REQUEST FOR DECISION
DATE: August 5, 2022 Report No. DEV-22-070
TO: Laurie Hurst, Chief Administrative Officer
FROM: Alex Tang, Planner and Bill Brown, Director of Development Services
SUBJECT:
Title
Development Variance Permit Application - 615 Bryden Court
End
RECOMMENDATION:
Recommendation
That Council approve Development Variance Permit No. DVP00129 [Appendix A] including the following variances to Zoning Bylaw, 1992, No. 2050, and staff be directed to issue the permit and register the notice on the title of the property located at PID 005-340-004, Lot A, Section 11, Esquimalt District, Plan 9543 [615 Bryden Court] for the northern lot of the proposed subdivision:
Zoning Bylaw, 1992, No. 2050, 67.109 (8)(a)(ii) - Principle Building: Side Setback: The total Setback of all Side Yards not to be less than 4.29 metres [i.e. from 4.5 metres to 4.29 metres].
Zoning Bylaw, 1992, No. 2050, 67.109 (8)(a)(iii) - Principle Building: Rear Setback: No principal Building shall be located within 5.39 metres of the Rear Lot Line. [i.e. from 7.45 metres to 5.39 metres].
Body
RELEVANT POLICY:
Official Community Plan Bylaw, 2018, No. 2922
Zoning Bylaw, 1992, No. 2050
Local Government Act
Declaration of Climate Emergency
Parking Bylaw, 1992, No. 2011
Development Application Procedures and Fees Bylaw, 2012, No. 2791
Advisory Planning Commission Bylaw, 2012, No. 2792
Subdivision and Development Control Bylaw, 1997, No. 2175
Green Building Checklist
STRATEGIC RELEVANCE:
Healthy, Livable and Diverse Community: Support community growth, housing, and development consistent with our Official Community Plan
BACKGROUND:
Appendix A: DVP00119
Appendix B: Aerial Map
Appendix C: Architectural Plan and Proposed Subdivision Site Plan
CHRONOLOGY:
July 12, 2022 - Application received
PURPOSE OF APPLICATION:
The applicant is proposing to remove the garage and carport, while retaining the existing single-family dwelling. Amendment Bylaw No. 2966 was adopted on October 7, 2019, changing the zoning designation of the subject property from RD-3 [Two Family/Single Family Residential] to CD No. 122 [Comprehensive Development District No. 122]. Under Comprehensive Development District No. 122, two single-family dwellings are allowed as part of a 2-lot subdivision. The applicant is seeking a variance to the side and rear setback to allow the existing single-family dwelling to remain on the northern parcel while constructing a new single-family dwelling on the southern parcel.
Evaluation of the development variance permit application should focus on the setbacks as it does not conform to Zoning Bylaw, 1992, No. 2050.
CONTEXT:
Applicant: Mike Barbon
Owners: Tyler and Carol Barbon
Mike Barbon Construction Ltd., Inc.No. BC0518987
Property Size: Metric: 780 m2 Imperial: 8399 ft2
OCP Land Use Designation: Low Density Residential
Zone: CD No. 122
Existing Land Use: Single-Family Residential
Surrounding Land Uses:
North: Single-Family Residential
South: Single-Family Residential
East: Multiple-Family Residential]
West: Single-Family Residential
ZONING ANALYSIS:
Under the proposed subdivision site plan [Appendix C], the existing single-family dwelling, with its carport and garage removed, would not conform to Zoning Bylaw, 1992, No. 2050. The applicant is requesting a variance to the side and rear setback for the existing single-family dwelling. The total required side setback is 4.5 metres, compared to the proposed 4.29 metres. The required rear setback is 7.45 metres, compared to the proposed 5.39 metres.
ISSUES:
1. Rationale for Selected Option
The applicant’s initial intent was to construct two new single-family dwellings. The variances would provide the applicant the option to retain their existing single-family dwelling while constructing a new single-family dwelling. The setbacks of their existing single-family dwelling in relation to the neighbouring parcel’s lot lines will remain the same; hence, its impact will be minor.
2. Organizational Implications
This request for decision has no organizational implications.
3. Financial Implications
This request for decision has no financial implications.
4. Sustainability & Environmental Implications
This request for decision has few sustainability and environmental implications.
5. Communication & Engagement
As this is a Development Variance Permit application, notices were mailed to owners and tenants of properties within 50 metres (164 ft) of the subject property. Notices were mailed out on July 29, 2022. To date, the Development Services Department has received no responses to these notifications.
ALTERNATIVES:
1. That Council approve Development Variance Permit No. DVP00129, and staff be directed to issue the permit and register the notice on the title of the property.
2. That Council deny Development Variance Permit No. DVP00129 with reasons.