MINUTES OF THE

PLANNING & LAND USE COMMITTEE MEETING

HELD THURSDAY, JULY 3, 2014, 9:00 A.M.

 

 

 

1.              THE CHAIR CALLED THE MEETING TO ORDER AT 9:00 A.M. 

 

 

Committee Members Present:              Acting Mayor Coleman (Chair); Councillors Alto, Helps, Isitt, Madoff, Thornton-Joe and Young.

 

Absent:              Mayor Fortin and Councillor Gudgeon

Staff Present:              J. Johnson City Manager; D. Day – Director of Sustainable Planning and Community Development; R. Woodland – Director of Legislative & Regulatory Services; A. Meyer Assistant Director of Development Services; L. Baryluk – Senior Process Planner; H. Cain – Senior Planner; B. Sikstrom – Senior Planner; M. Wilson Senior Planner; S. Hutchison – Transportation Planner; M. Frankl – Bylaw Officer; C. Havelka - Recording Secretary.

  1.                APPROVAL OF THE AGENDA

              Committee considered the following amendments to the Agenda:

 

Meeting:

 

Action:              It was moved by Councillor Helps, seconded by Councillor Alto, that the Agenda of the July 3, 2014, Planning & Land Use Committee meeting be approved as amended.

CARRIED UNANIMOUSLY 14/PLUC0146

 

 

  1. CONSENT AGENDA

 

The Chair canvassed Committee who approved bringing forward the following items for approval:

 

 

 

3.1              Minutes of the Meeting held June 19, 2014.

 

Action:              It was moved by Councillor Helps, seconded by Councillor Alto, that the Minutes from the Planning & Land Use Committee meeting held June 19, 2014, be approved.

CARRIED UNANIMOUSLY 14/PLUC0147

 

 

3.2              Rezoning Application # 00437 for 1314 Pembroke Street

 

Committee received a report dated June 19, 2014 from Sustainable Planning & Community Development that provided information, analysis and recommendations regarding a Rezoning Application and Development Permit for the property at 1314 Pembroke Street.  The applicant proposes to rezone the property from the R2-Zone (Two Family Dwelling District) to a new zone that would permit a small-lot development, to subdivide the land and to construct three new small-lot houses.

 

Action:              It was moved by Councillor Helps, seconded by Councillor Alto, that Committee recommends:

  1. a.              That Council instruct staff to prepare the necessary Zoning Regulation Bylaw amendments that would authorize the proposed development outlined in Rezoning Application #00437 for 1314 Pembroke Street;
  1. That Council consider giving first and second reading to the Zoning Regulation Bylaw amendments;
  2. That Council schedule a Public Hearing after the Zoning Regulation Bylaw amendment has received first and second reading.
  1. Subject to the adoption of the Zoning Regulation Bylaw amendment for 1314 Pembroke Street, that Council authorize the issuance of the Development Permit for 1314 Pembroke Street, in accordance with:

a.                      Plans for Rezoning Application #00437 stamped January 21, 2014;

b.                   Development meeting all Zoning Regulation Bylaw requirements;

c.                   Final plans to be generally in accordance with plans identified above.

 

CARRIED UNANIMOUSLY 14/PLUC0148

 

 

3.3              Development Permit Application # 000373 for 530 Discovery Street

 

              Committee received a report dated June 19, 2014 from Sustainable Planning & Community Development that provided information, analysis and recommendations regarding a Development Permit Application for the property located at 530 Discovery Street. The application is to install a mechanical penthouse 2 m above the existing brewery roof and add seven new silos.

 

Action:              It was moved by Councillor Helps, seconded by Councillor Alto, that Committee recommends that Council authorize the issuance of a Development Permit for 530 Discovery Street, in accordance with:

1.                  Plans stamped “Development Permit Application #000373 dated June 12, 2014.

2.                  Development meeting all Zoning Regulation Bylaw requirements.

3.                  Final plans to be in accordance with the plans identified above, to the satisfaction of the Director of Sustainable Planning and Community Development.

