ENVIRONMENTAL DEVELOPMENT PERMIT NO. 2020/09 - NATURAL WATERCOURSE AND SHORELINE - 335 STEWART AVENUE

RECOMMENDATION

THAT the report dated December 2, 2020 from the Community Planner titled “Environmental Development Permit No. 2020/09 – Natural Watercourse and Shoreline – 335 Stewart Avenue” be received for information.

CHIEF ADMINISTRATIVE OFFICER’S COMMENTS

I concur with the recommendation.
for K. Anema

DIRECTOR OF DEVELOPMENT SERVICES’ COMMENTS

I concur with the recommendation.

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 a new accessory building as well as a new structure atop an existing foreshore platform.

BACKGROUND

The property is 2923m² and zoned R-1: Detached Residential (Large Lot). The existing house is 211m² in floor area. The property is immediately adjacent to Esquimalt Harbour, and as such a significant portion of the lot contains a Natural Watercourse and Shoreline Environmental Development Permit Area, which covers 15m above and 15m below the natural boundary to the sea. One of the two proposed structures (a boathouse atop the existing wharf/platform) has been partially constructed and a Stop Work order was issued on October 1, 2020.

PROJECT INFORMATION

The applicant has made application to build two accessory structures. The applicant has included the following in support of their application:

1. Letter to Mayor and Council – Applicant - Undated
2. Property Survey – Brad Cunnin Land Surveyor – Feb 22, 2018
3. Geotechnical Review for Uplands Accessory Building – Aug 14, 2020
4. Plans for Uplands Accessory Building – Evan Eunson Designs - Sept 29, 2020
5. Plans for Wharf Accessory Building – Evan Eunson Designs - Sept 29, 2020
6. Environmental Assessment Wharf Accessory Building – Swell Environmental – Oct 9, 2020
7. Environmental Assessment Uplands Accessory Building – Swell Environmental – July 29, 2020

Requested Variances

The application requires the following variances:

1. A variance to the setback from the natural boundary to the sea from 15m to 6m for the uplands accessory building (sunroom).
2. A variance to the setback from the natural boundary to the sea from 15m to 0m for the wharf accessory building (boathouse).
3. A variance to the length of an accessory building from 7.5m to 8m for the uplands accessory building (sunroom).
4. A variance to the length of an accessory building from 7.5m to 9m for the wharf accessory building (boathouse).

The uplands accessory building (sunroom) is proposed at 350 sq. ft. (33m²) and the wharf accessory building (boathouse) is proposed at 325 sq. ft. (31m²). It should be noted that the maximum floor area of accessory buildings cannot exceed 60m² on a property. The boathouse structure, however (much like past applications) is not entirely on the property and as such the area of accessory structures on the property remains under 60m².

The proposed partially finished boathouse structure is pictured here, with plans attached to the report. The plans are to enclose the boathouse.

The sunroom is proposed to be built atop an existing paver patio above the boathouse area. The plans are attached to the report.

Environment

The Environmental Assessment from Swell Environmental concludes the following:

Sunroom The report identifies conditions by which the construction would need to meet for best practices, and to control invasive species in the environmental DP area. It concludes:

In summary, the footprint of the proposed work on the ground in the SDPA is small (approx.30m2) and is within an existing hardscaped area, therefore the proposed work is not expected to cause negative impacts to the SDPA. If no sedimentation or spills occur, and invasive species removal is conducted, there are no adverse effects expected on the existing ecological condition of the SDPA. Invasive species on the property should continue to be controlled in conjunction with the landscaping maintenance. Planting native species within the SDPA is also encouraged.

Boathouse The conclusion for the boathouse is much the same:

In summary, the footprint of the proposed work on the ground in the SDPA is small (37m2) and is within an existing constructed area: an existing dock, concrete pad, previously cleared bedrock, and stacked rock wall. Therefore the proposed work is not expected to cause negative impacts to the SDPA. If no sedimentation or spills occur, and invasive species removal is conducted, there are no adverse effects expected on the existing ecological condition of the SDPA. Invasive species on the property should continue to be controlled in conjunction with the landscaping maintenance. Planting native species within the SDPA is also encouraged.

Geotechnical

The Ryzuk Geotechnical Report addresses the sunroom:

…we do not anticipate that natural recession of the slope crest would compromise the structure. As such, from a geotechnical perspective we do not see a reason why a Development Permit for this structure should not be granted.

There is no geotechnical submission for the boathouse; staff believes that the light nature of the additions does not necessitate such an assessment, but staff can request one should Council desire it in advance of the item coming forward to Council.

CFB Esquimalt

CFB Esquimalt has passed the application of the boathouse on to the Town for approval after giving approval in principle to the structure.

DISCUSSION

There are two issues for Council to consider:

• The impact of the proposal on the environment.
• The impact of the variance on the use and enjoyment of adjacent properties.

Impact on Environment

While the Environmental Assessments have made it clear that the impact of the proposed development will not have negative impacts on the environment, the Town’s Official Community Plan is quite clear on the Town’s desire to maintain a natural state within the Natural Watercourse and Shoreline Environmental Development Permit Areas:

Riparian areas and shorelines are important for their ecological value and contribution to the physical and cultural identity of View Royal. These areas support a rich diversity of flora and fauna and are integral elements of greater local and regional environmental systems. Unnecessarily disturbing these sensitive environments may harm their vitality and the ecological services they provide. This Development Permit Area has been established to ensure that the ecological value of sensitive watercourse and shoreline areas have been considered prior to development, and that measures will be taken to limit or avoid damage to these ecosystems. To the fullest extent possible all shorelines and riparian zones should be kept in a natural state and restored if they have been disturbed by development intrusions or public activity.

From a policy point of view it is difficult to support development in these locations. Council can consider that they are already disturbed areas; equally, though, these developments invite further use of an area that the Town wishes to remain in a natural state.

Impact on Use and Enjoyment of Neighbouring Properties

The development will have visual impacts. The applicant has not provided any indication that they have contacted neighbours to receive support. This could be a request of the applicant if the item comes to Council in 2021.

RECOMMENDATION

THAT the report dated December 2, 2020 from the Community Planner titled “Environmental Development Permit No. 2020/09 – Natural Watercourse and Shoreline – 335 Stewart Avenue” be received for information.

SUBMITTED BY: J. Davison, MCIP RPP, Planner
REVIEWED BY: L. Chase, MCIP RPP, Director of Development Services

ATTACHMENTS:

1. Subject Property Map
2. Letter to Mayor and Council – Applicant - Undated
3. Property Survey – Brad Cunnin Land Surveyor – Feb 22, 2018
4. Geotechnical Review for Uplands Accessory Building – Aug 14, 2020
5. Plans for Uplands Accessory Building – Evan Eunson Designs - Sept 29, 2020
6. Plans for Wharf Accessory Building – Evan Eunson Designs - Sept 29, 2020
7. Environmental Assessment Wharf Accessory Building – Swell Environmental – Oct 9, 2020
8. Environmental Assessment Uplands Accessory Building – Swell Environmental – July 29, 2020