Municipality of North Cowichan Community Planning Advisory Committee Agenda

Municipality of North Cowichan Community Planning Advisory Committee Agenda Date: Monday, May 6, 13 Time: 1:3 pm Location: Municipal Hall - Committee Room Pages 1. Call to Order. Approval of Agenda 3. Adoption of Minutes 3-5 4. Business 4.1 Development Permit Amendment - 9765 Chemainus Road 6-1 Recommendation: That Council approve the proposed amendments to Development Permit No. 9.1/ PL DP7 as per the attached Schedules No. 1 and No.. 4. Development Variance Permit - 337 347 Westhill Place 11-15 Recommendation: That Council: 1. Issue a Development Variance Permit for a side yard variance from 3.m to.4m for an existing accessory building / garage, and from 3.m to m for the existing deck, subject to the construction of a solid fence, minimum 1.5m (5 ft.) in height from a point no less than 3.m west of the existing modular home to appoint no less than 3.m east of the existing accessory building/garage.. Following issuance of the DVP, Direct the owner to submit an application for a building permit to regularize the two existing structures. 3. Following issuance of an occupancy permit for the garage, direct the owner to submit an application for a Home Based Business License for the existing Automotive Repair business. 4.3 Building Permit Statistics - April 13 16-18 1

5. New Business 6. Adjournment

Municipality of North Cowichan Community Planning Advisory Committee Minutes Date: Time: Location: Members Present : Members Absent: Staff Present: Others Present: April 8, 13 1:3 pm Municipal Hall - Committee Room Mayor Jon Lefebure James Cosh Peggy Bran Councillor Barb Lines Darlene Taylor Bob Greene Councillor Ruth Hartmann Councillor Kate Marsh Councillor John Koury Scott Mack David Conway, Assistant Municipal Engineer Dave Devana, Chief Administrative Officer (CAO) Brigid Reynolds, Planner Dave Pady, Planner Dan Gellein, Building Inspector Bruce Dussault, Proponent/Property Owner Bruce Muir, Proponent 1. Call to Order There being a quorum present, the Chair called the meeting to order at 1:3 pm.. Approval of Agenda The Committee approved the agenda as circulated. 3. Adoption of Minutes The Committee adopted its March 11, 13 meeting minutes. 4. Business 4.1. Development Variance Permit Heat Pump 1143 Island View Close The Committee reviewed Planner Pady's April 8, 13 report and discussed the issues related to heat pump locations in general and for this application specifically. The Committee supported the staff recommendation to deny the Page 1 3

development variance permit application for 1143 Island View Close (File PL DVP3). Recommendation: That the Community Planning Advisory Committee recommend that Council deny the variance application. 4.. Agricultural Land Reserve (ALR) Exclusion/Inclusion Applications Municipality of North Cowichan The Committee reviewed Planner Reynolds April 5, 13 report and supported the exclusion/inclusion applications for two municipally owned lots in the Beverly Street neighbourhood (File PL65). Recommendation: That the Community Planning Advisory Committee recommend that Council support the applications to the Agricultural Land Commission to exclude 1.78 ha (4.4 ac) of Lot 3, Section 19, Range 7, Quamichan District, Plan 3979 and include 3.6 ha (8.5 ac) of land, legally described as Part of Remainder Section 19, Range 7, Quamichan District, into the Agricultural Land Reserve subject to the contribution of $5, to the Municipal Agricultural Reserve Fund. 4.3. Agricultural Land Reserve (ALR) Exclusion/Inclusion Applications - Fun Pacific The Committee reviewed Planner Reynolds April 5, 13 report and supported the exclusion/inclusion and subdivision applications for two properties: Beverly Street and North Road (File PL164). Recommendation: That the Community Planning Advisory Committee recommend that Council support: 1. The applications to the Agricultural Land Commission to exclude a 3.57 ha (8.8 ac) portion of Lot 1, Section 19, Range 7, Quamichan District, Plan 9384 from the Agricultural Land Reserve, and to include a 17.63 ha (43.56 ac) portion of Lot 1, Section 5, Range, Somenos District, Plan VIP6356, into the Agricultural Land Reserve, subject to: a. A $5, contribution to the Municipal Agricultural Reserve Fund; b. Transfer of the dike right-of-way and lands north of the dike (1.95 ha or 4.8 acres) to the Municipality for the purposes of consolidation with existing adjacent municipally-owned ALR lands; and,. The proposed 9-lot subdivision of Lot 1, Section 5, Range, Somenos District, Plan VIP6356 as per the attached Map 4 subject to confirmation at the time of application for subdivision that the proposed layout meets all municipal zoning and bylaw requirements to the satisfaction of the Approving Officer. 4.4. Building Permit Statistics - March 13 The Committee reviewed the March 13 building permit statistics. Page 4

