Board of Variance Minutes

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1 Board of Variance Minutes City Manager's Board Room City Hall Avenue Surrey, B.C. MONDAY, AUGUST 27, 2001 Time: 9:00 a.m. Present: Chairperson - M. Cooper D. Cutler J. Grenier Absent: B. Dack P. Rust Staff Present: H. Herbstreit Manager, Residential Section - Planning & Development D. Hoey Planning Assistant, Area Planning & Development Division - Planning & Development C. Bonneville Administrative Assistant, Legislative Services A. NEW APPEALS Appeal No Gertruda Mulder For permission to relax the rear yard setback requirements from 7.5 m to 3.05 m to allow construction of a new single family dwelling at Street. Mr. Ron Peters, Real Estate Agent, Sutton Medallion Realty Ltd. and Mr. Bob Love, Lands and Right-of-Way, Trans Mountain Pipe Line Company Ltd., the Appellants, were in attendance to discuss the appeal. Mulder, the property owner, be received. Pipe Line be received. That the letter authorizing Mr. Peters to act on behalf of Ms. Gertruda That the letter authorizing Mr. Peters to act on behalf of Trans Mountain In response to a question from the Board regarding Ms. Mulder competency and authorization for an agent, Mr. Peters stated that there is a real estate contractual agreement with Ms. Gertrude Mulder to act on her behalf, and Ms. Mulder has signed the Board of Variance application as well. The Manager, Field Inspections, confirmed the following information: The property is zoned RF Single Family Residential Zone. The requested variance is for the rear yard setback requirement from 7.5m to 3.05m to allow construction of a new single-family dwelling. The calculations submitted for maximum floor area ratio, by the Appellants are incorrect. The maximum floor area is 2900 sq. ft., as the minimum lot size must be used. There are no encroachment permitted in the Right-of-way, including no overhangs and no footings. The garage cannot project further than 50% of the front of the building. In response to a question from the Board the Manager, Field Inspection reviewed the plans submitted and stated that there may be overhangs encroaching into the right-of-way. Mr. Bob Love stated the following comments:

2 The house should be suitable for a family; the encroaching overhangs could be dealt with by an encroachment agreement being registered on title. It would be a modification agreement registered on title that allows the encroachment due to the difficult building lot area. Trans Mountain has no intention of holding onto this property, as we are not in the business of real estate. If the variance were granted it would allow for some cost recovery. Mr. Peters provided the contract to purchase to the Chair of the Board; the Chair stated the following information. The Contract is dated June 26, There is a subject to the sale, which states approval of the Trans Mountain Board of Directors is required. Mr. Peters advised that the subject has since been removed. Ms. Mulder was in Surrey Memorial Hospital for the last 3 and ½ months, and her son Mark made the decision to sell the property, as she now requires the facilities offered in a care home. Ms. Mulder is competent and has recently prepared power of attorney to her two sons. A letter stating Ms. Mulder's competency is not required, a majority of the conversations regarding this transaction have taken place with her lawyer and/or her two sons Mark and Thomas, whom have power of attorney. The Chair expressed her concern for the two required signatures of the property owner not being consistent. Mr. Peters responded that the ability to sign and mental ability are two different competencies. He further stated that his first obligation is to represent Ms. Mulder and he could have had the property on the market sooner however he was concerned for Ms. Mulder's well being as an elderly person, and it is always desirable that the dignity of the elderly be retained and allow them to act on their own behalf. Mr. Gary Brown of Street was present to speak to the appeal. He stated that he is the adjoining property located to the south. He questioned the ownership of the property and was advised that Trans Mountain has given a $5,000 dollar deposit. Mr. Brown expressed his opposition to allowing this variance, as the proposed house would be built closer to his home and would obstruct the view from his home. The Planning Assistant clarified the requirements of the zoning by-law by quoting the following The side yard may be reduced to not less than 1.2 metres (4 ft.) providing that the opposite side yard on the lot is at least 2.4 metres (8 ft.). Mr. Edwin Wakaryk of Avenue was present to speak to the appeal. He expressed his opposition to allowing the variance and stated the following comments. Trees will have to be removed from the property and this would create a wind tunnel, currently the trees provide screening from the wind and the sun. He feels that the agent of this appeal had threatened him by stating if he does not agree to the variance a larger home will be built. He feels that the proposed home will not be consistent with the neighborhood in which there are a majority of rancher type homes. The house should conform to the setbacks, not allowed to be built closer to the fence line and not allowed to remove the trees. Mr. Mark Redmond of Street was present to speak to the appeal. He expressed his opposition to the appeal and stated the following. Documents dated 1952 and given to Mr. Redmond when he purchased his home in 1989 were put forward to the Board. He reviewed the history of the surrounding properties and Trans Mountains right-of-way. He stated that Trans Mountain had rejected his request to extend his carport into the area surrounding the right-of-way. He further stated that he had requested to plant alder and evergreen trees on his property that Trans Mountain removed these trees within their right to maintain the area of the right-of-way. He expressed his concern for a large company wanting to remove the existing home and build a new home to make money. Mr. Love of Trans Mountain Pipeline responded to Mr. Redmond's concerns, stating that the National Energy Board regulates the company, which states 30 meters around the right-of-way is a safety zone. We request through the statutory right of way registered on properties that we are aware of what is happening around the right-of-way. Mr. Peters stated that at the time of Mr. Redmond purchasing his home he would have had a real estate agent and a lawyer representing him during his purchase and they would have made him aware of the statutory right-of-way document. Mr. Redmond stated that he does not have the power to build a new house due to the restriction placed on his property by Trans Mountain Pipeline, and now Trans Mountain Pipeline is building a new house that will devalue his house. A member of the Board stated that Mr. Redmond concerns regarding his property are not relevant to the variance

