COUNCIL REPORT - ENVIRONMENTAL DEVELOPMENT PERMIT WITH VARIANCES - 55 TOVEY CRESCENT

ENVIRONMENTAL DEVELOPMENT PERMIT WITH VARIANCES 55 TOVEY CRESCENT

RECOMMENDATION

THAT Council approve Development Permit 2015/18 as per the plans attached to the report from the Planner dated January 13, 2016;

AND THAT Development Permit 2015/18 include the following variances:

• Variance to the setback from the natural boundary of the sea from 15m to 9.8m
• Variance to the maximum permitted floor area from 372m² to 535m²

CHIEF ADMINISTRATIVE OFFICER’S COMMENTS

I concur with the recommendation.

DIRECTOR OF DEVELOPMENT SERVICES’ COMMENTS

I concur with the recommendation.

PURPOSE OF REPORT

The purpose of this report is to present an application for an Environmental Development Permit with variance to permit the construction of a second storey on a lawfully non-conforming dwelling at 55 Tovey Crescent, within the Natural Watercourse and Shoreline Environmental Development Permit area. The variance requested is 9.8m to the natural boundary to the sea, from 15m and to the floor area from 372m² (4,004 sq. ft.) to 535m² (5,758 sq. ft.).

BACKGROUND

The property is 3765m² (40,526 sq. ft.) and zoned R-1: Detached Residential (Large Lot) and is adjacent to Esquimalt Harbour. The house and property sit partially within the 15m Natural Watercourse and Shoreline Environmental Development Permit area, and the special setback to the natural boundary to the sea of 15m. The existing structure is lawfully non-conforming and sits 9.8m from the natural boundary on a heavily disturbed property which includes a paved road down to a large (approved) dock.

PROJECT INFORMATION

The applicant wishes to construct a second storey on the dwelling. While the proposed second storey does not extend as far into the setback as the existing dwelling, the non-conformance of the structure is increased by the second storey building up into the setback area. The variance, as a result, will be for the existing structure closest to the natural boundary at 9.8m even as the addition is 11.5m away from the natural boundary. There is also a variance required for the maximum floor area of the house, from 372m² to 535m². Due to the large size of the property, the proposed floor space ratio (FSR) is 0.15 (maximum permitted is 0.42).

The subject property is subject to a requirement to obtain a Development Permit according to the Natural Watercourse and Shoreline Development Permit Area (DPA). This DPA focuses on the protection of environmentally sensitive areas.

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

1. Applicant’s Statement – November 12, 2015
2. Environmental Assessment – Madrone Environmental Services Ltd – December 1, 2015
3. Full set of architectural drawings – Keay Cecco Architecture Ltd – November 27, 2015
4. Arborist statement – Bartlett Tree Experts Canada Ltd – undated
5. Letters from neighbours – 57 Tovey Cres, 11 Governor’s Point Rd, 7 Governor’s Point Rd

ISSUES AND ANALYSIS

There are two issues here for Committee (and then Council) to consider:

• The impact of the addition (and its construction) on the environment
• The impact of the variance on the use and enjoyment of adjacent properties

Environment

The applicant has submitted an environmental assessment, which, along with the plans submitted by the architect, identify areas for construction staging. The environmental report concludes that the area is highly disturbed and that, if the report’s recommended measures are followed, that there will be little risk to the environment and no further impact.

Considering the property has been extensively altered through anthropogenic influences and undisturbed areas are limited, the proposed development is expected to be completed without further altering the property. Soil and vegetation not be further impacted. The proposed development is expected to present a low risk to the remaining natural features of the property.

Similarly, the arborist’s statement says that no trees or root zones will be impacted based on the supplied drawings from the architect.

Variance

The typical consideration for a variance is whether it adds value to the property and/or the neighbourhood against any negative impact the proposal will have to the use and enjoyment of the adjacent properties.

In this case, the proposed 7.5m height of the house is permitted under the R-1 zone. The large floor area is caused in part by the full basement, which does not add to the massing of the exterior but does increase the floor area of the house significantly. While it is a large house, it is also a large property. The site itself is screened by mature trees and it is unlikely that the addition would be create a dwelling which is considered to be out of character with the surrounding houses or the zoning itself. The applicant has provided letters of support from several neighbours.

Variances requested

Staff does not believe that the application will have an impact on the natural environment or the use and enjoyment of adjacent properties and feels that the proposal will be of a net benefit to the property and to the surrounding community.

RECOMMENDATION

THAT Council approve Development Permit 2015/18 as per the plans attached to the report from the Planner dated January 13, 2016;

AND THAT Development Permit 2015/18 include the following variances:

• Variance to the setback from the natural boundary of the sea from 15m to 9.8m
• Variance to the maximum permitted floor area from 372m² to 535m²

SUBMITTED BY: J. Davison, MCIP RPP, Planner

REVIEWED BY: L. Chase, MCIP RPP, Director of Development Services

ATTACHMENTS

1. Subject Property Map
2. Subject Property Orthophoto
3. Applicant’s Statement – November 12, 2015
4. Environmental Assessment – Madrone Environmental Services Ltd – December 1, 2015
5. Full set of architectural drawings – Keay Cecco Architecture Ltd – November 27, 2015
6. Arborist statement – Bartlett Tree Experts Canada Ltd – undated
7. Letters from neighbours – 57 Tovey Cres, 11 Governor’s Point Rd, 7 Governor’s Point Rd