REQUEST FOR DECISION
DATE: March 15, 2017 Report No. DEV-17-018
TO: Laurie Hurst, Chief Administrative Officer
FROM: Karen Hay, Planner
SUBJECT:
Title
Development Variance Permit - 1036 Munro Street, PID 017-444-837, Lot A, Section 11, Esquimalt District, Plan VIP52814
End
RECOMMENDATION:
Recommendation
That Council resolves that Development Variance Permit No. DVP00058 [Appendix A] authorizing the development as shown on the plans, stamped “Received January 31, 2017”, and sited as detailed on the survey plan prepared by Powell and Associates, BCLS stamped “Received January 31, 2017”, 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 017-444-837, Lot A, Section 11, Esquimalt District, Plan VIP52814 [1036 Munro Street]:
Zoning Bylaw, 1992, No. 2050, Section 34(9)(b)(ii) - Side Setback: a 2.98 metre reduction to the required 3.6 metre side setback from an exterior side lot line [i.e. from 3.6 metres to 0.62 metres];
Zoning Bylaw, 1992, No. 2050, Section 34(9)(b)(iv) - Building Separation: a 1.1 metre reduction to the required 2.5 metre separation between a principal building and an accessory building [i.e. from 2.5 metres to 1.4 metres].
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:
Appendix A: DVP00058
Appendix B: Subject Property Map, Air Photo, RS-1 Zone, Building Photo, Mail Notice
Appendix C: Surveyor’s Site Plan, Building Plans, Applicant’s Letter
Appendix D: Public Comments and Applicant’s Petition
Purpose of the Application
The property owner started construction of an accessory building [shed] on the property without contacting the municipality to determine the correct siting for an accessory building. The construction does not require a building permit as the building is not over 10.0 square metres in area, but the building does need to be sited appropriately. The owner wishes to keep the building where it is currently located so is requesting two siting variances.
Context
Applicant: Andrew and Nancy Paine
Owners: Nancy Paine, Jonathan Paine, Susan Paine
Property Size: Metric: 590 m2 Imperial: 6351 ft2
Existing Land Use: Single Family Residence
Surrounding Land Uses:
North: Single Family Residence
South: Department of National Defence
East: Two Family Residence
West: Two Family Residence
Existing Zoning: RS-1 [Single Family Residential]
Zoning
The current location of this accessory building [shed] has it sited very close to the exterior side lot line, adjacent to Pooley Place, at 0.62 metres. The intent of the 3.6 metre exterior side setback in Zoning Bylaw, 1992, No. 2050 is to ensure there is adequate clearance for sight lines at intersections, that buildings do not crowd the sidewalk and boulevard, and also to allow room for the canopy and root systems of street trees. There is a fairly large boulevard on Pooley Place and the Parks Department staff have indicated they are not concerned with the impact on the tree in this location.
The second siting variance request is for a relaxation to the required separation between a principal building and an accessory building or structure. The building separation regulation provides for movement of goods into backyards in lots not served by a corner or lane. It also provides for some aesthetic value allowing light penetration between buildings, and avoiding the appearance of a solid wall of building presented to the street.
Comments from the Advisory Planning Commission [APC]
This application was considered at the regular meeting of the APC held on February 21, 2017. The APC members comments were mixed; some supportive, others concerned about the look of the building in this location. The APC passed the following motion:
That the Esquimalt Advisory Planning Commission recommends to Council that the application for a Development Variance Permit authorizing the construction of an accessory building as shown on the plans stamped “Received January 31, 2017”, and sited as detailed on the survey plans prepared by Powell and Associates, BCLS stamped “Received January 31, 2017 and including the following relaxations to Zoning Bylaw, 1992, No. 2050, for the development located at PID 017-444-837, Lot A, Section 11, Esquimalt District Plan VIP52814 [1036 Munro Street], be forwarded to Council with a recommendation of approval; as the variances requested are reasonable and sight lines are not obstructed.
Zoning Bylaw, 1992, No. 2050, Section 34(9)(b)(ii) - Side Setback: a 2.98 metre reduction to the required 3.6 metre side setback from an exterior side lot line [i.e. from 3.6 metres to 0.62 metres];
Zoning Bylaw, 1992, No. 2050, Section 34(9)(b)(iv) - Building Separation: a 1.1 metre reduction to the required 2.5 metre separation between a principal building and an accessory building [i.e. from 2.5 metres to 1.4 metres].
ISSUES:
1. Rationale for Selected Option
The Advisory Planning Commission recommended approval. The subject accessory building is located close to the exterior side lot line but due to the relatively large boulevard does not impact intersection sightlines, or the sidewalk in this location. At this time, the neighbours have not expressed any concerns with the requested variances. The applicant has provided a petition of neighbours who support the location.
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
The addition of a small shed on this property has little sustainability or 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 March 6, 2017 indicating that Council would be considering the requested Development Variance Permit on March 20, 2017. To date, the Development Services Department has received one comment supporting the application as a result of the notification.
ALTERNATIVES:
1. That Council resolves that Development Variance Permit No. DVP00058 [Appendix A] be approved, and staff be directed to issue the permit and register the notice on the title of the property located at PID 017-444-837, Lot A, Section 11, Esquimalt District, Plan VIP52814 [1036 Munro Street].
2. That Council deny Development Variance Permit No. DVP00058.