Email from Gary Mathies re: 331 Stewart Ave (file 3060-020-2019-06)
Correspondence and annotated report excerpts from a neighbor formally opposing the 331 Stewart Ave variances and citing neighborhood impact.
Email from Gary Mathies
From: Gary Mathies Sent: Monday, May 13, 2019 3:03 PM To: Mayor And Council Email mayorandcouncil@viewroyal.ca Cc: gmathies Subject: 331 Stewart Ave (file 3060-020-2019-06) For Committee of Whole May 14,2019
I would like to register my comments on the two variances being requested by the owner of 331 Stewart Ave I would appreciate if this was added to the agenda for May 14 Committee of the Whole.
My attachments are copies of pages from the agenda submitted by View Royal staff for the Committee of the Whole. I refer to page numbers to introduce each attachment.
page 108 - official submission
page 111 - this height variance of 2.0M will give huge negative enjoyment for all three homes to the south of 331 Stewart (of which I am 333A Stewart). The home will have 122 continuous feet of height variance, 2.0M above the two closest homes to the south. It will drastically change the viewpoint of all homes on our cul-de-sac. It does not fit in to the neighborhood with a height variance of 2.0M.
page 124 - Ryzuk Geotechnical states that "There is a bedrock knoll/shelf that rises in the lot to 2M above road grade - - ". This grade differential is actually 3.9M above road grade (13.1 - 9.2 = 3.9M). The garage slab will be situated on top of this bedrock knoll. Ryzuk further states "the height of the residence will require a variance or blasting of the bedrock to lower the site grade". I respectfully suggest the proponent proceeds with blasting to be within variance.
page 130 - Based on this topography map on page 130, the applicant can and should blast to reduce the height of this bedrock knoll and thus reduce the height of the building and the need for a variance. There is also sufficient land to build the complete home within View Royal's height restrictions. This depiction of the house looking from the south, will have the impact of an 8000 sq, ft. home because the front,walkway and back of the house will all be 2.0M above View Royal height restrictions. It will tower over everything else.
page 134 - This page outlines in red the overall length of the building including the deck on oceanside. After removing the deck, this new building will be 122 feet long, all of it 2.0M out of height variance since the home, the walkway and the garage/suite will all be at the same height. This 122 foot length compares to just 75 feet in length for the home at 333 Stewart (shown in the depiction), and 80 feet for the home at 333A Stewart.
page 140 - This is a copy of my original approval of this project. I now do not approve this project. Originally I did not understand the height variance and its impact on the neighborhood.
Thank you for reading through my opinions on this application. Regards, Gary Mathies
Town of View Royal Committee Report
TO: Committee of the Whole DATE: May 6, 2019 FROM: J. Davison, MCIP RPP Planner MEETING DATE: May 14, 2019 FILE NO: 3060-020-2019-06
331 Stewart Avenue Natural Watercourse and Shoreline Environmental Development Permit New House Build
RECOMMENDATION
THAT the report from the Planner entitled “331 Stewart Ave Natural Watercourse and Shoreline Environmental Development Permit New House Build” dated May 6, 2019 be received for information.
PURPOSE OF REPORT
The purpose of this report is to introduce a new house proposed to be built at 331 Stewart Avenue which requires a height variance, a variance to the setback to the natural boundary, and an Environmental Development Permit for the Natural Watercourse and Shoreline Environmental Development Permit Area.
BACKGROUND
The lot is vacant save for an accessory building near the front lot line which will require removal as a condition of the Development Permit. It is a challenging site given the high, rocky outcrop and steep slope down to Limekiln Cove to the northwest.
In summary, the footprint of the proposed work on-the-ground in the SDPA is very small (approx. 0.5 m2), and the proposed overhang is not expected to cause negative impacts to the SDPA. Constructing the house adjacent to SDPA, with an overhanging portion allows a large area of vegetation and trees in the centre of the property to be retained (Photo 8). If invasive species removal is conducted, the compensation planting plan is installed as proposed, and the house supports are installed using best management practices, there are no adverse effects expected on the existing ecological condition of the SDPA. Additional invasive species management and planting of native species will result in an improvement upon the current condition of the SDPA.
The applicant has provided a landscape plan as part of the application, which outlines the planting of native species across both the DP area and the rest of the property.
Geotechnical Engineering Report
The geotechnical report discusses the impacts of blasting on the site to lower the foundation of the building and potentially avoid a height variance. It does not recommend blasting due to the concerns that it would potentially damage adjacent property, impact trees in the area, and produce sedimentation harmful to the shoreline ecology. The current design of the house, while higher, avoids the negative impacts of blasting.
The report then concludes:
In summary, we do not consider there to be any geotechnical concerns with the proposed location of the house, and that such could be safely built for the use intended with consideration for the 2% in 50-year seismic event. This is in accordance with the current BC Building Code Guidelines, Section 56 of the Community Charter, and the DPA outlined in the VRCOP. We would consider blasting works to more difficult that typical due to the location (and surrounding properties) and would recommend not blasting. We would also expect that moving the building footprint would necessitate the removal of some, or all, of the trees on the property.
