REGIONAL DISTRICT OF NANAIMO SPECIAL ELECTORAL …

REGIONAL DISTRICT OF NANAIMO

SPECIAL ELECTORAL AREA PLANNING COMMITTEE TUESDAY, JULY 28, 2015

6:30 PM

(RDN Board Chambers)

A G E N D A PAGES CALL TO ORDER DELEGATIONS REPORTS 2-8 Development Permit Application No. PL2015-053 – Martindale Road, Electoral Area

‘G’. 9-15 Development Permit Application No. PL2015-069 – 1566 River Crescent, Electoral

Area ‘G’. 16-21 Development Permit with Variance Application No. PL2015-075 – 3680 Jingle Pot

Road, Electoral Area ‘C’. ADDENDUM BUSINESS ARISING FROM DELEGATIONS OR COMMUNICATIONS NEW BUSINESS ADJOURNMENT

N REPORT

REGIONALDISTRICTOF NANAIMO

TO: Jeremy HoInn

Manager, Current Planning

FROM: Stephen Boogaards

Planner

CAD APPROVAL

jEAP

205RHD

STAFF REPORT

BOARD

DATE: uly 13, 2015

MEETING: EAPC —July 28, 2015

FILE: PL2015-053

SUBJECT: Development Permit Application No. PL2015-053

That Part of Lot 1, District Lot 42, Nanoose District, Plan 6033, Lying to the South of the

Southerly Boundary of Plan 9778, Except that Part in Plan 22778

Martindale Road — Electoral Area 'G'

RECOMMENDATION

That Development Permit No. PL2015-053 to permit a single family dwelling be approved subject to the

conditions outlined in Attachments 2 to 4.

PURPOSE

To consider an application for a Development Permit to permit the construction of a dwelling unit on

the subject property.

BACKGROUND

The Regional District of Nanaimo has received an application from Harvest Homes Ltd. on behalf of

Kathy and Cary Thompson to permit the construction of a dwelling unit on the subject property. The

subject property is approximately 0.79 ha in area and is zoned Rural 1 Zone (RU1), Subdivision District

'F', pursuant to "Regional District of Nanaimo Land Use and Subdivision Bylaw No. 500, 1987". The

property is located to the north of Perry's RV Park and Campground, south of the City of Parksville

boundary, east of a residential lot, and west of the Englishman River (see Attachment 1 — Subject

Property Map). Currently only a recreational vehicle is located on the property.

The proposed development is subject to the following Development Permit Areas per the "Regional

District of Nanaimo Electoral Area 'G' Official Community Plan Bylaw No. 1540, 2008":

1. Environmentally Sensitive Features — River;

2. Environmentally Sensitive Features — Sensitive Ecosystems;

3. Fish Habitat Development Permit Area; and

4. Hazard Lands Development Permit Area.

Proposed Development

The applicant proposes to construct a 203 m2 single family dwelling within the Englishman River

floodplain. Due to the presence of the floodplain, the "Regional District of Nanaimo Floodplain

Management Bylaw No. 1469, 2006" requires the underside of the floor system of any habitable area to

2

Development Permit Application No. PL2015-053

July 13, 2015

Page 2

be above the flood construction level. The applicant proposes to structurally elevate habitable portionsof the dwelling to comply with the 200 year flood construction level of 9.15 m GSC (Geodetic Survey ofCanada datum).

ALTERNATIVES

1. To approve the Development Permit No. PL2015-053 subject to the conditions outlined inAttachments 2 to 4.

2. To deny the Development Permit No. PL2015-053.

LAND USE IMPLICATIONS

Development Implications

The Hazard Lands Development Permit Area requires the applicant to provide a report by a professionalengineer to confirm that the proposed construction is considered safe for its intended use, adjacentproperties and the environment. The applicant has a submitted a Geotechnical Hazards Assessmentprepared by Ground Control Geotechnical Engineering Ltd., dated April 15, 2008, and an Addendumprepared by Based Geotechnical Inc., dated July 3, 2015, to satisfy this requirement. The reportsrecommend that the proposed dwelling be structurally elevated to a minimum floor elevation of 9.65 mGSC. The recommend elevation reflects the one in two hundred year flood elevation of 9.15 m GSC andan additional 0.5 m to reduce the level of risk and to account for potential future flood level increasesdue to climate change.

