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, 2167 Oak Bay Avenue, Oak Bay, B

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, 2167 Oak Bay Avenue, Oak Bay, B.C., on Monday, August 18, 2008 at 7:30 p.m.

PRESENT:

Mayor C. M. Causton, Chairman

Councillor H. Braithwaite

Councillor S. F. B. Carson

Councillor P. Copley

Councillor J. D. Herbert

Councillor N. B. Jensen

STAFF:

Municipal Administrator, W. E. Cochrane

Municipal Treasurer, P. Walker

Director of Building and Planning, R. Thomassen

Mayor Causton called the meeting to order at 7:30 p.m.

ADOPTION OF MINUTES:

Council – July 21, 2008

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That the minutes of the Council meeting held on Monday, July 21, 2008, be adopted.

CARRIED

Committee of the Whole – August 11, 2008

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That the minutes of the Committee of the Whole meeting held on Monday, August 11, 2008, and the recommendations contained therein, be adopted.

St. Ann / Monterey Corridor Cycle Lane Concept

Noting that he had not been in attendance at the August 11 Committee of the Whole meeting, Councillor Jensen said that although he strongly supported measures to encourage cycling as an alternative mode of transportation, he felt that it would be preferable to implement such measures in the context of a comprehensive plan rather than on a piecemeal basis.

Councillor Carson observed, on the other hand, that although the academic strategy if starting from scratch would be to lay out cycling lanes as dictated by an overall plan for the municipality as a whole, an incremental approach was inevitable in an established community where all of the transportation infrastructure was already in place.

Acknowledging that the exploration of the St. Ann / Monterey cycling lane concept had been carried out at his suggestion, Councillor Herbert said that he had been thinking about an alternative that might create less of a hardship for residents, which would be to allow cycling on the sidewalk at peak bicycle commuting times. He said that he had briefly discussed this option with the Mayor, who had raised concerns about possible conflicts with vehicles backing out of driveways, but Councillor Herbert felt that this same hazard could be considered to exist at present for cyclists on the street.

Mayor Causton said that the elimination of parking at peak periods on the route in question, particularly in the vicinity of Oak Bay Village where the demand for on-street parking was very high, was not a step to be taken lightly. He noted that in rejecting a recent proposal to create off-street parking on a municipally-owned parcel of land near the Village, Council had implicitly attached a high priority to the maintenance of convenient on-street parking in and around the business district.

In discussion on the concept of allowing cycling on the sidewalk as described by Councillor Herbert, Council asked staff to draw attention to this as one possible alternative in the portion of the Committee-mandated questionnaire asking residents if they had any other suggestions for enhancing bicycle safety along the St. Ann / Monterey corridor.

The question was then called.

CARRIED

COMMUNICATIONS:

2008-169

MUNICIPAL ADMINISTRATOR, June 10, 2008

Greater Victoria Public Library Operating Agreement

MOVED by Councillor Copley

Seconded by Councillor Carson, That staff be directed to bring forward a bylaw authorizing the execution of a new Greater Victoria Public Library Operating Agreement, substantially as attached to correspondence item no. 2008-169, for the 2009 – 2013 period.

It was noted that the Library budget approval formula contained in the proposed new intermunicipal operating agreement was unchanged from the current arrangement, under which the votes of the smaller partners carried very little weight. It was the hope of Council that changes to the formula could continue to be pursued and possibly implemented by way of a mid-term amendment to the agreement. It was also observed, however, that the new agreement would change the composition of the Library Board, with the effect that elected council members would constitute a majority. The consensus was to monitor the impact of this revised composition on the Board’s approach to budget matters before actively resuming pursuit of the budget approval formula issue.

The question was then called.

