South Pender Island Local Trust Committee regular meeting, October 25, 2021

[0:00:00] Voice 1: in the absence of a chair i'll just call the meeting to order and um i think uh priscilla

[0:00:04] Voice 1: and andrew are familiar that um i'll just run the first few uh items on the agenda and then

[0:00:10] Voice 1: um once we've selected a chair that'll go over to the chair to run the meeting

[0:00:14] Voice 1: so i'll start with an uh acknowledgement um uh acknowledging with respect that we are meeting

[0:00:20] Voice 1: on the treaty lands and traditional territory of the coast salish first nations uh myself and

[0:00:26] Voice 1: other staff are meeting from the Esquimalt, Lekwungen and Songhees First Nation territories.

[0:00:31] Voice 1: And as we're gathering digitally from many locations, I encourage participants to share

[0:00:36] Voice 1: and acknowledge treaty and territorial areas in the meeting chat function as part of reconciliation.

[0:00:43] Voice 1: So I'm just going to introduce myself. My name is Phil Testamel. I'm a planner with the Southern

[0:00:49] Voice 1: team. And in this capacity, I'm the secretary to the Board of Variants. We're also joined by

[0:00:57] Voice 1: Robin Eelchuk, who is our planning team assistant. Sorry, Robin, if I got your last name wrong.

[0:01:06] Voice 1: Robin is brand new with us. And this is her second Zoom meeting. So we have to be patient

[0:01:12] Voice 1: and tolerant with her. And I'm sure she'll do a wonderful job. And we're happy to have her with

[0:01:18] Voice 1: us and thank you also to shannon brayford who is um joining us from pender island as our minute taker

[0:01:26] Voice 1: um i can introduce so we have the board of variant two board of variance members

[0:01:31] Voice 1: uh priscilla zimmerman who's joining us from bainbridge island and andrew mclean who's

[0:01:37] Voice 1: joining us from pender and um the applicant cameron thorne is here as well so um the first

[0:01:46] Voice 1: The first item on the agenda is the approval of the agenda.

[0:01:49] Voice 1: So I just need a motion to do that.

[0:01:54] Voice 1: Motion to approve.

[0:01:56] Voice 4: Second.

[0:01:57] Voice 1: Okay, so if you want to vote on that,

[0:01:59] Voice 1: I guess that's approved.

[0:02:02] Voice 1: And then the third item is, or sorry,

[0:02:05] Voice 1: second is the selection of the Board of Variants Chair.

[0:02:08] Voice 1: So I don't know if either of you would like to nominate.

[0:02:11] Voice 4: Can we nominate Priscilla again?

[0:02:13] Voice 1: I don't know.

[0:02:14] Voice 4: I don't know about you Priscilla.

[0:02:14] Voice 2: you're getting okay next

[0:02:16] Voice 2: time next time Andrew

[0:02:18] Voice 2: you're on I'll be glad I'll be glad to struggle

[0:02:21] Voice 2: through I'm not very good at

[0:02:23] Voice 1: it oh no you're doing a

[0:02:25] Voice 1: great job so uh so so thanks for that

[0:02:28] Voice 1: Andrew so I think we just need to um have a motion uh to elect or um Priscilla as the board and vote

[0:02:37] Voice 1: on that so so Andrew I think you need to make the motion so okay

[0:02:42] Voice 4: I'll make a motion to elect

[0:02:44] Voice 4: like priscilla zimmerman as chair of the board and

[0:02:46] Voice 1: then she seconded

[0:02:51] Voice 4: call for

[0:02:52] Voice 1: the vote so hi there we go so so so we have unanimous yeah so priscilla i'll uh i'll uh

[0:03:02] Voice 1: put it over to you so and um i don't know if you have the agenda up on your screen but i do the

[0:03:08] Voice 1: The next is the minutes from 2014, way back when.

[0:03:12] Voice 2: Right.

[0:03:12] Voice 2: And I read through those.

[0:03:14] Voice 2: I don't, I mean, I don't know anything about that, so I'm not sure how to proceed.

[0:03:19] Voice 2: I guess we just approve them as.

[0:03:23] Voice 1: Yeah, there's, it's, we've run into this.

[0:03:26] Voice 1: Obviously we haven't had a lot of board variance, board of variances.