The reports conclude that the construction is safe for its intended use provided the recommendationsare followed, and that development of the site will have no detrimental impacts on adjoining properties.Also, the reports state that the proposed development will not restrict the passage of flood water,redirect flows, decrease natural storage or result in higher flood flows or flood potential elsewhere inthe floodplain. Rather, the proposed development will be affected by constricted water flowsdownstream caused by the bridge over Highway 19A. As a condition of the development permit, thereports will be registered on the property title as a covenant, saving the Regional District of Nanaimoharmless from all loss or damages to life or property as a result of the hazard.

Environmental Implications

The proposed dwelling unit is within the Fish Habitat and Environmentally Sensitive FeaturesDevelopment Permit Areas for riparian vegetation. The applicant has provided a Riparian Area

Assessment Report prepared by Toth and Associates Environmental Services, dated January 15, 2015.

The report establishes a Streamside Protection and Enhancement Area (SPEA) of 30 m for EnglishmanRiver and 10 m for Shelly Creek. The report confirms that the construction will not result in the removalof trees within the 30 m Riparian Assessment Area of Englishman River; however, some tree removalmay occur within the 30 m assessment area of Shelly Creek in the northwest corner of the property.The report recommends that the applicant install permanent fencing and signage along the SPEAboundary prior to land alteration. The report also recommends a covenant prohibiting development and

use within the SPEA.

3


July 13, 2015

Page 3

FINANCIAL IMPLICATIONS

Staff have reviewed the proposed development and note that the proposal has no implications relatedto the Board 2015 - 2019 Financial Plan.

STRATEGIC PLAN IMPLICATIONS

Staff have reviewed the proposed development and note that the proposal has no implications for the2013 - 2015 Board Strategic Plan.

SUMMARY/CONCLUSIONS

The applicant proposes to construct a single family dwelling within the Englishman River floodplain. Dueto the proximity of the dwelling to the Englishman River, the construction is subject to the Hazard Lands,Environmentally Sensitive Features, and Fish Habitat Protection Development Permit Areas. Theapplicant has submitted a Geotechnical Hazard Assessment Report and an Addendum to theGeotechnical Hazard Assessment Report to confirm that the dwelling will be structurally elevated 9.65 mGSC to comply with the two hundred year flood elevation and future flood level increase due to climatechange. The report confirms that the property is safe for the intended use, and the development of thesite will not impact adjacent properties. The reports will be registered as a Section 219 covenant on theproperty title as a condition of the development permit, and will include a save harmless clause thatreleases the Regional District of Nanaimo from all losses and damages as a result of potential floodhazard.

The applicant has also submitted a Riparian Area Assessment report to establish a 30 m SPEA for theEnglishman River and 10 m SPEA for Shelly Creek. The report confirms that no land alteration will occurwithin the Englishman River SPEA, though some tree removal may occur within the 30 m assessmentarea of Shelly Creek. The report recommends signage and fencing along the SPEA boundary, as well asthe registration of a covenant to prohibit development within the SPEA.

Given that the Development Permit guidelines have been satisfied, and no negative impacts areanticipated as a result of the proposed development, staff recommends that the Board approved theproposed Development Permit subject to the terms and conditions outlined in Attachment 2.

Naar-t-Writer

Man Concurrence CAO Concurrence

4


July 13, 2015

Page 4

Attachment 1Subject Property Map

PL 752 DD 3887341 P140438

A 8.15

81.7 P1.8

3 4 4 3 0

35777 2

PLAN 11715

0 P20757

14815

PL 34435

P22778

PARRY'S PK. A

PL. 7536

PL.44199

50 100 150 200 Metres

PL 7127

PLAN 2355

PI_ 8659

SUBJECT PROPERTYThat Part Of Lot 1, District Lot 42,

Nanoose District, Plan 6033, Lying ToThe Southerly Boundary Of Plan9778,

Except That Part In Plan 22778

51.57518

VIS6121

2176.51

D.D.217

PLAN 2372

PARKSVILLE CITY BOUNDARY

5


July 13, 2015

Page 5

Attachment 2

Terms and Conditions of Permit

The following sets out the terms and conditions of Development Permit No. PL2015-053:

Conditions of Approval:

1. The site is developed in accordance with the Site Plan prepared by Sims Associates, dated June12, 2015 and attached as Attachment 3.

