Petition regarding Development Permit - 275 Kerwood Street

Reference: Development permit (DP) number 2021/05

Subject: DP and variance violations

To: View Royal Mayor and Council and Staff

On April 6, 2021, the owner of 275 Kerwood St was authorized a retaining wall height variance from the Town’s policy of 1.2 metres to 1.52 metres (4 feet 9 inches) for 4 walls to be placed in the environmental setback. No new variance has been granted.

One of the walls is over twice the approved variance height at just over 3 metres (10 feet) – please note the photographs-and towers approximately 5 feet ABOVE the TOP of the fence that runs between 275 Kerwood and the neighbouring property. At no point is the height of the wall within the variance granted.

The residents of 279 Kerwood contacted the Town on August 3, 2021 alerting Council and Staff to the apparent violation of the variance and were informed on August 18 that staff had investigated and found the site to be in compliance. This seemed impossible given the extraordinary height of the wall versus the approved variance and DP. On August 25th, Mayor Screech sent an email to the residents of 279 Kerwood stating, “I gather that there is still ongoing staff involvement in this process and the wall in question will be adjusted. I wanted to let you know in case you were not aware.”

Despite the fact the entire wall is well over the approved variance height of 1.52m, and even eclipses an earlier variance request of 2.5 metres, the Town has apparently negotiated what is depicted in the photo below as a remedy to the situation.

Council and Staff may recall a similar situation at 283 Kerwood when that home was constructed with a wall that contravened the building permit. In that case, the owner was made to lower a completed waterside wall as it contravened the authorized height stated in the building permit. Further, and much more recently, a similar issue has arisen with the height of retaining walls at 315 Stewart St. and their impact on neighbouring properties.

We, the undersigned, have read and understood this letter and are strongly opposed to the “carve out” solution presented by the Town. We request that the Town enforce the approved development permit and that construction in the developmentally protected 15 metre setback is executed according to the approved variance without exceptions.

Thank you for your prompt consideration of these matters.

Sincerely,