 

CARRIED UNANIMOUSLY   14/PLUC149

 

 

3.4              Development Permit Application # 000363 for 1498 Myrtle Street

 

              Committee received a report dated June 11, 2014 from Sustainable Planning & Community Development that provided information, analysis and recommendations regarding a Development Permit Application to allow the construction of an accessory building on a property that is subject to Development Permit Area 15A, Intensive Residential, Small Lot.  The current proposal is to construct a 7.4 m2 accessory building (garden shed) in the rear yard of an existing lot.

 

Action:              It was moved by Councillor Helps, seconded by Councillor Alto, that Committee recommends that Council authorize the issuance of Development Permit #000363 for 1498 Myrtle Avenue in accordance with:

1.              Plans stamped June 11, 2014.

2.               Development meeting all Zoning Regulation Bylaw requirements.

3.              Final plans to be in accordance with the plans identified above to the satisfaction of the Director of Sustainable Planning and Community Development.

 

CARRIED UNANIMOUSLY   14/PLUC150

 

 

  1. DECISION REQUEST

 

Councillor Isitt excused himself from the meeting at 9:04 a.m. due to a non-pecuniary conflict of interest as he has a personal relationship with a resident in the adjacent building.

 

4.2              Rezoning Application # 00441 and Development Permit # 000353 for 105 and 109 Wilson Street

 

Committee received a report dated June 19, 2014 from Sustainable Planning & Community Development that provided information, analysis and recommendations regarding a Rezoning Application and Development Permit Application for the property located at 105 and 109 Wilson Street.  The proposal is to rezone the property from the SMD-13 Zone (Songhees Social/Residential District) to a new zone to permit an increase in density for the construction of a 10-storey, multi-unit residential building with one level of underground parking.  A concurrent Development Permit Application has also been submitted.

 

Action:              It was moved by Councillor Helps, seconded by Councillor Thornton-Joe, that Committee recommends that Council authorize:

  1.                a.              That staff be instructed to prepare the necessary Zoning Regulation Bylaw amendment that would authorize the proposed development outlined in Rezoning Application #00441 for 105 and 109 Wilson Street;

b.              That Council consider giving first and second reading to the Zoning Regulation Bylaw amendment after the bylaws have been drafted;

c.              That Council schedule a Public Hearing after the Zoning Regulation Bylaw amendment has received first and second reading, subject to the completion of the following:

  1. Plan revisions to be completed to the satisfaction of the Director of Sustainable Planning and Community Development to address outstanding technical requirements attributed to the proposed parking layout and to refine the landscape plan,
  2. The provision of a sewer attenuation study, prior to Public Hearing to the satisfaction of the Director of Engineering and Public Works,
  3. If it is determined by the Director of Engineering and Public Works that sewer attenuation measures are required, registration of a legal agreement against the title of the property, prior to Public Hearing, securing the owner’s commitment to install sewer attenuation measures, to the satisfaction of the City Solicitor and the Director of Engineering and Public Works.
  4. The registration of a legal agreement to secure a 0.86 m statutory right-of-way on the Wilson Street frontage to the satisfaction of the City Solicitor and the Director of Engineering and Public Works.
  1.                a.              That staff be instructed to prepare the necessary Housing Agreement Bylaw that would secure the rental tenure of all of the proposed residential dwelling units within Phase 2 at 105 and 109 Wilson Street and designate a total of 84 units of non-market rental housing and 24 units of near market rental housing.

b.              That Council consider giving first and second reading to the Housing Agreement Bylaw after the bylaws have been drafted;

c.              That Council schedule a Public Hearing after the Housing Agreement Bylaw has received first and second reading.

3.              Following the Hearing, and subject to adoption of the Zoning Regulation Bylaw amendments and Housing Agreement Bylaw for 105 and 109 Wilson Street, that Council authorize the issuance of the Development Permit generally in accordance with:

  1. Plans for Rezoning Application #00441, stamped June 6, 2014, development meeting all Zoning Regulation Bylaw requirements;

b.              Final plans to be generally in accordance with plans identified above to the satisfaction of the Director of Sustainable Planning and Community Development.

