TOWN OF VIEW ROYAL BOARD OF VARIANCE MEETING WEDNESDAY, NOVEMBER16, 2016 AT 7:00PM VIEW ROYAL MUNICIPAL OFFICE – COUNCIL CHAMBERS A G E N D A 1. CALL TO ORDER 2. APPROVAL OF AGENDA (motion to approve) 3. MINUTES, RECEIPT & ADOPTION OF Minutes of the Board of Variance meeting held October 12, 2016 (motion to adopt) Pg. 2-3 4. APPLICATIONS a) 55 Fenton Road ( LOT 8, SECTION 3, ESQUIMALT DISTRICT, PLAN 4922) Applicant: Mark Stitt Pg. 4-18 a) 24 Vickery Road ( LOT 5, SECTION 91, ESQUIMALT DISTRICT, PLAN 6076) Applicant: John Becker Pg. 19-34 5. CORRESPONDENCE 6. NEW BUSINESS 7. TERMINATION Next scheduled Board of Variance Meeting December 7, 2016 – @ 7:00 pm 1
Transcript
TOWN OF VIEW ROYAL
BOARD OF VARIANCE MEETING WEDNESDAY, NOVEMBER16, 2016 AT 7:00PM
VIEW ROYAL MUNICIPAL OFFICE – COUNCIL CHAMBERS
A G E N D A
1. CALL TO ORDER 2. APPROVAL OF AGENDA (motion to approve) 3. MINUTES, RECEIPT & ADOPTION OF
Minutes of the Board of Variance meeting held October 12, 2016
(motion to adopt) Pg. 2-3 4. APPLICATIONS
a) 55 Fenton Road ( LOT 8, SECTION 3, ESQUIMALT DISTRICT, PLAN 4922) Applicant: Mark Stitt Pg. 4-18
a) 24 Vickery Road ( LOT 5, SECTION 91, ESQUIMALT DISTRICT, PLAN 6076) Applicant: John Becker Pg. 19-34 5. CORRESPONDENCE 6. NEW BUSINESS 7. TERMINATION Next scheduled Board of Variance Meeting December 7, 2016 – @ 7:00 pm
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TOWN OF VIEW ROYAL
MINUTES OF THE BOARD OF VARIANCE MEETING WEDNESDAY, OCTOBER 12, 2016 AT 7:00PM
VIEW ROYAL MUNICIPAL OFFICE – COUNCIL CHAMBERS PRESENT WERE: R. Tacoma P. Devonshire PRESENT ALSO: D. Miles, Recording Secretary J. Davison, Planner G. Faykes, Building Official 5 Applicants 2 Member of the Public REGRETS: B. Anderson 1. CALL TO ORDER - The Chair called to order at 7:00pm 2. APPROVAL OF AGENDA (motion to approve) MOVED BY: P. Devonshire SECONDED: R. Tacoma
THAT the agenda be approved as presented. CARRIED 3. MINUTES, RECEIPT & ADOPTION OF
MOVED BY: P. Devonshire SECONDED: R. Tacoma THAT the minutes from September 14, 2016 be approved as presented. CARRIED
4. APPLICATIONS
a) 24 Vickery Road ( Lot 5, Section 91, Esq Dist, Plan 6076) The Planner introduced the application.
The applicant, John Becker, spoke to the application and provided some additional photos of the property.
MOVED BY: R. Tacoma SECONDED:
That the board approve the application to issue the following variance to Section 4.6 Accessory Buildings and other Structure within the General Regulations of Zoning Bylaw No. 900, 2014:
variance to permit an accessory building within the front yard
Motion dies for lack of a second.
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Minutes of the Board of Variance October 12, 2016 Page 2 MOVED BY: P. Devonshire SECONDED: R. Tacoma THAT the application be tabled until all three Board members are present.
CARRIED
b) 103 Mills Cove (Lot 6, Section 97, Esq Dist, Plan VIS5388)
The Planner introduced the application. C. Connor & D. Patterson of 109 Mills Cove spoke against the application stating that impacts the investment made in their property. The applicants’ representative A. Bisson spoke to the application stating that the owners would like a two car garage with storage to get cars of the street. In addition they would be willing to plant a hedge.
MOVED BY: R. Tacoma SECONDED: P. Devonshire
THAT the board deny the application to issue the following variances to the R-1: Detached Residential (Large Lot) zone:
variance to the side yard setback from 2m to 0.9m variance to the flanking yard setback from 4.5m to 3m.
