REQUEST FOR DECISION
DATE: July 27, 2022 Report No. DEV-22-065
TO: Laurie Hurst, Chief Administrative Officer
FROM: Mikaila Montgomery, Planner I and Bill Brown, Director of Development Services
SUBJECT:
Title
Development Variance Permit Application - 932 Arcadia Street
End
RECOMMENDATION:
Recommendation
That Council resolves Development Variance Permit No. DVP00128 [Appendix A] authorizing a decrease to the south setback of the proposed building, consistent with the B.C. Land Surveyor’s Certificate of Location of Foundation provided by Peter Broeren on Lot A, Section 10, Esquimalt District Plan EPP97808, stamped “Received July 08, 2022,” and including the following relaxations to Zoning Bylaw 1992, No. 2050, be approved, and staff be directed to issue the permit and register the notice on the title of the property located at Lot A Section 10 Esquimalt District Plan EPP97808 [932 Arcadia Street].
Zoning Bylaw 1992, No. 2050, Section 67.105 Comprehensive Development District No. 188 [CD No. 118], (8)(ii) - Side Setback South - to decrease the allowed setback by .07 metres (i.e., from 2.1 metres to 2.03 metres).
Body
RELEVANT POLICY:
Official Community Plan Bylaw, 2018, No. 2922
Zoning Bylaw, 1992, No. 2050
Local Government Act
Declaration of Climate Emergency
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: DVP00128
Appendix B: Aerial Map
Appendix C: B.C. Land Surveyor’s Certificate of Location of Foundation on Lot A, Section 10, Esquimalt District, Plan EPP97808.
Appendix D: 932 Arcadia Notice of Variance
CHRONOLOGY:
September 1, 2021 - Development Permit Application submitted (incomplete)
Sept 27, 2021 - 11 x 17 Drawings received - missing landscape plan, survey, colour board
Oct 22, 2021 - Received landscape plan and colour board, survey not to scale
Nov 26, 2021 - Survey received
Dec 01, 2021 - Green building checklist & DP Guidelines 1,3, 7, 8 received
Jan 06, 2022 - Revised 11 by 17 drawing received (confirming FAR)
February 03, 2022 - Development Permit Application approved
July 08, 2022 - Development Variance Permit Application received
PURPOSE OF APPLICATION:
The applicant is proposing a variance to the south side setback of a new Single-Family Dwelling. The allowable south side setback is 2.1 metres. The applicant is seeking a variance of .07metres (7 centimeters), which results in a 2.03 metre setback. This variance is being sought after an oversight by the surveyor, who moved the approved foundation siting after a decision to use ICF concrete, which adds an additional 7.62 centimetres of foam inside and outside of the foundation. Evaluation of the development variance permit application should focus on Zoning Bylaw 1992, No. 2050 [CD No. 118] as it does not conform to Section (8)(iii) Side Setback South.
CONTEXT:
Applicant: Martin Block
Owner: 1196052 B.C. LTD., INC.
Property Size: Metric: 350.41 m2 Imperial: 3771.78 ft2
OCP Land Use Designation: Low Density Residential
Zone: Comprehensive Development District No. 118
Existing Land Use: Single Family Residential
Surrounding Land Uses:
North: Single Family Residential
South: Two Family/Single Family Residential
East: Single Family Residential
West: Two Family Residential
OCP ANALYSIS:
OCP Section 5.2 Low Density Residential Development states an objective to strive for redevelopment and infill development that improves and enhances the appearance and livability of neighbourhoods and the community as a whole. The proposed dwelling is located on a small lot in an area which has recently been subdivided, allowing for more housing to be built in line with existing neighbourhood land use.
OCP Section 13.3 Reduction of Greenhouse Gas Emissions states an objective to reduce building emissions by increasing energy efficiency in new buildings. The relevant policy in this section is to adopt best practices based on evolving building technologies and materials. Insulated Concrete Form (ICF) concrete was chosen in the building design because it is an energy efficient material.
ZONING ANALYSIS:
The proposed south side setback of 2.03 metres does not conform to the Zoning Bylaw.
COMMENTS FROM OTHER DEPARTMENTS:
The B.C. Land Surveyor’s Certificate of Location of Foundation was circulated to the Building and Engineering Departments and was returned with no concerns.
ISSUES:
1. Rationale for Selected Option
The variance sought is the result of an oversight by the surveyor and is of minor significance (.07m).
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
Using ICF for building has improved the building’s energy efficiency, in line with objectives stated in the OCP.
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.
ALTERNATIVES:
1. That Council approves Development Variance Permit No. DVP00128, and staff be directed to issue the permits and register the notices on the title of the property.
2. That Council denies Development Variance Permit No. DVP00128 with reasons.