5. Adjournment The meeting ended at 3:3 pm. Chair Recording Secretary Page 3 5

Report Date May, 13 File: PL DP7/ DP9.1 To Council - Regular From Brigid Reynolds, Planner Endorsed: Subject Development Permit Amendment - 9765 Chemainus Road Purpose To present to Council a proposed amendment to an existing Development Permit (DP) 9.1 for planned exterior upgrades to an existing mixed use commercial/residential building at 9765 Chemainus Road. Background The subject property is zoned C and is a level lot that is 69 m (747ft) in size. The existing building contains retail, restaurant and storage uses on the ground and main floors and four residential apartments on the top floor. The adjacent and surrounding properties are all zoned commercial. Development Permit No. 9.1 approved the redevelopment of the existing building and varied the parking requirements of the Zoning Bylaw. The original renovation was to convert two apartments into four apartments, redevelop the front and rear exteriors of the building, and formalize the parking lot at the rear of the building. While some of this work has commenced and/or been completed, none of the exterior improvements have yet been addressed. The proponent would like to modify the proposed front and rear exterior improvements to the building. This amendment application requires Council approval due to the fact that the original Development Permit (with variances to the parking requirements) was approved by Council, and legislation requires that any subsequent amendment or extension to that permit must also be considered by Council. Discussion Form and Character The proposed modifications to the original Development Permit are minor in nature and include extending the roof line across the whole building, eliminating the rear decks and changing the materials. The proposed renovation of the front and rear exteriors of the building include rear decks and front balconies for the four residential units. The front balconies have patio doors and are covered with peaked roofs. These features together with the use of wood trim and replacement of the signs with new pedestrian oriented signs will add character to the building and enhance this stretch of Chemainus Road. One of the conditions of the original Development Permit was that prior to the issuance of the Building Permit that the proponent pay cash in lieu of parking for two stalls, as well as providing a landscape bond of $944.5. These conditions have been met. 73 Trans Canada Highway, Box 78, Duncan, BC V9L 3X4 Ph 5-746-31 Fax 5-746-3133 www.northcowichan.ca 6

Page In addition, as a condition of the parking variances nine bike parking stalls (covered and secure) are required at the rear of the building and a bicycle parking rack installed at the front of the building. The rear bicycle parking has been modified due to the proposed changes to the rear elevation. The proposed amendments to the Development Permit have no impact on the variances previously granted specifically for parking. Implications Overall, the proposed modifications to the original Development Permit are relatively minor in nature and consistent with the Development Permit Guidelines. Staff are supportive of the proposed amendments and recommend that Council amend the Development Permit. Recommendation That Council approve the proposed amendments to Development Permit No. 9.1/ PL DP7 as per the attached Schedules No. 1 and No.. Attachments: Schedule No. 1 Revised Building Elevations Schedule No. Revised Parking Layout Appendix No. 1 Existing Building Elevations 73 Trans Canada Highway, Box 78, Duncan, BC V9L 3X4 Ph 5-746-31 Fax 5-746-3133 www.northcowichan.ca 7

Page 3 Schedule No. 1 Revised Building Elevations 73 Trans Canada Highway, Box 78, Duncan, BC V9L 3X4 Ph 5-746-31 Fax 5-746-3133 www.northcowichan.ca 8

Page 4 Schedule No. Revised Parking Layout 73 Trans Canada Highway, Box 78, Duncan, BC V9L 3X4 Ph 5-746-31 Fax 5-746-3133 www.northcowichan.ca 9

Page 5 Appendix No. 1 Existing Building Elevations 73 Trans Canada Highway, Box 78, Duncan, BC V9L 3X4 Ph 5-746-31 Fax 5-746-3133 www.northcowichan.ca 1

