MINUTES of a regular meeting of the MUNICIPAL COUNCIL of The Corporation of the District of Oak Bay, held in the Council Chamb

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, May 26, 2008 at 7:30 p.m.

PRESENT:

Mayor C. M. Causton, Chairman

Councillor H. Braithwaite

Councillor S. F. B. Carson

Councillor A. R. Cassidy

Councillor J. D. Herbert

Councillor N. B. Jensen

STAFF:

Municipal Administrator, W. E. Cochrane

Municipal Clerk, L. Hilton

Director of Building and Planning, N. Beattie

Municipal Treasurer, P. A. Walker

Design Engineer, R. Ding

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

MINUTES:

Council – May 12, 2008

MOVED by Councillor Herbert

Seconded by Councillor Carson, That the minutes of the Council meeting held on Monday, May 12, 2008, be adopted.

CARRIED

Committee of the Whole – May 20, 2008

MOVED by Councillor Herbert

Seconded by Councillor Carson, That the minutes of the Committee of the Whole meeting held on Tuesday, May 20, 2008, and the recommendations contained therein, be adopted.

CARRIED

COMMUNICATIONS:

2008-143

BAYNE DEAN, May 15, 2008

Re Request for Road Closure for Block Party on Byron Street – July 1, 2008

MOVED by Councillor Jensen

Seconded by Councillor Braithwaite, That permission be given for the closure of Byron Street on Tuesday, July 1, 2008, from 1:00 o’clock p.m. to 5:00 o’clock p.m., for the purpose of a neighbourhood block party.

CARRIED

2008-144

DIANE MACRAE AND JACKIE CAMPBELL, May 16, 2008

Re Request for Road Closure for Block Party on St. Patrick Street – July 1, 2008

MOVED by Councillor Jensen

Seconded by Councillor Braithwaite, That permission be given for the closure of St. Patrick Street between Beach Drive and Central Avenue on Tuesday, July 1, 2008, from 9:00 o’clock a.m. to 12:00 o’clock p.m., for the purpose of a neighbourhood block party.

CARRIED

2008-145

ED WALKER, May 20, 2008

Re Request for Road Closure for Block Party on Pacific Avenue – July 1, 2008

MOVED by Councillor Jensen

Seconded by Councillor Braithwaite, That permission be given for the closure of Pacific Avenue between Eastdowne Road and Cadboro Bay Road on Tuesday, July 1, 2008, from 1:00 o’clock p.m. to 6:00 o’clock p.m., for the purpose of a neighbourhood block party.

CARRIED

2008-146

DIRECTOR OF ENGINEERING SERVICES, May 21, 2008

Re Development Variance Permit – 218 Beach Drive

It was noted that the Engineering Department had been requested to look at issues in relation to the request for a development variance permit for a proposed arbour at 218 Beach Drive that were raised at the May 12, 2008 Council meeting. Attention was drawn to the recommendations in the memorandum from the Director of Engineering Services, and the Design Engineer, responding to questions from Council, advised that based on accident information at the intersection there is no need for a stop sign on Beach Drive, heading south west at King George Terrace.

With respect to the sightline issues raised regarding the proposed location of an arbour, it was noted that through discussions with the applicant’s representative, Mr. Dale Dziwenka, Waterform Design Inc., the proposed location of the arbour has been moved to the west to eliminate its impingement on the traffic sightlines. The resolution to address the new plans, it was noted, appears later in the agenda for consideration.

MOVED by Councillor Jensen

Seconded by Councillor Braithwaite, That correspondence item no. 2008-146 be received.

CARRIED

NEW BUSINESS/REPORTS FROM OTHER COMMITTEES:

Food Roots Pocket Market Request

Councillor Jensen drew attention the recommendation from the Parks and Recreation Commission contained in the May 20, 2008 Committee of the Whole minutes with respect to the request for a local produce market to be held at the Recreation Centre, noting his desire to see bylaw amendments to allow local produce stands.

Councillor Carson reiterated what had transpired at the Commission meeting, as reported at Committee of the Whole, noting that there was still an opportunity for the Food Roots organization to report back to Commission with information regarding the anticipated impact on the Recreation Centre and make another request to conduct a market there.

TABLED:

Development Variance Permit – 218 Beach Drive

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 with respect to 218 Beach Drive (Lot 5, Section 22, Victoria District, Plan 5604) that will vary the following provisions of Bylaw No. 3531, being the Zoning Bylaw, 1986, as amended:

Bylaw Section	Required	Requested	Variance

4.15.1 Maximum Area of Paved Surfacing	25% (47.5 sq m)	35% (66.3 sq m)	10% (18.8 sq m)

6.4.4. (2) (a) Minimum Front Lot Line Setback	7.62 m	2.44 m	5.18 m

to accommodate a paved turnaround area in the front yard and the construction of an arbour, as shown on the plans attached to Committee of the Whole agenda item #2008-117, being a memorandum from the Director of Building and Planning dated April 16, 2008.

