DISTRICT OF SQUAMISH REPORT TO: Council FOR: Business PRESENTED: January 22, 2008 FILE: Project 2007-37, DVP 49 FROM: Building Department SUBJECT: Development Variance Permit No. 49 (Honey Lane

Development) ________________________________________________________________ Recommendation: That the District of Squamish Council grant the issuance of Development Variance Permit No. 49 for the properties located at Honey Lane and legally described as: Lot 1 Section 23 Township 50 NWD Plan BCP 33498 (PID 027-298-418) Lot 2 Section 23 Township 50 NWD Plan BCP 33498 (PID 027-298-426) Lot 3 Section 23 Township 50 NWD Plan BCP 33498 (PID 027-298-434) Lot 4 Section 23 Township 50 NWD Plan BCP 33498 (PID 027-298-442) Lot 5 Section 23 Township 50 NWD Plan BCP 33498 (PID 027-298-451) Lot 6 Section 23 Township 50 NWD Plan BCP 33498 (PID 027-298-469) Lot 8 Section 23 Township 50 NWD Plan BCP 33498 (PID 027-298-485) Lot 9 Section 23 Township 50 NWD Plan BCP 33498 (PID 027-298-493) Lot 10 Section 23 Township 50 NWD Plan BCP 33498 (PID 027-298-507) Lot 11 Section 23 Township 50 NWD Plan BCP 33498 (PID 027-298-515) Lot 12 Section 23 Township 50 NWD Plan BCP 33498 (PID 027-298-523) to vary the District of Squamish Zoning Bylaw No. 1342, 1995 as follows:

(a) Section 4.11 (b): the exemption from siting requirements by adding steps and landings giving primary access to the building. (b) Section 4.11 (b): the allowable projection for steps and landings giving primary access to the building from 2.04m (6.5’) beyond the siting requirements to 2.59m (8.5’).

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CAO Recommendation: That the Building Department recommendation and report be approved. ____________________________ K. Anema, CAO 1. Purpose: For Council to consider an application for a Development Variance Permit (DVP) to vary the allowable exemptions of projections into required setbacks and to vary the maximum building height for this specific development. If the DVP is approved, the Building Department can then move forward on processing the applicant’s submitted Building Permit applications. 2. Background: Relevant municipal policy information: OCP land use designation is Residential Neighborhoods (Schedule B of the OCP) Located in a debris flow hazard area (Schedule D of the OCP) Zoning is RS-2 The subject property is located in the Brackendale neighborhood, and single detached and duplex dwellings surround it. The applicant has one approved Building Permit and has submitted a number of Building Permit applications, in which the front stairs are not in conformance with the Zoning Bylaw Section 4.11 (a) and Section 4.11(b). There is currently a show home being built on Lot 1. This show home was granted a Building Permit prior to subdivision approval. The recently approved site plans and property lines have left this show home in non-conformance with the Zoning Bylaw. When the Building Permit was issued for this show home, it had proposed property lines that were not yet finalized, and the plan was potentially in conformance with the Zoning Bylaw. For site location map, see Figure 1 below. Figure 1 – Site location map – Honey Lane Development

3. Project Information: The applicant, Mr. Chris Rommel, wishes to apply to the District to vary certain site setback exemptions and to vary the maximum building height requirement at this Honey Lane development. The variance that is being applied for is three-fold:

(a) Section 4.11 (b): the exemption from siting requirements by adding steps and landings giving primary access to the building. (b) Section 4.11 (b): the allowable projection for steps and landings giving primary access to the building from 2.04m (6.5’) beyond the siting requirements to 2.59m (8.5’).

The applicant has submitted a letter rationalizing the requested variance (Attachment 1). The requirements for public notification for this variance have been met. A development sign has been posted on the property for at least 10 days. The municipality sent thirty-five (35) letters to neighboring property owners within 100 meters, and we have not received any responses at the time of writing this report. Any correspondence received will be circulated to Council under separate cover. 4. Department Comments: The Building Department supports this variance for the reasons discussed below.

Front Site Setbacks: Precedence Each DVP application for variance is considered on its own merit and on an individual basis. The Geotechnical Engineer has made hazard recommendations for these lots regarding Debris Flow. These recommendations have effectively increased the height of where habitable space may be relative to grades by requiring high large foundation walls. In doing so they have also created the necessity to ascend to that level, which requires a large number of stairs. Most other cities and municipalities permit stairs to project beyond site setback requirements. Varying the required front site setback is an effective method of allowing access to a building while not reducing the livable space. Due to general practice for other municipalities and the unique nature of natural and finished grades for this site, these lots would be a good candidate for the proposed variance. 5.) Policy Implication: If Council approves this variance for the setback issues, there is no implication for broader municipal policy, beyond the variance to the application of Zoning Bylaw specified in the DVP as it applies to the subject properties. Each application for variance is considered on its own merit and on an individual basis. 6. Staff Recommendation and Alternatives: Staff Recommendation: That the District of Squamish Council grant the issuance of Development Variance Permit No. 49 for the properties located at Honey Lane and legally described as: Lot 1 Section 23 Township 50 NWD Plan BCP 33498 (PID 027-298-418) Lot 2 Section 23 Township 50 NWD Plan BCP 33498 (PID 027-298-426) Lot 3 Section 23 Township 50 NWD Plan BCP 33498 (PID 027-298-434) Lot 4 Section 23 Township 50 NWD Plan BCP 33498 (PID 027-298-442) Lot 5 Section 23 Township 50 NWD Plan BCP 33498 (PID 027-298-451) Lot 6 Section 23 Township 50 NWD Plan BCP 33498 (PID 027-298-469) Lot 8 Section 23 Township 50 NWD Plan BCP 33498 (PID 027-298-485) Lot 9 Section 23 Township 50 NWD Plan BCP 33498 (PID 027-298-493) Lot 10 Section 23 Township 50 NWD Plan BCP 33498 (PID 027-298-507) Lot 11 Section 23 Township 50 NWD Plan BCP 33498 (PID 027-298-515)

