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, July 24, 2006.
|
PRESENT: |
Councillor H. Braithwaite Councillor A. R. Cassidy Councillor P. Copley Councillor J. D. Herbert Councillor N. B. Jensen |
|
STAFF: |
Municipal Administrator, W. E. Cochrane Confidential Secretary, K. Green Director of Building and Planning, N. Beattie Municipal Treasurer, P. A. Walker Director of Engineering Services, D. Marshall |
MINUTES OF MEETING:
Council – June 26, 2006
MOVED by Councillor Cassidy
Seconded by Councillor
Braithwaite, That the minutes of the Council meeting held on Monday June 26,
2006, be adopted.
CARRIED
Committee of the Whole –
July 17, 2006
MOVED by Councillor Braithwaite
Seconded by Councillor
Cassidy, That the minutes of the Committee of the Whole meeting held on Monday,
July 17, 2006, and the recommendations contained therein, be adopted.
CARRIED
By consensus, the order
of the agenda was varied to allow Item No. 2006-221 to be dealt with out of
sequence.
COMMUNICATIONS:
|
1. |
2006-221 |
BISON PROPERTIES LTD., July 19, 2006 Re Oak Bay Beach Hotel (Bison
Properties), Hotel Redevelopment Application:
Request to Schedule Special Meeting of Committee of the Whole |
In response to the
request to hold a Special Committee of the Whole meeting prior to the next regular
meeting regarding the Oak Bay Beach Hotel (Bison Properties Ltd.) redevelopment
application, it was noted that it would be difficult to arrange a special
meeting given summer schedules. There
was agreement, however, that the Oak Bay Beach Hotel item
should be dealt with as the first order of business at the August 14 Committee
of the Whole meeting.
MOVED by Councillor
Jensen
Seconded by Councillor Copley, That Item No.
2006-221 be received.
CARRIED
|
2. |
2006-213 |
CAPITAL REGIONAL DISTRICT, June 22, 2006 Re Request for Approval of Amendment to Liquid Waste Management Bylaw
– Cost Sharing Method |
(Dwayne
Kalynchuk, General Manager, Environmental Services, and Malcolm Cowley, Senior
Project Engineer, both of the Capital Regional District, in attendance for this
item)
Mr.
Cowley explained the purpose of CRD Bylaw No. 3319, which would amend the
Regional District’s Liquid Waste Management Core Area and Western Communities
Service Establishment Bylaw.
In
particular, Bylaw No. 3319 would make the following changes:
·
the schedules would be
amended to show new and proposed infrastructure upgrades as set out in the Core
Area Liquid Waste Management Plan;
·
the peak flow
allocations to the respective partners for each facility would be revised to
reflect updated flow measurements and more accurate hydraulic modeling;
·
the method of cost
allocation for capital projects would be based on a new “design capacity
benefit” concept, which recognized that a benefit to a partner in terms of
available capacity could be conferred by an upstream improvement, such as the
installation of a storage device, in addition to downstream capacity increases.
Mr.
Cowley said that the improvements planned for the East Coast Interceptor and
North East Trunk systems over the next 40 years, which were for the purpose of
accommodating growth, replacing aging pipes and complying with provincial
regulations regarding storm overflow frequency, had been estimated at a cost of
$61.7 million in 2004 dollars. Under a
formula based on converted hospital assessments (as the East Coast Interceptor
capital costs were currently shared), Oak Bay’s portion of the total upgrade
cost would be 37.19%. The design
capacity benefit approach altered that portion to a composite figure of 22.54%
for the package as a whole. For
individual projects within the total package, however, Oak Bay’s share could be
higher or lower than that amount, depending on the calculated design capacity
benefit in each case.
Speaking
to the recalculation of peak flow allocations, Mr. Cowley said that the
original engineering work in this regard, undertaken prior to the construction
of the East Coast Interceptor trunk sewer in the early 1990s, had significantly
underestimated Oak Bay’s flows at the Currie Road pump station. Some of the projects planned or underway for
the comprehensive upgrade program, such as the construction of a pump station
at Trent Street in the City of Victoria to divert upstream flows directly to
Clover Point, would assist in making additional capacity available in the East
Coast Interceptor without actually increasing the size of that trunk sewer, or
adding a second pipe. An upstream
storage facility planned for the Saanich portion of the system would have a
similar effect.
Responding
to questions from Council, Mr. Marshall, Oak Bay Director of Engineering
Services, explained the initiatives being pursued by the Municipality to reduce
stormwater inflow and infiltration into the sewage collection systems in the
Uplands and in south Oak Bay.
