1.

Minutes

It was moved and seconded

That the minutes of the meeting of the Development Permit Panel held on Wednesday, February 16^th, 2005, be adopted.

CARRIED

2.

Development Permit DP 04-280307
(Report: February 1/05 File No.:  DP 04-280307)   (REDMS No. 1366930)

APPLICANT:

Patrick Cotter Architect Inc.

PROPERTY LOCATION:

7331 No. 4 Road (formerly a portion of 7351 No. 4 Road)

INTENT OF PERMIT:

1.

To permit the construction of six (6) townhouses on a portion of 7331 No. 4 Road (formerly a portion of 7351 No. 4 Road) on a site zoned Comprehensive Development District (CD/35); and

2.

To vary the provisions of the Zoning and Development Bylaw No. 5300:

a)

to reduce the minimum required south side yard setback from 3 m to 2.4 m for the southeast unit; and

b)

to permit projections into the south and east side yard setback of 0.6 m for one-storey enclosed bays at grade on four (4) units; and

c)

to permit four (4) tandem parking spaces.

Applicant’s Comments

The applicant, Patrick Cotter, Patrick Cotter Architect Inc., briefly explained that this application was for the 2^nd phase of a 2 phase project, and that both phases had been designed as one project.

Staff Comments

The Director of Development, Raul Allueva, provided background on a series of events that had occurred subsequent to the realization that a Building Permit had been issued in error in January 2005.  Mr. Allueva indicated that staff had contacted the developer with the information that no construction was to occur prior to the Development Permit being issued, however, in February staff were informed by an adjacent property owner that concrete was being poured, and a Stop Work order was issued on February 20^th, 2005.  A letter was received from the adjacent property owner to the south, Dr. Doughty, dated February 24^th, 2005, which outlined a number of concerns.  Mr. Allueva further indicated since that time, debris has been removed and a fence has been erected along the south property line, and due consideration given to Dr. Doughty’s concerns.

In response, Mr. Cotter spoke about the difficulty of obscured property lines, and indicated that Mr. Doughty had been informed of the debris that had been displaced during the preload of the site.  Mr. Cotter further indicated that the debris had since been removed, and a fence erected.

Mr. Allueva, in response to a question from the Panel regarding notification of adjacent property owners, provided to the Panel a copy of a letter from the owner advising staff that contact had been made with adjacent property owners, and that no concerns had been expressed.

The General Manager, Engineering and Public Works, Jeff Day, Acting Chair, expressed his concerns in regard to how the project, both Phase 1 and 2, was proceeded on, and in particular that the City did not appreciate its residents being subjected to unnecessary negative impacts.

Correspondence

Dr. William Doughty, M.D. 7371 No. 4 Road – Schedule 1

Gallery Comments

Dr. Doughty, 7371 No. 4 Road, read a portion of the above noted letter.  In response to a question from the Acting Chair, Mr. Doughty confirmed that his property had been restored in a satisfactory manner.

Mr. Day, in response to a comment made in the letter from Mr. Doughty, then said that the Panel did not have the authority to pre-approve required setbacks for future development, but that the requested setbacks for this application were typical for a project of this type.

Mr. Cotter addressed the sequence of events that had occurred subsequent to the premature issuance of the Building Permit, which he indicated was an honest mistake that had resulted because all of the required permits for both Phase 1 and 2 had been submitted at the same time.  Mr. Cotter said that the Building Permit that had been issued in error allowed for the pouring of the concrete foundation, and that further work had ceased at the point the Stop Work order was received.  In addition, Mr. Cotter said that an effort had been made to be both responsive and responsible in terms of the recent events.

In response to a question from the Panel, Mr. Cotter also explained that he had understood that all adjacent property owners had been contacted in regard to the project.

Panel Discussion

Ms. Volkering Carlile expressed her annoyance over the treatment of the neighbour and that brush had been cleared from Mr. Doughty’s property inappropriately.

Mr. Kirk said that in future when confirmation has been given that all neighbours have been consulted, that confirmation should be accurate.

Mr. Day indicated that the next project by the same developer was expected to be undertaken more appropriately as new development was difficult enough for adjacent property owners without the imposition of unnecessary negative impacts.

Panel Decision

It was moved and seconded

That a Development Permit be issued which would:

1.

Permit the construction of six (6) townhouses on a portion of 7331 No. 4 Road (formerly a portion of 7351 No. 4 Road) on a site zoned Comprehensive Development District (CD/35); and

2.

Vary the provisions of the Zoning and Development Bylaw No. 5300:

a)

to reduce the minimum required south side yard setback from 3 m to 2.4 m for the southeast unit;    

b)

 to permit projections into the south and east side yard setback of 0.6 m for one-storey enclosed bays at grade on four (4) units; and

c)

to permit four (4) tandem parking spaces.

CARRIED

3.

Adjournment

It was moved and seconded

That the meeting be adjourned at 3:55 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, March 2^nd, 2005.

_________________________________

_________________________________

Jeff Day
Acting Chair

Deborah MacLennan
Administrative Assistant