Title
Development Variance Permit and Floodplain Exemption for Lot 3, Section 15, Otter District, Plan 11437, except Parcel A (DD33503W) - 3139 Otter Point Road
Recommendation
(At its November 18, 2025 meeting the Juan de Fuca Land Use Committee amended the recommendation as noted below.)
The Land Use Committee recommends to the Capital Regional District Board:
That Development Variance Permit and Floodplain Exemption DV000093 to authorize the siting of a proposed dwelling on Lot 3, Section 15, Otter District, Plan 11437, except Parcel A (DD33503W) be approved as follows:
1. Juan de Fuca Land Use Bylaw, 1992, Bylaw No. 2040, Schedule A, Part 2:
a) Section 2.07(a) is varied by reducing the front yard setback requirement from 7.5 m to 4.5 m; and
b) Section 2.07(c) is varied by reducing the flanking yard setback requirement from 6 m CTS to 4.5 m.
2. Pursuant to Section 524 of the Local Government Act, the floodplain setback for DeMamiel Creek specified by Juan de Fuca Land Use Bylaw, 1992, Bylaw No. 2040, Schedule A, Part 5, Section 2(a) is reduced from 30 m from the natural boundary to 11 m from the crest of the slope above the western side of the creek as shown in the geotechnical report certified by Shane Moore, P.Geo., dated July 15, 2025, revised July 30, 2025, subject to the following:
a) That the professional geotechnical engineer’s report certified by Shane Moore, P.Geo., dated July 15, 2025, revised July 30, 2025, be secured via a restrictive covenant registered on title pursuant to section 524(8)(c) of the Local Government Act;
b) That development of the property comply with the recommendations outlined in the professional engineer’s report certified by Shane Moore, P.Geo., dated July 15, 2025, revised July 30, 2025; and
c) That the building setbacks be verified by BCLS survey prior to completion of the building permit.
(NWP - Voting Block A: JDF EA, Colwood, Langford (Goodmanson), Metchosin, Sooke)