 

              Committee discussed the following:

 

Action:              It was moved by Councillor Madoff, seconded by Councillor Young, that Committee amend the motion as follows:

 

              That Council authorize:

  1.                a.              That staff be instructed to prepare the necessary Zoning Regulation Bylaw amendment that would authorize the proposed development outlined in Rezoning Application #00441 for 105 and 109 Wilson Street;

b.              That Council consider giving first and second reading to the Zoning Regulation Bylaw amendment after the bylaws have been drafted;

c.              That Council schedule a Public Hearing after the Zoning Regulation Bylaw amendment has received first and second reading, subject to the completion of the following:

  1. Plan revisions to be completed to the satisfaction of the Director of Sustainable Planning and Community Development to address outstanding technical requirements attributed to the proposed parking layout and to refine the landscape plan,
  2. The provision of a sewer attenuation study, prior to Public Hearing to the satisfaction of the Director of Engineering and Public Works,
  3. If it is determined by the Director of Engineering and Public Works that sewer attenuation measures are required, registration of a legal agreement against the title of the property, prior to Public Hearing, securing the owner’s commitment to install sewer attenuation measures, to the satisfaction of the City Solicitor and the Director of Engineering and Public Works.
  4. The registration of a legal agreement to secure a 0.86 m statutory right-of-way on the Wilson Street frontage to the satisfaction of the City Solicitor and the Director of Engineering and Public Works.
  1.                a.              That staff be instructed to prepare the necessary Housing Agreement Bylaw that would secure the rental tenure of all of the proposed residential dwelling units within Phase 2 at 105 and 109 Wilson Street and designate a total of 84 units of non-market rental housing and 24 units of near market rental housing.

b.              That Council consider giving first and second reading to the Housing Agreement Bylaw after the bylaws have been drafted;

c.              That Council schedule a Public Hearing after the Housing Agreement Bylaw has received first and second reading.

d.                   That the application be referred to the Advisory Design Panel with particular attention to massing, the location of the entrance-way and the impact of sun and shading and the neighbourliness of the building.

3.              Following the Hearing, and subject to adoption of the Zoning Regulation Bylaw amendments and Housing Agreement Bylaw for 105 and 109 Wilson Street, that Council authorize the issuance of the Development Permit generally in accordance with:

  1. Plans for Rezoning Application #00441, stamped June 6, 2014, development meeting all Zoning Regulation Bylaw requirements;

b.              Final plans to be generally in accordance with plans identified above to the satisfaction of the Director of Sustainable Planning and Community Development.

 

              Committee discussed the amendment as follows:

On the amendment:

CARRIED   14/PLUC151

For:              Acting Mayor Coleman, Councillors Madoff, Thornton-Joe and Young

Against:              Councillors Alto and Helps

On the main motion as amended:

CARRIED UNANIMOUSLY   14/PLUC152

 

A Committee member requested that Vic West Community Association be contacted to submit a letter on this application.  Staff advised that they have been in contact with the community association and will continue with that outreach.

 

Councillor Isitt returned to the meeting at 9:26 a.m.

 

 

4.3              Rezoning Application # 00404 and Development Permit # 000323 for 2636, 2638 & 2642 Shelbourne Street

 

Committee received a report dated June 11, 2014 from Sustainable Planning & Community Development that provided information, analysis and recommendations regarding a Rezoning Application and a Development Permit Application for the properties located at 2636, 2638 and 2642 Shelbourne Street.  The proposal is to rezone the three lots from the R1-B Zone, Single Family Dwelling District, to a new zone that would permit the construction of a 12-unit townhouse development.

 

Action:              It was moved by Councillor Alto, seconded by Councillor Helps, that Committee recommends:

  1. That Council instruct the City Staff to prepare the necessary Zoning Regulation Bylaw amendments that would authorize the proposed development outlined in Rezoning Application #00404 for 2636, 2638 and 2642 Shelbourne Street.
  2. That Council consider giving first and second reading to this bylaw amendment after the bylaws have been drafted.

3.              That Council schedules a Public Hearing after the bylaw has received second reading subject to:

a.                Registration of a 7.0 m Statutory Right-of-Way;

b.                Registration of an easement agreement to allow access to 2646 Shelbourne Street, to the satisfaction of the City Solicitor.

