PROPOSED POLICY REGARDING UNAUTHORIZED GARAGE CONVERSIONS. Monday, March 10, Annacis Room. 4:50-5:15 pm

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1 CO UN IIJIf.II<I', SHOP PROPOSED POLICY REGARDING UNAUTHORIZED GARAGE CONVERSIONS Date: Location: Time: Monday, March 10, 2014 Annacis Room 4:50-5:15 pm Presentation: Jeff Day, Director of Community Planning & Development Background Materials: Memorandum from the Director of Community Planning & Development dated March 5, 2014.

2 The Corporation of Delta Community Planning & Development To: From: Date: Subject: File No.: CC: Mayor & Council Jeff Day, P.Eng. Director of Community Planning & Development March 5, 2014 March 10, 2014 Council Workshop Proposed Policy Regarding Unauthorized Garage Conversions P13-12 George V. Harvie, Chief Administrative Officer On November 5, 2012, Council approved a development variance permit at Avenue to vary the zoning requirement to provide at least one enclosed off-street parking space within a private garage of a single family dwelling. The variance request was granted to allow all the required off-street parking spaces to be provided on the driveway. A former owner had enclosed a previous carport on the site, which the owners wished to retain as living space. In considering the application, Council raised questions about how to address lack of on-site parking in single family residential areas resulting from previously converted garage or carport spaces to living area. Council requested that staff report back regarding current regulations for enclosed parking for residential zoned lots with recommendations, including proposed bylaw amendments, to clarify requirements and address situations where enclosed parking areas have been converted into living area. Current Regulations: The "Delta Zoning Bylaw No. 2750, 1977" currently requires that not less than 50 percent of all required off-street parking spaces or one parking space, whichever is greater, be contained within a private garage or a principal building in all Single Family Residential and Multiple Family (Duplex) Residential zones. This requirement was approved by Council on September 13, The Zoning Bylaw also requires that a minimum of two parking spaces per single family dwelling unit or duplex dwelling unit plus one additional parking space for a secondary suite be provided.

3 The Corporation of Delta Community Planning & Development Subject: March 10, 2014 Council Workshop Page 2 of 3 Proposed Policy Regarding Unauthorized Garage Conversions File No: P13-12 Issues: There are instances where current off-street parking requirements are not being met for different reasons. For example, parking requirements may have been different at the time of the original construction, or past additions, renovations or enclosures may have resulted in the loss of enclosed parking area or spaces. In many instances, it is not possible to determine the date of original house construction, or past additions, renovations, garage or carport enclosures and whether they were done by a current or previous owner. Proposed Parking Policy: Given that some level of interpretation is likely required to deal with the possible scenarios identified above, staff believe a policy rather than a specific bylaw amendment would be more appropriate. The draft policy entitled "Enclosed Parking Space Requirements for Single Family and Duplex Dwellings", therefore, has been prepared and is included as Attachment A. The draft policy outlines conditions to be used as a guide in determining how the enclosed parking space requirements should be applied. Specifically, the enclosed parking space requirements would not be applied if the single family or duplex dwelling was approved for construction on or before September 13, 1993 or if enclosed parking was not required for the single family or duplex dwelling after September 13, 1993 as a result of a development variance permit or Board of Variance approval and if: 1. the addition to the single family or duplex dwelling is less than 50 m 2 (538 ff) in floor area and the required number of parking spaces can be accommodated on site; or 2. no additional floor area is proposed in the renovation of the single family or duplex dwelling and the required number of parking spaces can be accommodated on site; or 3. the renovation is to install a secondary suite within the existing single family dwelling and the required number of parking spaces can be accommodated on site.

4 Tho Corporation 01 Dorta Community Planning & OovtrlOpmlllll SUbject: March 10, 2014 CO\lncil Workshop Page Proposed Policy Regarding Unauthorized Garage Conversions File No: P In all cases, th e minimum number of required parking stalls must be provided on site. The proposed policy only relaxes the requirement for enclosed parking, not the number of stalls required or the requirement for a dedicated parking stall for a tenant of a suite. The enclosed parking requirements would also not be applied if the property is subject to Comprehensive Development zoning, which does not require enclosed parking. Notwithstanding the conditions above, staff can still require that the enclosed parking requirements be met, if it can be established that a garage conversion or carport enclosure was done without a permit. Jeff Day, P.Eng. Director of Community Planning & Development ATTACHMENTS: AC/wl A. Draft Policy for Enclosed Parking Space Requirements for Single Family and Duplex Dwellings B. PowerPoint Presentation <; 1(.;1'lIonl 1l lvciopl.1p.1,111' I IlI-:~\r'1 lip 11 1 ~ lw:lu:. "I P;uloi,lIl'l I~UI!UII("'!I III'~; rll'.1l-'iiii,ut WI'I~ h"" M.udl 101'01'1 I. 11' 1""1'111-';111(10'1 l' olll,,,,'i("~

