ATTACHMENT 1: Staff report to April 1, 2025, Council meeting - 3560 Highland Road

RECOMMENDATION:

THAT Council, after giving notice, consider the following motion:

“THAT Council authorize the issuance of Development Permit 2025-02 for 3560 Highland Road, in accordance with plans submitted to the Development Services Department on January 29, 2025, subject to:

a. the proposed development meeting all the Town’s Zoning Bylaw requirements, except for the following variances: i. to permit the siting of an accessory building in the front yard.”

ALTERNATIVES

THAT Council, after giving notice, consider the following motion:

“THAT Council decline Development Permit 2025-02 for 3560 Highland Road.”

Should Council support this alternative option, the best practice is to provide detailed reasons why it was considered that the application does not comply with the Mixed Residential Development Permit Area design guidelines or why a variance is not supported.

PURPOSE:

The purpose of this report is to introduce a proposal to construct a carport in the front yard of a rural, irregularly shaped property due to the location of the dwelling at the rear of a lot that also backs onto a lake. Notice is required prior to a decision on the application because a variance to a Zoning Bylaw siting requirement is requested.

BACKGROUND:

The 5.35ha rural property site fronts onto a section of Highland Road that is unpaved and is gated from public vehicle access, though the Town and local residents have secure access. As shown in Figure 1, the property backs onto Pike Lake and is primarily forested with a cleared area at the south end.

A dwelling is under construction at the edge of the clearing overlooking the lake, more than 120m from the road. The front yard (defined by the Zoning Bylaw as the area between a dwelling and the front lot line) is consequently large (see Figure 2).

Figure 1. Aerial orthophoto

In June 2024, Development Permit 2023-05 was approved by staff in accordance with Delegation Bylaw No. 872, 2015 to permit the following (see Figure 2):

• Site clearing and alteration to permit the construction of a detached dwelling and a set of retaining walls at the edge of the clearing at the south end of the property, along with watering cisterns and a propane tank.
• Upgrade of a historic unpaved driveway with pervious materials to provide access to the dwelling.
• Retention of an existing 372m² vegetable garden within the Riparian Assessment Area (RAA) 30m from Pike Lake but outside of the Streamside Protection and Enhancement Area (SPEA).
• Native plant restoration along part of the Pike Lake shoreline.

Proposal

The proposal is to construct a carport with a metal roof and six posts in the Sensitive Terrestrial Ecosystems Development Permit Area as shown in Figure 2.

A variance to the requirements of the Zoning Bylaw is also requested to permit the carport to be located within the front yard (the area between the front lot line and the principal building). The full plans can be found in Attachment 1.

Figure 2. Partial site plan at south end of property showing proposed carport location and design

ANALYSIS:

Official Community Plan – Development Permit Area Guidelines

The Official Community Plan (OCP) designates the property within the Sensitive Terrestrial Ecosystems Development Permit Area¹. Relevant objectives of the development permit area include the following:

• Plan and regulate new development in a manner that preserves and protects the physical and ecological integrity of sensitive ecosystems.
• Minimize the threat of wildland fires and damage to property and public injury as a result of wildland fires.
• Balance development opportunities with ecological conservation.

The proposal can be supported because it would address the guidelines through the following:

• Siting the carport in an area previously approved for parking so no additional trees would be disturbed.
• Use of a fire-resistant metal roofing as recommended in the Wildfire Hazard Assessment Report (Attachment 2).

Variances

The variance to permit the siting of the carport in the front yard can be supported for the following reasons:

• The proposed carport location is an already cleared driveway parking area that was approved in Development Permit 2023-05.
• The carport would not be visible from the road.
• No additional trees would be removed or impacted in the construction of the carport.
• Compliance with the Zoning Bylaw requirement to site the carport behind the front building line would have environmental impacts.
  • The principal building under construction is set back over 120m from the road so the front yard is very large
  • Siting the carport north of the dwelling would mean cutting trees and site regrading.
  • The carport cannot be located south or west of the dwelling because that area is subject to a 30m setback from Pike Lake.

Impacts and Implications

ALIGNMENT:

The recommended option aligns with the Town’s following core guiding documents as follows:

PUBLIC PARTICIPATION GOAL:

The desired level of public participation for the recommended option is:

[X] Consult

TIME CRITICAL:

There are no time considerations for the Town. The applicant would like to proceed to install the carport in 2025 while the house at the site is also under construction.

ATTACHMENTS:

1. Architectural Plans and Drawings – Coast and Beam Architecture, (2 pages)
2. Wildfire Hazard Assessment – Strathcona Forestry Consulting, September 27, 2021 (23 pages)
3. Sensitive Terrestrial Ecosystems Development Permit Area Guidelines review (6 pages)

¹ The Natural Shoreline and Watercourse Development Permit Area also applies to the parcel, covering land 30m from the natural boundary of Pike Lake; however the proposed carport is outside of this development permit area.