4428 and 4430 Ross Crescent
Development Variance Permit applications have been received for 4428 Ross Crescent and 4430 Ross Crescent. Proposed Development Variance Permit 20-020 and Proposed Development Variance Permit 20-021 would allow for the construction of two single-family dwellings on the subject lands (which are currently two separate legal lots).
The proposed development variance permits would allow the height, highest building face, and retaining walls of the single-family dwellings to be measured from the proposed flood construction level of 5.26 metres (17.26 ft.) above sea level (rather than from the existing grade which is prone to coastal flooding events).
On July 26, 2021, Council scheduled consideration of Proposed Development Variance Permits 20-020 and 20-021 at the regularly scheduled Council meeting on September 13, 2021.
FLOOD CONSTRUCTION LEVEL
With the increased risk of flooding due to climate change and sea level rise, staff are conducting analysis to develop policy and/or regulations to mitigate the risk of flood impacts. Section 524 of the Local Government Act, “the Act”, authorizes the District to designate, as a floodplain, land Council considers may be subject to flooding.
Once the District designates land as a floodplain under section 524 of the Act, the District may also specify what is commonly known as a flood construction level for that land. In addition, or alternatively, the District can regulate development in areas prone to flooding by establishing one or more development permit areas under section 488 of the Local Government Act.
In the absence of a bylaw under section 524 of the Act, or a development permit area designation under section 488, there is no legislated “flood construction level” for any particular property in West Vancouver. However, this does not mean the District is obliged to approve permits for construction on land that might be subject to flooding. In the case of building permits, section 56 of the Community Charter specifically authorizes building inspectors to require “safe use” certifications. In the case of development variance permits, it’s open to Council to require an applicant to provide some evidence, for example in the form of professional certification, that the proposed construction is safe for the intended use.
The District requires that homes are constructed that are not knowingly predisposed to flooding events and are safe for habitation. Staff requested that the applicant provide materials from a qualified professional using the most up-to-date guidelines and data (i.e. the amended provincial regulations) to satisfy this requirement.