Staff Report: Application for a Temporary Use Permit to Allow a Personal Service Home Occupation in a Townhome at 116 - 1064 Gala Court (TUP26-0002)

EXECUTIVE SUMMARY:

The homeowner, Laura Hutchinson, has applied for a Temporary Use Permit for a personal service home occupation in which she will conduct facial massage, eyelash extensions, and brow lamination from a townhome located at 116 - 1064 Gala Court. Currently the City’s Zoning Bylaw does not permit the attendance of clients in townhomes, only single family and two-family homes. The applicant does not request a variance for parking and can supply the required parking within the driveway and garage.

BACKGROUND:

Previous Applications

• Z10-0012 – application to rezone 941 Flatman and 3467 Happy Valley Road to allow small lots and townhomes.
• DP11-0015 – Environmental DP for development within the Wildlife Habitat and Biodiversity, and Interface Fire Hazard development permit areas.
• DP11-0032 and DP11-0061 – Amendments to DP11-0015.
• DP14-0009 – Environmental DP for development within the Riparian development permit area.
• DP14-0053 Form and Character for an intensive residential subdivision and 20 townhouse units.

Table 1: Site Data

Legal Description

STRATA LOT 10, SECTION 84, METCHOSIN DISTRICT, STRATA PLAN EPS3248 TOGETHER WITH AN INTEREST IN THE COMMON PROPERTY IN PROPORTION TO THE UNIT ENTITLEMENT OF THE STRATA LOT AS SHOWN ON FORM V.
[029-797-195] [Roll:13975.110] [Plan:EPS3248, Lot: 10]

Size of Property

N/A

DP Areas

Interface Fire Hazzard, Habitat and Biodiversity, Riparian

Zoning

Existing: Comprehensive Development 15 – McCormick Meadows (CD15)

OCP Designation

Existing: Complete Community

Site and Surrounding Area

The existing property, shown in Figure 1, currently contains the second phase of the stratified townhome development which includes the subject property. The surrounding properties consist of townhomes and single-family homes and a few two-family homes. The area is primarily residential.

Table 2: Surrounding Land Uses

Council Policy

OFFICIAL COMMUNITY PLAN

The Official Community Plan (OCP) Bylaw No. 1200 designated the subject properties as “Complete Communities”, which is defined by the following text:

• Throughout the designation
  o Walk-up residential buildings are permitted, including a range of housing types to a maximum height of three storeys.

COMMENTARY:

Development Proposal

The applicant has applied for a Temporary Use Permit to operate a personal service home occupation from their townhome at 116 - 1064 Gala Court. The business provides facial massage, eyelash extensions and brow lamination services to one client at a time. The business will operate from a room on the lower floor of the home. According to Zoning Bylaw No. 300, such a business would be classified as a home business.

Currently, the Zoning Bylaw No. 300 only permits home offices in townhomes, prohibiting client visits on-site. Home businesses involving client visits are only allowed in one or two-family dwellings. The Zoning Bylaw limits client visits to homes in multi‑ family buildings due to concerns about parking availability and potential impacts on neighbouring residents. Section 3.09.03 (f) restricts personal service establishments to serve only one patron at a time.

Each townhouse in this development includes both a garage and a full‑ length driveway, providing sufficient parking for residents as well as visiting patrons. One residential parking space will be located inside the garage, with the second situated in tandem on the driveway. Patron parking will also be accommodated in the driveway with clear, unobstructed access, eliminating the need to use visitor parking or on‑ street parking and ensuring that no street congestion occurs.

The proposed business will operate on an appointment‑ only basis and is expected to generate minimal daily traffic, with an anticipated 2–4 appointments per day. The services offered are non‑ invasive and non‑medical, and they do not produce equipment noise, resulting in negligible impact on neighbouring residents.

Additionally, the Hawthorne Strata Council (EPS 3248) has provided written approval for this use.

Each request for a temporary use permit is evaluated on its own merits. Given the low impact on surrounding residents and the Strata Council's support, staff believe that the business can operate in a feasible manner.

LEGAL IMPLICATIONS:

Pursuant to Section 497 of the Local Government Act, the City may issue a Temporary Use Permit (TUP) for a period of up to three years. The Local Government Act also allows a Temporary Use Permit to be extended for a maximum of an additional three years. If the holder of a TUP wishes to conduct the temporary use beyond the 6-year period, they are required to make a new application to Council for a TUP or apply for rezoning.

Zoning Bylaw No. 300 designates all of Langford as an area where Temporary Use Permits may be issued for this type of use. Temporary Use Permits are considered on their individual merit.

OPTIONS:

Option 1

THAT the Sustainable Development Advisory Committee recommend:
THAT Council direct staff to provide notice that Council will consider issuing a Temporary Use Permit to Laura Hutchinson to operate a personal service home business at 116 - 1064 Gala Court. (Strata Lot 10, Section 84, Metchosin District, Strata Plan EPS3248, PID 029-797-195) subject to the following terms and conditions:

a. That the Temporary Use Permit is issued for a period of three years from time of issuance;
b. That the operator of the business obtains a Business Licence from the City of Langford; and
c. That the garage must be used for parking.

OR Option 2

THAT the Sustainable Development Advisory Committee recommend that Council take no action with respect to this Temporary Use Permit application for 116 – 1064 Gala Court (Strata Lot 10, Section 87, Metchosin District, Strata Plan EPS3248, PID 029-797-195) until such time as the following items are addressed and reviewed by the Sustainable Development Advisory Committee:

a. ________________;
b. ________________;
c. ____________.

SUBMITTED BY:

Kory Elliott, Planning and Land Development Technician

Concurrence:

• Leah Stohmann, RPP, MCIP, Director of Community Planning and Development
• Melisa Miles, Manager of Legislative Services
• Donna Petrie, Senior Manager of Communications & Economic Development
• Yari Nielsen, Director of Parks, Recreation and Facilities
• Katelyn Balzer, P.Eng., Director of Engineering and Public Works
• Michael Dillabaugh, CPA, CA, Director of Finance
• Marie Watmough, Director of Legislative & Protective Services
• Braden Hutchins, Deputy Chief Administrative Officer

Attachments:

• Strata Approval (116–1064 Gala Court)
• Parking Plan (116–1064 Gala Court)
• Floor Plan (116–1064 Gala Court)