CARRIED

2008-205

2008-205-1

2008-205-2

2008-205-3

BILL AND NORMA SELWOOD, July 21, 2008

TALBOT MACKENZIE & ASSOCIATES, July 4, 2008

MUNICIPAL CLERK, July 24, 2008

MUNICIPAL ARBORIST, July 24, 2008

Tree Protection Bylaw – Request for Reconsideration of Permit Refusal (2755 Lansdowne)

The Municipal Administrator advised Council that the Board of Variance had jurisdiction to grant relief from the requirements of the Tree Protection Bylaw. Unlike Council in its reconsideration role, moreover, the Board was not limited by the tree removal permit criteria set out in the Bylaw and could grant relief if, among other things, it found that compliance with the Bylaw would impose an undue hardship.

Speaking to his application for reconsideration, Bill Selwood, 2755 Lansdowne Road, said that he would like to be able to remove a large tree of the cedrus deodara species growing on the east side of his property, close to his house. He said that the tree’s branches were very heavy, and that with this species there was a known tendency for branches to snap off with additional loading such as snow or ice. He had already had one limb failure in this regard, and he said he had since cut off eight or nine branches overhanging the roof of his house. He envisaged, as confirmed by the aborist’s report submitted with his application, that the need for this sort of maintenance would be ongoing.

Council noted that it did not appear to be in a position to grant the permission sought by Mr. Selwood under the permit-issuing criteria set out in the Tree Protection Bylaw. At the same time, however, it asked staff to bring forward for consideration by Committee of the Whole a suggestion for an amendment to the Bylaw to provide expanded grounds for the granting of a permit, exercisable at the Council level. In particular, there was a general consensus that an obvious and well-substantiated potential for damage, even if the tree itself was not unhealthy, could be considered as a reasonable ground for the issuance of a permit.

In the interim, pending the outcome of discussion at the Committee level on a possible Bylaw amendment, Council felt that a decision on the Selwoods’ request for reconsideration should be deferred.

MOVED by Councillor Jensen

Seconded by Councillor Copley, That correspondence items no. 2008-205 through 2008-205-3 be tabled.

CARRIED

2008-206

2008-206-1

ANNE & BARRY CARIN; LOIS RHODES, July 24, 2008

MUNICIPAL ADMINISTRATOR, August 5, 2008

Unsightly Premises Regulations

MOVED by Councillor Jensen

Seconded by Councillor Herbert, That staff be directed to bring forward for consideration by Committee of the Whole a draft amendment to the Rubbish and Weed Control Bylaw to deal with derelict vehicles, boats and trailers on private property.

CARRIED

2008-207

JANET KNIGHT, July 28, 2008

Request for Temporary Road Closure re Block Party, Wilmot Place

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That permission be given for the closure of Wilmot Place north of Theatre Lane on Saturday, August 23, 2008, from 4:30 p.m. to 10:30 p.m., for the purpose of a neighbourhood block party.

CARRIED

2008-208

DEIRDRE VINCENT ET AL, August 6, 2008

Request for Temporary Road Closure re Block Party, Dover/Devon Cul-de-Sac

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That permission be given for the closure of the Devon Road cul-de-sac south of Dover Road on Sunday, September 7, 2008, from 4:30 p.m. to 7:30 p.m., for the purpose of a neighbourhood block party.

CARRIED

2008-209

BRONWYN TAYLOR, August 6, 2008

Request for Temporary Road Closure re Block Party, Henderson Cul-de-Sac South of Newton

MOVED by Councillor Braithwaite

Seconded by Councillor Herbert, That permission be given for the closure of the Henderson Road cul-de-sac south of Newton Street on Saturday, September 13, 2008, from 4:30 p.m. to 7:00 p.m., for the purpose of a neighbourhood block party.

CARRIED

2008-210

SCOUTS CANADA, July 16, 2008

Tag Day Request

MOVED by Councillor Herbert

Seconded by Councillor Jensen, That permission be granted for the Greater Victoria Area branch of Scouts Canada to hold a “Scout Apple Day” fund raising event on public streets in Oak Bay from 9:00 a.m. to 3:00 p.m. on Saturday, October 4, 2008.

CARRIED

2008-211

2002-211-1

RENE DE VOS, July 7, 2008

FREDERICK DRIVER, July 30, 2008

Low Speed Electric Powered Vehicle Authorization Bylaw

MOVED by Councillor Jensen

Seconded by Councillor Braithwaite, That correspondence items no. 2008-211 and 2008-211-1 be received.