4.              Following the Hearing, and subject to the adoption of the Bylaw amendment for 2636, 2638 and 2642 Shelbourne Street, that Council considers passing the following resolution to authorize the issuance of Development Permit Application #00323 in accordance with:

a.              Plans date stamped March 12, 2014;

b.              Development meeting all Zoning Regulation Bylaw requirements;

c.              Landscaping refinements to the rear yard and the addition of permeable paving for the main drive aisle, to the satisfaction of the Director of Sustainable Planning and Community Development;

d.              Final improvements in the public Right-of-Way (sidewalk and boulevard) to the satisfaction of the Director of Engineering and Public Works;

e.              Final plans to be generally consistent with the plans identified above, to the satisfaction of the Director of Sustainable Planning and Community Development.

 

Committee discussed the following:

CARRIED UNANIMOUSLY   14/PLUC153

 

 

Acting Mayor Coleman excused himself from the meeting at 9:43 a.m. due to an indirect pecuniary conflict of interest as his wife works for the Anglican Diocese who are the applicants for the following item.

 

Councillor Alto assumed the Chair.

 

4.4              Rezoning Application # 00445 for 1670 Richardson Street

 

Committee received a report dated June 19, 2014 from Sustainable Planning & Community Development that provided information, analysis and recommendations regarding a Rezoning Application for the property at 1670 Richardson Street.  The proposal is to rezone from the R-1 Zone (Single Family Dwelling District) to permit the conversion of a single family dwelling to kindergarten use in a house built after 1931.

 

Committee discussed the following:

 

Action:              It was moved by Councillor Isitt, seconded by Councillor Helps, that Committee recommends:

  1. That Council instruct the staff to prepare the necessary Zoning Regulation Bylaw amendment that would authorize the proposed development outlined in Rezoning Application #00445 for 1670 Richardson Street., to permit normal uses of the R1-B Zone and limiting the additional conversion use to kindergarten use.
  2. That Council consider giving first and second reading to the Zoning Regulation Bylaw amendment.
  3. That Council schedule a Public Hearing, after first and second reading of the Zoning Regulation Bylaw amendment, and subject to preparation, execution and registration of a Section 219 Covenant to secure an easement for vehicle parking access through the property at 1680 Richardson Street, to the satisfaction of the Director of Sustainable Planning and Community Development, Director of Engineering and Public Works and the City Solicitor.

 

Committee discussed the motion as follows:

 

CARRIED UNANIMOUSLY   14/PLUC154

 

Councillor Coleman returned to the meeting at 9:56 a.m. and assumed the Chair.

 

 

4.5              Development Permit with Variances Application # 000360 for 787 Tyee Road

 

Committee received a report dated June 19, 2014 from Sustainable Planning & Community Development that provided information, analysis and recommendations regarding a Development Permit Application for the property located at 787 Tyee Road, part of the Railyards development known as Bonds Landing. The application is to construct a 49-unit multi-family residential building as Phase 3 of Bonds Landing development.  The application proposes parking variances. 

 

Action:              It was moved by Councillor Helps, seconded by Councillor Alto, that Committee recommends:

              That Council schedule a Hearing to consider Development Permit with Variances #000360 for 787 Tyee Road, in accordance with plans date stamped June 3, 2014, subject to:

  1. Development meeting all Zoning Regulation Bylaw requirements, except for the following variances:
    1. Section 12.5.6(e) - Relaxation from 1.3 parking spaces per residential unit (74 parking spaces) to 1.11 parking spaces per residential unit (63 parking spaces) for phases two and three;
    2. Schedule C, Section 7.2(g) – Relaxation for visitor parking stalls from 10 visitor parking spaces to 6 visitor parking spaces.
  2. The submission of revised plans refining the parkade level of the east elevation of the proposed building to ensure a positive street relationship with Central Spur Road.
  3. Final plans to be in accordance with the plans identified above to the satisfaction of the Director of Sustainable Planning and Community Development.

 

 

Committee discussed the following:

CARRIED UNANIMOUSLY   14/PLUC155

 

 

4.6              Development Permit with Variances Application # 000343 for 860 Queens Avenue

 

Committee received a report dated June 19, 2014 from Sustainable Planning & Community Development that provided information, analysis and recommendations regarding Development Permit Application # 000343 with Variances for the property located at 860 Queens Avenue.  The application is to construct a three-storey, six-unit apartment building, which is proposed to be built to Passive House standards for energy efficiency.

