TOWN OF VIEW ROYAL MINUTES OF A COUNCIL MEETING HELD ON TUESDAY, MARCH 4, 2025
Minutes from the regular Council meeting held on March 4, 2025, covering remedial actions, variance permits, and OCP review updates.
TOWN OF VIEW ROYAL MINUTES OF A COUNCIL MEETING
HELD ON TUESDAY, MARCH 4, 2025 VIEW ROYAL MUNICIPAL OFFICE – COUNCIL CHAMBERS
PRESENT WERE:
Mayor Tobias Councillor Brown Councillor Kowalewich Councillor Lemon Councillor Mattson – via Microsoft Teams Councillor MacKenzie Councillor Rogers
PRESENT ALSO:
S. Sommerville, Chief Administrative Officer S. Jones, Director of Corporate Administration/Deputy CAO L. Taylor, Director of Development Services I. Leung, Director of Engineering J. Chow, Senior Planner S. Scory, Senior Planner L. Curtis, Community Planner S. Patterson, Building Inspector E. Bolster, Deputy Corporate Officer
14 members of the public 0 members of the press
1. CALL TO ORDER
Mayor Tobias called the meeting to order at 7:02 p.m.
2. APPROVAL OF AGENDA
MOVED BY: Councillor Lemon SECONDED BY: Councillor Rogers
THAT the agenda be approved as presented.
CARRIED
3. MINUTES, RECEIPT & ADOPTION OF
a) Minutes of the Council meeting held February 18, 2025
MOVED BY: Councillor Brown SECONDED BY: Councillor MacKenzie
THAT the minutes of the Council meeting held February 18, 2025 be adopted as presented.
CARRIED
b) Minutes of the Special Council meeting held January 28, 2025
MOVED BY: Councillor Brown SECONDED BY: Councillor MacKenzie
THAT the minutes of the Special Council meeting held January 28, 2025 be adopted as presented.
CARRIED
4. MAYOR’S REPORT
The Mayor noted that the Town will be holding an Official Community Plan focused business mixer at the Victoria Scottish Cultural Centre on March 6, 2025 and he is pleased with View Royal’s leadership in response to current happenings in the United States.
5. PETITIONS & DELEGATIONS
6. PUBLIC PARTICIPATION PERIOD
a) C. Smith, 2319 Chilco Road, spoke regarding his Strata’s application for tree removal (item 8.1(d)), specifically the number of required replacement trees.
7. BUSINESS ARISING FROM PREVIOUS MINUTES
8. REPORTS
8.1 STAFF REPORTS
7:10 p.m. Councillor Brown recused himself from the meeting, noting there may be a perception of bias in relation to consideration of the remedial action report for 12 Vickery Road, having been to the site on a couple of occasions. He left the room and did not participate in the discussion of the matter or vote on it.
a) 12 Vickery Road – Remedial Action
- Report dated February 14, 2025 from the Building Inspector
- Letter dated November 14, 2024 from J. Becker, 24 Vickery Road, Re: Registration of Notice on Title for 12 Vickery Road
- Letter dated February 23, 2025 from J. Becker, 24 Vickery Road, Re; Notice of Remedial Action – 12 Vickery Road
- Letter dated February 27, 2025 from J. Becker, 24 Vickery Road, Re: 12 Vickery Road – Remedial Action
The Building Inspector provided an overview of the staff report and a PowerPoint presentation.
Council and the Building Inspector discussed the purpose and responsibilities of an Engineer of Record; the purpose and impact of the Community Charter section 57 notice filed against the land title for 12 Vickery Road on November 19, 2024; potential safety of the structure; resubmission of building plans; timeline and owner’s responsibility to address deficiencies; need to mitigate risk for the Town, broader public safety and risk; applying due process on a consistent basis; and current status of the property.
J. Becker, owner, was unable to provide a PowerPoint presentation as the material was not provided electronically in advance in accordance with cybersecurity practices and as described on the Town’s website. Instead, Mr. Becker spoke regarding remedial action at 12 Vickery Road, specifically addressing his opening comments to the photographs within the staff report.
The Director of Development Services read a statement noting that any opinions expressed by Mr. Becker regarding the Engineer of Record for the project or another engineer are those of the property owner and the Town and Town staff do not share those opinions and that such opinions and possible defamatory statements should not be attributable to the Town or Town staff.
