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 8, 2006.

 

 

PRESENT:

Mayor C. M. Causton

Councillor H. Braithwaite

Councillor S. F. B. Carson

Councillor A. R. Cassidy

Councillor P. Copley

Councillor N. B. Jensen

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

Municipal Engineer, S. G. Pitt

 

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

 

MINUTES OF MEETING:

 

Council – April 24, 2006

 

MOVED by Councillor Jensen

Seconded by Councillor Cassidy, That the minutes of the Council meeting held on Monday, April 24, 2006, be adopted.

 

CARRIED

 

Special Council – May 1, 2006

 

MOVED by Councillor Jensen

Seconded by Councillor Cassidy, That the minutes of the Special Council meeting held on Monday, May 1, 2006, be adopted.

 

CARRIED

 

Committee of the Whole – May 1, 2006

 

MOVED by Councillor Jensen

Seconded by Councillor Copley, That the minutes of the Committee of the Whole meeting held on Monday, May 1, 2006, and the recommendations contained therein, be adopted.

 

It was suggested that staff take a fresh look at the Floor Area Ratio provisions and the Review Committee’s recommendations, and bring forward any further information or suggestions they may have in this regard.

 

The question was then called.

 

CARRIED

 

 

 

COMMUNICATIONS:

 

1.

2006-139

ORGANIZING COMMITTEE, VANCOUVER ISLAND EMERGENCY PREPAREDNESS CONFERENCE,

April 23, 2006

Re Request for Grant – Municipal Pins

 

Mayor Causton stated that Item No. 2006-139 could be withdrawn from the agenda as the Centennial Committee has already organized a donation to the conference.

 

 

2.

2006-140

OAK BAY HERITAGE STEERING COMMITTEE,

April 13, 2006

Re Minutes of Meeting

 

MOVED by Councillor Jensen

Seconded by Councillor Braithwaite, That the minutes of the Oak Bay Heritage Steering Committee meeting held on April 13, 2006 be received.

 

CARRIED

 

3.

2006-141

2006-141-1

2006-141-2

L. P. O’CONNELL, February 23, 2006

CATHERINE HOLT AND JOHN STEPHENSON, April 24, 2006

WILLIAM KASTELIC, April 24, 2006

Re Uplands Building Permit Application/Development Variance Permit Application – 3030 Devon Road

 

Moved by Councillor Jensen

Seconded by Councillor Braithwaite, That Item Nos. 2006-141, 2006-141-1 and 2006-141-2 be received.

 

CARRIED

 

4.

2006-142

R. F. WALLACE & BETTY MOLNAR, [undated]

Re Development Variance Permit Application –

1621 Prospect Place

 

Moved by Councillor Jensen

Seconded by Councillor Braithwaite, That Item No. 2006-142 be received.

 

CARRIED

 

REPORT FROM CAPITAL REGIONAL DISTRICT DIRECTOR:

 

Mayor Causton provided an update on the progress on Galiano Island’s Matthews Point land purchase by the Capital Regional District, saying that this is the last portion of land along Active Pass to be purchased, and, he said, the residents are ecstatic with the outcome.

 

 

 

NEW BUSINESS/REPORTS FROM OTHER COMMITTEES:

 

Councillor Copley noted that she attended the CRD Arts Committee April 22nd at the Oak Bay Recreation Centre and that a report of the meeting would be forthcoming.  Councillor Copley said that the service and food provided by the Sports View Deli Bar & Grill was outstanding.

 

TABLED:

 

Development Variance Permit – 3030 Devon Road

 

In reply to Mayor Causton, the Director of Building and Planning gave a brief overview of the old versus the new Uplands side lot line set back regulations.

 

MOVED by Councillor Jensen

Seconded by Councillor Cassidy, 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 45, Section 31, Victoria District, Plan 8777 (3030 Devon 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 April 18, 2006:

 

Bylaw Section

Required

Requested

Variance

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

4.57 metres

3.07 metres

1.5 metres

6.2.4 (2)(e) & Schedule “C” Minimum Total Side Lot Line Setback

12.19 metres

9.77 metres

2.42 metres

 

CARRIED

 

Responding to questions regarding the neighbours concerns as indicated in Item No. 142-1 with respect to the fencing and the garden shed location in the backyard, Mr. Beattie advised Council that the garden shed, which is non-conforming, may have been built without a building permit.  However, he noted, the owners will relocate the shed to an acceptable site, where it will conform to the Zoning Bylaw regulations.

 

Mr. Beattie responded to further questions from members of Council with respect to the issues raised in the correspondence received from the neighbours.  

 

Ken Bartesko, Distinctive Designs, in attendance on behalf of the applicants, responded to questions regarding the shrubbery at 3030 Devon Road and said that one holly tree would be removed and some pruning back of vegetation is planned.  As well, as requested by neighbours, a Cedar hedge will be planted along the north side of the property, he said.  

