Attachment “A”: MEMO RE: 17 Eaton Ave – Timeline of assisting in solution to density issue
A memo outlining the timeline of interactions between the Town's Community Planner and the owners' legal counsel regarding density compliance.
TOWN OF VIEW ROYAL 45 View Royal Avenue Victoria, B.C. V9B 1A6
MEMO
DATE: October 29, 2020 TO: Sarah Jones, Director of Corporate Administration FROM: James Davison, Community Planner RE: 17 Eaton Ave – Timeline of assisting in solution to density issue
In early September 2020 I was asked to assist the owners of 17 Eaton Ave, Mr. Seisan and Ms. Manshadi with finding an appropriate solution to the issue of the house being over the maximum permitted Floor Space Ratio (FSR). The contact with the owners has been through their legal counsel Mr. Joseph Gereluk.
September 15, 2020 Mr. Gereluk contacted me and I outlined the issue and what was required to achieve bylaw compliance of 0.45 FSR. A telephone meeting was arranged for September 18, 2020 to discuss the issue further.
September 18, 2020 Spoke again on telephone with Mr. Gereluk to reiterate what was required and discussed next steps.
September 24, 2020 Mr. Gereluk requested, and I replied with, the original COW meeting report which described the rezoning and the associated architectural drawings illustrating the proposed 0.45 FSR build-out.
Mr. Gereluk indicated on the phone after receiving the documents that the owners were perhaps interested in turning the enclosed space into outdoor space, thereby solving the problem by bringing the density into compliance.
September 30, 2020 I followed up with an email to Mr. Gereluk asking about the status of their project, and whether I could assist further. I did not receive a reply.
October 20, 2020 I wrote an email to Mr. Gereluk indicating that they had until November 3, 2020 to come up with a plan to rectify their density issue.
October 23, 2020 Mr. Gereluk left me a voicemail on October 23 indicating that they were preparing a Development Variance Permit (DVP) or Board of Variance Permit to rectify the issue.
I responded indicating that a variance was not possible. Mr. Gereluk then reiterated the intention to open the space up.
October 26, 2020 The Town received a DVP from Mr. Gereluk dated October 23, 2020.
I phoned Mr. Gereluk and indicated that a DVP was not appropriate and that they needed to open the space up. I indicated that I would research the appropriate definition of an enclosed space. Mr. Gereluk again indicated that they would have to consult with an architect to find a solution.
October 28, 2020 I emailed Mr. Gereluk with the requirement to open the space up, being that interior space is that which is sealed with an environmental barrier.
In staff’s opinion:
- The applicant only needs to submit a drawing indicating that the enclosed space be opened up and the rest of the house sealed from the environment with a wall as per the original building plans (building permit required for removal/restoration to original).
- A variance is not appropriate (impossible) as density cannot be varied. It requires a rezoning.
- Another rezoning to further increase the density on the site would not receive a positive staff recommendation and is a low-percentage application as far as potential approval is concerned. It is likely a waste of time and money for the applicant.