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,
|
PRESENT: |
Mayor
C. M. Causton Councillor
H. Braithwaite Councillor
S. F. B. Carson Councillor
A. R. Cassidy Councillor
P. Copley Councillor
J. D. Herbert Councillor
N. B. Jensen (arrived at 7:40 p.m.) |
|
STAFF: |
Municipal
Administrator, W. E. Cochrane Municipal
Clerk, L. Hilton Executive
Secretary, D. Beesley Director
of Building and Planning, N. Beattie Municipal
Treasurer, P. A. Walker Municipal
Engineer, S. G. Pitt |
Mayor Causton called the meeting to order at
7:30 p.m.
MINUTES
OF MEETING:
Council – November 28, 2005
MOVED by Councillor Herbert
Seconded by Councillor Carson, That the minutes
of the Council meeting held on Monday, November 28, 2005, be adopted.
CARRIED
Inaugural Council – December 5, 2005
MOVED by Councillor Cassidy
Seconded by Councillor Herbert, That the minutes
of the Council meeting held on Monday, December 5, 2005, be adopted.
Referring to the confirmation of appointments
contained in the Council minutes, Mayor Causton noted that in order for Council
to make an appointment to the Regional Water Supply Commission the public must
be given an opportunity to make its views known to Council. In this regard Mayor Causton asked if any
member of the public had any reason why Councillor Nils Jensen should not be
appointed to the Commission. No one came
forward.
The question was then called.
CARRIED
COMMUNICATIONS:
|
1. |
2006-2 |
CRYSTAL METH VICTORIA
SOCIETY, December 7, 2005 Re Support for Communities Responding to Methamphetamine Grant Program Application
to Union of British Columbia Municipalities |
Mayor Causton said the
Premier recently announced that funding, for awareness and education of crystal
meth addiction, is available under the Communities Responding to
Methamphetamine Grant Program through
application to the Union of B.C. Municipalities. Oak Bay, he said, is being asked to support
the Crystal Meth Victoria Society’s application for this Grant.
Mark McLaughlin,
President, Crystal Meth Victoria Society, explained that the grant would be used to fund
staff working on many aspects of the crystal meth addiction problem in
Victoria. He noted that there are also
hundreds of volunteers who work with the Society.
Responding to a question
from Council, Mr. McLaughlin said that the application to the Union of B.C. Municipalities is for funds
that would be dispersed to and managed by the Society. The District of Oak Bay would have no
obligations with respect to tracking the funding or executing the
Methamphetamine Grant Program, said Mr. McLaughlin.
Mayor Causton said that
he had spoken with Sue Clark, Program Officer, Union of B.C. Municipalities,
who had confirmed to him that, if Oak Bay supported the Crystal Meth Society’s
application, the Society would be responsible for the requirements as laid out
in the Communities Responding to Methamphetamine Grant Program.
MOVED by Councillor
Carson,
Seconded by Councillor
Braithwaite, That Council support the Crystal Meth Victoria Society’s
application to the Union of British Columbia Municipalities Community
Methamphetamine Response Funding Program.
CARRIED
|
2. |
-- 2006-3 2006-3-1 2006-3-2 2006-3-3 2006-3-4 2006-3-5 2005-293 2005-293-1 |
EXCERPT FROM MINUTES OF COUNCIL, November 14,
2005 GERALD L. PORTER AND JANICE M. PORTER,
December 5, 2005 GERALDINE PEET, December 2, 2005 ROGER F. COPITHORNE, December 1, 2005 MAIZIE PARIKH, November 30, 2005 LAVERNE, DALE AND JOHN CHURCHILL, November 23,
2005 DAGMAR HAUPTHOFF AND HANS HAUPTHOFF, November
20, 2005 ANN MACMILLAN AND IAN MACMILLAN, October 7,
2005 MUNICIPAL CLERK, November 9, 2005 Re Proposed Purchase of Part of Maquinna
Street Right of Way |
Responding to questions
from Council, the Municipal Clerk acknowledged that the majority of the letters
received were in favour of selling part of the Maquinna Street right of
way. The next step in the sale process,
she said, would be to commission an appraisal of the land, with the reduced
area as proposed by the MacMillan’s in their letter.
Ian MacMillan, 24
Maquinna Street,
responded to questions from Council stating that he would restrict the height
of any vegetation in the proposed public land to be purchased in response to
his neighbour’s concerns with respect to protecting the view they currently
have.
Mr. MacMillan also noted
that he understood Council’s wishes with respect to limiting the floor area
ratio and site coverage of his lot to that currently available before being
augmented with a portion of the road right of way as well as the no building
restriction in the new area, should the land be sold to him. He further agreed to no blasting in the rocky
outcroppings.
MOVED by Councillor
Herbert,
Seconded by Councillor
Copley, That the Municipal Clerk be authorized to commission an appraisal for
the part of the Maquinna Street right of way as set out in Item No. 2005-293-1.
