject to the appeal will be notified, in writing, of the appeal and the hearing date.

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PROPOSED -BUILDING LOCADON ON LOT 3~ SEC 14, TP 9, ODYD, PLAN 28069.

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@ . JASON R. SHORIT, B.C.LS., 2017. FAX: 545-2741 J.UN 7, 2017

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2801-J2nd Street, Vemon, 8.C. Phone 545-051 r . INGRAU

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Attachment .3: Photos -I

Photo 1: Air photo of subject property

Photo 2: View of side yard, facing east

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Photo 3: View of proposed shop site facing east J: •1 '

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Photo 4: View of proposed shop site facing north (taken from the rear yard)

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Photo 5: View of common side lot line, facing east from Cactus Drive

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Attachment 4: Referral Comments

District of DISTRICT OF COLDSTREAM

Coldstream REPORT TO THE BOARD OF VARIANCE

· FROM: Michelle Austin, Planning Technician Development Services .

FILE NO. 17-0i9-BOV

DATE November 14, 2017

SUBJECT: Development Application - Referral Comments

CIVIC ADDRESS

LEGAL DESCRIPTION PID NO.

PROPOSAL

DEVELOPMENT

. SERVICES

7809 Cactus Drive

Lot 33, Sec. 14, TP 9, ODYD, Plan 28069

002-102-552

The District of Coldstream has received a Board of Variance application to reduce the

rear and side yard setbacks for an accessory residential building (i.e. a shop) from 2

metres to 1 metre. The side yard setback request is from the north property line.

· I

• The subject property is located within the Residential Two Family (R.2) Zone of the

District of Coldstream Zoning Bylaw 1382, 2002 .

• Under Section 703.9. (Rear Yard and Side Yards), accessory residential buildings

and structures cannot be closer than 2 metres to rear and side lot lines.

• Due to the north/south orientation of the length of the existing house, the owners

have limited optionsfor the siting of a shop. There is not sufficient room within

the front yard area or within the rear yard, expect in the northeast corner.

• There should be minimal impacts to the school property as the proposed shop

backs onto the school field. However, there may be concerns about students

climbing the fence and being able to climb on the roof of the shop for thrills.

• The rear yard setback requ.est appears unnecessary for facilitating accessibility for

a recreational vehicle.

• A setback of 1 metre along the side yard seems to provide sufficient room within

which to back a. recreational vehicle into a shop.

• With a side yard setback of 1 metre, from the northeast·corner of the house to the

edge of the garage there is about 4.8 metres (15.9 feet) of the front of the garage

accessible. A portion of this length is needed to accommodate the northwest

corner of the shop before the door opening, approximately 0.3 metres (1 foot).

This still leaves about 4.5 metres (14.9 feet) of maneuvering room .

INFRASTRUCTURE • . N/A

SERVICES

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BUILDING

l·NSPECTIONS

ADJACENT

LANDOWNERS

• Section 305 of the Zoning Bylaw allows for a roof projection of 1 meter into the

side yard setback so, even .if the building was built at the two meter set back, the

roof could project within 1 meter of the property boundary.

• This request would also have the roof line at 1 meter from the property boundary.

• The Building department is in support of this as long as the roof eves are not closer

than 1 meter to the property boundary and no windows are permitted on the

exteriorwalls facing the property boundaries. These conditions will be part of the

building permit approval if the project proceeds.

• In accordance with Section 541 of the Local Government Act and Section 12.b of

Board of Variance Bylaw No. 1639, 2013, a copy of the agenda was delivered to

adjacent landowners as shown on Attachment 5.

• Any adjacent landowner comments will be circulated to Board members upon

receipt.

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