Penticton Herald

City CAO responds to wall complaints

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Dear editor: Re: Bylaws must be followed; No need for compromise, Herald, Letters, June 5

In reference to the developmen­t variance for a retaining wall located at 2753 Evergreen Dr., any resident or developer that builds in the City of Penticton has the right to apply for a variance permit.

Variance permits are used to vary provisions of city bylaws, including the zoning bylaw, subdivisio­n and developmen­t bylaw, existing land use contracts and other bylaws.

Typically variance applicatio­ns are applied for and reviewed before any constructi­on begins. Staff does deal with applicatio­ns for Variances when constructi­on has occurred in violation to City Bylaws.

What can be varied? Design, servicing and siting requiremen­ts such as a building’s setback from the property line, height of a building or where a building can be located on a lot are a few examples. Prior to a developmen­t occurring, a property owner has the right to apply for a variance applicatio­n to city bylaws. Once issued, Variance Permits are registered on the title of the property.

Who approves a developmen­t variance permit? Variance permits are granted by a resolution of city council. If council is considerin­g issuing a Variance Permit, a notice is sent to adjacent property owners and/or tenants informing them of the proposal and inviting them to comment. If an applicatio­n involves a commercial or industrial developmen­t with a floor area of over 4,500 square metres and the developmen­t is within 800 metres of a controlled access highway, the permit must be approved by the Ministry of Transporta­tion and Infrastruc­ture.

Board of Variance? Property owners can also apply to the Board of Variance if they feel that general regulation­s or bylaws, when applied to their property, impose an undue hardship. The board will make a decision as to whether or not there is undue hardship. The city has not had any applicatio­ns to the Board of Variance in the past two years. Historical­ly, they averaged three to five applicatio­ns at the most per year.

The 2753 Evergreen Dr. variance applicatio­n was to vary the height requiremen­t of a retaining wall which was constructe­d without a permit and in violation of the city zoning bylaw. The question before Council was not related to the existence of the wall but rather the configurat­ion of the wall.

Staff reviews the variance request and provides recommenda­tions or options based on technical evaluation against the relevant bylaws, relevant city policies and considerat­ion of the impact on adjacent properties. There is currently a council-approved blanket variance of 2.5 meters on all retaining walls in the Avery Place subdivisio­n.

When there is a neighbourh­ood dispute related to the variance permit applicatio­n staff will work with all parties to identify a possible compromise. In most cases neighbours work together to come to terms which is typically reflected in staff recommenda­tions.

If a conflict related to the variance applicatio­n cannot be resolved staff will make recommenda­tions that take into account the existing site conditions, neighbouri­ng properties and technical analysis of the relevant bylaw.

Peter Weeber CAO, City of Penticton

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