 

The question on the main motion was then called.

 

CARRIED

 

 

Development Variance Permit – 1621 Prospect Place

 

MOVED by Councillor Jensen

Seconded by Councillor Cassidy, 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 A, Section 69, Victoria District, Plan VIP73276 (1621 Prospect Place) that will vary the following section 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 April 18, 2006:

 

Bylaw Section

Required

Requested

Variance

6.5.4.(2).(a) Minimum Front Lot Line Setback

7.62 metres

3.0 metres

4.62 metres

 

CARRIED

 

The question on the main motion was then called.

 

CARRIED

 

 

RESOLUTIONS:

 

Development Variance Permit – 2065 Carnarvon Street

 

Moved by Councillor Jensen

Seconded by Councillor Cassidy, That the Director of Building and Planning be authorized to issue a Development Variance Permit in respect to Lot 13, Block 1, Section 28, Victoria District, Plan 1154 (2065 Carnarvon Street) that will vary the following section of the Zoning Bylaw, 1986, as amended, to permit construction of a single family dwelling on the property in accordance with the plans considered by Committee of the Whole on May 1, 2006:

 

Bylaw Section

Permitted

Requested

Variance

4.6.5.(2). Maximum Projection into Interior Side Setback

450 millimetres

600 millimetres

150 millimetres

 

Moved by Councillor Jensen

Seconded by Councillor Cassidy, That the resolution in respect to the Development Variance Permit for 2065 Carnarvon Street be tabled to enable notice to be given in accordance with the Local Government Act.

 

CARRIED

 

 

 

 

 

 

Development Variance Permit –2032 Penzance Road

 

Moved by Councillor Jensen

Seconded by Councillor Cassidy, That the Director of Building and Planning be authorized to issue a Development Variance Permit in respect to N ˝ of Lot 14, Block 6, Section 46, Victoria District, Plan 1250 (2032 Penzance Road) that will vary the following section of the Zoning Bylaw, 1986, as amended, to permit the renovation of the single family dwelling in accordance with the plans considered by Committee of the Whole on May 1, 2006:

 

Bylaw Section

Required

Requested

Variance

6.5.4.(2).(a) Minimum Front Lot Line Setback

7.62 metres

6.40 metres

1.22 metres

 

Moved by Councillor Jensen

Seconded by Councillor Cassidy, That the resolution in respect to the Development Variance Permit for 2032 Penzance Road be tabled to enable notice to be given in accordance with the Local Government Act.

 

CARRIED

 

 

Appointment of Animal Control Officers

 

MOVED by Councillor Jensen

Seconded by Councillor Copley, That the following Capital Regional District Animal Control Officers, for as long as they are so employed and acting in the course of their duties, and for as long as the Capital Regional District is contracted to provide animal control services for the District of Oak Bay, be appointed as animal control officers for the District of Oak Bay pursuant to Sections 49 and 264(1)(b) of the Community Charter:

 

            Wayne Brown

            Phil Williams

            Michael Crowe

 

CARRIED

 

 

Councillor Attendance at the Sustainable Municipality Seminar – May 12, 2006

 

Moved by Councillor Cassidy

Seconded by Councillor Jensen, That Council approve the attendance of Councillor Copley at the Sustainable Municipality Seminar on May 12, 2006, and payment of the $160.00 registration fee.

 

CARRIED

 

 

 

 

 

BYLAWS:

 

FOR FINAL ADOPTION

 

Moved by Councillor Jensen

Seconded by Councillor Cassidy, That the following Bylaws be finally adopted:

 

Bylaw No. 4309, Financial Plan Bylaw, 2006;

Bylaw No. 4310, Capital Works and Equipment Reserve Fund Appropriation Bylaw, 2006;

Bylaw No. 4311, Fire Machinery and Equipment Depreciation Reserve Fund Appropriation Bylaw, 2006;

Bylaw No. 4312, Heritage Reserve Fund Appropriation Bylaw, 2006;

Bylaw No. 4313, Land Sale Reserve Fund Appropriation Bylaw, 2006;

Bylaw No. 4314, Machinery and Equipment Depreciation Reserve Fund Appropriation Bylaw, 2006;

Bylaw No. 4315, Refuse and Recyclables Collection and Disposal Bylaw Amendment Bylaw, 2006;

Seconded by Councillor Cassidy, Bylaw No. 4316, Boulevard Frontage Tax Bylaw Amendment Bylaw, 2006; and

Bylaw No. 4317, Tax Rates Bylaw, 2006, be finally adopted.

 

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:

 

1)  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; and

2) the acquisition, disposition or expropriation of land or improvements if the Council   considers that disclosure might reasonably be expected to harm the interests of the Municipality.

 

CARRIED

 

The meeting adjourned at 7:52 p.m.

 

 

 

Certified Correct

 

 

 

 

Municipal Clerk

 

 

 

 

 

Mayor