[0:03:29] Voice 1: So as a continuing body, you, it's the, the only way that we can approve these is for

[0:03:36] Voice 1: yourselves to approve it.

[0:03:38] Voice 1: um you know assuming or understanding that they were reviewed at the time by the the chair and

[0:03:44] Voice 1: um it's just for the record so yeah and

[0:03:48] Voice 4: i move to approve do i need to second that

[0:03:53] Voice 4: yeah i'll second good okay

[0:03:56] Voice 2: um okay so now on to the applications um and so

[0:04:04] Voice 2: So, Andrew, would you like to speak to this first?

[0:04:10] Voice 1: I'll just, sorry, Priscilla, to interrupt, but I can just give a quick review.

[0:04:15] Voice 1: It may not be necessary, but just as a matter of course, and then we can open it up if that's okay with you.

[0:04:24] Voice 2: Yes.

[0:04:24] Voice 2: Right.

[0:04:25] Voice 1: So, as I said, Cameron Thorne, the applicant, is with us. And this is an application for 9882 Castle Road. And the purpose of the appeal is to vary the siting and size provisions for the Rural Residential 2 Zone of the South Pender Land Use By-law, and specifically Article 5.16, sorry, Bracket 6, Bracket A, which states the minimum setback for any building or structure.

[0:04:55] Voice 1: except defense pump house, sorry, pump utility house

[0:04:59] Voice 1: shall be sited at least 7.6 meters

[0:05:01] Voice 1: from any front or rear lot line.

[0:05:04] Voice 1: And that would be varied to permit an accessory building,

[0:05:07] Voice 1: which is a cistern shed or utility shed

[0:05:10] Voice 1: within 0.6 meters or two feet from the rear lot line.

[0:05:15] Voice 1: So the application is being made

[0:05:16] Voice 1: under section 540 bracket A bracket I

[0:05:20] Voice 1: of the Local Government Act

[0:05:21] Voice 1: for a variance to a bylaw respecting

[0:05:23] Voice 1: affecting sighting size and dimension or dimensions of the building and structure.

[0:05:28] Voice 1: So the proposed building is 22.3 meters squared and is to be used to house mechanical and electrical

[0:05:35] Voice 1: equipment for rainwater catchment cisterns and delivery systems, as well as for tool and firewood

[0:05:41] Voice 1: storage. So the building, as shown on figure two of the staff report, is to be sited in the lower

[0:05:48] Voice 1: southeast portion of the property adjacent to Spalding Road. The applicant Cameron has provided

[0:05:55] Voice 1: a cover letter which was attached to the staff report and that details site conditions and design

[0:06:01] Voice 1: considerations and a rationale for the proposal. So the latter is basically minimizing the impact

[0:06:08] Voice 1: on the natural environment and that's through avoiding removal of mature Douglas fir and cedar

[0:06:14] Voice 1: trees um avoiding topographical topographically steep and geotechnically constrained areas if

[0:06:22] Voice 1: if the building was sited to meet the setbacks uh with the added costs and disruption to uh

[0:06:29] Voice 1: the natural environment by doing so maintaining distances to neighboring dwellings and minimizing

[0:06:35] Voice 1: visual impacts from the roadway the applicants also provided a hardship rationale which was

[0:06:43] Voice 1: also attached to the report. Other than a variance the alternatives available to the applicant are

[0:06:50] Voice 1: to either build to conform or to make a subsequent development variance permit application.

[0:06:57] Voice 1: I note that the applicant has also obtained a required permit from the Ministry of Transportation

[0:07:04] Voice 1: and Infrastructure for construction within 4.5 meters of a road right away. So the notices were

[0:07:11] Voice 1: circulated to all adjacent neighbors by hand and by mail in addition they were posted on island

[0:07:16] Voice 1: bulletin boards and the islands trust website and to date or to this time we have received no

[0:07:23] Voice 1: response staff with one of the board of variance members andrew mclean and the applicant attended

[0:07:31] Voice 1: the site on october 15th and i provided photographs to the board of that visit so

[0:07:40] Voice 1: So just quickly, the intent of the regulation

[0:07:42] Voice 1: that's being buried, section 542 of the Local Government Act

[0:07:49] Voice 1: states that the board may grant a Viner variance

[0:07:52] Voice 1: if the board is of opinion that the variance

[0:07:55] Voice 1: does not defeat the intent of the bylaw.

