DISTRICT OF SQUAMISH REPORT TO: Council FOR: Business

PRESENTED: September 18, 2007 FILE: Project 2007-21, DVP 48 FROM: Planning Department SUBJECT: Development Variance Permit No. 48 (1135 Laramee Road) Recommendation: That the District of Squamish Council not grant the issuance of Development Variance Permit No. 48 for the property located at 1135 Laramee Road and legally described as Lot 8 Block B NE ¼ and the NW ¼ of Section 15 Township 50 Plan 11560 (PID 009-046-411) to vary the District of Squamish Zoning Bylaw No. 1342, 1995 as follows:

(a) Section 8.3 (a) (i): vary the minimum lot width from 60 feet to 51.5 feet (b) Section 4.4 (d) (ii): vary the sideyard setback for accessory buildings from 5 feet

to 0 feet for the existing shed

CAO Recommendation: THAT the Planning 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 lot width and side yard setback of an existing accessory building. If the DVP is approved, then the applicant would apply to subdivide the existing property into two lots.

2. Background:

Relevant municipal policy information: o OCP land use designation is Residential Neighbourhoods (Schedule B of the

OCP) o Located in a flood hazard area (Schedule D of the OCP)

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o Zoning is RS2

The subject property is located in the Brackendale neighbourhood, and it is surrounded by single detached and duplex dwellings. The subject property is 14999 square feet, and there is currently one dwelling and accessory buildings (shed and carport) on the north side of the lot. For site location map, see Figure 1 below. Figure 1 – Site location map – 1135 Laramee Road

1135 Laramee Road

2. Project Information:

The applicant, Shane Cox, wishes to apply to the District to subdivide the property at 1135 Laramee Road into two lots. Per staff’s advice Mr. Cox has not yet submitted a subdivision application, pending the outcome of Council’s consideration of his DVP application. The applicant has submitted a sketch of the proposed subdivision concept for two lots, which is included as Attachment 1. The variance that is being applied for is twofold: o a reduction to the required lot width by 9 feet, from the required 60 ft (in order to

develop a single family dwelling or a vertical duplex) to 51.5 ft.

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o a reduction to the sideyard setback for accessory buildings from 5 feet to 0 feet for the existing shed, to accommodate the owner’s plans for subdivision

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The applicant has submitted a letter rationalizing the requested variance (Attachment 2). The applicant has also spoken to neighbours about the proposed variance and reports general support for the variance from neighbours; signed form letters from neighbours are included as Attachment 3. The requirements for public notification for this notification have been met. The applicant has posted a development sign on the property for at least 10 days. The municipality sent 31 letters to neighbouring property owners within 100 metres, 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 Planning Department does not support this variance for the reasons discussed below: Precedence While each DVP application for variance is considered on its own merit and on an individual basis, the issue of precedence in decision making should be considered. Many lots in the immediate neighbourhood of Brackendale and throughout District of Squamish that could be subdivided if variances were approved or zoning regulations were changed: currently some of the applications would need variances for width, and others would need variances for depth, and others for lot area. Many subdivision plans were developed and approved with the intent that the lots would not be subdivided again within a current planning horizon. (The plan of subdivision that created the subject was approved in 1963.) If this variance for lot width is approved, it could signal encouragement to a number of other applications from property owners to apply and expect a similar decision from Council. If approved the impact would be a lack of consistency with zoning bylaw requirements for subdivision, and a potential change to the neighbourhood character and lot pattern. In the past the Planning Department has supported variances for lot width in order to facilitate subdivision, usually because the subject property has an irregular shape (e.g. a pie-shaped lot) that does not meet the minimum lot width requirement but has adequate lot area and depth. The subject property in Laramee Road is a regular rectangular shape and would not warrant the support that is given to variances for irregular shaped lots.

Infrastructure Constraint In addition to the work-load that could result from future variance applications, a strain on the infrastructure in the neighbourhood could also result from similar applications that follow. To illustrate: if the subject property is subdivided, it is likely that the applicant will be required to contribute a proportional amount to sewer and water upgrades that are needed in order to adequately service the Brackendale neighbourhood.

