Legislation Details

File #: 26-087    Version: 1 Name:
Type: Staff Report Status: Agenda Ready
File created: 2/24/2026 In control: Council
On agenda: 5/4/2026 Final action:
Title: Development Variance Permit Application - 942 Wollaston Street, Staff Report No. DEV-26-009
Attachments: 1. A - DVP00180 (002), 2. B - Aerial Map, 3. C - Applicant's Letter, 4. D - Survey Plan, 5. E - Building Plans, 6. F - Staff Presentation, 7. G - Applicant Presentation
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TOWNSHIP OF ESQUIMALT STAFF REPORT

MEETING DATE:  May 4, 2026                     Report No. DEV-26-009

 

TO:                                            Council                                          

FROM:                                           Kirsten Dafoe, Planner II and Bill Brown, Director of Development Services

SUBJECT:                      Development Variance Permit Application - 942 Wollaston Street

 

RECOMMENDATION:

 

Recommendation

That Council approve the Development Variance Permit application DVP00180 at 942 Wollaston Street to authorize the proposed building siting for the conversion of an accessory building to a principal building containing one dwelling unit, with the variance outlined in Staff Report No. DEV-26-009.

Body

 

EXECUTIVE SUMMARY:

 

The applicant proposes to construct a Small-Scale Multi-Family Housing (SSMFH) development of 3 dwelling units within 2 principal buildings under the RSM-2 zone. Two existing dwelling units are located in the existing principal building, while the third unit is proposed to be located in a currently under-construction accessory building converted to a principal building to contain the use.

 

To allow the building siting for the proposed SSMFH development, a variance to the Zoning Bylaw, 1992, No. 2050 is required, as outlined in the “Purpose of Application” section of this staff report. The variance requested is to reduce the required rear setback and would authorize the conversion of the under-construction accessory building to a principal building containing one dwelling unit.

 

If the development variance permit DVP00180 is approved, staff could then proceed with the delegated approval process for the associated development permit.

 

BACKGROUND:

 

Relevant Policy:

Official Community Plan Bylaw, 2018, No. 2922

Zoning Bylaw, 1992, No. 2050

Parking Bylaw, 2025, No. 3089

Development Application Procedures and Fees Bylaw, 2012, No. 2791

Local Government Act

 

Purpose of Application:

 

The applicant is in the process of constructing an accessory building at 942 Wollaston Street as authorized in November 2024 by Building Permit No. BP014623. Per this initial proposal the accessory building was intended to contain a workshop/studio space and a sauna area. In June 2025, the Director of Development Services issued a minor Development Variance Permit (No. DVP00164) to address a siting error that occurred during construction (reducing side setback and increasing building height for accessory buildings under the RS-1 zone).

 

The applicant now proposes to convert the under-construction accessory building into a principal building containing one dwelling unit as part of a 3-unit SSMFH development under the RSM-2 zone. The building would contain a 32.5m2 one-bedroom dwelling unit and a 13.9m2 sauna area for use by residents. The existing principal building on the property currently contains the other two dwelling units. With the conversion from an accessory building to a principal building, the previously approved minor variances would no longer be applicable to the development.

 

To allow the proposed building siting for the conversion of the accessory building at 942 Wollaston Street to a principal building containing one dwelling unit, the applicant is requesting the following variance:

 

                     Section 40.3(7)(a)(iv) - Principal Building Rear Setback: to reduce the minimum required Rear Setback from 4.5m to 1.5m. This is a variance of 3.0m.

 

If the development variance permit DVP00180 is approved, staff could then proceed with the delegated approval process for the associated development permit.

 

Application Timeline:

February 9, 2026 - Application submitted

March 17, 2026 - Advisory Planning Commission

 

Context:

Applicant: Alexander Robinson (Owner)

 

Lot Area: 557m2

 

OCP Present Land Use Designation: Low Density Residential

OCP Proposed Land Use Designation: Townhouse Residential

 

Existing Land Use: Single-Family Residential

 

Surrounding Land Uses:

North: Multiple Family Residential

South: Single Family Residential

East: Single Family Residential

West: Single Family Residential

 

Zone Designation: Single Family Residential [RS-1] and Small-Scale Multi-Family Housing Zone (Medium Lot) [RSM-2]

 

Small-Scale Multi-Family Housing (SSMFH):

Section 30.10 of Zoning Bylaw, 1992, No. 2050 states that “Lots shown as ‘SSMFH Lots’ on Schedule A.2 Small-Scale Multi-Family Housing (SSMFH) Zoning Overlay Map” that are “between 280 square metres and 4,050 square metres used or intended to be used as SSMFH Dwellings are subject to the [RSM-2] regulations.” The RSM-2 zone allows for three or four SSMFH Dwellings per parcel. The applicant proposes 3 dwellings for this property.