CARRIED

2008-212

HEIDI MARTINS & ROBERT BROZDOWSKI, August 12, 2008

Development Variance Permit Application, 2570 Nottingham Road

MOVED by Councillor Jensen

Seconded by Councillor Braithwaite, That correspondence item no. 2008-212 be received.

CARRIED

10.

2008-213

2008-213-1

2008-213-2

BLAIR PATERSON, August 12, 2008

MARY KERR & JOHN ARMITAGE, August 13, 2008

JUDITH ANDERSON, August 15, 2008

Development Variance Permit Application, 1226 Roslyn Road

MOVED by Councillor Jensen

Seconded by Councillor Copley, That correspondence items no. 2008-213 through 2008-213-2 be received.

CARRIED

11.

2008-214

2008-214-1

2008-214-2

DIRECTOR OF BUILDING AND PLANNING, August 13, 2008

SUSAN BARCLAY, JOHN LEE, SONJA RUTHE & HANS CUNNINGHAM, August 13, 2008

BARRIE LEE & CHRIS TAYLOR, August 16, 2008

Development Variance Permit Application, 2156 Brighton Avenue

MOVED by Councillor Jensen

Seconded by Councillor Braithwaite, That correspondence items no. 2008-214 through 2008-214-2 be received.

CARRIED

12.

2008-215

D.D. CAKE, February 14, 2008

Traffic Control Order No. 2008-05 (North Henderson Cycle Lane-Related Parking Restrictions)

MOVED by Councillor Jensen

Seconded by Councillor Braithwaite, That correspondence item no. 2008-215 be received.

CARRIED

13.

2008-216

JEANNINE ALAIN, August 18, 2008

Request for Temporary Road Closure re Block Party, Epworth Street

MOVED by Councillor Braithwaite

Seconded by Councillor Jensen, That permission be given for the closure of the Epworth Street between Haultain Street and Fair Street on Sunday, August 31, 2008, from 4:30 p.m. to 8:30 p.m., for the purpose of a neighbourhood block party.

CARRIED

TABLED:

Development Variance Permit – 2570 Nottingham Road

MOVED by Councillor Jensen

Seconded by Councillor Copley, 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 2570 Nottingham Road (Amended Lot 1, (DD268981I), Section 31, Victoria District, Plan 3811) that will vary the following provisions of Bylaw No. 3531, being the Zoning Bylaw, 1986, as amended:

Bylaw Section	Required	Requested	Variance

6.2.4. (2) (c) & Schedule “C” Minimum Interior Side Lot Line Setback	4.57 m	2.44 m	2.13 m

6.2.4. (2)(e) & Schedule “C” Minimum Total of Side Lot Line Setbacks	12.19 m	8.29 m	3.90 m

to accommodate a kitchen extension and renovations, as shown on the plans attached to Committee of the Whole agenda item no. 2008-181, being a memorandum from the Director of Building and Planning dated July 8, 2008.

CARRIED

Heidi Martins, 2560 Nottingham Road, having received notice of the proposed development variance permit, said that the subject property at 2570 Nottingham had several outbuildings and structures that were nonconforming as to number and siting. Some, she said, were on or very close to her property line, to the extent that maintenance could not be performed on them without entering her property. She said that she would like to see the number of these outbuildings reduced before consideration was given to granting variances that would accommodate any more construction.

Responding to a question from Council, the Director of Building and Planning confirmed that the subject of the development variance permit application was a kitchen addition on the opposite side of the property from 2560 Nottingham, and that no accessory buildings or structures were part of the variance application. Noting that the letter from Ms. Martins and Mr. Brozdowski made mention of concern about noise from a swimming pool pump located close to 2560 Nottingham, Mr. Thomassen said that the maximum decibel level was regulated by the Zoning Bylaw, and that, although not related to the application before Council, he would look into this matter.

The question on the main motion was then called.

