Development Variance Permit - DVP17-0007 (2213 Navigators Rise)

Notice of Intention to Consider Issuance of a Development Variance Permit

Council for the City of Langford hereby gives Notice of Intention to consider issuance of a Development Variance Permit at its Regular Meeting scheduled for 5:30 pm, Monday, 17 July 2017, in the City Hall Council Chamber on the Third Floor of 877 Goldstream Avenue.

The purpose of this Notice is to acquaint the property owners and residents in the area with the specifics of the proposed variance. We request that any written submissions be submitted by Wednesday, 12 July 2017. The submissions will then be distributed for Council's consideration. You may also speak at the Council Meeting of 17 July 2017 during the Public Participation Section at the beginning of the meeting.

Relevant background information and a draft of the permit are available in the Planning Department for perusal Monday through Friday, except Statutory Holidays, during office hours (8:30 am to 4:30 pm). Please contact Julia Buckingham with any questions on this Development Variance Permit.

Braden Hutchins
Director of Corporate Services

BRAD CUNNIN LAND SURVEYOR

101-2610 Douglas Street, Victoria, BC
Phone: 250-480-9693
V8T 4M1
e‑mail: brad@bcsurveyor.ca

11 June, 2017
Our File: 11179 - 119

The City of Langford
2nd Floor, 877 Goldstream Avenue,
Langford
British Columbia, Canada
V9B 2X8

Attention: Mayor and Clerk in Council

2213 Navigator’s Rise Development Varaince Permit Applications

PID: 028‑878‑264 - Lot 12, Section 83, Highland District, PLAN EPP18069

I write on behalf of my client, and after all these years my friend, Gursharan (Sunny) Grewal and his upcoming DVP request on 2213 Navigator’s Rise. I have been Sunny’s Land Surveyor for over 3 decades, and in that time I have always found him to be a conscientious and competent builder and developer, and a person with whom I would continue to do business and enjoy working for.

In the matter at hand, Sunny is caught, through no real fault of his own, in a situation where several parties have placed him, and he is the ‘responsible’ party.

As you are aware from the application, the house that Sunny has built is over-height. Not because he overbuilt it, I can attest professionally that he built it exactly to plan, but because it was designed by his designer, and passed by the building inspection department as being over-height. I don’t make that claim to assign blame, only to try to absolve Sunny from some of it.

We all make mistakes, fortunately we have mechanisms to keep the correction of mistakes proportionate and relevant when blind adherence to written words (read ‘bylaws’) falls out of step with being in the real world.

We provided Sunny with a geodetic benchmark that he built correctly to; his floor elevation is as per the plans prepared by Java Designs. In Langford, with your generous height allowance, we have not, until the last year, ever been asked to provide a height assurance. As a result of that, we have not, as a matter of practice in the past, looked at plans for height, or prepared letters of assurance as we do for other municipalities. I understand that is now more common practice, but Sunny’s house was started and framed to the roof well before that changed.

I am aware that at least one neighbor was originally concerned about the height of Sunny’s house, but in conversation with either that person or another neighbor, I pointed out that Sunny’s roof is almost flat, and only slightly tilted. Had it been a pitched roof, it could have been significantly higher along the highest ridge, since height is calculated to the mid-point. This would have greater impact on views than the current situation.

I would encourage Council in its capacity to grant Variance Permits, to consider the facts and impact of this matter, and to grant Mr. Grewal his Varaince.

I am going to make one additional request for council to consider on Mr. Grewal’s behalf, which he has not asked for. Mr. Grewal has endured and endeavored to resolve this issue properly. We made the request to have this heard as a Board of Variance application since at the time it was discovered, the house had been framed for quite a period of time, and it was a ‘hardship’ for Sunny, but that was not approved. So he has had to go through the DVP process, at no inconsiderable expense to himself, in both fees, consultants, waiting charges for equipment on site, and interest. I would beg of council to consider, if possible, refunding Mr. Grewal his application fees for the DVP.

I thank you for your time in considering this letter in support of Sunny, and I remain

Bradley W Cunnin, BCLS

Brad Cunnin Land Surveyor.
2235 Lydia Street
Victoria, BC V8R 4K6 Tel: (250) 480‑9693
Email: brad@bcsurveyor.ca

An un-informed choice is not a choice.