 

Schedule C of Development Application Procedures and Fees Bylaw, 2012, No. 2791 (Delegation of Development Permit Powers) identifies that Council delegates to the Director of Development Services the authority to issue development permits for “all residential development, in any building form, up to and including six (6) units on a fee simple parcel.”

 

Advisory Body Recommendations:

Advisory Planning Commission

The Commission’s comments included the following:

                     2 parking spaces satisfies the number required by the parking bylaw, though options for additional off-street parking may be also achievable.

                     Adverse adjacency impacts of the requested variance are limited due to the multi-family/mixed use land uses to the north (uphill) and the new building’s roof slope relative to the single-family residential neighbours.

 

That the Commission recommend that Council approve the Development Variance Permit application to authorize the proposed rear setback at 942 Wollaston Street, with the variance outlined in the “Purpose of Application” section of staff report no. APC-26-006, as it contributes to rental housing choices with the provision of smaller units.

 

Referral Comments:

The proposed development was circulated to Building Inspection, Engineering Services, Fire, and Parks. No concerns with the development or requested variance were identified.

 

ANALYSIS:

 

OCP Analysis:

The proposed development is consistent with the Official Community Plan’s Present Land Use Designation of Low Density Residential and generally consistent with the Proposed Land Use Designation of Townhouse Residential. The proposed development consists of three dwelling units within two buildings.

 

Section 5.2 Low Density Residential Redevelopment and Small-Scale Multi-Unit Housing states an objective to strive for redevelopment and infill development that improves and enhances the appearance and livability of neighbourhoods and the community as a whole. Supporting policies in this section applicable to the proposed development include:

 

                     Proposed redevelopment or infill within present low density and Small-Scale Multi-Unit residential land use designated areas should be built to high quality design and landscaping standards and respond sensitively to existing neighbourhood amenities.

 

Part 17 Development Permit Areas provides guidelines that will be considered by staff for the development permit applications associated with the proposed SSMFH development. Development permits for SSMFH development are subject to delegated approval by staff.

 

Zoning Analysis:

Lot Coverage, Height, and Setbacks: except with respect to the variance requested for rear setback as outlined in this report, the proposed development is consistent with the Zoning Bylaw’s RSM-2 zone provisions. The RSM-2 zone does not set out a maximum floor area ratio (FAR).

 

The building is subject to a previous Development Variance Permit approval (no. DVP00164). This previous permit authorized variances to side setback and building height for accessory buildings under the RS-1 zone. Under the RSM-2 zone by comparison, the conversion of the accessory building to a principal building would be consistent with side setback and building height regulations. If DVP00180 and the associated development permit and building permit revisions are issued and completed, the previous DVP00164 would no longer be applicable to the property’s development. 

 

Parking Analysis:

Though the proposed site plan indicates four spaces, two of these are not located fully within the property and are not considered to be parking spaces per the Parking Bylaw The existing driveway meets the minimum of two spaces required for the proposal. Dimensions of parking spaces and maneuvering areas are shown to meet the requirements set out in the Parking Bylaw.

 

 

OPTIONS:

 

1.                     Motion:

That Council approve the Development Variance Permit application DVP00180 at 942 Wollaston Street to authorize the proposed building siting for the conversion of an accessory building to a principal building containing one dwelling unit, with the variance outlined in staff report no. DEV-26-009

 

2.                     Alternate motion:

That Council postpone consideration of Development Variance Permit No. DVP00180 pending receipt of additional information.

 

3.                     Alternate motion:

That Council deny Development Variance Permit No. DVP00180.

 

COUNCIL PRIORITY:

 

Housing

 

FINANCIAL IMPACT: 

 

There are no financial implications associated with the proposal.

 

COMMUNICATIONS/ENGAGEMENT: 

 

As this is a Development Variance Permit application, notices were mailed to owners and tenants of properties within 50 meters of the subject property on April 23, 2026.

 

TIMELINES & NEXT STEPS:

 

Should Council approve Development Variance Permit DVP00180, staff could then proceed with the delegated approval process for the associated Development Permit (DP000268).

 

REPORT REVIEWED BY:

 

1.                     Bill Brown, Director of Development Services, Reviewed

2.                     Ian Irvine, Director of Finance, Reviewed

3.                     Deb Hopkins, Director of Corporate Services, Reviewed

4.                     Dan Horan, Chief Administrative Officer, Concurrence

 

LIST OF ATTACHMENTS: 

 

1.                     Appendix A - DVP00180

2.                     Appendix B - Aerial Map

3.                     Appendix C - Applicant’s Variance Rationale Letter

4.                     Appendix D - Survey Plan

5.                     Appendix E - Building Plans

6.                     Appendix F - Staff Presentation

7.                     Appendix G - Applicant’s Presentation