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09/1058 - MCU - Detached House [As Published] · 132009.1058
3. JUSTIFICATION Following are extracts from the Detached Housing Code and Natural Resources Overlay Code with respect to the items of non-compliance identified previously and justification supporting the minor discretions sought. Setbacks Given the subject site adjoins an Open Space Corridor within the Coastal Protection Area, the rear boundary setback is 6 metres. The master bedroom and living room deck extend into this setback by approximately 1 metre. The upper level eave overhangs also extend within the setback area. A cantilevered pool is located within the rear boundary setback. The small size of the subject site (531m?) coupled with the increased rear boundary setback creates a constrained area in which to establish a dwelling house. The project architect has sought to create a pavilion style house which affords the occupants a high level of connectivity between the external environment and internal living areas. This indoor/outdoor design concept results in internal ‘outdoor areas’ which have pushed the rear building line and eave into the setback area. Included in the application is a Design Rationale prepared by Sparks Architects discussing the form of the building as proposed. Further, the following points are considered critical to the assessment of the minor discretion sought: * the existing dwelling on site is located well within the setback area, extending further into the 6 metre setback than the building line proposed for the upper level: * the lower level building line is positioned well back from the required 6 metre setback, thereby allowing for dense vegetation to extend far into the site; ¢ the proposed building significantly reduces the building footprint on the site: ¢ — the swimming pool of the adjoining residence is located within the 6 metre setback area; and * —asignificant number of dwellings located in Piper Street & Plover Street extend within the 6 metre setback area. : Ake SNM Detached Housing Code), Setbacks 01 Buildings and other structures are a) The minor encroachment of the building appropriately designed and sited to— line, eaves and swimming pool significantly contribute to the useability and amenity of the a) provide amenity for users of the premises | dwelling for its users given the size as well as preserve the visual and acoustic constraints of the site. There is no impact privacy of adjoining and nearby land uses; upon the visual and acoustic privacy of adjoining and nearby land uses, as the b) preserve any existing vegetation that will encroachment is towards the rear boundary. buffer the proposed building from adjoining b) The rear of the subject site has been cleared of significant vegetation. However, the proposal seeks to establish dense planting along the front, side and rear boundaries. uses; c) allow for landscaping to be provided between buildings; d) maintain the visual continuity and pattern c) The proposed dwelling allows for 48% of of buildings and landscape elements within the site to be established as soft landscaping. the street; The features of the building located within the setback areas are cantilevered and e) for class 10a structures, do not visually accordingly do not impact upon this dominate the street; landscaping.
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