File #: 19-075    Version: 1 Name:
Type: Staff Report Status: Passed
File created: 2/13/2019 In control: Council
On agenda: 2/25/2019 Final action: 2/25/2019
Title: Development Variance Permit - 404 Constance Avenue
Attachments: 1. Appendix A- DVP00080, 2. Appendix B - Air Photo, Mail Notice, RS-3 Zone, 3. Appendix C - Site Photos and B.C Land Surveyor's Site Plan
REQUEST FOR DECISION

DATE: February 13, 2019 Report No. DEV-19-013
TO: Laurie Hurst, Chief Administrative Officer
FROM: Janany Nagulan, Planner & Bill Brown, Development Services Director
SUBJECT:

Title
Development Variance Permit - 404 Constance Avenue
End

RECOMMENDATION:

Recommendation
That Council resolves that Development Variance Permit No. DVP00080 [Appendix A] legitimizing the existing fence as sited on Site Plan prepared by Brad Cunnin, Land Surveyor Inc., stamped "Received June 12, 2018", and as shown in photographs provided, stamped "Received September 10, 2018", and to include the following variance to the Zoning Bylaw, 1992, No. 2050, for the property located at 404 Constance Avenue [PID: 000-006-734, Lot B, Suburban Lot 51, Esquimalt District, Plan 36976], be approved, and staff be directed to issue the permit and register the notice on the title of the property:

Zoning Bylaw, 1992, No.2050, Section 36(10) - Fencing - A 0.65 increase to the requirement that the Height of a Fence within 7.5 metres of a Highway adjoining the front yard shall not exceed 1.2 metres. [i.e. from 1.2 metres to 1.85 metres]
Body

RELEVANT POLICY:

Official Community Plan Bylaw, 2018, No. 2922
Zoning Bylaw, 1992, No. 2050
Sign Regulation Bylaw, 1996, No. 2252
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: DVP00080
Appendix B: Air Photo, Mail Notice, RS-3 Zone
Appendix C: Site Photos and B.C Land Surveyor's Site Plan

Purpose of the Application
The applicant is seeking to legitimize their existing non-conforming fence which is currently over the maximum 1.2 metres height. The Development Variance Permit would only be applicable to those sections of the fence that are on the applicant's property.

Context
Applicant/Owner: Timothy Munro & Vanessa Pattison
Pr...

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