[0:07:59] Voice 1: Although the board must form its own opinion,

[0:08:02] Voice 1: some considerations for step-back provisions

[0:08:05] Voice 1: are limiting visual impacts of development

[0:08:08] Voice 1: on adjacent properties establishing a consistent development pattern within the local area

[0:08:13] Voice 1: protection of views scenic areas and distinctive features contributing to the overall quality of

[0:08:18] Voice 1: and scenic value of the trust area maintaining a rural character and establishing certainty

[0:08:23] Voice 1: with respect to residential development by maintaining consistent siting regulations

[0:08:28] Voice 1: So, just a quick summary of legislative context.

[0:08:36] Voice 1: Page six of the staff report provides a summary of that.

[0:08:41] Voice 1: And I'll note that the applicant, the Board of Variants can vary certain zoning provisions where the applicant can adequately demonstrate to the satisfaction of the board that the compliance with the bylaw provisions would cause the applicant undue harm.

[0:08:58] Voice 1: hardship. So without reciting all of the sections 542 and 1 and 2, staff can confirm that conditions

[0:09:11] Voice 1: have been met and specifically that the statutory notification has been undertaken. The proposed

[0:09:17] Voice 1: variance is of a minor nature. The natural environment will not be adversely impacted

[0:09:22] Voice 1: as the citing aims to minimize removal of trees and land alteration that would be necessary if

[0:09:29] Voice 1: the building was cited to meet the 7.6 meter setback requirement. The variance will not

[0:09:35] Voice 1: impact the use and enjoyment of neighboring properties. The variance does not vary permitted

[0:09:42] Voice 1: use or density. The variance does not defeat the intent of the bylaw and the variance would not be

[0:09:47] Voice 1: in conflict with any covenants or permits just noting that there is a covenant on the property

[0:09:54] Voice 1: that prohibits development of any habitable buildings in that portion of the property as

[0:09:59] Voice 1: the subject building is not human habitation there's no effect with this application so finally

[0:10:05] Voice 1: in considering an appeal the board should be satisfied that the requirements under the local

[0:10:10] Voice 1: government act 542 1 and 2 are met specifically that the owner would experience a hardship if

[0:10:16] Voice 1: the appeal is not granted and secondly that proposed variance is minor is of a minor nature

[0:10:23] Voice 1: and that's maybe not a brief summary but um that's a summary of the staff report

[0:10:33] Voice 2: so andrew do you want to do you want to speak first i'm

[0:10:38] Voice 4: yeah i'm happy to i wonder from phil

[0:10:40] Voice 4: do we need to establish whether or not there is a hardship before we have too much discussion or

[0:10:45] Voice 4: Or can we assume there is a hardship?

[0:10:47] Voice 4: Do we need to specifically cite whether or not there is hardship?

[0:10:50] Voice 4: That was a big discussion.

[0:10:51] Voice 4: You do

[0:10:51] Voice 1: have to, yeah, you have to turn your minds to it.

[0:10:56] Voice 1: And yeah, it's basically a question that the Board of Variants has to be satisfied.

[0:11:01] Voice 1: So however you want to approach that, there's no, I don't think there's any structure that

[0:11:06] Voice 1: you have to declare a hardship, but you can go through your

[0:11:09] Voice 1: line of questions.

[0:11:09] Voice 1: Sorry, I shouldn't say that.

[0:11:11] Voice 1: it it in your yeah in your deliberations you should you should sort of establish that to

[0:11:17] Voice 1: the satisfaction of the board so yeah not a very good answer was that so it works

[0:11:24] Voice 4: yeah

[0:11:26] Voice 1: i mean you

[0:11:26] Voice 1: can do it through questioning the applicant i don't know if if um if cameron would like to

[0:11:32] Voice 1: to say anything but um yeah or you can have a dialogue with him so yeah sort

[0:11:39] Voice 4: of my own take

[0:11:40] Voice 4: take on this particular one is that it's not my favorite location for a building the Spalding

