REQUEST FOR DECISION
MEETING DATE: August 14, 2025 Report No. BOV-25-001
TO: Chair and Member of the Board of Variance
FROM: Kirsten Dafoe, Planner II
SUBJECT: Board of Variance Application - 888 Dunsmuir Street
RECOMMENDATION:
Recommendation
That the Board moves to approve or deny the Board of Variance application BOV00029 at 888 Dunsmuir Street to vary Section 34(9)(a)(i) of the Zoning Bylaw, 1992, No. 2050, to reduce the required front yard setback from 7.5m to 4.38m.
Body
PURPOSE OF APPLICATION:
The existing building has a front setback of 3.86m for its front stairs and is non-conforming with respect to siting. The applicant proposes to lift the house to construct a secondary suite on a new lower floor. The proposal involves the reconstruction of the front stairs with a setback of 4.38m. As these stairs and the lifted dwelling are within the required front yard setback of 7.5m for the RS-1 zone, a variance is necessary for this alteration.
As per section 540 of the Local Government Act, the Board of Variance must determine whether compliance to the zoning bylaw would cause hardship. It is up to the board to determine if there is hardship for each application that they deal with. In addition, as per section 542 of the Local Government Act, the Board must be of the opinion that the variance is minor in nature and does not result in any of the following:
- Result in inappropriate development of the site.
- Adversely affect the natural environment.
- Substantially affect the use and enjoyment of adjacent land.
- Vary permitted uses and densities under the applicable bylaw.
- Defeat the intent of the bylaw.
- Vary the application of an applicable bylaw in relation to residential rental tenure.
BACKGROUND:
List of Attachments:
Appendix A - Aerial Map
Appendix B - Applicant’s Letter
Appendix C - Proposed Survey and Building Elevations
Relevant Policy:
Zoning Bylaw, 1992, No. 2050
Board of Variance Bylaw, 2014, No. 2831
Local Government Act
Comments from other Departments
The application was circulated to Building Inspection and Engineering Services. No concerns were raised with respect to the variance application.
CONTEXT:
Applicant: Gary Streight
Owner: Jayce Nguyen Ha, Taylor Hornford, Jan Hornford, and David Hornford
Property Size: 612 square meters
Zone: Single Family Residential [RS-1]
OCP Present Land Use Designation: Low Density Residential
OCP Proposed Land Use Designation: Townhouse Residential
Existing Land Use: Single-Family Residential
Surrounding Land Uses:
North: Single-Family Residential
South: Multiple-Family Residential
East: Single-Family Residential
West: Single-Family Residential
ZONING ANALYSIS:
Section 34(9)(a)(i) of the Zoning Bylaw sets out a minimum required front yard setback of 7.5m for Principal Buildings in the RS-1 zone. The existing building has a front setback of 3.86m for its front stairs and is non-conforming with respect to siting.
Section 16(1)(f) of the Zoning Bylaw allows the reduction of the required setback for “that portion of exterior stairs less than 0.4 metres vertical distance above the existing ground at any point.” The lowest steps of the proposed staircase are less than 0.4m above existing grade and are not included in the proposed front yard setback of 4.38m.
OPTIONS:
1. That the Board of Variance approves the Board of Variance application BOV00029 at 888 Dunsmuir Street to vary Section 34(9)(a)(i) of the Zoning Bylaw, 1992, No. 2050, to reduce the required front yard setback from 7.5m to 4.38m.
2. That the Board of Variance denies the Board of Variance application BOV00029 at 888 Dunsmuir Street to vary Section 34(9)(a)(i) of the Zoning Bylaw, 1992, No. 2050, to reduce the required front yard setback from 7.5m to 4.38m.