 

Action:              It was moved by Councillor Alto, seconded by Councillor Helps, that Committee recommends:

  1. That Council schedule a Hearing to consider Development Permit with Variances #00343 for 860 Queens Avenue subject to:

(a)               Confirmation of participation in Victoria Car Share by way of security deposited with the Victoria Car Share Cooperative.

(b)               A legal agreement being registered on title regarding the building being constructed to Passive House standards, to the satisfaction of the City Solicitor and Director of Sustainable Planning and Community Development.

(c)                Refinements to the south elevation to address the upper-floor window treatment above the entrance, to the satisfaction of Director of Sustainable Planning and Community Development.

  1. Following the Hearing, that Council consider passing the following resolution to authorize the Development Permit with Variances #00343, subject to:

(a)               Plans stamped June 6, 2014 for Development Permit with Variances #00343;

(b)               Development meeting all Zoning Regulation Bylaw requirements, except for the following:

(i)                  Section 3.3.4(1) - Relaxation for the maximum site coverage from 30% to 43%,

(ii)                Section 3.3.9 - Relaxation for the minimum lot area for a multiple dwelling from 920 m2 to 474 m2,

(iii)               Section 3.3.10 - Relaxation for the minimum setback from a street boundary (Queens Avenue) from 9.0 m to 2.47 m,

(iv)              Section 3.3.11 - Relaxation for the minimum setback for entrance steps from 4.5 m to 1.35 m,

(v)                Section 3.3.12 - Relaxation for the interior side yard setback from 4.61 m to 3.03 m (east),

(vi)              Section 3.3.15 - Relaxation for the horizontal distance between a dwelling unit and a parking space from 6.0 m to 0.0 m (nil),

(vii)             Section 3.3.19 - Relaxation for the minimum setback from the centre line of a street boundary (Lane) from 7.5 m to 2.76 m,

(viii)           Schedule C, Section 16.A.11(a) - Relaxation for the number of parking spaces from 1.2 spaces per dwelling unit (7) to 0.67 spaces per dwelling unit (4);

(c)              Final plans to be in accordance with the plans identified above to the satisfaction of the Director of Sustainable Planning and Community Development.

 

Committee discussed the following:

 

Action:              It was moved by Councillor Helps, seconded by Councillor Alto, that Committee amend the motion as follows:

 

  1. That Council schedule a Hearing to consider Development Permit with Variances #00343 for 860 Queens Avenue subject to:

(a)               Confirmation of participation in Victoria Car Share by way of security deposited with the Victoria Car Share Cooperative.

(b)               A legal agreement being registered on title regarding the building being constructed to Passive House standards, to the satisfaction of the City Solicitor and Director of Sustainable Planning and Community Development.

(c)                That the covenant associated with this application be moved forward on a priority basis

(d)               Refinements to the south elevation to address the upper-floor window treatment above the entrance, to the satisfaction of Director of Sustainable Planning and Community Development.

  1. Following the Hearing, that Council consider passing the following resolution to authorize the Development Permit with Variances #00343, subject to:

(a)               Plans stamped June 6, 2014 for Development Permit with Variances #00343;

(b)               Development meeting all Zoning Regulation Bylaw requirements, except for the following:

(i)      Section 3.3.4(1) - Relaxation for the maximum site coverage from 30% to 43%,

(ii)                Section 3.3.9 - Relaxation for the minimum lot area for a multiple dwelling from 920 m2 to 474 m2,

(iii)               Section 3.3.10 - Relaxation for the minimum setback from a street boundary (Queens Avenue) from 9.0 m to 2.47 m,

(iv)              Section 3.3.11 - Relaxation for the minimum setback for entrance steps from 4.5 m to 1.35 m,

(v)                Section 3.3.12 - Relaxation for the interior side yard setback from 4.61 m to 3.03 m (east),

(vi)              Section 3.3.15 - Relaxation for the horizontal distance between a dwelling unit and a parking space from 6.0 m to 0.0 m (nil),

(vii)             Section 3.3.19 - Relaxation for the minimum setback from the centre line of a street boundary (Lane) from 7.5 m to 2.76 m,

(viii)           Schedule C, Section 16.A.11(a) - Relaxation for the number of parking spaces from 1.2 spaces per dwelling unit (7) to 0.67 spaces per dwelling unit (4);

(c)              Final plans to be in accordance with the plans identified above to the satisfaction of the Director of Sustainable Planning and Community Development.