CARRIED
5. CORRESPONDENCE 6. NEW BUSINESS 7. TERMINATION: 7: 30pm __________________________________ __________________________________ CHAIR – R. Tacoma RECORDING SECRETARY – D. Miles
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TOWN OF VIEW ROYAL BOARD OF VARIANCE REPORT
TO: Board of Variance DATE: November 9, 2016 FROM: James Davison MCIP RPP MEETING: November 16, 2016 Planner FILE NO: 3730-20-2016-10
BOARD OF VARIANCE APPLICATION NO. 2016-10 55 Fenton Place
APPLICANT REQUESTED VARIANCE: THAT the Board approve the issuance of the following variances to Section 4.6 Accessory Buildings and Other Structure within the General Regulations of Zoning Bylaw No. 900, 2014:
variance to permit an accessory building within the front yard PURPOSE OF REPORT: To provide the Board with information related to the subject Board of Variance application. BACKGROUND: RELEVANT BYLAWS / POLICIES:
Zoning Bylaw No. 900, 2014 – 4.6 Accessory Buildings and Other Structures
Board of Variance Application No. 2016/10 55 Fenton Pl Meeting Date: November 16, 2016
DISCUSSION: The purpose of the proposed variance is to permit an accessory building in the front yard. Note that the accessory building must be at least 3 metres from the principal dwelling. Note that there is a protected Garry Oak tree which must be removed as part of the variance. Typically trees within the building envelope can be removed; where the building envelope requires a variance this is not an automatic consideration. The applicant has not provided an arborist’s report indicating the health of these trees. As per Section 542 of the Local Government Act,
542 (1) On an application under section 540, the board of variance may order that a minor variance be permitted from the requirements of the applicable bylaw, or that the applicant be exempted from section 531 (1) [alteration or addition while non-conforming use continued], if the board of variance…is of the opinion that the variance or exemption does not do any of the following:
… (i) result in inappropriate development of the site; (ii) adversely affect the natural environment; (iii) substantially affect the use and enjoyment of adjacent land; (iv) vary permitted uses and densities under the applicable bylaw; (v) defeat the intent of the bylaw. If the board cannot make that determination without an arborist’s report, that the board should consider tabling the application until such a time as an arborist’s report can be obtained. Should the variance be granted, a tree removal permit is still required. The question before the board is whether the variance is minor in nature, whether it is based in hardship, and whether the removal of a protected Garry Oak tree for the siting of a building not permitted in the Zoning Bylaw would constitute an adverse effect on the natural environment. PUBLIC NOTIFICATION: A notice of the Board’s consideration of this variance application was delivered to 70 owners and occupants of properties within a radius of 100 metres (328 feet) of the subject parcel. SUBMITTED BY: ________________________________________ James Davison, MCIP RPP
Important: This map is for general information purposes only. The Capital Regional District
(CRD) makes no representations or warranties regarding the accuracy or completeness of this
map or the suitability of the map for any purpose. This map is not for navigation The CRD will
not be liable for any damage, loss or injury resulting from the use of the map or information on
the map and the map may be changed by the CRD at any time.
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55 Fenton Place - Subject Property Orthophoto
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File No.: 3730-20-2016-10
TOWN OF VIEW ROYAL
NOTICE OF PROCESSING AN APPLICATION TO
THE BOARD OF VARIANCE
RE: APPLICATION TO THE BOARD OF VARIANCE – 55 Fenton Pl
The Local Government Act provides for the establishment of a Board of Variance to consider applications by anyone alleging that enforcement of zoning requirements respecting siting, shape, or size of a building or structure would cause him or her undue hardship. The Board of Variance may authorize a minor variance from the applicable provisions of the Land Use Bylaw, provided that such a variance is considered desirable for the appropriate development of the site, does not adversely affect the natural environment, does not substantially affect the use and enjoyment of adjacent land, maintains the general intent of the Bylaw, and does not vary permitted uses or density of land. The applicant, Mart Stitt, has made application to the Board of Variance to request a variance for the property having a civic address of 55 Fenton Place and more particularly described as: LOT 8, SECTION 3, ESQUIMALT DISTRICT, PLAN VIS4992 as shown boldly outlined on the map on the reverse side of this Notice. The applicant is requesting relaxation of the following regulation contained in the Accessory Buildings and Other Structures regulation in Section 4.6.2.c within Zoning Bylaw No. 900, 2014:
Variance to permit accessory building within the front yard