[0:11:46] Voice 4: Valley Road there is a very beautiful long road with greenery on each side of it and there's sort

[0:11:53] Voice 4: of like a thick area of greenery but given the shape of the applicant's lot the steeply sloping

[0:11:59] Voice 4: area it would be hard it would be hard for him to locate his pump house back where the zoning

[0:12:06] Voice 4: bylaws suggests that it should be located and i do see that he's taken he's done whatever he

[0:12:13] Voice 4: can to sort of minimize the visual impact of the shed and to avoid removing some large trees so

[0:12:19] Voice 4: i feel that while it's not my favorite location for it if it may be the best location for a

[0:12:26] Voice 4: pump house on his site i'm not sure what priscilla's thoughts are as to this location and

[0:12:32] Voice 4: sort of how it works with the the bylaws and the setbacks well

[0:12:38] Voice 2: and and not having been to the site

[0:12:41] Voice 2: um but certainly the photographs do uh are are pretty clear indication of how steep

[0:12:49] Voice 2: steeply it slopes and so you know zoning and and land uses one size doesn't fit all

[0:12:58] Voice 2: and you have to be able to accommodate topography especially and as well as existing trees so not

[0:13:08] Voice 2: you know relying on both Phil and you Andrew seeing the site if it's the only place for this

[0:13:18] Voice 2: small building or if if it's the most commonsensical location for this this small

[0:13:26] Voice 2: small building, then, yeah, I mean, it's awfully close to the road and it, it will have a visual

[0:13:32] Voice 2: impact, but, um, you know, it, it looks as though putting it anywhere else would have a worse

[0:13:39] Voice 2: impact, uh, in terms of, of, uh, the site and natural features and, and, uh, trees and so

[0:13:49] Voice 2: so forth so uh i think oh go ahead sorry

[0:13:55] Voice 1: i was just gonna um out of turn but um maybe camera

[0:14:00] Voice 1: there is a few practical um considerations of why the building's there and and how it's going to be

[0:14:05] Voice 1: treated so cameron may want to make uh i mean a lot of this was included in the information he

[0:14:11] Voice 1: provided but um he may want to just speak to that uh um the practical reasons and some of the design

[0:14:17] Voice 1: design considerations or he's put into this so um it may be uh just just even i mean obviously

[0:14:24] Voice 1: andrew's seen all that but priscilla it might be good for your

[0:14:26] Voice 4: edification

[0:14:27] Voice 1: so yeah um well thank

[0:14:30] Voice 1: you can you hear me okay

[0:14:31] Voice 3: yep oh yeah okay great and and thanks for your thanks for your time this

[0:14:35] Voice 3: morning um yeah so briefly and i appreciate the opportunity for phil and andrew to come out there

[0:14:40] Voice 3: on the 15th of october and and walk the site um one one thing that i just want to point out in

[0:14:46] Voice 3: terms of um you know visual impacts is that um i i've got about a half of my overall property

[0:14:53] Voice 3: currently fenced with um six foot six high um cedar grape state you know split vertical split

[0:14:59] Voice 3: rail fencing and uh you know with a very undulating pattern at the top that will continue behind this

[0:15:05] Voice 3: building um as noted in my in my description the the shed the shed there's a shed roof on the

[0:15:13] Voice 3: the building with the the facade of the building that faces the road being about nine being nine

[0:15:18] Voice 3: feet high so it would express less than three feet of of um building as above the six foot six

[0:15:27] Voice 3: fence line and i'm going to do the building uh with a board and batten so i'm going to use

[0:15:33] Voice 3: unstained just a natural board and batten so i'll go that silvery color and one of the comments

[0:15:38] Voice 3: that you know when i was when we were standing on spalding road and looking back at it is uh and i'm

[0:15:45] Voice 3: very open to this and i think it was a good suggestion is is supplemental planting in and

[0:15:50] Voice 3: around the the um the building as well um and so i you know i've had quite a bit of success with

[0:15:57] Voice 3: things like portuguese laurel they grow quite quite well and quite fast the reality is and you

[0:16:03] Voice 3: You couldn't see it when you did the site visit, but further to the east along the property, the blackberries have sadly, but they've taken over.

[0:16:11] Voice 3: They're growing 10 feet high along there anyhow.

