REQUEST FOR DECISION
DATE: October 18, 2017 Report No. DEV-17-062
TO: Laurie Hurst, Chief Administrative Officer
FROM: Karen Hay, Planner
SUBJECT:
Title
Development Permit and Development Variance Permit, 778 Dominion Road, [PID 006-289-151, Lot J, Section 10, Esquimalt District, Plan 2923]End
RECOMMENDATION:
Recommendation
That Council resolves that Development Permit No. DP000095 [Appendix A] authorizing the renovation of an existing building to create a new two family dwelling, as illustrated in the drawings prepared by Lance Montgomery, the landscape plan prepared by Erik Bjornsen of Natural Landscape Solutions and sited as detailed on the survey plan prepared by Kenneth Ng, BC Land Surveyor, all stamped “Received August 1, 2017”, be approved, and staff be directed to issue the permit (subject to receipt of the required landscape security), and register the notice on the title of the property located at PID 006-289-151, Lot J, Section 10, Esquimalt District, Plan 2923 [778 Dominion Road]; and
That Council resolves that Development Variance Permit No. DVP00070 [Appendix B] authorizing the construction as illustrated in the drawings prepared by Lance Montgomery, the landscape plan prepared by Erik Bjornsen of Natural Landscape Solutions and sited as detailed on the survey plan prepared by Kenneth Ng, BC Land Surveyor, all stamped “Received August 1, 2017”, and including the following relaxations to Zoning Bylaw, 1992, No. 2050 and Parking Bylaw, 1992, No. 2011, be approved, and staff be directed to issue the permit and register the notice on the title of the property located at PID 006-289-151, Lot J, Section 10, Esquimalt District, Plan 2923 [778 Dominion Road]:
Zoning Bylaw, 1992, No. 2050, Section 38 (5) Floor Area: A 20.0 square metre reduction to the requirement that the minimum first storey of a principal building shall be 88 square metres [ie. from 88.0 square metres to 68.0 square metres];
Zoning Bylaw, 1992, No. 2050, Section 38 (8.1) Building Massing: A variance to the requirement that the second storey of any two family dwelling shall be a maximum of 75% of the total floor area of the ground floor to allow the second storey to be 97% of the first storey;
Zoning Bylaw, 1992, No. 2050, Section 38 (9)(a)(i) - Siting Requirements - Principal Building - Front Setback: A 1.02 metre decrease to the requirement that no principal building shall be located within 7.5 metres of a Front Lot Line [ie. from 7.5 metres to 6.48 metres];
Zoning Bylaw, 1992, No. 2050, Section 38 (9)(a)(ii) - Siting Requirements - Principal Building - Side Setback: A 0.28 metre decrease to the requirement that no principal building shall be located within 3.0 metres of an Interior Side Lot Line, in the case where a Parcel is not served by a rear lane [ie. from 3.0 metres to 2.72 metres];
Parking Bylaw, 1992, No. 2011, Section 13(1)(a)(iii) - Parking Requirements - Number of Off-Street Parking Spaces - Residential - Two-Family: A reduction to the number of required off-street Parking Spaces, from 2 spaces to 1 space.
Body
RELEVANT POLICY:
Official Community Plan Bylaw, 2006, No. 2646
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
STRATEGIC RELEVANCE:
This Request for Decision does not directly relate to a specific strategic objective.
BACKGROUND:
Appendix A: DP000095
Appendix B: DVP00070
Appendix C: Air Photo, DP Area No. 5, RD-1 Zone, Mail Notice
Appendix D: BCLS Site Plan, Building Plans, Colourboard, Landscape Plan
Appendix E: Applicant’s Narrative and Green Building Checklist
Purpose of the Application
The owner/applicant is proposing to construct a non-strata titled two-unit dwelling on the subject property. The property is currently zoned RM-1 (Multiple Family Residential); however Zoning Bylaw, 1992, No. 2050, Section 11 allows for the construction of lower density development on higher density zoned parcels. The owner is proposing to build to the RD-1 (Two Family Residential) zone. This two family residential proposal is subject to Development Permit Area No. 5 - Enhanced Design Control Residential of the Official Community Plan; therefore a Development Permit is required before a Building Permit can be issued.
Several variances to the RD-1 [Two Family Residential] zone (Appendix ‘C’) have been requested; therefore a Development Variance Permit is also required before a Building Permit can be issued.