On the amendment:

CARRIED   14/PLUC156

For:              Acting Mayor Coleman, Councillors Alto, Helps, Isitt, Madoff and Thornton-Joe

Against:              Councillor Young

On the main motion as amended:

CARRIED UNANIMOUSLY   14/PLUC157

 

 

4.7              Development Permit Application # 000350 with Variances for 2810 Shelbourne Street

 

Committee received a report dated June 19, 2014 from Sustainable Planning & Community Development that provided information, analysis and recommendations regarding a Development Permit with Variances for the property located at 2810 Shelbourne Street.  The application involves the repositioning and renovation of the existing single family dwelling on the lot to create three units and to relocate a single family dwelling from 1705 Haultain Street onto this lot and renovating it as well, to create two more residential units.  The Rezoning Application for this property has been previously reviewed by Council.

 

Action:              It was moved by Councillor Alto, seconded by Councillor Helps, that Committee recommends:

  1. That Council instructs the City staff to prepare the necessary Zoning Regulation Bylaw amendments that would authorize the proposed development outlined in Rezoning Application #00379 for 2810 Shelbourne Street.
  2. That Council considers giving first and second reading to the Zoning Regulation Bylaw amendment.
  3. That Council schedules a Public Hearing after the Zoning Regulation Bylaw amendment receives second reading, subject to:
  1. registration of a 7.0 m  Statutory Right-of-Way  along Shelbourne Street;
  2. the applicant providing confirmation of participation in Victoria Car Share by way of security deposited with the Victoria Car Share Cooperative to the satisfaction of the City Solicitor.
  1. That Council schedule a Hearing to consider Development Permit with variances #000350 for 2810 Shelbourne Street concurrently with Rezoning Application #00379.
  2. Following the Hearing and subject to the adoption of the Bylaw amendment for 2810 Shelbourne Street that Council considers passing the resolution to authorize the Development Permit for 2810 Shelbourne Street, subject to development meeting all Zoning Regulation Bylaw requirements of the RK-3 Zone, except for the following variances:
  1. site area reduced from 1125 m2 to 740 m2;
  2. front setback from Shelbourne Street reduced from 10.7 m to 9.0 m;
  3. rear (west) setback reduced from 7.5 m to 2.06 m;
  4. side (north) setback reduced from 4 m to 1.65 m;
  5. side (south) setback from Ryan Street reduced from 7.5 m to 2.13 m;
  6. separation space between buildings reduced from 6 m to 4.5 m;
  7. Schedule C, number of parking stalls reduced from 8 stalls to 5 stalls;
  8. Schedule C, visitor parking stalls reduced from one to nil.
  1. Plans date stamped February 27, 2014.
  2. Final plans generally in accordance with the plans identified above to the satisfaction of the Director of Sustainable Planning and Community Development.

 

              Committee discussed the following:

 

              Councillor Isitt left the meeting at 10:26 a.m.

 

CARRIED UNANIMOUSLY   14/PLUC158

 

 

4.8              Development Permit Application # 000358 with Variances for 988 Topaz Avenue

 

Committee received a report dated June 9, 2014 from Sustainable Planning & Community Development that provided information, analysis and recommendations regarding a Development Permit Application with variances to allow the construction of small lot house and accessory building on an existing lot in the R1-S2 Zone, Restricted Small Lot (Two Storey) District.  Small lot houses are subject to the requirements of Development Permit Area 15A, Intensive Residential, Small Lot.  The original Development Permit Application for the small lot house was approved in October 2011; however, it has now expired.  The applicant wishes to construct the same dwelling, with minor changes and include an accessory building.

 

Action:              It was moved by Councillor Thornton-Joe, seconded by Councillor Helps,               that Committee recommends:

              That Development Permit #000358 for 988 Topaz Avenue proceed to a                                           Hearing, subject to the following:

  1. Development meeting all Zoning Regulation Bylaw requirements of the R1-S2 Zone, except for the following variances:

a.              Section 1.23.8 (a) - Relaxation for the front yard setback from 6 m to 3.05 m

b.              Section 1.23.13(a) - Relaxation for the front yard setback for an accessory building from 18 m to 13.6 m.

