REQUEST FOR DECISION
DATE: June 3, 2019 Report No. DEV-19-053
TO: Laurie Hurst, Chief Administrative Officer
FROM: Fred Billingham, Planning Technician and Bill Brown, Director of Development Services
SUBJECT:
Title
Development Permit and Development Variance Permit - 1129 Munro Street
End
RECOMMENDATION:
Recommendation
1. That Council resolves that Development Permit DP000111 as attached to Staff Report DEV-19-053 as Appendix A, authorizing construction of an accessory building as illustrated in the plans prepared by Jeffrey A. Duffield, sited in accordance with the BC Land Surveyors Site Plan prepared by Ryan P. Hourston, both stamped “Received April 8, 2019”, be approved, and staff be directed to issue the permit, and register the notice on the title of the property located at 1129 Munro Street [PID 026-958-376, Lot 2, Section 11, Esquimalt District, Plan VIP82523].
2. That Council resolves that Development Variance Permit DP00082 as attached to Staff Report DEV-19-053 as Appendix B, authorizing construction of an accessory building as illustrated in the plans prepared by Jeffrey A. Duffield, sited in accordance with the BC Land Surveyors Site Plan prepared by Ryan P. Hourston, both stamped “Received April 8, 2019”, and including the following variances be approved, and staff be directed to issue the permit, and register the notice on the title of the property located at 1129 Munro Street [PID 026-958-376, Lot 2, Section 11, Esquimalt District, Plan VIP82523].
Zoning Bylaw, 1992, No. 2050, Section 34 (9)(b)(i) - Siting Requirements - Accessory Building - Front Setback: Exemption from the requirement that no Accessory Building shall be located in front of the front face of the Principal Building.
Parking Bylaw No. 1992, No. 2011, Part 4 (9)(4) - Provisions and Maintenance of Off-Street Parking and Loading Areas: Exemption to the requirement that Parking Spaces in Residential zones be located no closer to the Front Lot Line than the front face of the Principal Building [i.e. the one required parking space will be located in the new accessory building].
Body
RELEVANT POLICY:
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
Declaration of Climate Emergency
STRATEGIC RELEVANCE:
This Request for Decision does not directly relate to a specific strategic objective.
BACKGROUND:
Purpose of the Application
The applicant is proposing to construct an accessory building. As the original lot has previously been subdivided, there is insufficient access and space to the rear of the Principal Building to accommodate an accessory building.
The applicant is requesting an exemption from the siting requirements, specifically the requirement that no accessory building shall be located in front of the front face of the Principal Building.
The applicant is also requesting an exemption from the Parking Bylaw requirement that parking spaces in residential zones be located no closer to the Front Lot Line than the front face of the Principal Building.
The site is located within Development Permit Area No. 1 - Natural Environment, Development Area No. 3 - Enhanced Design Control Residential, Development Permit Area No. 7 - Energy Conservation and Greenhouse Gas Reduction, and Development Permit Area No. 8 - Water Conservation, of the Township’s Official Community Plan. Due to the scale of the proposal, which will result in an increase of Lot Coverage of less than 5% or 50m², the accessory building is exempt from Development Permit Areas 7 and 8. The Development Permit application will respect the guidelines of Development Permit Areas No. 1 and 3 where applicable.
Applicant/Owner: Jeffrey A. Duffield & Uta Gewald
Property Size: Metric: 567 m2 Imperial: 6103 ft2
Existing Land Use: Single Family Dwelling
Surrounding Land Uses:
North: Single Family Residential
South: Single Family Residential
West: Single Family Residential
East: Two Family Residential
Existing Zoning: RS-1 [Single Family Residential]
Official Community Plan
Guidelines that may be applicable include:
• 18.5.1.3 New buildings/structures shall not be located within 10m of the high watermark of the Strait of Juan de Fuca.
o The building is to be constructed more than 10m away from the high watermark.
• 18.5.2.1 Retain existing healthy native trees, vegetation, rock outcrops and soil wherever possible.
o All existing trees will be maintained, including seasonal deep root fertilization of the cedar row along street.
• 18.5.2.3 Preservation of natural topography is favoured over blasting or building of retaining walls.
o The existing topography is to remain unchanged.
• 18.5.2.5 Design new development and landscaping to frame rather than block public views.
o The proposed accessory building finishes will match those of the existing house. The building is to be located along the East property line to frame the streetscape rather than block the view of the house.
