COUNCIL REPORT: ENVIRONMENTAL DEVELOPMENT PERMIT 2017/08 - 2427 Chilco Road

Council Report

TO: Mayor and Council DATE: April 24, 2018 FROM: J. Chow, Senior Planner MEETING DATE: May 1, 2018 FILE NO.: 3060-20-2017/08

ENVIRONMENTAL DEVELOPMENT PERMIT 2017/08 - 2427 Chilco Road

RECOMMENDATION

THAT Development Permit 2017/08 be approved;

AND THAT Development Permit 2017/08 include the following conditions:

1. Construction is to be in accordance with the recommendations of the May 13, 2016 Interface Fire Hazard Assessment prepared by Strathcona Forestry Consulting, including: a. Removal of woody debris within 10m of the building b. The use of fire-retardant roofing and soffits, and on the downhill side of the building, fire-retardant building cladding. c. Installation of a smoke alarm
2. Construction is to be in accordance with the July 21, 2016 Arborist Report prepared by Talbot McKenzie and Associates, including temporary barrier fencing and construction hoarding to protect existing trees

AND FURTHER THAT Development Permit 2017/08 include the following variances: a. Variance to the minimum required siting of an accessory building from a rear lot line from 15.0m to 12.2m. b. Variance to the minimum required siting of an accessory building from a side lot line from 15.0m to 8.4m. c. Variance to the maximum length of an accessory building from 7.5m to 8.6m. d. Variance to the maximum height of an accessory building from 4.5m to 5.2m.

CHIEF ADMINISTRATIVE OFFICER’S COMMENTS

I concur with the recommendation.

DIRECTOR OF DEVELOPMENT SERVICES’ COMMENTS

I concur with the recommendation.

DIRECTOR OF PROTECTIVE SERVICES’ COMMENTS

I concur with the recommendation.

PURPOSE OF REPORT

To consider an Environmental Development Permit application with variances for the construction of an accessory building within the Sensitive Terrestrial Ecosystems Development Permit area. Variances are requested for the siting, length and height of the structure.

BACKGROUND

The subject property is a rural residential parcel on the east slope of Mill Hill at the north end of Chilco Road and as shown in Attachment 1. It was rezoned and subdivided in 2014 to facilitate Thetis Vale Phase 7, a 36–lot subdivision. At the time of subdivision, an accessory building in the rear yard was removed because it did not meet siting and current Building Code requirements.

PROJECT INFORMATION

The property owner proposes to construct a 36.5m² accessory building in the rear yard as shown in Figures 3 and 4. The building would be a covered, open structure located within the footprint of the previous building. The property owner’s primary purpose for the building is to store firewood.

Variances are requested for the siting, length and height of the accessory building. The proposal addresses the zoning requirements as follows:

The applicant has submitted the following information in support of their application:

1. Applicant’s statement (Attachment 2)
2. Site and building plans (Attachment 3 and 4)
3. Interface Fire Hazard Assessment (Attachment 5)
4. Arborist’s Report (Attachment 6)

A biologists report was not required because the proposed building is located within a disturbed area that was occupied by the previous accessory building.

ISSUES AND ANALYSIS:

The key issues are:

1. How does the proposal address the development permit area guidelines?
2. Are the requested variances supportable?

1. Development Permit Area Guidelines

The proposal addresses the Sensitive Terrestrial Ecosystems Development Permit Area guidelines as follows:

• The siting of the building would be in an area previously occupied by another building. This would minimize tree and other environmental impacts in the yard, which is primarily natural vegetation.
• The downhill side of the building would be clad with fire-resistant material as recommended in the Interface Fire Hazard Assessment (Attachment 5) and in accordance with guidelines to minimize fire risk in the Town of View Royal Community Wildfire Protection Plan Area.
• An Arborist report (Attachment 6) has been provided that puts forth recommendations for protecting trees from construction impacts.

Staff recommends that the development permit include the following conditions:

1. Construction is to be in accordance with the recommendations of the Interface Fire Hazard Assessment, including: a. Removing woody debris within 10m of the building b. The use of fire-retardant roofing, soffits and on the downhill side of the building, fire-retardant building cladding. c. Installation of a smoke alarm
2. Construction is to be in accordance with the Arborist report, including barrier fencing and construction hoarding to protect existing trees.

In accordance with a previous Interface Fire Hazard Assessment, the property owner has been conducting annual removal of woody debris around the existing dwelling, so staff considers that a covenant to require ongoing forest fire fuel management as discussed in the staff report to the January 16, 2018 Committee of the Whole meeting will not be necessary.

2. Requested variances

Variances are requested for the siting, length and height of the structure.

• The siting and height variances can be supported because the property is surrounded by natural park land and no adjacent residents would be affected.
• The length variance can be supported because the building size is well within lot coverage requirements; reducing the length by increasing the building width would shift the building footprint closer to the property line.
• The height variance can be supported the site is sloping and the variance would allow the main floor of the building to be accessible from the driveway.

RECOMMENDATION

THAT Development Permit 2017/08 be approved;

AND THAT Development Permit 2017/08 include the following conditions:

1. Construction is to be in accordance with the recommendations of the May 13, 2016 Interface Fire Hazard Assessment prepared by Strathcona Forestry Consulting, including: a. Removal of woody debris within 10m of the building b. The use of fire-retardant roofing and soffits, and on the downhill side of the building, fire-retardant building cladding. c. Installation of a smoke alarm
2. Construction is to be in accordance with the July 21, 2016 Arborist Report prepared by Talbot McKenzie and Associates, including temporary barrier fencing and construction hoarding to protect existing trees

AND FURTHER THAT Development Permit 2017/08 include the following variances: a. Variance to the minimum required siting of an accessory building from a rear lot line from 15.0m to 12.2m. b. Variance to the minimum required siting of an accessory building from a side lot line from 15.0m to 8.4m. c. Variance to the maximum length of an accessory building from 7.5m to 8.6m. d. Variance to the maximum height of an accessory building from 4.5m to 5.2m.

SUBMITTED BY: Jeff Chow, MCIP RPP, Senior Planner

REVIEWED BY: Lindsay Chase, MCIP RPP, Director of Development Services

ATTACHMENTS:

1. Property Location Map
2. Letter from Applicant – June 6, 2017
3. A1 Site Plan, McNeil Building Designs Ltd. (April 16, 2018)
4. A2 Section and Elevations, McNeil Building Designs Ltd. (April 16, 2018)
5. Interface Fire Hazard Assessment – Strathcona Forestry Consulting, May 13, 2016 (five pages)
6. Arborist’s Report – Talbot McKenzie and Associates – July 21, 2016