CARRIED
|
3. |
2006-4 -- 2006-4-1 2006-4-2 2006-4-3 2006-4-4 2006-4-5 2005-309 |
MUNICIPAL ADMINISTRATOR, December 6, 2005 EXCERPT FROM MINUTES OF COMMITTEE OF THE
WHOLE, November 21, 2005 PETITION FROM LOGAN STEWART et al, December 3,
2005 RICHARD AND JUSTINE COOPER, [undated] NIGEL BROOKS, [undated] CRD WATER SERVICES, December 6, 2005 FRANCES M. WOODWARD, December 8, 2005 DONALD H. HUDSON, November 2, 2005 Re Proposed Radio Antenna
Installation, 3343 University Woods |
The Municipal
Administrator described the situation surrounding the proposed radio antenna
installation at 3343 University Woods, acknowledging the Federal
government’s overriding jurisdiction
with respect to telecommunications. The Federal government, explained Mr.
Cochrane, recognizes that a local government should play a role in the approval
process for such an installation and mandates a local consultation process.
In this case, said Mr.
Cochrane, the owner of 3343 University Woods has presented his Notification to a Local Authority of the
Installation of an Antenna Support Structure, as required by Industry
Canada, to Council. The District of Oak
Bay extended its own notice to area residents, the District of Saanich and the
Capital Regional District Water Department as directed by Council, said Mr.
Cochrane.
Responding to questions
from Council, Mr. Cochrane explained that Council could notify Industry Canada
and the applicant of its views with respect to the antenna.
Members of Council
indicated their support to notify Industry Canada that Council is not in favour
of the proposed installation in light of the letters and petitions received
from neighbours, as well as the letter from the CRD Water Commission which
opposes the proposed antenna installation.
MOVED by Councillor
Herbert
Seconded by Councillor
Braithwaite, That Item Nos. 2006-4, 2006-4-1, 2006-4-2, 2006-4-3, 2006-4-3,
2006-4-5 be received and further that staff write to Industry Canada to indicate
that Council does not support the application from the owner of 3343 University
Woods with respect to a proposed antenna installation.
Robin Adair, property owner of
adjoining strata lot No. 4 in the municipality of Saanich, stated that there is
an existing antenna situated on the property at 3343 University Woods for which
he was not previously notified.
The question was then
called.
CARRIED
|
4. |
-- 2005-297 |
EXCERPT FROM MINUTES
OF COUNCIL, November 14, 2005 KEN GRANT, October 21,
2005 Re Request for
Heritage Designation—1538 Beach Drive |
MOVED by Councillor Jensen
Seconded by Councillor Cassidy, That the request
for heritage designation of 1538 Beach Drive be referred to the Heritage Advisory
Panel for investigation and a recommendation to Council.
CARRIED
|
5. |
2006-5 |
FEDERATION OF CANADIAN MUNICIPALITIES,
November 29, 2005 Re Membership Dues for 2006 -2007 |
MOVED by Councillor Herbert,
Seconded by Councillor
Carson, That payment of the invoice for the 2006-2007 Federation of Canadian
Municipalities membership dues in the amount of $2,111.17, which excludes the
optional travel contribution, be approved.
CARRIED
|
6. |
2006-6 |
CAPITAL REGION EMERGENCY SERVICES TELECOMMUNICATIONS,
November 28, 2005 Re Conduct of Annual General Meeting |
MOVED by Councillor
Cassidy,
Seconded by Councillor
Copley, That:
1. The 2005 CREST
Directors’ Report be received and approved;
2. The December 31, 2004
CREST Audited Financial Statements be received and approved;
3. The Reappointment of
KPMG, Chartered Accountants, as auditors for CREST be approved;
4. The CREST 2006 Operating
and Capital Budgets be approved;
5. The Members’ Levy for
2006 be approved; and
6. That Councillor John
Herbert be appointed to vote on the Municipality’s behalf at the CREST Annual
General Meeting to be held December 21, 2005.
CARRIED
|
7. |
2006-7 |
DEPUTY TREASURER, December 1, 2005 Re 2006 Tender Award
Recommendations |
The Municipal Treasurer noted
that there are some substantial increases in the 2006 tenders over 2005, noting
the limited number of responses to the tenders.
Ms. Walker drew attention to the two contract extension options
available.
The Municipal
Administrator answered questions from Council regarding the tenders.
MOVED by Councillor Cassidy,
Seconded by Councillor
Herbert, That the 2006 tenders be awarded as follows:
1.
PW01-2006
– Backhoe Rental tender: C&F Equipment Rentals;
2.
PW02-2006
– Gravel Supply tender: Lehigh Northwest Materials, extension of contract;
3.
