File #: 19-447    Version: 1 Name:
Type: Staff Report Status: Passed
File created: 9/24/2019 In control: Council
On agenda: 9/30/2019 Final action: 9/30/2019
Title: Height and setback variances for a proposed three-lot residential subdivision at 455 Sturdee Street [Appendix A]
Attachments: 1. Appendix A - Key Map, 2. Appendix B - DVP000094 - 455 Sturdee Street with Appendices, 3. Appendix C - Strata Plan EPS5951, 4. Appendix D - Ryzuk Tsunami Report, 5. Appendix E - 455 Sturdee St DVP Notice

REQUEST FOR DECISION

 

DATE:                       September 24, 2019                     Report No. DEV-19-086

TO:                       Laurie Hurst, Chief Administrative Officer                                           

FROM:                      Bill Brown, Director of Development Services

SUBJECT:

 

Title

Height and setback variances for a proposed three-lot residential subdivision at 455 Sturdee Street [Appendix A]

End

 

RECOMMENDATION:

 

Recommendation

That Council resolves that Development Variance Permit No. DVP00094 [Appendix B] allowing for Strata Lot Specific Variances associated with Proposed Strata Lots “B” and “C” for Strata Plan EPS5951 as prepared by Powell & Associates B.C. Land Surveyors, [Appendix C] including the following variances be approved, and staff directed to issue a permit and register the notice on the relevant title(s) at the time of registration.

 

For proposed Strata Lots “B” and “C”, Strata Plan EPS5951:

Zoning Bylaw, 1992, No. 2050, Section 36 (6)(a) -Building Height - Principal Building - that the Building Height of the Principal Buildings be varied from a maximum Height for 7.3 metres to a maximum height of 16.3 metres geodetic (7.3 metres + 9.0 metres Tusnami Hazard Zone) as measured from the 9.0 m geodetic elevation. 

 

For Proposed Lot “B” only, Strata Plan EPS5951:

Zoning Bylaw, 1992, No. 2050, Section 36 (9)(a)(i) - Siting Requirements - Principal Building - Front Setback: a 3.9  metre reduction from 7.5 metres to 3.6  metres.

 

For Proposed Lot “C” only, for Strata Plan EPS5951

Zoning Bylaw, 1992, No. 2050, Section 36 (9)(a)(iii) - Siting Requirements - Principal Building - Rear Setback: a 6.0 metre reduction from 7.5 metres to 1.5 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:

 

The proposed variances are not associated with any strategic priorities or goals.

 

BACKGROUND:

 

Appendix A: Key Plan

Appendix B: DP000125

Appendix C: Strata Plan EPS5951

Appendix D: Ryzuk Report

Appendix E: Statutory notice to owners and occupiers within 50 m of the subject site.

 

Purpose of Application

 

The proposed three residential lots conform to the Single-Family Waterfront Residential [R-3] zone in terms of minimum area and minimum lot width.  However, in order to allow for the efficient development, three variances are proposed: 

 

First, height variances will be required for proposed Strata Lots B and C.  This is because the Height is measured from Grade which is defined in the Zoning Bylaw as:

 

the average of the existing ground (as determined by a BC Land

Surveyor) of those points of a polygon having the shortest perimeter that will

encompass the outermost walls of a building or structure, provided that localized

depressions such as vehicle or pedestrian entrances need not be considered in

the determination of the average of existing ground.

 

The Maximum Height in the Single Family Waterfront Residential [RS-3] Zone for a Principal Building is 7.3 metres.  Due to the sloping nature of the site and the fact that there can be no habitable space below 9.0 metres geodetic due to the risk of Tsunamis (See Ryzuk Report in Appendix “D”), the height restriction would constrain the type of dwelling that could be built on Proposed Strata Lots B and C.  By establishing a maximum Building Height of 16.3 metres based on setting grade at 9.0 metres and then allowing a Building Height of 7.3 metres, the development potential of the properties are maintained.  It should be noted that the 9.0 m geodetic elevation is the same elevation as the strata access road, so the relationship between the floor level elevation of the dwelling unit and the street level elevation will read as a typical street, although much narrower.

 

Second, the proposed reduction of the Front Yard Setback for proposed Lot B from 7.5 metres to 3.6 metres (See Appendix “A” in the Development Variance Permit attached as Appendix “B” to this report) has a number of advantages.

 

a)                     It allows the building to be moved forward on the lot thereby reducing the portion of the foundation that would have to be built below the 9.0 metre Tsunami elevation. 

b)                     It allows the building to be moved forward on the lot thereby creating a greater setback from the shoreline.

c)                     It allows the building to be moved forward on the lot thereby improving the view cones on adjacent properties.

d)                     It allows the building to be moved forward on the lot thereby creating a consistent setback along the Common Property Access Road.

 

Third, the proposed reduction of the Rear Yard Setback for proposed Lot C (see Appendix “A” in the Development Variance Permit attached as Appendix “B” to this report) is a result of how Front Lot Line is defined in the Zoning Bylaw:

 

"Lot Line, Front" means the Lot Line(s) common to the Parcel and an abutting

Highway or Access Route, but: [Amendment, 2018, Bylaw No. 2938]

 

(1) Where a Parcel has Lot Lines abutting two or more Highways, or Access

Routes, the Lot Line (or combined Lot Lines abutting one Highway) having

the shorter length abutting a Highway or Access Route is the Front Lot Line;

 

Although based on the site layout, the front lot line would intuitively be along the Common Property Access Road similar to proposed Strata Lot B, by definition it is along the undeveloped portion of Sturdee Street.  The rear yard is opposite the Front Yard although in this situation the Rear Yard functions as a Side Yard when reviewed in the context of proposed Lot B.  Treating it as a Side Yard allows for a more practical building envelope and has no significant impacts on any adjacent properties.