Tree Removal
The site plan shows one Douglas Fir tree within the building envelope to be removed.
DISCUSSION
This application is a very good illustration of the value of the variance process. The two variances required on the property facilitate a creative and sustainable dwelling which aims to reduce the environmental impact on the site and reduce the construction impact on adjacent neighbours. The height and setback variances are a result of the applicant wishing to respect the site, respect the environment, and respect his neighbours. The geotechnical and environmental reports support this goal.
The remaining question for Council is whether the variances will impact the use and enjoyment of the adjacent properties. The applicant has indicated that he will be commissioning a drone study to illustrate the visual impact of the house on adjacent properties. It is expected that this will be shown when the item comes to Council, anticipated in June.
Ryzuk Geotechnical Report
RYZUK GEOTECHNICAL Engineering & Materials Testing 28 Crease Avenue, Victoria, BC, V8Z 1S3
Date: August 14, 2018 File No: 9021-1
329 Stewart Avenue View Royal, BC V9B 1R6
Attn: Mr. Gary Jackson
Re: Proposed Single-Family Residence 331 Stewart Avenue – View Royal, BC
As requested, we have completed a geotechnical assessment of the above referenced site with consideration to the location of the proposed single-family residence. Our observations and associated recommendations regarding the proposed development are contained herein. The above noted work has been carried out in accordance with, and is subject to, our attached Terms of Engagement.
The site is a relatively long, narrow rectangular lot that is currently undeveloped except for a utility building on the southeast corner adjacent the road. Stewart Avenue bounds the site to the southeast, Limekiln Cove bounds the site to the northwest, and lots developed with single-family residences bound the other two sides of the site. Site topography is bedrock controlled. There is a bedrock knoll/shelf that rises in the lot to 2 m above road grade that then slopes down towards the rear of the property. The bedrock begins to rise again near the rear of the property and then has two steep drops before the shoreline/into the Cove for a relief of approximately 10 m (12 m from the highest point in the centre of the property). There is a gently sloping bench between the two drops at the rear of the property that is approximately 5 m wide. The bedrock drops off almost shear to the south side of the property, adjacent the neighbouring property of 333 Stewart Avenue before rising near the rear of both properties to be level across the property line. Vegetation was generally grass and shrubbery growing on surficial topsoil over the bedrock with a more heavily vegetated section including large trees (such as arbutus and a fir) located near the central/south side of the property within a southwards dip in the bedrock.
We understand that concerns have been raised regarding the height of the proposed residence and the proximity to the shoreline in accordance with the Natural Watercourse and Shoreline Development Permit Area (DPA) in the View Royal Official Community Plan (VROCP). Specifically, the height of the residence will require a variance or blasting of the bedrock to lower the site grade, and the furthest foundation footings and deck footings are within the 15 m setback from the shoreline.
With consideration to the blasting to reduce the height of the property, we expect that there will be difficulties associated with the effect of the blast(s) on the natural features/vegetation adjacent the
Site Plan and Side Elevation
SDPA Review Map
Project Information Letter
Dear Neighbours,
We are pleased to be in the planning stages for a new home, at 331 Stewart Avenue. The lot is currently vacant with the exception of a tear-down garage at the front (a serious eyesore).
I have a design in mind that meets all of the View Royal zoning criteria, except for the following two items:
~The zone requires that the overall height be 7.5m from average grade to highest point. I am proposing 9.49m which allows a modest home to be built, without blasting rock away. (The home will still be under the maximum allowable 10m for single face height.)
~The zone requires that a building be set 15m from the natural boundary in View Royal and 7.5 in Esquimalt. I am proposing a setback of 10m to the deck posts and 13m to the home. This allows the home to be built upon the rock, rather than in the gulley, thus retaining as much of the existing vegetation and trees as possible.
A recent geo-technical engineering report advises that the home be constructed in the location described, without any blasting, to ensure the structural integrity of the bank as well as the neighbouring retaining walls. We feel that the home will fit in well with the existing landscape and vegetation, and from the ocean side, will blend in with the general pattern of oceanfront homes in the Cove and along the Esquimalt waterfront. The new home will certainly improve the look of our cul de sac.
It would be greatly appreciated if we could get your support and any thoughts on this project, before I meet again with the municipality. Please let Tara (designer) or I know if you have any questions.
Thank you very much for your feedback!
For more information, or to make arrangements for pick-up of this form, please feel free to contact us:
Tara Cumming (Designer) Gary Jackson (Homeowner) (Residing at 329 Stewart Avenue)
Name: GARY MATHIES Address: 333 A STEWART AVE Date: MARCH 14, 2019
Status: [x] Owner [ ] Tenant Initial feedback: [x] I Support this project [ ] I do not support this project
Updated feedback dated May 12, 2019: I do not support this project.