Report Date April 3, 13 File: DVP4 To Council - Regular From Dave Pady, Planner Endorsed: Subject Development Variance Permit Side Yard Setback - 337 Westhill Place Purpose The purpose of this report is to present a Development Variance Permit application for a side yard setback variance from 3.m to.4m to allow for an existing accessory building/garage and a side yard setback variance from 3.m to m for an existing deck at 337 Westhill Place. Background The subject property has a total area of.35 hectares (5.3 acres) and is located at the end of Westhill Place. The property is currently zoned as Rural Zone (A) and within the rural area of the Official Community Plan. There are two single family dwellings currently on the property, the most recent of which is located at the far eastern end of the property and was constructed in accordance with an issued building permit and completed in. The second house, located at the western end of the property is a modular home, which was placed on the land under a building permit in 199. There is a deck that has, at some point, been added onto the (modular home) north side of this house. This deck does not conform to the setback requirements (3.m) set out in the Zoning Bylaw 95 and the applicant is seeking a variance to allow the deck to remain, acknowledging that this deck in fact encroaches on to the neighbouring property by approx..m (8 ) and would therefore need to be reduced in size by at least that amount. In addition, there is an accessory building/garage (approx. 4ft) that was also constructed on site to the east of the house (modular home) and was built without a building permit. This accessory building does not comply with the Zoning Bylaw setback requirements (3.m) for a side yard as it is constructed to within.4m of the side property line. The Development Variance Permit application is therefore to request a reduction of the required 3.m side yard to.4m in order to permit an existing accessory building/garage that was constructed without a building permit and a side yard variance from 3.m to m for the existing deck. Discussion The workshop/garage on the property was not built with a building permit and is therefore illegal and non-conforming with respect to the north property line. The owner has been using this garage as a home-based business for the purposes of repairing automobiles and, as a result of this activity, the property has amassed various auto parts which have resulted in an unsightly property complaint from a property owner to the north of the subject property. The property and issues raised in this report were brought to the attention of staff as a result of a complaint from a neighbour regarding the unsightly nature of the property. 73 Trans Canada Highway, Box 78, Duncan, BC V9L 3X4 Ph 5-746-31 Fax 5-746-3133 www.northcowichan.ca 11

Page Staff has considered the impact of these concerns and the building setbacks in relation to lot lines and requested the property owner submit a Development Variance Permit for a variance to the side yard setback to regularise the illegal non-conforming accessory building and the illegal deck. If the DVP application is approved by Council the owner will then be require to apply for and receive a Building permit for the structure(s) in order to confirm they are constructed to BC Building Code requirements. During a recent site visit it was noted that the owner has begun to improve the general tidiness of the property by removing materials from around the property. There are 5 properties that are directly adjacent to the subject property along the north property line and one parcel to the east. The approximate distance from each of these houses to the accessory building is as follows: a. The house to the east: 13 metres b. The house to the far northwest: 135 metres c. The house directly north: 147 metres d. The house to the northeast: 15 metres e. The house to the far northeast: 18 metres While these houses are downhill from the subject property, the cleanup of the yard in and around the garage should mitigate concerns from the neighbours, as well removing the portion of the deck which is currently encroaching on to the neighbour s property. The zoning bylaw requires a 3.m setback from the side lot line and the applicant is requesting a variance to.4m for the accessory building / garage and a m setback for the existing deck. This may be considered significant for a side yard in an urban residential area where the setback is meant in part to create a spatial separation between buildings for fire safety. It must, however; be considered much less impactful within the rural context and where the separation between residential buildings is much greater. Based on the above information, Staff do not consider the reduction in the side yard setback in this case to be a significant concern as there is no directly adjacent impact to neighbouring properties, does not impact the views or ability of neighbours to enjoy their property, and the structures are in keeping with the form & character of other buildings in the community. In order to further mitigate the potential visual and noise impact of the proximity of these two structures on adjoining lands, along with the associated use of the land and storage of materials in this general area, Staff are also recommending that the owner be required to construct a solid fence (min. 1.5m / 5ft. in height) from a point no less than 3.m west of the existing modular home to a point no less than 3.m east of the existing accessory building / garage (approx. total length 5m), as a condition of this permit. Options Council has the following options: Approve the variance to the side yard setback from 3 metres to.4 metres in order to permit the workshop/garage as an accessory building, and a variance for the deck from the 3.m to m with the condition that a Building Permit must be obtained for the workshop/garage accessory building, based on the application that was submitted; Approve the permit as per the above with the condition that the owner be required to construct a solid fence (min. 1.5m / 5ft. in height) from a point no less than 3.m west of the existing modular home to a point no less than 3.m east of the existing accessory building / garage (approx. total length 5m), as a condition of this permit; or, 73 Trans Canada Highway, Box 78, Duncan, BC V9L 3X4 Ph 5-746-31 Fax 5-746-3133 www.northcowichan.ca 1