[0:16:13] Voice 3: So the reality is, is that, you know, one way or another, there's going to be vegetation.

[0:16:17] Voice 3: And I'm quite confident that you would probably see very little of any of the building over the course of time.

[0:16:23] Voice 3: So I don't know if I don't want to take too much time.

[0:16:26] Voice 3: I know it's, you know, it's not really my role to speak here, but, you know, very, very, you know, I'm very design driven as an individual.

[0:16:33] Voice 3: I put a lot of passion into into the treatment of the buildings that I that I build and and certainly want, you know, care very much about the rural character.

[0:16:41] Voice 3: I mean, it's one of the things that I speak about on an almost weekly basis on the on the island.

[0:16:46] Voice 3: So I'm very sensitive to that and, you know, commit to approaching this very carefully to to make sure that it's it's very consistent with the rural character.

[0:17:00] Voice 3: Thanks.

[0:17:04] Voice 4: Yeah, I feel that I wouldn't want this to become precedent setting and suggesting that we should be putting buildings close to the road there.

[0:17:13] Voice 4: But I feel that there is a sort of massive cliff-shaped hardship that prevents you from locating this building where it should be located.

[0:17:21] Voice 4: and i feel that it's while it's not an ideal location it may be the best location

[0:17:29] Voice 4: to have the sort of shed there by the road so i feel that i think i should support this application

[0:17:37] Voice 4: i'm not sure how priscilla feels if she's sort of feeling similarly or

[0:17:41] Voice 4: she's opposed but i feel that it's it's okay to have this one building there

[0:17:47] Voice 4: given the fact that there's not a good other place to locate this building yeah

[0:17:54] Voice 2: and based on the

[0:17:55] Voice 2: information i've been given i i agree because you know it doesn't make sense to um destroy

[0:18:03] Voice 2: a lot of the site and spend money unnecessarily uh just to accomplish a setback you know it it is

[0:18:13] Voice 2: zoning isn't one size fits all and that's exactly what the variance process allows it's to

[0:18:19] Voice 2: accommodate existing site features that are more important than the setback i think yeah so um i i

[0:18:28] Voice 2: would support this as well but

[0:18:30] Voice 1: i agree with

[0:18:30] Voice 2: you you don't want to have it be a precedent setter

[0:18:33] Voice 2: it's just it's it's just because the site um because of existing conditions on the site and i

[0:18:41] Voice 2: the photographs of the rock outcroppings are beautiful and the trees are you know you've got

[0:18:47] Voice 2: some nice mature trees there so you want to hang on to those exactly okay

[0:18:58] Voice 4: so phil where do we go

[0:19:00] Voice 4: from here do we make a motion to phil

[0:19:03] Voice 3: you're on mute i think sorry

[0:19:07] Voice 1: i'm just i'm just going to pop

[0:19:09] Voice 1: a motion into the chat if that's okay and then that way um shannon has it as well and then if

[0:19:16] Voice 1: somebody wants to make the motion then uh we'll go from there so just make sure it's okay can you

[0:19:30] Voice 1: guys see that um

[0:19:33] Voice 4: i don't think i can see it on my phone oh

[0:19:36] Voice 1: okay um if you could read

[0:19:40] Voice 4: it that would

[0:19:40] Voice 4: be fantastic or

[0:19:41] Voice 1: if priscilla wants to make the motion sorry this is kind of we're kind of playing

[0:19:46] Voice 1: around here but uh if priscilla wants to make the motion if she can see it in the chat function

[0:19:50] Voice 3: That

[0:19:50] Voice 1: may be make it just a bit easier. Presumably, Shannon, you can see it as well, or can you see that motion in the chat?

[0:19:58] Voice 2: I can. Thank you. That's very helpful.

[0:20:00] Voice 2: Okay. So, that having considered the matter set out in Section 5421C of the Local Government Act, and having found that undue hardship would be caused to the applicant if Article 5.3.8.1 of the South Pender Island Land Use Bylaw is complied with.

