MINUTES of a regular
meeting of the MUNICIPAL COUNCIL of The Corporation of the District of Oak Bay,
held in the Council Chambers, Oak Bay Municipal Hall,
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PRESENT: |
Councillor H. Braithwaite Councillor S. F. B. Carson Councillor A. R. Cassidy Councillor P. Copley Councillor J. D. Hebert |
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STAFF: |
Municipal Administrator, W. E. Cochrane Municipal Clerk, L. Hilton Confidential Secretary, K.
Green Director of Building and
Planning, N. Beattie Municipal Treasurer, P. A. Walker Director of Engineering Services, D. |
PRESENTATION:
Community Arts Council of Greater
Paul Shrivener, Executive
Director, Community Arts Council of Greater Victoria, was in attendance to introduce the groups
who were to receive awards from the Community Arts Council.
Thankfully accepting the
award for the Oak Bay Community Artists Society were representatives Francis
Chapman and Flo-Elle Watson. Mr.
Shrievener commended the Artists’ group for their efforts in organizing the
Bowker Creek Brush-up. It was noted that
having the Brush-up tie in with the Classic Car Show should elevate the
awareness of the Art Show and lend to its further success.
The second grant was
presented to the Windsor Park Art Club and gratefully accepted by the Clubs’
representative Sharon Dailayde. It was
noted that the Art Club began meeting at Windsor Park Pavillion in the 1970’s
and even now has an active founding member.
Council thanked the two
organizations being presented with the awards for their ongoing contributions
to the community.
MINUTES OF
MEETINGS:
Council –
April 10,
2007
MOVED by
Councillor Cassidy
Seconded by
Councillor Herbert, That the minutes of the Council meeting held on Tuesday,
April 10, 2007, be adopted.
CARRIED
Estimates
Committee – April 11, 2007
MOVED
by Councillor Herbert
Seconded
by Councillor Cassidy, That the minutes of the meeting of Estimates Committee
held on Wednesday, April 11, 2007, and the recommendations contained therein,
be adopted.
CARRIED
Committee of the Whole – April 16 , 2007
MOVED by
Councillor Cassidy
Seconded by
Councillor Copley, That the minutes of the Committee of the Whole meeting held
on Monday, April 16, 2007, and the recommendations contained therein, be
adopted.
CARRIED
Estimates
Committee – April 18, 2007
MOVED
by Councillor Braithwaite
Seconded
by Councillor Carson, That the minutes of the meeting of Estimates Committee
held on Wednesday, April 18, 2007, and the recommendations contained therein, be
adopted.
CARRIED
COMMUNICATIONS:
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1. |
2007-131 2007-123 2007-123-1 |
KATHLEEN AND
GEORGE CAIRD, April 18, 2007 DIRECTOR OF
ENGINEERING SERVICES, April 11, 2007 KATHLEEN AND
GEORGE CAIRD, April 3, 2007 Re Boulevard
Encroachment Application – |
It was noted that the applicant was previously requested
to provide a more detailed professional landscape plan which would include more
horticultural detail with respect to the requested boulevard encroachment and further,
to talk to his neighbours with respect to the proposed boulevard encroachment
plans.
George
Caird, 200 King George
Terrace, was in attendance to answer questions
from Council regarding the revised landscape plans saying he presented the
drawings to his neighbours and that he was unaware of anyone being opposed to
the proposed encroachment as laid out in correspondence item no. 2007-131.
MOVED
by Councillor Carson
Seconded
by Councillor Braithwaite, That approval be given for a boulevard encroachment
adjacent to 180 Prince Andrew Place for the purpose of installing landscaping,
as shown on the sketches attached to correspondence item no. 2007-131, subject
to the plantings being maintained at a height not exceeding that of the
existing rock wall, and subject to the owners entering into a boulevard
encroachment agreement on terms set by the Municipality.
CARRIED
(Councillor
Cassidy against the motion)
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2. |
2007-132 |
Re 2006 Financial Statements
and 2007 Budget |
Geoff Beattie, President, Oak Bay Business
Improvement Association,
explained that the Business Improvement Association (BIA) is planning to initiate
a ‘green’ Christmas for the
MOVED by Councillor Herbert
Seconded
by Councillor Copley, That Council approve the budget submitted by the Oak Bay Business
Improvement Association for the 2007 calendar year as outlined in Item 2007-132,
with the budget incorporating on the revenue side a grant from the Municipality
in the amount of $89,000 to be recovered by means of a local service tax in
that amount.
CARRIED
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3. |
2007-133 |
MUNICIPAL CLERK,
April 10, 2007 Re Bylaw
Enforcement – Recommendation to File Contravention Notice Against Title – |
The Director of Building and Planning explained that the finished basement at 2511 Cranmore Road did not have the required building and plumbing permits issued for the work undertaken, and furthermore, the basement ceiling height does not meet the British Columbia Building Code requirements.