  1. Plans stamped April 1, 2014.
  2. Final plans to be in accordance with the plans identified above to the satisfaction of the Director of Sustainable Planning and Community Development.

 

CARRIED UNANIMOUSLY   14/PLUC159

 

 

  1. PROPERTY MAINTENANCE BYLAW HEARING

 

5.1              Work Without Permit – 201 Ontario Street

 

Committee received a report dated June 3, 2014 from Legislative & Regulatory Services that recommended that a notice be filed on the land title in respect to work that has been done without a permit at 201 Ontario Street. 

 

The Chair opened the hearing at 10:31 a.m.

 

The Chair explained the recommendation that was before Committee.

 

Recommendation: The Manager, Bylaw & Licensing (Building Inspector) recommends that the Planning and Land Use Committee direct the Corporate Administrator to file a Notice on title in the Land Title Office in relation to the property located at 201 Ontario Street, legally described as LOT 25, PLAN 733, VICTORIA PARCEL B, W PT.  

 

The Chair asked the City Representative to give an opening statement.

 

Mia Frankl (Bylaw Officer):  The property at 201 Ontario Street was reported to the Bylaw Office as having work done without a permit.  The owners had expanded the living space into the attic.  The owners advised they would obtain permits but it has been confirmed that no permits were obtained to change the permitted use and for the expansion into the attic.  The complaint was received in September 2013 and the inspection was done by October 2013.  Staff have been working with the owners to obtain permits to bring it into legal use or remove the work.  The owners were in contact with a design firm but that work has not gone forward so now is the time to move forward with putting a notice on title.  The inspection showed that there were no apparent health and life safety issues.

 

The Chair noted that the property owner was not present and asked Ms. Frankl if the property owner received the letter advising this of this hearing.

 

Mia Frankl:  She spoke with the property owner a number of times.  They have a separate residence up island.  They asked that the mail be sent to this property.

 

Councillor Thornton-Joe asked if Ms. Frankl had heard from the property owners to confirm they received the letter.

 

              Mia Frankl:  Up until recently she was in communications with the owners but since they became aware of the enforcement action she hasn’t heard from them

 

The Chair closed the hearing at 10:35 a.m.

 

Action:              It was moved by Councillor Madoff, and seconded by Councillor Helps, that the Planning and Land Use Committee direct the Corporate Administrator to file a Notice on title in the Land Title Office in relation to the property located at 201 Ontario Street, legally described as LOT 25, PLAN 733, VICTORIA PARCEL B, W PT, indicating that a resolution relating to this property has been made under the authority delegated pursuant to Section 57(3) of the Community Charter and the provisions of the Property Maintenance Delegation Bylaw, and advise that further information regarding this resolution may be inspected at the Legislative & Regulatory Services Department in Victoria City Hall.

 

CARRIED UNANIMOUSLY   14/PLUC160

 

 

 

Action:              It was moved by Councillor Madoff, seconded by Acting Mayor Coleman, that Planning and Land Use Committee convene a Closed meeting that excludes the public under Section 12(6) of the Council Bylaw for the reason that the following agenda items deal with matters specified in the Council Bylaw, namely:

Section 12 (3) (e) - 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 City.

Committee discussed the rationale for going in camera.  The Director of Legislative and Regulatory Services advised that it is with respect to the Master Development Agreement and the potential acquisition of property.

CARRIED  14/PLUC161

For:                            Acting Mayor Coleman, Councillors Madoff, Thornton-Joe                                                         and Young

Against:                            Councillors Alto and Helps

 

 

  1. CLOSED MEETING

             

              6.1              Master Development Agreement Amendment – 253 / 259 Esquimalt Road

             

              Committee received a report dated June 19, 2014 from Sustainable Planning and Community Development regarding the Master Development Agreement at 253 and 259 Esquimalt Road.

 

              The discussion and motion were recorded and kept confidential.

 

 

 

 

7.              ADJOURNMENT

 

Action:              It was moved by Councillor Helps, seconded by Councillor Alto, that Committee adjourn the Planning & Land Use meeting of July 3, 2014, at 11:03 a.m.

             

              CARRIED UNANIMOUSLY 14/PLUC163