^ l.^^ i^-- Charles Hamilton, CAO

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1 CSRD BOARD REPORT TO: FROM: SUBJECT: Chair and Directors Christine LeFloch Development Services Assistant Development Variance Permit Brian and Lola Svenson File No: DVP Date: May 30, 2016 RECOMMENDATION: THAT: in accordance with Section 498 of the Local Government Act Development Variance Permit No for Lot 2, Section 12, Township 23, Range 9, West of the 6th Meridian, Kamloops Division Yale District, Plan 10846, varying South Shuswap Zoning Bylaw No. 701, as follows: 1. Section Minimum front parcel line setback for the garage from 5 m to 1.83 m; and 2. Section Minimum rear parcel line setback for the garage from 5 m to m; and 3. Section Minimum interior side parcel line setback for the garage from 2 m to m; and 4. Section Minimum interior side parcel line setback for the eaves of the garage from 1 m to m; and 5. Section Minimum rear parcel line setback for the cabin from 5 m to 0 m; and 6. Section Minimum rear parcel line setback for the eaves of the cabin from 1 m to 0 m; be approved for issuance this 16th day of June, 2016, subject to receipt of confirmation from the Ministry of Transportation and Infrastructure that a permit to encroach into the provincial setback will be issued. APPROVED for Board Consideration: Meeting Date: June 16,2016 ^ l.^^ i^-- Charles Hamilton, CAO SHORT SUMMARY: The subject property is located in Eagle Bay, at 5895 Eagle Bay Rd and is subject to South Shuswap Zoning Bylaw No. 701 and Electoral Area 'C' Official Community Plan Bylaw No The owners plan to remove the existing garage and construct a new garage which will be sited further back from the high water mark of Shuswap Lake. They also propose to remove the deck located on the front of the existing cabin and replace it with a new deck on the east side. They further propose to raise the cabin and replace the foundation. This project requires variances to the east interior side parcel line setback, rear, and front parcel line setbacks for the proposed new garage and to the rear parcel line setback for the cabin. Unweighted VOTING: corporate Weighted Corporate Stakeholder (Weighted) Page 1 of 8

2 Board Report DVP June 16, 2016 LGA Part 14 0 (Unweighted) BACKGROUND: PROPERTY OWNERS: APPLICANT: ELECTORAL AREA: CIVIC ADDRESS: LEGAL DESCRIPTION: SIZE OF PROPERTY: OCP DESIGNATION: ZONE: CURRENT USE: PROPOSED USE: SURROUNDING LAND USE PATTERN: Brian and Lola Svenson Brian and Lola Svenson 'c' 5895 Eagle Bay Road, Eagle Bay Lot 2, Section 12, Township 23, Range 9, W6M, KDYD, Plan ha (2.3 ac) RR2 - Rural Residential 2 Riparian Areas Regulation Development Permit Area Lakes 100 m Development Permit Area RR3 - Rural Residential 3 (1 ha) FR2 - Foreshore Residential 2 - adjacent portion of Shuswap Lake Cabin, Accessory Building (garage/boathouse), boat launch, retaining wall, dock and buoy Cabin (to be raised on new foundation, existing deck to be removed, new deck to be added), New accessory building (garage), dock and buoy North: Shuswap Lake South: Eagle Bay Road, Large Holdings - vacant East: Rural Residential West: Rural Residential SITE COMMENTS: A site visit took place on April 15, The subject parcel is located in the Eagle Bay area and is divided by Eagle Bay Road. The portion of the property located between Shuswap Lake and the road is developed with a small cabin and two older accessory buildings (garage/boathouse and shed). The portion of the property located on the south side of the road is steep and well treed. At this time the only development on the south side of the road is the affluent drainage field for the septic system that services the cabin. The portion of the property located to the north of Eagle Bay Rd is between 15.6 and m in width. The existing cabin is situated below the flood construction level and at the rear property boundary with a deck that projects beyond the property boundary onto the foreshore. There is also an existing rock retaining wall that includes concrete filled 45 gallon drums that is located on the foreshore in front of the cabin. An existing garage/boathouse is sited so that portions of the building project over both the rear and the east side property lines. A small shed is located just south of the garage/boathouse and a concrete boat ramp, a dock, and a buoy are located on the foreshore, and in Shuswap Lake adjacent to the parcel. Page 2 of 8