Mr. Becker stated he retained an additional engineer to review his own safety concerns. He described two other houses he built on Vickery Road, past inspections for 12 Vickery Road, and his decision to suspend the project at 12 Vickery Road for one year. He noted he would be willing to sign a waiver to take full responsibility for the structure without having to go through the building permit process. Mr. Becker indicated he has made a complaint to the Engineers and Geoscientists of BC about and filed court action against the Engineer of Record. Mr. Becker noted he feels his character has been defamed as documents referencing the structure state “failed”.
Council and Mr. Becker discussed the status of court proceedings, construction, and deficiencies. Mr. Becker indicated that the lawyer he is working with from Vancouver has secured a Vancouver based engineer to come to the property. The Beckers confirmed that, if requested, they may provide photographs to the Town upon the receipt of legal advice.
The Director of Development Services discussed deficiencies noted by the Town’s previous building inspector, confirming that the framing inspection had not been passed. The Building Inspector clarified that the building permits issued for 24 Vickery Road and 34 Vickery Road were for renovations and additions and not new structures. It was noted that one of these projects included the replacement of the Engineer of Record.
In response to questions from Council, the Building Inspector indicated that a structural engineer is key for the 12 Vickery Road project as the owner wanted to be able to drive in the basement. Therefore, the building design requires a structural engineer’s approval with signed schedules from that engineer to confirm that the structure complies with the BC Building Code.
Council and staff discussed liability for the proposed waiver, ability for a different engineer to review and sign off, inability to provide additional building permit renewals, and duty to mitigate risks and apply bylaws consistently.
MOVED BY: Councillor Rogers SECONDED BY: Councillor Kowalewich
THAT the letter dated November 14, 2024 from J. Becker, 24 Vickery Road, Re: Registration of Notice on Title for 12 Vickery Road be received for information.
CARRIED
MOVED BY: Councillor Rogers SECONDED BY: Councillor Kowalewich
THAT the letter dated February 23, 2025 from J. Becker, 24 Vickery Road, Re: Notice of Remedial Action – 12 Vickery Road be received for information.
CARRIED
MOVED BY: Councillor Rogers SECONDED BY: Councillor Kowalewich
THAT the letter dated February 27, 2025 from J. Becker, 24 Vickery Road, Re: 12 Vickery Road – Remedial Action be received for information.
CARRIED
MOVED BY: Councillor MacKenzie SECONDED BY: Councillor Rogers
C-19-25 THAT the remedial action process as outlined in sections 72 through 80 as well as sections 17 and 258 of the Community Charter, SBC 2003, c. 26 (“Community Charter”) be initiated and that such remedial action process include the following declarations and resolutions:
The building (“Building”) on the property with a civic address of 12 Vickery Road, Victoria, BC and a legal description of LOT B SECTION 91 ESQUIMALT DISTRICT PLAN 18407 EXCEPT PART IN PLAN 3768 RW, PID: 003-762-491 (the “Property”) is in or creates an unsafe condition in that the building fails to comply with sections 5.1, 5.2, 5.5, 7.5, 8.2, 8.12, 8.15, 11.18, 14.8, 14.10(d)(ii), 24.3, 24.4 and 25.2 of the Town of View Royal’s Building Bylaw No. 1111, 2023 (“Building Bylaw”) and the British Columbia Building Code (“BCBC”);
The owner, John Becker, has 60 days following receipt of Council’s motion to submit a complete new building permit application for the Building with the required documents listed within the attached building permit application and plumbing permit application (collectively, the “Building Permit Application”);
If the Town of View Royal (“Town” or “TOVR”) receives a complete Building Permit Application for the Building within 60 days following receipt of Council’s motion, the owner has 180 days from the date of receipt of building permit issuance to: correct all deficiencies listed by the Engineer of Record; provide Town staff with the approved field reports of the Engineer of Record and Schedule C-B letter of assurance; and arrange for and pass Town inspections; and
Town staff must report back to Council about issuance of an occupancy permit following the 180-day deadline imposed on the owner to bring their structure into compliance with the BC Building Code and the Town’s Building Bylaw.
CARRIED Councillors Mattson and Rogers opposed
8:55 p.m. Councillor Brown returned to Council Chambers
b) Development Variance Permit 2024-04 – 406 Creed Road
- Report dated February 20, 2025 from the Community Planner
The Community Planner gave a summary of the report to Council.
