COUNCIL REPORT: ENVIRONMENTAL DEVELOPMENT PERMIT APPLICATION 2015/08 - 263 View Royal Avenue

Council Report

TO: Mayor and Council
DATE: July 15, 2015
FROM: Jeff Chow, MCIP, RPP Senior Planner
MEETING: July 21, 2015
FILE NO.: 3060-20-2015/08

ENVIRONMENTAL DEVELOPMENT PERMIT APPLICATION 2015/08 - 263 View Royal Avenue

RECOMMENDATION:

That Development Permit 2015/08 be approved;

And that Development Permit 2015/08 include the following conditions: a. The deck must have rainwater routed directly into a solid drainage pipe, also capturing perimeter drainage flows, and be discharged directly into the upper intertidal zone’s sandy materials. b. The rainwater drainage runoff must be discharged directly onto a boulder at the upper extremity of the sandy shoreline. c. Trail steps can be constructed to further minimize runoff erosion potential. d. Small scale, targeted invasive plant species removal near the building and planting of native species appropriate to the site. e. Provision of a security deposit for the protection of the natural environment from construction damage.

CHIEF ADMINISTRATIVE OFFICER'S COMMENTS:

I concur with the recommendation.

DIRECTOR OF DEVELOPMENT SERVICES' COMMENTS:

I concur with the recommendation.

PURPOSE

The purpose of this report is to consider a development permit application to construct a deck addition to a single family dwelling that is within the Natural Watercourse and Shoreline Areas Development Permit Area.

BACKGROUND

The 2270 m² parcel is located on Esquimalt Harbour and is zoned R-1: Detached Residential (Large Lot). There are two lawfully nonconforming dwellings on the property that predate incorporation of the Town.

PROPOSAL

The proposal is to construct a second-story deck addition to a cottage located within the Natural Watercourse and Shoreline Areas Development Permit Area as shown in Attachments 3 and 4. The deck would extend out 1.5 m along the 9 m side of the building that faces the harbour. Four posts would help support the deck and would be located within an existing walkway.

The deck is proposed to be sited 5.8 m from the natural boundary where 15.0 m is required. This is due to the location of the existing building. The variance was approved by the Board of Variance on July 8, 2015 in accordance with Section 911 of the Local Government Act, which grants specific authority to the Board of Variance to consider alterations and additions to buildings with lawfully nonconforming uses.

Consideration of this application is therefore based solely on how well the proposal addresses the Natural Watercourse and Shoreline Areas Development Permit Area guidelines.

DISCUSSION

Key issues include the following:

1. How does the proposal address the Development Permit Area guidelines?

1. Development Permit considerations A report from the registered professional biologist (Attachment 5) considers the relatively small scale of the development would have little impact on the health of the ecosystem, and supports construction of the deck as proposed. The report concludes “the proposed deck will not adversely affect the slope vegetation, will not interfere with plant growth, will not result in a loss of rainwater to reduce soil moisture, and will maintain slope vegetation root systems to stabilize slope soils.” The following report commendations would be incorporated as conditions in the development permit:

1. The deck must have rainwater routed directly into a solid drainage pipe, also capturing perimeter drainage flows, and be discharged directly into the upper intertidal zone’s sandy materials.
2. The rainwater drainage runoff must be discharged directly onto a boulder at the upper extremity of the sandy shoreline.
3. Trail steps can be constructed to further minimize runoff erosion potential.

The proposal is otherwise in general accordance with the relevant Development Permit Area guidelines (see Attachment 6). Building on the biologists report supporting the owners’ ongoing work cutting ivy from trees and General Guideline iv, staff would recommend additional conditions for some small scale, targeted invasive plant species removal, planting of native species appropriate to the site and a security deposit for the protection of the natural environment from construction damage.

RECOMMENDATION:

That Development Permit 2015/08 be approved;

And that Development Permit 2015/08 include the following conditions: a. The deck must have rainwater routed directly into a solid drainage pipe, also capturing perimeter drainage flows, and be discharged directly into the upper intertidal zone’s sandy materials. b. The rainwater drainage runoff must be discharged directly onto a boulder at the upper extremity of the sandy shoreline. c. Trail steps can be constructed to further minimize runoff erosion potential. d. Small scale, targeted invasive plant species removal near the building and planting of native species appropriate to the site. e. Provision of a security deposit for the protection of the natural environment from construction damage.

SUBMITTED BY:

Jeff Chow, MCIP, RPP Senior Planner

REVIEWED BY:

Lindsay Chase, MCIP, RPP
Director of Development Services

ATTACHMENTS

1. Subject Property Map
2. Letter from Applicant – June 4, 2015
3. Site Plan – Island Land Surveying – Oct. 19, 2012
4. Building Plans - Mesa Design Group – May 31, 2013
5. Biologists Report - Aqua-Tex Scientific Consulting Ltd. (1993) – June 3, 2015 (10 pages)
6. Review of Natural Watercourse and Shoreline Areas Development Permit Guidelines