City of Richmond

To: Development Permit Panel

From: Wayne Craig Director of Development

Report to Development Permit Panel

Date: October 4, 2016

File: DV 15-717479

Re: Application by Su Wang for a Development Variance Permit at 10691 Bromfield Place

Staff Recommendation

That a Development Variance Permit be issued which would vary the provisions of Richmond Zoning Bylaw 8500 to reduce the minimum required rear yard under the "Single Detached (RS 1 /E)" zone from 6. 0 rn to 3. 0 rn, in order to allow retention of a non-conforming deck for the single-family dwelling located at 10691 Bromfield Place.

WC:jr Att. 5

5158709

October 4, 2016 - 2 - DV 15-717479

Staff Report

Origin

Su Wang has applied to the City of Richmond for permission to reduce the minimum rear yard requirement under the "Single Detached (RSl/E)" zone from 6.0 m to 3.0 m to permit a covered deck off the upper floor ofthe existing dwelling at 10691 Bromfield Place (Attachment 1).

The Development Permit Panel considered this application at its June 15,2016 meeting, at which time the Chair noted a lack of appropriate public notification by the applicant. The Panel made the following recommendation on this variance application:

"That Development Variance Permit 15-717479 be removed from the agenda of the June 15, 2016 Development Permit Panel meeting and referred back to staff"

In response to the above referral, the applicant has replaced the required information sign.

Development Information

Please refer to the attached Development Application Data Sheet (Attachment 2) for a comparison of the development data with the relevant bylaw requirements.

Background

This Development Variance Permit would allow an existing non-conforming deck on the second floor of the existing dwelling to remain in place. This application has been submitted by the new owners of the property, who took possession on February 23, 2016. The previous property owner had applied for a Building Permit for the deck in 2005. Their Building Permit was rejected, as the proposed deck did not comply with the rear yard setback requirements contained in the "Single Detached (RS 1 /E)" zone. Construction of the existing deck occurred without a Building Permit. Once City staffbecame aware of the unauthorized construction, they contacted the property owner in order to address the issue. After ongoing discussion with the property owner, a formal notice of the bylaw infraction was given to the owner on September 5, 2014.

The previous property owners applied for a Development Variance Permit on December 10, 2015, to allow the rear deck to remain on the property. Prior to completing the necessary steps of the application process, the property was sold to the applicant.

Development immediately surrounding the subject property is as follows:

• To the North and South: Two (2) single-family dwellings; each on a lot in the "Single Detached (RS 1 /E)" zone, fronting Bromfield Place.

• To the East: Three (3) single-family dwellings; each on a lot in the "Single Detached (RS 1/E)" zone, fronting No. 4 Road; separated from the subject property by a tall cedar hedge.

• To the West: The Bromfield Place cul-de-sac.

5158709

October 4, 2016 - 3 - DV 15-717479

There is an existing 3.05 m-wide statutory right-of-way along the rear (East) property line for the sanitary sewer, which will not be impacted by the requested variance.

Project Description

The deck projects 2.95 minto the required rear yard setback of 6.0 m, but does not encroach on the existing 3.05 m statutory right-of-way at the rear ofthe property. A site plan and side building elevation drawing are provided in Attachment 3.

The deck is located on the second storey of the principle building. It is composed of a covered portion with a single step down to an uncovered portion. The entire deck structure, including stairs, is 32.5 m2 in area. The lower portion of the deck is elevated 2.39 m from grade, and the upper portion is 2.64 m from grade. The lower portion is partially screened-in on the north and west sides, up to a height of 5.64 m, which is below the bottom of the roof gable. The upper portion of the deck has a sloped pergola roof that extends above the gable of the principle building. The deck is accessed directly from the second floor of the principle building and by an exterior stairway to the rear yard.

The proposed variance is specific to the existing deck as it appears on the site survey provided by the applicant. Issuance of a Development Variance Permit would not allow any further expansion or encroachment of the house or deck into the rear yard. The balance of the house conforms to all remaining requirements contained in the "Single Detached (RS1/E)" zone.

The applicant would need to obtain a Building Permit for the deck if this variance is approved. The deck will need to be inspected at Building Permit stage for structural soundness, and the owner will be responsible for any repairs or upgrades required to meet the BC Building Code.

Staff Comments

• In general, the submitted plans demonstrate that, while not compliant with the "Single Detached (RS 1/E)" zone, the deck is well designed and is screened from adjacent houses (Attachment 4).