Mr. Beattie said that the current owners are selling their home and have chosen not to remove the construction and therefore, it is recommended to Council that a Notice Against Title be placed against the title of the property, drawing attention to the contravention. This action would ensure that potential purchasers of a property are made aware of outstanding violations with respect to the property.
The Municipal Administrator advised that the owner of
the property had been given notice that Council would consider this matter and
that she would be afforded an opportunity to demonstrate to Council why such a
notice should not be filed. Mayor
Causton asked if the owner of the property was in attendance and if so to come
forward at that time. The owner was not
in attendance.
MOVED
by Councillor Herbert
Seconded by Councillor Carson,
That the Municipal Clerk be
authorized to file a Bylaw Contravention Notice in the Victoria Land Title
Office stating that a resolution has been adopted pursuant to Section 57 of the
Community Charter by Oak Bay Municipal Council, relating to land legally
described as Lot 1, Block 2, Section 61, Victoria District, Plan 1029A, and
that further information respecting the resolution may be inspected at the
Office of the Municipal Clerk at 2167 Oak Bay Avenue, Victoria, BC V8R 1G2, from 8:30 a.m. to 4:30 p.m., Monday
to Friday, excluding holidays.
CARRIED
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4. |
2007-134 |
DIRECTOR OF
BUILDING AND PLANNING, April , 2007 Re Application for Development Permit (With
Variance) and Zoning Bylaw Amendment – |
Daryl Jensen, Jensen Group Architects Inc., described plans for a new porte cochere,
pedestrian canopy, project sign and flagpole that the Baptist Housing Society
of BC is proposing to construct at the
The Municipal Administrator said that a
development permit with a variance for building setbacks and an amendment to
the Zoning Bylaw to increase site coverage and floor area ratio would be
necessary to allow the proposed new construction, requiring a public hearing.
Responding to a question from Council
regarding why the request for the enhancements are coming forward at this time,
Mr. Jensen replied by saying the works were not included in the original plans
due to financial constraints, and that there is now enough funding remaining to
include the above mentioned work.
It was the view of Council that the
proposed plans would likely enhance the
MOVED
by Councillor Herbert
Seconded
by Councillor Braithwaite, That staff be directed to draft a Zoning Bylaw
amendment with respect to the application from the Baptist Housing Society of
BC, for formal consideration by Council.
CARRIED
NEW BUSINESS:
Climate Change Task Force
Mayor Causton suggested that the Terms of Reference
for the Climate Change Task Force be changed to accommodate up to twelve committee
members rather than the nine currently allowed.
MOVED by Councillor Herbert
Seconded by Councillor Braithwaite, That
the Terms of Reference for the Climate Change Task Force be amended to permit
up to twelve (12) members.
CARRIED
Councillor Braithwaite explained
that the Oak Bay Child &Youth Committee meets monthly and is comprised of various
people working with youth in our community.
She drew attention to an upcoming speaker series for youth and adults
that will begin with the author and professional speaker, Katy Hutchinson, to be
held May 10th at an Oak Bay venue.
Further information will be featured in the Oak Bay News, advised
Councillor Braithwaite.
TABLED:
Development Variance Permit –
MOVED by Councillor Cassidy
Seconded by Councillor Herbert, That the following motion be lifted from the table:
That the Director of Building and
Planning be authorized to issue a Development Variance Permit with respect to 831 Newport Avenue (Lot 5, Block 1,
Section 73, Victoria District, Plan 992), varying the following provision of
Bylaw No. 3531, Zoning Bylaw, 1986, as
amended:
|
Bylaw
Section |
Required |
Requested |
Variance |
|
6.5.4.(2).(e) Setbacks – Minimum Total of Side |
4.57 metres |
3.05 metres |
1.52 metres |
to allow the construction of a new single family dwelling on the property, as shown on the plans appended to Committee of the Whole agenda item #2007-86, being a memorandum from the Director of Building and Planning dated March 5, 2007.
Sebastian Butler, DGBK Architects, was in attendance and presented updated renderings that provided further detail on the proposed fence style and location.
CARRIED
The question on the main motion was then called.
CARRIED
Development Variance Permit –
MOVED by Councillor Cassidy
Seconded by Councillor Braithwaite, That the following motion be lifted from the table:
That the Director of Building and Planning be
authorized to issue a development variance permit with respect the proposed
bare land strata subdivision of 2157/2159
Cubbon Drive (Amended Lot 8 (DD 231956I), Section 69, Victoria District,
Plan 8662 Except Part in Plan 13719), which would vary the requirements of
Sections 3.6.1., 3.6.3., 6.5.4.(2)(c), 6.5.4.(11), 4.15.1, and Schedule A of
Bylaw No. 3531, Zoning Bylaw, 1986,
and Sections 6 and 8(1) of Bylaw No. 3578 Subdivision
and Development Bylaw, 1987 :
·
to
allow the proposed
·
to
allow the proposed Lot B to have a lot frontage of 8.96 metres (20.07 metres
required);
·
to
allow the existing residence on the proposed Lot B to have an interior side lot
line setback of 0.95 metres for the main floor and second storey (1.52 metres
required for main floor and 3.0 metres required for second storey) ;
·
to
allow the proposed
·
to
allow a paved surface to cover 92% of the front yard of proposed Lot B (25% permitted),
substantially as shown on the sketch plan appended to
Committee of the Whole agenda item #2007-87, being a memorandum from the
Director of Building and Planning dated March 13, 2007, when and if the
Approving Officer grants preliminary approval to the proposed subdivision, and
upon the applicant satisfying all conditions of preliminary approval set out by
the Approving Officer including but not limited to the payment of all required
off-site servicing costs.
