Staff Report: DVP 2013/05 and Frontage Exemption - 256/258 Plowright Road
Report evaluating a subdivision proposal into four bare land strata lots with multiple setback variances.
PLANNING AND DEVELOPMENT REPORT
TO: Committee of the Whole DATE: March 7, 2014 FROM: Jeff Chow, MCIP, RPP, Senior Planner MEETING DATE: March 11, 2014 FILE NO.: 3090-20-2013/05
DEVELOPMENT VARIANCE PERMIT 2013/05 AND FRONTAGE EXEMPTION 256/258 Plowright Road
RECOMMENDATION:
THAT the March 7, 2014 report from the Senior Planner titled “Development Variance Permit 2013/05 and Frontage Exemption – 256/258 Plowright Road” be received.
CHIEF ADMINISTRATIVE OFFICER’S COMMENTS:
I concur with the recommendation.
DIRECTOR OF DEVELOPMENT SERVICES’ COMMENTS:
I concur with the recommendation.
PURPOSE OF REPORT:
The purpose of this report is to present a Development Variance Permit application and a frontage waiver for a proposed subdivision that, if approved, would allow two fee simple lots to be subdivided into four bare land strata lots. Variances are requested to accommodate the retention of two existing dwellings and three accessory buildings.
BACKGROUND:
The 5191 m² site is comprised of two panhandle lots that are zoned R-1: One Family Residential (Large Lot Residential) and contain a single family dwelling. 256 Plowright Road is 2396m² and 258 Plowright Road is 2795m². The dwelling at 258 Plowright was used by tenants as a "grow-op" at one point but the building has been remediated and occupancy was reinstated in December 2010.
An application to rezone the two lots to R-1A to allow subdivision into five bare land strata lots was rejected in September 2011.
PROPOSAL:
The objective is to subdivide the site to create four bare land strata lots (see Attachment 2). The proposed lots would conform to lot size and width requirements. Variances are requested for the siting of the two existing dwellings and three accessory buildings on Strata (see Attachment 4). The requested variances are highlighted in Table 1.
Table 1.
| Zoning Requirements | Required | Strata Lot 2 (258 Plowright) | Strata Lot 4 (256 Plowright) |
|---|---|---|---|
| Front yard | Min. 7.5 m | 27.3 m | 20.5 m |
| Rear yard | Min. 7.5 m | 3.9 m* | 6.3 m* |
| Side yard | Min. 2.14 m | 2.2 m | 1.9 m* |
| Combined side yard | Min. 6.1 m | 6.6 m | 6.0 m* |
| Gross Floor Area | 40% of lot, not to exceed 372 m² | 10% of lot (93 m²) | 19% of lot (294 m²) |
| Accessory building setback from front lot line | 7.5 m | n/a | 4.4 m* (garage) |
| Accessory building setback from any lot line | 1.2 | n/a | 0.6 m* and 0.3 m* (sheds) |
| * Variance requested |
An exemption to frontage requirements may be necessary because Section 944 (1) (a) of the Local Government Act requires that if a parcel being created by a subdivision fronts on a highway (i.e. road), the minimum frontage on the highway must be a minimum of 10% of the perimeter of the parcel. Section 944 (2) of the Local Government Act allows local government to exempt these requirements. The proposed frontage of the overall site is 2%.
ANALYSIS AND CONCLUSION:
The requested variances for the siting of existing buildings can be supported because there is no additional impact on adjacent residences. The siting variances for the existing accessory buildings on Strata Lot 4 can be supported because the bedrock in the central part of the lot (see Figure 1) creates a hardship to meet standard setback requirements.
There are no immediate tree impacts with regard to any of the requested variances. There are trees within the proposed building envelopes of proposed Lots 1 and 3 and an arborists report has been submitted (Attachment 6). Tree retention will be addressed at the subdivision stage and permits will be required at the construction and servicing stages.
If required, the frontage exemption can be supported because it acknowledges the pre-existing nature of the site as two large panhandle lots. This will be verified in a future report to Council.
Following the resolution of any additional comments from the Committee of the Whole that may arise, noticing for the Council meeting would be conducted as per the requirements of Development Procedures Bylaw No. 730, 2009. Should any of the variances be rejected, those buildings would have to be removed prior to subdivision.

RECOMMENDATION:
THAT the March 7, 2014 report from the Senior Planner titled “Development Variance Permit 2013/05 and Frontage Exemption – 256/258 Plowright Road” be received.
SUBMITTED BY: Jeff Chow, MCIP, RPP, Senior Planner
REVIEWED BY: Lindsay Chase, MCIP, RPP, Director of Development Services
ATTACHMENTS:
- Subject Property Map
- Subject Property Orthophoto
- Letter from applicant – Lana Cabrilo and Radosav Tufegdzic – Dec., 23, 2013
- Building Envelopes on Proposed Strata Lots 1- 4 Island Land Surveying – Feb. 18, 2014
- Existing Structures – Island Land Surveying – July 16, 2013
- Arborist Report – Talbot McKenzie & Associates Consulting Arborists – Dec. 3, 2013

