REQUEST FOR DECISION
DATE: June 3, 2019 Report No. DEV-19-049
TO: Laurie Hurst, Chief Administrative Officer
FROM: Alex Tang, Planner and Bill Brown, Director of Development Services
SUBJECT:
Title
Development Permit and Development Variance Permit - 10-300 Plaskett Place
End
RECOMMENDATION:
Recommendation
1. That Council resolves that Development Permit No. DP000118 [Appendix A] authorizing construction of a patio deck as illustrated in the plans prepared by Java Designs, and sited in accordance with the BC Land Surveyor’s Site Plan prepared by Michael E. Claxton, both stamped “Received April 9, 2019”, be approved, and staff be directed to issue the permit, and register the notice on the title of the property located at 10-300 Plaskett Place [PID 017-658-187 Strata Lot 10, Section 11, Esquimalt District, Strata Plan VIS2246, together with an interest in the common property in proportion to the unit entitlement of the strata lot as shown on Form 1]; and
2. That Council resolves that Development Variance Permit No. DVP00090 [Appendix B] authorizing construction of a patio deck as illustrated in the plans prepared by Java Designs, sited in accordance with the BC Land Surveyor’s Site Plan prepared by Michael E. Claxton, both stamped “Received April 9, 2019”, and including the following variances be approved, and staff be directed to issue the permit, and register the notice on the title of the property located at 10-300 Plaskett Place [PID 017-658-187 Strata Lot 10, Section 11, Esquimalt District, Strata Plan VIS2246, together with an interest in the common property in proportion to the unit entitlement of the strata lot as shown on Form 1]:
Zoning Bylaw, 1992, No. 2050, Section 34 (8)(a) - Lot Coverage: A 1.2% increase to the requirement that all Principal Buildings, Accessory Buildings and Structures combined, shall not cover more than 30% of the Area of a Parcel [i.e. from 30% to 31.2%]
Zoning Bylaw, 1992, No. 2050, Section 34 (9)(b)(i) - Siting Requirements - Accessory Building - Front Setback: Exemption from the requirement that no Accessory Building shall be located in front of the front face of the Principal Building
Zoning Bylaw, 1992, No. 2050, Section 34 (9)(a)(ii) - Siting Requirements - Accessory Building - Side Setback: A 1.1 metres decrease to the requirement that no Accessory Building shall be located within 1.5 metres of an Interior Side Lot Line [i.e. from 1.5 metres to 0.4 metres]
Zoning Bylaw, 1992, No. 2050, Section 34 (9)(a)(iv) - Siting Requirements - Accessory Building - Building Separation: Exemption from the requirement that no Accessory Building shall be located within 2.5 metres of a Principal Building.
Body
RELEVANT POLICY:
Official Community Plan Bylaw, 2018, No. 2922
Zoning Bylaw, 1992, No. 2050
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:
This Request for Decision does not directly relate to a specific strategic objective.
BACKGROUND:
Appendix A: DP000118
Appendix B: DVP00090
Appendix C: Subject Map, Aerial Map
Appendix D: Mail Notice
Appendix E: Architectural Drawings and Surveyor’s Site Plan
Appendix F: Applicant’s Comments for Development Permit Area Guidelines
Purpose of the Application:
The applicant is proposing to construct a new deck that extends from an existing upper patio area over an existing lower patio area. As the proposed deck is a separate, self supporting structure, it is governed in the Zoning Bylaw as an Accessory Building.
This site is located within Development Permit Area No. 1 - Natural Environment, No. 2 - Protection of Development From Hazardous Conditions, No. 3 - Enhanced Design Control Residential, No. 7 - Energy Conservation and Greenhouse Gas Reduction and No. 8 - Water Conservation of the Township’s Official Community Plan. Correspondingly, the Development Permit application will respect the guidelines of these areas where applicable.
Context
Applicant/Owner: Gary and Didinell Brennan
Property Size: Metric: 564 m2 Imperial: 6076 ft2
Existing Land Use: Single Family Residential
Surrounding Land Uses:
North: Single Family Residential
South: Single Family Residential
West: Single Family Residential
East: Single Family Residential
Existing Zoning: RS-1 [Single Family Residential] [no change required]
Zoning
Zoning Bylaw, 1992, Bylaw No. 2050 (as amended) defines an “Accessory Building” as a Building or Structure:
(1) Having an area greater than 1.0 square metre;
(2) Located on the same Parcel as the Principal Building yet subordinate in area and extent, and whose purpose is customarily incidental to the Principal Building;
(3) Having no shower/bathtub or cooking facilities.
Hence, the proposed deck is a structure governed as an Accessory Building in the Zoning Bylaw.
Lot Coverage: The proposed deck has an area of 15 square metres and adds 2.6% to the existing lot coverage of 28.6%. The overall proposed lot coverage is at 31.2% which is 1.2% more than the allowed 30%.