3 Board Report DVP June 16, 2016 The applicant is proposing the following alterations and additions to the property: remove the deck that is projecting over the rear property line onto Crown land; remove the retaining wall; remove the boat launch; remove the garage/boathouse and small shed; raise the cabin and replace foundation; add a new deck and stairs to the east side of the cabin; and construct a new garage further from the lake and within the property boundaries. This application for a Development Variance Permit addresses the siting of the new garage and the existing cabin. The new garage is proposed to be located with the foundation m from the front property line and 1.5 m from the east interior side property line. The eaves of the garage will be sited 1.83 m from the front property line, m from the rear property line, and 0.63 m from the east interior side property line. The existing cabin will be raised, the foundation replaced and a new deck added to the east side in line with the existing cabin wall. The cabin will remain in its existing location at 0.06 m from the rear property boundary. The eaves will be sited at 0 m from the rear property boundary. The proposed redevelopment requires variances to the setback requirements of the South Shuswap Zoning Bylaw No. 701 which are outlined in detail below. The owners have also made application to the Ministry of Transportation and Infrastructure for a permit to encroach into the required provincial 4.5 m setback from all road right of ways. The eaves of the cabin project over the rear property boundary by a small margin, however as they do not project beyond the present natural boundary no further approvals from the Province are required. The owners have applied for a Riparian Areas Regulation Development Permit to address the alterations proposed within 30 m of Shuswap Lake, a Hazardous Lands (Steep Slopes) Development Permit to address slopes over 30%, and a Floodplain Exemption to address the proposed buildings within the floodplain setback and below the flood construction level. These applications may be issued by the Manager of Development Services in accordance with Development Services Procedures Bylaw No. 4001, which delegates technical development permits and floodplain exemptions to the Manager of Development Services for approval. CSRD POLICY: Electoral Area 'C' Official Community Plan Bylaw No. 725 Section Residential Residential development is subject to the following land use designations, housing forms and maximum densities: Rural Residential 2 (RR2) shall have detached or semi-detached housing form and a maximum density of 1 unit per 5 acres (2 ha). This property was created by subdivision prior to adoption of Bylaw No Waterfront Development Objective.1 To maintain the near shore areas of Shuswap Lake, White Lake and Little White Lake ecologically intact by focusing development away from the shoreline and by minimizing impacts from moorage facilities. Page 3 of 8

4 Board Report DVP June 16, Hazardous Lands Development Permit Area (Steep Slope) Electoral Area 'C' OCP designates all properties, any portion of which, contain slopes 30% or greater as Hazardous Lands Development Permit Area (Steep Slopes) for the purpose of protecting development from steep slope hazardous conditions. For construction of, addition to or alteration of a building or other structure: Compliance with and submission of the relevant geotechnical sections of the BC Building Code by an Association of Professional Engineers and Geoscientists of British Columbia (APEGBC) registered professional with experience in geotechnical engineering. A Covenant may be registered on title identifying hazards and restrictions regarding construction, habitation or other structures or uses on slopes of 30% or greater. The portion of the property located on the south side of Eagle Bay Road contains slopes in excess of 30%. An application for Development Permit has been made by the owners and is being processed by staff. Hazardous Lands Development Permits are issued by the Manager of Development Services Lakes 100m Development Permit Area Electoral Area 'C' OCP designates all areas within 100 m of Shuswap Lake, White Lake, and Little White Lake as the Lakes 100 m Development Permit Area. The purpose of this designation is to protect the natural environment, its ecosystems and biological diversity. A Development Permit is required for installation of Type 1 or 2 septic systems, removal, alteration, disruption or destruction of vegetation involving more than 1000 m2 of vegetation coverage area, construction or erection of buildings and structures with a sum total footprint of more than 200 m2, and creation of non-structural impervious or semi-impervious surfaces greater than 100 m2. A report from a qualified professional with experience in hydrogeology is required in support of the application. The applicant is not proposing any activities which would trigger a Lakes 100m Development Permit Riparian Areas ReQulation (RAR) Development Permit Area Section 12.4 of the Electoral Area 'C' OCP designates all areas within 30 m of a watercourse as Riparian Areas Regulation Development Permit Areas. The purpose of this designation is to protect the natural environment, its ecosystems and biological diversity. A RAR development permit is required where a developer proposes construction or demolition of buildings and structures, alteration of land or removal of vegetation within 30 m of a watercourse. A report from a Qualified Environmental Professional which has been submitted to and accepted by the Ministry of Environment is required in support of the application. A RAR Development Permit is required for the proposed development. An application for Development Permit has been made by the owners and is being processed by staff. RAR Development Permits are issued by the Manager of Development Services. South Shuswap Zoning Bylaw No Definitions SETBACK means the required minimum distance between a structure, building or use and each of the respective property lines. Page 4 of 8