CARRIED

Development Variance Permit – 542 Oliver Street

MOVED by Councillor Jensen

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 to 542 Oliver Street (Lot B, Section 22, Victoria District, Plan 5230) that will vary the following provision of Bylaw No. 3531, being the Zoning Bylaw, 1986, as amended:

Bylaw Section

Required

Requested

Variance

6.4.4. (11)

Minimum Interior Side Lot Line Setback of the Second Storey

3.0 m

2.13 m

0.87 m

to accommodate construction of a second floor bathroom to the existing dwelling, as shown on the plans attached to Committee of the Whole agenda item no. 2008-182, being a memorandum from the Director of Building and Planning dated July 7, 2008.

CARRIED

The question on the main motion was then called.

CARRIED

Development Variance Permit – 1684 Yale Street

MOVED by Councillor Jensen

Seconded by Councillor Copley, 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 1684 Yale Street (Lot J, Block 1, Section 69, Victoria District, Plan 2197) that will vary the following provisions of Bylaw No. 3531, being the Zoning Bylaw, 1986, as amended:

Bylaw Section	Permitted	Requested	Variance

6.5.4. (3) (a) & Schedule “B” Maximum Building Height	7.32 m	7.93 m	0.61 m

6.5.4. (3) (b) & Schedule “B” Occupiable Height	4.57 m	5.13 m	0.56 m

6.5.4. (3) (c) & Schedule “B” Maximum Roof Height	9.14 m	9.45 m	0.31 m

6.5.4. (6) (b) Gross Floor Area	420 sq m	567.5 sq m	147.5 sq m

6.5.4. (6) (b) Gross Floor Area Higher than 0.8 m Below Grade	300 sq m	567.5 sq m	267.5 sq m

to accommodate construction of a rear addition, as shown on the plans attached to Committee of the Whole agenda item no. 2008-183, being a memorandum from the Director of Building and Planning dated July 8, 2008.

CARRIED

The question on the main motion was then called.

CARRIED

Development Variance Permit – 565 Oliver Street

MOVED by Councillor Braithwaite

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 565 Oliver Street (Lot 15, Block D, Section 22, Victoria District, Plan 1092) that will vary the following provision of Bylaw No. 3540 (Parking Facilities Bylaw, 1986), with respect to the number and type of required on-site parking spaces:

Parking Facilities Bylaw Section

Required

Requested

Variance

4.7 and Schedule A, A.1.(a)

Minimum No. of Parking Spaces

2 spaces,

Incl. 1 in building

1 space

(none in

building)

1 space

(waive the “1 space in building” requirement)

to accommodate, in conjunction with the construction of a new single family dwelling, the provision of a single uncovered parking space as shown in the site plan attached to Committee of the Whole agenda item no. 2008-184, being a memorandum from the Director of Building and Planning dated July 9, 2008.

CARRIED

Councillor Carson expressed the view that the number of variances granted by Council to provide relief from the covered parking space requirement raised a question as to the value of that requirement in the first place, particularly if it was going to be waived in the case of a new dwelling.

The question on the main motion was then called.

CARRIED

Development Variance Permit – 1226 Roslyn Road

MOVED by Councillor Copley

Seconded by Councillor Herbert, That the following motion be lifted from the table:

That the Director of Building and Planning be authorized to issue two (2) development variance permits with respect to the proposed subdivision of 1226 Roslyn Road (Lot A (DD 189918-I), Block 1, Section 23, Victoria District, Plan 1091) which would vary the provisions of Bylaw No. 3531, being the Zoning Bylaw, 1986, and Bylaw No. 3540, the Parking Facilities Bylaw, 1986, as follows:

Permit #1:

To permit the portion of the existing principal building proposed to be retained on proposed Lot 1 to have:

· A minimum total of side lot line setbacks of 3.75 m;

· Gross floor area of 408 sq m;

· Gross floor area higher than 0.8 m below grade of 408 sq m;

· Minimum interior side lot line setback for the second storey of 1.74 m;

and to permit the proposed Lot 1 to have a minimum lot frontage and minimum lot width of 15.24 m, and to vary the requirement that one of the two required parking spaces be covered;