MOVED
by Councillor Jensen
Seconded
by Councillor Braithwaite, That consent be given to the adoption of Capital
Regional District Bylaw No. 3319 in accordance with Section 802 of the Local Government Act.
CARRIED
|
3. |
2006-200 2006-214 2006-214-1 |
CAPITAL REGIONAL DISTRICT, June 19, 2006 CAPITAL REGIONAL DISTRICT, June 28, 2006 SAANICH FIRE DEPARTMENT, July 7, 2006 Re Request for Approval of Bylaw to Establish Regional Hazmat Incident
Response Service |
(Kelly
Daniels, Executive Director, and Diana Lokken, Director of Finance and Corporate
Services, both of the Capital Regional District, and
Mr.
Daniels explained that the purpose of Bylaw No. 3322 was to provide for a
regional hazardous materials incident response capability. Proposed in this regard was a five year
contract with the District of Surrey for training and backup.
Ms.
Lokken, responding to a question from Council, confirmed that there would be a
cost for each deployment of Surrey personnel over and above the $50,000 annual
retainer set out in the contract. The
proposed budget included a contribution to a reserve fund with the object of
building up a contingency for this purpose.
Given the training component of the agreement, in any event, it was
anticipated that some types of incidents could be handled locally, with this
proportion of the total likely to increase over the life of the contract.
Fire
Chief MacAulay clarified that for each incident, Surrey personnel would be on
site only for the time required to deal with the initial emergency response and
ensure public safety. Any subsequent
clean-up requirements would be the responsibility of the owner or transporter
of the product, as the case may be.
MOVED
by Councillor Braithwaite
Seconded
by Councillor Herbert, That consent be given to the adoption of Capital
Regional District Bylaw No. 3322 in accordance with Section 801.4 of the Local Government Act.
CARRIED
|
4. |
2006-215 |
DREW HENDERSON, July
4, 2006 Re Request for Street
Closure for Block Party on Cavendish Avenue – August 12, 2006 |
MOVED by Councillor Jensen
Seconded by Councillor
Braithwaite, That permission be given for the closure of Cavendish Avenue
between Beach Drive and Musgrave Street on Saturday, August 12, 2006, from 2:00
p.m. to 9:00 p.m., for the purpose of a neighbourhood block party.
CARRIED
|
5. |
2006-216 2006-216-1 |
KRIS DARTNELL et al, July
12, 2006 MARGARET SPRINGER et al, July
13, 2006 Re Request for Street
Closure for Block Party on Yale Street – August 27, 2006 |
Observing
that the letter from Margaret Springer, on behalf of residents in the townhouse
complex at the north east corner of Oak Bay Avenue and Yale Street, opposed the
street closure due to past noise issues, Council noted that the event would not
proceed past 8:00 p.m.
MOVED by Councillor Herbert
Seconded by Councillor
Braithwaite, That permission be given for the closure of Yale Street between the
north side of Theatre Lane and the north end of the street on Sunday, August
27, 2006, from 3:00 p.m. to 8:00 p.m., for the purpose of a neighbourhood block
party.
CARRIED
|
6. |
2006-217 |
SCOUTS CANADA, GREATER
VICTORIA AREA, July 5, 2006 Re 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 Scouts Apple Day fund raising event on public streets
in Oak Bay from 9:00 a.m. to 3:00 p.m. on Saturday, September 30, 2006.
CARRIED
|
7. |
2006-218 |
OAK BAY CROQUET
CLASSIC FESTIVAL, July 17, 2006 Re Application for Amendment to Previous Special Occasion Licence
Approval – Windsor Park |
MOVED by Councillor Jensen
Seconded by Councillor
Braithwaite, That the approval granted on April 24, 2006, for a beer garden in
connection with the “Oak Bay Croquet Classic” event scheduled to be held at
Windsor Park on August 25 and 26, 2006, be amended to allow the serving of hard
liquor, subject to the applicant obtaining the required approvals from the
Liquor Control and Licensing Branch.
CARRIED
|
8. |
2006-219 2006-219-1 |
DIRECTOR OF BUILDING AND PLANNING, July 11, 2006 ALFRED AND PAM BUTTERFIELD, July 21, 2006 Re Uplands Building Permit Application – 2997 Beach Drive |
Councillor
Cassidy reported that the subject property had been examined by the Uplands
Building Permits Subcommittee, which, following its site visit, had been
prepared to recommend approval of the plans for an addition to the dwelling at
2997 Beach Drive as submitted.
Peter
Ciceri, 3065 Surrey Road, said that his home was
directly to the east of 2997 Beach Drive.
