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Agenda Package - City of Vernon

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-¿-<br />

ANALYSIS:<br />

A. Gommittee/Board Recommendations:<br />

At their January 11, 2011 meeting the Advisory Planning Board reviewed the subject<br />

application and adopted the following resolution:<br />

,,THAT the Advisory Planning Board recommends council approve the Development<br />

Variance Permit Application submitted by<br />

Ltd., for Lot 53, Plan K4P81666, Sec' 4,<br />

vary the maximum height for an exis<br />

Seótion 6.5.11, from the permitted 1<br />

required distance between retaining walls from 1'2m to 1'0m on a single family<br />

residential ProPedY."<br />

B. Rationale:<br />

1. ln order to raise the grade <strong>of</strong> the subject property for access from Painted Turtle<br />

Drive, a retaining *a[ *a, constructed at the rear <strong>of</strong> the properly' The maximum<br />

height <strong>of</strong> the rãtaining walls on the subject property is 3'15m' The minimum<br />

horizontal separation between the existing walls is 1'0m.<br />

2. The issue <strong>of</strong> the height <strong>of</strong> the walls and the requirement for a Development<br />

Variance permit applicãtion was not identified until after the walls were completed<br />

and the home construction on the s<br />

other lots in the area have similar<br />

during the subdivision process' As<br />

retaining walls approved at subdivi<br />

and 1 .2m horizontal separation req<br />

meet the Zoning BYlaw Provisions'<br />

3. The retaining walls are sited within a statutory right-<strong>of</strong>-way established at<br />

subdivision tõr tfr" provision <strong>of</strong> street trees. The encroaching walls leave less than<br />

1.0m <strong>of</strong> gro*tn aråa for the trees that were installed. As a result, the applicant<br />

would be required to remove these trees and install new replacement trees within<br />

the front Yard area'<br />

4. The retaining walls on the subject property match .<br />

other walls within the<br />

neighbournoõ0. The size, pi"""r"nt and constrûction materials <strong>of</strong> the walls fit with<br />

the form and character <strong>of</strong> the neighbourhood'<br />

5. The retaining walls are not visible from outside <strong>of</strong> the neighbourhood' The single<br />

family dwelling constructåd on Lot 51, along with other homes constructed on<br />

Camêlback Way, obscure the walls from view'<br />

Lot 52, has a similar existing retaining wall<br />

ermit. However, the property owner chose not<br />

tion at this time and has elected to make a<br />

e retaining wall sometime in the near future'<br />

I45

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