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Report No.: PDS 102-2015

September 14, 2015 File No: 3020-20/D15-019

To: Mayor and Council From: Duane Wiebe, Planning Technician

COUNCIL REPORT

Executive Committee

Subject: Development Variance Permit application for the property, located at 3499 Wright Street. (Owner: Ben and Sarah Kamp)

RECOMMENDATIONS

1. THAT application 3020-20/D15-019 for a Development Variance Permit, as detailed in Report No. PDS102-2015, be approved in principle, and proceed for public comment at an upcoming Council Hearing;

and after considering the comments and concerns of surrounding property owners and occupiers at the Council Hearing, . if Council wishes to proceed with the issuance of Development Variance Permit No. 1985, the appropriate motion will be:

2. THAT application 3020-20/D15-019 to issue Development Variance Permit No. 1985, as detailed in Report No. PDS102-2015, be approved; and

3. THAT the Mayor and Corporate Officer be authorized to execute all documents relating to this matter.

SUMMARY OF THE ISSUE

The applicant wishes to construct a detached garage on the subject property. The applicant is requesting variances to Land Use Contract No. 163 (District of Matsqui) to reduce the rear lot line setback from 7.62 m (25') to 1.0 m, and the exterior lot line setback from 7.62 m (25') to 4.5 metres that would align the setbacks with those of the underlying zoning (RS3) and create a viable building envelope for an accessory building or structure.

BACKGROUND

Proposal:

Applicant:

Owner:

The applicant requests variances to the required rear and exterior side lot line setbacks, to have the rear lot line setback reduced from 7.62 m to 1.0 m, and the exterior side lot line reduced from 7.62 m to 4.5 m to facilitate construction of a detached garage.

Ben Kamp

Ben and Sarah Kamp

Legal Description: Lot 509 Section 26 Township 16 NWD Plan 54929

Report No. PDS 102-2015 Page 2 of 4

OCP Designation: Urban Residential ·

Existing Zoning: Land Use Contract No. 163 (District of Matsqui)

Underlying Zoning: Urban Residential Zone (RS3)

Site Area:

Description:

1189.8 m2 (0.294 acres)

The subject property is a large, relatively level lot located on a cul-de-sac at the north end of Wright Street. The lot currently contains a residence with an attached single-bay garage, several mature trees and a small storage shed. There is a 3.28 m (1 O') wide statutory right-of-way for municipal sanitary sewer along the south west property line. Access and egress is from Wright Street.

Surrounding Uses: N: Single family residential (regulated by LUC No. 163); Wright Street; S:

E:

W:

DISCUSSION

Unconstructed Municipal Right-of-Way, Elementary School (P2) beyond (Dr. Thomas Swift Elementary); and Single family residential (regulated by LUC No. 163).

Official Community Plan (OCP)

1. The subject property is designated Urban Residential in the Official Community Plan (OCP) and the current use and development of the property conforms to the OCP.

8 ill 17 Update

2. On May 29th, 2014 Bill 17: Miscellaneous Statues Amendment Act, 2014, was passed by the Province. Bill 17 amended the Local Government Act (LGA) and Community Charter. One of the amendments to the LGA that will affect the City of Abbotsford is that all LUCs must be terminated by June 30, 2024. Therefore, all municipalities that have LUC's within their jurisdiction must have a zone for each property regulated by a LUC by that time. The underlying zoning for LUC No. 163 (DOM) is the Urban Residential Zone (RS3).

Land Use Contract No. 163

3. Land Use Contracts (LUCs) were historically used to control land use development in the 1960's to 1980's and often specified permitted land uses, siting , site development guidelines, parking and site specific servicing. The subject property is currently governed by Land Use Contract No. 163 (District of Matsqui) that was registered in the Land Title Office on June 16, 1978. Schedule "B" of the LUC identifies the minimum setback requirements for construction on the lands, and specifically lists a 7.62 m (25') setback from rear and exterior side lot lines.

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Report No. PDS 102-2015 Page 3 of 4 ~~~~~~~~~~~~~~~~~~~~~__.:;_~~~~~-

The LUC does not specify a separate set of minimum setbacks for accessory buildings or structures. As a result, the setbacks identified in Schedule "B" of LUC No. 163 are applicable to all buildings and structures, principal or accessory, though they may have been intended for the principal building alone.

The minimum setback from rear and exterior lot lines is 7.62 m (25') . This setback severely restricts the potential construction area available for accessory buildings or structures when compared to the setback requirements found in the underlying RS3 zone.

Current Proposal

4. The applicant requests variances to Schedule "B" of LUC No. 163 (DOM) to reduce the required rear lot line setback from 7.62 m to 1.0 m, and the exterior side lot line setback from 7.62 m to 4.5 m to facilitate construction of a detached garage. The table below compares the setback requirements of LUC No. 163 (DOM) with those of the underlying RS3 zone for accessory buildings or structures.

Table 1 Existing Setbacks - Accessory Buildings

LUC No. 163 RS3 Front (south) 7.62 m 6.0 m Rear (north) 7.62 m 1.0 m Interior Side (west) 1.52 m 1.0 m ExteriorSide (east) 7.62 m 4.5 m

If approved, the variances requested would result in a construction area that fully complies with the setback requirements of the underlying RS3 zone for accessory buildings and structures.

Communication Plan

If supported by Council, a permit will be prepared for an upcoming Council Hearing. The City will notify in writing the adjacent property owners and occupiers of the date and time of the Council Hearing.

FINANCIAL PLAN IMPLICATION

No financial plan implications are anticipated.

IMPACTS ON COUNCIL POLICIES, STRATEGIC PLAN AND/OR COUNCIL DIRECTION

The proposed variances have no impact on council policies, strategic plans or Council direction.