• 18.5.2.6 Avoid disturbing, compacting and removing areas of natural soil as this can lead to invasion by unwanted plant species, poor water absorption and poor establishment of new plantings. Use of local natural soil in disturbed and restored areas will support re-establishment of ecosystem functions.
o Natural soil outside the proposed accessory building is currently covered by pea gravel to prevent compaction.
• 18.5.3.1 New landscaping shall consist predominantly of native plant and tree species. Plants that are native to the Coastal Douglas-fir biogeoclimatic zone are preferred in landscape treatments as they provide habitat for threatened indigenous flora and fauna. Drought tolerant plants native to western North America, that are known to be non-invasive, are a good alternative choice for landscaped areas.
o New landscaping is to consist of:
Shade: False Lily of the valley, Oregon Grape, Sword Fern
Sun: Kinnikinnick
These are drought resistant native plants.
• 18.5.3.2 In residential locations plan for ‘nature out front’; for new landscaping in front and exterior side yards use a variety of site-appropriate, native species; thereby contributing positively to pedestrian friendly urban streets, future greenways and habitat enhanced corridors.
o Existing landscaping already exists out front. This proposed accessory building only complements and completes the landscaping in this area.
• 18.5.3.3 Choose trees and plants for site conditions; consider shade, sunlight, heat, wind-exposure, sea spray tolerance, and year round moisture requirements in their placement.
o Sun and drought have been considered in soft landscaping selection.
• 18.5.3.4 Consider the habitat and food needs of birds, pollinators, and humans in tree and plant species selection and placement; native plantings and food gardens compliment each other.
o Existing butterfly bushes and other fragrant plants on the property attract many pollinators and birds throughout the year.
• 18.5.3.5 Encourage native plant and food gardens to spill from private land into boulevards.
o The applicant plans to extend existing landscaping area under cedar trees out to the sidewalk at the bus stop cleaning up the area, including native plants.
• 18.5.3.6 Avoid monoculture plantings, especially expanses of turf grass outside of playing field sites.
o As part of the proposal, turf grass is being eliminated under and around proposed exterior building.
• 18.5.3.7 Snags, logs, driftwood and rock cairns may be used as interesting landscaping features that also provide habitat for native flora and fauna.
o Driftwood and loose rock walls exist and will be matched where appropriate around proposed accessory building.
• 18.5.3.9 Locate civil servicing pipes/lines under driveways or other paved areas to minimize tree root damage.
o Power to the proposed accessory building is a 3m run away from any roots. There is no drainage or sanitary service trenching.
• 18.5.3.10 Design retaining wall spacing and landscape planting areas of sufficient width and depth to support plantings.
o The siting of the proposed building avoids impact to existing mature landscape. Planting beds around building will be of sufficient depth and width to support plants.
• 18.5.3.11 Support the daylighting of portions of the storm water system for enhanced habitat.
o Storm water will be directed off roof to water landscaping, or a water feature.
• 18.5.4.2 Use International Dark-Sky Association approved lighting fixtures in outdoor locations. Outdoor lighting shall be no brighter than necessary, be fully shielded (directed downward and designed to serve pedestrian needs), have minimal blue light emissions and only be on when needed. Avoid vanity lighting, and lighting directed into the night sky and trees tops.
o Lighting is to be directed downward for the purpose of foot traffic toward the house, be low light, on a motion detector.
• 18.5.5.1 Preserve, restore and enhance treed areas. Trees are the most effective form of absorbent landscaping due to their extensive root zones and their ability to both absorb water from the soil and intercept precipitation on leaves, needles and branches. Consider that native conifers are well adapted to local wet winters.
o The applicant states that trees will be protected against construction traffic, restored with deep root fertilization, and enhanced with driftwood landscaping.
• 18.5.5.4 Maximize the ratio of planted and pervious surfaces to unplanted surfaces, and design paved areas to direct water towards vegetated areas, to help reduce surface run off. Where paved surfaces are needed, intersperse with drought resistant vegetation and trees, to help absorb storm water, provide shade and reduce the local heat island effect.
o Including the proposed accessory building the lot coverage ratio is 18% which is below the maximum of 30% requirement. All existing paved areas are graded to drain into landscape areas.
