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DocumentsStaff ReportOct 18, 2021Pages 51–54

Staff Report — DVP21-0009 (967A & 967B Isabell Avenue) — Development Variance Permit

Planning staff report for a Development Variance Permit application seeking reduced rear lot setbacks (to 3.0m and 2.39m) and approval for a permanent two-point turnaround in lieu of a cul-de-sac to enable subdivision and construction of five single-family dwellings at 967A/967B Isabell Avenue.

6.1.3 Application for Development Variance Permit to reduce the rear lot line setback and to allow a permanent two-point turnaround at 967A and 967B Isabell Avenue to facilitate the construction of 5 single-family dwellings (Planning)

Key facts

  • Application: DVP21-0009 (related SUB21-0024)
  • Applicant: Mehdi Khataw (on behalf of Royal Eagle Development Inc.)
  • Civic addresses: 967A and 967B Isabell Avenue; Legal: Lot 9, Section 84, Esquimalt District, Plan 22027, PID 003-290-727
  • Site area: approximately 1,922 m²
  • Proposed rear-yard setbacks: 3.0 m (Lot A) and 2.39 m (Lot B) vs required 5.5 m

Staff Report — DVP21-0009 (967A & 967B Isabell Avenue) — Development Variance Permit

Date: October 12, 2021
Department: Planning
Application No.: DVP21-0009
Subject: Application for Development Variance Permit to reduce the rear lot line setback and to allow a permanent two-point turnaround at 967A and 967B Isabell Avenue to facilitate the construction of 5 single-family dwellings.

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PURPOSE

Mehdi Khataw of Khataw Development has applied on behalf of Royal Eagle Development Inc. for a Development Variance Permit to allow for a relaxation of the rear lot line setback from the required 5.5m to 2.39m and 3.0m for two of the five single-family dwellings to be developed at 967A and 967B Isabell Avenue, and to allow a permanent two-point turnaround in lieu of a cul-de-sac.

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BACKGROUND

Previous Applications

  • Z16-0004 – In 2017 the property was rezoned from R2 (One- and Two-Family Residential) to RS3 (Residential Small Lot 3) to allow for a 5 fee simple lots to be developed on the site. Since then, the Small Lot Residential zones were consolidated into one RS1 zone, which makes the current zoning of the property RS1.
  • DVP16-0007 – Development Variance Permit was obtained in 2017 to allow a permanent two-point turnaround in lieu of a cul-de-sac. This variance was to facilitate the subdivision of the parcel but has since expired. Council may wish to consider reissuing this variance as part of this application.
  • SUB16-0009 – While the City’s Approving Officer issued a statement of conditions as part of this application, it expired in March of 2017 due to inactivity.
  • SUB21-0024 – New subdivision application for a five-lot subdivision, currently under review by staff.
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Table 1: Site Data

Item Information
Applicant Mehdi Khataw
Owner Royal Eagle Development Inc.
Civic Address 967A and 967B Isabell Avenue
Legal Description Lot 9, Section 84, Esquimalt District, Plan 22027, PID No. 003-290-727
Size of Property 1,922m² approximate
DP Areas Intensive Residential, Drainage Concern
Zoning Designation RS1 (Residential Small Lot)
OCP Designation Neighbourhood
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SITE AND SURROUNDING AREA

The subject property is located on Isabell Avenue, just south of Sooke Road, and has an existing two-family dwelling positioned close to the road. The area is predominantly flat and grassy, with one mature tree situated along the northern property line.

To the east, the subject property is adjacent to Strata EPS1410, a bare land strata consisting of seven small lot single-family dwellings. Likewise, to the south, 967 Isabell Avenue is bordered by predominantly small lot single-family dwellings. The properties to the west consist of four older single-family dwellings and lot areas slightly larger than the typical single-family lot (smallest being 925m²), although the property at the corner of Happy Valley and Isabell Ave was recently rezoned to allow a 3-lot subdivision. North of the property, across Isabell Avenue, there are one- and two-family dwellings.

Table 2: Surrounding Land Uses

Direction Zoning Use
North R2 (One- and Two- Family Residential) Duplexes and single-family dwellings
East RS1 (Residential Small Lot) Small residential lots
South RS1 (Residential Small Lot) Small residential lots
West R2 (One- and Two- Family Residential) Single-family dwellings
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COMMENTS

The applicant is seeking setback variances for two of the five lots to be developed on the subject property. One of the five dwellings is to face Isabell Avenue to provide an attractive frontage and street presence, while the other four properties are to face the new road to be dedicated and constructed on the west side of the parcel. In the future, this new road may be expanded to serve as an access point for the potential development of the four lots west of the property.

Due to the irregular shape of the lot, it is narrow to the north, with approximately 22 m of frontage, and widens to the south. The reduced setback is proposed for Lots A and B, which are located in the narrow portion of the parcel. The variance would facilitate the construction of a more livable building envelope and compliance with the required dimensions for off-street parking (see plan attached).

The developer is proposing lot sizes between 220m² and 339m² which meets the requirements of the RS1 Zone.

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Table 3: Proposal Data

Permitted by RS1 (Current Zoning) Proposed by DP Application
Front Yard Setback 3.0 m, 6m for the garage portion — Compliant
Interior Side Yard Setback 1.5 m — Compliant
Exterior Side Yard Setback 3.5 m — Compliant
Rear Yard Setback 5.5 m

As noted, DVP16-0007 previously issued by Council to allow a permanent two-point turnaround in lieu of a cul-de-sac, has expired as works relating to the subdivision were not substantially started within two years of permit issuance. Council may wish to re-issue that variance as part of this new application.

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OPTIONS

Option 1

That the Planning, Zoning and Affordable Housing Committee recommend that Council:

  1. Direct staff to proceed with consideration of this development permit with the following variances for 967A and 967B Isabell Ave:

a) That Section 6.20.06(1)(b) of Zoning Bylaw No. 300 be varied to reduce the required rear lot line setback from 5.5m to 3.0m for proposed Lot A and to 2.39 m for proposed Lot B;

b) That Schedule 4 of Subdivision and Development Servicing Bylaw No. 1000 be varied to allow for a permanent two-point turnaround in lieu of the required cul-de-sac.

Subject to the following terms and conditions:

i) That the site is developed in accordance with the plan attached to this report as Appendix A;

OR Option 2

  1. Reject this application for development variance permit.
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Submitted by

  • Anastasiya Mysak, Planning and Land Development Technician - Approved
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Concurrence

  • Matthew Baldwin, MCIP, RPP, Director of Planning
  • Adriana Proton, Manager of Legislative Services
  • Chris Aubrey, Fire Chief
  • Lorne Fletcher, Manager of Community Safety and Municipal Enforcement
  • Yari Nielsen, Manager of Parks and Recreation
  • Michelle Mahovlich, P.Eng, P.Geo, Director of Engineering
  • Leah Stohmann, MCIP, RPP, Deputy Director of Planning
  • Michael Dillabaugh, CPA, CA, Director of Finance
  • Marie Watmough, Acting Director of Corporate Services
  • Darren Kiedyk, Chief Administrative Officer
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Extracted from: Special Agenda Package(221 pages total)