By Lyonel Doherty

Oliver Chronicle

A development variance application for a Mountainview Drive residence isn’t sitting well with Oliver Town council.

It recently denied a setback permit for the construction of a deck, the bulk of which has already been built.

The subject property borders Mountainview Drive and Lakeside Drive, where the owners had a deck constructed.

The application in question seeks to vary the exterior side parcel setback from 3.5 metres to 1.77 metres.

The applicants said they relocated their home .4 metres to the east to avoid causing a problem with the foundation of a neighbouring home. As a result, this has reduced their deck size, making it narrower and difficult to furnish.

According to the applicants, the variance “will not negatively affect road traffic or the visual look of the area.”

Contract planner Chris Garrish recommended the variance be approved, noting that staff share the applicant’s opinion that traffic movements are unlikely to be impacted by the reduced setback.

But Mayor Ron Hovanes said it is clear to him that the project was “pretty much built” before the variance request was made.

“When the applicant suggested that he had permission to build what he has, it added another wrinkle.”

As a result, the mayor has asked Town staff to investigate further to confirm if permission was granted.

Councillor Larry Schwartzenberger said his main opposition is the deck was built before the contractor applied for the variance.

“When the foundation had to be moved closer to Lakeside Drive due to construction issues, the variance should have been applied for at that time as the setbacks also changed.”

Schwartzenberger said there is a difference in setbacks between a balcony (no supporting structure below) and a deck that has a supporting structure.

Councillor Dave Mattes said, according to the zoning bylaw, this variance is not consistent with the neighbourhood.

He also noted the bylaw allows balconies and projections that are unsupported, not decks that are supported.

In addition, he cited variance objection letters from neighbours.

Mattes said following the rules will allow for a four-foot wide deck along the side of the house.

No decision has been made whether the applicant must dismantle the new deck.

Mark Pankratz, agent for the homeowners, could not be reached for comment regarding permission to build the deck.