• The applicant has provided letters of support from the five (5) property owners who share a lot line with the subject property (Attachment 5).

Zoning ComplianceNariances

The applicant requests to vary the following provisions of Richmond Zoning Bylaw 8500: • That the minimum rear yard setback requirement contained in the "Single Detached

(RS1/E)" zoning bylaw be reduced from 6.0 m to 3.0 m, as shown on attached plans (Attachment 3). Staff support the requested variance because the applicant purchased the home after the non-conforming construction took place; the new owners have taken steps to inform their immediate neighbours of the situation and have obtained their support to retain the deck; overlook to adjacent properties is interrupted by a tall hedge; and there is no viable alternative location for the deck due to the irregular lot shape and depth.

5158709

October 4, 2016 - 4 - DV 15-717479

Analysis

Staff do not typically support the issuance of Development Variance Permits after the fact to legitimize construction undertaken without an approved Building Permit. However, as the applicant purchased the property after the non-conforming construction took place and have addressed staff concerns over privacy and adjacency, staff are willing to consider this application.

The applicant has provided letters of support from all five (5) adjacent property owners.

There is an existing tall coniferous hedge on the East and North property lines that effectively screens the deck from view of neighbouring properties. The applicant has agreed to enter into a legal agreement to protect and retain the hedge in perpetuity.

The lot is of an irregular shape and shallow depth; therefore there is no other viable alternative location for a deck.

Conclusions

This Development Variance Permit would allow an existing non-conforming deck to remain in place by reducing the minimum rear yard from 6.0 rn to 3.0 rn at 10691 Bromfield Place.

The applicant purchased the horne after the non-conforming construction took place. The proposed variance has the support of all five (5) adjacent property owners, and the applicant would be obligated through a legal agreement on title to maintain the existing hedge.

On this basis, staff recommend approval of this application.

Jordan Rockerbie Planning Technician (604-276-4092)

JR:rg

Attachment 1 : Location Map Attachment 2: Development Application Data Sheet Attachment 3: Site Plan and Side Elevations Attachment 4: Site photos Attachment 5: Letters of Support

The following are to be met prior to forwarding this application to Council for approval:

Prior to future Building Permit issuance, the applicant is required to complete the following:

• Registration of a legal agreement on Title specifying that the existing hedge is to be maintained at such a height as to screen the deck and prevent overlook on neighbouring properties.

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ATTACHMENT 1

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City of Richmond

Development Application Data Sheet Development Applications Division

DV 15-717 479 Attachment 2

Address: 10691 Bromfield Place

Applicant: _S_u_W_a_n-"'g'---------------- Owner: Yang Huang and Su Wang

Planning Area(s): Broadmoor Area ---------------------------------

I Existing I Proposed

Land Uses: Single-Family Dwelling No change

OCP Designation: Neighbourhood Residential No change

Zoning: RS1/E No change

On Subject Lot I Bylaw Requirement I Existing condition I Variance

Lot Coverage: Max. 45% Max. 45% None

Setback- Front Yard: Min. 6 m 7.63 m None

Setback- Side Yard: Min.1.8m 1.8 m None

Setback- Rear Yard: Min. 6 m 3.05 m Variance required

Height: Max. 2 Y2 Storeys 2 Storeys None

Lot Size: Min. 550m 2 666m2 None

5158709

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B.C. LAND suRVEYOR'S CERTIFICATE OF LOCATION OF BUILDING N

AS CONSTRUCTED ON LOT 290 $£CTION 34 • BLOCK 4 NORTH RANGE 6 WEST· w NEW WESTMINSTER DISTRICT PLAN 43926 SCALE: 1:200

#10691 BROMFIELD PLACE, 0 5 10 15

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@ Copyright J. C. Tam and Associates

Canada and B.C. Land Surveyor 115 - 8833 Odlin Crescent Richmond, B.C. V6X 3Z7

Telephone: 214-8928

Fax: 214-8929 E-mail: jctam@telus.net

Job No. 6270

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January 13th, 2016.

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10691 Bromfield Richmond, B.C. Lower Floor: 1 ,358 sq. ft. Main Floor: 1,269 sq.ft. Total: 2,627 sq.ft.

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1,358 sq. ft. 1,269 sqJt. 2,627 sq.ft.

350 sqJt. 506 sq.ft.

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Roor Plans

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Richmond, BC.

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,ATTACHMENT4 .

