NOTICE OF DEVELOPMENT VARIANCE PERMIT & DEVELOPMENT PERMIT AMENDMENT (245 EDMONTON AVENUE)

Transcription

1 NOTICE OF DEVELOPMENT VARIANCE PERMIT & DEVELOPMENT PERMIT AMENDMENT (245 EDMONTON AVENUE) This is to advise that Council will consider a Development Variance Permit & Development Permit Amendment respecting Lot 1, DL 250, SDYD, Plan KAP92469 located at 245 Edmonton Avenue, Penticton, BC. The applicant is proposing to construct a three storey, 17 unit apartment building and has applied to vary the following sections of Zoning Bylaw : Section to reduce the required side yards from 4.5m to 2.4m, and Section to reduce the required rear yard from 6.0m to 4.5m. The applicant also wishes to amend Development Permit PL issued to them November 10, A copy of the staff report to Council and Permits will be available for public inspection from Friday, July 27, 2012 to Tuesday, August 7, 2012 at the following locations: Location Address Hours 1 City Hall 171 Main Street 8:30am to 4:30 pm Monday Friday Penticton Public Library Penticton Community Centre City Webpage 325 Power Street During Hours of Operation 785 Main Street 9:30 am to 5:30 pm (M/W/F/Sat) 9:30 am to 9:00 pm (Tu/Th) 1:00 pm to 5:00 pm Sun. (mid- October to Apr 30 th ) Anytime Council will consider these applications at its Regular Meeting scheduled for Tuesday, August 7, 2012, 6:00 p.m. in Council Chambers, Penticton City Hall, 171 Main Street, Penticton. Any person who believes their interests may be affected by this proposed Development Variance Permit and Development Permit Amendment may appear in person, or by agent, the evening of the Regular Council meeting, or submit a petition or written comments by mail or no later than 12 Noon, Tuesday, August 7, 2012 to Attention: Corporate Officer, City of Penticton, 171 Main Street, Penticton, BC V2A 5A9; publichearings@penticton.ca. No letter, report or representation from the public will be received by Council after the conclusion of the August 7, 2012 Council Meeting. Please note that all submissions are a matter of public record. Those persons with special hearing, language or access needs should contact City Hall at (250) prior to the meeting. 1 Please note that hours are subject to change. N:\city\ADDRESS\Edmonton Ave\245\2012-MP-997\2012-DVP-048\NOTICES\ Public Notice DVP_DP Amend.doc

2 For more information on this application please contact the Planning Department at (250) Dated this 27th Day of July 2012 Anthony Haddad, MCIP Director of Development Services Subject Property Map Lot 5 F Lot 0 P. A-33 A-33 A-33 A-33 A-33 Lot 0 R.P. A-80 Lot B R.P. A-78 R.P Lot KAP Lot A KAP KAP Lot A Lot FORESTBROOK DR Lot A R.P EDMONTON AVE R.P Lot 1 Lot 1 R.P Lot B Lot Lot 1 R.P MAN MANI MAN MAN MAN Lot 2 N:\city\ADDRESS\Edmonton Ave\245\2012-MP-997\2012-DVP-048\NOTICES\ Public Notice DVP_DP Amend.doc

