Public Notice

February 16, 2017 Subject Property: 611/619 Van Horne Street Lots 18 and 19, Block 32, DL 202, SDYD, Plan 269 Application: Development Variance Permit Application PL2016-7733 The applicant is proposing to create three lots and construct a front-to-back duplex with secondary suites on each lot. In order to do so, the following variances to Zoning Bylaw 2011-23 have been requested: • Section10.6.2.1 : To reduce the minimum lot width from 13m to 9.5m • Section10.6.2.2 : To reduce the minimum lot area from 390m2 to 365m2 • Section 10.6.2.6: To decrease the minimum front yard setback from 4.5m to 3.5m • Section 7.6 To reduce the parking requirement from 1 stall to 0 for secondary suites • Section 6.5.2: To increase the height of a retaining wall from 1.2m to 1.65m Information: The staff report to Council and Development Variance Permit will be available for public inspection from Friday, February 17, 2017 to Tuesday, February 28, 2017 at the following locations during hours of operation: • Penticton City Hall, 171 Main Street • Penticton Library, 785 Main Street • Penticton Community Centre, 325 Power Street You can also find this information on the City’s website at www.penticton.ca/publicnotice. Please contact the Planning Department at (250) 490-2501 with any questions. Council Consideration: Council will consider this application at its Regular Council Meeting scheduled for 6:00 p.m., Tuesday, February 28, 2017, in Council Chambers at Penticton City Hall, 171 Main Street.

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Page 2 of 2 For office use only: CITY\ADDRESS\Van Horne St\611\PLANNING\2016 PRJ-148\NOTICES\2016-02-16 Public Notice

Public Comments: You may appear in person, or by agent, the evening of the Council meeting, or submit a petition or written comments by mail or email no later than 9:30 a.m., Tuesday, February 28, 2017 to: Attention: Corporate Officer, City of Penticton 171 Main Street, Penticton, B.C. V2A 5A9 Email: publichearings@penticton.ca. No letter, report or representation from the public will be received by Council after the conclusion of the February 28, 2017 Council Meeting. Please note that all correspondence submitted to the City of Penticton in response to this Notice must include your name and address and will form part of the public record and will be published in a meeting agenda when this matter is before the Council or a Committee of Council. The City considers the author’s name and address relevant to Council’s consideration of this matter and will disclose this personal information. The author’s phone number and email address is not relevant and should not be included in the correspondence if the author does not wish this personal information disclosed. Blake Laven, RPP, MCIP Manager of Planning

Council Report

Date: February 28th , 2016 File No: DVP PL2016-7733 To: Peter Weeber, Chief Administrative Officer From: Audrey Tanguay, Senior Planner Address: 611/619 Van Horne Street Subject: Development Variance Permit PL2016-7733

Staff Recommendation

THAT Council approve Development Variance Permit PL2016-7733 for Lot 18 and Lot 19, Block 32, District Lot 202, Similkameen Division Yale District, Plan 269, located at 611 and 619 Van Horne Street, a permit to reduce the minimum lot width from 13m to 9.3m; reduce the minimum lot area from 390m2 to 285m2; reduce the front yard setback from 4.5m to 3.5m, increase the height of a retaining wall from 1.2m to 1.65m and allow a reduction of the parking requirement from 1 stall to 0 for the secondary suite.

AND THAT staff be directed to issue Development Variance Permit PL2016-7733.

Strategic priority objective

N/A

Background

611 and 619 Van Horne Street are designated as HR – High Density Residential by the City’s Official Community Plan and are currently zoned RD2 - Duplex Housing: Lane by Zoning Bylaw 2011-23. 611 Van Horne Street features a single detached dwelling and 619 Van Horne Street is presently vacant. The properties are bordered by a duplex to the South and by a single family dwelling to the North. Photos of the site are included as Attachment ‘D’.

This is an area of the city that is currently under a lot of development pressure with several infill housing projects complimenting the existing older single family houses and low rise apartment buildings. Several of the new buildings are duplexes. The site is located on the periphery of the downtown core and the proposed development will assist in achieving increased residential densities in a sustainable location, bordering downtown.

It is the ultimate intention of the applicant to adjust the lot lines between the two parcels to create an additional lot and construct three front-to-back duplex buildings with secondary suites. In order to create an additional lot, the applicant needs a variance to the minimum lot size and width prior to subdivision approval. The applicant also requires a variance to the front yard setback for each building and a parking reduction for one suite on each lot.

Draft

If Council approves the Development Variance Permit application, the applicant will be pursuing a subdivision to facilitate a new infill parcel.

Proposal

The applicant is requesting a development variance permit to vary the following sections of Zoning Bylaw 2011-23:

• Section10.6.2.1 : To reduce the minimum lot width from 13m to 9.5m • Section10.6.2.2 : To reduce the minimum lot area from 390m2 to 365m2 • Section 10.6.2.6: To decrease the minimum front yard setback from 4.5m to 3.5m

• Section 7.6: To reduce the parking requirement from 1 stall to 0 for secondary suites • Section 6.5.2: To increase the height of a retaining wall from 1.2m to 1.65m

Development engineering review

The Engineering Department has reviewed the proposed variances and do not have any concerns at this time. A complete and comprehensive analysis of the proposed development will be completed as part of the subdivision process.

Development Statistics

The following table outlines the proposed development statistics for the proposal.