ATTACHMENT 5

To whom it may concern:

This is to acknowledge that I have been informed that a portion of

the rear yard deck at this property (10691 Bromfield Place) is

located within the rear yard setback. I understand that the owners,

Yong Huang and Su Wang, are seeking a variance permit to allow

the deck to remain in place. I have no objections to this deck being

located within the rear yard setback.

Address:10511 No.4 Road, Richmond, BC V7A4H8

Property Location to1 0691 Bromfield Place:Southeast Neighbour

Name{s) Print: '~ ZLa--:J Signature(s):

~~~ Date:

A-r: 2ft{. 2&( b -

To whom it may concern:

This is to acknowledge that I have been informed that a portion of

the rear yard deck at this property (1 0691 Bromfield Place) is

located within the rear yard setback. I understand that the owners,

Yang Huang and Su Wang, are seeking a variance permit to allow

the deck to remain in place. I have no objections to this deck being

located within the rear yard setback.

Address:10491 No.4 Road,Richmond, BC V7A4H8

Property Location to1 0691 Bromfield Place: Southeast Neighbour

Name(s) Print: -~"f\Jqi1\~ ....\-- -S?e_~~ /\~~ ~l, ""-'o.t~. Signature(s): ~~ ~ , t-\V ~ ~-

Date: 4 ~~ 1C,

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DATE: ~anuary 11, 216

TO: c;:ity of Richmond

RE: Rear Yard Deck located at 10691 B~omfield . Place, Richmond, BC

Pro·perty owrier's being Gordon Lebel and Sandra Back

__ ,;_ ____ ~------------------------------~------------------------------------------------------- ............ ------------------------------

This is to acknowledge that 1 have been informed that a portion of the rear yard deck at this

p~operty is located within the rear yard setback.

My understanding is the owner's, Gordon Lebel and Sandra Back, are applying to the City of

Richmond's Board ofVa~iance for approval of the portion of deck that is located in the rear yard

setback area. Further th~t I have no objection to this application that is before the Board of

Variance for approval to have a portion of the rear yard deck located within the rear yard

setback.

SIGNED: H0meowr1er

PRINT NAME: ~----'[_~) /)~4£_,_. ~jL~f/:.--J:,fL...::~=.<.__::,·""-"-· - ~.;__:__:~--===-::-:---:-::---,--:_:...~,.=.;_­Homeowner

ADDRESS: jlo64£) . ~~IJCT!d ..

LO.<:;ATION OF YOUR ADDRESS iN REIP.~ION TO 10691 BROMFIELD PLACE:

J\J012-T-H Sit>£- CD.:p.' ,--p>IZ-6?~/

City of Richmond Development Variance Permit

To the Holder:

Property Address:

Address:

SUWANG

10691 BROMFIELD PLACE

C/0 10691 BROMFIELD PLACE RICHMOND, BC V7A 4H8

No. DV 15-717479

1. This Development Variance Permit is issued subject to compliance with all of the Bylaws of the City applicable thereto, except as specifically varied by this Permit.

2. This Development Variance Permit applies to and only to those lands shown cross-hatched on the attached Schedule "A" and any and all buildings, structures and other development thereon.

3. The "Richmond Zoning Bylaw 8500" is hereby varied as follows:

a) The minimum required rear yard setback is reduced from 6.0 m to 3.0 m, as shown on Plan #1 attached hereto.

4. The land described herein shall be developed generally in accordance with the terms and conditions and provisions of this Permit and any plans and specifications attached to this Permit which shall form a part hereof.

5. If the Holder does not commence the construction permitted by this Permit within 24 months of the date of this Permit, this Permit shall lapse.

This Permit is not a Building Permit.

AUTHORIZING RESOLUTION NO. DAY OF

DELIVERED THIS DAY OF

MAYOR

5158709

ISSUED BY THE COUNCIL THE

City of Richmond

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© Copyright

J. C. Jam and Associates Canada and B.C. Land Surveyor

115 - 88.3.3 Odlin Crescent

Richmond, B.C. V6X 3Z7

Telephone: 214-8928

Fax: 214-8929

E-mail: jctam@tefus.net

Job No. 6270

FB-296 P25-27, 31; FB-293 P58

Drawn By: 10/MY/WK

DWG No. 6270 - Cert -02

ALL DISTANCES ARE IN METRES AND DECIMALS TJ-IEREOF UN tESS OTJ-IfRWISE INDICA TED

291

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289

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CERTIFIED CORRECT FOR MORTGAGE PURP~§,E&; ONLY:

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SON C. TAM, B.C.L.S .. C.L.S.

Jcmuary 13th, 2016.