He said he understood the desire of the applicants to add living space
above the existing roof line of their house, as the new building under
construction to the south would significantly affect their views. The proposed addition, however, would
overlook his property and detract from the privacy of a bedroom balcony, to the
point, he said, that he would consider applying for a permit to enclose it.
Mr.
Ciceri noted that his property was encumbered by a restrictive covenant in
favour of 2997 Beach Drive. The covenant
limited tree height, the purpose being to preserve views for the benefiting
land. If the proposed addition were to
proceed, Mr. Ciceri said, he would like to have the opportunity to renegotiate
the covenant, as he felt that he would be able to recapture lost privacy by
allowing some of the trees to grow beyond the covenanted height limit.
Responding
to a question from Council, Mr. Ciceri said that if the creation of second
storey space was a given, he did not believe that there were any design changes
the applicants could make in order to mitigate his loss of privacy in a
significant way.
Keith
Baker, KB Designs, speaking on behalf of
the applicants, noted that the proposed addition was very modest in size, and
that the current proposal represented a significant revision to the original
plans, which the Advisory Design Panel had found wanting. He said that the applicants had been
sensitive to neighbourhood concerns, to the point that the proposed ceiling
height of the new space was only 7.5 feet rather than the more standard 8
feet. The exterior roof height,
moreover, was also well below the maximum allowed under the Zoning Bylaw.
Wendy
Brown, 2997 Beach Drive, Applicant, said that
although she and her husband were not prepared to release or amend the covenant
registered in favour of their property against 3065 Surrey Road, they were
willing to be flexible in its enforcement.
She felt that it would be possible to arrive at an arrangement whereby
selected trees could be allowed to grow higher than the covenanted limit,
addressing Mr. Ciceri’s privacy concerns without impeding the views that the
covenant was designed to protect.
MOVED
by Councillor Herbert
Seconded
by Councillor Braithwaite, That the plans for a second storey addition to the
residence at 2997 Beach Drive, as described in the attachments to the
memorandum from the Director of Building and Planning dated July 11, 2006, be
approved as to siting and architectural design.
CARRIED
|
9. |
2006-220 |
DIRECTOR OF BUILDING AND PLANNING, July 11, 2006 Re Uplands Building Permit Application – 3385 Upper Terrace |
MOVED by Councillor
Herbert
Seconded by Councillor Cassidy,
That the plans for the construction of a detached garage and exterior
alterations to the residence at 3385 Upper Terrace be approved as to siting and
architectural design.
CARRIED
|
10. |
2006-222 |
BARBARA PRENDERGAST, [undated] Re Request for Street Closure for Block Party on Hamiota Street –
August 7, 2006 |
MOVED by Councillor Braithwaite
Seconded by Councillor
Jensen, That permission be given for the closure of Hamiota Street on Monday,
August 7, 2006, from 3:45 p.m. to 7:30 p.m., for the purpose of a neighbourhood
block party.
CARRIED
TABLED:
Development Variance
Permit – 975 Beach Drive
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 7, Section 73, Victoria District, Plan 3310 (975 Beach Drive) that will
vary the following section of the Zoning Bylaw, 1986, as amended, to permit the
construction of a new single family dwelling in accordance with the plans
considered by Committee of the Whole on June 19, 2006:
|
Bylaw Section |
Permitted |
Requested |
Variance |
|
6.1.4.(2).(a) Minimum
Front Lot Line Setback |
10.66 m |
7.62 m |
3.04 m |
CARRIED
The question on the main
motion was then called.
CARRIED
Development Variance
Permit – 3570 Beach Drive
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 in respect to Amended Lot 3 (DD65267I),
Block 2, Section 31, Victoria District, Plan 1216A (3570 Beach Drive) that will
vary the following section of the Zoning Bylaw, 1986, as amended, to permit the
construction of a new single family dwelling in accordance with the plans
considered by Committee of the Whole on June 19, 2006:
|
Bylaw Section |
Permitted |
Requested |
Variance |
|
6.2.4 (10) Front Lot
Line Setback |
between
13.6 m and 16.6 m |
19.2 m |
2.6 m |
CARRIED
The question on the main
motion was then called.