PW03-2006
– Ready Mix Concrete tender: Butler Brothers Supplies;
4.
PW04-2006
– Tandem Truck Rental tender: Lopeter Trucking Ltd.;
5.
PW05-2006
– Scrap Metal Roll-Off tender: Budget Steel, extension of contract; and
6.
PW06-2006
– Excavator Rental tender: C&F Equipment Rentals.
CARRIED
|
8. |
2006-8 2006-8-1 |
LIAM HALL, November 17, 2005 MUNICIPAL ENGINEER, November 25, 2005 Re Proposed Boulevard
Encroachment—1790 Beach Drive |
The Municipal Engineer confirmed
that there is an existing boulevard encroachment agreement for 1790 Beach Drive
for landscaping the boulevard of the Beach Drive side of the property.
MOVED by Councillor
Herbert
Seconded by Councillor
Braithwaite, That approval be given for a boulevard encroachment at 1790 Beach
Drive for the purpose of landscaping, subject to the owners entering into a
boulevard encroachment agreement with the Municipality.
CARRIED
|
9. |
2006-9 2006-9-1 2006-9-2 |
GORDON AND MARLA SLOAN, December 2, 2005 ALLAN AND DONNA BELL, Undated ANNE PARKINSON, December 8, 2005 Re Development
Variance Permit—2093 Crescent Road |
MOVED by Councillor
Jensen
Seconded by Councillor Carson,
That Items Nos. 2006-9, 2006-9-1, and 2006-9-2 be received.
CARRIED
|
10. |
2006-10 2006-10-1 2006-10-2 |
DOUG AND CHRISTINE ALLEN, December 7, 2005 BRIAN COPLEY, December 4, 2005 ALAN AND KATHLEEN LITTLE, December 1, 2005 Re Development Variance
Permit—1022 St. Patrick Street |
MOVED by Councillor
Cassidy
Seconded by Councillor
Herbert, That Item Nos. 2006-10, 2006-10-1 and 2006-10-2 be received.
CARRIED
NEW BUSINESS/REPORTS
FROM OTHER COMMITTEES:
Councillor Jensen raised
concerns regarding the potential demolition of the art deco house at 230 King
George Terrace, noting that it was his wish to find a solution to save this
important heritage property.
In his view, said Councillor
Jensen, staff should be asked to come up with options to save the house as a
heritage property and allow the existing house to remain while the new house is
under construction. He made note of
another situation on King George Terrace where an existing house was permitted
to remain while the new dwelling was being constructed.
The Municipal
Administrator noted that inasmuch as Council previously chose to not allow the
existing house to remain while construction is being completed, it is only in the
power of Mayor Causton to bring back Council’s decision for reconsideration for
up to 30 days afterwards.
Mr. Cochrane outlined
the events surrounding 200 and 230 King George Terrace since the owner first
applied to purchase part of the Prince Andrew Place right of way in May 2004.
Currently, said Mr.
Cochrane, the owner of 200 and 230 King George Terrace has both a demolition
and building permit for 230 King George Terrace. With respect to the construction of a house
further down on King George Terrace, said Mr. Cochrane, the previous Director
of Building and Planning allowed the existing dwelling to remain while a new
dwelling was being constructed because he felt that it would best serve the
surrounding neighbours to have a temporary construction shack to store building
materials on that property.
Mr. Cochrane stated that
if a three lot subdivision application were to be received for 200 – 230 King
George Terrace it would not be possible, without Zoning Bylaw variances, to
approve it if the two houses were to remain situated as they are. Variances would be addressed through a public
consultation process after review by the Building Department and Approving
Officer. The subdivision process, said
Mr. Cochrane, may take up to six or eight months.
Responding to a question
from Council with respect to protecting the two existing art-deco houses, Mr.
Cochrane noted that because a temporary protection order had been placed on the
house at 230 King George Terrace another order would not be possible for the
same property without the consent of the owner.
There was speculation
regarding what the owners’ intentions are with respect to their property given
that conflicting information has been received and the owners are not in
attendance to present their views. It
was noted that the demolition of the existing house and construction of the new
house is in the owners’ control, as is the decision to apply for a subdivision.
TABLED:
Development
Variance Permit—2093 crescent road
MOVED by Councillor
Cassidy
Seconded by Councillor
Jensen, That the following motion be lifted from the table:
That the Director of Building and Planning be authorized to
issue a Development Variance Permit in respect to Lot H, Section 19, Victoria
District, Plan 291C (2093 Crescent Road) which will vary the regulations of
Bylaw No. 3531, Zoning Bylaw, 1986, as amended, to permit the siting of a paved
surface which will cover 57% of the rear yard, in accordance with the plans
attached to the memorandum from the Director of Building and Planning dated
November 7, 2005.