Permit #2:

To permit the proposed Lot 2 to have a minimum lot frontage and minimum lot width of 15.24 m,

substantially as shown on the plan of the proposed subdivision prepared by Brad Cunnin Land Surveyor, as printed for the purposes of the July 21, 2008 Council meeting, and floor plans as appended to Committee of the Whole agenda item no. 2008-185, being a memorandum from the Director of Building and Planning dated July 9, 2008, 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 and the execution of a covenant in favour of the Municipality which, in addition to any other restrictions required by the Approving Officer, would impose the following restrictions:

· Municipal approval for building siting and vehicular access for the proposed Lot 1 and Lot 2;

Municipal approval required for building design on the proposed Lot 2;
Preservation of existing residence located on the proposed Lot 1.

CARRIED

Speaking to his application, John Young, owner, 1226 Roslyn Road, said that he had reviewed the correspondence received by the Municipality in response to the neighbourhood notification. He observed that the suggestion from one neighbour regarding the possibility of a skewed interior lot line paralleling the south face of the existing building was in fact one that had been explored by him as a means of avoiding the removal of significant portions of the structure. His recollection, however, was that the 25% site coverage limit would be exceeded under this alternative.

Mayor Causton remarked that although the site coverage limit could not be varied by way of development variance permit, it could be altered through a heritage revitalization agreement, which could also set out conditions regarding the preservation of a building having heritage value, along with standards for restoration.

At the Council level, it was also observed that there appeared to be some concern about the heritage sensitivity of the alterations planned for the existing house in order to facilitate the subdivision proposed by the applicant. In this regard, the Municipal Administrator noted that a development variance permit was generally granted only in the context of a particular development proposal as reflected in a set of building plans, but that the plans submitted with this application showed the floor layout only, so that there was nothing to hold the applicant to a particular exterior treatment as long as the floor plan was complied with.

Responding to a question from Council, Mr. Young said that he was prepared to forego an immediate decision on the current application in order to allow time to explore other options with staff and neighbours.

MOVED by Councillor Jensen

Seconded by Councillor Copley, That the main motion be re-tabled.

CARRIED

It was noted that a new proposal could be referred directly to Committee of the Whole unless it entailed an application for a heritage revitalization agreement, in which case it would have to be received by Council in the first instance, and a “rezoning” type of sign erected, before being dealt with at the Committee level.

It was also clarified that if at any point the applicant decided that he wished to have a decision one way or the other on the application as it stands, the tabled resolution addressing the requested development variance permit would be returned to Council for further consideration.

Development Variance Permit – 2156 Brighton Avenue

MOVED by Councillor Jensen

Seconded by Councillor Copley, 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 2156 Brighton Avenue (Lot 3 & 4, Section 23, Victoria District, Plan 2326) that will vary the following provisions of Bylaw No. 3531, being the Zoning Bylaw, 1986, as amended:

Bylaw Section	Required/ Permitted	Requested	Variance

6.5.4. (2) (a) Minimum Front Lot Line Setback	7.62 m	3.65 m	3.97 m

6.5.4. (2) (b) Minimum Rear Lot Line Setback	7.62 m	1.52 m	6.1 m

6.5.4. (3) (b) & Schedule “B” Maximum Occupiable Height	4.57 m	5.72 m	1.15 m

4.6.5. (1) Maximum Projection into Required Rear and Front Setback: Rear landing/stair projection Front trellis projection	6.42 m 6.42 m	0.30 m 2.4 m	6.12 m 4.02 m

to accommodate the proposed new single family dwelling, as shown on the plans attached to Committee of the Whole agenda item no. 2008-186, being a memorandum from the Director of Building and Planning dated June 30, 2008.

CARRIED

Speaking on behalf of the applicant, Steven Earthy, 2156 Brighton Avenue, addressed the concerns raised in one of the letters received in response to the neighbourhood notification, saying that access to the properties at 2160 and 2162 Brighton would be carefully maintained during the construction process, and that all contractors would be made aware of the water and sewer lines serving those properties as well.