2. The proposed development is in general compliance with the plans and elevations prepared byHarvest Homes Ltd, and attached as Attachment 4.

3. The subject property shall be developed in accordance with the recommendations contained inthe Riparian Areas Assessment prepared by Toth and Associates Environmental Services, datedJanuary 15, 2015.

4. Staff shall withhold the issuance of this Permit until the applicant, at the applicant's expense,registers a Section 219 Covenant on the property title containing the Riparian Area AssessmentReport prepared by Toth and Associates Environmental Services, dated January 15, 2015.

5. The subject property shall be developed in accordance with the recommendations contained inthe Geotechnical Addendum — Geotechnical Hazards Assessment Report prepared by BaseGeotechnical Inc. dated July 3, 2015, and Geotechnical Hazards Assessment Report prepared byGround Control Geotechnical Engineering Ltd. dated April 15, 2008.

6. Staff shall withhold the issuance of this Permit until the applicant, at the applicant's expense,registers a Section 219 Covenant on the property title containing the Geotechnical Addendum —Geotechnical Hazards Assessment Report prepared by Base Geotechnical Inc. dated July 3, 2015,and Geotechnical Hazard Assessment prepared by Ground Control Geotechnical Engineering Ltd.dated April 15, 2008, and includes a save harmless clause that releases the Regional District ofNanaimo from all losses and damages as a result of the potential hazard.

7. The property owner shall obtain the necessary permits for construction in accordance withRegional District of Nanaimo Building Regulations.

6

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Attachment 3

Proposed Site Plan

PLAN OF THAT PART OF LOT 1, DISTRICT LOT 42, NANOOSE DISTRICT PLAN 6033.

LYING TO THE SOUTH OF THE SOUTHERLY BOUNDARY OF PLAN 9778,

EXCEPT THAT PART IN PLAN 22778.

SHOWING PROPOSED DWELLING THEREON

sPiCk"

1FOR DEVELOPMENT PERMIT APPLICATION)

BIOZOC/SM*

SCALE 1:500

All

distances

are is metres

For building

inspection

only

As per buildin

g plans

recieved

March

23, 2015

floodplain

Elevation

9.15m

Jungclictlan,

Regional

District

of Nanoimo

RD No: 005-915-601

LOT 1

PLAN

34439

1502015

/01/4,i

82.74

LOT 1

PLAN 22778

This EttrAy S not AYH lm.s

. AgittAy 514504.

This osy1t

ptols/8o4

by ooSKAAt oF4

soy not bo reproduooti,

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this

128 day of Xsty 2015

AneHtling to fond /1/Is

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RA:stets

and Fold Sll r1V, tf,re

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interests

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MICHAEL

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elevation

from 2007 topographic

stew

Elevations

are Geodetic

and referenced

to MON 84HAW006

eleg6.643m

as

(f)

o_

8rn SETBACK

PT LOT 1

PLAN 6033

8m SETBACK

6.9\A

69,

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102.11

ROAD

£ f 09 NV7d PV0ad

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SIMS ASSOCIATES

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223 FERN

ROAD W.

CUALICIAI BEACH, 8.C. 1190 1E4

PHONE

250-752-0121

FAX: 250-752-8E41

FILE NUMBER: 14-3.38-84

ORAWNG

FILE 14-238 004.550

7


July 13, 2015

Page 7

Attachment 4

Proposed Building Elevations

to/).nAmrmKb-10z

8

SAP

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REGIONALDISTRICTOF NANAIMO

STAFF REPORT

TO: Jeremy Holm DATE: July 14, 2015Manager, Current Planning

FROM: Kelsey ChandlerPlanning Technician

MEETING: EAPC July 28, 2015

FILE: PL2015-069

SUBJECT: Development Permit Application No. PL2015-069Lot 13, District Lot 28, Nanoose District, Plan 22685

1566 River Crescent — Electoral Area 'G'

RECOMMENDATION

That Development Permit No. PL2015-069 to permit the siting of a dwelling unit be approved subject tothe conditions outlined in Attachments 2 to 4.

PURPOSE

To consider an application for a Development Permit to permit the siting of a dwelling unit on thesubject property.