Page 3 Deny the variance request and consider issuance of a Notice on Title, and/or order that the illegal structures be removed from the property or relocated to an alternative location that meets setback requirements and is authorized under Building Permit. It is Staff s position that with construction of a fence as per the recommendations outlined above, any potential impact of the setback variance would be virtually eliminated, and would therefore recommend that Council support the variance request subject to the conditions outlined in Point # above. Recommendation That Council: 1. Issue a Development Variance Permit for a side yard variance from 3.m to.4m for an existing accessory building / garage, and from 3.m to m for the existing deck, subject to the construction of a solid fence, minimum 1.5m (5 ft.) in height from a point no less than 3.m west of the existing modular home to appoint no less than 3.m east of the existing accessory building/garage.. Following issuance of the DVP, Direct the owner to submit an application for a building permit to regularize the two existing structures. 3. Following issuance of an occupancy permit for the garage, direct the owner to submit an application for a Home Based Business License for the existing Automotive Repair business. 73 Trans Canada Highway, Box 78, Duncan, BC V9L 3X4 Ph 5-746-31 Fax 5-746-3133 www.northcowichan.ca 13

Page 4 Map 1 Location Plans Map Site Plans 73 Trans Canada Highway, Box 78, Duncan, BC V9L 3X4 Ph 5-746-31 Fax 5-746-3133 www.northcowichan.ca 14

Page 5 73 Trans Canada Highway, Box 78, Duncan, BC V9L 3X4 Ph 5-746-31 Fax 5-746-3133 www.northcowichan.ca 15

BU ILDING PERMIT STATISTICS APRIL OL3 January Month Permits 13 Lt 1 13 Construction Value S Lqtt,86.18 5 1,64,849.73 s 6,588,515.75 Permits t7 Construction Value 5 3,981,9t.5 S 3,66,665. S,66,4s. Permits 11 Construction Value s 1,949,195.6 February t4 5 19 S,3 t,t74.3s March 35 7 5 3,197,94r.7s April L8 S 3,9,97. 38 5 5,94,663.9 8 S z,got,oo7.so Subtotal 8 5 L,98,t9s.66 7 5 t6,79,666.4 85 S 15,979,3t9. May June July August September October November December L 3 37 6 L 74 1,185,r7.8 4,r3,35.L5 5,483,681.3 1,95,69.5 L,74,978.O 9,695,161.63 3,169,5.38 1,881,3s. 35 3L 18 3 5 19 4,8,733.84 6,,83.5,Lto,48L.75 1,665,369.68,55!,77L.38 7,to3,7tg.OO,7t6,.39 1,373,956. Total 6 S 41,48,8,9 97 5 44,L,7.35 85 S 15,979,3L9. Chief Building lnspector 16

SINGLE FAMILY RESIDENTIAL STARTS APRIL OL3 L! 1- L3 Month Permits Construction Value Permits Construction Value Permits Construction Value January February March April 3 5 16 5 S 653,384.68 s 1,345,99.13 S 3,818,79.7s 5 t,7ts,7gl.so 4 1 5 1.1. S 1,116,81. s,93,99.5 S 1,43,4.so 5,77,73s.s 6 7 6 1 S 1,47,93.6 5 L,479,99.35 s 1,493,33.75 s 1.,794,5 Subtotal 9 s 7,533,949.6 3 s 7,396,419.5 9 5 6,tzs,o5o.o May 4 97L,44.63 1 s,919,797.4o lune 1,1 3,17,98.65 8 5 t,978,95. July 16 3,79,L6.3O 3 5 \qto,19.65 August 5 1,86,437.5 5 s s5,194. September 578,L63. 7 5 t,13,155.39 October 1 3,L4,444.63 5 S 1,5+8,485.5 November 6,53,O.88 5 s 1,657,539.9 December 8 1,855,895. 5 5 g,43.s Total 91 5 4,L93,461.65 78 5 O,4O8,L9.L 9 S 6,tz5,o5o.o Bruce Oliphant Chief Building lnspector 17

M U LTI.FAM I LY RESI DENTIAL STARTS APRIT OL3 Lt 1 t3 Month Permits Construction Value Units Permits Construction Value Units Permits Construction Value Units January February March April 3 4 s s $,38,11. s 1,77,55.5 L6 5 L 6 s s 38,5. S 46,78. S 1,89,647.4 LT 1 t s s s s 459,368. 49,344.OO Subtotal 7 s 3,459,536.5 7 9 s z,aot,677.4 15 S s+g,7tz.oo 4 May June July August September October November December L 1 34,466. 54,694. 465,155.5 3 3 L L t 384,66. 39,1. 333,74.O 34t,764.5 Iotal LT 5 c,ttlesz.oo 8 L5 S 3,96,49s.9 3 94971 4 Bruce Oliphant Chief Building lnspector 18