REQUEST FOR DECISION
DATE: June 7, 2016 Report No. DEV-16-041
TO: Laurie Hurst, Chief Administrative Officer
FROM: Karen Hay, Planner
SUBJECT:
Title
Covenant Discharge and Development Variance Permit - 741 Admirals Road
[PID 004-338-596, Parcel B (DD139365I) of Lot 20, Section 10, Esquimalt District, Plan 913]
End
RECOMMENDATION:
Recommendation
As the property owner has voluntarily agreed to register a new Section 219 Covenant on the subject property, restricting the development of more additional suites within the building and maintaining the parking as sanctioned by Development Variance Permit No. DVP00046 [Appendix A], that Council direct staff to coordinate with the property owner to ensure a new Section 219 Covenant [Appendix B] is registered against the property title and that the existing restrictive covenant is concurrently discharged from the title for the property located at PID 004-338-596, Parcel B (DD139365I) of Lot 20, Section 10, Esquimalt District, Plan 913 [741 Admirals Road];
And further that Council resolves that Development Variance Permit No. DVP00046 [Appendix A] authorizing the parking layout as shown on the site plan prepared by Robert G. Rocheleau, Praxis Architects Inc., stamped “Received May 24, 2016” and including the following relaxations to Parking Bylaw, 1992, No. 2011, be approved, and staff be directed to issue the permit after the new Section 219 Covenant is registered on the property title, and then register the notice of the Development Variance Permit on the title of the property located at PID 004-338-596, Parcel B (DD139365I) of Lot 20, Section 10, Esquimalt District, Plan 913 [741 Admirals Road]:
Parking Bylaw, 1992, No. 2011, Section 11 (1) - Visitor Parking - A reduction to the requirement that for land zoned multiple family residential 1 of every 4 spaces shall be clearly marked ‘Visitor’ and available for use by non-occupants of the Parcel at all times [ie. from 1 of every 4, to 1 of every 12];
Parking Bylaw, 1992, No. 2011, Section 13(1)(a)(iv) - Parking Requirements - Number of Off-Street Parking Spaces - A reduction to the number of required off-street Parking Spaces, from 14 spaces to 12 spaces [ie. from 1.10 spaces per dwelling unit to 1.0 space per dwelling unit];
Parking Bylaw, 1992, No. 2011, Section 14(2)(a) Parking Requirements - Dimensions of Off-Street Parking - A change to the requirement that for multiple family residential land uses properties are permitted to dedicate up to 50% of parking spaces as small car spaces, allowing 60% of spaces to be small car spaces [ie. 8 of the 12 spaces would be small car sized spaces];
Parking Bylaw, 1992, No. 2011, Section 14 - Dimensions of Off-Street Parking Table 2 - A 0.2 metre reduction to the width of the maneuvering isle adjacent to 0º angle [parallel] parking from 3.7 metres to 3.5 metres for the maneuvering isle adjacent to the north property line;
Parking Bylaw, 1992, No. 2011, Section 14 - Dimensions of Off-Street Parking Table 2 - A 2.2 metre reduction to the width of the maneuvering isle adjacent to 90º angle parking from 7.9 metres to 5.7 metres for the maneuvering isle adjacent to the east property line.
Body
RELEVANT POLICY:
Official Community Plan Bylaw, 2006, No. 2646
Zoning Bylaw, 1992, No 2050
Development Application Procedures and Fees Bylaw, 2012, No. 2791
Advisory Planning Commission Bylaw, 2012, No. 2792
STRATEGIC RELEVANCE:
This Request for Decision does not directly relate to a specific strategic objective.
BACKGROUND:
Appendices:
Appendix A: DVP00046
Appendix B: Covenant (new)
Appendix C: Architect’s Parking Plan
Appendix D: Location, Air Photo, Photo, Mail Notice
Purpose of the Application:
This application is to remove a Restrictive Covenant from the property title, and for a Development Variance Permit to legitimize the parking situation that has existed for several years. The current owner wishes to legalize a suite that was created by a previous owner without the benefit of a building permit, and contrary to the restrictive covenant. The covenant must be removed and a Development Variance Permit issued before a Building Permit could be issued for the additional suite.
