THUNDER BAY – A staff recommendation to reduce setback requirements for backyard homes has been placed on hold by city council after hearing concerns from a local resident.
Staff will now launch additional consultation on the potential change, which if implemented would see the city cut the minimum setback from neighbouring property lines from 1.5 to 0.6 metres — or roughly two feet — for backyard homes.
The proposed change would make the setback “consistent with all other accessory buildings such as garages and sheds” and eliminate a potential loophole, staff advised.
Residents are allowed to convert existing garages and outbuildings that meet certain technical requirements into backyard homes, and the minimum setback for those outbuildings is only 0.6 metres.
“We felt if existing garages could be converted, then why would a new build — which would have even more strenuous regulatory requirements from the building code — not be permitted to be built that close?” planner Jillian Fazio told council in a Monday meeting.
Staff added that allowing the change could support the development of backyard homes along the periphery of a property, allowing more efficient use of backyard space, and promote facing the windows and doors of backyard homes into their own properties.
The change was suggested as part of a larger set of “housekeeping” amendments to the city’s zoning bylaw, changes staff said were meant simply to correct errors and inconsistencies in the wide-ranging document.
An overhaul the zoning bylaw was approved by council last year, containing sweeping changes meant to simplify the rules and encourage urban infill.
That included loosening regulations to allow more additional units on most urban lots, with backyard homes one new option.
While the changes drew widespread support in city consultations, some residents expressed concern backyard homes could cause shading or drainage issues, or simply “change the character” of local neighbourhoods.
In a deputation to council on Monday, resident Karen Douglas said the recommendation to reduce setbacks ignored some of that feedback.
She said a city survey conducted last year showed 75 per cent of residents opposed reducing residential setback requirements.
“What has changed since the citizens were consulted?” she asked.
“When the new bylaw was being developed, there was no mention of converting garages to backyard homes,” she added. “When garages were built, none of the neighbours thought they would ever be houses.”
Staff said while some garages “could work quite well” as converted backyard units, it’s unlikely to be a common move.
“There are quite a lot of technical reasons why many garages … would have trouble converting to a backyard home,” said Fazio. “Building code and fire code would be reviewed [and there are] challenges with connecting sewer and water.”
Buildings with setbacks of under 1.2 metres are subject to fire-related building code requirements and cannot have windows or doors facing that property line.
Coun. Kasey Etreni credited Douglas’s concerns, saying she worried shrinking setbacks could cause disputes.
“I 100 per cent appreciate infill and I think backyard homes are a great idea, but we don’t want to make those lines tighter and tighter, and then start having neighbours complaining,” she said.
“The tighter you get to the line, then you’ve got fences caving in, complaints about neighbours having to use ladders on their property.”
Coun. Mark Bentz agreed neighbours can benefit from a little distance.
“If you were to ask most people if they want a building two feet from their property, or four or five feet, they’d probably pick the further one. I think that would build better relations between neighbours, I really do.”
Bentz suggested the city consider grandfathering in existing outbuildings with a 0.6-metre setback, but requiring the 1.5-metre standard for new builds.
“I agree with 1.5 [metre setbacks] for any new building, just so we can have … the proper light,” said Coun. Rajni Agarwal. “Homes without windows just make for a one-bedroom shed or a bachelor suite, and it’s not adding to value on the properties.”
“Converting an existing garage because it’s there doesn’t make sense when we have so much land available,” she added. “If somebody wants to put an additional [unit] on, they might want to join it to their existing property, making it into a duplex, putting on another story, or making it into an addition.”
Staff said the city has still received only one application to build a backyard home.
“We’re talking a lot, we’re getting really invested in this, but at the end of the day, so far there’s been one,” concluded Coun. Albert Aiello.
City staff had anticipated uptake on backyard homes would be slow, at least at first.
In an interview, Fazio said staff have also received a handful of informal inquiries about converting existing structures like garages into backyard homes, and one or two early-stage pre-consultation applications.
She said issues like sewer and water access can make it challenging to build backyard homes in existing neighbourhoods.
“I think these will be more popular in developing portions of the city where there are vacant lots, and they can be planned from the get-go,” she said.
“There are lots of other opportunities for infill that may be less expensive for people with a single detached house who want to put in another unit… It’s sometimes a lot easier to just do it in the existing home.”
“We have had a lot of interest in increasing the number of units in existing houses, specifically I would say from one to two units.”
In her deputation, Douglas also criticized the city’s notice and public consultation practices around the changes as inadequate, urging council to allow more feedback.
Notice of Monday’s meeting to consider the change was posted on March 25 in the Chronicle-Journal and on the city’s website, staff said.
However, Douglas noted an online city survey was unavailable between April 6 and 12 due to a technical glitch, while city offices were closed for eight out of the comment period’s 15 days with the Easter holiday.
“Is there not any more transparent way to present changes to the zoning bylaw to the citizens of Thunder Bay?” she asked.
Staff told council the city had exceeded provincial notice guidelines, and pointed to robust consultations during the main zoning bylaw process, though some councillors suggested that wasn’t enough.
“We may be meeting standards, but I’m not sure we’re reaching the community – especially on issues that are so far-reaching like this and so important,” replied Bentz. “They may go unnoticed.”
Coun. Andrew Foulds agreed more outreach could be needed.
“I’m not sure that in 2023, a newspaper article, although it meets our regulatory duty, is sufficient,” he said. “To be clear, our administration is following [the regulations] — they’re not doing anything wrong. But that minimum bar is pretty low.”
Council ultimately voted to direct staff to conduct further review and report back by September.
