TOWNSHIP OF ESQUIMALT STAFF REPORT
MEETING DATE: July 22, 2024 Report No. DEV-24-041
TO: Council
FROM: Mikaila Montgomery, Planner and Bill Brown, Director of Development
SUBJECT: Housing Agreement (1034 Dunsmuir Road) Bylaw, 2024, No. 3143
RECOMMENDATION:
Recommendation
That Council give first, second and third readings to Housing Agreement (1034 Dunsmuir Road) Bylaw, 2024, No. 3143.
Body
EXECUTIVE SUMMARY:
The applicant is proposing to construct a Detached Accessory Dwelling Unit (DADU) in the rear yard of the subject property (Appendix “B”). 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 s.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 Affodable 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.
Appendix A: Housing Agreement Bylaw, 2024, No. 3143
Chronology:
• Application received - June 10th, 2024
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 Affodable Rental Accommodation, unless the Single-Family Dwelling is being rented and the Owner is occupying the DADU as their permanent residence.
OPTIONS:
1. That Council give first, second and third readings to Housing Bylaw, 2024, No. 3143.
2. That Council defeats Housing Bylaw, 2024, No. 3143, with reasons.
3. That Council requests additional information from staff.
4. That Council provides alternate direction.
COUNCIL PRIORITY:
Housing
FINANCIAL IMPACT:
None.
COMMUNICATIONS/ENGAGEMENT:
None.
TIMELINES & NEXT STEPS:
The Housing Agreement Bylaw must be signed by the Owner before the Bylaw is adopted. After adoption, the Housing Agreement will be signed by the Township.
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: Architectural and site plans