 

Context

 

Applicant:                                                                                                         Aaron Flaig

Owner:                                                                                                         Darrel Russell Brown

Property Size:                                                                                      Proposed Park Area = 115.9 m2

                                                                                                                              Proposed Strata Lot A = 619.8 m2

                                                                                                                              Proposed Strata Lot B = 687.3 m2

                                                                                                                              Proposed Strata Lot C = 767.1 m2

                                                                                                                              Common Property Access = 293.6 m2

                                                                                                                              Total Area = 2483.7 m2                                              

Existing Land Use:                                                                                     Vacant Residential

Surrounding Land Uses:

North:                                                                                                            Single detached residential dwelling

South:                                                                                                           Straight of Juan de Fuca

West:                                                                                                                              Single detached residential dwelling

East:                     Single detached residential dwelling and two-unit dwelling

OCP Proposed Land Use Designation:                     Low density residential [No change required]

Zoning:                     Single Family Waterfront Residential [RS-3] [No change required]

 

Timeline

Application Received on August 16, 2019 and presented to the Advisory Planning Commission on August 20, 2019.

 

Official Community Plan

 

The Official Community Plan requires that any subdivision application within the Hazardous Conditions Development Permit Area requires a Development Permit for the Protection of Development from Hazardous Conditions.  As described in Section 19.3 of the Official Community Plan,

 

The Township is located in one of the most seismically active areas in Canada.  As such, it is imperative that land use and development decisions take into consideration the potential dangers associated with tsunamis.  A tsunami is a series of long surge-like waves and is usually caused by an underwater earthquake, landslide, or volcanic eruption. The most dangerous tsunami threat in the Capital Region will follow a major earthquake in the Cascadia subduction zone (CSZ), located about 100 km off Vancouver Island. Such an earthquake will cause ground shaking lasting between one and four minutes and will result in significant damage throughout the region (https://www.crd.bc.ca/about/news/ article/2013/04/19/ modelling-tsunami).  These guidelines are justified based on the thousands of people across the globe that have been killed due to tsunamis.

 

Comments from Other Departments

 

The subdivision application has been circulated both internally and externally. 

 

-                     The Engineering Department has been overseeing site servicing. 

-                     The Parks Department has been overseeing tree removal and retention. 

-                     The Fire Department has reviewed the proposed subdivision and had no concerns.

 

Recommendations from the Advisory Planning Commission

 

At their August 20, 2019, meeting, the Advisory Planning Commission made the following recommendations: 

 

1)                     That the application for a Development Variance Permit allowing for the future construction of two detached dwellings on Proposed Strata Lots “B” and “C” for Strata Plan EPS5951 as prepared by Powell & Associates B.C. Land Surveyors and stamped “Received August 14, 2019”, including the following variance be forwarded to Council with a recommendation to approve as the 9 metres is the Tusnami Hazard Zone and without it there is a high risk that the  area would be insufficient for a reasonable size home. 

 

Zoning Bylaw, 1992, No. 2050, Section 36 (6)(a) - Building Height - Principal Building - that the Building Height of the Principal Buildings be varied from a maximum Height for 7.3 metres to a maximum height of 16.3 metres geodetic (7.3 metres + 9.0 metres Tusnami Hazard Zone). 

 

2)                     That the application for a Development Variance Permit allowing for the future construction of a detached dwelling on Proposed Lot “B”, Strata Plan EPS5951 as prepared by Powell & Associates B.C. Land Surveyors and stamped “Received August 14, 2019”, including the following variance be forwarded to Council with a recommendation to approve, as the setback decreases the impact of the building on the waterfront.   

 

Zoning Bylaw, 1992, No. 2050, Section 36 (9)(a)(i) - Siting Requirements - Principal Building - Front Setback: a 3.9  metre reduction from 7.5 metres to 3.6  metres. 

 

3)                     That the application for a Development Variance Permit allowing for the future construction of a detached dwelling on Proposed Strata Lot “C”, Strata Plan EPS5951 as prepared by Powell & Associates B.C. Land Surveyors and stamped “Received August 14, 2019”, including the following variances be forwarded to Council with a recommendation to approve as the variance is internal to the site and adequate amenity space is provided. 

 

Zoning Bylaw, 1992, No. 2050, Section 36 (9)(a)(iii) - Siting Requirements - Principal Building - Rear Setback: a 6.0 metre reduction from 7.5 metres to 1.5 metres. 

 

 

ISSUES: 

 

1.  Rationale for Selected Option

 

The proposed variances allow for a more efficient development of the proposed three-lot subdivision.

 

2.  Organizational Implications

 

There are no significant organizational implications.

 

3.  Financial Implications

 

There are no significant financial implications.

 

4.  Sustainability & Environmental Implications

 

The proposed variances will contribute to a moderate increase in density and more energy efficient homes within the subdivision.

 

5.  Communication & Engagement 

As per the requirements of the Local Government Act, notices were sent to each owner and occupant of property within 50 m of the subject site.

 

ALTERNATIVES:

 

1)                     Approve the proposed variances as recommended.

2)                     Approve only specific proposed variances.

3)                     Deny all proposed variances.