TOWNSHIP OF ESQUIMALT STAFF REPORT
MEETING DATE: September 9, 2024 Report No. DEV-24-045
TO: Council
FROM: Mikaila Montgomery, Planner and Bill Brown, Director of Development
SUBJECT: Housing Agreement (1034 Dunsmuir Road) Bylaw, 2024, No. 3143 and Section 219 Covenant.
RECOMMENDATION:
Recommendation
That Council adopt Housing Agreement (1034 Dunsmuir Road) Bylaw, 2024, No. 3143 and;
That Council approve the Section 219 Covenant attached as “Appendix C” to staff report DEV-24-045.
Body
EXECUTIVE SUMMARY:
The applicant is proposing to construct a Detached Accessory Dwelling Unit (DADU) in the rear yard of the subject property (Appendix “D”). The Single Family DADU Residential [RS-6] zone that regulates this development permits a DADU conditional on the owner entering into a Housing Agreement and granting a Section 219 Covenant with the Township.
BACKGROUND:
During the development of the DADU legislative framework, Council deemed it desirable to ensure that the Owner lives in either the Single-Family Dwelling or the DADU as their permanent residence and that the DADU is not restricted in its availability for use as Affordable Rental Accommodation, unless the Single-Family Dwelling is being rented and the Owner is occupying the DADU as their permanent residence. A Housing Agreement is the appropriate tool to ensure that Council’s direction is implemented through a legally binding agreement.
Once the Housing Agreement Bylaw (Appendix “A”) is adopted, a notice of the Housing Agreement will be registered on the title to this property thereby ensuring that anyone who pulls the title will be aware of the Housing Agreement and will be able to ask the Township to produce a copy of the Housing Agreement for inspection.
The purpose of the Section 219 Covenant (Appendix “C”) is to prevent the DADU from being subdivided from the principal dwelling.
Chronology:
• June 10, 2024 - Development Permit application received for a DADU
• July 22, 2024 - Council gave first three readings to Housing Agreement (1034 Dunsmuir Road) Bylaw, 2024, No. 3143.
ANALYSIS:
By entering into a Housing Agreement, the Owner is agreeing to the terms of the attached Housing Agreement including that the DADU is not restricted in its availability for use as Affordable Rental Accommodation, unless the Single-Family Dwelling is being rented and the Owner is occupying the DADU as their permanent residence.
The Section 219 Covenant is the appropriate legal tool to ensure that the DADU remains an accessory use to the principle Single Family residence.
OPTIONS:
1. That Council adopts Housing Bylaw, 2024, No. 3143 and that Council approve the Section 219 Covenant.
2. That Council defeats Housing Bylaw, 2024, No. 3143, and that Council not approve the Section 219 Covenant, with reasons.
COUNCIL PRIORITY:
Housing
FINANCIAL IMPACT:
None.
COMMUNICATIONS/ENGAGEMENT:
None.
TIMELINES & NEXT STEPS:
After adoption, the Housing Agreement will be signed by the Township and a notice registered on the title. In addition, the Section 219 Covenant will be registered on title.
REPORT REVIEWED BY:
1. Bill Brown, Director of Development
2. Deb Hopkins, Director of Corporate Services, Reviewed
3. Ian Irvine, Director of Finance, Reviewed
4. Dan Horan, Chief Administrative Officer, Concurrence
LIST OF ATTACHMENTS:
1. Appendix A: Housing Agreement Bylaw, 2024, No. 3143
2. Appendix B: Housing Agreement signed by applicant
3. Appendix C: Section 219 Covenant
4. Appendix D: Architectural and site plans