REQUEST FOR DECISION
DATE: November 25, 2020 Report No. DEV-20-081
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 Application - 445 Foster Street
End
RECOMMENDATION:
Recommendation
1. That Council approve Development No. DP000151 attached as Appendix A to staff Report No. DEV-20-081, authorizing the addition to an accessory building as illustrated on the architectural drawings by Samantha Weeks Design Group, stamped “Received October 19, 2020”, and staff be directed to issue the permit, and register the notice on the title of the property located at PID 002-705-141, Lot 3 Suburban Lot 47 Esquimalt District Plan 25909 [445 Foster Street].
2. That Council approve Development Variance Permit No. DVP00111 attached as Appendix B to Staff Report No. DEV-20-081, including the following variances to Zoning Bylaw, 1992, No. 2050, as illustrated on the architectural drawings by Samantha Weeks Design Group, stamped “Received October 19, 2020”, and staff be directed to issue the permit and register the notice on the titles of the property located at PID 002-705-141, Lot 3 Suburban Lot 47 Esquimalt District Plan 25909 [445 Foster Street]:
Zoning Bylaw, 1992, No. 2050, 36 (6)(b) - Building Height: to increase the maximum allowed Height for an Accessory Building from 3.6 metres to 7.46 metres.
Body
RELEVANT POLICY:
Declaration of Climate Emergency
Official Community Plan Bylaw, 2018, No. 2922
Zoning Bylaw, 1992, No 2050
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
Local Government Act
STRATEGIC RELEVANCE:
Healthy, Livable and Diverse Community: Support community growth, housing, and development consistent with our Official Community Plan. .
BACKGROUND:
Appendix A: DP000151
Appendix B: DVP00111
Appendix C: Aerial Map, RS-3 Zone, DPA No.2, and Mail Notice
Appendix D: Architectural Drawings and Surveyor’s Site Plan
Appendix E: Applicant’s comments regarding DPA No. 2: Protection of Development from Hazardous Conditions
Chronology:
October 19, 2020 - Development Permit and Development Variance Permit Application Received
November 17, 2020 - Development Permit and Development Variance Permit Application presented to the Advisory Planning Commission
PURPOSE OF APPLICATION:
The two applications are for the addition of a second storey to an existing accessory building. As the subject property is located within a tsunami zone, a development permit is necessary to ensure compliance with the development guidelines in Development Permit Area No. 2 - “Protection of Development from Hazardous Conditions”. In addition, a development variance permit is required because the applicant is requesting a variance to the allowed height of an accessory building. Specifically, the applicant is requesting an increase to the maximum height of an accessory building from the allowed 3.6 metres to 7.46 metres.
CONTEXT:
Applicant: Samantha Weeks Design Group Inc. [Samantha Weeks]
Owner: Paul Christopher Dixon and Dalyce Dean Dixon
Designer: Samantha Weeks Design Group Inc. [Samantha Weeks]
Property Size: Metric: 1433 m2 Imperial: 15425 ft2
OCP Land Use Designation: Low Density Residential
Zone: RS-3
Existing Land Use: Single-Family Residential
Surrounding Land Uses:
North: Single-Family Residential
East: Single-Family Residential
West: Single-Family Residential
OCP ANALYSIS:
As the subject property is in Development Permit Area No. 2 - Protection of Development from Hazardous Conditions, a Development Permit is required.
ZONING ANALYSIS:
The current zoning on the subject property is RS-3 to accommodate Single Family Residential use. According to the RS-3 zone, the maximum Accessory Building height is 3.6 metres. The applicant is seeking a variance to allow for a maximum height of 7.46 metres.
COMMENTS FROM THE ADVISORY PLANNING COMMISSION:
This application was considered at the regular meeting of the Advisory Planning Commission held on November 17, 2020. Members had concerns regarding the use of the proposed space as additional residential accommodation and the possibility of its conversion to a residential dwelling unit in the future. The applicant stated that it will be used solely for flex space. Members also had concerns that it would shade the adjacent properties as the proposed addition to the accessory building is much taller than what is currently allowed. The commission did like the complementary roof line of the accessory building.
The Advisory Planning Commission resolved unanimously that the application be forwarded to Council with a recommendation of approval as the proposed addition will not encumber the adjacent properties.
COMMENTS FROM OTHER DEPARTMENTS:
Community Safety Services (Building Inspection):
The building is to be constructed to requirements of BC Building Code 2018 and municipal bylaws. Plans will be reviewed for compliance with BC Building Code upon submission of a building permit application.
Engineering Services:
Engineering staff has no concerns with this application.
Parks:
Parks staff has no concerns with this application.
Fire Services:
Fire Services staff recommends the installation of carbon monoxide and smoke alarm in the flex space.
ISSUES:
1. Rationale for Selected Option
As the accessory building is sited in the front, the amount of overlook onto neighbouring properties’ private yard areas is not as prominent. Moreover, the Advisory Planning Commission recommended approval of the variance. To date, there has been no public input against the proposed variance.
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 minimal sustainability and environmental implications.
5. Communication & Engagement
As this application includes a Development Variance Permit application, notices were mailed to tenants and owners of properties within 50 metres of the subject property.
Notices were mailed out on November 25, 2020 indicating that Council would be considering the requested Development Variance Permit on December 7, 2020. To date, the Development Services Department has not received any public input regarding this variance.
ALTERNATIVES:
1. That Council approves Development Permit No. DP000151 and Development Variance Permit No. DVP00111 and staff be directed to issue the permits and register the notices on the title of the property.
2. That Council denies Development Permit No. DP000151 [Appendix A] and Development Variance Permit No. DVP00111 [Appendix B] with reasons.