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COUNCIL MINUTESTUESDAY 26 FEBRUARY 2013DV13.15LOT 244 (NO. 53) HESPERIA AVENUE, CITY BEACH - SECOND STOREYADDITION TO EXISTING DWELLINGSUMMARY:The Town has received an application for a second storey addition and alterations to theexisting dwelling at No. 53 Hesperia Avenue, City Beach. The plans show an upper flooraddition comprising a sitting room, bathroom, study and front balcony. A new lift is alsoproposed to connect the undercroft carport/store to the new upper floor.The application requires a Council determination as an assessment is required against the wallheight and visual privacy setback performance criteria of the Residential Design Codes of WA(R Codes) and objections have been received during the consultation period that cannot beresolved through a condition of planning approval.The proposal is considered to satisfy the relevant performance criteria for the followingreasons:-• the wall height variation provides adequate access to direct sun and daylight to buildingsand does not significantly impact upon access to views of significance.• the balcony does not allow direct overlooking of active habitable spaces and outdoorliving areas of other dwellings due to effective screening.Accordingly, the proposal is recommended for approval.BACKGROUND:Application: 485DA-2012Owner:J & L AttikiouzelApplicant: Robert Holl Master BuilderZoning: Residential R12.5Use class: Dwelling (single) ‘P’ – permittedLand area: 1105 m²This application was originally submitted in October 2012 with plans showing wall and roofheight variations. To address some of the concerns raised by the Town’s Administration andthe owners of neighbouring properties, amended plans were submitted in December 2012 andthen revised again in February 2013. Specifically the overall height of the roof has beenlowered to meet acceptable development requirements. It is the latter set of plans that are thesubject of the following report.DETAILS:Development description• Existing single storey brick and tile dwelling with pitched roof and undercroft store/carport.• Site slopes up from Hesperia Avenue approximately 5.0 metres.• Applicant proposes a second storey addition to existing dwelling. Due to the cut into frontof the site for the undercroft garage a wall height variation from 'natural ground level' atthe front of the dwelling is proposed.H:\CEO\GOV\COUNCIL MINUTES\13 MINUTES\FEBRUARY 2013\B DV.DOCX 89
COUNCIL MINUTESTUESDAY 26 FEBRUARY 2013• A visual privacy setback variation from the front balcony towards the western sideboundary within the cone of vision is also proposed.Applicant's justificationThe applicant has provided written justification for the variations to the acceptable developmentprovisions relating to the wall height and visual privacy variations.Neighbour submissionThe Town notified the owners of the two properties directly adjoining the side boundaries of thesubject site, being Nos. 51 Hesperia Avenue and No. 15 West Coast Highway. In addition, theowner of the property directly across the road at No. 50 Hesperia Avenue was notified. Twosubmissions were received from the owners of No. 51 Hesperia Avenue and No. 15 WestCoast Highway objecting to the wall height, roof height and privacy variations. (Note the planshave now been amended to bring the overall height lower so that this is no longer a variation).Performance criteria assessmentBuilding heightProposedAcceptable development provisionWall height 7.8 metres 6.5 metres to eaves with pitchedroof abovePerformance criteria:Building height consistent with the desired height of buildings in the locality, and to recognisethe need to protect the amenities of adjoining properties, including, where appropriate:• adequate direct sun to buildings and appurtenant open spaces;• adequate daylight to major openings to habitable rooms; and• access to views of significance.The principal floor level of the existing building has a level that matches the dwellings on eitherside. An excavated area towards the centre of the site provides for the existing undercroft andcarport with an existing roof deck. Therefore, the wall heights as viewed from both sideproperties is close to the 6.5 metre height limit. However, the section of wall across the front ofthe dwelling for the new front balcony over the existing carport has a wall height of 7.8 metreswhen measured from the 'cut' or existing ground level of the carport. This overheight section ofwall is set back over 9.0 metres from the front boundary. Further, it is noted that the overheightsection of wall is actually to a pier to the balcony and that the balcony has aluminium, visuallypermeable 1.0 metre high balustrading which will still allow views to the ocean through thebalcony from the adjoining property to the east.It is considered that the building height is consistent with the desired height of buildings in thelocality, many of which are two storey with undercroft garages. As the overheight section ofbuilding is across the front and in the centre of the site, there is no direct impact on adjoininglandowners in terms of access to adequate daylight and direct sun.It is noted that the applicant has amended the plans to lower the overall height of the roof tomeet acceptable development provisions.H:\CEO\GOV\COUNCIL MINUTES\13 MINUTES\FEBRUARY 2013\B DV.DOCX 90
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MEETING OF COUNCIL - Town of Cambridge

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