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, September 8, 2008 at 7:30 p.m.

 

PRESENT:

Councillor S. F. B. Carson, Acting Mayor

Councillor H. Braithwaite

Councillor A. R. Cassidy

Councillor P. Copley

Councillor J. D. Herbert

STAFF:

Municipal Administrator, W. E. Cochrane

Municipal Clerk, L. Hilton

Confidential Secretary, K. Green

Director of Building and Planning, R. Thomassen

Municipal Treasurer, P. A. Walker

Director of Engineering Services, D. Marshall

 

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

 

ADOPTION OF MINUTES:

 

Council – August 18, 2008

 

MOVED by Councillor Herbert

Seconded by Councillor Copley, That the minutes of the Council meeting held on Monday, August 18, 2008, be adopted.

 

CARRIED

 

Committee of the Whole – September 2, 2008

 

MOVED by Councillor Herbert

Seconded by Councillor Copley, That the minutes of the Committee of the Whole meeting held on Tuesday, September 2, 2008, and the recommendations contained therein, be adopted.

 

CARRIED

 

Special Committee of the Whole – September 3, 2008

 

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That the minutes of the Special Committee of the Whole meeting held on Wednesday, September 3, 2008, and the recommendations contained therein, be adopted.

 

CARRIED

 

COMMUNICATIONS:

 

1.

2008-224

 

2008-224-1

CONSTABLE LARRY WOROCK, COPS FOR CANCER TOUR DE ROCK 2008, [Undated]

OAK BAY BUSINESS IMPROVEMENT ASSOCIATION, September 5, 2008 

Re Request to Reschedule Road Closure for Cops for Cancer Fire Truck Pull – September 14, 2008

 

(Larry Worock, Oak Bay Police and Tour de Rock Participant, in attendance for this item.)

 

Larry Worock noted that the Truck Pull fundraiser event scheduled for August 24, 2008 was cancelled due to poor weather and resulting safety concerns.  The event organizers would like to re-schedule the event for September 14, 2008.

 

MOVED by Councillor Braithwaite

Seconded by Councillor Cassidy, That the Oak Bay Business Improvement Association request to reschedule the temporary road closure and occupancy of Oak Bay Avenue between Wilmot Place and Monterey Avenue, between 10:30 a.m. and 3:30 p.m., for Sunday, September 14, 2008, in relation to the Cops for Cancer Tour de Rock Fire Truck Pull, be approved, subject to the same terms and conditions attached to the original approval given July 21, 2008.

 

CARRIED

 

2.

2008-225

ROYAL VICTORIA MARATHON, August 20, 2008

Re Request for Approval of Royal Victoria Marathon Route – October 12, 2008

 

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That permission be granted for the temporary closures and occupancy of the same streets in Oak Bay used for the Marathon in 2007 and detailed in correspondence item no. 2008-225 for the staging of the 2008 Royal Victoria Marathon on Sunday, October 12, 2008, subject to the event organizer entering into a public property occupancy agreement in which it will among other standard requirements:

 

1)         release and indemnify the Municipality from any claims or liability associated with the event and providing evidence of public liability insurance in the amount of not less than $3,000,000;

2)         agree to pay all invoices from the Municipality for costs incurred in connection with the event;

3)         agree to obtain Oak Bay Police approval for a traffic plan and implement the same subject to any field instructions from the Police; and

4)         deliver written notice to all occupiers of property adjoining any roads to be closed for the event;

 

with the Municipal Clerk being authorized to execute such agreement on behalf of the District.

 

CARRIED

 

3.

2008-226

 

ANNE FULLER, August 22, 2008

Re Request for Temporary Road Closure for Block Party – Roslyn Road, September 13, 2008

 

MOVED by Councillor Cassidy

Seconded by Councillor Copley, That permission be given for the closure of Roslyn Road, north of Windsor Road, on Saturday, September 13, 2008, from 4:00 p.m. to 7:00 p.m., for the purpose of a neighbourhood block party. 

 

CARRIED

 

4.

2008-227

 

JAMES CHANEY, [Undated]

Re Request for Temporary Road Closure for Block Party – 2900 Block Westdowne  Road, September 13, 2008

 

MOVED by Councillor Cassidy

Seconded by Councillor Copley, That permission be given for the closure of the 2900 block of Westdowne Road on Saturday, September 13, 2008, from 12:00 p.m. to 2:00 p.m., for the purpose of a neighbourhood block party. 

 

CARRIED

 

5.

2008-228

VICTORIA REMEMBRANCE DAY COMMITTEE POPPY FUND,

August 27, 2008

Re Request for Tag Days

 

MOVED by Councillor Cassidy

Seconded by Councillor Herbert, That permission be granted to the Victoria Remembrance Day Committee Poppy Fund to conduct the sale of poppies in public places in Oak Bay from October 31, 2008 to November 11, 2008.

 

CARRIED

 

Correspondence re Items Appearing Later on Agenda:

 

6.

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 

Re Development Variance Permit –  2156 Brighton Avenue

 

MOVED by Councillor Braithwaite

Seconded by Councillor Copley, That correspondence items no. 2008-214 to 2008-214-2 be received.

 

CARRIED

 

7.

2008-229

 

JACQUELINE SHOFFNER, August 27, 2008 

Re Development Variance Permit –  2075 Kings Road

 

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That correspondence item no. 2008-229 be received.

 

CARRIED

 

8.

2008-230

 

G. A. MAYHEW, [Undated] 

Re Development Variance Permit –  2770 Thorpe Place

 

MOVED by Councillor Copley

Seconded by Councillor Braithwaite, That correspondence item no. 2008-230 be received.

