CITY OF VICTORIA BOARD OF VARIANCE MINUTES SEPTEMBER 24, 2015 Present: Staff: Peggy Pedersen, Chair Jaime Hall Trevor Moat Andrew Rushforth Rus Collins Duane Blewett, Senior Planning Technician Alicia Ferguson, Secretary The meeting was called to order at 12:22 pm. 1. Minutes: Meeting of September 10, 2015 Moved: Trevor Moat Seconded: Jaime Hall That the minutes of September 10, 2015, be adopted with the following proposed amendments as discussed: Page 1, after the motion for approval of the minutes, add: Jaime Hall recused himself from the meeting at 12:35 pm due to a potential conflict of interest with the proposal at 1749 Green Oaks Terrace as one of his co-worker lives near the area of the subject property and has signed the letter of objection. Page 5, before the proposal for 910 Fullerton Avenue, add: Jaime Hall returned to the meeting at 1:06 pm. Bottom of Page 3, below comments at the bottom of the page, change If the elevations of the first storey (basement) make it possible to add windows and if there are any plans to include windows. to: The elevations show no frontfacing windows in the lowest (basement) level. Are there any plans to add windows here in the future? Page 5, 7 th bullet, under Applicant comments, change to replace the word home with accessory building: The applicant recently removed a large tree from the backyard that obstructed the neighbour s view of the mountains and does not want to obstruct it again by placing his home accessory building in the corner of the lot. Page 6, under comments, after the motion to allow the variance, change Acceptable proposal as the allowable siting seems to be a fire hazard. to read as: Reasonable proposal as proximity of adjoining house leads to possible fire hazard if proposed structure is located in permitted siting area.
of Variance Minutes Page 2 of 5 2. Appeals 12:32 of Variance Appeal #00564 Step One Design, Applicant/Designer; Michael Kelly & Jennifer Morris, Owners 58 Howe Street Present Zoning: Present Use: R1-B Single Family Dwelling Single family dwelling The proposal is to remove the existing residence and construct a new single family dwelling with a secondary suite. Bylaw Requirements Relaxation Requested Section 1.2.4.a Relaxation for the maximum building height from 7.60m (24.93') to 7.80m (25.59') and relaxation for the maximum number of storeys from 2 storeys to 2.5 storeys Mike Dunsmuir (Designer); Dom Piluso (Contractor); Michael Kelly (Owner); Nancy Montgomery (Mother of Owner) were present. The Secretary read the following correspondence: Petition of support from the following notified neighbours: Bertram Cowar, 62 Howe Street (Adjoining Property Owner); David Mathers, 61 Howe Street (Adjacent Property Owner); John Veillette, 63 Howe Street (Adjacent Property Owner); Deanna Welke, 59 Howe Street (Adjacent Property Owner); Michele Bokor, 59 Wellington Avenue (Adjoining Property Owner); Lisa Gough, 53 Wellington Avenue (Adjoining Property Owner). Designer Proposal to construct a new, two-and-a-half-storey dwelling with a legal suite on the lowest floor to occupy a family member. Initial plan was to renovate the existing home; however, this plan was abandoned after the contractor identified several issues with the existing home. Some of the issues identified were low ceiling heights in the basement, non-code compliant stairs leading to the attic, knob-and-tube wiring, and old plumbing. The existing home has never had a storm drain connection. Consulted a civil engineer to determine the minimum floor elevations and to design the new service connections as well as to advise on the site service water management. The engineer identified that the site servicing mains created a servicing conflict which has limited the opportunity for a standard storm drain service. o A letter from the engineer detailing this was then distributed to the members with a site plan. A gravity drainage is not possible and a drainage sump pump is not advised. The water main is in a certain position that blocks a clear path for the storm drain in the street requiring the new connection to be installed over top of the water main thus forcing the home to be built at higher elevation. Existing home is built at the lowest elevation on the street.