Front Setback: The proposed deck is in front of the front face of the Principal Building. As the deck is governed as an Accessory Building, it is not allowed to be sited in front of the Principal Building.
Side Setback: The proposed deck has an interior side setback of 0.4 metres, compared to the required 1.5 metres.
Building Separation: The proposed deck has no separation from the Principal Building compared to the required 2.5 metres.
Official Community Plan
The proposed deck is inconsistent with the following guideline from Development Permit Area No. 1 - Natural Environment as the deck is considered a structure:
• 18.5.1.3 New Buildings/ structures shall not be located within 10 m of the high watermark of the Strait of Juan de Fuca.
There exists another guideline that states:
• 18.5.1.6 Variances to ‘Building Height’ and ‘Siting Requirements’ will be considered where natural areas and trees are being protected.
This house has already been built with a backyard that consists mostly of a rocky shoreline so the opportunities to protect trees and natural areas may be limited. Nonetheless, the adherence to this guideline can provide an opportunity to achieve consistency with the Development Permit Area guidelines.
Other guidelines that may be applicable include:
• 18.5.7.6 Incorporate architectural features that limit collisions between birds and windows including patterned, frosted or tinted glass, exterior louvers, blinds, sun shades and canopies.
o The applicant states that decals will be used on the glass.
• 19.5.2 Tsunami walls, retaining walls, sea walls, and other similar structures located in an area directly impacted by a Tsunami shall be designed to absorb wave energy and deflect residual wave energy away from locations likely to be occupied by people.
o This patio extension will be structurally engineered with steel to withstand any wave energy.
• 19.5.4 The use of construction materials that may leach toxic chemicals over time into the land or water should be avoided.
o The applicant states that there will be no construction materials used that could leach any toxic chemicals.
• 20.6.3 Windows, decks and patios should be located so as to minimize visual intrusion on to the privacy of adjacent properties.
o The applicant states that the patio extension will not intrude on adjacent properties.
• 24.5.2.11 In exposed marine locations select durable materials that will withstand weather and sea spray, to ensure low maintenance costs and infrequent replacement needs.
o The applicant states that all materials will be of the low maintenance variety.
• 24.5.5.1 Select building materials that have been shown to have a high level of durability for the use intended.
o The applicant states that all materials will be of a high level of durability
• 24.5.5.2 Use wood for construction as a means to sequester carbon dioxide - North American grown and sustainably harvested wood is preferable for building construction.
o The applicant states that the wood used will be from North America.
• 24.5.5.3 Select local and regionally manufactured building products whenever possible to reduce transportation energy costs.
o The applicant states that local products will be used.
• 24.5.5.4 Reuse of existing buildings and building materials is encouraged.
• 24.5.5.5 Choose materials that have a high likelihood of reuse or recycling at end of life.
Comments From Other Departments
The plans for this proposal were circulated to other departments and the following comments were received:
Community Safety Services: Building to be constructed to requirements of BC Building Code 2018 and municipal bylaws. Applicant must address all issues contained within the Township Development Protocol should application be approved. Plans will be reviewed for compliance with BC Building Code upon submission of a Building Permit application.
Engineering Services: Engineering staff have no concerns with this application.
Parks Services: Parks Services staff have no concerns with this application.
Fire Services: Fire Services staff have completed a preliminary review of the proposed plans and have no concerns at this time.
Comments from the Advisory Planning Commission [APC]
This application was considered at the regular meeting of the APC held on May 21, 2019. Members questioned whether any other agencies are involved in the approval process. Staff responded that there was not. The APC also questioned whether the house was built after the adoption of the OCP guideline regarding the setback of 10 metres from the Strait of Juan de Fuca. The house was built in 2000 and before the adoption of this guideline. The APC resolved that the application be forwarded to Council with a recommendation of approval as the variance is minimal.
ISSUES:
1. Rationale for Selected Option
The requested variance will have a minimal impact to the permeability of the site and the visual intrusion on neighbouring properties. Moreover, the Advisory Planning Commission recommended approval.
2. Organizational Implications
This Request for Decision has no significant organizational implications.
3. Financial Implications
This Request for Decision has no significant financial implications.
4. Sustainability & Environmental Implications
This Request for Decision has no significant sustainability or environmental implications.
5. Communication & Engagement
As this proposal includes a Development Variance Permit application, notices were mailed to owners and occupiers of parcels within 50 metres [164 ft.] of the subject property. Notices were mailed on May 28, 2019 [Appendix D] indicating that Council would be considering the requested Development Variance Permit application on June 10, 2019. To date, the Development Services Department has received no comments as a result of the notification.
ALTERNATIVES:
1. That Council resolves that Development Permit No. DP000118 [Appendix A] and Development Variance Permit No. DVP00090 [Appendix B] be approved, and staff be directed to issue the permits and register the notice on the title.
2. That Council deny Development Permit No. DP000118 [Appendix A] and Development Variance Permit No. DVP00090 [Appendix B].