Council and staff discussed the extent of feedback from neighbours regarding the variance.
- Comments from the Applicant
Council and H. Paul, owner’s representative, discussed support from neighbouring property owners, privacy, and size of the deck.
Comments from the Public
Correspondence
a) Letter dated January 23, 2025 from T. Komal, Re: Development Variance Permit – 406 Creed Road
MOVED BY: Councillor Rogers SECONDED BY: Councillor Brown
THAT the letter dated January 23, 2025 from T. Komal, Re: Development Variance Permit – 406 Creed Road be received.
CARRIED
MOVED BY: Councillor Lemon SECONDED BY: Councillor Brown
C-20-25 THAT Council authorize the issuance of Development Variance Permit No. 2024-04 for 406 Creed Road, in accordance with plans submitted to Development Services on February 4, 2025, subject to the proposed development meeting all of the Town’s Zoning Bylaw requirements, except for the following variances:
- reduce the rear yard setback from 6.0m to 3.03m.
CARRIED
c) Development Variance Permit 2023-10 – 1 Hospital Way
Report dated February 20, 2025 from the Senior Planner
Comments from the Applicant
Council and representatives from Island Health discussed landscaping and parking impact.
Comments from the Public
Correspondence
MOVED BY: Councillor Mattson SECONDED BY: Councillor Kowalewich
C-21-25 THAT Council authorize the issuance of Development Variance Permit No. 2023-10 for 1 Hospital Way, in accordance with plans submitted to the Development Services Department on November 12, 2024, subject to the development meeting all of the Town’s Zoning Bylaw requirements, except for the following variances:
- reduce the flanking lot line setback from 6.0m to 5.0m;
- reduce the rear lot line setback from 7.5m to 3.5m;
- increase the building height from 9.0m to 9.5m;
- reduce the number of required parking spaces from 5408 to 1273; and
- increase the fence height from 2.0m to 2.5m.
CARRIED
d) 2319 Chilco Road Tree Permit
- Report dated January 30, 2025 from the Director of Engineering
The Director of Engineering gave a review of the report to Council.
MOVED BY: Councillor Rogers SECONDED BY: Councillor Brown
THAT Tree Protection Bylaw No.1069 be varied for 2319 Chilco Road tree permit, by:
- requiring the Strata to plant up to fourteen tree saplings or young trees within the Strata’s onsite greenspace areas of suitable size and species to maximize survivability and to the satisfaction of the Director of Engineering;
- providing a reduction to the replacement tree quantity for existing young trees that are already growing within the Strata’s onsite greenspace areas, with the reduction amount to be reviewed and approved by the Director of Engineering;
- accepting a $500/tree cash in lieu for each replacement tree that is required but not planted due to site constraints; and
- requiring the Strata to maintain the replacement tree saplings or young trees, including the existing young trees that are growing within the Strata’s onsite greenspace areas, for an establishment period of three years.
CARRIED
e) Drainage Master Plan RFP
- Report dated February 14, 2025 from the Director of Engineering
The Director of Engineering summarized the report for Council.
MOVED BY: Councillor Brown SECONDED BY: Councillor Rogers
THAT the Drainage Master Plan RFP be approved as attached to the report dated February 14, 2025 from the Director of Engineering titled “Drainage Master Plan RFP”.
CARRIED
f) Housing Target Report Update – Reporting Period 1.1, August 1, 2024 to January 31, 2025
- Report dated February 21, 2025 from the Senior Planner
The Mayor noted that he had modified the Housing Target Report to include data for dwelling units completed outside of the reporting period. The Senior Planner summarized the report for Council.
Councillor Mattson left the meeting at 9:55 p.m.
MOVED BY: Councillor Lemon SECONDED BY: Councillor Brown
THAT Council approve “Housing Target Update Report for Reporting Period 1.1, August 1, 2024 to January 31, 2025”, dated February 21, 2025;
AND THAT staff be authorized to submit “Housing Target Report Update for Reporting Period 1.1 – August 1, 2024 to January 31, 2025”, to the Province to fulfill the legislative requirements and reporting deadline;
AND FURTHER THAT staff publish the report titled “Housing Target Report Update for Reporting Period 1.1 – August 1, 2024 to January 31, 2025” on the Town's website to fulfill the legislative requirements of the Province.
