Staff report
DATE:
January 13, 2009
TO:
Chair and Directors
Electoral Areas Services Committee
FROM:
Debra Oakman, CMA
Chief Administrative Officer
RE:
DEVELOPMENT VARIANCE PERMIT AND FLOODPLAIN RELIEF APPLICATIONS
FILES: 3090-20 / DV 10B 08
3160-20 / FR 1B 08
FOLIO NO.:
771 03535.000
PID NO.:
003-867-951
APPLICANT:
David Robinson (0775700 BC LTD.)
AGENT:
Graham Elvidge, Allan Diamond Architect
LEGAL DESCRIPTION:
Lot 7, District Lot 224, Comox District, Plan 18066
CIVIC ADDRESS:
1209 Mayfair Road
OCP BYLAW:
Bylaw No. 2042, Rural Comox Valley OCP Bylaw, 1998
OCP DESIGNATION:
Residential
ZONING BYLAW:
Bylaw No. 2781, Comox Valley Zoning Bylaw, 2005
ZONE:
Residential One (R-1)
PURPOSE
The applicant wishes to construct a new single family dwelling and detached garage on the subject
property. The proposed siting of the dwelling requires the approval of a front and rear yard setback
variance. In addition, the proposed siting of the detached garage requires the approval of a front
and right side yard setback variance. Lastly, the proposed siting of the single family dwelling also
requires floodplain relaxation from the Strait of Georgia.
POLICY ANALYSIS
The Local Government Act (LGA) grants authority to local governments under Section 922 of Part 26
“Planning and Land Use Management” to vary provisions of a bylaw, on applications by a
landowner, through the issuance of a development variance permit.
EXECUTIVE SUMMARY
The applicant wishes to have the setbacks of the single family dwelling and detached garage varied,
as well as, the floodplain setback for the dwelling relaxed to permit the siting of the proposed
structures. Planning staff supports these variances due to the configuration of the property, the loss
of approximately 8.0 metres (26.2 feet) of land due to wave action and the area required for the
septic field, the building envelope for the property is significantly reduced. In addition, the Ministry
of Transportation and Infrastructure (TRAN) has granted a permit for the road setback variances.
Lastly, Levelton Engineering’s geotechnical engineer supports the reduction of the floodplain
setback. Based on the above, planning staff recommends the issuance of the development variance
permit (DVP) and floodplain relief.
Staff Report – DV 10B 08 – FR 1B 08 (Robinson-Allan Diamond Architects
Page 2
RECOMMENDATIONS
THAT the board approve development variance permit DV 10B 08 (Robinson-Allan Diamond
Architect) for the construction of a new single family dwelling with a front yard setback reduction
from the required 4.5 metres (14.8 feet) to 3.3 metres (10.8 feet) and a rear yard setback reduction
from the required 4.5 metres to 1.75 metres (5.7 feet); and the construction of a detached garage
with a front yard setback reduction from the required 4.5 metres (14.8 feet) to 1.0 metre (3.3 feet)
and a right side yard setback variance from the required 1.75 metres (5.7 feet) to 1.0 metre (3.3 feet);
AND FURTHER THAT the floodplain management provisions as contained in Bylaw No. 2782,
being the “Floodplain Management Bylaw, 2005”, be varied for the proposed single family dwelling
for the purposes of relaxing the required floodplain setback from 15.0 metres (49.2 feet) to 11.5
metres (37.7 feet) from the natural boundary of the sea for the property described as Lot 7, District
Lot 224, Comox District, Plan 18066 (1209 Mayfair Road) in accordance with the geotechnical
reports dated September 11, 2008 and November 28, 2008, by Levelton Engineering Solutions;
AND FURTHER THAT the geotechnical reports by Levelton Engineering Solutions dated
September 11, 2008 and November 28, 208 be registered on title by covenant;
AND FINALLY THAT the manager of legislative services be authorized to execute the permit.