Item Requirement RD2 Zoning

Provided on Plans

Minimum Lot Size: 390 m2 285m2 (Variance Required) Minimum Lot Width 13m 9.35m (Variance Required) Maximum Lot Coverage: 40% 39.95% Maximum Density: 0.95 FAR 0.79FAR Vehicle Parking: 4 spaces required 3 spaces provided (Variance Required) Required Setbacks Front yard: Side yard (north): Side yard (south): Rear yard (Lane):

4.5m 1.5m 1.5m 6.0m

3.5m (Variance required) 1.5m 1.5m 8.37m

Maximum Building Height: 10.5m 7.85m

Other Information: The property is in the High Density Development Permit Area and a development permit will be required

Financial implication

This project will significantly increase the taxable value of the property, creating three parcels out of two and creating three new duplex buildings, each with an estimated construction value of over $450,000 each.

Draft

Analysis Approve When considering a variance to a City bylaw, staff encourages Council to be mindful of any hardship on the property that makes following the bylaw challenging; whether approval of the variance would cause undesirable impact on neighboring properties and if the variance request is sensible.

Section10.6.2.1. : To vary the minimum lot width from 13m to 9.5m

The applicant is requesting a minimum lot width reduction to facilitate the development of three buildable duplex lots. In the downtown area, similar sized lots have been developed successfully with single family and duplex dwellings. The lot width being proposed is common in the core area of Penticton where most duplex lots have 9.1m width. The reduction in lot width will not have an undesirable impact on the existing neighbourhood and, given the approval of similar sized parcels, is considered reasonable.

Section10.6.2.2. : To vary the minimum lot area from 390m2 to 285m2

The applicant is requesting a minimum lot area reduction to create three buildable lots under the RD2 zoning instead of two. A lot area of 295 m2 can support a duplex, including the provision of yard space and adequate parking but furthermore will necessitate two variances including front yard lessening and parking reduction as indicated below. In considering this request for a variance, staff has concluded that the reduction in lot area will facilitate the development of 3 duplex lots, while utilizing an area with existing services available without compromising the character of the neighborhood. The assessment is that this does not create an undesirable impact on nearby land uses or the City’s existing infrastructure.

Section 10.6.2.6: To vary the minimum front yard setback from 4.5m to 3.5m

The applicant is requesting a 1.0m front setback reduction. As with other infill projects in the City, it is challenging to build within required setbacks on lots that were originally intended for a different form of development, in this case single family. The reduced setback is requested in order to place the parking at the rear. Similar variances have been recently granted on Braid Street in order to facilitate other duplex developments, allowing buildings to be closer to the sidewalk. Staff does not consider that, given the magnitude of the variance requested, that there will have an adverse impact on neighbouring properties.

Section 7.6: Parking Requirement from 1 stall to 0 for the secondary suite

One onsite parking space is required for each secondary suite in addition to those spaces required for the duplex. There is no room on the property to install additional parking for one of the secondary suite as three stalls have been provided for each duplex. There is suitable parallel parking on the street in the area. The City has implemented a “Resident Parking Only” program in designated downtown areas including Van Horne Street to improve the availability of parking for residences surrounding the downtown core. The subject property is also located in Penticton’s Downtown where residential intensification is desired. The site’s close proximity to the downtown core also supports alternative transportation measures and the ability for the residents to walk to a variety of services, without the need for a vehicle. Staff does not consider that, given the scale of the variance requested, that there will have an adverse impact on neighbouring properties.

Draft

Section 6.5.2: To increase the height of a retaining wall from 1.2m to 1.65m

To facilitate the construction of the basement suite on proposed Lot 1, a concrete cast-in-place retaining wall up to 1.65m is proposed to assist with the access of the unit on one side. The increase in the wall height is only recommended for the building located on proposed Lot 1. Staff does not consider that, given the magnitude of the variance requested, that there will have an adverse impact on neighbouring properties.

Before final approval of a subdivision application, a number of requirements will need to be addressed, as indicated in Subdivision and Development Bylaw 2004-81. A development permit will also need to be granted. Staff considers that the development will make an overall positive contribution to the rest of the neighborhood. Given the above, staff considers that the request is reasonable and recommend that Council support the variances and direct issuance of the permit.

Deny/Refer

Should Council consider that the proposed variances represent an adverse impact on the residential character of the area it should deny the Development Variance Permit. If this is the case, the property will be restricted to two duplex buildings instead of the three proposed. Alternatively, Council may refer the application back to staff with further instructions.

Alternate Recommendations

1. THAT Council support DVP PL2016-7733 with other conditions that Council finds are appropriate. 2. THAT DVP PL2016-7733 be referred back to staff.

Attachments

Attachment A: Subject Property Location Map Attachment B: OCP Map Attachment C : Zoning Map Attachment D: Images of Subject Property Attachment E: Letter of Intent Attachment F: Site Plan Attachment G: Building Rendering Attachment H: Subdivision Plan Attachment I: DVP Respectfully submitted,

Audrey Tanguay, MCIP Senior Planner

Approvals

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Director CAO

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Attachment A - Subject Property

Figure 1: Location Map

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Attachment B - OCP Map

Figure 2: OCP Map

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Attachment C - Zoning Map

Figure Figure 3: Zoning Map

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Attachment D - Image of the Subject Property

Figure 4: View on Vanhorn Street

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Attachment E –Letter of Rationale

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Attachment F – Site Plan

Figure 5: Site Plan

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Attachment G – Building Rendering

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Attachment H – Proposed Subdivision

Figure 6: Subdivision Plan

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Attachment I –DVP

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