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Comprehensive policy approach to smaller lots is favoured

To implement smart growth principles that are espoused in our current planning and policy documents, the District will likely consider at some point in the future the development of a small lot zone that could apply in certain areas of Squamish, in order to increase density and efficient land use in our neighbourhoods. We anticipate that the small lot zone would apply primarily to new residential areas. The most recent policy change toward adding density (residential capacity) to existing single family and duplex neighbourhoods, while respecting their character, is the allowance for carriage house suites (zoning amendment in 2005). The development of a small lot zone would require extensive analysis of infrastructure capacity, flood hazard planning, neighbourhood character, land capacity and suitability, as well as community engagement. Staff have not undertaken or budgeted for a small lot study and project. At this time it is not possible to state with certainty whether Brackendale would be a neighbourhood selected for this type of incremental infill; however, it is possible that due to the flood hazard, infrastructure constraints, and surrounding semi-rural character of Brackendale, it may be determined that small lot infill may be more suitable in other areas.

6. Policy Implication

If Council approves this variance, 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 property. Each application for variance is considered on its own merit and on an individual basis.

9. Staff Recommendation and Alternatives: Staff Recommendation:

That the District of Squamish Council not grant the issuance of Development Variance Permit No. 48 for the property located at 1135 Laramee Road and legally described as Lot 8 Block B NE ¼ and the NW ¼ of Section 15 Township 50 Plan 11560 (PID 009-046-411) to vary the District of Squamish Zoning Bylaw No. 1342, 1995 as follows: (a) Section 8.3 (a) (i): vary the minimum lot width from 60 feet to 51.5 feet (b) Section 4.4 (d) (ii): vary the sideyard setback for accessory buildings from 5 feet to

0 feet for the existing shed

Implications of staff recommendation: The variances would not be approved. The applicant could not subdivide the property. If the applicant (or successive owner) wanted to they could demolish the existing house and build one duplex on the property.

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Alternative 1:

That the District of Squamish Council grants the issuance of Development Variance Permit No. 48 for the property located at 1135 Laramee Road and legally described as Lot 8 Block B NE ¼ and the NW ¼ of Section 15 Township 50 Plan 11560 (PID 009-046-411) to vary the District of Squamish Zoning Bylaw No. 1342, 1995 as follows: (c) Section 8.3 (a) (i): vary the minimum lot width from 60 feet to 51.5 feet (d) Section 4.4 (d) (ii): vary the sideyard setback for accessory buildings from 5 feet to

0 feet for the existing shed

Implications of Alternative 1: The applicant’s requested variances would be approved, and the applicant would have 5 years to complete the work allowed by the variance. Alternative 2:

That the District of Squamish Council grant the issuance of Development Variance Permit No. 48 for the property located at 1135 Laramee Road and legally described as Lot 8 Block B NE ¼ and the NW ¼ of Section 15 Township 50 Plan 11560 (PID 009-046-411) to vary the District of Squamish Zoning Bylaw No. 1342, 1995 by reducing the minimum lot width in the Residential 2 (RS2) zone by 8.5 feet, from 60 feet to 51.5 feet. Implications of Alternative 2: The lot width variance would be approved, but the accessory building setback variance would be denied. In this case the applicant could still proceed with making a subdivision application for consideration by the Approving Officer. One of the conditions of subdivision would be to remove the shed because it would not conform with zoning regulations when the subdivision was completed.

Alternative 3:

Another direction / course of action to be specified by Council. __________________________________________ Heather Evans Planner Attachment 1: Development Variance Permit No. 48 Attachment 2: Applicant’s rationale for variance Attachment 3: Letters from neighbours, solicited by the applicant and submitted with application.

DISTRICT OF SQUAMISH DEVELOPMENT VARIANCE PERMIT NO. 48 1. This Development Variance Permit is issued pursuant to Section 922 of the Local

Government Act to SHANE ROBERT COX 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 8 Block B North East ¼ and the North West ¼ of Section 15 Township 50 Plan 11560

located at 1135 Laramee Road, Brackendale British Columbia, as shown cross-

hatched on the sketch below:

1135 Laramee Road

2. The general intent and purpose of this Development Variance Permit No. 48 is to

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

(a) Section 8.3 (a) (i) to vary the minimum lot width from 60 feet to 51.5 feet (b) Section 4.4 (d) (ii) to vary the sideyard setback for accessory buildings from 5

feet to 0 feet for the existing shed

In accordance with Schedule A attached.

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

five 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

Attachment 1

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 2007. 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, Shane Robert Cox having read and understood the terms and conditions of this Development Variance Permit, I/we 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. ____________________________________ Shane Robert Cox

Schedule A to DVP 48

Attachment 2

Attachment 3