5 Board Report DVP June 16, 2016 STRUCTURE means any construction fixed to, supported by or sunk into land or water but not concrete or asphalt paving or similar surfacing. 3 - General Regulations 3.5 Setback Exceptions No building or structure other than the following shall be located in the area of setback required by this Bylaw:.8 eaves and gutters, provided they are not closer than 1 m from any parcel line Flood Construction Level: metres Geodetic Survey of Canada Datum for land adjacent to Shuswap Lake; Floodplain Setback: metres from the mean annual high water mark of Shuswap Lake, defined as metres Geodetic Survey of Canada Datum The existing cabin is proposed to be raised to Geodetic Survey of Canada Datum which is.55 m below the flood construction level. The cabin is sited at 0 m from the high water mark of Shuswap Lake. The proposed new garage will be sited above the flood construction level and at m from the high water mark for Shuswap Lake. Floodplain Exemption was approved for issuance by the Manager of Development Services on May 26, 2016 subject to registration of a Section 219 covenant on title of the subject property prohibiting development on the site unless it complies with the recommendations of the flood hazard assessment by Larissa Laderoute, GIT and Rod Williams, P. Geo., of Onsite Engineering Ltd. dated April 22, 2016 and that the covenant indemnify and save harmless the CSRD and the Crown in the event of flood damage to any portion of the subject property. RR3 - Rural Residential Zone (1 ha) Permitted Uses 9.1 The following uses are permitted in the RR3 zone:.1 single family dwelling;.2 hobby farm, permitted only on parcels greater than 2 ha or on parcels within the Agricultural Land Reserve;.3 bed and breakfast;.4 cottage, permitted only on parcels greater than 4000 m2;.5 home business;.6 home industry, permitted only on parcels greater than 2 ha;.7 accessory use. 9.2 Regulations.1 Minimum parcel size for new subdivisions 1 ha.2 Maximum number of single family dwellings per parcel 1.3 Maximum number of cottages per parcel 1.4 Maximum height for: Principal buildings and structures 11.5 m (37.73 ft.) Page 5 of 8

6 Board Report DVP June 16, 2016 Accessory buildings 10 m (32.81 ft.).5 Minimum setback of Principal and Accessory Buildings from: FINANCIAL: front parcel line 5 m exterior side parcel line 4.5 m interior side parcel line 2 m rear parcel line 5 m No financial implications to the CSRD. This DVP application is not the result of bylaw enforcement action. KEY ISSUES/CONCEPTS: The property owners are applying to vary South Shuswap Zoning Bylaw No. 701 as follows: For the garage: Section Minimum front parcel line setback for the garage from 5 m to 1.83 m; and Section Minimum rear parcel line setback for the garage from 5 m to m; and Section Minimum interior side parcel line setback for the garage from 2 m to m; and Section Minimum interior side parcel line setback for the eaves of the garage from 1 m to m. For the cabin: Section Minimum rear parcel line setback for the cabin from 5 m to 0 m; and Section Minimum rear parcel line setback for the eaves of the cabin from 1 m to 0 m. The variance is being requested in order to facilitate improvements to the property including removal of existing buildings and structures, portions of which extend onto the Crown foreshore or adjacent property, raising of the cabin and replacement of the foundation, and reconstruction of the garage in a more suitable location. Due to the narrow building envelope between the high water mark and Eagle Bay Road, the above noted variances are required. The applicant has applied to the Ministry of Transportation and Infrastructure for a permit to encroach into the Provincial 4.5 m setback. SERVICING: There is an existing septic system located on the property that services the cabin. The tank is located on the north side of Eagle Bay Road to the west of the cabin, and the field is located on the south side of Eagle Bay Rd. Domestic water is provided via a deep water lake intake. ACCESS: The property is accessed from Eagle Bay Road. Staff did not see an address sign posted when the site visit was done. IMPLEMENTATION: If the Board approves issuance of DVP the owners will be advised of the decision and staff will prepare the Notice of Permit for submission to the Land Title Office. Once notice is received that the development variance permit is registered on title the applicant would be in a position to begin construction. Page 6 of 8

7 Board Report DVP June 16, 2016 SUMMARY: Development Services staff is recommending DVP be issued for the following reasons: The proposed development would significantly improve the location of improvements on the subject property and would bring the siting of the existing cabin into compliance with Bylaw No.701; There is limited area within which to construct on the subject property; A Floodplain Exemption has been issued for the proposed development; The reduced setbacks would have little impact on the surrounding properties; and APC 'C' recommended approval of the application. LIST NAME OF REPORT(S) / DOCUMENT(S): 1. Development Variance Permit No (Including location map and site plan) 2. Maps: OCP, Zoning, Orthophoto, site plan 3. Photos 4. Application Attached to Board Report: 0 Attached to Board Report: El Attached to Board Report: 0 Attached to Board Report:D Available from Staff: _D_ Available from Staff: _D_ Available from Staff: _D_ Available from Staff: DESIRED OUTCOMES: That the Board endorse staff recommendation to approve issuance of DVP BOARD'S OPTIONS: 1. Endorse staff recommendation, DVP will be approved for issuance. 2. Decline issuance of the permit. 3. Defer. 4. Any other action deemed appropriate by the Board. COMMUNICATIONS: Property owners and tenants in occupation within 100 m of the subject property were given notification a minimum of 10 days prior to the June 16, 2016, CSRD Board Meeting. All interested parties have had the opportunity to provide comments regarding this application prior to the Board Meeting. Referrals have been sent to the following: Area 'C' APC Ministry of Transportation and Infrastructure CSRD Operations Management Page 7 of 8

