Section : to increase the maximum height of a retaining wall within a required yard from 1.2m to 2.5m.

Transcription

1 Public Notice December 7, 2017 Subject Properties Subject Properties: 102, 106, 110, 114, 118, 122, 126, 130, 134, 138, 142, 146, 150, 154, 158, 162, 166, 170, 174, 178, 182, 186 and 190 Avery Place and 2753, 2749, 2741 and 2737 Evergreen Drive Lots 1-27, District Lot 2710, Similkameen Division Yale District, Plan EPP62484 Application: Development Variance Permit PL The applicant is proposing to construct engineered retaining walls in the required setbacks as needed, ranging from 1.2m to 2.5m in height. This will help to provide useable yard space due to the steepness of the lots and to address slope stability issues. The maximum allowable height of a retaining wall in a required setback is 1.2m, therefore the applicant is requesting a Development Variance Permit to vary the following section of Zoning Bylaw No : Section : to increase the maximum height of a retaining wall within a required yard from 1.2m to 2.5m. Information: The staff report to Council and Development Variance Permit PL will be available for public inspection from Friday, December 8, 2017 to Tuesday, December 19, 2017 at the following locations during hours of operation: Penticton City Hall, 171 Main Street Penticton Library, 785 Main Street Penticton Community Centre, 325 Power Street You can also find this information on the City s website at Please contact the Planning Department at (250) with any questions. Council Consideration: Council will consider this application at its Regular Council Meeting scheduled for 6:00 p.m. Tuesday, December 19, 2017, in Council Chambers at Penticton City Hall, 171 Main Street. continued on Page 2

2 Public Comments: You may appear in person, or by agent, the evening of the Council meeting, or submit a petition or written comments by mail or no later than 9:30 a.m., December 19, 2017 to: Attention: Corporate Officer, City of Penticton 171 Main Street, Penticton, B.C. V2A 5A9 publichearings@penticton.ca. No letter, report or representation from the public will be received by Council after the conclusion of the December 19, 2017 Council meeting. Please note that all correspondence submitted to the City of Penticton in response to this Notice must include your name and address and will form part of the public record and will be published in a meeting agenda when this matter is before the Council or a Committee of Council. The City considers the author s name and address relevant to Council s consideration of this matter and will disclose this personal information. The author s phone number and address is not relevant and should not be included in the correspondence if the author does not wish this personal information disclosed. Blake Laven, RPP, MCIP Manager of Planning For office use only: city\address\avery Pl\102\PLANNING\2017 PRJ-331\NOTICES\ Public Notice Page 2 of 2

3 Council Report Date: December 19, 2017 File No: DVP PL To: Draft Peter Weeber, Chief Administrative Officer From: Randy Houle, Planner I Address: Lots 1-27, Avery Heights Subject: Development Variance Permit PL Staff Recommendation THAT Council approve Development Variance Permit PL for Lots 1-27 District Lot 2710 Similkameen Division Yale District Plan EPP62484, located along Avery Place and Evergreen Drive as highlighted in red in Attachment A, a permit to to increase the maximum height of a retaining wall within a required yard from 1.2m to 2.5m; AND THAT staff be directed to issue Development Variance Permit PL Background The subject properties (Attachment A) are zoned R1 (Large Lot Residential) and designated by the City s Official Community Plan as LR (Low Density Residential). Photos of the sites are included as Attachment D. The subject properties are part of Avery Heights, with single family dwellings currently under construction on a few of the lots. The surrounding properties are zoned R1 (Large Lot Residential). Proposal The applicant is proposing to construct engineered retaining walls in the required setbacks as needed, ranging from 1.2m to 2.5m in height. This will help to provide useable yard space due to the steepness of the lots and to address slope stability issues. The maximum allowable height of a retaining wall in a required setback is 1.2m, therefore the applicant is requesting a Development Variance Permit to vary the following section of Zoning Bylaw No : Section : to increase the maximum height of a retaining wall within a required yard from 1.2m to 2.5m. Financial implication N/A Technical Review

4 This application was forwarded to the City s Technical Planning Committee (TPC) and reviewed by the Engineering and Public Works Departments. Technical requirements have been identified and will be addressed as part of the building permit process. These items include the requirement for a geotechnical engineer and cross-sections of the proposed retaining walls. Analysis Development Variance Permit Support Variance When considering a variance to a City bylaw, staff encourages Council to be mindful of any constraints on the property that makes following the bylaw difficult or impossible; whether approval of the variance would cause a negative impact on neighbouring properties and if the variance request is reasonable. Section : to increase the maximum height of a retaining wall within a required yard from 1.2m to 2.5m. As previously mentioned, the proposed retaining walls will help to provide useable yard space for the future residents of Avery Heights and to address slope stability issues. The majority of the walls will be internal, thus having little impact on the surrounding neighbourhood. The retaining walls that do abut neighbouring properties will primarily be constructed of Allan blocks, providing a more aesthetically pleasing appearance than a typical cast-in-place wall. The purpose of the walls along Lots 11, 12, 18 and 19 are to retain the existing grade of neighbouring properties, thus they should not be visible from the neighbour s side. The developer is unsure of the exact walls that will be required on the remaining properties as it depends on the house design chosen by the customers. The purpose of this variance is to enable the developer to construct retaining walls as required within the setbacks on any of the lots, up to 2.5m in height. This will save the developer, staff and Council member s time as individual variances for each wall won t have to come before Council one at a time. Deny/Refer Variance Council may consider that the proposed variance will negatively affect the neighborhood. If this is the case, Council should deny the variance. Alternate Recommendations 1. THAT Council support DVP PL with conditions. 2. THAT DVP PL be referred back to staff. Attachments Attachment A: Attachment B : Attachment C: Attachment D: Attachment E: Attachment F: Attachment G: Draft Subject Property Location Map Zoning Map OCP Map Subdivision Plan Typical Retaining Wall Section Letter of Intent with Photos Development Variance Permit PL Council Report DVP PL Page 2 of 14

5 Respectfully submitted, Randy Houle Planner I Approvals DDS CAO Draft Council Report DVP PL Page 3 of 14

6 Attachment A Subject Property Location Map Draft Figure 1: Subject Property Location Map Council Report DVP PL Page 4 of 14

7 D ra ft Attachment B Zoning Map Figure 2: Zoning Map Council Report DVP PL Page 5 of 14

8 D ra ft Attachment C- OCP Map Figure 3: OCP Map Council Report DVP PL Page 6 of 14

9 Attachment D Subdivision Plan Figure 4: Subdivision Plan Draft Council Report DVP PL Page 7 of 14

10 Attachment E- Typical Retaining Wall Section Figure 5: Typical Allan Block Wall Section Draft Council Report DVP PL Page 8 of 14

11 Draft Figure 6: Typical Cast-in-Place Wall Council Report DVP PL Page 9 of 14

12 Attachment F Letter of Intent with Photos Draft Council Report DVP PL Page 10 of 14

13 Draft Council Report DVP PL Page 11 of 14

14 Draft Council Report DVP PL Page 12 of 14

15 Attachment G - Development Variance Permit PL Draft Council Report DVP PL Page 13 of 14

16 Draft Council Report DVP PL Page 14 of 14