REQUEST FOR DECISION
MEETING DATE: May 20, 2025 Report No. APC-25-010
TO: Advisory Planning Commission
FROM: James Davison, Manager of Development Services
SUBJECT: Development Variance Permit Application - 429 Lampson Street - Staff Report No. APC-25-010
RECOMMENDATION:
Recommendation
That the Advisory Planning Commission recommend that Council approve, approve with conditions, or deny the Development Variance Permit application consistent with the Tentative Plan of Subdivision attached to this report as Appendix A by J.E. Anderson & Associates, including the following variances to Zoning Bylaw, 1992, No. 2050 for the property located at 429 Lampson Street:
• Variance to Section 67.71(7)(a) Siting of the Principal Building from that as detailed on the survey plan prepared by McElhanney Associates Land Survey Ltd., stamped “received September 9, 2013” to “…prepared by J.E. Anderson & Associates, stamped “received May 8, 2025” as attached to this report as Appendix A.
• Variance to Section 67.71(18)(a)(v) Site A/Site B shared Lot Line Setback for building elements up to 11 metres in height from 3.5 metres to 1.0 metres for Site B
• Variance to Section 67.71(18)(a)(v) Site A/Site B shared Lot Line Setback for building elements over 11 metres in height from 7.5 metres to 1.3 metres for Site B
Note that staff continues to work with the applicant and their surveyor. The variances may change depending on the ultimate determination of the existing built elements in the setback (including ‘ornamental’ features as per the zone) and their exact location.
Body
EXECUTIVE SUMMARY:
The application is requesting variances as a result of both slight changes to building elements on the site during construction (now completed) and to the setbacks of the Site B building elements relating to a new Lot A / Lot B lot line as illustrated in Schedule A. The proposed lot line will separate the English Inn site from the residential site on the same lot and is intended to delineate the lot into two sites for the purpose of future subdivision. The variances are required as the applicant has requested that the Site A/B lot line be moved. The applicant requires these variances to enable their subdivision application. No further physical change to the site is contemplated.
BACKGROUND:
The creation of the internal Site A/Site B lot line is intended to inform and enable future subdivision of the lot into the English Inn site and the residential portion of the site. The proposed lot line accommodates the final construction condition and the desire to assign tree and retaining wall elements to one site or the other. This application addresses structures which have already been constructed and does not contemplate or enable further future construction within these setbacks. It does not impact external lot lines or setbacks thereto. The Site A buildings have changed very slightly through the process of construction, but only in terms of elements such as posts and porticos; the building envelope has not changed. As such, the survey defining that building location is being updated as part of this process. No further physical change to the site is contemplated.
Referral Comments:
Fire: No issue with the distances of buildings in the context of a future subdivision.
ANALYSIS:
The proposal is logical, enables future subdivision, and does not impact any external lot lines. Staff is supportive of the application.
OPTIONS:
Members of the Advisory Planning Commission should consider the appropriateness of the requested variances to Zoning Bylaw, 1992, No. 2050 in considering whether to recommend that Council approve, approve with conditions, or deny the application (with stated reasons).
COUNCIL PRIORITY:
Housing
Diversified and thriving economy
REPORT REVIEWED BY:
1. Bill Brown, Director of Development Services, Reviewed
2. Victoria McKean, Committee Coordinator, Concurrence
LIST OF ATTACHMENTS:
Appendix A Tentative Plan of Subdivision, J.E. Anderson & Associates
Appendix B Applicant Presentation