8 Board Report DVP June 16, 2016 If the Board approves issuance of DVP the owner will be advised of the decision in writing, and the documentation will be forwarded to the Land Title Office for registration against the title of the subject property. REVIEWED BY: Team Leader Development Services Manager, Development Services Date Signed Off (MO/DD/YR) ^LL^^ZOf^ O^/G) ^/^ Approval Signature of Reviewing Manager or Team Leader S^^Jk/^ _ Page 8 of 8

9 rcsrd' COLUMBIA SHUSWAP REGIONAL DISTRICT DEVELOPMENT VARIANCE PERMIT NO OWNERS: Brian Svenson Lola Svenson 285 Kalamalka Lakeview Drive VERNONBCV1H1S7 2. This permit applies only to the land described below: Lot 2 Section 12 Township 23 Range 9, W6M, KDYD, Plan 10846, which property is more particularly shown outlined in bold on the map attached hereto as Schedule 'A'. 3. The South Shuswap Zoning Bylaw No. 701, is hereby varied as follows: Section Minimum front parcel line setback for the garage from 5 m to 1.83 m; and Section Minimum rear parcel line setback for the garage from 5 m to m; and Section Minimum interior side parcel line setback for the garage from 2 m to m; and Section Minimum interior side parcel line setback for the eaves of the garage from 1 m to m. Section Minimum rear parcel line setback for the cabin from 5 m to 0 m; and Section Minimum rear parcel line setback for the eaves of the cabin from 1 m to 0 m; as more particularly shown on the site plan attached hereto as Schedule 'B'. 4. This is NOT a building permit. AUTHORIZED AND ISSUED BY RESOLUTION of the Columbia Shuswap Regional District Board on the _ day of_,2016. DEPUTY CORPORATE OFFICER NOTE: Subject to Section 504 of the Local Government Act, if the development of the subject property is not substantially commenced within two years after the issuance of this permit, the permit automatically lapses.

10 COLUMBIA SHUSWAP REGIONAL DISTRICT Development Variance Permit Schedule 'A' Page 2 of 3 Eagle Bay Electoral Area 'C' Shuswap Lake 5895 Eagle Bay Rd TlilLli. Lan..(ilK ' 0 &orri;nto - '. hit.- Lc-iKe Notch Hill E'.alrn.-.rdl 0 C C.jrlin Lat N Lat/LongA ^ ^^ ^ 0 2 4km N ^ Eagle Bay Electoral Area 'C' Shuswap Lake Subject Property ^ Y '^, ^ I-1. ', ^ ( 5941 ^ i i 681S ^ ^^^ N ^ Lat; N LaVLongA ^ ng.i458rw 3060m

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12 OCP Eagle Bay Electoral Area 'C' Shuswap Lake Subject Property LH // Lat: * N al/longa ^ 1^3359. ^ m N + Zoning Eagle Bay Electoral Area 'C' Shuswap Lake. (RR1 /. -^, Subject Property '.^ / Plan /^.!^ a. irt"? \r^ i ^1./ ^ \' l-'i " \ ) I i ^ " i /;'^i ^^ ^. /. ;<T ' ; l.^~ 13' :! (, s^ / } ^TY-1\ " ' RR3 ^Bylaw, "^»'»- \ South Jgbuswap " 4N!, lat ' N Ion: U W 10 '3i)0m w^

13 Orthophotos Lat: ' N WKID: 4326 Lat/Long A -^ ^^Os W I 0 Portion of property north of Eagle Bay Rd

14 Entire Subject Property

15 Photos ^Sr^'^ ^^ -, ^^-^?.----s-c.. ^^^ y"-s^''^_j:51: '^&^ ^^^'.^^t^^'s' SlWi ^^l?r - :;^-T'.:.-^^^-. :-.hii^&^w^ ^? From beach looking toward cabin and boathouse/garage From east side of cabin looking south toward location for new garage

16 From north side of cabin looking east toward location for new garage ;;;cy^-)«:s%!*-l 5^?- ^'..T,'^ ^<?^^;~,«Sttj5"7<^C?' ^'A'i.?3-'^"-^^-- '*^c'. ''*.^^^^^^. ^B:2?i^-s.ASi ""S^P - J»fc^-i^B^»,'"'. ^' ^-'. ss ;?:-^'-S:'^=;:~--r';'^?'''U ^^SSSS?ff^'^SS^V^K- From beach looking toward garage/boathouse lll^llilwsb! A-K~-->: ^un--'-^ 'y-h''.^