5120-5144 Cordova Bay Road is a proposal to build a mixed-used residential and retail community consisting of three four-storey buildings with 86-units of condominiums and
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Rumor is no asbestos abatement was completed and those piles on site are loaded with hazmat
The NIMBYs aren't letting this one go without a fight, and they are willing to waste BCSC time to try and get their way.
Saanich residents frustrated with council’s approval of a four-storey condo-retail development in Cordova Bay are seeking a judicial review in B.C. Supreme Court....The petition, filed March 27 by residents Derek Hopkins and Karl Doetsch, maintains the wrong set of rules was used in approving the new development at 5120 and 5144 Cordova Bay Rd. — resulting in it being four storeys rather than one or two. Lawyer David Busch, who is representing Hopkins and Doetsch, said the zoning bylaws for the area and the official community plan — specifically appendix N, which deals with development permit areas — are in conflict. The official community plan says new buildings in the area should not exceed 7.5 metres in height, Busch said. “It is our understanding of the law that the official community plan trumps zoning bylaws.”...
Let's just hope they are not successful or development could be brought to a halt everywhere.
^ that is interesting. Suppose they are successful. That CSV development that had a big uproar conformed to the OCP, did it not? Was zoning amended?
^ Personally, I don't think this is going anywhere. If the OCP trumped zoning bylaws, then nobody in downtown Victoria would need to rezone their property because of the OCP designations. The OCP does not trump existing zoning, it establishes the plan and process for rezoning. Councils cannot adopt a bylaw that is contrary to the OCP, but existing zoning is existing zoning.
As for the DP guidelines in Appendix N, they're just that: guidelines. That's why every single statement contained in the guidelines is prefaced by "should," not "must." A variance is only required when something is contrary to the zoning bylaw.
You'd think by passing a OCP, councils should be obligated to proactively rezone as part of that...