5 Del THE CORPORATION OF DELTA Community Planning and Development I Planning and Development Services Attachment A Page 1 of 2 DRAFT POLICY SUBJECT: Enclosed Parking Space Requirements for Single Family and Duplex Dwellings AUTH ORITY: "Delt a Zo ning Bylaw No. 2750, 1977" INTENT: To establish a written policy regardi ng the application of en closed parking space requirements for single family and duplex dwellings in relation to original house co nstruction, an d past additions, renovations and enclosures. BACI<GROUND: On September 13, 1993, Council approved an amendment to "Delta Zoning Bylaw No. 2750, 1977" which requires that not less than 50 percent of au required off-street parkin g spaces or one parking space, whichever is greater, shall be contained within a private garage or a principal building. The amendm ent applies to all Single Fam il y Residential and Multiple Family (Duplex) Residential lones. Th e Zo ning Bylaw requires a minimum of two parking spa ces per single family dwelling unit or duplex dwelling unit (one of which shall not be located within a required front yard) plus one additional parking space for a secondary suit e. There are instances where current of f~s t ree t parking requirements are not being met for different reasons. For example, parking requirements may have been different at the time of the original construction, or past additions, renovations or enclosures may have resu lted in the loss of enclosed parkin g area or spaces. tn many instances, it is not possi ble to determine the date of original house constru ction, or pa st additions, renovations or enclosures and whether they were done by a current or previous owner due to the absence of records within the Municipality. Th e following policy, t herefore, is provided to clarify how enclosed parking space requirements under the "Delta Zoni ng Byl aw No. 2750, 1977" will be applied in relation to single family or duplex dwelling addition, renovation, or en cl osure in Delta.

6 PO LI CY: Attachment A Page DRAFT When an application is made for an addition or renovation to a single family dwelling or duplex dwelling, or to accommodate a secondary suite, the following conditions will be used as a guide by the Community Planning and Development Department to determine if the en closed parking space requirements will be applied. CO NDITIONS: The enclosed parking requirements will not be applied if the single family or duplex dwelling was approved for construction on or before September 13, 1993 or jf enclosed parking was not required for the single family or duplex dwelling after September 13, 1993 as a result of a development variance permit, or Board of Variance approval and if: 1. the addition to the single family or duplex dwelling is less than SO m 2 (538 ft 2 ) in floor area and the required number of parking spaces can be accommodated on site; or 2. no additional floor area is proposed in the renovation of the single family or duplex dwelling and the required number of parking spaces can be accommodated on site; or 3. the renovation is to install a secon dary suite within th e existing single fam ily dwelling and the required number of parking spaces can be accommodated on site. The enclosed parking requirements will also not be applied if the property is subject to Comprehensive Development zoning, which does not require enclosed parking. Notwithstanding the conditions above, Delta at its discretion can require that the enclosed parking requirements be met, if it can be established through Municipal reco rds that a garage conversion or ca rport enclosure was done without a permit. All other requirements of the Zoning Bylaw must be met. Disclosure of a previous addition or renovation, including a garage conversion or carport enclosure and its impact on provision of the required enclosed parking space/ to potential purchasers of a property is the responsibility of the rea ltor(s) representing the seiler, not Th e Corporation of Delta. Su bmitted by: Alex Ca uduro Approved by Director: D Effective Date: March 10, 2014

7 "-it ~ The Corporation of Delta PROPOSED POLICY Regarding Unauthorized Garage Conversions Council Workshop: March 10,2014 3f5f2OJ4.

8 '1i The Corporation of Delta BACKGROUND: On November 5, 2012, Council approved a development variance permit at Avenue to vary the zoning requirement to provide at least one enclosed off-street parking space within a private garage of a single family dwelling. The variance request was granted to allow all the required off-street parking spaces to be provided on the driveway (a former owner had enclosed a previous carport on the site, which the owners wished to retain as living space). ell> co III III '" <1l n ","" o <1l 3 "...- -, _ = ~ ~ "'CD

9 ""'" The Corporation of Delta BACKGROUND: Council Question: How to address on-site parking requirements in single family residential areas resulting from previously converted garage or carport spaces to living area. Council Request to Staff: 1. Review current regulations; and 2. Provide recommendations to address how enclosed parking requirements will be applied where enclosed parking areas have been converted into living area. ""O J> <0" " == '" " ~'" ~ 3. w OO" o 3 "",