BACKGROUND

The Regional District of Nanaimo has received an application from Norse Log Homes Ltd. on behalf ofLaurence Taylor to permit the siting of a dwelling unit on the subject property. The subject property is

approximately 1680 m2 in area, serviced by community sewer and water, and zoned Residential 1 (RS1)Zone pursuant to "Regional District of Nanaimo Land Use and Subdivision Bylaw No. 500, 1987"(Bylaw No. 500).

The subject property is relatively flat and contains two existing buildings, a shed and a detached garagethat was modified by the previous owner without the required building permits. A manufactured homewas removed from the property by the current owner in July of 2014 without the required demolitionpermit. As no principal residential use is currently established on the property, the two existingaccessory buildings do not conform to Bylaw No. 500.

The subject property is located at the western end of River Crescent and is surrounded by residentialzoned properties to the north, south, and west (see Attachment 1 — Subject Property Map). Theproposed development is subject to the Hazard Lands Development Permit Area per the "Regional

District of Nanaimo Electoral Area 'G' Official Community Plan Bylaw No. 1540, 2008" and the "RegionalDistrict of Nanaimo Floodplain Management Bylaw No. 1460, 2006" (Floodplain Bylaw) due to flood riskassociated with French Creek.

9


July 14, 2015

Page 2

Proposed Development

The applicant proposes to site a dwelling unit on the subject property (see Attachment 3 — Proposed SitePlan). Currently, a principal use is not established on the property, and as such, the two existingaccessory buildings do not conform to Bylaw No. 500. The proposed pre-constructed dwelling unit is twostoreys and has a floor area of approximately 115.3 m2 (see Attachment 4 — Building Elevations). Ifapproved, the proposed dwelling unit will re-establish residential use as the principal use on the parcel.

ALTERNATIVES

1. To approve the Development Permit No. PL2015-069 subject to the conditions outlined inAttachments 2 to 4.

2. To deny the Development Permit No. PL2015-069.



The applicant has provided a Geotechnical Floodplain Hazard Assessment, prepared by LewkowichEngineering Associates Ltd. and dated June 25, 2015, to satisfy the Hazard Lands DPA guidelines. Thereport concludes that the subject property is safe and suitable for the proposed development and thatthe proposal will not have a detrimental impact on the environment or adjacent properties, providedthe recommendations in the report are followed. The geotechnical engineering report was prepared inaccordance with Association of Professional Engineers and Geoscientists of BC's Professional PracticeGuidelines for Legislated Flood Assessments in a Changing Climate in BC.

The applicant is not proposing the placement of any fill on the subject property, and as such, thesubmitted Geotechnical Floodplain Hazard Assessment does not provide comment on the placement offill to support the proposed dwelling unit. To satisfy the development permit guidelines, the applicant isrequired to register a Section 219 Restrictive Covenant on the property title that includes theGeotechnical Floodplain Hazard Assessment and a save harmless clause that releases the RegionalDistrict of Nanaimo from all losses and damages to life and property as a result of potential geotechnicaland flood hazards (see Attachment 2 — Terms and Condition of Permit). In the event that fill is requiredto support the siting of the dwelling unit, staff propose that the covenant also include a clause requiringa report by a Professional Engineer to ensure any fill would not restrict the passage of flood waters,redirect flood flows, decrease natural flood storage or result in higher flood flows or flood potentialelsewhere in the flood plain (see Attachment 2 —Terms and Conditions of Permit).

The Floodplain Bylaw requires a minimum flood construction level (FCL) of 3.0 metres above the naturalboundary of French Creek. The present elevation of the natural boundary of French Creek is 8.8 metresand the underside of the foundation footings for the proposed dwelling unit will be 11.8 metres (whichmeets the minimum required FCL). This proposed FCL is consistent with the requirements of theFloodplain Bylaw and the Geotechnical Floodplain Hazard Assessment provided by the applicant.

10

Development Permit Application No. PL2015-069July 14, 2015

Page 3

SUMMARY/CONCLUSIONS

This is an application for a Development Permit to permit the siting of a dwelling unit within the HazardLands Development Permit Area. The applicant has provided a Geotechnical Floodplain HazardAssessment, prepared by Lewkowich Engineering Associates Ltd. dated June 25, 2015, to satisfy theHazard Lands DPA guidelines. The proposal is consistent with the Floodplain Bylaw and therecommendations of the Geotechnical Floodplain Hazard Assessment. As such, staff recommends thatthe Board approve the Development Permit subject to the terms and conditions outlined inAttachment 2.

