REQUEST FOR DECISION
MEETING DATE: March 17, 2026 Report No. APC-26-004
TO: Advisory Planning Commission
FROM: Kirsten Dafoe, Planner II and Bill Brown, Director of Development Services
SUBJECT: Development Variance Permit Application - 445 Grafton Street
RECOMMENDATION:
Recommendation
That the Commission recommend that Council approve, approve with conditions, or deny the Development Variance Permit application to authorize the siting for the proposed single-family dwelling at 445 Grafton Street, with the variances outlined in the “Purpose of Application” section of staff report no. APC-26-004, including reasons for the recommendation.
Body
EXECUTIVE SUMMARY:
The applicant proposes to demolish the existing single-family dwelling and detached garage at 445 Grafton Street, and to construct a new, larger single-family dwelling in approximately the same location. The potential building siting and dimensions for the proposed dwelling are limited by a restrictive covenant limiting maximum height as well as by Official Community Plan policies for the protection of the waterfront natural environment and for the protection of development from hazardous conditions.
To allow the building siting for the proposed single-family dwelling, variances to the Zoning Bylaw, 1992, No. 2050 are required, as outlined in the “Purpose of Application” section of this staff report. The variances requested are to reduce the minimum required front, exterior side, and combined side setbacks.
If the development variance permit no. DVP00179 is approved, staff could then proceed with the delegated approval process for the associated development permit.
BACKGROUND:
Relevant Policy:
Official Community Plan Bylaw, 2018, No. 2922
Zoning Bylaw, 1992, No. 2050
Parking Bylaw, 2025, No. 3089
Development Application Procedures and Fees Bylaw, 2012, No. 2791
Advisory Planning Commission Bylaw, 2012, No. 2792
Local Government Act
Purpose of Application:
The applicant proposes to redevelop the property at 445 Grafton Street with a new single-family dwelling per the Single Family Waterfront Residential [RS-3] zone. The proposed dwelling is designed as a single-storey building over a basement level. To allow the proposed building siting for the construction the dwelling, the applicant is requesting the following variances to Zoning Bylaw, 1992, No. 2050:
• Section 36(9)(a)(i) - Principal Building Front Setback: to reduce the minimum required Front Setback at 445 Grafton Street from 7.5m to 2.77m. This is a 4.73m variance.
• Section 36(9)(a)(ii) - Principal Building Side Setback: to reduce the minimum required Exterior Side Setback at 445 Grafton Street from 3.6m to 2.19m. This is a 1.41m variance.
• Section 36(9)(a)(ii) - Principal Building Side Setback: to reduce the minimum required total Setback of all Side Yards at 445 Grafton Street from 4.5m to 3.81m. This is a 0.69m variance.
In their rationale letter [Appendix B], the applicant outlines the following rationale for the requested variances to building siting:
• Natural Environment: By proposing the new dwelling in approximately the same location as the existing dwelling, disturbance of the coastal natural environment is reduced. For the proposal to satisfy policies and guidelines of the Official Community Plan by avoiding outward expansion to the ocean, the proposed building will be closer to the northwest side of the property. The applicant has provided an environmental assessment report [Appendix F].
• Tsunami Hazard: The applicant has provided a geotechnical report [Appendix E] establishing that the proposed basement floor level elevation of 4.31m above sea level is safe for the use, and that the proposed distance from the natural boundary of the sea is necessary to reduce tsunami run-up risk.
• Restrictive Covenant: The property is subject to a legal charge on title dating to 1964 that sets a more restrictive building height than is regulated by the Zoning Bylaw. This covenant prevents a 2-storey dwelling, resulting in a larger single-storey footprint.
If the development variance permit no. DVP00179 is approved for the above variances, staff could then proceed with the delegated approval process for the associated development permit.