CARRIED
The Municipal Administrator advised that
the request for the variances is in relation to a proposed subdivision of
Annette Jolicoeur, 2161 Cubbon Drive, expressed her concern with respect to the proposed development and the strain it may put on the already problematic parking issues in the area.
In response to concerns about whether or not there would be sufficient parking on both proposed lots, Mr. Cochrane noted that in his role as Approving Officer he would ensure the required parking is accommodated and would be looking for a minimum of 1.5 parking spaces per unit.
The question on the main motion was then called.
CARRIED
RESOLUTIONS:
Traffic Control Order No. 2007-03 - Parking
Regulations on
MOVED by Councillor Copley
Seconded by Councillor Braithwaite, That signs be
erected on
CARRIED
BYLAWS:
For First, Second and Third Reading
Bylaw
No. 4354
MOVED by Councillor Herbert
Seconded by Councillor Braithwaite, That Bylaw
No. 4354, Administrative Procedures Bylaw
Amendment Bylaw No. 2, 2007, be introduced and read a first time.
CARRIED
MOVED by Councillor Herbert
Seconded by Councillor Braithwaite, That
Bylaw No. 4354, Administrative Procedures
Bylaw Amendment Bylaw No. 2, 2007, be read a second time.
CARRIED
MOVED by Councillor Herbert
Seconded by Councillor Braithwaite, That
Bylaw No. 4354, Administrative Procedures
Bylaw Amendment Bylaw No. 2, 2007, be read a third time.
CARRIED
Bylaw
No. 4364
MOVED by Councillor Carson
Seconded by Councillor Copley, That Bylaw
No. 4364, Sewer User Charge Bylaw
Amendment Bylaw No. 2, 2007, be introduced and read a first time.
DEFEATED
(Councillors Braithwaite,
Cassidy and Herbert against the motion)
The Municipal Administrator advised
that the proposed change to the sewer charge is related to the regional sewer
debt costs which this year for the first time are being partially covered by a
sewer user charge through utility billing.
The decision was made by Council that 70% of the costs relating to any
new debt incurred by the Capital Regional District (CRD) for
As time is a factor, and
there is no alternative than to move forward with the sewer user charge Bylaw
amendment, Mr. Cochrane said the Bylaw needs to be adopted as soon as possible
in order to have the new charges appear on the utility bills.
Recognizing that the Bylaw
needs to be adopted, Councillor Braithwaite stepped forward to note she would change
her vote in favour of the Bylaw.
Pursuant to the Community
Charter, Mayor Causton required that the vote on the motion to give first
reading to Bylaw No. 4364, Sewer User Charge Bylaw Amendment Bylaw No. 2, 2007
be reconsidered and voted on again.
The question was then
called.
CARRIED
(Councillors Cassidy and
Herbert against the motion)
MOVED by Councillor Carson
Seconded by Councillor Braithwaite, That
Bylaw No. 4364, Sewer User Charge Bylaw
Amendment Bylaw No. 2, 2007, be read a second time.
CARRIED
(Councillors Cassidy and
Herbert against the motion)
MOVED by Councillor Carson
Seconded by Councillor Copley, That Bylaw
No. 4364, Sewer User Charge Bylaw
Amendment Bylaw No. 2, 2007, be read a third time.
Opposing points of view were
reiterated by some members of Council with respect to whether a portion of
sewer charges should continue to be collected through utility billing or
whether all should be collected through taxation.
It was noted that placing
the sewer charges on the utility bill based on water consumption would not be
fair to larger families who have higher consumption and would reward residents
who may be away for extended periods of time, and therefore, reduce the amount
paid towards the sewer costs.
It was also noted that if
the sewer costs were collected through property taxes, it would give qualifying
homeowners an opportunity to defer the sewer costs included in the taxes
through the Property Tax Deferment Program, perhaps making it more financially
easy for seniors to continue living in their homes for a longer period of time.
Comments in support of the
“user pay” system of recovering sewer costs through utility billing were also
heard and it was noted that some properties are tax exempt, therefore not
paying sewer charges on the tax bill, but contributing to the sewer costs through
utility billing.
The question was then called.
CARRIED
(Councillors Cassidy and
Herbert against the motion)
ADJOURNMENT:
MOVED by Councillor Braithwaite
Seconded by Councillor Cassidy, That the open portion of the
meeting of
CARRIED
The meeting adjourned at 8:34
p.m.
Certified
Correct:
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_______________________________ Municipal Clerk |
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