Presentation: DEVELOPMENT PERMIT 2020/07 Foreshore and Uplands - 275 Kerwood St

PURPOSE OF REPORT

The purpose of this report is to present a new application for an Environmental Development Permit with variances to permit the construction of stairs, landscaping, and retaining walls at 275 Kerwood St.

This report follows the rejection of an earlier application for similar structures (and a boathouse) at the April 14, 2020 Council meeting.

Requested Variances

• Variance to the prohibition on retaining wall constructed within the setback from the natural boundary to the sea.

The retaining walls were previously proposed at 2.5m but have since been lowered to a maximum of 1.2m.

Environment

The Environmental Review by FKW has the following conclusions:

In summary, the proposed work will not disturb any rare or endangered species or ecosystems. Provided the measures and BMPs described in this review are followed, the proposed construction activities are not expected to have significant negative impacts to the current ecosystems of the 15m DPA setback from Esquimalt Harbour. If implemented, the suggested restoration activities would provide improvement over the current conditions for this coastal bedrock bluff, in particular for songbirds.

Geotechnical

The Ryzuk Geotechnical Memo states that they consider the proposed construction to be feasible given their list of conditions.

There are three issues for Committee (and then Council) to consider:

• The impact of the proposal on the environment.
• The impact of the variance on the use and enjoyment of adjacent properties.
• How to consider the application in the context of the conflict with the boathouse status.

Impact on Environment

The foreshore structures prior to the non-permitted work were in very poor shape. The property has also needed a retaining wall to prevent further slumping of the slope behind the boathouse.

Staff does not believe that the application will have a significant negative impact on the natural environment, and the retaining wall to prevent the slumping of the uplands is likely to be of benefit.

Impact on Use and Enjoyment of Neighbouring Properties

Regarding the impact on the neighbours, staff believes that the current retaining wall is much improved over the last application and there are no issues regarding visual impact of the walls.

The applicant has listened to Council and has responded appropriately in a manner which staff can support.

Considering the Boathouse Status

The applicant, despite bringing the boathouse forward as part of the 2020/01 Development Permit application, is now referring to the boathouse as ‘lawfully non-conforming’. Staff has ample photo and email evidence to suggest that the boathouse has been torn down and rebuilt, and as such requires inclusion in this Development Permit application and requires variances to its length, and to its setback from the natural boundary.

Demolishing the boathouse and building new necessitates the consideration of the boathouse as a new structure, as per Section 532 of the Local Government Act:

532 (1) If a building or other structure, the use of which does not conform to the provisions of a land use regulation bylaw, is damaged or destroyed to the extent of 75% or more of its value above its foundations, as determined by the building inspector, the structure must not be repaired or reconstructed except for a conforming use in accordance with the bylaw.

While the boathouse is illustrated on plans related to this application and DP application 2020/06, it does not form part of the application. Consideration of the application (and if it is approved) does not authorize or legalize the boathouse in any way. The boathouse will be the subject of future reports.

DISCUSSION

The proposed meets the spirit of the Town’s Private Dock Development Guidelines and has received positive recommendations from CFB Esquimalt Environmental. The Environmental Assessment indicates that impacts of the project are to be low.

Staff is supportive of the application.

RECOMMENDATION

THAT the report dated September 10, 2020 from the Community Planner titled “Environmental Development Permit 2020/06– Shoreline and Natural Watercourse Development Permit Area – 275 Kerwood Street” be received for information.