3 appeal. The concerns expressed by Mr. Redmond are between him as the property owner and Trans Mountain as owner of the right-of-way. The Chair stated that Trans Mountain has no jurisdiction over the Board of Variance and the Board is not dealing with the hardship of Mr. Redmond's property, they are dealing with the particular circumstances as they lay with the property of the appeal. Mr. Redmond stated that he is making the Board aware of the history to allow them to make an informative and intelligent decision on why there is not a hardship in this case, based on the history of the surrounding properties. Trans Mountain is the potential owner not the owner; therefore there is no hardship for the current owner, only for the potential owner. Mr. Laszlo Varga of Avenue was present to speak to the appeal. He stated that he is the adjoining rear property. He purchased his property for the privacy of the lot, and has concern for the removal of two trees between the property in question and his lot. The Appellant advised that a tree-cutting permit would have to be obtained and that mitigation could be done in this area. Mr. Varga stated that he would like the house to conform to the zoning bylaw. In response to a question from the Board, Mr. Peters responded that the approximate assessed value of the land portion is $90,000; the house and the building are assessed at approximately $125,000. Avenue, be received. Street, be received. That the letter of opposition from Mr. and Mrs. Varga of That the letter of opposition from Shirley Dahlgren of Ms. E. Moore of Avenue was present to speak to the appeal. She stated that we as neighbors have a personal stake in this development, as we are the ones that will be living there everyday. She submitted a letter and stated the five reasons why she opposes allowing this variance as follows: (1) This would be in contravention to the City's by-laws. (2) The new development would destroy existing treed area and vegetation around the area. It has taken many years to develop all of the greenery that exists at the present time. This would be destroyed within a couple of days. (3) The new development would impeded on the property at Avenue. The new building would overshadow the existing adjacent property. This would be a very unfair project. (4) All of the other properties along 141 Street have remained within the by-law and this new building would grossly be out of alignment amongst the other houses on the street. (5) Other options could be explored by the builders that have not yet been considered, such as, building a smaller house or renovating the existing dwelling on the property, or perhaps building the proposed house at an entirely different location. be received. That the letter of opposition from Ms. E. Moore of Avenue, A Board discussion ensued regarding the concerns of the neighbors, the right-of-way interest merging once the property is purchased by Trans Mountain, the proposed building changing once the property is purchased, the variance application being premature, tabling the application and the question of land ownership at the time of appeal and whether a house could be design within the zoning requirements. That Appeal be denied.

