At this point the Chair varied the order of the agenda to hear Item 2 last.

1.

Minutes

It was moved and seconded

That the minutes of the meeting of the Development Permit Panel held on Wednesday, May 14^th, 2003, be adopted.

CARRIED

3.

Development Permit DP 02-221010
(Report: March 13/03 File No.:  DP 02-221010)   (REDMS No. 954782)

APPLICANT:

Polygon Development 140 Ltd.

PROPERTY LOCATION:

7131,  7151, 7171, 7191, 7195, 7211, 7231, 7271 and

7291 Heather Street

INTENT OF PERMIT:

1.

To permit the development of 54 townhouses on a site zoned Comprehensive Development District (CD/126); and that would

2.

Vary the provisions of the Zoning and Development Bylaw to:

a)

allow balconies to project a maximum of 1.2m (3.937 ft) into the 3m (9.843 ft) rear yard;

b)

allow pedestrian entry and garbage/ recycling structures in the required 6m (19.685 ft) road setbacks; and

c)

reduce the number of visitor parking stalls from eleven (11) to eight (8).

Applicants Comments

Mr. Kevin Shoemaker, Development Manager, Polygon Development, introduced Mr. Scott Baldwin, Senior Vice President, Polygon Development and Mr.
Robert Cadez, Formwerks Architectural, to the Panel.  An artists rendering and a site plan were provided by Mr. Shoemaker, who was available to answer questions.

Staff Comments

The Manager, Development Applications, Joe Erceg, said that the project met the majority of applicable guidelines and that: i) the applicants had been very compliant to staff and Advisory Design Panel requests; ii) similar visitor parking variances had been previously approved; and, iii) additional parking was available on adjacent streets. 

The Chair requested that for future reports the parking rationale be contained in the report including any issues discussed during the rezoning application.

In response to a question from the Chair, Mr. Shoemaker described the proposed public art element for the Panel.

Correspondence

None.

Gallery Comments

None.

Panel Discussion

The Chair said that the adjacent Leighton Court project, also a Polygon development, was coming along nicely and that the proposed public art element, which is to be similar in nature to the Leighton Court element, was very appropriate.

Panel Decision

It was moved and seconded

CARRIED

4.

Development Variance Permit DV 03-222918
(Report: April 29/03 File No.:  DV 03-222918)   (REDMS No. 961821)

APPLICANT:

David Gordon on behalf of Michel Vernier

PROPERTY LOCATION:

4280, 4300 Westminster Highway and 6020 Gibbons Drive

INTENT OF PERMIT:

1.

To vary the subdivision regulations of the Single-Family Housing District, Subdivision Area E (R1/E) zone to:         

a)

Reduce the minimum width requirement of 4300 Westminster Highway from 18 m (59.055 ft.) to 16.32 m (53.543 ft.);

b)

Reduce the minimum width requirement of 6020 Gibbons Drive from 18 m (59.055 ft.) to 14.68 m (48.163 ft.); and

c)

Reduce the minimum area requirement of 6020 Gibbons Drive from 550 m (5,920.344 ft.) to 409 m (4,402.583 ft)

in order to allow the subject properties to be re-subdivided from three (3) lots into four (4) new single-family residential lots.

Applicants Comments

Mr. Vernier was present to answer questions.

Staff Comments

The Manager, Development Applications, Joe Erceg, said that of the three lots currently on the site, two did not comply with current standards and that the proposed 4 lots would be in closer compliance with the existing requirements of zoning should the application be approved.

Correspondence

None.

Gallery Comments

None.

Panel Discussion

The Chair acknowledged the number of comments the odd configuration of the site had generated, which would be remedied by the proposed subdivision. 

Panel Decision

It was moved and seconded

That a Development Variance Permit be issued that would vary the subdivision regulations of the Single-Family Housing District, Subdivision Area E (R1/E) zone as follows:

a)

The minimum width requirement of 4300 Westminster Highway from 18 m (59.055 ft.) to 16.32 m (53.543 ft.);    

b)

The minimum width requirement of 6020 Gibbons Drive from 18 m (59.055 ft.) to 14.68 m (48.163 ft.); and

c)

The minimum area requirement of 6020 Gibbons Drive from 550 m (5,920.344 ft.) to 409 m (4,402.583 ft).

CARRIED

5.

Development  Permit DP 03-223538
(Report: April 28/03 File No.:  DP 03-223538)   (REDMS No. 999064)

APPLICANT:

Care Enterprises Ltd.

PROPERTY LOCATION:

8091 Bennett Road

INTENT OF PERMIT:

1.

To allow the construction of four (4) residential units on a lot zoned Comprehensive Development District (CD/120); and

2.

To vary the minimum setback from a public road in order to permit a mailbox and recycling box structure along Bennett Road.

Applicants Comments

The applicant was not present.

Staff Comments

The Manager, Development Applications, said that this was a small infill project that had adjacent townhouse development on both sides.  Further to this Mr. Erceg said that staff were happy with the proposal, and therefore recommended issuance of the permit.

Correspondence

None.

Gallery Comments

None.

Panel Discussion

The Chair noted the extensive study undertaken of the area during the rezoning process, and the general compliance of the project to the area guidelines.

Panel Decision

It was moved and seconded

That a Development Permit be issued for a property at 8091 Bennett Road that would:

a)

allow the construction of four (4) residential units on a lot zoned Comprehensive Development District (CD/120); and

b)

vary the minimum setback from a public road in order to permit a mailbox and recycling box structure along Bennett Road.

CARRIED

6.

