City CAO responds to wall complaints
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