North Pender Island Local Trust Committee regular meeting, March 23, 2022

[0:00:00] Voice 4: acknowledge that um we were beginning the meet the board of variance meeting um i acknowledge

[0:00:09] Voice 4: that we are meeting in the treaty lands and territories of the wasanic peoples in the

[0:00:14] Voice 4: coast salish territory in the lands and waters of the salish sea um so um i'd like to introduce

[0:00:26] Voice 4: myself, Priscilla Zimmerman as chair of the Board of Variants, Andrew McLean as a member

[0:00:34] Voice 4: of the Board of Variants, Robin Elchuk, who's the planning team assistant who is running the Zoom

[0:00:41] Voice 4: meeting, Pat Todd, the minute taker, and Phil Testamale, and I'm sorry if I didn't pronounce

[0:00:50] Voice 4: that correctly. I mispronounce my own name regularly. Planner 2 and Secretary to the

[0:00:57] Voice 4: North Pender Board of Variants. And I'd like to welcome the applicant, Scott Elliott, in

[0:01:02] Voice 4: attendance. So now I'd like to call for the approval of the agenda. Okay.

[0:01:22] Voice 4: And approval of

[0:01:24] Voice 4: of the minutes.

[0:01:26] Voice 2: Second.

[0:01:27] Voice 4: Okay.

[0:01:31] Voice 4: And so Phil will now give a brief update.

[0:01:37] Voice 1: Great, so just on terms of membership,

[0:01:40] Voice 1: really quickly, we put out an expression of interest

[0:01:44] Voice 1: and we did receive one person who's wanting to join,

[0:01:50] Voice 1: I believe South Pender, North Pender,

[0:01:52] Voice 1: Galliano and possibly Maine as well,

[0:01:54] Voice 1: a Burt Hole who's the land surveyor and I was talking to Robert Kojima and I think that should

[0:02:02] Voice 1: be done the local trust committee the north pender island local trust committee for their part should

[0:02:07] Voice 1: be doing that tomorrow so the next time we convene we should be back to a full contingent of three

[0:02:17] Voice 1: people I don't know if Andrew if you know Burt at all no okay but be interesting to have that

[0:02:23] Voice 1: perspective of someone who's has a career in land surveying so yeah that's really

[0:02:29] Voice 1: the only update

[0:02:32] Voice 1: okay so

[0:02:36] Voice 4: um uh now i guess we'll go to the application and and phil you'll run with that

[0:02:45] Voice 4: yep i'll just uh yeah

[0:02:46] Voice 1: thanks thanks uh chair zimmerman so north pender board of variants uh

[0:02:52] Voice 1: 2022.1 Elliott, which is for 37182 Schooner Way. This is an application under 540 of the Local

[0:03:00] Voice 1: Government Act and to vary the North Pendera Island land use bylaw set back to a front lot

[0:03:06] Voice 1: line for an existing dwelling on the subject property and specifically its variance to clause

[0:03:12] Voice 1: 8.1.5 bracket 1 bracket A, which states that no building or structure may be located within 7.6

[0:03:20] Voice 1: meters of a front or rear lot line would be varied to permit an existing building within

[0:03:26] Voice 1: seven meters or 23 feet of the front lot line and just as a quick background the legal survey

[0:03:32] Voice 1: from 2009 revealed that the front entrance foyer addition was constructed as an addition to the

[0:03:40] Voice 1: house in 1979 by a previous owner and that encroaches by the 0.6 meters or two feet into

[0:03:46] Voice 1: the front lot setback and given that fact and the timing of that the dwelling is considered to be

[0:03:55] Voice 1: illegal non-conforming and any additions or alterations would require that it be legalized

[0:04:00] Voice 1: either by altering the building to conform or by an approved variance so as is stated in the

[0:04:10] Voice 1: background or in the staff report the applicants are proposing to do a substantial renovation to

[0:04:16] Voice 1: the house but that no aspect of that increases the non-conformity the applicants provided a

[0:04:23] Voice 1: rationale with respect to hardship and that was attachment three to the staff report

[0:04:28] Voice 1: and finally staff is satisfied that all of the requirements in the local government act

[0:04:34] Voice 1: specifically with regards to section 542 have been met and those are that the statutory

[0:04:42] Voice 1: The proposed variances of a minor nature, as it is for a small portion of the building that has been in place since 1979, the natural environment would not be impacted as a variances for an existing structure structure and a previously disturbed area, the variance

[0:05:00] Voice 1: would not impact the use or enjoyment of neighboring properties, the variance would not very permitted any permitted use or density.

