REQUEST FOR DECISION
DATE: May 26, 2020 Report No. DEV-20-026
TO: Laurie Hurst, Chief Administrative Officer
FROM: Alex Tang, Planner and Bill Brown, Director of Development Services
SUBJECT:
Title
Development Variance Permit Application - 1336 Wood Street (Lot 58).
End
RECOMMENDATION:
Recommendation
That Council approves Development Variance Permit No. DVP00100 [Appendix A] including the following variances to Zoning Bylaw, 1992, No.2050, and staff be directed to issue the permit and register the notice on the title of the property located at PID 006-375-294, Lot 58, Suburban Lot 37, Esquimalt District, Plan 2854 [western lot at 1336 Wood Street]:
Zoning Bylaw, 1992, No. 2050, Section 34 (9)(a)(ii) - Side Setback: to reduce the total Setback of all Side Yards not less than 3 metres instead of the currently required 4.5 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:
This Request for Decision does not directly relate to a specific strategic objective.
BACKGROUND:
Appendix A: DVP00100
Appendix B: Aerial Map and RS-1 Zone
Appendix C: Architectural Drawings and Surveyor’s Site Plan
Appendix D: Green Building Checklist
Purpose of Application:
The applicant is requesting a variance to accompany a single family dwelling to be constructed on a parcel that is 30’ by 100’ [9.14 metres by 30.48 metres]. Because of the narrow dimensions of the parcel, the applicant would like a decreased side setback in order to increase the width of the proposed Principal Building.
To clarify, this application is only for a development variance permit as a development permit is not required.
Applicant: MJM Architect, Inc. [Mike Moody]
Owners: Jason Gabriel Wenaus and Nicole Lynn Cook
Property Size: Metric: 279 m2 Imperial: 3000 ft2
Existing Land Use: Single Family Residential
Surrounding Land Uses:
North: Multiple Family Residential Apartments
South: Single Family Residential
West: Single Family Residential
East: Single Family Residential
Existing Zoning: RM-1 [Multiple Family Residential]
Official Community Plan
Although the subject property is located within Development Permit Areas No. 1, 6, 7 and 8, single detached dwellings are exempt from development permits.
Zoning
The current zoning of the subject property is RM-1 to accommodate townhouse residential use. As per Zoning Bylaw, 1992, No. 2050, 11(3), land in the RM zones may be used for Single Family and Two Family residential use. In addition, buildings with these uses shall be developed in accordance with the density, siting, size and dimension regulations in the lowest numbered Zone in which that Use is permitted. In this case, the RS-1 zone is the lowest numbered zone that allows Single Family Residential use; furthermore, the regulations within the RS-1 zone govern this proposed development.
According to the RS-1 zone, the minimum total setback of all side yards for the Principal Building shall be not less than 4.5 metres. The applicant is proposing a side setback of 1.5 metres for each side, equating to a sum of 3 metres.
Comments from the Advisory Planning Commission
This application was considered at the regular meeting of the Advisory Planning Commission held on May 19, 2020. Members thought that the reduced setback was appropriate and the proposed house would be a good fit for the neighbourhood.
The Advisory Planning Commission resolved that the application be forwarded to Council with a recommendation of approval as the proposal is appropriate considering the small lot and granting variances to the side yard setback would make it easier to create livable housing.
Comments from Other Departments
The plans for this proposal were circulated to the other departments and the following comments were received:
Community Safety Services: Building to be constructed to requirements of BC Building Code and municipal bylaws. Plans will be reviewed for compliance with BC Building Code upon submission of a Building Permit application.
Engineering Services: Engineering staff state that the proposed variance does not have an impact on the engineering aspects of Lot 58.
Parks Services: Parks staff have completed a preliminary review of the proposed on-site and off-site landscaping and commented that a tree cutting permit application is required for all trees to be removed. All trees that are to be retained, including boulevard trees, must have tree protection fencing erected at the drip line.
Fire Services: Fire Services staff have completed a preliminary review of the proposed plans and has concerns with the lack of windows in the media room. If the media room is to be converted into a bedroom, it would lack the necessary secondary means of escape.
ISSUES:
1. Rationale for Selected Option
The variance is appropriate for the small lot considering the proposed house conforms to the zoning bylaw’s prescribed height, density, lot coverage and all other aspects. In addition, the Advisory Planning Commission recommended approval as they also considered the variance appropriate.
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 applicant has completed the Esquimalt Green Building Checklist [Appendix D].
5. Communication & Engagement
As this is a Development Variance Permit application, notices were mailed to owners and tenants of properties within 50 metres (164 ft) of the subject property. Notices were mailed out on May 20, 2020. To date, the Development Services Department has received no responses as a result of these notifications.
ALTERNATIVES:
1. That Council approves Development Variance Permit No. DVP00100 [Appendix A], and staff be directed to issue the permit and register the notice on the title of the property.
2. That Council denies Development Variance Permit No. DVP00100 [Appendix A] with reasons.