Development Variance Permit DV 03-230499
(Report: May 6/03 File No.:  DV 03-230499)   (REDMS No. 998816)

APPLICANT:

Loren and Janie Slye

PROPERTY LOCATION:

11911 Third Avenue and 3540 Broadway Street

INTENT OF PERMIT:

To vary the minimum depth requirement for the Single-Family Housing District, Subdivision Area A (R1/A) zone from 24 m (78.74 ft.) to 20.134 m (66.06 ft.) in order to permit 11911 Third Avenue and 3540 Broadway Street to be re-subdivided into two (2) single-family residential lots fronting onto Third Avenue rather than Broadway Street.

Applicants Comments

Mr. Loren Slye, 11911 Third Avenue, gave advice that the subject home had been in his wifes family for many years and that it was hoped, for sentimental reasons, that the home could be preserved along with a new home being built for his daughter and grandchild. 

Staff Comments

The Manager, Development Applications, Joe Erceg, said that staff supported approval of the variance requests as both reconfiguration of the lot and retention of the existing house would be achieved.  Mr. Erceg noted:  i) the attractive nature of the existing house; ii) that the minimum setback from the east property line would be met; and, iii) the support from that had been expressed by the immediate neighbours. 

Discussion then ensued on the orientation requirements of the Zoning and Development Bylaw.  Mr. Slye provided information on the orientation of other homes in the immediate area.

Correspondence

Ms. Rosanna Robinson 11440 Fourth Avenue Schedule 1.

Mr. and Mrs. Young 3380 Georgia Street Schedule 2.

Gallery Comments

Ms. Madeleine Therrien and Ms. Anne Piche addressed the Panel.  Ms. Therrien provided a detailed recollection of the history of the subject house and outlined her understanding of the reasons variance requests are generally approved.  Ms. Therrien questioned whether it would be appropriate to grant a variance on compassionate grounds to the detriment of other owners. 

Ms. Piche provided a history of the long and difficult process that had been undertaken, over the course of several years, to develop the present bylaw, which contains a specification for north/south orientation of lots.  Ms. Piche acknowledged Mr. Slyes long term presence in the area, and expressed concern about the pitting of owners against each other in situations such as these.  Copies of a number of photographs of the subject property were distributed to the Panel members, and are attached as Schedule 3 to these minutes.

Further discussion then ensued on whether the proposed FAR conformed to the lot size.  Ms. Piche submitted two letters, attached as Schedules 1 and 2 to these minutes, to the Panel.

Mr. Slye responded to several of the comments made by the previous speakers including that huge support existed in the community for his proposal and that he would go door to door to obtain signatures if necessary.

Panel Discussion

The Chair acknowledged his involvement in the previous process that had resulted in a clear direction, and said that although things may have changed in the interim, and that Mr. Slye had much support, a concern existed about the precedent that would be set should the permit be approved.  Further to this Mr. McLellan said that if the issue were to be re-examined it should be done within the context of the bylaw itself.

Panel Decision

It was moved and seconded

That a Development Variance Permit be issued that would vary the minimum depth requirement for the Single-Family Housing District, Subdivision Area A (R1/A) zone from 24 m (78.74 ft.) to 20.134 m (66.06 ft.) in order to permit 11911 Third Avenue and 3540 Broadway Street to be re-subdivided into two (2) single-family residential lots fronting onto Third Avenue rather than Broadway Street.

DEFEATED

Opposed: David McLellan
Jeff Day 

It was moved and seconded

That issuance of a Development Variance Permit that would vary the minimum depth requirement for the Single-Family Housing District, Subdivision Area A (R1/A) zone from 24 m (78.74 ft.) to 20.134 m (66.06 ft.) in order to permit 11911 Third Avenue and 3540 Broadway Street to be re-subdivided into two (2) single-family residential lots fronting onto Third Avenue rather than Broadway Street, BE DENIED.

CARRIED

Opposed: Mike Kirk

2.

General Compliance
(Report: May 13/03 File No.:  DP 02-202952)   (REDMS No. 1007031, 1008365)

APPLICANT:

Darshan Rangi

PROPERTY LOCATION:

9191 Blundell

The Chair noted that the applicant had been requested at the May 14^th, 2003 meeting of the Development Permit Panel, to provide the Panel with information on other projects in the area that had vinyl siding as an exterior finish.  Mr. McLellan noted the memorandum contained in the agenda, from Mr. Alex Jamieson, Planner, on the matter.

Staff Comments

The Manager, Development Applications, Joe Erceg, said that although staff supported approval of some of the requests, as noted in the recommendation, the change from cedar siding to vinyl siding and the reduction in calliper size of replacement trees, were not supported.

Mr. Rangi provided additional information on the reasons he believed that the drainage, sanitary sewers, watermains and BC Hydro right-of-ways interfered with requirements of the landscape plan which included that the requirements for planting 10cm calliper trees could not be met.  Further to this, Mr. Rangi said that he would be willing to trim the windows and posts with cedar as evidenced by several pictures he displayed of other developments.

Correspondence

None.

Gallery Comments

None. 

Panel Discussion

The Chair suggested that the staff recommendation was appropriate if Mr. Rangi were to submit to staff alternate suggestions for siding similar to other developments in the area.

Panel Decision

It was moved and seconded

That the changes in grade, layout of stairs and on-site landscaping only, as supported in the attached report, be deemed in general compliance with the approved Development Permit (DP 02-202952) at 9191 Blundell Road.

CARRIED

7.

Adjournment

It was moved and seconded

That the meeting be adjourned at 4:35 p.m.

CARRIED

Certified a true and correct copy of the Minutes of the meeting of the Development Permit Panel of the Council of the City of Richmond held on Wednesday, May 28^th, 2003.

_________________________________

_________________________________

David McLellan
Chair

Deborah MacLennan
Administrative Assistant