[0:05:08] Voice 1: it would not defeat the intent of the bylaw and it would not be in conflict with any covenants or

[0:05:16] Voice 1: permits so and just a last comment in regards to the board's obligations they should be satisfied

[0:05:23] Voice 1: the requirements in the local government act have been met and specifically that the owner

[0:05:29] Voice 1: would experience hardship if the appeal is not granted and secondly that the proposed variance

[0:05:34] Voice 1: is of a minor nature and then it's back over to you chair Zimmerman um

[0:05:41] Voice 4: Andrew do you have any

[0:05:43] Voice 4: comments or uh questions

[0:05:47] Voice 2: I don't I'm lucky that we're standing on site right now I've been able

[0:05:52] Voice 2: to go around the site looking with Scott we've seen that his where his property sits on the lot

[0:05:57] Voice 2: it i can see here now like that there doesn't appear to be a great way to sort of rejig the

[0:06:06] Voice 2: house in order to pull it back no we are allowed to have an overhang but we can see that that

[0:06:11] Voice 2: sort of setback line cuts right through the front door and we can see that if he had to move this

[0:06:17] Voice 2: out of stairs he'd be sort of cutting into the floor plate here so i feel like he doesn't he

[0:06:23] Voice 2: he doesn't have a good way out of this

[0:06:26] Voice 2: and it is sort of existing non-conforming.

[0:06:31] Voice 4: Yeah, and I agree.

[0:06:32] Voice 4: This seemed like a pretty simple variance to look at

[0:06:41] Voice 4: and I don't really have any comments either.

[0:06:44] Voice 4: It's very straightforward.

[0:06:54] Voice 4: So anybody else have anything to say?

[0:06:59] Voice 4: So, Scott, do you have anything you want to add?

[0:07:05] Voice 3: Well, I can't say it any better than Phil had, but I was hoping that you guys would be able to recognize that functionally it would be a real obstacle for having a front entrance at all, if it were to change.

[0:07:17] Voice 3: I appreciate all the work you put in. Thanks.

[0:07:23] Voice 4: So, Phil, can I just move for a motion right now?

[0:07:28] Voice 1: You just need a motion and then vote on a motion.

[0:07:31] Voice 1: And I've given, I've emailed the motions to Pat and Andrew and yourself.

[0:07:39] Voice 4: Okay, so I'd like a motion to approve that having considered the matter set out in S5421C of the Local Government Act

[0:07:49] Voice 4: and having found that undue hardship would be caused to the applicant if S-5311 of the Local

[0:07:57] Voice 4: Government Act is complied with, the North Pender Island Board of Variants approve application

[0:08:03] Voice 4: NP-BOV-2021.2 Elliott as presented and shown on schedules A and B of the North Pender BOV

[0:08:18] Voice 4: 2022.1 notice of hearing second

[0:08:25] Voice 2: thank

[0:08:26] Voice 4: you thank you um so i already asked for any discussion on

[0:08:34] Voice 4: the motion so i'm guessing there's nothing more to add so any further discussion i

[0:08:45] Voice 3: just want to

[0:08:45] Voice 3: thank you very much for uh for your attention to it and it happened quite quickly in uh in

[0:08:50] Voice 3: in respect to our project and that and uh i'm grateful for that thanks welcome

[0:08:55] Voice 4: so the the chair

[0:08:57] Voice 4: declares the motion carried um

[0:09:00] Voice 1: or you just have to just technically you should call for a vote yeah

[0:09:04] Voice 1: oh

[0:09:04] Voice 4: call for vote sorry vote oh sorry both of us vote vote yay the

[0:09:12] Voice 1: mouth motion is passed you just

[0:09:14] Voice 1: need to state that yeah

[0:09:15] Voice 4: the motion is passed there thank

[0:09:19] Voice 2: you thank

[0:09:21] Voice 4: you thank

[0:09:22] Voice 2: you okay

[0:09:24] Voice 4: so um i and now

[0:09:26] Voice 4: we can adjourn is that okay yeah

[0:09:32] Voice 1: just by just by general consent you can adjourn yeah so general

[0:09:36] Voice 4: consent we adjourn and everybody carry on and have a great day thanks

[0:09:41] Voice 1: thanks everyone thanks pat and

[0:09:43] Voice 1: uh scott just sorry just a comment um so this i know you have a building permit uh

[0:09:50] Voice 1: review and on hold for this uh and um steven

[0:09:55] Voice 3: we don't have a building permit quite yet we're

[0:09:58] Voice 3: just on the hinge of having it

[0:09:59] Voice 1: okay but are you waiting for you're waiting for our car