REQUEST FOR DECISION CHIEF Development Variance Permit Application, DVP 22.01 – 656 Taynton Bay Drive

 In Home, Request for Decision

 TO: Mayor and Council

 FROM: Rory Hromadnik Director of Development Services

 SUBJECT: Development Variance Permit Application, DVP 22.01 – Setback Variance 656 Taynton Bay Drive

RECOMMENDATIONS: BE IT RESOLVED THAT, Council receives the application submitted by McDowell and Associates to vary Section 5.9(3)(d) of Zoning Bylaw 1145, 2002, minimum Setbacks within the R-3 Cluster Development Zone, to the R-1 Single Family Residential minimum setbacks, Section 5.3(3)(d) of Zoning Bylaw 1145, 2002 on Lot 2 District Lots 216 and 1007, Kootenay District Plan EPP45632, PID 029-496-306 (Subject Property);

AND FURTHER THAT, public notification of the proposed variance is given in accordance with the Local Government Act.

CHIEF ADMINISTRATIVE OFFICER’S COMMENTS: The District’s CAO supports the recommendations.



To seek Council’s consideration of a proposed Development Variance Permit application for a setback variance for a residential property located at 656 Taynton Drive. 


The intent of the application is to vary the R-3 minimum setback requirements for a single-family residence from the current requirements to those of the R-1 Zone under Bylaw No. 1145, 2002. 

Summary of the variance request: 

 Principle Buildings and structures from: 

From: R-3 Setbacks 

To: R-1 Setbacks 

Front Parcel Line 

3.0 m minimum to 4.5m maximum 

4.5 m minimum 

Rear Parcel Line 

7.5 m minimum 

6.0 m minimum 

Internal Parcel Line 

1.2 m minimum 

1.5 m minimum 

External Parcel Line 

2.0 m Minimum 

4.5 m minimum 

The requested variance, if approved, would help optimize development on the slopes present at the property’s front parcel line by accommodating the building footprint beyond the current R-3 maximum of 4.5m. Based on the lot geometry, the R-1 single-family residential setbacks better reflect the R-1 character of the lot and neighbourhood. 

The proposed recommendation will initiate the public notification process. This process involves notification of all property owners within 50.0 metres of the subject property. 


The KPOKL development area has undergone two subdivisions processes, the first creating twenty-three single family lots, second a 6-lot subdivision of the remaining area accessed by Taynton Drive. This application falls within the Taynton Drive subdivision comprised of six residential properties. 

Parcel location illustrated below: 

Increasing the front yard setbacks on Lot 2 (the Subject property) as indicated below, provides the necessary room for the applicant to construct a driveway access at a reasonable grade to the desired siting location for their future home. The zoning of the property is R-3 which was the zoning of the parent parcel before subdivision occurred. The R-3 setbacks for single family dwellings were originally designed for Westside Park style row housing with parking located at the rear of the building. In this geographic location the parcel is better suited to R-1 single family residential siting requirements, specifying minimum setback requirements but allowing flexibility with the maximum front yard requirements to accommodate access and parking which cannot be placed in the rear yard due to slope limitations. 

The application has been reviewed by Fire Services and Building Services and the proposed variance request does not present any undo impact to municipal infrastructure, the context of the neighbourhood or public safety. 

Propose siting of the dwelling on Lot 2 Plan EPP45632 


The District has received the $1,000 application fee associated with the application and will be billed mail out costs should that be necessary. No further financial implications are anticipated 



The District’s Zoning Bylaw provides the rules and regulations for the construction on lands within Invermere. The nature of the proposed variance is to accommodate a change from the adopted Zoning Bylaw to address a site-specific request. 

Official Community Plan 

The Subject Property is within the Official Community Plan (OCP) Section 3.2 Planned Residential of the Land Use Plan. No change to the OCP Land Use Plan is required. 

The parcel is located within The District of Invermere OCP Chapter 4, section 4.2. – Steep Slopes Hazardous Development Permit Area. A Development Permit (DP) will be required to proceed with development on this site which must include a site-specific geotechnical evaluation considering the building being proposed. No Building Permit will be issued prior to DP approval. There has been an overview geotechnical assessment of the subdivided lands completed during subdivision and the relaxation of the front yard set back maximum limitation, moving to the single-family residential setbacks of the R-1 zone is within the acceptable buildable area determined by the overview geotechnical evaluation. Based on the site-specific geotechnical evaluations received by the District for neighbouring properties, the proposed variance request is expected to pose no geotechnical risk to development on this site or to adjacent parcels. 


Staff will prepare the notices for mail out to the Property owners located within 50m of the proposed variance location. Comments received will be summarized and presented to Council in a follow up report should the recommendation of this report be supported. 


  1. Council could choose not to support the proposed recommendation and refuse the application for a development variance permit. 
  2. Council could choose to refer the proposed recommendation to a Committee of the Whole for further discussion and a site visit. 



Staff recommends that Development Variance Permit, DVP 22.01 – Setback Variance 656 Taynton Bay Drive, proceed to the notification stage. 

Prepared by: Rory Hromadnik
Director Development Services 


  1. 1. DVP Application 
  2. Property Title 
  3. Draft DVP 22.01 


Reviewed by: Andrew Young, MCIP, RPP
Chief Administrative Officer 

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