Context:
Applicant/Owner: Mike La Roy
Architect: Robert G. Rocheleau, Praxis Architects Inc.,
Property Size: Metric: 669 m2 Imperial: 7201 ft2
Existing Land Use: Multiple Family Residential (Apartment)
Surrounding Land Uses:
North: Parking lot
South: Townhouse Residential
East: Townhouse Residential
West: DND
Existing Zoning: RM-4 [Multiple Family Residential] [No change required]
Zoning:
The building currently contains eleven suites that were built with the benefit of a building permit and a twelfth suite that was not. A previous owner created the additional suite by dividing one large suite into two without the benefit of a building permit. The covenant was registered in 1995 when the building was being used for a use not permitted by the zoning. As the additional suite was created by dividing an existing unit, there is no impact to the floor area ratio, or other zoning regulations for the property. The current property owner has voluntarily agreed to register a new covenant [Appendix B] on the property, restricting the development of further additional suites within the building and maintaining the parking lot as shown in the Parking Plan [Appendix C].
Parking:
A Development Variance Permit is required in order to sanction the current parking situation, providing for the maximum number of legitimate spaces. The property has an existing variance allowing a reduction in the number of required spaces, from 1.3 spaces per dwelling unit to 1.1 spaces per dwelling unit. The requested variance would further reduce the ratio of required spaces to 1.0 space per dwelling unit. The required number of ‘Visitor’ spaces would be reduced from 3 spaces for 12 units, to 1 space for the 12 units.
The table below summarizes the parking and maneuvering isle variances.
|
|
Required |
Proposed |
|
Total Spaces |
1.1 spaces/ unit 14 spaces |
1.0 spaces/ unit 12 spaces |
|
Visitor Spaces |
1 of every 4 spaces (4 of 14) or (3 of 12) |
1 space |
|
Ratio full size to small car |
50% full size/ 50% small car |
40% full size/ 60% small car |
|
Manuevering Isle (north) |
3.7 metres wide |
3.5 metres wide |
|
Manuevering Isle (east) |
7.9 metres wide |
5.7 metres wide |
The lack of required parking spaces has not been an issue for this rental apartment building and the parking lot has been functional for many years in its current configuration.
The owner has indicated there is space for the storage for bicycles in the suites and short term parking for bikes is allowed in the common areas of the building. This area of Esquimalt is well served by bicycle lanes, the E & N trail and transit.
Comments from the Advisory Planning Commission [APC]:
This application was considered at the regular meeting of the APC held on May 18, 2016. The APC members noted that the parking variances would have a minimal impact on the neighbourhood. The APC recommended forwarding the application to Council with a recommendation of approval.
ISSUES:
1. Rationale for Selected Option
The Advisory Planning Commission has recommended approval. Sanctioning the parking situation as it has existed for years and thereby sanctioning the additional suite within the building, allows a building permit to be issued, which then ensures improved safety within the building. The additional unit is one additional affordable housing unit within Esquimalt.
2. Organizational Implications
This Request for Decision has no organizational implications.
3. Financial Implications
This Request for Decision has no financial implications.
4. Sustainability & Environmental Implications
There are few sustainability and environmental implications of this decision. Having a building that encourages residents to use alternative modes of transportation is considered more sustainable.
5. Communication & Engagement
As this application includes a Development Variance Permit, notices were mailed to owners and occupiers of parcels within 50 metres [164 ft.] of the subject property. Notices were mailed on May 30, 2016 indicating that Council would be considering the requested Development Variance Permit on June 13, 2016. To date, the Development Services Department has received no responses from the public as a result of these notifications.
ALTERNATIVES:
1. That Council direct staff to coordinate with the property owner to ensure the new Section 219 Covenant [Appendix B] is registered against the property title and that the existing restrictive covenant is concurrently discharged from the title; and
Council resolves that Development Variance Permit No. DVP00046 [Appendix A], be approved, and staff be directed to issue the permit after the new Section 219 Covenant is registered on the property title, and then register the notice of the Development Variance Permit on the title of the property located at PID 004-338-596, Parcel B (DD139365I) of Lot 20, Section 10, Esquimalt District, Plan 913 [741 Admirals Road].
2. That Council deny Development Variance Permit No. DVP00046 [Appendix A], not approve discharge of the covenant, and direct staff to work with the property owner to return the property to the 11 dwelling units sanctioned by a former building permit.