Report Writer

er Concurrence CAO Concu rence

11

Development Permit Application No. P1.2015-069

July 14, 2015

Page 4

Attachment 1

Subject Property Map

R. 3\

17Er)

15

RIVER

REM.1

1022685

SUBJECT PROPERTYLot 13, District Lot 28,

Nanoose District, Plan VIP226851566 River Cres

CROWNLAND

Easement

PL 60351

VIP80095 SR

PL 5986

Easiml

R56279

12


Page 5

Attachment 2Terms and Conditions of Permit

The following sets out the terms and conditions of Development Permit No. PL2015-069:


1. The site is developed in substantial compliance with the Survey Plan prepared by SimsAssociates Land Surveying Ltd. and dated July 8, 2015.

2. The proposed development is in general compliance with the plans and elevations prepared byNorse Log Homes Ltd. and dated June 22, 2015.

3. The Lands shall be developed in accordance with the recommendations contained in theGeotechnical Floodplain Hazard Assessment prepared by Lewkowich Engineering Associates Ltd.and dated June 25, 2015.

4. Staff shall withhold the issuance of this Permit until the applicant, at the applicant's expense,registers a Section 219 covenant that registers the Geotechnical Floodplain Hazard Assessmentprepared by Lewkowich Engineering Associates Ltd. dated June 25, 2015, and includes:

a. a save harmless clause that releases the Regional District of Nanaimo from all losses anddamages as a result of the potential hazard; and

b. a clause requiring a report by a Professional Engineer if the proposed siting of thedwelling unit requires the placement of any fill within the floodplain, which ensures anyfill would not restrict the passage of flood waters, redirect flood flows, decrease naturalflood storage or result in higher flood flows or flood potential elsewhere in the floodplain.

5. The property owner shall obtain the necessary permits in accordance with Regional District ofNanaimo Building Regulations.

13


July 14, 2015

Page 6

Attachment 3Proposed Site Plan

ATE dins one• in inetran

A. per ivaildng received ,k7y 7th, 20'15

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Pri Mc: 0113-316-769

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LOT 14PLAN 22685

4, 5.1

LOT 13PLAN 22685

PART LOT CPLAN 14P60349

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buikfery e6yeive, seer,,,o,d ovr,vedivta Effraw SOO and Item rioodplair.VeXtmot to,posvod.

44,44 154

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LOT 12PLAN 22685

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(*MO,/ WOO tha $11 TT y e 514 1015.

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dotat,Etreotkv, of Nato.rol Boer at French

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213 FERN /9111447 01.424/405t/414 k2.4C:1-14 FC V541 154PI-VAE. 250-752-91ZrFAX.2511-72.2-524?Fra MBE': 10- 155-iToRmowc FILE 75-1152 RI.VOG

Existing detached

garage

Proposed dwelling

unit

14


Page 7

Attachment 4

Building Elevations

moniumummiiimmimmum=Rsar Eievauon

15

REGIONALDISTRICTOF NAN AIMO

JUL 1 2015 STAFF REPORT

TO: Jeremy Holm DATE:

Manager, Current Planning

FROM: Tyler Brown

Planner

July 10, 2015

MEETING: EAPC —July 28, 2015

FILE: PL2015-075

SUBJECT: Development Permit with Variance Application No. PL2015-075

Lot 4, Section 18, Range 4, Mountain District, Plan 24550

3680 Jingle Pot Road — Electoral Area 'C'

RECOMMENDATIONS

1. That staff be directed to complete the required notification.

2. That Development Permit with Variance No. PL2015-075 to permit the construction of an accessory

garage be approved subject to the conditions outlined in Attachment 2 to 3.

PURPOSE

To consider an application for a Development Permit with Variance to reduce the lot line setback from

8.0 metres to 4.36 metres to permit the construction of an accessory garage on the subject property.