Application Timeline:
December 22, 2025 - Application submitted
Context:
Applicant: Margaret Cormode, MAC Reno Design Build
Owner: Tyson Green
Lot Area: 2,083m2
OCP Present Land Use Designation: Low Density Residential
OCP Proposed Land Use Designation: Low Density Residential
Existing Land Use: Single-Family Residential
Proposed Land Use: Single-Family Residential
Surrounding Land Uses:
North: Single-Family Residential
South: Park (Denniston Park), Strait of Juan de Fuca
East: Single-Family Residential, Strait of Juan de Fuca
West: Single-Family Residential
Zone Designation: Single Family Waterfront Residential [RS-3]
Referral Comments:
The proposed development was to Building Inspection, Engineering Services, Fire, and Parks. No issues were identified by Building Inspection, Fire, or Parks. At the time of writing, no comments from Engineering Services have been received.
ANALYSIS:
OCP Analysis:
The proposed single-family dwelling is consistent with the Official Community Plan’s Low Density Residential Land Use Designation.
Section 5.2 Low Density Residential Redevelopment and Small-Scale Multi Unit Housing 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. Supporting policies in this section applicable to the proposed development include:
• Land that is subject to hazardous conditions including but not limited to tsunami impacted areas is not eligible for Small-Scale Multi-Unit Housing.
• Proposed redevelopment or infill within present low density and Small-Scale Multi-Unit residential land use designated areas should be built to high quality design and landscaping standards and respond sensitively to existing neighbourhood amenities.
Part 17 Development Permit Areas provides guidelines that will be considered by staff for the development permit application associated with the proposed redevelopment. Development permits associated with single-family dwellings are subject to delegated approval by staff. Guidelines with relevance to the requested setback variances outlined in this report include:
• New buildings/ structures shall not be located within 10m of the high watermark of the Strait of Juan de Fuca.
• Variances to ‘Building Height’ and ‘Siting Requirements’ will be considered where natural areas and trees are being protected.
• Retain existing healthy native trees, vegetation, rock outcrops, and soil wherever possible.
• No building intended for the occupation of people shall be built within an area impacted by a tsunami without the recommendation and guidance of a professional geotechnical engineer.
Zoning Analysis:
Density, lot coverage, Height, and Setbacks: except with respect to the requested setback variances as outlined in this report, the proposed development is consistent with the Zoning Bylaw’s RS-3 zone.
The location of the property between Grafton Street and the natural boundary of the sea results in an unusual configuration of lot lines, with three lot lines abutting Township roads. Two of these lot lines are parallel to the centerline of Grafton Street and one is approximately parallel to the centerline of Beatty Street. As the lot line parallel with Beatty is the shortest by 0.74m, it is defined as the front lot line, with the other two being exterior side lot lines.
Parking Analysis:
The proposed dwelling includes an attached 2-car garage, which exceeds the minimum Parking Bylaw requirement of 1 parking space for a single-family dwelling. Dimensions of the parking spaces and maneuvering areas are shown to meet the requirements set out in the Parking Bylaw.
OPTIONS:
1. That the Commission recommend that Council approve Development Variance Permit application to authorize the siting for the proposed single-family dwelling at 445 Grafton Street, with the variances outlined in the “Purpose of Application” section of staff report no. APC-26-004, including reasons for the recommendation.
2. That the Commission recommend that Council approve with conditions the Development Variance Permit application to authorize the siting for the proposed single-family dwelling at 445 Grafton Street, with the variances outlined in the “Purpose of Application” section of staff report no. APC-26-004, including reasons for the recommendation.
3. That the Commission recommend that Council deny the Development Variance Permit application to authorize the siting for the proposed single-family dwelling at 445 Grafton Street, with the variances outlined in the “Purpose of Application” section of staff report no. APC-26-004, including reasons for the recommendation.
COUNCIL PRIORITY:
Housing
Climate Resilience & Environmental Stewardship
REPORT REVIEWED BY:
1. James Davison, Manager of Planning, Reviewed
2. Bill Brown, Director of Development Services, Reviewed
3. Victoria McKean, Committee Coordinator, Concurrence
LIST OF ATTACHMENTS:
1. Appendix A - Aerial Map
2. Appendix B - Applicant’s Variance Rationale Letter
3. Appendix C - Proposed BCLS Site Plan
4. Appendix D - Proposed Site Plans and Building Elevations
5. Appendix E - Geotechnical Tsunami Report
6. Appendix F - Environmental Assessment Report
7. Appendix G - Arborist Report
8. Appendix H - Applicant’s Presentation