REQUEST FOR DECISION
MEETING DATE: May 20, 2025 Report No. APC-25-009
TO: Advisory Planning Commission
FROM: Alex Tang, Planner and Bill Brown, Director of Development Services
SUBJECT: Development Variance Permit Application - 805 Hutchinson Avenue
RECOMMENDATION:
Recommendation
That the Esquimalt Advisory Planning Commission recommends to Council to either approve, approve with conditions, or deny the development variance permit consistent with the architectural plan provided by McNeil Building Designs Limited, including the following variances for the property located at 805 Hutchinson Avenue:
Zoning Bylaw, 1992, No. 2050, 37.2 (9) (b) (ii)- Siting Requirements: Detached Accessory Dwelling Unit: Side Setback: A 1.2-metre decrease to the requirement that no Detached Accessory Dwelling Unit shall be located within 1.5 metres of an Interior Side Lot Line [i.e. from 1.5 metres to 0.3 metres].
Zoning Bylaw, 1992, No. 2050, 37.2 (9) (b) (iv)- Siting Requirements: Detached Accessory Dwelling Unit: Building Separation: A 1.2-metre decrease to the requirement that no Detached Accessory Dwelling Unit shall be located within 2.5 metres of a Principal Building [i.e. from 2.5 metres to 1.3 metres].
Body
EXECUTIVE SUMMARY:
The applicant is requesting variances for a detached accessory dwelling unit. The applicant would like to use the existing foundation of the previously constructed legal non-conforming accessory building. This detached accessory dwelling unit encroaches onto the side setback and is sited too close to the Principal Building. The applicant will remove the other accessory building that was constructed without a building permit in September of 2024.
Evaluation of the development variance permit should focus on an assessment of the variances requested.
BACKGROUND:
Applicant / Owner: Jordan Noble
Architect: McNeil Building Designs Limited
Property Size: Metric: 555 m2 Imperial: 5974 ft2
OCP Present and Proposed Land Use Designation: Low Density Residential
Zone: RS-6
Existing Land Use: Single-Family Residential
Proposed Land Use: Single-Family Residential with Detached Accessory Dwelling Unit
Surrounding Land Uses:
North: Single-Family Residential
South: Single-Family Residential
East: Single-Family Residential
West: Single-Family Residential
Chronology:
• February 27, 2025 - Development Variance Permit Application received
ANALYSIS:
ZONING ANALYSIS:
The RS-6 zone allows for a single-family dwelling and a detached accessory dwelling unit. The proposal conforms to the density and height of the zone. The owner will remove the second accessory building labeled ‘Shed’ on the site plan in order to conform to the lot coverage of the RS-6 zone. The proposed development includes a detached accessory dwelling unit that does not have the adequate side setback. The zone requires that the side setback be at least 1.5 metres. The proposed northern side setback is 0.3 metres for the detached accessory dwelling unit. Moreover, the distance between the detached accessory dwelling unit and the principal building is 1.3 metres, which is less than the required 2.5 metres.
The following variances to the siting requirements are to accommodate the detached accessory dwelling unit delineated on the architectural drawings attached as Appendix B:
Zoning Bylaw, 1992, No. 2050, 37.2 (9) (b) (ii)- Siting Requirements: Detached Accessory Dwelling Unit: Side Setback: A 1.2-metre decrease to the requirement that no Detached Accessory Dwelling Unit shall be located within 1.5 metres of an Interior Side Lot Line [i.e. from 1.5 metres to 0.3 metres].
Zoning Bylaw, 1992, No. 2050, 37.2 (9) (b) (iv)- Siting Requirements: Detached Accessory Dwelling Unit: Building Separation: A 1.2-metre decrease to the requirement that no Detached Accessory Dwelling Unit shall be located within 2.5 metres of a Principal Building [i.e. from 2.5 metres to 1.3 metres].
PARKING ANALYSIS:
Parking Bylaw, 1992, No. 2011 requires 1 parking space per residential dwelling unit. The proposed development provides 2 parking spaces in tandem for 2 residential dwelling units. Council amended the Parking Bylaw in 2021 to allow for tandem parking for a principal dwelling unit and the corresponding detached accessory dwelling unit.
ISSUES:
Please comment on the appropriateness of the variances to Zoning Bylaw, 1992, No. 2050 as it pertains to the development. The development permit that governs form, character, landscaping, and adherence to the development permit area guidelines in the Official Community Plan will be considered separately.
OPTIONS:
1. That the Advisory Planning Commission recommends to Council that the development variance permit application be approved including reasons for this recommendation.
2. That the Advisory Planning Commission recommends to Council that the development variance permit application be approved subject to conditions, including reasons for this recommendation.
3. That the Advisory Planning Commission recommends to Council that the development variance permit application be denied including reasons for this recommendation.
COUNCIL PRIORITY:
Housing
REPORT REVIEWED BY:
1. James Davison, Manager of Development Services, Reviewed
2. Bill Brown, Director of Development Services, Reviewed
LIST OF ATTACHMENTS:
1. Appendix A: Aerial Map
2. Appendix B: Architectural Drawings and Site Plan
3. Appendix C: Applicant’s Letter