Salt Spring LTC Regular Meeting Agenda Addendum

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Salt Spring Island Local Trust Committee
 
Special Meeting Addendum
 
Date:Tuesday, October 1, 2024
Time:1:30 pm
Location:Electronic Meeting
Pages
3.   BUSINESS ITEMS
3.5   Covenant Release Request - 134 Drake Road, SSI
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Staff Report

  STAFF REPORT 
C:\Program Files\eSCRIBE\TEMP\1139426698\1139426698,,,Staff_report.docx  
Islands Trust Staff Report 1 
File No.: Covenant Release 
  
DATE OF MEETING: October 10, 2024 
TO: Salt Spring Island Local Trust Committee 
FROM: Oluwashogo Garuba, Planner 1 
Salt Spring Island Team 
COPY: Chris Hutton, Regional Planning Manager 
SUBJECT: Covenant Release Request 
 Applicant: Rosalie Matchett and Richard Miller 
 Location: 134 Drake Road, Salt Spring Island 
RECOMMENDATION 
1.   That  the  Salt  Spring  Island  Local  Trust  Committee  not  support  the  release  of  restrictive  covenant 
EJ118028 from LOT 20, SECTION 1, RANGE 3 EAST, NORTH SALT SPRING ISLAND, COWICHAN DISTRICT, 
PLAN 6344. 
REPORT SUMMARY 
This report brings forward a request from the applicant to the Salt Spring Island Local Trust Committee (LTC) to 
discharge a covenant that requires the applicant to provide off-street motor vehicle parking spaces for the owners 
and tenants of 168 Fulford-Ganges Road (Lot A). Staff has reviewed the relevant documents including Salt Spring 
Island Land Use Bylaw No. 355, 1999, Salt Spring Island Land Use Bylaw No. 123, 1985 and the development permit 
issued for commercial use on Lot A and therefore recommends that the SS LTC deny the release of the covenant. 
BACKGROUND 
The  covenant  being  sought  to  be  released  is  an  off-site  parking  agreement.  It  relates  to  the  parking  spaces 
requirement for 168 Fulford-Ganges Road (Lot A) on 134 Drake Road (Lot 20). There are three commercial buildings 
on Lot A: 
 
Floor Area Parking space Required (1 
per 25sq. m of floor area) 
Building A – Takeout Restaurant 1300 Sq. ft (120.77 sq. m) 5 
Retail Space 3153 sq. ft (292.29 sq. m) 12 
Building B – Commercial Space 2826 sq. ft (262.54 sq. m) 11 
 
According to the LUB regulations, the number of off-street parking spaces for these uses totals 28 spaces. There 
are  currently  20  parking  spaces  on-site  and  nine  spaces  available  off-site at  134  Drake  Road  obtained  by  lease 
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Islands Trust Staff Report 2 
through Title Document No. EJ118028 (the covenant), registered on the Title of Lot 20, Section 1, Range 3 East, 
North Salt Spring Island, Cowichan District, Plan 6344 (134 Drake Road). The release of the covenant at 134 Drake 
road will reduce  the  parking spaces provided in accordance  with the LUB bringing this down to only  20 spaces. 
Although both parties are in agreement to have the covenant discharged, owners of 168 Fulford-Ganges will need 
to  provide  additional 8  parking  spaces  in  order  to  be  in  compliance  with  the LUB  if  the  covenant  on 134 Drake 
Road is released by the LTC. Staff advise that if the use of 168 Fulford-Ganges Road changes or if all or a port

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