As Calgarians leave behind the restrictions of the COVID years, growing numbers face challenges in housing. Homeowners and renters alike face soaring heating and electricity costs that in many cases have doubled since December of 2021.
One of the ways that some homeowners were choosing to defray the cost of homeownership even prior to the early 2022 spike in heating and electricity costs was adding a secondary rental suite to their homes, a trend that may be expected to continue as the cost of living continues to rise.
If a homeowner makes an application to the City Development Authority for a Development Permit (DP) to construct a secondary suite, in accordance with the Land Use By-law Notice must be given to persons considered affected by the development. Although persons affected by the development is not defined in the Municipal Government Act (MGA), neighbouring property owners have generally been considered to be such persons for purpose of the Notice. Notice is provided in two ways: 1) by posting a copy of the DP application on the subject property, and 2) by posting the application to the City’s development permit website at [email protected]. Persons deemed to be affected by the development have 21 calendar days from the date of the Notice to file an appeal with the Calgary Subdivision and Development Appeal Board (CSDAB).
However, neighbours of homeowners who aspire to have secondary rental units in their homes do not always welcome such developments for a number of reasons. A decision of the Calgary SDAB in January of 2022 (2021 CGYSDAB 89 https://canlii.ca/t/jlsqt) provides a good example of the kinds of objections that neighbours tend to raise in such matters. A homeowner in the southeastern suburban community of McKenzie Lake was granted a DP to build a secondary suite in his basement. The site utilizes an existing legal front driveway and attached garage to provide parking for the single detached dwelling and the proposed secondary suite. The garage is large enough to accommodate two vehicles, one for the house and the other for the secondary suite. The subject parcel sits at the transition to the bulb of a cul-de-sac. Although there is sufficient parking in front of the parcel, it is limited around the bulb of the cul-de-sac. The City’s Development Authority considered a range of factors set out in section 35 of the Land Use Bylaw, which includes vehicle and pedestrian circulation and street parking requirements, then decided the proposed secondary suite was compatible and approved the development application.
Several of the homeowner’s neighbours objected to the construction of the secondary suite so one filed the appeal to get the matter before the SDAB while the other neighbours appeared before the board in support. Parking was identified as their major concern. The cul-de-sac provided insufficient spaces for visitors’ parking and some neighbours stressed that the subject homeowner himself often parked his vehicle and trailer in the street rather than use his own driveway. Moreover, neighbours argued, the local children frequently played games, road hockey and did other activities in the cul-de-sac so the addition of other vehicles because of a renter and additional visitors would unduly strain the parking situation. An argument was also advanced that the proposed development would lead to a decrease in property values because prospective buyers of homes adjacent to the subject property would not want to buy next to a rental property. Finally, because the separate entrance to the proposed secondary suite was located in the back of the subject property, a couple of neighbours argued their rights to privacy would be compromised by a tenant’s coming and going with a view into their yards.
The CSDAB is a board comprised of private individuals appointed by the City to adjudicate on appeals concerning development permits and subdivision applications. As such, it is independent of the decision-making process. The board weighed the proposed secondary suite in the context of municipal land use planning considerations, the objections of the neighbours, and reviewed the Municipal Government Act, the Land Use Bylaw, the Municipal Government Plan, the McKenzie Lake Area Structure Plan, the City’s policy regarding secondary and backyard suites, and decided that all requirements for a secondary suite had been met and upheld the Development Authority’s decision to grant a DP. In coming to its decision, the board agreed with the subject property owner’s submission that the effect of the secondary suite on neighbouring homeowners would be minimal, if indeed there was any effect. Furthermore, the proposed development was in keeping with the City’s policy of providing affordable housing.
As of late 2021, there were approximately 6700 legal secondary suites within the city limits https://calgary.ctvnews.ca/city-extends-amnesty-on-legalizing-secondary-suites-through-2023-1.5714540. However, there were also an unknown number of rental units in private dwellings that were not constructed in accordance with the official process of applying to the City for a DP prior to construction. To address the ongoing demand for affordable housing, the City has an amnesty program in place that extends into 2023. Under the program, for secondary units built before March 2018, the usual permit application and registration fees have been waived as property owners are encouraged to bring such secondary units into compliance with building code and safety protocols which include providing an escape window from the bedroom as well as smoke and carbon monoxide alarms.