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SUBSTANTIATION OF RECOMMENDATION

Staff recommends support for issuance of the Development Variance Permit as the requested variances to Schedule "B" of Land Use Contract No. 163 (DOM), will result in a construction area for accessory buildings and structures that fully complies with the required setbacks of the underlying Urban Residential Zone (RS3) of Zoning Bylaw, 2014.

Prepared by: Duane Wiebe Planning Technician

Reviewed by: Darren Braun Director, Development Planning

Attachments Figure 1 - Location (with Air Photo) Figure 2 - Existing LUC Setbacks

Department Head Approval: Siri Bertelsen General Manager, Planning & Development Services

Figure 3 - Existing RS3 Setbacks for Accessory Buildings Figure 4 - Proposed Variances Attachment A -Applicant's Letter of Intent Attachment B - Development Variance Permit No. 1985

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FIGURE 1 LOCATION ADDRESS: 3499 Wright Street APPLICANT: Ben Kamp

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FILE NO.

3020-20 I 015-019

July 10, 2015

FIGURE 2 EXISTING LUC SETBACKS · ADDRESS: APPLICANT:

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3499 Wright Street Ben Kamp

Planning and Development Services

FILE NO.

3020-20 I 015-019

July 10, 2015

FIGURE 3 EXISTING RS3 SETBACKS FOR ACCESSORY BUILDINGS ADDRESS: 3499 Wright Street APPLICANT: Ben Kamp

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FILE NO.

3020-20 I 015-019

July 10, 2015

FIGURE 4 PROPOSED VARIANCES ADDRESS: 3499 Wright Street APPLICANT: Ben Kamp

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to reduce the minimum exterior lot line setback for accessory buildings and structures from 7.62 m to 4.5 m.

FILE NO.

3020-20 I 015-019

July 10, 2015

ATTACHMENT A

Letter of Intent

When I purchased my home 4 years ago, I was unaware of the need I would have today; the need for a shop. Now perhaps we can look back and point our fingers at my realtor for selling me house without one, but as good as he ls, not even he knew where I would be 4 years later. Growing a small family and working hard in the community that surrounds us all puts me in a place where really, every guy wants to be. I need (my wife would say "No, you want") a shop. Unfortunately there is a land use contract on our property. Currently the zoning I find myself in, RS3 specifies I can build a detached garage or structure 1 meter from my property lines. The LUC however dictates my set backs are 25'!

I believe that when the LUC was written, the intent was regarding the primary structure, our home, and makes no mention of detached structures, garages, sheds or shops. According to Bill 17, LUCs are to be replaced by "modern land use policies and practices, i.e., zoning."

Termination of LUCs is coming, and my desire is to get ahead of the ball, and build a detached garage. Most honorable Mayor and Counselors, I'm just an electrician trying to make a way in this world, and a small garage would make all the difference in the world .. 1 implore you; please amend the LUC at 3499 Wright Street. Look inside your hearts of gold, (yes I'm sucking up) and ask yourself, "can someone as good as me, let someone as good as Ben not build a shop?"

Cheers,

Ben Kamp,

One shopless Guy.

DEVELOPMENT VARIANCE PERMIT NO. 1985

1. This Development Variance Permit No. 1985 is issued to

BENJAMIN DAVID KAMP SARAH JEAN KAMP 3499 Wright Street Abbotsford, B.C. V2S 6B3

ATTACHMENT B

as the owner (the "Permittee") and shall apply only to ALL AND SINGULAR that certain parcel or tract of land within the City of Abbotsford ("the City") described below, and any and all buildings, structures and other development thereon:

Parcel Identifier: 005-293-431 Lot 509 Section 26 Township 16 New Westminster District Plan 54929

(the "Lands")

2. This Development Variance Permit is issued pursuant to and in accordance with the applicable bylaws of the City and is issued subject to compliance with all of the bylaws of the Ci.ty except as specifically varied by this Permit.

3. Land Use Contract No. 163 authorized by Bylaw No. 1534, cited as "Land Use Contract Bylaw No. 151" and registered in the Land Title Office on June 16, 1978, under Filing Number P56818 shall be amended by varying the provisions of Schedule "B'' to reduce the minimum rear lot line setback from 7.62 m (25 feet) to 1.0 m (3.28 feet), and minimum exterior side lot line setback from 7.62 m (25 feet) to 4.5 m (14.76 feet) for the purposes of accessory buildings and structures, as shown on Schedule "A" attached.

4. This Permit does not constitute subdivision approval, a Soil Removal/Deposit Permit, a Tree Removal Permit or a Building Permit and does not entitle the Permittee to undertake any work without the necessary approvals or permits. Site work must be in compliance with the Soil DeposiURemoval Bylaw and the Tree Protection Bylaw; other works must be constructed in accordance with engineering plans and specifications acceptable to the City's General Manager of Engineering; and buildings and structures can only be altered, changed in occupancy or constructed in accordance with the B.C. Building Code following issuance of a Building Permit.

5. This Permit expires two years from the date of issuance, as provided for in the Local Government Act, Section 926.

AUTHORIZING RESOLUTION PASSED by Abbotsford City Council on the '2015.

THIS PERMIT IS ISSUED this

The Corporate Seal of the CITY OF ABBOTSFORD was hereunto affixed in the presence of:

Mayor, Henry Braun

Corporate Officer, William Flitton

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day of '2015.

day of

SCHEDULE "A" DEVELOPMENT VARIANCE PERMIT

NO. 1985

o ~A ABBOTSFORD Planning and Development Services

to reduce the minimum exterior lot line setback for accessory buildings and structures from 7.62 m to 4.5 m.