Context
Owner/ Applicant: Lance Montgomery
Property Size: Metric: 442.2 m2 Imperial: 4760 ft2
Existing Land Use: Single Family Residential
Surrounding Land Uses:
North: Single Family Residential (with daycare)
South: Single Family Residential
West: Light Industrial
East: Residential (City of Victoria)
Existing Zoning: Multiple Family Residential [RM-3] - No change proposed
Existing OCP Designation: Multi-unit, Low-Rise Residential - No change proposed
Zoning and Parking
The owner/applicant is proposing to keep the existing main level of the house while adding a new second storey, a new roof, and a new full height basement containing a new dwelling unit.
|
Variances |
RD-1 zone |
778 Dominion Rd. |
|
Floor Area (minimum 1st floor) |
88 m2 |
68 m2 |
|
Front Setback |
7.5 m |
6.48 m |
|
Interior Side Setback (no lane) |
3.0 m |
2.72 m |
|
Building Massing Second Storey |
75 % |
97 % |
|
Off Street Parking for 2 dwelling units |
1 space per unit |
1 space |
As this is a renovation of an older existing house on a relatively small lot, some of the features of the original house make it difficult to comply with the requirements of the
Zoning Bylaw; adding height to the house (by adding a second storey) increases the non-conformity. The requested variance to the front lot line setback allows the house to remain at its current distance from the front lot line, which best aligns with the adjacent homes on the street.
The owner has proposed to move the house to the north and onto a new foundation, which will increase the setback to the south from 2.18 metres to 2.72 metres; though the building will still not have the full 3.0 meter interior side setback that is required from one side of a principal building, where there is no rear lane.
The applicant has proposed that 1 parking space would be provided, which is less than Parking Bylaw 1992, No. 2011 requires for a two unit dwelling. The proposed second dwelling unit in this building would function like a secondary suite, and Esquimalt has not required additional parking for secondary suites. The owner has however proposed to provide a space for parking a second vehicle in front of the front face of the house; not legally a parking space, hence the variance request.
The current building is fairly small and does not comply with the minimum 88 square metre floor area requirement for a first storey. The owner has proposed to add a full second storey that is almost identical in size to the first storey; therefore the massing of the second storey is greater than the maximum 75% of the first storey that the Zoning Bylaw requires. The final result, a tall slim house, would be a building that has a different form to the adjacent houses but is not uncommon for this neighbourhood.
Official Community Plan
The Official Community Plan does allow for sensitive infill development in residential zones provided the development is compatible with and enhances the surrounding neighbourhood.
Section 2.2 of the Official Community Plan recognizes that modest residential growth will occur through the infilling of vacant or under-utilized parcels, and states that this growth should occur in a manner that maintains and enhances individual neighbourhoods and the community as a whole.
Section 2.2.1(a) states the Township should work toward a more complete community by maintaining a healthy mixture of housing types, accommodating people with a wide range of income levels.
Section 2.2.1(b) states the Township should encourage new residential development with high design standards for building and landscaping and which enhance existing and new neighbourhoods.
Development Permit Guidelines
The Official Community Plan ‘Development Permit Area No. 5 - Enhanced Design Control Residential’ guidelines [Appendix C] are intended to provide for better utilization and redevelopment of parcels within residential neighbourhoods and to ensure development occurs in a manner that retains the desirable physical characteristics of a neighbourhood. Property owners who develop land for two-unit dwellings have consistently utilized the guidelines in DP Area No. 5.
The design of the proposed building maintains a very traditional look that can be found in this neighbourhood, particularly on the Victoria side of Dominion Road. By not expanding the footprint of this building substantially, the owner maintains the existing amount and type of open space on this parcel. The guidelines support reduction in front setbacks in favour of maximizing property usage.
The owner has chosen to reclad the building with a relatively new material [‘Cedarmill Hardiplank’] that can look very similar to traditional wood siding. The proposed roof lines of the renovated building are also very traditional and should relate well to other roof lines in this neighbourhood. The roof would have new sheet metal roofing.
The applicant has proposed a taller building design which could result in some perceived privacy concerns for neighbours. The owner has attempted to minimize the intrusion by removing some of the larger side windows, including a bay window.
The proposed landscaping for this property is consistent with the guidelines to provide open space that is usable to the residents, provide for circulation on the site, privacy between dwelling units, and should add to the current aesthetic appeal of the streetscape. The property has fencing in place and the owner/applicant has proposed to work with the neighbours to replace existing fencing as it becomes worn and in need of replacement.