Respectfully:
D. Oakman
Debra Oakman, CMA
Chief Administrative Officer
BACKGROUND
The subject property is located in a residential area of Lazo North (Electoral Area ‘B’) and is zoned
Residential One (R-1). The parcel is 0.15 hectares (0.37 acres) in area and is bounded by the Mayfair
Road beach access to the northwest and the Strait of Georgia to the northeast (subject property map
attached). The former mobile home has been removed from the parcel and the applicant wishes to
develop the property by constructing a new single family dwelling and detached garage. The
applicant has also recently received regional district approval for the construction of a new
engineered cement shoreline protection device within 1.0 metre (3.3 feet) of the natural boundary of
the sea in order to safeguard the property from further storm action.
The initial plans for the development met the required floodplain setback as the applicant originally
applied for the installation of the new foreshore protection wall approximately 4.0 metres (13.1 feet)
from the existing natural boundary to gain back a portion of the 8.0 metres (26.2 feet) of land that
had been lost due to erosion. Following discussions with the Integrated Land Management Bureau
(ILMB), which is the authority responsible for crown land, staff confirmed that any land below a
newly established natural boundary is under the jurisdiction of the crown. As such, this proposal
would not be permitted unless an application for a license of occupation was submitted and
approved by ILMB. As a result, the applicant chose to revise the plans and apply to place the new
wall within 1.0 metre (3.3 feet) of the existing natural boundary, as permitted by ILMB. The
outcome of this amendment, however, resulted in an overall reduction to the area between the
proposed dwelling and the natural boundary and ultimately the requirement for a floodplain
relaxation. In order to permit the proposed siting of the dwelling and detached garage, a DVP and
floodplain relief are required.
Staff Report – DV 10B 08 – FR 1B 08 (Robinson-Allan Diamond Architects
Page 3
PLANNING ANALYSIS
Allan Diamond Architects have provided a site plan which identifies the siting of both the single
family dwelling and detached garage (site survey attached as Schedule ‘A’). As part of the review
process, the site plan revealed that two variance requests are associated with each of the proposed
structures, the single family dwelling and detached garage accessory building, as well as, floodplain
relaxation for the dwelling. Specifically, planning staff confirmed that the dwelling requires both a
front and rear yard variance, as well as, floodplain relief and the detached garage requires both a
front and right side yard setback variance.
Variance Requests
Firstly, the single family dwelling requires both a front and rear yard setback variance. Secondly, the
detached garage requires a front and right side yard setback. The applicant is seeking approval of
the variances in order to permit the siting of these structures as initially proposed. The site plan
confirms that the single family dwelling, is proposed within 3.3 metres (10.8 feet) of the front yard
lot line and 1.75 metres (5.7 feet) of the rear yard lot line. It also confirms that the detached garage
is proposed within 1.0 metre (3.3 feet) of the front lot yard lot line and 1.0 metre (3.3 feet) of the
rear yard lot line.
During the review of the application, staff has found cause for support of the variance requests.
Firstly, the configuration of the property, specifically the designation of the front and rear yards,
results in the largest setback requirements at both ends of the narrowest portion of the lot (see
Schedule ‘A’). Typically, the front and rear sides of the property are situated at opposite ends of the
longest section of the parcel. However, in this case a total of 9.0 metres (29.6 feet) of setback is
required along a portion of the parcel that is approximately 19.0 metres (62.0 feet) in length.
Secondly, the loss of approximately 8.0 metres (26.2 feet) of land adjacent to the foreshore and the
required setback from the natural boundary significantly reduces the land available at the east side of
the property. Lastly, due to environmental protection of the foreshore and marine environment, the
septic system is located at the far west corner of the property, farthest away from the foreshore. As
such, the area required for the septic system further reduces the building envelope for the
development.