BACKGROUND

The Regional District of Nanaimo (RDN) has received an application from Phyllis Kratschmer to reduce

the lot line setback from 8.0 metres to 4.36 metres to permit the construction of an accessory garage on

the subject property. The subject property is approximately 1.1 ha in area, zoned Rural 1 (RU1),

pursuant to "Regional District of Nanaimo Land Use and Subdivision Bylaw No. 500, 1987" and located

within the Agricultural Land Reserve (see Attachment 1 — Subject Property Map). Rural 1 zoned parcels

within the Agricultural Land Reserve surround the subject property and Jingle Pot Road borders the

north western lot lines. In addition, the Millstone River meanders through the southern portion of the

parcel. The property contains an existing dwelling unit, barn, chicken shed and horse paddock, and is

serviced by well water and a septic disposal system.

The proposed development is subject to the Hazard Lands development permit areas as per the

"Regional District of Nanaimo East Wellington — Pleasant Valley Official Community Plan Bylaw No. 1055,

1997".

Proposed Development and Variance

The applicant is currently constructing a 91.7 m2 accessory garage on the subject property. Initial

construction of the garage commenced with the required building permit approvals. However, it was

identified through the building permitting process that the accessory garage was constructed within the

16

Development Permit with Variance Application No. PL2015-075

July 10, 2015

Page 2

required lot line setback for the property line bordering Jingle Pot Road. A survey of the constructionrevealed that the garage, once fully built, would protrude into the lot line setback area (see Attachment3 — Site Plan and Variances). Therefore, the applicant proposes to vary the following regulations fromthe "Regional District of Nanaimo Land Use and Subdivision Bylaw No. 500, 1987":

Section 3.4.81— Minimum Setback Requirements — All lot lines to reduce the minimumsetback requirement for the lot line bordering Jingle Pot Road from 8.0 metres to 4.36metres for an accessory garage.

ALTERNATIVES

1. To approve Development Permit with Variance No. PL2015-075 subject to the conditions outlined inAttachments 2 to 3.

2. To deny Development Permit with Variance No. PL2015-075.



The applicant has requested a variance to permit construction of a garage (see Attachment 3 — Site Planand Variances). The proposed garage is approximately 7.9 metres in width and 11.6 metres in length. Ashighlighted in the Background section of this report, it was identified through the building permittingprocess that the accessory garage was constructed within the required lot line setback for the propertyline bordering Jingle Pot Road. In response to building to close to the property line and to minimize thevariance required to accommodate the garage, the applicant redesigned the roof system to overhangthe foundation by 0.3 of a metre. The original roof system design had a roof overhang of 0.6 metres.Notwithstanding the variance request, the applicant's stated intent for the location of the building wasto avoid developing within 30 metres of the Millstone River and thus triggering the provincial riparianareas regulations.

Staff have reviewed the applicant's request and have not identified any view implications forneighbouring properties or any other negative land use implications that would be associated with theapproval of Development Permit with Variance Application No. PL2015-075.

With respect to the Hazards Lands Development Permit Area, the guidelines require that an assessmentof the hazard is to be completed with confirmation of the engineer's opinion regarding the safety of theproposed development and assurances that the development will not have a detrimental impact on theenvironment. In this case the hazard is in relation to the potential flooding of the Millstone River. Tosatisfy the development permit area guidelines, the applicant has provided a Geotechnical FloodplainHazard Assessment prepared by Lewkowich Engineering Associates Ltd., dated July 7, 2015, which

concludes that the 200 year flood event waters would not have a significant impact on the lotdevelopment or the surrounding environment and that the site is considered geotechnically safe for theintended purposes of constructing a detached garage. With regard to "Regional District of NanaimoFloodplain Management Bylaw No. 1469, 2006", the garage is exempt from meeting the prescribed

flood construction level.

17


July 10, 2015

Page 3

FINANCIAL IMPLICATIONS

Staff have reviewed the proposed development and note that the proposal has no implications relatedto the Board 2015 — 2019 Financial Plan.

STRATEGIC PLAN IMPLICATIONS

Staff have reviewed the proposed development and note that the proposal has no implications for the2013 — 2015 Board Strategic Plan.

INTER-GOVERNMENTAL IMPLICATIONS

Ministry of Transportation and Infrastructure have specified a minimum setback of 4.5 metres, for anybuilding, mobile home, retaining wall or other structure, from all highway rights-of-way under Ministryjurisdiction. The application was referred to the Ministry and they have indicated that they would beagreeable to reducing the setback to Jingle Pot Road for the accessory garage to 4.36 m. The applicantwill be required to obtain a setback permit from the Ministry (see Attachment 2 — Terms and Conditionsof Permit).