Green Building Features
The applicant has completed the Esquimalt Green Building Checklist [Appendix E].
Comments from Other Departments
The plans for this proposal were circulated to other departments and the following comments were received:
Building Inspection: Construct to current BC Building Code and Municipal Building Code Bylaw, 2017, No. 2899. Plans will be reviewed for compliance upon submission of a Building Permit application.
Fire Services: Fire suppression required as per current BC Building Code.
Engineering Services: Engineering staff have completed a preliminary evaluation of the Works and Services that would be required for the two-unit dwelling proposed. Should the application be approved, additional comments will be provided when detailed civil engineering drawings are submitted as part of a Building Permit application.
Parks Services: Owners must abide by the regulations as stated in Esquimalt’s Tree Protection Bylaw, 2015, No. 2837. It will be the contractor’s responsibility to install and maintain a ‘tree protection zone’, with fencing at the drip-line of each retained tree, during demolition and construction.
Comments from the Advisory Planning Commission [APC]
This application was considered at the regular meeting of the APC held on September 19, 2017. The APC members were supportive of the application and the design proposed.
The APC made the following motion:
That the application for a Development Permit and a Development Variance Permit allowing the renovation of an existing building to create a new two family dwelling, as illustrated in the drawings prepared by Lance Montgomery, the landscape plan prepared by Erik Bjornsen of Natural Landscape Solutions and sited as detailed on the survey plan prepared by Kenneth Ng, BC Land Surveyor, all stamped “Received August 1, 2017”, and including the following variances for the property located at PID 006-289-151, Lot J, Section 10, Esquimalt District, Plan 2923 [778 Dominion Road], be forwarded to Council with a recommendation of approval as the variances are reasonable and reflect the existing condition of the house, the design is complimentary of the neighbourhood, and effort has been made to maintain the heritage look of the building:
Zoning Bylaw, 1992, No. 2050, Section 38 (5) Floor Area: A 20.0 square metre reduction to the requirement that the minimum first storey of a principal building shall be 88 square metres [ie. from 88.0 square metres to 68.0 square metres];
Zoning Bylaw, 1992, No. 2050, Section 38 (5) Building Massing: A variance to the requirement that the second storey of any two family dwelling shall be a maximum of 75% of the total floor area of the ground floor to allow the second storey to be 97% of the first storey;
Zoning Bylaw, 1992, No. 2050, Section 38 (9)(a)(i) - Siting Requirements - Principal Building - Front Setback: A 1.02 metre decrease to the requirement that no principal building shall be located within 7.5 metres of a Front Lot Line. [ie. from 7.5 metres to 6.48 metres];
Zoning Bylaw, 1992, No. 2050, Section 38 (9)(a)(ii) - Siting Requirements - Principal Building - Side Setback: A 0.28 metre decrease to the requirement that no principal building shall be located within 3.0 metres of an Interior Side Lot Line, in the case where a Parcel is not served by a rear lane. [ie. from 3.0 metres to 2.72 metres];
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 2 spaces to 1 space.
ISSUES:
1. Rationale for Selected Option
This proposal provides increased density, and upgrading of an older existing home that should compliment the character of the neighbourhood. The APC has recommended 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
Renovations that improve the energy efficiency of older buildings and adding density within established neighbourhoods are considered to have positive sustainability and 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 [164 ft.] of the subject property. Notices were mailed on October 6, 2017 indicating that Council would be considering the requested Development Variance Permit on October 23, 2017. To date, the Development Services Department has received no response as a result of these notifications.
ALTERNATIVES:
1. That Council resolves that Development Permit No. DP000095 [Appendix A] and Development Variance Permit No. DVP00070 [Appendix B] be approved, and staff be directed to issue the permits and register the notices on the title of the property located at PID 006-289-151, Lot J, Section 10, Esquimalt District, Plan 2923 [778 Dominion Road].
2. That Council resolves that Development Permit No. DP000095 [Appendix A], be updated as directed, that some of the variances included in Development Variance Permit No. DVP00070 [Appendix B] be approved, and that staff be directed to issue the permits and register the notices on the title of the property located at PID 006-289-151, Lot J, Section 10, Esquimalt District, Plan 2923 [778 Dominion Road].
3. That Council deny Development Permit No. DP000095 [Appendix A] and Development Variance Permit No. DVP00070 [Appendix B] with reasons.