REQUEST FOR DECISION
DATE: March 21, 2023 Report No. APC-23-003
TO: Chair and Members of the Advisory Planning Commission
FROM: Mikaila Montgomery, Planner and Bill Brown, Director of Development Services
SUBJECT:
Title
Development Permit and Development Variance Permit - 314 Uganda Ave.
End
RECOMMENDATION:
Recommendation
That the Advisory Planning Commission recommends that the application for a Development Permit and Development Variance Permit, which would facilitate the construction of a Detached Accessory Dwelling Unit at 314 Uganda Avenue [Lot 8, Block 3, Section 10, Plan 5484], be forwarded to Council with a recommendation to either approve, approve with conditions, or deny the application including the reasons for the chosen recommendations.
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RELEVANT POLICY:
Healthy, Liveable and Diverse Community: Support community growth, housing and development consistent with our Official Community Plan.
STRATEGIC RELEVANCE:
Declaration of a Climate Emergency
Official Community Plan Bylaw, 2018, No. 2922
Zoning Bylaw, 1992, No. 2050
Parking Bylaw, 1992, No. 2011
Development Application Procedures and Fees Bylaw, 2012, No. 2791
Advisory Planning Commission Bylaw, 2012, No. 2792
Subdivision and Development Control Bylaw, 1997, No. 2175
Local Government Act
BACKGROUND:
Appendix A: Aerial map
Appendix B: Site plans, architectural drawings, landscape plan
Appendix C: Survey
Appendix D: DPA questionnaires
Appendix E: Green Building checklist
Appendix F: Flood Hazard Assessment report
Appendix G: Engineering comments
Appendix H: Arborist report and tree management plan
Appendix I: Applicant’s presentation
PURPOSE OF APPLICATION:
The applicant is proposing to construct a Detached Accessory Dwelling Unit in the rear yard of 314 Uganda Ave. [Lot 8, Block 3, Section 10, Esquimalt District, Plan 5484]. A variance to Zoning Bylaw, 1992, No. 2050, 40.1(11)(b)(v) is being sought so that the DADU may be constructed less than 2.5 meters from an existing accessory building (shed). A Development Permit is required to ensure that the application is consistent with the Development Permit Area guidelines contained within the OCP and is required prior to a building permit being issued.
CONTEXT:
Applicant: Nick Kardum
Owner: Steffen Schultz
Designer: Backyard Bungalows
Property Size: 910m²
OCP Land Use Designation:
Current: Single Family Residential
Proposed: Single Family DADU Residential
Zone: RD-4 Two Family DADU Residential
Existing Land Use: Low density residential
Proposed Land Use: Low density residential
Surrounding Land Uses:
North: Low density residential
South: Low density residential
East: Townhouse Residential
West: Low density residential
OCP ANALYSIS:
Development Permit Area No. 1 - Natural Environment
18.5.2 Natural Features - The DADU was specifically located away from the rear property line to retain existing trees along the rear property line. The DADU is partially sunk into the natural ground to avoid retaining walls.
18.5.3 Biodiversity - No new landscaping is proposed. Existing trees to be retained and will not be impacted by service lines.
18.5.5 Drainage and erosion - The natural ground and approximately 2 ft. of gravel around the perimeter of the DADU from grade to the foundation is drainage rock.
18.5.7 Native Bird Biodiversity - Habitat will be preserved through tree retention.
Development Permit Area No. 2 - Protection of Development from Hazardous Conditions
The proposed DADU will not be directly impacted by a tsunami, as indicated in the flood hazard assessment report [Appendix F]. The construction materials will not leak toxic chemicals. No retaining or sea walls are required.
Development Permit Area No. 3 - Enhanced Design Control Residential
20.6.1 Relationship to existing houses - The design of the DADU fits in well with the neigbourhood.
20.6.2 Massing - The DADU is one storey.
20.6.3 Privacy, screening, shadowing - The DADU design and location with the natural topography and trees/vegetation has minimal impact on adjacent homes, and achieves privacy for new residents and neighbours.
20.6.5 Private open/yard space - Outdoor space at grade is located behind the DADU with direct access from the dwelling.
Development Permit Area 7 - Energy Conservation and Greenhouse Gas Reduction
24.5.1 Siting of buildings and structures - Priority has been given to preserving mature trees, reducing shading on neighbouring properties, and not impacting neighbouring trees. DADU design reduces shading on neighbouring properties. A LED-lit pathway connects the DADU with the street.
24.5.2 Form and exterior design of buildings and structures - The DADU is built with an Energy Advisor review and to minimum Step Code 3. The roof is oriented for future use of solar panels. The DADU will have a Heat Recovery Ventilator (HRV) for continuous mechanical ventilation. Operable windows are included in the design. Skylights provide natural light while promoting privacy.
24.5.4 Machinery, equipment and systems external to buildings and other structures - Low, downcast lighting will be used. The DADU has been modelled by an Energy Advisor and is more efficient than the average home as per the Energuide Ratings. A shed will be used for bike storage.
24.5.5 Special features - The DADU has a wood frame construction.
Development Permit Area No. 8 - Water Conservation
25.5.1 Building and Landscape Design - The DADU perimeter has 2 feet of gravel from grade to foundation. The site is absorbent and contains a mixtures of trees, shrubs and grass.
25.5.3 Retaining stormwater on site - The root zone around retained trees will be maintained and undisturbed.
ZONING ANALYSIS:
|
Category |
Proposed |
Permitted |
|
Floor Area Ratio |
0.31 |
0.35 |
|
DADU Floor Area |
64.88m² |
65m² |
|
Height |
4m |
4.2m |
|
Lot coverage |
23.5% |
30% |
|
Setbacks (rear) |
4.56m |
1.5m |
|
Setbacks (side) |
1.65m (north) 3.85m (south) |
4.5m total |
|
Building separation (house) |
5.25m |
2.5m |
|
Building separation (accessory) |
1.2m |
2.5m |
|
Outdoor space |
79.56m² |
20m² |
PARKING ANALYSIS:
According to Parking Bylaw 1992, No. 2011, one parking space per dwelling unit is required. The applicant is proposing to add one additional space by widening the existing driveway which complies with the requirement.
COMMENTS FROM OTHER DEPARTMENTS:
Community Safety Services (Building Inspection):
No concerns. Retaining walls and accessory structures may require a separate Building Permit. Subject to review for Building Code and Bylaw compliance at time of Building Permit Application.
Engineering Services:
See Appendix G.
Parks:
The Arborist report titled “Tree assessment and development report” prepared by Scotty Tree & Arborist Services on January 28, 2023 should be closely adhered to and all tree protection measures should be in place before any construction activity begins.
ISSUES:
1. Rationale for Selected Option
Please comment on if the proposal adequately complies with the OCP design guidelines for DP Area No. 1 - Natural Environment, DP Area No. 3 - Enhanced Design Control Residential, DP Area No. 7 - Energy Conservation and Greenhouse Gas Reduction, and DP Area No. 8 - Water Conservation as well as the DADU specific Development Permit Design Guidelines in Zoning Bylaw, 1992, No. 2050, and whether the variance is appropriate.
ALTERNATIVES:
1. Forward the application for a Development Permit and a Development Variance Permit to Council with a recommendation of approval including reasons for the recommendation.
2. Forward the application for a Development Permit and a Development Variance Permit to Council with a recommendation of approval including specific conditions and including reasons for the recommendation.
3. Forward the application for a Development Permit and a Development Variance Permit to Council with a recommendation of denial including reasons for the recommendation.