City of Surrey PLANNING & DEVELOPMENT REPORT

File: 7911-0192-00

Planning Report Date: October 28, 2013

PROPOSAL:

• Development Variance Permit

in order to reduce the rear yard setback for an existing house on proposed Lot 6.

LOCATION: 10709 - 157 Street

OWNER: Adeline M Stewart

ZONING: RA (RF at 3rd Reading)

OCP DESIGNATION: Urban

Staff Report to Council File: 7911-0192-00

Planning & Development Report

Page 2

RECOMMENDATION SUMMARY • Approval for Development Variance Permit to proceed to Public Notification. DEVIATION FROM PLANS, POLICIES OR REGULATIONS • Seeking a reduced rear yard setback from 7.5 metres (25 ft.) to 5.22 metres (17 ft.) to retain the

existing dwelling on proposed Lot 6. RATIONALE OF RECOMMENDATION • By reducing the rear yard setback on proposed Lot 6, the existing single family dwelling can

be retained as part of a rezoning and 7-lot subdivision application.

Staff Report to Council File: 7911-0192-00

Planning & Development Report

Page 3

RECOMMENDATION The Planning & Development Department recommends that Council approve Development Variance Permit No. 7911-0192-00 (Appendix III) varying the following, to proceed to Public Notification:

(a) to reduce the minimum rear yard setback of the RF Zone from 7.5 metres (25 ft.) to 5.22 metres (17 ft.).

REFERRALS Engineering: The Engineering Department has no objection to the project.

SITE CHARACTERISTICS Existing Land Use: Single family dwelling to be retained on proposed Lot 6. Adjacent Area:

Direction Existing Use OCP Designation Existing Zone

North: Single family dwellings. Urban RF

East (Across 157 Street ):

Dogwood Elementary School

Urban RA

South (Across 107 Avenue):

Single family dwellings. Urban RF

West:

Single family dwellings. Urban RF

DEVELOPMENT CONSIDERATIONS Background • On September 10, 2012 Council considered a Planning Report, under the same File No.

7911-0192-00, for a rezoning of the subject site from "One-Acre Residential Zone (RA)" to "Single Family Residential Zone (RF)" in order to allow subdivision into 7 single family lots.

• The rezoning (By-law No. 17750) received Third Reading on October 1, 2012.

• The applicant is proposing to retain the existing single family dwelling on proposed Lot 6.

• One of the issues to be resolved prior to final adoption of the rezoning by Council and execution of the subdivision plan by the Approving Officer, is to provide a location certificate confirming the existing dwelling to be retained complies with the proposed RF Zone.

Staff Report to Council File: 7911-0192-00

Planning & Development Report

Page 4

• The location certificate confirmed encroachments to proposed lot lines. In order to create 7 lots and retain the existing dwelling, a Development Variance Permit and a partial renovation is required.

Current Proposal • The applicant has recently determined the need for a Development Variance Permit in order

to retain the existing dwelling on proposed Lot 6.

• The proposed RF Zone requires a minimum rear yard setback of 7.5 metres (25 ft.) and a side yard setback of 1.8 metres (6 ft.) for the principal building.

• The applicant is requesting a Development Variance Permit to reduce the minimum rear yard setback (west) from 7.5 metres (25 ft.) to 5.22 metres (17 ft.) (see By-law Variance section).

• The applicant has applied for a renovation permit with the Building Division to remove a portion of the deck in order to comply with the minimum 1.8-metre (6 ft.) side yard (north) setback.

BY-LAW VARIANCE AND JUSTIFICATION (a) Requested Variance:

• To reduce the minimum rear yard setback of the RF Zone from 7.5 metres (25 ft.) to 5.22 (17 ft.) for the existing house on proposed Lot 6.

Applicant's Reasons:

• The minimum rear yard setback must be reduced in order to retain the existing house

in its current location.

Staff Comments:

• The RF Zone permits a relaxation to the minimum rear yard setback of 7.5 metres (25ft.) to 6.0 metres (20 ft.) for a maximum of 50% of the rear building face provided the remainder of the building face is setback at least 8.5 metres (28 ft.) from the rear lot line.

• The requested variance will allow 56% of the principal building to have a rear yard setback of 5.22 (17 ft.) and the remaining 44% of the house will have a rear yard setback of at least 8.5 metres (28 ft.).

• The existing dwelling complies with the maximum permitted Floor Area Ratio (FAR) and lot coverage as well as front yard setback and side yard setback on the flanking street of the proposed RF Zone.

Staff Report to Council File: 7911-0192-00

Planning & Development Report

Page 5

• The variance will only apply to the existing dwelling. Any new dwelling will be required to comply with the RF Zone setback requirements.

• Staff support the requested variance. INFORMATION ATTACHED TO THIS REPORT The following information is attached to this Report: Appendix I. Lot Owners, Action Summary and Project Data Sheets Appendix II. Proposed Subdivision Appendix III. Development Variance Permit No. 7911-0192-00

original signed by Judith Robertson Jean Lamontagne General Manager Planning and Development JLM/da \\file-server1\net-data\csdc\generate\areaprod\save\27620122025.doc DRV 10/24/13 11:48 AM

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APPENDIX I

Information for City Clerk Legal Description and Owners of all lots that form part of the application: 1. (a) Agent: Name: Theresa Rawle

HY Engineering Ltd. Address: Suite 200, 9128 - 152 Street Surrey, BC V3R 4E7 Tel: 604-583-1616

2. Properties involved in the Application

(a) Civic Address: 10709 - 157 Street

(b) Civic Address: 10709 - 157 Street Owner: Adeline M Stewart PID: 018-057-144 Lot 1 Section 22 Block 5 North Range 1 West New Westminster District Plan LMP7926

3. Summary of Actions for City Clerk's Office

(a) Proceed with Public Notification for Development Variance Permit No. 7911-0192-00 and bring the Development Variance Permit forward for an indication of support by Council. If supported, the Development Variance Permit will be brought forward for issuance and execution by the Mayor and City Clerk in conjunction with the final adoption of the associated Rezoning By-law.