of Variance Minutes Page 3 of 5 Servicing conflicts that exist are beyond the owners control preventing them to meet the zoning requirements. In consideration for the height variance being sought the roof is proposed to plane down to the main-floor walls to give the feel of an attic floor above thus bringing the midpoint of the roof down lower. Adequate clearance for the sewer. o Yes, they can go under for the sewer just not possible to go under the water main. Public portion of the meeting closed The two-and-a-half-stories arises because there is no basement, just a ground floor. As the home has to be built at a higher elevation due to the servicing conflict the lack of basement creates the number of stories issue. o Senior Planning Technician: Yes. Hardship is primarily the storm drain in the street and there seems to be no viable alternatives. Moved: Andrew Rushforth Seconded: Rus Collins That the following variances be allowed: Section 1.2.4.a Relaxation for the maximum building height from 7.60m (24.93') to 7.80m (25.59') and relaxation for the maximum number of storeys from 2 storeys to 2.5 storeys 12:51 of Variance Appeal #00563 Jack Chen, Applicant; Hartmanns Drafting & Design, Designer; Yi Tzu & Yuan Hao Chen; Owners 863/865 Villance Street Present Zoning: Present Use: R1-B - Single Family Dwelling Duplex The proposal is to construct a new bedroom and front porch for each side of the existing Duplex (two bedrooms and two porches). Bylaw Requirements Section 1.2.3.b Relaxations Requested Relaxation for the combined maximum floor area for the first and second storey from 280 square meters (3013.89 square feet) to 312.12 square meters (3358.34 square feet)
of Variance Minutes Page 4 of 5 Section 1.2.5.b Relaxation for the rear yard setback form 7.82m (25.66') to 6.36m (20.87') for the bedroom addition and 6.47m (21.23') for the front porch addition Local Government Act, RSBC Relaxation to permit a structural alteration to an existing 1996, Chapter 323, Part 26, non-conforming use (Duplex within a Single Family Dwelling Section 911(5) zone) Dan Potvin (Contractor) and Jack Chen (Applicant) were present. Senior Planning Technician: The request for relaxation of Section 1.2.3.b of the bylaw requirements for maximum floor area is no longer required because the first storey in this home has been determined to be a basement, therefore they are well below the allowable floor area. As this is a reduction in variances being sought the neighbours do not need to be re-notified and the meeting can continue. The Secretary read the following correspondence: Petition of support from the following notified neighbours: Carrol and Gordon Derksen, 860 Reed Street (Adjoining Property Owners); Deb Shepherd, 859 Villance Street (Adjoining Property Owner); Tricia Leigh Hodgson, 860 Villance Street (Adjoining Neighbour); Sylvain Lefebvre, 3163 Glasgow Street (Adjacent Neighbour); Ed Zabaluyev, 3171 Glasgow Street (Adjacent Neighbour); Christine Trueman, 3175 Glasgow Street (Adjacent Property Owner); Emma van Adrichem, 852 Reed Street (Adjoining Neighbour); Jannie Garcia, 856 Reed Street (Adjoining Property Owner). Applicant Proposal to add a bedroom as well as a front porch awning on the front stairs for weather proofing. The bedroom addition is continuing with the existing structure. Have the neighbours at 3167 Glasgow Street been advised of the proposal? o The home is for sale and currently vacant. Public portion of the meeting closed The rear yard setback is related to the unusual lot and siting of the front yard. Any structural alterations to this home will always require a variance for the existing nonconforming use. Moved: Trevor Moat Seconded: Andrew Rushforth That the following variance be allowed: Section 1.2.5.b Relaxation for the rear yard setback form 7.82m (25.66') to 6.36m (20.87') for the bed room addition and 6.47m (21.23') for the front porch addition
of Variance Minutes Page 5 of 5 Local Government Act, RSBC Relaxation to permit a structural alteration to an existing 1996, Chapter 323, Part 26, non-conforming use (Duplex within a Single Family Dwelling Section 911(5) zone). Hardship is with the dimensions of the lot and the siting of the house. The front yard is viewed as being on one street when it s apparently on another. No proposed extension of the boundaries of the house. Modest, reasonable request which will improve the property. Nothing but support from neighbours Meeting Adjourned: 1:00 pm W:\ of Variance\Minutes\Minutes 2015\BOV Minutes Sept 24 2015.doc