Floodplain Relaxation
With respect to the floodplain relief portion of this application, the design of the single family
dwelling adheres to the 1.5 metre (3.3 foot) flood construction level required by Bylaw No. 2782,
however, the proposal does not meet the required 15.0 metre (49.2 foot) setback requirement from
natural boundary. As the applicant would like to maintain the original design, they are requesting
relief of the required 15.0 metre (49.2 foot) floodplain setback to permit the proposed siting of the
single family dwelling. Although the outermost foundation wall of the dwelling is proposed at 13.2
metres (43.3 feet) from the natural boundary, there is a patio roof post proposed at 11.5 metres (37.7
feet) from the natural boundary. To account for the siting of the post, the floodplain relaxation is
requested for 11.5 metres (37.7 feet) from the natural boundary of the sea.
To address any potential issues arising from the floodplain relaxation and to provide geotechnical
requirements associated with the development, the applicant retained Levelton Engineering to
complete a geotechnical assessment. Tom Oxland, P.Eng. of Levelton Engineering, prepared two
reports, dated September 11th and November 28th, 2008. The reports state that the dwelling would
be safe under the proposed conditions, specifically the construction of a higher seawall and an
increase in the general site/yard elevation, and the property would be safe from a geotechnical
perspective for the single family residence use intended (report attached as Schedule ‘B’). As part of
the approval process and to release the regional district from any liability, the planning department
requires that these reports form a schedule to the development permit and be registered on title.
Given that this geotechnical report will be registered on title, planning staff supports floodplain
relief for the single family dwelling, at 11.5 metres (37.7 feet) from the natural boundary of the sea.
Staff Report – DV 10B 08 – FR 1B 08 (Robinson-Allan Diamond Architects
Page 4
In summary, as cause for the variances are present and as planning staff does not foresee the
relaxations as having an adverse effect on adjacent property owners, staff supports the approval of
the aforementioned variances and floodplain relief to permit the siting of the proposed single family
dwelling and detached garage.
CITIZEN/PUBLIC RELATIONS IMPLICATIONS
Adjacent property owners will be notified a minimum of ten days prior to the electoral areas services
committee (EASC) meeting regarding the variance. Any additional resident correspondence or
comments received by planning staff will be provided to the committee at the February 16, 2009
EASC meeting.
INTERDEPARTMENTAL INVOLVEMENT/IMPLICATIONS
This application was forwarded to the operational services department on January 15, 2009 for
review and comment. These comments were received on January 21, 2009 and state that the subject
property, at 1209 Mayfair Road, is serviced by CVRD water however no negative impacts are
anticipated from the proposed variances or floodplain releif. In addition, there is no sewer service
to this property and thus no objections in that regard.
Respectfully submitted:
T. Knight
Thomas Knight
Manager of Planning Services
Property Services Branch
Prepared by: A. Nelson, Planning Technician II
Staff Report – DV 10B 08 – FR 1B 08 (Robinson-Allan Diamond Architects
Page 5
DV 10B 08 – FR 1B 08 – DP 18B
Subject Property Map
Staff Report – DV 10B 08 – FR 1B 08 (Robinson-Allan Diamond Architects
Page 6
Front
Left Side
Figure 1: View of Property from Foreshore
Rear
Front
Figure 2: View of Property from Mayfair Road
Left Side
Front
Rear
Right Side
Figure 3: View from Right Side of Property to Foreshore
Figures 1-3
Staff Report – DV 10B 08 – FR 1B 08 (Robinson-Allan Diamond Architects
Page 7
LEFT
Schedule ‘A’
Mayfair Road
Dwelling Rear Yard
Variance to 1.75m
RIGHT
FRONT
Dwelling Front Yard
Variance to 3.3m
REAR
Proposed location of Shoreline
Protection Wall. Wall is
permitted to extend a Dwelling Floodplain
maximum of 1.0 metresRelaxation to 11.5m
beyond the present natural
boundary.
Garage Front Yard
Variance to 1.0m
Garage Right Side Yard
Variance to 1.0m
Site Plan
Staff Report – DV 10B 08 – FR 1B 08 (Robinson-Allan Diamond Architects
Page 8
Staff Report – DV 10B 08 – FR 1B 08 (Robinson-Allan Diamond Architects
Schedule ‘B’
Page 9