REQUEST FOR DECISION
DATE: February 1, 2017 Report No. DEV-17-006
TO: Laurie Hurst, Chief Administrative Officer
FROM: Karen Hay, Planner
SUBJECT:
Title
Development Variance Permit - 1041 Wurtele Place - [PID 000-736-813, Lot 2, Section 10, Esquimalt District, Plan VIS697]End
RECOMMENDATION:
Recommendation
That Council resolves that Development Variance Permit No. DVP00055 [Appendix A] authorizing the construction in general accordance with the survey prepared by Glen Mitchell Land Surveying Inc., stamped “Received November 04, 2016”, and the pictures supplied by the owner stamped “Received November 04, 2016”, 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 PID 000-736-813, Lot 2, Section 10, Esquimalt District, Plan VIS697 [1041 Wurtele Place];
Zoning Bylaw, 1992, No. 2050, Section 38 (9)(a)(i) - Front Setback - Principal Building: A 0.8 metre decrease to the requirement that no Principal Building shall be located within 7.5 metres of the Front Lot Line [i.e. from 7.5 metres to 6.7 metres] for the western most deck.
Zoning Bylaw, 1992, No. 2050, Section 38 (9)(a)(i) - Front Setback - Principal Building: A 0.9 metre decrease to the requirement that no Principal Building shall be located within 7.5 metres of the Front Lot Line [i.e. from 7.5 metres to 6.6 metres] for the eastern most deck.
Body
RELEVANT POLICY:
Official Community Plan Bylaw, 2006, No. 2646
Zoning Bylaw, 1992, No 2050
Development Application Procedures and Fees Bylaw, 2012, No. 2791
Advisory Planning Commission Bylaw, 2012, No. 2792
STRATEGIC RELEVANCE:
This Request for Decision does not directly relate to a specific strategic objective.
BACKGROUND:
Appendices:
Appendix A: DVP00055
Appendix B: Subject property map, air photo, RD-1 zone, mail notice
Purpose of the Application:
The property owner started a renovation of two decks on the property without the benefit of a building permit. The alterations include a small increase to the size of the decks, which are now partially sited within the 7.5 metre required front setback. Therefore, a Development Variance Permit is required before a Building Permit could be issued.
Context:
Applicant/ Owner: Kennie Kwan Chee
Property Size: Metric: 1210 square metres Imperial: 13025 square feet
Existing Land Use: Two Family Residential [RD-1]
Surrounding Land Uses:
North: Single and Two Family Residential
South: Single and Two Family Residential
West: Single and Two Family Residential
East: Single and Two Family Residential
Zoning:
The Two Family Residential [RD-1] zone regulations require that no principal building be located within 7.5 metres of the front lot line. The building and decks were originally built to comply with the front lot line setback. The resized decks are located partially within the front setback by 0.8 metres for the western most deck and 0.9 metres for the eastern most deck.
ISSUES:
1. The increase to the size of the decks is quite nominal and should not unduly impact the privacy of the neighbours, while improving the usability of the decks for the owners. The requested variances are less than 25% of the minimum setbacks; therefore, this application was not referred to the Advisory Planning Commission, as per the Development Application Procedures and Fees Bylaw, 2012, No. 2791, amendment Bylaw No. 2868.
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 no sustainability and environmental implications.
5. Communication & Engagement
As this application includes a Development Variance Permit, notices were mailed to owners and occupiers of parcels within 50 metres [164 ft.] of the subject property. Notices were mailed on January 23, 2017 indicating that Council would be considering the requested Development Variance Permit on February 6, 2017. This was the second notification, as an error was found in the original notification that was mailed in December. To date, the Development Services Department has received no responses from the public as a result of either of these notifications.
ALTERNATIVES:
1. That Council resolves that Development Variance Permit No. DVP00055 [Appendix A], be approved, and staff be directed to issue the permits and register the notices on the title of the property located at PID 000-736-813, Lot 2, Section 10, Esquimalt District, Plan VIS697 [1041 Wurtele Place];
2. That Council deny Development Variance Permit No. DVP00055 [Appendix A].