A Whistler homeowner is requesting variances to legalize an existing auxiliary dwelling unit (ADU) on Arbutus Drive. The ADU, located within a three-story house initially built between 1980 and 1988, was added without the necessary permits by previous owners.
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The new owner, who purchased the property in 2023, is now seeking to bring the ADU into compliance with municipal regulations. To do so, they have applied for two zoning variances: a reduction in the front setback from 7.6 meters to 5 meters and an increase in the building height from 7.6 meters to 8.5 meters.
The property sits on a steep lot with a 25-meter upward slope, making development challenging. The existing house was built close to the front of the lot to accommodate this topography. The unauthorized ADU was created by enclosing an open area within the building’s footprint, establishing a new lowest floor, and effectively raising the building’s overall height according to zoning measurements.
In a report that will be presented to the council today, staff note that while the property’s RS1 zoning allows ADUs to be 5 meters from the front lot line if they are part of a garage or carport, this dwelling does not include either. However, staff believe the ADU’s current placement aligns with the intent of the zoning bylaw, making it a better option than removing the unit entirely, which would involve significant structural changes.
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In 2009, Whistler Council filed a notice of bylaw contravention on the property title to prompt the former owners to obtain the necessary permits. The new owner is now addressing these issues and securing the necessary variances.
Staff emphasized that although the peak height of the house visible from Arbutus Drive hasn’t changed, the new lower floor has altered the measured building height, leading to the need for height variance. While acknowledging the construction was initially done without permits, staff support the variances, considering them minor adjustments with limited impact on neighbouring properties.
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