Elisa Djurickovic,
Owner, 2093 Crescent Road, described the proposed landscaping plans for the paved
courtyard at 2093 Crescent Road, noting that she plans to plant immature hedges
around the sunken paved patio, which will fill in and shield the patio from
passers-by.
Responding to questions
from Council, Slobodan Djurickovic, Owner, 2093 Crescent Road, said he
and his contractor simply were not aware of the maximum allowable paved surface
regulation of the Zoning Bylaw before the sunken patio was constructed.
The Director of Building
and Planning noted that the paved surface area was not included on the
Djurickovics’ building permit application.
During their regular course of business, said Mr. Beattie, Engineering Department
staff became aware of the Bylaw contravention and notified the Building
Department.
Responding to questions,
Mr. Djurickovic noted that he chose a hard surface for the courtyard because of
privacy and drainage reasons. The depth
of the patio, he said, is 20 inches with a set of steps, all of which would be
screened from the road.
Mr. Beattie responded to
questions from Council with respect to the application, noting that the plans
before Council would form part of the Permit, if issued.
There was discussion
regarding the consequences of not adhering to the plans of a Development
Variance Permit, and Mr. Cochrane noted that a court injunction could be sought
in that regard.
Anne Parkinson, 2087
Crescent Road,
noted her concerns stating that, in the case at hand, the Bylaw regulation is
being greatly exceeded and should the variance be approved, a negative
precedent may be set. Ms. Parkinson also
said she was concerned with the height of the proposed trellis and hedge,
noting that, in her opinion, they were not in keeping with the ambience of the
neighbourhood.
Responding to a question
from Council, Mr. Beattie confirmed that it is the paving material, not the
sunken design of the patio, which requires a variance. He further noted that hedge height is not
regulated, while fencing is.
Following discussion it
was the majority view of Council that the proposed plans would not have a
negative impact on the surrounding properties.
It was also noted that the area would not be able to be used for additional
parking, given the sunken nature of the paved area, therefore the variance was
supportable.
The question on the main
motion was then called.
CARRIED
(Councillor Herbert
against the motion)
Development
Variance Permit—1022 St. Patrick Street
Councillor Jensen
declared a conflict of interest with regards to this item in that he received
assistance for his municipal election campaign from the owner of 1022 St.
Patrick Street. Councillor Copley also
declared a conflict of interest as 1022 St. Patrick is a neighbouring property
to hers. Councillor Jensen and
Councillor Copley left the meeting at 9:07 p.m.
MOVED by Councillor
Carson
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 in respect to Lot 19, Block Z, Section 23,
Victoria District, Plan 982 (1022 St. Patrick Street) that will vary the
following sections of the Zoning Bylaw, 1986, as amended, to permit renovations
to the single family dwelling in accordance with the plans considered by
Committee of the Whole on November 7, 2005:
|
Bylaw Section |
Required |
Requested |
Variance |
|
6.5.4.(7) Distance Between Buildings |
3.0
metres |
0 metres |
3.0
metres |
|
6.5.4.(2).(a) Front Lot Line Setback |
7.62
metres |
7.21
metres |
0.41
metres |
|
6.5.4.(11) Second Storey Interior Side Lot Line Setback |
3.0
metres |
1.86
metres |
1.14
metres |
The question on the main
motion was then called.
CARRIED
Councillors Jensen and
Copley returned to the meeting at 9:08 p.m.
RESOLUTIONS:
MOVED by Councillor
Cassidy
Seconded by Councillor
Herbert, That Council approve the attendance of Councillor Braithwaite and
Councillor Copley at the Local Government
Decision-Making for Newly Elected Officials Seminar from January 25 to 27,
2005, and the payment of expenses necessarily incurred by them.
CARRIED
MOVED by Councillor
Herbert
Seconded by Councillor
Carson, That the following Heritage Foundation appointments be confirmed for
one-year terms commencing January 1, 2006:
Mayor Christopher Causton, Judith Anderson, Jane Nielson, John Harker,
Hugh Aitken, Patricia Wilson, Jean Sparks, and Don Reksten
CARRIED
BYLAWS:
For
Final Adoption
MOVED by Councillor
Jensen
Seconded by Councillor
Braithwaite, That Bylaw No. 4296, Greater
Victoria Public Library Operating Agreement Authorization Bylaw, 2005, be
adopted.
CARRIED
MOVED by Councillor
Herbert
Seconded by Councillor
Cassidy, That Bylaw No. 4300, Financial
Plan Bylaw, 2005 Amendment Bylaw No. 2, 2005, be adopted.
CARRIED
ADJOURNMENT:
MOVED by Councillor Jensen
Seconded by Councillor Cassidy, 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 or is being considered for a position as an officer, employee or agent of
the Municipality or another position appointed by the Municipality.
CARRIED
The meeting adjourned
at 9:10 p.m.
Certified Correct
|
Municipal Clerk |
|
Mayor |