Responding to a question from the Mayor, Mr. Earthy said that there may be a follow-up application dealing with the reconstruction of the existing garage on the east side of the property.

The Director of Building and Planning explained that the site plan attached to the development variance permit application was in error in that it showed a front setback of 3.65 metres, whereas in fact the proposal was for a front setback of 3.05 metres. The development variance permit resolution, therefore, would have to be amended if the lesser setback was to be allowed, and the notice to neighbours would have to be redone.

MOVED by Councillor Herbert

Seconded by Councillor Jensen, that the motion in respect of the development variance permit for 2156 Brighton Avenue be amended by:

(1) deleting the entries “3.65 m” and “3.97 m” opposite “Minimum Front Lot Line Setback” and substituting “3.05 m” and “4.57 m”, respectively;

(2) deleting the figures “2.4 m” and “4.02 m” opposite “Front trellis projection” and substituting “1.80 m” and “4.62 m”, respectively;

(3) deleting “Rear landing/stair projection” and substituting “Rear landing/stair setback”; and

(4) deleting “Front trellis projection” and substituting “Front trellis setback”.

CARRIED

MOVED by Councillor Herbert

Seconded by Councillor Jensen, That the main motion, as amended, be re-tabled to allow a revised notice to be given in accordance with the Local Government Act.

CARRIED

RESOLUTIONS:

Development Variance Permit – 2075 Kings Road

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That the Director of Building and Planning be authorized to issue a development variance permit with respect to 2075 Kings Road (Lot 15, Block 3, Section 28, Victoria District, Plan 1154), varying the following provisions of Bylaw No. 3531, being the Zoning Bylaw, 1986, as amended:

Bylaw Section	Required	Requested	Variance

S. 6.5.4(2)(a) Minimum Front Lot Line Setback, Principal Building	7.62 m	6.09 m	1.53 m

S. 4.6.5(1); S. 6.5.4(2)(a) Minimum Front Lot Line Setback for Unenclosed Stairs	6.42 m	4.98 m	1.44 m

S. 6.5.4(11) Minimum Interior Side Lot Line Setback, Second Storey, Principal Building	3.00 m	2.90 m	0.10 m

S. 6.5.4(7) Minimum Clear Space Between Buildings	3.00 m	1.22 m	1.78 m

to accommodate the renovations to the principal building as shown on the plans appended to Committee of the Whole agenda item no. 2008-202, being a memorandum from the Director of Building and Planning dated July 30, 2008.

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That the motion in respect of the development variance permit for 2075 Kings Road be tabled to allow notice to be given in accordance with the Local Government Act.

CARRIED

Development Variance Permit – 2770 Thorpe Place

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That the Director of Building and Planning be authorized to issue a development variance permit with respect to 2770 Thorpe Place (Amended Lot 1 (DD 121901-I), Section 31, Victoria District, Plan 4213, Except Part in Plan 14518), varying the following provisions of Bylaw No. 3531, being the Zoning Bylaw, 1986, as amended:

Bylaw Section	Required	Requested	Variance

Principal Building:

S. 6.2.4(2)(a)
Minimum Front Lot Line Setback	10.66 m	7.93 m	2.73 m

S. 6.2.4(2)(c) & Schedule “C”	3.66 m	2.59 m	1.07 m
Minimum Interior Side Lot Line Setback
(north side)

S. 6.2.4(2)(c) & Schedule “C”	3.66 m	1.07 m	2.59 m
Minimum Interior Side Lot Line Setback
(south side)

S. 6.2.4(2)(e) & Schedule “C”	8.53 m	3.66 m	4.87 m
Minimum Total of Side Lot Line
Setbacks

Accessory Building (Garage):

S. 6.2.4(2)(a)	10.66 m	0.91 m	9.75 m
Minimum Front Lot Line Setback

S. 6.2.4(8); S. 6.2.4(2)(c) & Sched. “C”	3.66 m	0.91 m	2.75 m
Minimum Side Lot Line Setback

S. 4.6.5(2); S. 6.2.4(8); S. 6.2.4(2)(c)	3.21 m	0.15 m	3.06 m
& Schedule “C”
Minimum Side Lot Line Setback for Eaves

Structures:

