TOWN OF VIEW ROYAL COUNCIL REPORT: DEVELOPMENT VARIANCE PERMIT NO. 2025-01 – 21 TOVEY CRESCENT (April 14, 2025)

DEVELOPMENT VARIANCE PERMIT NO. 2025-01 – 21 TOVEY CRESCENT

RECOMMENDATION:

THAT Council authorize staff to proceed with the public notification process for Development Variance Permit No. 2025-01 for 21 Tovey Crescent, subject to:

a. Proposed development meeting all of the Town’s Zoning Bylaw requirements, except for the following variance:

i. decrease the minimum lot size of a Level 3 Home Occupation from 1,000m² to 995m² to permit a Bed and Breakfast.

ALTERNATIVE OPTION:

THAT Council decline the Development Variance Permit Application No. 2025-01 for 21 Tovey Crescent.

PURPOSE:

The purpose of this report is to consider a Development Variance Permit (DVP) application for 21 Tovey Crescent to reduce the minimum lot size of a Level 3 Home Occupation from 1,000m² to 995m² to permit a Bed and Breakfast on the subject property.

DEVELOPMENT APPLICATION PROCESS

Figure 1 below outlines the DVP application process. The red star identifies where the application falls within the process. The application is being considered by Council, in accordance with this staff report.

BACKGROUND:

Description of Proposal

The applicant submitted a business licence application for a Bed and Breakfast home occupation for 21 Tovey Crescent on March 20th, 2025.

ANALYSIS:

As per the Town’s Zoning Bylaw No. 900, 2014, an application for a Bed and Breakfast home occupation licence must comply with the Level 3 home occupation requirements outlined in Section 4.2.5, and the specific Bed and Breakfast requirements outlined in Section 4.3. Following a review of the application, a letter was sent to the applicant of the business licence informing them that the subject property did not meet the minimum 1,000m² lot size requirement in the Zoning Bylaw and staff could not issue a business licence. As a result, the applicant applied for a variance for Council’s consideration.

Two letters of support have been submitted by the applicant’s neighbours on either side of the subject property.

The variance to reduce the lot size requirement from 1,000m² to 995m² to permit a Bed and Breakfast home occupation is supportable as there is only a reduction of 5m² (53.8ft²) and the property complies with all the other Zoning Bylaw requirements, including:

• the proposed bed and breakfast is located within the dwelling.
• there is no secondary suite, garden suite, or daycare located on the subject property.
• the applicant lives in the dwelling, and it will only be the property owners that will be engaged in the Bed and Breakfast.
• the required parking (2 parking spaces) is being provided on-site. The driveway is wide enough to fit the two additional off-street parking spaces as well as the one parking space required for the dwelling.
• the proposed Bed and Breakfast area consists of one sleeping unit and does not occupy more than 40% of the floor area of the dwelling unit.
• no changes will be made to the exterior of the home.

Impacts and implications can be summarized as follows:

PUBLIC PARTICIPATION GOAL:

The desired level of public participation for the recommended option is:

• Inform
• Consult
• Involve
• Collaborate
• Empower
• N/A

TIME CRITICAL:

There are no time considerations for the Town.

ATTACHMENTS:

1. Applicant’s Letter to Mayor and Council
2. Letters of Support from Neighbours
3. Section 4.2 and Section 4.3 of the Town’s Zoning Bylaw
4. DVP Adjacent Property Impact Review
5. Survey of the Subject Property