• 18.5.5.6 Choose absorbent landscaping materials; leaf mulches, wood chips and good quality top soil, over gravel, pavers and concrete. Provide mulch of organic, locally derived materials; leaf mulch from local tree leaves is most desirable.
o The applicant states that all landscaping medium will be locally sourced and of a quality to maintain the applicants soft landscaping investment.
• 18.5.5.7 Incorporation of rain gardens, bio-swales, rain barrels, and even small depressions (puddles) into landscaping will help reduce surges of storm water entering local waterways.
o The 24.5 m2 of roof drainage (previously grass) will be directed to the landscaping around the proposed accessory building. This will have no impact on storm water drainage compared to existing conditions.
• 18.5.7.1 Protect and enhance habitat features like mature trees, shrub clusters, native fruit bearing shrubs, fresh water ponds and ephemeral damp areas (puddles).
o The applicant states that existing trees and shrubs prone to damage during construction will be protected.
• 18.5.7.5 Choose a range of native plant species and sizes; a mix of coniferous and deciduous trees will enhance bird species diversity.
o Bird species diversity already exists on property, plant species have been selected primarily based on native and drought resistant plantings, no trees are to be removed or added.
• 18.5.7.6 Incorporate architectural features that limit collisions between birds and windows including patterned, frosted or tinted glass, exterior louvers, blinds, sun shades and canopies.
o The windows on accessory building will either be stained glass, or have curtains to prevent bird collisions.
• 18.5.7.7 Cap and screen all ventilation pipes and grates, avoid openings greater than 2.0 x 2.0cm.
o The ventilation louvre will have bug screen backing.
• 20.6.2.1 New structures should be designed so that the overall massing is in keeping with other single-unit residences in the immediate area. New structures for lots other than corner or double frontage lots should be limited to one and one half storeys.
o The proposed accessory building is one storey and is smaller in scale than all buildings in the area.
• 20.6.3.1 Proposed infill dwellings should have only a minimal impact on adjacent homes and be separated from neighbouring residences by vegetation, screening, natural elevation differences, or a combination of these features.
o The proposed accessory building is 0.8 m below street grade and closest neighbour, and is screened by existing tree line along Munro Street, and hedge along the side of the property.
• 20.6.3.2 Windows, decks and patios should be located so as to minimize intrusion on to the privacy of adjacent properties.
o No windows are to face the East side property line. The West side property is the back of a windowless garage.
• 20.6.3.3 Infill dwellings should be sited to minimize the casting of shadows on to the private outdoor space of adjacent residential dwellings.
o No shadows will be cast onto adjacent properties.
• 20.6.4.2 Retention and protection of trees and the natural habitat is encouraged wherever possible.
o The applicant states that no trees will be harmed. Additional planting will be added.
Comments from Other Departments
Fire: No concerns on behalf of the Fire Department.
Parks and Recreation: No concerns.
Engineering: The proposed variance has no impact on the engineering aspects of this property, and Engineering have no requirements for this Development Variance Permit.
Building: No concerns subject to review for Building Code and Bylaw compliance at time of Building Permit application.
Comments from the Advisory Planning Commission [APC]
This application was considered at the regular meeting of the APC held on May 21, 2019. Members had no concerns with the proposal and recommended that the application be approved, as the design is in keeping with the house and the neighbourhood and due to the layout of the lot it is not obvious that the proposed accessory building is in front of the house. In addition, there is still room for cars to be parked on the site.
ISSUES:
1. Rationale for Selected Option
The proposal is a relatively minor change and will help the occupant store vehicles as well as equipment to maintain the principal building. Furthermore, the Advisory Planning Commission recommends approval.
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
This Request for Decision has no sustainability or environmental implications.
5. Communication & Engagement
As this application includes a Development Variance Permit, notices were mailed to owners and occupiers of parcels within 50 metres of the subject property. Notices were mailed on May 28, 2019, indicating that Council would be considering the requested Development Variance Permit Application on June 10, 2019. There have been no responses received to date.
ALTERNATIVES:
1. That Council resolves that Development Permit No. DP000111 as attached to Staff Report DEV-19-053 as Appendix A and Development Variance Permit No. DVP00082 attached as Appendix B be approved, and staff be directed to issue the permits and register the notices on title.
2. That Council deny Development Permit No. DP000111 as attached to Staff Report as Appendix A and Development Variance Permit No. DVP00082 attached as Appendix B.