S. 6.2.4(3)(a)	4.60 m	6.10 m	1.50 m
Maximum Height (Barbecue Chimney)

S. 6.2.4(5)
Maximum Lot Coverage (Raised Patios)	5% (103 m²)	9% (187 m²)	4% (84 m²)

Miscellaneous:

S. 4.15.1
Maximum Coverage of Front Yard	25% (67m²)	33% (88 m²)	8% (21 m²)
by Paved Surfaces

S. 6.2.4(7)
Minimum Clear Space Between Buildings	3.00 m	0.68 m	2.32 m

to accommodate the comprehensive redevelopment of the land as shown on the plans appended to Committee of the Whole agenda item no. 2008-203, being a memorandum from the Director of Building and Planning dated August 7, 2008.

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That the motion in respect of the development variance permit for 2770 Thorpe Place be tabled to allow notice to be given in accordance with the Local Government Act.

CARRIED

Traffic Control Order No. 2008-05

(North Henderson Cycling Lanes and Associated Parking Restrictions)

MOVED by Councillor Jensen

Seconded by Councillor Herbert, That

Henderson Road

1. Lines be painted adjacent to the curbs on both sides of Henderson Road between Gibbs Road and Cedar Hill X Road, as more particularly shown on the sketch attached to the printed Order, to indicate that the portions of roadway so marked are designated as bicycling lanes.

2. Parking and stopping on both sides of the portion of Henderson Road described in Paragraph 1 be prohibited from 7:00 a.m. to 7:00 p.m., Monday through Friday.

Dundrum Road

3. Parking on both sides of Dundrum Road be limited to two (2) hours’ duration at all times of the day from Monday through Sunday.

Kendal Avenue

4. Parking on both sides of Kendal Avenue between Henderson Road and Cardiff Place be limited to two (2) hours’ duration at all times of the day from Monday through Sunday.

Avondale Road

5. Parking on both sides of Avondale Road between Henderson Road and Cardiff Place be limited to two (2) hours’ duration at all times of the day from Monday through Sunday.

Repeals

6. Any existing traffic control orders or resolutions dealing with parking on Henderson Road be rescinded or amended to the extent required to remove any conflict with Paragraphs 1 and 2, namely that:

(a) The existing parking regulations on Henderson Road between Gibbs Road and Cedar Hill X Road, being:

No Parking East Side Monday to Friday, 8:00 a.m. to 10:00 a.m.

No Parking West Side Monday to Friday, 3:00 p.m. to 5:00 p.m.

as ordered by Oak Bay Council on February 16, 1976, be rescinded;

(b) Traffic Control Order No. 84-11 (No Parking West Side of Henderson Road between Gibbs Road and Kendal Avenue, Monday to Friday, 9:00 a.m. to 5:00 p.m.) be repealed;

7. Traffic Control Order No. 83-21 (Dundrum Road, One Hour Limit, Monday to Friday, 9:00 a.m. to 5:00 p.m.) be repealed.

8. Traffic Control Order No. 87-09 (Kendal Avenue, One Hour Limit, Monday to Friday, 9:00 a.m. to 5:00 p.m.) be repealed.

9. Traffic Control Order No. 97-01 (Avondale Road, North Side, Resident Parking Only) be repealed.

Effective Date

10. Paragraphs 2 through 9 shall take effect upon the completion of the work described in Paragraph 1.

CARRIED

Traffic Control Order No. 2008-06

(Foul Bay Road Cycling Lanes)

MOVED by Councillor Herbert

Seconded by Councillor Copley , That

1. a line be painted parallel to and perpendicularly distant 1.5 metres, more or less, from the curb on the east side of Foul Bay Road for a distance of 84 metres, more or less, north of Lansdowne Road, to indicate that the portion of roadway so marked is designated as a cycling lane; and

2. authority be confirmed for the existing cycling lanes on the east and west sides of Foul Bay Road between Gibbs Road and the point north of Lansdowne Road described in Paragraph 1.

