Board of Variance Minutes

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1 Board of Variance Minutes Council Chamber City Hall Avenue Surrey, B.C. WEDNESDAY, MARCH 9, 2011 Time: 9:05 am File: Present: Chairperson - M. Cooper K. Nice A. Pease D. Kenny S. Round Absent: Staff Present: J. McKenzie Manager, Residential Section - Planning & Development L. Pitcairn Planner, North Surrey Division - Planning & Development Secretary A. TABLED APPEALS B. NEW APPEALS 1 Appeal No Muir For permission to relax the rear yard setback requirement from 5.50 m to.94 m; to allow the construction of a covered deck area at Avenue. Moved by K. Nice That the letter authorizing Brad Katronis to act as the Appellant's agent be received. Shannon Muir and her agents were in attendance to discuss the appeal. The lot is located in a Comprehensive Development zone There is also a Development Variance Permit covering the subject lot. The DVP is primarily concerned with setbacks and relaxes the front and rear yard setbacks for an attached single car garage The appellant is requesting a variance in the rear yard setback from 5.5 metres to 0.94 metres in order to allow the construction of a covered deck A technical question arose requiring the Board to seek legal opinion relative to its jurisdiction. The meeting recessed at 9:50 am and resumed at 10:52 am. h:\bov\minutes\2011\min bov docx Page 1

2 The Solicitor's advice was that the Board of Variance did not have the jurisdiction to deal with the appeal as it would be in conflict with a covenant registered under section 215 of the Land Title Act. The property owner had the option of modifying the agreement with the City, after which the appeal could be heard by the Board. meeting of the board. That Appeal No be deferred to a future 2 Appeal No Catroppa For permission to: to relax the east side yard setback requirement from 3.0 m to 1.8 m, and; to increase the lot coverage requirement from 25% to 26%; to bring into conformity the building setback to the current zoning by-law for the existing dwelling and allow the construction of a detached garage at A Avenue. as the Appellant's agent be received. Moved by K. Nice That the letter authorizing Dag Mothe to act Dag Mothe be received. Seconded by K. Nice That the letter dated February 8, 2011 from Dag Mothe was in attendance to discuss the appeal. The lot is located in the Half-Acre Residential Gross Density Zone Bylaw changed the setbacks in this zone since the original building permit The single family dwelling is legally existing non-conforming with respect to the east side yard setback h:\bov\minutes\2011\min bov docx Page 2

3 The Appellant is requesting a relaxation of the site coverage of the present zone at 25% to be increased to 26% to facilitate a detached single vehicle garage The Appellant provided the following comments concerning hardship: The existing garage is too low and too tight to accommodate the owner's truck Without extensive modifications to the home, a much more viable option would be to add an accessory building to the rear of the home There were no neighbours present to speak to this appeal. Members of the Board made the following concluding comments regarding the variance or exemption to relieve hardship: Hardship was caused by the original configuration of the house on the lot and changes to the bylaw, the Appellant should be allowed to build the accessory building Moved by S. Round Seconded by A. Pease That Appeal No be allowed 3 Appeal No Lindsay For permission to: to relax the rear yard setback requirement from 1.8 m to.91 m; and to relax the flanking yard setback requirement from 7.5 m to.91 m. to allow the construction of a pool shed at Avenue. Gord Lindsay was in attendance to discuss the appeal. The lot is located in the Single Family Residential Zone (RF) The lot is a corner lot, with the front lot line abutting 94 Avenue and the flanking side yard lot line abutting 151A Street The minimum flanking side yard setback to an accessory structure is 7.5 metres. The minimum rear yard setback is 1.8 metres. Relaxation of the rear yard setback requirement and the flanking side yard setback requirement would allow construction of a pool shed. h:\bov\minutes\2011\min bov docx Page 3

4 The Appellant provided the following comments concerning hardship: They purchased the house in 1997 and are making improvements to the concrete in the pool area. They wish to move the pool shed where it allows best use of the property. There were no neighbours present to speak to this appeal. Members of the Board made the following concluding comments regarding the variance or exemption to relieve hardship: Hardship exists in that good planning of the lot would suggest that the building should be on the flanking side away from neighbours to allow improved usage of the lot Moved by S. Round Seconded by A. Pease That Appeal No be allowed C. ADOPTION OF MINUTES Seconded by K. Nice That the minutes of the Board of Variance meeting of February 9, 2011 be approved as circulated. D. OTHER COMPETENT BUSINESS 1. The notification letter to be approved by the Board and initialled by the Chair. h:\bov\minutes\2011\min bov docx Page 4

5 E. NEXT MEETING The next meeting of the Board of Variance will be held on Wednesday, April 13, 2011 at 9:00 a.m. F. ADJOURNMENT The Board of Variance meeting adjourned at 11:19 a.m. Julie Hunter, Secretary Marie Cooper - Chairperson h:\bov\minutes\2011\min bov docx Page 5

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