REQUEST FOR DECISION
MEETING DATE: June 16, 2026 Report No. APC-26-013
TO: Advisory Planning Commission
FROM: Kirsten Dafoe, Planner II and Bill Brown, Director of Development Services
SUBJECT: Development Variance Permit Application - 322 Plaskett Place
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 previously unpermitted accessory building at 322 Plaskett Place, with the variances outlined in the “Purpose of Application” section of staff report no. APC-26-013, including reasons for the recommendation.
Body
EXECUTIVE SUMMARY:
An accessory building comprising of stairs and deck landings accessing the shore was constructed at 322 Plaskett Place between 2023 and 2025 without appropriate approvals in place. To authorize the siting of the previously unpermitted structure, variances to the Zoning Bylaw, 1992, No. 2050 are required, as outlined in the “Purpose of Application” section of this report. The variances are requested to reduce the minimum required side, rear, and waterfront setbacks.
If the development variance permit is approved for the above variances, staff could then proceed with the delegated approval process for the associated development permit. If the development variance permit is not approved, the portions of the structure within required setbacks would need to be removed.
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:
An accessory building comprising of stairs and deck landings accessing the shore was constructed at 322 Plaskett Place between 2023 and 2025 without appropriate approvals in place. The applicant proposes to authorize the previously unpermitted structure. To facilitate this, the following variances to the Zoning Bylaw, 1992, No. 2050 are requested:
• Section 36(9)(b)(ii) - Accessory Building Side Setback: to reduce the minimum required Side Setback from 1.5m to 0.04m.
• Section 36(9)(b)(iii) - Accessory Building Rear Setback: to reduce the minimum required Rear Setback from 1.5m to 0.2m.
• Section 36(9)(b)(iv) - Accessory Building Waterfront Setback: to reduce the minimum required Waterfront Setback from 4.5m to 0.2m.
If the development variance permit no. DVP00185 is approved for the above variances, staff could then proceed with the delegated approval process for the associated development permit (DP000273). If development variance permit no. DVP00185 is not approved, the portions of the previously unpermitted structure located within required setbacks would be required to be removed.
Application Timeline:
April 24, 2026 - Application submitted
Context:
Applicant: Duane Ensing, Innovate Design Collective
Owner: Suzanne Smith
Lot Area: 2,608m2
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: Single-Family Residential
East: Single-Family Residential
West: Strait of Juan de Fuca
Zone Designation: Single Family Waterfront Residential [RS-3]
Referral Comments:
The proposed development was circulated to Building Inspection, Engineering Services, Fire, and Parks. No issues were identified by Building Inspection, Engineering Services, or Fire. At the time of writing, no comments from Parks have been received.
ANALYSIS:
OCP Analysis:
The existing single-family dwelling is consistent with the Official Community Plan’s Low Density Residential Land Use Designation.
Part 17 Development Permit Areas provides guidelines that will be considered by staff for the development permit application associated with the requested variances. Development permits associated with properties developed as 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.
• Ensure that shoreline modifications do not result in a net loss if ecological functions. Incorporate measures to protect ecological shoreline functions and ecosystem-wide processes. Plan for the enhancement of impaired ecological functions
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 stairs and landing structure described in this report is an accessory building per the Zoning Bylaw. The bylaw defines accessory building, in part, as a “building or structure located on the same parcel as the principal building yet subordinate in area and extent, and whose purpose is customarily incidental to the principal building.”
OPTIONS:
1. That the Commission recommend that Council approve the Development Variance Permit application to authorize the siting for the previously unpermitted accessory building at 322 Plaskett Place, with the variances outlined in the “Purpose of Application” section of staff report no. APC-26-013, 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 previously unpermitted accessory building at 322 Plaskett Place, with the variances outlined in the “Purpose of Application” section of staff report no. APC-26-013, including reasons for the recommendation.
3. That the Commission recommend that Council deny the Development Variance Permit application to authorize the siting for the previously unpermitted accessory building at 322 Plaskett Place, with the variances outlined in the “Purpose of Application” section of staff report no. APC-26-013, including reasons for the recommendation.
COUNCIL PRIORITY:
Climate Resilience & Environmental Stewardship
Housing
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 Letter
3. Appendix C - BCLS Site Survey Plan
4. Appendix D - Environmental Review Report
5. Appendix E - Applicant’s Presentation