CARRIED

MOVED by Councillor Herbert

Seconded by Councillor Jensen, That the motion be amended by deleting the words “to accommodate a paved turnaround area in the front yard and the construction of an arbour, as shown on the plans attached to Committee of the Whole agenda item #2008-117, being a memorandum from the Director of Building and Planning dated April 16, 2008” and replacing them with the words “to accommodate a paved turnaround area in the front yard, as shown in the plans attached to Committee of the Whole agenda item #2008-117, being a memorandum from the Director of Building and Planning dated April 16, 2008, and to accommodate the construction of an arbour as shown in the plan dated May 23, 2008, attached to the resolution printed for the purposes of the May 26, 2008 Council meeting, with the arbour, in any event, to be located outside of the area shown in the visibility triangle included in the plan attached to agenda item #2008-146, being a memorandum from the Director of Engineering Services dated May 22, 2008.”

CARRIED

The question on the main motion as amended was then called.

CARRIED

Development Variance Permit – 766 Oliver Street

MOVED by Councillor Jensen

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 766 Oliver Street (Lot 21, Section 22, Victoria District, Plan 1092) that will vary the following provisions of Bylaw No. 3531, being the Zoning Bylaw, 1986, as amended:

Bylaw Section	Required	Requested	Variance

6.5.4. (6) (a) Gross Floor Area	360 sq m	444 sq m	84 sq m

6.5.4. (6) (a) Gross Floor Area Higher than 0.8m Below Grade	240 sq m	444 sq m	204 sq m

6.5.4. (3) (b) Maximum Occupiable Height	4.27 m	4.75 m	0.48 m

6.5.4.(3) (a) Maximum Building Height	6.83 m	6.90 m	0.07 m

6.5.4. (2) (c) Interior Side lot Line Setback	1.52 m	1.3 m	0.22 m

6.5.4. (2) (e) Total Side lot Line Setback	4.57 m	4.42 m	0.15 m

6.5.4. (11) Second Storey Interior Side lot Line Setback	3.0 m	2.44 m	0.56 m

to accommodate a main floor and new second storey addition to the single family dwelling, as shown on the plans attached to Committee of the Whole agenda item #2008-131, being a memorandum from the Director of Building and Planning dated April 18, 2008.

CARRIED

The question on the main motion was then called.

CARRIED

RESOLUTIONS:

Summertime Meeting Schedule

MOVED by Councillor Jensen

Seconded by Councillor Braithwaite, That Council’s regular meeting schedule be suspended for the months of July and August 2008, and that the following schedule be substituted:

July 2008

Committee of the Whole July 14, 2008 @ 7:30 p.m.

Council July 21, 2008 @ 7:30 p.m.

August 2008

Committee of the Whole August 11, 2008 @ 7:30 p.m.

Council August 18, 2008 @ 7:30 p.m.

CARRIED

BYLAWS:

For Adoption

Bylaw No. 4414

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That Bylaw No. 4414, Mayor and Councillors Annual Indemnity Bylaw Amendment Bylaw No. 1, 2008, be adopted.

CARRIED

For First, Second, and Third Reading

Bylaw No. 4415

MOVED by Councillor Jensen

Seconded by Councillor Herbert, That Bylaw No. 4415, Driveway Access Bylaw Amendment Bylaw No. 1, 2008, be introduced and read a first time.

CARRIED

MOVED by Councillor Jensen

Seconded by Councillor Herbert, That Bylaw No. 4415, Driveway Access Bylaw Amendment Bylaw No. 1, 2008, be read a second time.

CARRIED

MOVED by Councillor Jensen

Seconded by Councillor Herbert, That Bylaw No. 4415, Driveway Access Bylaw Amendment Bylaw No. 1, 2008, be read a third time.

CARRIED

Bylaw No. 4416

MOVED by Councillor Herbert

Seconded by Councillor Jensen, That Bylaw No. 4416, Parking Facilities Bylaw Amendment Bylaw No. 2, 2008, be introduced and read a first time.

CARRIED

MOVED by Councillor Herbert

Seconded by Councillor Jensen, That Bylaw No. 4416, Parking Facilities Bylaw Amendment Bylaw No. 2, 2008, be read a second time.

CARRIED

MOVED by Councillor Herbert

Seconded by Councillor Jensen, That Bylaw No. 4416, Parking Facilities Bylaw Amendment Bylaw No. 2, 2008, be read a third time.

CARRIED

ADJOURNMENT:

MOVED by Councillor Braithwaite

Seconded by Councillor Cassidy, That the meeting of Council be adjourned.

CARRIED

The meeting adjourned at 7:53 p.m.

Certified Correct:

_______________________________

Municipal Clerk

________________________________

Mayor