Informal Public Hearing for 440 Mountain Ash Crescent

The applicant has applied for a variance to allow for construction of a detached garage in the rear of the property which is within the side yard setback and taller than allowed in the Zoning Bylaw. The applicant has indicated that if future zoning regulations allow it, he is interested in using this structure as a ‘garage suite’. This use is not currently permitted in the Zoning Bylaw and is not being proposed as a variance or amendment at this time. Development Variance Permits can not vary the use of a property.

Council for the District of Sparwood will, at 6:00 pm on April 30, 2019, hold an informal public hearing, and at the Regular Meeting of Council on May 7, 2019, Council will consider Development Variance Permit 2019-005 for 440 Mountain Ash Crescent (Lot 134 DL 4589 Kootenay District Plan 6786) as shown on Schedule A, B & C, to:

Vary Zoning Bylaw No. 264, 1984 to:

  • Vary Section 3.2.2.C.(i) to decrease the minimum side yard for an accessory building from 1.52 m (5 ft) to 0.9 m (3 ft).
  • Vary Section 3.2.2.H.iii to increase the maximum accessory building height from 3.66 m (12 ft) at any eaveline to 4.87 m (16 ft).

Applicant:        James Drake
Address:          440 Mountain Ash Crescent

All persons who believe that their interest is affected by the proposed variance shall be afforded a reasonable opportunity to be heard in person, by a representative, or by written submission on the matters contained within DVP 2019-005 at the Special Council Meeting. 

Written submissions may be sent to the District of Sparwood, Box 520, Sparwood, BC V0B 2G0. Electronic submissions by email should be sent to Please note that due to potential email issues, all submissions sent by email should be confirmed by phone at the number listed below. These submissions must be received by no later than 12:00 p.m. on April 30, 2019 to ensure their availability to Council at the Special Meeting.  All submissions must include your name and street address and are considered public information, pursuant to the Freedom of Information and Protection of Privacy Act.

The above Development Variance Permit and related staff reports and background information may be inspected online (links below) or at the Municipal Office, 136 Spruce Avenue, Sparwood, B.C., during regular office hours of 8:30 a.m. – 4:00 p.m. local time, Monday to Friday from April 17 – 30, 2019.

Additional information may be obtained by contacting the Planning Department at 136 Spruce Avenue,
250 .425.6271, or email


RECOMMENDATION:  THAT Council gives notice of its intent to consider issuance of Development Variance Permit 2019-005 for the property legally described as Lot 134, DL 4589, Plan 6786, and located at 440 Mountain Ash Crescent; AND THAT Staff be directed to provide notice in accordance with Section 499 of the Local Government Act and Section 5 of Development Application Procedure Bylaw 1177, 2016.