PUBLIC CONSULTATION IMPLICATIONS

Pending the Committee's recommendation and pursuant to the Local Government Act and the "RegionalDistrict of Nanaimo Development Approvals and Notification Procedures Bylaw No. 1432, 2005",property owners and tenants of parcels located within a 50 metre radius of the subject property willreceive a direct notice of the proposal and will have an opportunity to comment on the proposedvariance prior to the Board's consideration of the application.

SUMMARY/CONCLUSIONS

This is an application for a Development Permit with Variance to permit the continued construction ofan accessory garage on the subject property. The applicant has submitted a site plan, buildingelevations, and a Geotechnical Floodplain Hazard Assessment in support of the application. In staff'sassessment, this proposal is consistent with the guidelines of the "Regional District of Nanaimo EastWellington — Pleasant Valley Official Community Plan Bylaw No. 1055, 1997" Natural HazardDevelopment Permit Area. Moreover, staff have reviewed the variance request and do not anticipateany view implications or other negative impacts for neighbouring properties. As such, staff recommendapproval of the Development Permit with Variance pending the outcome of public consultation.

Report Writer

er Concurrence CAO Concurrence

18

25


July 10, 2015

Page 4

Attachment 1

Subject Property Map

SEC. 19PL. 56673,

64

29

23

215

REM. 5

6

SUBJECT PROPERTYLot 4, Section 18, Range 4,Mountain District, Plan24550

3680 Jingle Pot Rd

VI P63090 SRW

F—

O

CCCC

N

10

11

31

—J

PL,

21106

P

2

12

24550

PL 21106

3

6

3

/ PLAN

4

PLAN

Ir

23601

5

PLAN

22674

O

oN'

7 8

24550 j

9

PT SEC 17, RE

PP EPP19.944

0 50 100 200 Meters

PL.

19


July 10, 2015

Page 5

Attachment 2

Terms and Conditions of Permi

The following sets out the terms and conditions of Development Permit with Variance No. PL2015-075:

Bylaw No. 500, 1987 Variances:

With respect to the lands, "Regional District of Nanaimo Land Use and Subdivision Bylaw No. 500,1987" is varied as follows:

Section 3.4.81 — Minimum Setback Requirements — All lot lines to reduce the minimumsetback requirement for the lot line bordering Jingle Pot Road from 8.0 metres to 4.36

metres for an accessory garage.


1. The site is developed in accordance with the Site Plan prepared by T.G. Hoyt, dated June 4,2015, and attached as Attachment 3.

2. The applicant shall obtain a setback permit from the Ministry of Transportation andInfrastructure.

The subject property shall be developed in accordance with the recommendations contained inthe Geotechnical Floodplain Hazard Assessment prepared by Lewkowich Engineering Associates

Ltd., dated July 7, 2015.

4. The property owner shall obtain the necessary permits for construction in accordance with

Regional District of Nanaimo Building Regulations.

20

Development Permit with Variance Application No. PL2015-075July 10, 2015

Page 6

Attachment 3

Proposed Site Plan and Variances

Section 3.4.81— Minimum back Requirements — All lot lines

Article Permitted Setback by Bylaw Setback Variance Amount

Accessory Garage 8.0 metres 4.36 metres 3.64 metres

British Cotumbla Land Surveyor's Cer-Uficate of Location on/

and valid only

as

on the 4th

FOR GARAGE CONCRETE FOUNDATION ON PART OF

LOT 4, SECTION 18, RANGE 4,

SCALE 1(25O

ARE IN METRES

\

•

6 14-00611

Certified correct

In respect to improvements

shown and Located

day of June, 2015,

MOUNTAIN DISTRICT, PLAN 24550

DISTANCES

,C.

C,c)\'

0

r \//// \//

// CONCRETE

FOUNDATION

ONLY

•

PERMIT•••

T,G, HoytI3,C, Land Surveyor2275 UcciCrey RoadNanciiino, B.C.V9X 1E7 FI3 366/47©2015 Nat valid unless originally signed and sealed,

B.C,L.S,

21

REGIONAL DISTRICT OF NANAIMO SPECIAL ELECTORAL …

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