Lot 12 Section 23 Township 50 NWD Plan BCP 33498 (PID 027-298-523) to vary the District of Squamish Zoning Bylaw No. 1342, 1995 as follows:

(a) Section 4.11 (b): the exemption from siting requirements by adding steps and landings giving primary access to the building. (b) Section 4.11 (b): the allowable projection for steps and landings giving primary access to the building from 2.04m (6.5’) beyond the siting requirements to 2.59m (8.5’).

Implications of staff recommendation: The variance would be approved. The Building Department could move forward with the processing of the applicant’s current Building Permit applications. Alternative 1: That the District of Squamish Council grant the issuance of Development Variance Permit No. 49 for the property located at Honey Lane and legally described as: Lot 1 Section 23 Township 50 NWD Plan BCP 33498 (PID 027-298-418) to vary the District of Squamish Zoning Bylaw No. 1342, 1995 as follows:

(a) Section 4.11 (b): the exemption from siting requirements by adding steps and landings giving primary access to the building. (b) Section 4.11 (b): the allowable projection for steps and landings giving primary access to the building from 2.04m (6.5’) beyond the siting requirements to 2.59m (8.5’).

Implications of Alternative 1: The applicant’s requested variance would be approved for the existing show home, and the applicant would have to re-design and re-submit all other current Building Permit applications that do not conform to the current Zoning Bylaw. Alternative 2: Another direction / course of action to be specified by Council. __________________________________________ Reed Cassidy Building Inspector

__________________________________________ Mick Gottardi Director of Community Development Attachment 1: Development Variance Permit No. 50 Attachment 2: Applicant’s letter of justification for variance Attachment 3: Development Variance Permit No. 49

DISTRICT OF SQUAMISH DEVELOPMENT VARIANCE PERMIT NO. 49 1. This Development Variance Permit is issued pursuant to Section 922 of the Local

Government Act to Chris Rommel as the owner of; and applies to the development of all and singular that certain parcel or tract of lands and premises situate, lying and being within the District of Squamish and more particularly known and described as (hereinafter called the "said lands"):

• Lot 1 Section 23 Township 50 NWD Plan BCP 33498 (PID 027-298-418) • Lot 2 Section 23 Township 50 NWD Plan BCP 33498 (PID 027-298-426) • Lot 3 Section 23 Township 50 NWD Plan BCP 33498 (PID 027-298-434) • Lot 4 Section 23 Township 50 NWD Plan BCP 33498 (PID 027-298-442) • Lot 5 Section 23 Township 50 NWD Plan BCP 33498 (PID 027-298-451) • Lot 6 Section 23 Township 50 NWD Plan BCP 33498 (PID 027-298-469) • Lot 8 Section 23 Township 50 NWD Plan BCP 33498 (PID 027-298-485) • Lot 9 Section 23 Township 50 NWD Plan BCP 33498 (PID 027-298-493) • Lot 10 Section 23 Township 50 NWD Plan BCP 33498 (PID 027-298-507) • Lot 11 Section 23 Township 50 NWD Plan BCP 33498 (PID 027-298-515) • Lot 12 Section 23 Township 50 NWD Plan BCP 33498 (PID 027-298-523)

located at the Honey Lane Development, Brackendale, British Columbia, as shown

on the sketch below:

Lots 1 – 17 Plan BCP 33498

2. The general intent and purpose of this Development Variance Permit No. 49 is to

vary the District of Squamish Zoning Bylaw No. 1342, 1995 as follows:

(a) Section 4.11 (b): vary the exemption by adding steps and landings giving primary access to the building;

(b) Section 4.11 (b): vary the allowable projection for steps and landings giving primary access to the building from 2.04m (6.5’) beyond the siting requirements to 2.59m (8.5’);

3. No works shall be performed upon the said lands covered by this Development Variance Permit, nor shall any building or structure be erected, constructed, repaired, renovated or sited or any use permitted that is not in accordance with all terms and conditions of this Development Variance Permit, provided, however that nothing herein contained shall be construed to authorize the owner of the said land to develop other than in accordance with the provision of the District of Squamish Zoning Bylaw, except as otherwise outlined in this permit.

4. If the permittee does not complete the development permitted by the permit within three years from the date of the issuance of this permit, this permit shall lapse.

5. This permit is not a building permit or a development permit. While development on

the lands described in paragraph 1 of this permit is subject to the conditions and requirements set out in this permit, this permit does not authorize development or any construction. Council reserves the right at any time prior to issuance of a building permit to alter the permitted use, density or conditions of use that affect the lands.

IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED UNDER THE SEAL OF THE DISTRICT OF SQUAMISH ON THE _____ day of ____________, 2008. The Corporate Seal of the District of Squamish was hereunto affixed in the presence of: _____________________________________________ Mayor I. Sutherland _____________________________________________ Robin Arthurs, Director of Administrative Services I, Chris Rommel, having read and understood the terms and conditions of this Development Variance Permit, I hereby agree to abide by such terms and conditions and to complete all of the works and services and all other requirements under this Development Variance Permit, and in accordance with the District of Squamish Bylaws. ____________________________________ Chris Rommel