3 Director AH City Manager COUNCIL REPORT DATE: August 7, 2012 File No(s): DVP PL , DP PL TO: Annette Antoniak, City Manager FROM: Blake Laven, Planner ADDRESS: 245 Edmonton Avenue LEGAL: Lot 1, DL 250, SDYD, Plan KAP92469 (PID: ) PURPOSE: To amend development permit DP PL and to give development variance permit approval for the construction of a three storey, 17 unit apartment building. APPLICANT: Paul Singla RECOMMENDATION: (Prior to consideration of the Development Variance Permit application, persons who believe their interests may be affected by the proposed variance be given an opportunity to speak to the proposal, in accordance with Section 31 of Development Procedures and Delegation Bylaw ) THAT the application for a Development Variance Permit approval to reduce the required side yards from 4.5m to 2.4m and to reduce the required rear yard from 6.0m to 4.5m on Lot 1, District Lot 250, SDYD, Plan KAP92469, located at 245 Edmonton Avenue, be supported by Council; THAT the application for Amendment to Development Permit DP PL on Lot 1, District Lot 250, SDYD, Plan KAP92469, located at 245 Edmonton Avenue, be supported by Council; AND FURTHER THAT staff be directed to issue the permits. FINANCIAL IMPLICATIONS: N/A BACKGROUND: At the November 7, 2011 Regular Meeting of Council, Council adopted a bylaw to rezone the subject property (Attachment A ) from R2 (Large Lot Residential) to RM3 (Medium Density Residential). At the same meeting, Council directed staff to issue a development permit to allow for the development of a three storey, 17-unit apartment building. Since these approvals have been in place, the applicant has moved forward with detailed building permit plans. For the building permit plans the developer is using a different architectural firm from the firm that prepared the drawings for the rezoning and development permit applications. In the creation of the building permit plans the new architect and developer decided that an enclosed garage would be preferable to an open garage structure as was previously approved. Enclosing the structure, however, requires encroachments into both required side yards (Attachment B ). In addition to the decision to enclose the garage, the new architect has suggested a number of other minor changes, including adding some architectural detailing to N:\city\ADDRESS\Edmonton Ave\245\2012-MP-997\COUNCIL\ Council Report.docx Page 1 of 27

4 the building, changing some finish material and adding some windows (Attachment C ). These changes require an amendment to the previously approved development permit (Attachment D ). Proposal The applicant is requesting development variance permit approval to vary the following sections of Zoning Bylaw : Section : To reduce the required side yards from 4.5m to 2.4m; and Section : To reduce the required rear yard from 6.0m to 4.5m. The applicant is also requesting that Development Permit PL be amended as per the drawings enclosed as Schedule A of Attachment E (draft permit). Engineering and Public Works Review The developer had been provided with a list of engineering requirements dealing with on-site servicing and off-site works prior to the submission of this application. The developer s consulting firm has been working with City staff to meet the various engineering requirements. No further Engineering or Public Works comments have been made as a result of the subject application. ANALYSIS: Development Variance Permit Support When considering an application for a variance to a City bylaw, Council should take into consideration the following: whether a hardship exists that makes building in line the bylaw difficult or impossible; if any negative impacts to neighbouring properties will result from a variation to the bylaw; and the reasonableness of the request. In this case the applicant is requesting two variances. Staff has responded to each of these below: Reduction of required side yards to 2.5m: Staff consider the variance to the required side yard minor is scale and do not foresee the approval of the variance having a negative impact on neighbouring properties. The full 2.0m encroachment into the required side yard is only for the first floor of the three storey building, which is the parking structure. The units on the upper floors of the building are stepped back from the property line 4.0m and are more in-line with the bylaw yard requirement. This variance is required because of the choice to enclose the parking area, which was originally open. Having the parking enclosed will be beneficial to neighbouring properties by reducing the amount of engine noise and eliminating headlight glare. The walls of the parkade are proposed to be done with siding in keeping with the finish of the rest of the building. And, there will be screen landscaping installed between the building and the two neighbouring properties. Staff find the request reasonable and recommend that Council support the variance. Reduction in rear yard to 4.5m: The variance to the rear yard setback only deals with the garbage and recycling structure, which was moved from its original location detached from the principal building, to its current location attached to the building. While the principal building will not be encroaching into the required yard the garbage and recycling structure will be. Staff find that the variance is minor in nature and will not have a negative impact on neighbouring residents and recommend that it also be supported. N:\city\ADDRESS\Edmonton Ave\245\2012-MP-997\COUNCIL\ Council Report.docx Page 2 of 27