CARRIED
g) Official Community Plan Review – Project Update: Community Growth Survey and Engagement Update
- Report dated February 25, 2025 from the Senior Planner
MOVED BY: Mayor Tobias SECONDED BY: Councillor MacKenzie
THAT references to Thetis Cove be removed from the Community Growth Survey.
CARRIED
MOVED BY: Councillor Lemon SECONDED BY: Councillor Rogers
THAT the Community Growth Survey’s “Town Centre” section reference that Fort Victoria RV Park is adjacent to the E&N Corridor, the future of which is to be considered further this year, and close to View Royal Park;
AND THAT the Atkins neighbourhood includes transit facilities.
CARRIED
MOVED BY: Mayor Tobias SECONDED BY: Councillor Rogers
THAT the Community Growth Survey lead with zoning information resulting from the new Provincial housing legislation.
CARRIED
MOVED BY: Councillor Rogers SECONDED BY: Councillor MacKenzie
THAT the Community Growth Survey’s “Supporting Growth and Development” question regarding the “Western Gateway Community Corridor” add a separate bullet point to explore solely residential uses.
CARRIED Councillor Lemon opposed
MOVED BY: Councillor Brown SECONDED BY: Councillor Lemon
THAT the draft “Community Growth Survey” attached to the report dated February 25, 2025 from the Senior Planner titled “Official Community Plan Review – Project Update: Community Growth Survey and Engagement Update” be approved for publication as amended.
CARRIED
8.2 COMMITTEE OF THE WHOLE RESOLUTIONS
8.3 OTHER REPORTS
a) Minutes of the West Shore Parks and Recreation Board of Directors meeting held January 16, 2025
MOVED BY: Councillor Brown SECONDED BY: Councillor Lemon
THAT the minutes of the West Shore Parks and Recreation Board of Directors meeting held January 16, 2025 be received.
CARRIED
b) Minutes of the Official Community Plan Review Advisory Committee meeting held February 24, 2025
MOVED BY: Councillor Brown SECONDED BY: Councillor Lemon
THAT the minutes of the Official Community Plan Review Advisory Committee meeting held February 24, 2025 be received.
CARRIED
9. CORRESPONDENCE
9.1 FOR ACTION
a) Letter dated February 20, 2025 from Min. Begg, Ministry of Public Safety and Solicitor General, Re: South Island Police Dispatch Costs
MOVED BY: Mayor Tobias SECONDED BY: Councillor Rogers
THAT the letter dated February 20, 2025 from Min. Begg, Ministry of Public Safety and Solicitor General, Re: South Island Police Dispatch Costs be received.
CARRIED
9.2 FOR INFORMATION
a) West Shore Parks and Recreation staff report dated January 31, 2025 from G. Brown, Administrator, Re: 2025 January Progress Report – West Shore Regional Parks and Recreation Facilities Master Plan
MOVED BY: Councillor Rogers SECONDED BY: Councillor Brown
THAT the West Shore Parks and Recreation staff report dated January 31, 2025 from G. Brown, Administrator, Re: 2025 January Progress Report – West Shore Regional Parks and Recreation Facilities Master Plan be received for information.
CARRIED
b) Final Report for Town of View Royal Grant in Aid 2024 dated January 17, 2025 from K. Finster, Good Food Network and Capital Region Food and Agriculture Initiatives Roundtable
MOVED BY: Councillor Rogers SECONDED BY: Councillor Brown
THAT the Final Report for Town of View Royal Grant in Aid 2024 dated January 17, 2025 from K. Finster, Good Food Network and Capital Region Food and Agriculture Initiatives Roundtable be received for information.
CARRIED
10. BYLAWS
11. NEW BUSINESS
12. QUESTION PERIOD
13. MOTIONS & NOTICES OF MOTION
a) Flags at Town Hall – Councillor Brown
MOVED BY: Councillor Brown SECONDED BY: Mayor Tobias
THAT the Town of View Royal flag be lowered from Council Chambers and outside Town Hall and be replaced with the Ukrainian flag in support of Ukraine and the Ukrainian people.
CARRIED
14. CLOSED MEETING RESOLUTION
15. RISING REPORT
16. TERMINATION
MOVED BY: Councillor Brown SECONDED BY: Councillor MacKenzie
THAT this meeting now terminate. Time: 10:42 p.m.
CARRIED
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