 

CARRIED

 

NEW BUSINESS:

 

Capital Regional District Arts Committee–Community Arts Matching Grant Program

 

Councillor Copley asked members of Council if they would give further thought to the proposed Capital Regional District Arts Committee Matching Grant Program to help support the community arts that had been discussed at a previous meeting of Council, and relay any comments to her as soon as possible.

 

TABLED:

 

Development Variance Permit (Revised) – 2156 Brighton Avenue

 

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 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

3.05 m

4.57 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 setback

 

Front trellis setback

 

 

 

 

6.42 m

 

6.42 m

 

 

 

0.30 m

 

1.80 m

 

 

 

6.12 m

 

4.62 m

 

to accommodate the proposed new single family dwelling, as shown on the plans attached to Committee of the Whole agenda item #2008-186, being a memorandum from the Director of Building and Planning dated June 30, 2008.

 

CARRIED

 

The question on the main motion was then called.

 

CARRIED

 

 

 

Development Variance Permit – 2075 Kings Road

 

MOVED by Councillor Herbert

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 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.

 

CARRIED

 

The question on the main motion was then called.

 

CARRIED

 

Development Variance Permit – 2770 Thorpe Place

 

MOVED by Councillor Cassidy

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 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.

 

CARRIED

 

John Murray, neighbouring resident, was in attendance to advise Council that through planning and discussions with the applicants in respect to the proposed development he feels the revised plans are acceptable.

 

The question on the main motion was then called.

CARRIED

 

RESOLUTIONS:

 

Traffic Control Order No. 2008-07 (Parking Restrictions – 1725 Beach Drive)

 

MOVED by Councillor Herbert

Seconded by Councillor Copley, That:

 

1.      That a sign be erected and a white line be painted on the curb adjacent to 1725 Beach Drive, as shown on the sketch attached hereto, to designate an area 10 metres in length as a “Passenger Zone” wherein vehicles may be parked for not more that fifteen (15) minutes duration at any one time.

 

2.      That signs be erected to indicate that parking in the four spaces adjacent to 1725 Beach Drive, as shown on the sketch attached hereto, is restricted to two (2) hours in duration between 9:00 a.m. and 5:00 p.m., Monday to Friday.

 

CARRIED

 

Canada BC Building Canada Fund Grant Application (Paving Portion of Beach Drive)

 

MOVED by Councillor Cassidy

Seconded by Councillor Herbert, That staff be authorized to submit an application for a grant under the Canada BC Building Canada Fund – Communities Component for funding of two-thirds of the cost to rehabilitate the road surface of the section of Beach Drive between Newport Avenue and King George Terrace.

 

Responding to a comment from Acting Mayor Carson, made on behalf of Mayor Causton with respect to the initiative of the grant application for funding to pave a portion of Beach Drive, the Municipal Administrator advised that the funding request was staff initiated, in order to take advantage of the two-thirds funding that may be available through a Building Canada Fund for the repaving project which has been on the Engineering Department’s work list for many years.

 

Referring to past issues with respect to the retaining wall along a portion of Beach Drive, the Director of Engineering Services noted that through regular monitoring of the area no apparent undermining has been found by the Engineering Department.

 

The question was then called.

 

CARRIED

 

BYLAWS:

 

For Adoption

 

MOVED by Councillor Herbert

Seconded by Councillor Braithwaite, That Bylaw No. 4429, Streets and Traffic Bylaw Amendment Bylaw No. 2, 2008, be adopted.

 

 CARRIED

 

 

For First, Second and Third Reading

 

MOVED by Councillor Copley

Seconded by Councillor Braithwaite, That Bylaw No. 4430, Greater Victoria Public Library Operating Agreement Authorization Bylaw, 2008, be introduced and read a first time.

 

CARRIED

 

MOVED by Councillor Copley

Seconded by Councillor Braithwaite, That Bylaw No. 4430, Greater Victoria Public Library Operating Agreement Authorization Bylaw, 2008, be read a second time.

 

CARRIED

 

MOVED by Councillor Copley

Seconded by Councillor Braithwaite, That Bylaw No. 4430, Greater Victoria Public Library Operating Agreement Authorization Bylaw, 2008, be read a third time.

 

CARRIED

 

MOVED by Councillor Braithwaite

Seconded by Councillor Herbert, That Bylaw No. 4431, Streets and Traffic Bylaw Amendment Bylaw No. 3, 2008, be introduced and read a first time.

 

CARRIED

 

MOVED by Councillor Braithwaite

Seconded by Councillor Herbert, That Bylaw No. 4431, Streets and Traffic Bylaw Amendment Bylaw No. 3, 2008, be read a second time.

 

CARRIED

 

MOVED by Councillor Braithwaite

Seconded by Councillor Herbert, That Bylaw No. 4431, Streets and Traffic Bylaw Amendment Bylaw No. 3, 2008, be read a third time.

 

CARRIED

 

MOVED by Councillor Braithwaite

Seconded by Councillor Herbert, That Bylaw No. 4432, Tree Protection Bylaw Amendment Bylaw No. 2, 2008, be introduced and read a first time.

 

CARRIED

 

MOVED by Councillor Braithwaite

Seconded by Councillor Herbert, That Bylaw No. 4432, Tree Protection Bylaw Amendment Bylaw No. 2, 2008, be read a second time.

CARRIED

 

MOVED by Councillor Braithwaite

Seconded by Councillor Herbert, That Bylaw No. 4432, Tree Protection 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 7:50 p.m.

 

 

Certified Correct:

 

 

 

 

_______________________________

Municipal Clerk

 

 

________________________________

Acting Mayor