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SUBDIVISION DATA SHEET

Proposed Zoning: RF

Requires Project Data Proposed GROSS SITE AREA 1.06 Acres 0.4275 Hectares NUMBER OF LOTS Existing 1 Proposed 7 SIZE OF LOTS Range of lot widths (metres) 15.6 – 20.4 Range of lot areas (square metres) 544-629 DENSITY Lots/Hectare & Lots/Acre (Gross) 16.3 uph / 6.6 upa Lots/Hectare & Lots/Acre (Net) n/a SITE COVERAGE (in % of gross site area) Maximum Coverage of Principal &

Accessory Building 40%

Estimated Road, Lane & Driveway Coverage 8.8% Total Site Coverage 48.8% PARKLAND Area (square metres) n/a % of Gross Site Required PARKLAND 5% money in lieu YES TREE SURVEY/ASSESSMENT YES MODEL BUILDING SCHEME YES HERITAGE SITE Retention NO BOUNDARY HEALTH Approval NO DEV. VARIANCE PERMIT required Road Length/Standards NO Works and Services NO Building Retention YES Others NO

SURREY CITY OF PARKS

PROPOSED SUBDIVISION LAYOUT Planning & Development Department 14245 - 56 Avenue, Surrey, British Columbia, Canada V3W 1 K2

Tel. (604) 591-4441 Fax. (604) 591-2507

File No: 7911-0192-00 MAP #: 14 EXIST. ZONE: ------=-=RA==-----PROP. ZONE: __ -=R~F __ _

CIVIC ADDRESS: #10709-157 ST. LEGAL: LOT 1. SECTION 22, RANGE 1. N.W.D., PLAN LMP7926

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H.¥ ($) ENGINEERING LTD. • #200-9128-152nd. ST. Surrey, BC V3R 4E~TEL 604-583-1616

• Website: www . hyengineering .com • FAX 604-583-1737

H.Y.#: 113331 ALTERNATIVE#01B

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GROSS SITE AREA: 4,275sqm (1.06ac) 5% PARK DEDICATION: 214sqm (CASH-IN-LIEU)

* 10% REDUCTION FOR AREA ON LOT 7

NOTE: ALL EXISTING ONSITE STRUCTURES ARE TO BE REMOVED UNLESS NOTED OTHERWISE

DATE: 27 JAN/12 SCALE: 1:1000

Please dimension lot frontages & oreos, nome existing roods ond indicate north Preferred scoles: 1:500 , 1:1000, 1:2500 , 1: 10 ,000 Metric

Larger format drawings moy be ottoched os required

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CITY OF SURREY

(the "City")

DEVELOPMENT VARIANCE PERMIT

NO.: 7911-0192-00 Issued To: ADELINE M STEWART ("the Owner") Address of Owner: CP 52, 10145 - Douglas Bay Road Powell River, BC V8A 5C1 1. This development variance permit is issued subject to compliance by the Owner with all

statutes, by-laws, orders, regulations or agreements, except as specifically varied by this development variance permit.

2. This development variance permit applies to that real property including land with or

without improvements located within the City of Surrey, with the legal description and civic address as follows:

Parcel Identifier: 018-057-144

Lot 1 Section 22 Block 5 North Range 1 West New Westminster District Plan LMP7926

10709 - 157 Street

(the "Land") 3. (a) As the legal description of the Land is to change, the City Clerk is directed to insert

the new legal description for the Land once title(s) has/have been issued, as follows:

Parcel Identifier:

____________________________________________________________

(b) If the civic address(es) change(s), the City Clerk is directed to insert the new civic

address(es) for the Land, as follows:

_____________________________________________________________ 4. Surrey Zoning By-law, 1993, No. 12000, as amended is varied as follows:

(a) In Section F Yards and Setbacks of Part 16 Single Family Residential Zone (RF) the

minimum rear yard setback for the principal building on proposed Lot 6 is reduced from 7.5 metres (25 ft.) to 5.22 metres (17 ft.).

- 2 -

5. This development variance permit applies to only that portion of the buildings and

structures on the Land shown on Schedule A which is attached hereto and forms part of this development variance permit. This development variance permit does not apply to additions to, or replacement of, any of the existing buildings shown on attached Schedule A, which is attached hereto and forms part of this development variance permit.

6. The Land shall be developed strictly in accordance with the terms and conditions and

provisions of this development variance permit. 7. This development variance permit shall lapse if the Owner does not substantially start any

construction with respect to which this development variance permit is issued, within two (2) years after the date this development variance permit is issued.

8. The terms of this development variance permit or any amendment to it, are binding on all

persons who acquire an interest in the Land. 9. This development variance permit is not a building permit. AUTHORIZING RESOLUTION PASSED BY THE COUNCIL, THE DAY OF , 20 . ISSUED THIS DAY OF , 20 . ______________________________________ Mayor – Dianne L. Watts ______________________________________ City Clerk – Jane Sullivan \\file-server1\net-data\csdc\generate\areaprod\save\28221074098.doc J 10/21/13 3:17 PM