10 ,~" The Corporation of Delta Del~a STAFF REVIEW: "Delta Zoning Bylaw No. 2750, 1977" Regulations: 1. Bylaw No. 5044, 1993 (Adopted on September 13, 1993): Not less than 50 percent of all required off-street parking spaces or one parking space, whichever is greater, shall be contained within a private garage or a principal building. 2. Parking Requirements: Two (2) parking spaces per single family dwelling unit or duplex dwelling unit (one of which shall not be located within a required front yard) plus One (1) additional parking space for a secondary suite. -u;j> <0 III III '" ro n.. =s o 3 _ro ==---=-=--.., ~ ~ N",

11 ,t~ The Corporation of Delta STAFF REVIEW: Reasons for NOT meeting off-street parking requirements: 1. Legal Non-Conforming Situation: Zoning Bylaw parking requirements may have been different at the time of the original construction (i.e. before September 13, 1993) 2. Previous Works: Past additions, renovations or enclosures may have resulted in the loss of enclosed parking area or spaces ' ==-..., ~ -OJ> "'''' "'''' ", ":0- o 3 - " 3- "co

12 'i ' The Corporation of Delta STAFF REVIEW: Historical Factors: 1. Original Construction Date? It may not be possible to determine the date of original house construction, or past additions, renovations or enclosures. 2. Who did the work? It may not be possible to determine whether the works were done by a current or previous owner due to the absence of records within the Municipality. 3 :'/20.1,.

13 1jr" The Corporation of Delta Del~a STAFF PROPOSAL: NEW POLICY: 1. PURPOSE: To determine if the enclosed parking space requirements will be applied. 2. WHEN TO CONSIDER: When an application is made for an addition or renovation to a single family dwelling or duplex dwelling, or to accommodate a secondary suite. 3U201

14 ~ 11Ft The Corporation of Delta POLICY: The enclosed parking requirements would not be applied when the following conditions exist: 1. Pre-September 13, 1993: If the single family or duplex dwelling was approved for construction on or before September 13, 1993; or 3/5!?Q

15 1If,; -=-- The Corporation of Delta POLICY: The enclosed parking requirements would not be applied when the following conditions exist: 2. Post-September 13, 1993: If enclosed parking was not required for the single family or duplex dwelling after September 13, 1993 as a result of a development variance permit, or Board of Variance approval and if: a) the addition to the single family or duplex dwelling is less than 50 m 2 (538 ft2) ; or b) no additional floor area is proposed in the renovation of the single family or duplex dwelling; or c) the renovation is to install a secondary suite within the existing single family dwelling. (In all of the three scenarios above, the minimum number of required parking stalls must be provided on site. The proposed policy only relaxes the requirement for enclosed parking, not the number of stalls required or the requirement for a dedicated parking stall for a tenant of a suite.) 3!5/20l4. d) The enclosed parking requirements would also not be applied if the property is subject to Comprehensive Development zoning that does not require enclosed parking. Il> '" '" Il> " <0"" n o 3,,;t ===---=-=----, - ~"- " "'OJ

16 jl~ The Corporation of Delta KNOWN ILLEGAL CONSTRUCTION SITUATIONS: 1. Work Without Permit: Notwithstanding the conditions above, Delta at its discretion can require that the enclosed parking requirements be met, if it can be established through Municipal records that a garage conversion or carport enclosure was done without a permit. All other requirements of the Zoning Bylaw must be met. 315/20' -0:> "'''" "'''' CD " ~=>" 03 o '" "- ~ ~ OJ

17 T ~ The Corporation of Delta DISCLOSURE: Disclosure of a previous addition or renovation, including a garage conversion or carport enclosure and its impact on provision of the required enclosed parking space, to potential purchasers of a property is the responsibility of the realtor(s) representing the seller, not The Corporation of Delta. Delta will provide information on request to an owner, or authorized listing agent or purchaser as to permits that have been issued based on municipal records. 3/5/2014_

18 The Corporation of Delta Del~a CONCLUSION: STAFF RECOMMENDATION: New Policy regarding Unauthorized Garage Conversions Purpose: To outline conditions to be used as a guide by the Community Planning and Development Department to determine if the enclosed parking space requirements will be applied. When to Use: To b~ used when an application is made for an addition or renovation to a single family dwelling or duplex dwelling, or to accommodate a secondary suite. Implementation Date: Policy proposed to be effective immediately. 3/5/2014