[0:20:22] Voice 2: sorry

[0:20:23] Voice 1: can i just stop you right there sorry i apologize i was lifting this off another one and

[0:20:28] Voice 1: so that it should be article 5.1 bracket 6 bracket a okay

[0:20:37] Voice 2: 5.16 a okay of the south pender island land

[0:20:47] Voice 2: land use bylaw is complied with the South Pender Island board of variants

[0:20:52] Voice 2: approve application S P E O V

[0:20:57] Voice 2: dash two zero two 1.1 thorn to permit an

[0:21:02] Voice 2: existing. Oh,

[0:21:05] Voice 1: again, my error there. I was going fast.

[0:21:07] Voice 1: So to permit it, take out existing, sorry.

[0:21:10] Voice 1: To

[0:21:11] Voice 2: permit an accessory. Thank you.

[0:21:13] Voice 2: an accessory building cistern shed within 0.6 meters two feet from the rear lot line

[0:21:21] Voice 2: schedule a of the npbov-2021.1 notice of hearing second yeah

[0:21:33] Voice 4: oh

[0:21:35] Voice 2: go ahead andrew i second that

[0:21:38] Voice 4: motion so

[0:21:40] Voice 1: you just need to vote on it and then all

[0:21:44] Voice 4: in favor okay

[0:21:48] Voice 1: and shannon i'll clean that up and

[0:21:50] Voice 1: send it to you just so you know that's

[0:21:54] Voice 2: fine i was able to get the change okay well thank you thanks

[0:22:02] Voice 2: for you you've given us a couple of easy ones phil thank you

[0:22:06] Voice 1: yeah the um i i was saying to

[0:22:10] Voice 1: to Andrew on site, we do have for North Pender,

[0:22:16] Voice 1: which is the same board, an interesting one coming,

[0:22:19] Voice 1: which is for a reconstruction of some shoreline protection.

[0:22:26] Voice 1: So that'll be a green shores approach with some engineering.

[0:22:29] Voice 1: So that could be a bit more, a bit interesting too.

[0:22:33] Voice 1: So, yeah, yeah.

[0:22:34] Voice 1: So, but it's good to,

[0:22:37] Voice 1: we're getting a few of these under our belts and

[0:22:41] Voice 1: um and it's and i'm glad that we were able to do this uh given the weather conditions this morning

[0:22:46] Voice 1: so yeah

[0:22:46] Voice 2: so

[0:22:47] Voice 1: there is there despite its drawbacks zoom does have its its benefits so yeah yeah it

[0:22:55] Voice 2: it uh it allows people to multitask in different

[0:23:00] Voice 2: locations yeah

[0:23:01] Voice 1: yeah so

[0:23:02] Voice 2: thank thank you again for

[0:23:05] Voice 2: a very comprehensive report and thanks to you and andrew for the photographs and and uh

[0:23:12] Voice 2: and mr thorn too so um perfect thanks

[0:23:18] Voice 3: i'd just like to say i'd just like to say thank you both

[0:23:20] Voice 3: to priscilla who i've not met before but nice to meet you virtually and to andrew who i've

[0:23:25] Voice 3: known for a while and to phil so you know thanks again thanks very much phil very well written

[0:23:31] Voice 3: and report um and um yeah it was well explained well well well laid out and uh and thanks for

[0:23:38] Voice 3: thanks for the work that you both do is as board of variance members um as well do appreciate it

[0:23:43] Voice 3: thank you

[0:23:45] Voice 2: cameron yeah thank you stay safe everyone yeah

[0:23:49] Voice 1: avoid the trees yeah yeah yeah

[0:23:51] Voice 1: and thanks uh thanks to shannon and robin too thanks for thank you yeah all good

[0:23:58] Voice 1: okay cheers

[0:23:59] Voice 1: guys bye-bye

[0:24:01] Voice 3: and

[0:24:02] Voice 1: shannon sorry just quickly i just there's one small uh typo that i'll i'm just

[0:24:06] Voice 1: going to rewrite it and i'll i'll can i email it to you or is that the easiest oh you're muted

[0:24:12] Voice 1: sorry right

[0:24:13] Voice 2: absolutely is

[0:24:14] Voice 1: that the best way to do it yeah okay yeah

[0:24:16] Voice 2: however okay

[0:24:17] Voice 1: great thanks all

[0:24:18] Voice 1: thank you

[0:24:19] Voice 4: everybody bye-bye

[0:24:21] Voice 1: thanks robin