4 the decision of the Board of Variance that the Appeal be denied. The meeting recessed at 10:40 a.m. and reconvened at 10:55 a.m. with the same members in attendance. Appeal No Cliff & Margaret Hull For permission to relax the front yard setback requirements from 48.8 m to m and relax the east side yard setback requirements from 10.1 m to 3.0 m to allow placement of a mobile home at Avenue. No one was in attendance to discuss the appeal. The Chair read a letter submitted by the Appellant requested that their application be tabled. That Appeal No be tabled the decision of the Board of Variance that the Appeal be tabled. Appeal No Tom & Darlene Ashbaugh For permission to relax the side yard setback requirements from 1.8 m to.96 m to allow construction of a garage extension at A Street. Mr. Tom Ashbaugh, the Appellant, was in attendance to discuss the appeal. The Manager, Field Inspections, confirmed the following information: The property is zoned RF Single Family Residential Zone. The requested variance is for the side yard from 1.8m to.96m to allow construction of a garage extension. The Appellant advised: The carport is suitable for one car; we are proposing to enclose the carport to make a garage. We have recently renovated the entire house, however we do not have adequate storage space. We require storage space for our bicycles, camping equipment, lawnmower and table saw. In our renovation we have included facilities to provide heating and lighting into the garage extension. This addition is the most available option and most economical approach to the addition. addition be received. That the letter from Mr. and Mrs. Ashbaugh advising of reasons for the That the petition of support from: 1. Lisa May of A Street; 2. Kensley Palmer of A Street; 3. Warren Myhre of A Street; 4. Emma Myhre of A Street; 5. Greg Pauls of A Street; 6. Debbie Pauls of A Street; 7. Mike Beeley of A Street; and

5 8. Vern Halldorson of A Street be received Seconded by J. Cutler That Appeal No be allowed. the decision of the Board of Variance that the Appeal be allowed. Appeal No B. Lamb & K. Lamb For permission to relax the east side yard setback requirements from 4.5 m to 1.8 m and relax the west side yard setback requirements from 4.5 m to 1.8 m to allow construction of a new single family dwelling at nd Avenue. Mr. Lamb, the Appellant, was in attendance to discuss the appeal. The Manager, Field Inspections, confirmed the following information: The property is zoned RA One-Acre Residential Zone. The requested relaxation is for both side yards from 4.5 m to 1.8 m to allow construction of a new single-family dwelling. The Planning Assistant advised that there is an active application for subdivision that the new house would fit into. The house will fit into the Douglas Neighborhood Concept Plan as well. Mr. Lamb advised that they would like to build a house and stay in the area they are in, but because the lot is so long and narrow is would be difficult to build a house to accommodate his family which is now four times larger. That Appeal No be allowed. the decision of the Board of Variance that the Appeal be allowed. B. ADOPTION OF MINUTES A member of the Board noted there was no adjournment time in the minutes of July 17, be approved as amended. That the minutes of the Board of Variance meeting of C. OTHER COMPETENT BUSINESS 1. The notification letter to be approved by the Board and initialed by the Chair. 2. Letter regarding Cabinet Appointment

6 The Board requested that the secretary draft a new letter. The new letter should included the following information: Addressed to all the City of Surrey MLAs. Congratulations on their individual appointments to Cabinet. Request that the vacancy on the Board be filled, as the cabinet appointed member's term expired in March 2001 and she has continued to fulfill her obligations as stated under the Local Government Act. The Board expresses their desperation to have the position fill as the cabinet appointed member has other commitments. J. Grenier stated that she would speak to Barbara Kotzer and request that she put her name forward, at Gordon Hogg's office, as a replacement for Cabinet Appointment D. NEXT MEETING The next meeting of the Board of Variance will be held on Tuesday, September 18, 2001 at 9:00 a.m. E. ADJOURNMENT The Board of Variance meeting adjourned at 11:49 a.m. Chairperson

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