MEETING OF COUNCIL - Town of Cambridge

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COUNCIL MINUTES TUESDAY 27 NOVEMBER 2012 • The proposed dwelling is located towards the centre of the site with a floor level similar to the existing dwelling. The proposed dwelling has staggered retaining walls down towards Windarra Drive and an elevated pool (behind the building line) facing Adina Road. The slope of the land results in variations to the required wall height in the north western corner and western side street elevation of the dwelling. The proposed garage and the upper storey of the dwelling are proposed within the rear setback. Applicant's justification The applicant has provided written justification for the variations to the acceptable development provisions relating to the setback and visual privacy variations. Neighbour submission The Town notified the owners of the two properties directly adjoining the boundaries of the subject site, being No. 13 Adina Road and No. 30 Windarra Drive. In addition, properties deemed to be affected by variations at No. 16 Larundel Road, 10 Adina Road and 34 Windarra Drive were also notified. Submissions from the owners of No.s 13, 11 and 9 Adina Road as well as the owners of No. 30 Windarra Drive have been received. Performance criteria assessment Buildings setback from the boundary Rear/South Setback Performance criteria: Proposed • 1.0 - 1.5 metres from garage • 1.8 metres from upper storey outdoor shower, 3.3 metres to ensuite. Acceptable development provision 6.0 metres Buildings setback from boundaries other than street boundaries so as to: • provide adequate direct sun and ventilation to the building; • ensure adequate direct sun and ventilation being available to adjoining properties; • provide adequate direct sun to the building and appurtenant open spaces; • assist with protection of access to direct sun for adjoining properties; • assist in ameliorating the impacts of building bulk on adjoining properties; and • assist in protecting privacy between adjoining properties. The proposed dwelling is oriented towards the corner of Windarra Drive and Adina Road and the garage has been located facing Windarra Drive and within the rear setback. It is noted that the dwelling is set back further from Windarra Drive than required and this assists in reducing the impact on the streetscape. It is noted that the current dwelling is angled across the site with a garage setback 1.0 metre from the rear boundary. This is closer to Windarra Drive than the proposed garage. The proposed dwelling maintains the same ground level as the existing house but is proposed to be two storey and is as close as 1.8 metres from the rear boundary for the upper storey outdoor shower screen and 3.3 metres to the upper storey ensuite. H:\CEO\GOV\COUNCIL MINUTES\12 MINUTES\NOVEMBER 2012\B DV.DOCX 43
COUNCIL MINUTES TUESDAY 27 NOVEMBER 2012 The applicant has kept the two storey element to as low a wall height level as possible to minimise the impact on adjoining properties in terms of access to adequate light and ventilation (adjoining properties to the east of the subject site are on higher ground). In addition, there are no major openings at the upper level which have impact on adjoining properties in terms of loss of privacy. The adjoining property to the south has also been constructed facing a corner and has a rear setback of 2.0 metres in lieu of 6.0 metres. Apart from the balcony facing Windarra Drive, there are no major openings facing the rear common boundary. Therefore the rear setback variation to the proposed dwelling will not have any significant effect on access to direct sun or privacy for the adjoining property. The main area of contention is whether the two storey building has any impact on adjoining properties in terms of building bulk. It is noted that the dwelling complies with setbacks if the rear boundary was treated as a side boundary and that an average rear setback of 6.0 metres is maintained with the rest of the dwelling being well set back from the rear boundary. The amount of building encroaching into the rear setback is approximately ten square metres being four metres wide along a side boundary of 38.82 metres. The applicant has kept the two storey section of wall within the rear setback as a flat roof which also reduces the impact of building bulk on adjoining neighbours. The outdoor shower has a wall height of 2.2 metres from the upper floor level and the ensuite has a wall height of 3.3 metres. The other area of contention for neighbours is whether the location of the two storey building towards the rear boundary has any impact on access to views of significance. As stated by the applicant, the design has been set further back on the lot to allow views down Adina Road and across the primary street setback area to be maintained. It is noted, however, that this is not one of the relevant performance criteria for considering setback variations. Overall, it is considered that the setback of the dwelling from the rear boundary meets the performance criteria, for the following reason:- • provides adequate direct sun and ventilation to the dwelling and surrounding properties; • assists in ameliorating building bulk to adjoining properties; • assists in protecting privacy between adjoining properties. Retaining and Filling of Land Retaining in front setback Proposed Ranges from 0.5 metres to 1.09 metres Acceptable development provision 0.5 metres maximum Performance Criteria: Development that retains the visual impression of the natural level of a site, as seen from the street or other public place, or from an adjoining property. A retaining wall is proposed within the front setback area facing Adina Road. As the site slopes down towards Windarra Drive, the retaining wall increases in height to a maximum of 1.09 metres before recessing further back into the front setback. The wall provides a feature within the setback area and reduces the impact of the retaining walls and brick build up around the building at the setback line. The wall gives a stepped appearance to the building from the street and site and retains the visual impression of the natural slope on the site as viewed from the street. H:\CEO\GOV\COUNCIL MINUTES\12 MINUTES\NOVEMBER 2012\B DV.DOCX 44
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COUNCIL 27 NOVEMBER 2012 The projec
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COUNCIL 27 NOVEMBER 2012 10.2 FORME
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COUNCIL 27 NOVEMBER 2012 COMMUNITY
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COUNCIL 27 NOVEMBER 2012 11. URGENT
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MEETING OF COUNCIL - Town of Cambridge

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