Powell River council grants sidewalk/hydrant variance to strata

City of Powell River Council has passed a development variance permit to allow for occupation of multi-unit dwelling on Burnaby Street.

At a May 8 meeting, councillors considered a motion to relax sidewalk width requirements and the requirement to provide one metre of clear space around a fire hydrant that is adjacent to a fence at the property, located at 6900 Burnaby Street.

At the meeting, director of planning services Jason Gow said the matter before council was a development variance permit application that proposes to vary requirements for works and services for an already constructed multi-unit development. Gow said council has seen reports related to this development a number of times.

“It is getting closer to completion, which is great news for our community,” said Gow. “The three multi-unit residential buildings were built in a phased strata development over the last three decades.”

He added that the original phase of 16 units was built in 1995, with phase two in 2021 and phase three registered on March 24, 2025.

“Final occupancy for phase three is being withheld until all project requirements are met,” said Gow. “One area that requires approval from council before occupancy can be granted is related to some of the works and services required as per the city’s infrastructure design and construction bylaw.”

Gow said as the project approached completion, deficiencies were uncovered. He said prior to occupancy being granted, the developer must achieve a variance from council or rebuild those deficient works and services to accurately reflect the approved drawings.

The developer has opted to seek a variance through relaxing the required sidewalk width from 1.65 metres to 1.5 metres, and the requirement to provide a minimum one-metre clear space around a fire hydrant, allowing a gate within the clear space minimum.

Gow said the developer incorrectly built a 1.5-metre sidewalk, which is not ideal, but staff are in favour of council granting approval to the requested variance. As for the variance related to the required clear space around a fire hydrant, a minimum of one-metre clear space is required.

“This is so when the fire hydrant is in operation, there is enough space to swing a large tool that opens up the hydrant,” said Gow. “The developer has installed a hydrant with limited clearance due to the adjacent fencing. Rather than remove the fencing for the required clear space minimum, the developer has proposed to install a swinging gate that can be opened to create the required one metre separation from the hydrant. This alternative solution is supported by the city’s fire chief and staff supports granting approval for this requested variance.”

Councillor George Doubt said from a photo in the agenda package, it looks like the fence is built right up to the fire hydrant. He asked if the gate is in place.

Engineering technologist Brett Osualdini said there wasn't a gate in place the last time he was at the property. He said his understanding is the section of fence would be replaced with a swinging gate.

Doubt said he would want a metre clear on each side of the fire hydrant and the simple way to address it was a gate, but he had some concerns about the gate. He said the fire department should be able to connect hoses as rapidly as possible because lives might be hanging in the balance.

Councillor Cindy Elliott said the fire hydrant is a bigger issue than it seems because property owners will treat the inside of the fence as their own and could create obstructions that could be hazardous during a fire. She said there needs to be a requirement that there is no obstruction on either side of the fence.

Councillor Jim Palm said he wanted to compliment the developer for providing more housing in the city.

“This is a longtime coming and I’m glad that it is getting close to completion,” added Palm.

Elliott moved an amendment to the motion striking out the reference to the one-metre space around the fire hydrant. She said the motion would only refer to the sidewalk.

“My preference would be to change the fence and delineate the appropriate space, rebuilding the fence so there is the proper amount of space,” said Elliott.

Mayor Ron Woznow said council had heard from the fire chief and staff supported the recommendation, so he would not support the amendment. The amendment failed.

Council then considered the motion for the variance for the sidewalk and the gate by the fire hydrant. The motion carried.

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