The purpose of the proposed variance is to permit a detached garage in the front yard. The Board will be meeting at 7:00 pm on Wednesday, November 16, 2016 at the View Royal Town Hall (located at 45 View Royal Avenue, Victoria, BC, V9B 1A6) to consider the subject application. If you have any representations to make, the Board would be pleased to consider them at that time. If you are unable to attend the meeting, written comments may be mailed, facsimiled, emailed, or hand delivered to the Town of View Royal. Written comments must be received by 3:30 pm on Wednesday, November 16, 2016. A copy of the application and related information may be inspected at the View Royal Town Hall, Monday to Friday between the hours of 8:30am until 4:30pm from Friday November 4, 2016 until Wednesday, November 16, 2016. Please note that the Town Hall will be closed on Friday, November 11, 2016. Mail: 45 View Royal Avenue, Victoria, BC, V9B 1A6 Facsimile: 250-727-9551 E-mail: [email protected] Dated the 31st day of October, 2016. James Davison, MCIP RPP Planner
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TOWN OF VIEW ROYAL BOARD OF VARIANCE REPORT
TO: Board of Variance DATE: October 5, 2016 FROM: James Davison MCIP RPP MEETING: October 12, 2016 Planner FILE NO: 3730-20-2016-09
BOARD OF VARIANCE APPLICATION NO. 2016-09 24 Vickery Rd
APPLICANT REQUESTED VARIANCE: THAT the Board approve the issuance of the following variances to Section 4.6 Accessory Buildings and Other Structure within the General Regulations of Zoning Bylaw No. 900, 2014:
variance to permit an accessory building within the front yard PURPOSE OF REPORT: To provide the Board with information related to the subject Board of Variance application. BACKGROUND: RELEVANT BYLAWS / POLICIES:
Zoning Bylaw No. 900, 2014 – 4.6 Accessory Buildings and Other Structures
ATTACHMENTS:
Schedule 1 – Subject Property Map Schedule 2 – Subject Property Orthophoto Schedule 3 – Applicant’s Statement Schedule 4 – Contractor’s Statement Schedule 4 – Building Plans – graphvette design and drafting Schedule 5 – Letter from neighbours
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Board of Variance Application No. 2016/09 24 Vickery Rd Meeting Date: October 12, 2016
DISCUSSION: The purpose of the proposed variance is to permit an accessory building in the front yard. Note that the accessory building has been pulled back as far from the road as possible (3.4m from the property line) given the regulation that the accessory building must be at least 3 metres from the principal dwelling. The question before the board is whether the variance is minor in nature and whether it is based in hardship. PUBLIC NOTIFICATION: A notice of the Board’s consideration of this variance application was delivered to 33 owners and occupants of properties within a radius of 100 metres (328 feet) of the subject parcel. SUBMITTED BY: ________________________________________ James Davison, MCIP RPP
Planner
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Subject Property
Subject Property Map - 24 Vickery Rd
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24 Vickery Rd
Subject Property Orthophoto
ImportantThis map is for general information purposes only.The Capital Regional District (CRD) makes norepresentations or warranties regarding the accuracyor completeness of this map or the suitability of themap for any purpose. This map is not for navigation.The CRD will not be liable for any damage, loss orinjury resulting from the use of the map orinformation on the map and the map may bechanged by the CRD at any time.
RE: APPLICATION TO THE BOARD OF VARIANCE – 24 Vickery Rd The Local Government Act provides for the establishment of a Board of Variance to consider applications by anyone alleging that enforcement of zoning requirements respecting siting, shape, or size of a building or structure would cause him or her undue hardship. The Board of Variance may authorize a minor variance from the applicable provisions of the Land Use Bylaw, provided that such a variance is considered desirable for the appropriate development of the site, does not adversely affect the natural environment, does not substantially affect the use and enjoyment of adjacent land, maintains the general intent of the Bylaw, and does not vary permitted uses or density of land. The applicant, Anna Becker, has made application to the Board of Variance to request a variance for the property having a civic address of 24 Vickery Rd and more particularly described as: LOT 5, SECTION 91, ESQUIMALT DISTRICT, PLAN 6076, EXCEPT PARTS IN PLANS 14139 AND 3768 RW as shown boldly outlined on the map on the reverse side of this Notice. The applicant is requesting relaxation of the following regulation contained in the Accessory Buildings and Other Structures regulation in Section 4.6.2.c within Zoning Bylaw No. 900, 2014:
Variance to permit accessory building within the front yard
The purpose of the proposed variance is to permit a detached garage in the front yard. This application is different from the one heard at the September 2016 BOV meeting in that the accessory building has been pulled back to 3.4m from the front lot line. The Board will be meeting at 7:00 pm on Wednesday, October 12, 2016 at the View Royal Town Hall (located at 45 View Royal Avenue, Victoria, BC, V9B 1A6) to consider the subject application. If you have any representations to make, the Board would be pleased to consider them at that time. If you are unable to attend the meeting, written comments may be mailed, facsimiled, emailed, or hand delivered to the Town of View Royal. Written comments must be received by 3:30 pm on Wednesday, October 12, 2016. A copy of the application and related information may be inspected at the View Royal Town Hall, Monday to Friday between the hours of 8:30am until 4:30pm from Friday September 30, 2016 until Wednesday, October 12, 2016. Please note that the Town Hall will be closed on Monday, October 10, 2016. Mail: 45 View Royal Avenue, Victoria, BC, V9B 1A6 Facsimile: 250-727-9551 E-mail: [email protected] Dated the 26th day of September, 2016. James Davison, MCIP RPP Planner