5 Deny/ Refer If Council finds that the variances are not reasonable, Council may deny one or both of the variance requests. If Council chooses that course of action, the developer will have to choose whether to proceed with the project as originally proposed, or not proceed with the project. Alternatively, Council may refer the application back to staff to work with the applicant with instructions as Council feels are appropriate. Amendment to Development Permit Support After approval of the rezoning application and original development permit, the applicant changed architects to have the building permit drawings produced. The new architect has suggested a number of minor changes to the appearance of the building (Attachment D ). These changes include the following: Enclosure of the parking area (spoken to above) Relocation of the garbage and recycling area (spoken to above) Lateral expansion of the deck spaces Addition of wood frame trellis at third floor decks Addition of windows in the north stairwell Extension of south cantilevered living area bays Replacement of cultured stone facing at entry trellis with coloured concrete Modification of the roof design (to eliminate drainage traps) Increase in building height by 1.8 m (building is still well within height limitation of bylaw) Staff support all of the proposed changes to the building and find them positive in nature and in keeping in-line with the DPA guidelines and the previously approved permit. As such, staff recommend that Council support the amendments. Refer If Council feels that this project does not meet the intent of the General Multiple Family DPA, Council should refer the application back to staff with instructions on improvements that Council would like to see. ALTERNATE RECOMMENDATIONS: 1. That the development variance permit be denied. 2. That the development permit amendments are referred back to staff. ATTACHMENTS: Attachment A: Attachment B: Attachment C: Attachment D: Attachment E: Attachment F: Subject property location map Proposed variances Letter from the architect regarding the proposed changes to the plan Building elevation changes proposed Draft DP permit Draft DVP permit Respectfully submitted, Blake Laven, Planner N:\city\ADDRESS\Edmonton Ave\245\2012-MP-997\COUNCIL\ Council Report.docx Page 3 of 27

6 ATTACHMENT `A` Subject Property Location Map R.P Lot 5 FORESTBROOK DR ot B A t KAP Lot A KAP Lot KAP Lot A FORESTBROOK DR Lot A R.P R.P Lot 1 Lot 1 R.P Lot B Lot Lot 1 R.P MANITOBA MANITOBA MANITOBA MANITOBA MANITOBA ST ST ST ST ST Lot Lot 1 R.P. R 7727 Lot Lot 1 EDMONTON AVE EDMONTON AVE MANITOBA MANITOBA MANITOBA MANITOBA MANITOBA ST ST ST ST ST Lot 9 9 Lot A Lot B Lot 14 Lot B Lot A R.P Lot 1 KAP Lot 1 R.P N:\city\ADDRESS\Edmonton Ave\245\2012-MP-997\COUNCIL\ Council Report.docx Page 4 of 27

7 ATTACHMENT `B` Proposed Variances REAR YARD REDUCED FROM 6.0m TO 4.5m FOR GARBAGE ENCLOSURE SIDE YARD REDUCED FROM 4.5m TO 2.4m SIDE YARD REDUCED FROM 4.5m TO 2.4m N:\city\ADDRESS\Edmonton Ave\245\2012-MP-997\COUNCIL\ Council Report.docx Page 5 of 27

8 ATTACHMENT `C` Letter from architect N:\city\ADDRESS\Edmonton Ave\245\2012-MP-997\COUNCIL\ Council Report.docx Page 6 of 27

9 Page 7 of 27

10 ATTACHMENT `D` Currently approved plans and proposed new plans Figure 1: Currently approved plans N:\city\ADDRESS\Edmonton Ave\245\2012-MP-997\COUNCIL\ Council Report.docx Page 8 of 27

11 Figure 2: Proposed east and south elevations N:\city\ADDRESS\Edmonton Ave\245\2012-MP-997\COUNCIL\ Council Report.docx Page 9 of 27

12 Figure 3: Proposed west and north elevations N:\city\ADDRESS\Edmonton Ave\245\2012-MP-997\COUNCIL\ Council Report.docx Page 10 of 27

13 ATTACHMENT `E` Draft DP permit N:\city\ADDRESS\Edmonton Ave\245\2012-MP-997\COUNCIL\ Council Report.docx Page 11 of 27

14 Page 12 of 27

15 Page 13 of 27

16 Page 14 of 27

17 Page 15 of 27

18 Page 16 of 27

19 Page 17 of 27

20 Page 18 of 27

21 Page 19 of 27

22 ATTACHMENT `F` Draft DVP permit N:\city\ADDRESS\Edmonton Ave\245\2012-MP-997\COUNCIL\ Council Report.docx Page 20 of 27

23 Page 21 of 27

24 Page 22 of 27

25 Page 23 of 27

26 Page 24 of 27

27 Page 25 of 27

28 Page 26 of 27

29 Page 27 of 27