CARRIED
Development Variance
Permit – 2757 Dorset Road
MOVED by Councillor Herbert
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 4, Block 43, Section 31,
Victoria District, Plan 8777 (2757 Dorset Road) 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 June 19, 2006:
|
Bylaw Section |
Required |
Requested |
Variance |
|
6.2.4 (2)(c) &
Schedule “C” Minimum Interior Side Lot Line Setback |
3.66
metres |
3.05
metres |
0.61
metres |
|
6.2.4(2)(e) &
Schedule “C” Minimum Total Side Lot Line Setbacks |
8.53
metres |
6.1
metres |
2.43
metres |
CARRIED
The question on the main
motion was then called.
CARRIED
Development Variance
Permit – 2741 Dorset Road
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 in respect to
Lot 5, Block 43, Section 31, Victoria District, Plan 8777 (2741 Dorset Road)
that will vary the following sections of the Zoning Bylaw, 1986, as amended, to
permit the construction of an accessory building on the property in accordance
with the plans attached to the resolution considered by Oak Bay Municipal
Council on June 26, 2006:
|
Bylaw Section |
Required |
Requested |
Variance |
|
6.2.4.(2).(b) Minimum
Rear Lot Line Setback |
1.52 m |
0.61 m |
0.91 m |
|
6.2.4.(2).(c) &
Schedule “C” Minimum Interior Side Lot Line Setback |
3.0 m |
0.61 m |
2.39 m |
and further, that approval be
given for the siting and architectural design of the accessory building.
CARRIED
The question on the main
motion was then called.
CARRIED
RESOLUTIONS:
Development Variance
Permit – 925 Foul Bay 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 the proposed bare land strata subdivision of
925 Foul Bay Road (Lot 1, Sections 23 and 68, Victoria District, Plan 2600,
except parts in Parcel A (DD 239888-I) and in Plan 10577),
which would vary the
requirements of Section 3.6.3 of Bylaw No. 3531, Zoning Bylaw, 1986, to allow the proposed Strata Lots C and D to be
created with a general shape different from the shape of the lots in the
immediate area,
substantially as shown
on the sketch plan of the proposed bare land strata subdivision prepared by
Glen Mitchell Land Surveying Inc., as appended to Committee of the Whole agenda
item #2006-207, being a memorandum from the Director of Building and Planning
dated July 12, 2006, 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 pursuant to his
application of the Bare Land Strata
Regulations, sets a 1˝ storey height limit on any residence constructed on
the proposed Strata Lot D.
MOVED by Councillor Herbert
Seconded by Councillor Cassidy,
That the motion in respect of the development variance permit for 925 Foul Bay
Road be tabled to allow notice to be given in accordance with the Local Government Act.
CARRIED
Development Variance
Permit – 2169 Beaverbrooke Place
MOVED by
Councillor Herbert
Seconded by Councillor Cassidy,
That the Director of Building and Planning be authorized to issue a Development
Variance Permit with respect to 2169 Beaverbrooke Place (Lot 14, Section 22,
Victoria District, Plan 1136), varying the following provisions of Bylaw No.
3531, being the Zoning Bylaw, 1986,
as amended, with respect to the setback of a principal building:
|
Bylaw Section |
Required |
Requested |
Variance |
|
|
|
|
|
|
6.5.4(2)(a) Minimum Front Lot Line Setback |
7.62 m |
5.90 m |
1.72 m |
|
|
|
|
|
|
4.6.5(1) Maximum Stair Projection into Required Front
Setback |
1.2 m |
4.85 m |
3.65 m |
to accommodate the
excavation of an existing basement and reconstruction of front steps, as shown
on the plans appended to Committee of the Whole agenda item #2006-210, being a
memorandum from the Director of Building and Planning dated July 12, 2006.
MOVED by
Councillor Herbert
Seconded by Councillor Cassidy,
That the motion in respect of the development variance permit for 2169
Beaverbrooke Place be tabled to allow notice to be given in accordance with the Local Government Act.
CARRIED
Development Variance
Permit – 2526 Eastdowne Road
MOVED by
Councillor Herbert
Seconded by Councillor Copley,
That the Director of Building and Planning be authorized to issue a Development
Variance Permit with respect to 2526 Eastdowne Road (Lot 5, Section 28,
Victoria District, Plan 8990), varying the following provision of Bylaw No.
3531, being the Zoning Bylaw, 1986,
as amended, with respect to the maximum permissible paved portion of the front
yard of a residential lot:
|
Bylaw Section |
Required |
Requested |
Variance |