CARRIED

BYLAWS:

For Adoption

MOVED by Councillor Braithwaite

Seconded by Councillor Herbert, That Bylaw No. 4396, Seventy-Eighth Zoning Bylaw Amendment Bylaw, 2008, be adopted.

CARRIED

MOVED by Councillor Jensen

Seconded by Councillor Herbert, That Bylaw No. 4421, Low-Speed Electric-Powered Vehicle Authorization Bylaw, 2008, be adopted.

CARRIED

MOVED by Councillor Copley

Seconded by Councillor Herbert, That Bylaw No. 4422, Alternative Transportation Infrastructure Reserve Fund Establishment Bylaw, 2008, be adopted.

CARRIED

MOVED by Councillor Copley

Seconded by Councillor Herbert, That Bylaw No. 4423, Parking Reserve Fund Establishment Bylaw Amendment Bylaw, 2008, be adopted.

CARRIED

MOVED by Councillor Herbert

Seconded by Councillor Copley, That Bylaw No. 4424, Streets and Traffic Bylaw Amendment Bylaw No. 1, 2008, be adopted.

CARRIED

MOVED by Councillor Copley

Seconded by Councillor Braithwaite, That Bylaw No. 4425, Animal Control Bylaw Amendment Bylaw No. 2, 2008, be adopted.

CARRIED

MOVED by Councillor Braithwaite

Seconded by Councillor Copley, That Bylaw No. 4426, Ticket Information Utilization Bylaw Amendment Bylaw No. 3, 2008, be adopted.

CARRIED

For First and Second Reading

MOVED by Councillor Braithwaite

Seconded by Councillor Jensen, That Bylaw No. 4427, Oak Bay Official Community Plan Bylaw Amendment Bylaw No. 1, 2008, be introduced and read a first time.

CARRIED

MOVED by Councillor Braithwaite

Seconded by Councillor Jensen, That Bylaw No. 4427, Oak Bay Official Community Plan Bylaw Amendment Bylaw No. 1, 2008, having been examined in conjunction with the Five Year Financial Plan and the Capital Regional District’s Core Area Liquid Waste Management and Solid Waste Management Plan, be read a second time.

CARRIED

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That Bylaw No. 4428, Eightieth Zoning Bylaw Amendment Bylaw, 2008, be introduced and read a first time.

CARRIED

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That Bylaw No. 4428, Eightieth Zoning Bylaw Amendment Bylaw, 2008, be read a second time.

CARRIED

MOVED by Councillor Braithwaite

Seconded by Councillor Jensen, That a public hearing on Bylaws No. 4427 and 4428 be held at Oak Bay Municipal Hall on Monday, September 29, 2008, at 7:30 p.m., and that notice be given in accordance with the Local Government Act.

CARRIED

For First, Second and Third Reading

MOVED by Councillor Braithwaite

Seconded by Councillor Jensen, That Bylaw No. 4429, Streets and Traffic Bylaw Amendment Bylaw No. 2, 2008, be introduced and read a first time.

CARRIED

MOVED by Councillor Braithwaite

Seconded by Councillor Jensen, That Bylaw No. 4429, Streets and Traffic Bylaw Amendment Bylaw No. 2, 2008, be read a second time.

CARRIED

MOVED by Councillor Braithwaite

Seconded by Councillor Jensen, That Bylaw No. 4429, Streets and Traffic Bylaw Amendment Bylaw No. 2, 2008, be read a third time.

CARRIED

ADJOURNMENT:

MOVED by Councillor Braithwaite

Seconded by Councillor Copley, That the open portion of the meeting of Council be adjourned and that a closed session be convened to discuss personal information about an identifiable individual who holds a position appointed by Council, and the disposition of land to the extent that disclosure could reasonably be expected to harm the interests of the Municipality.

CARRIED

The open portion of the meeting adjourned at 9:15 p.m.

Certified Correct:

_______________________________

D/Municipal Clerk

________________________________

Mayor