REQUEST FOR DECISION
MEETING DATE: January 20, 2026 Report No. APC-26-002
TO: Advisory Planning Commission
FROM: James Davison, Manager of Development Services
SUBJECT: Development Variance Permit Application - 640 Lampson St - Staff Report No. APC-26-002
RECOMMENDATION:
Recommendation
That the Esquimalt Advisory Planning Commission recommends that Council either approve, approve with conditions, or deny the Development Variance Permit Application for 640 Lampson street that proposes to permit staff to provide an alternate development standard for the frontage works and services along Fernhill Rd for the development at 640 Lampson Street, as outlined in Staff Report No. APC-26-002, including reasons for the chosen recommendation.
Body
EXECUTIVE SUMMARY:
The approved Small-Scale Multi-Family Housing (SSMFH) project at 640 Lampson St would be required by Subdivision and Development Servicing Bylaw No. 3128 to make improvements along the street frontages of both Lampson St and Fernhill Rd at time of Building Permit.
The Fernhill Rd frontage is steeply sloped and treed, and staff does not wish to alter the condition of the road frontage, other than likely requiring milling and re-paving the road surface.
A variance to permit staff to not require the frontage improvements within Section 5(a) of the Subdivision and Development Servicing Bylaw was approved by Council on September 8, 2025.
This application proposes two walkways out to Fernhill Road at the request of the ownership, which staff does not support.
BACKGROUND:
The property at 640 Lampson St has an approved Development Permit to construct a 4-unit SSMFH project.
In this case, frontage improvements required by the Subdivision and Development Servicing Bylaw would cause the removal of trees and create practical difficulties in the construction of works and services given the steeply sloped bank running to property line at 640 Lampson. Requiring curb and gutter and sidewalk would require excavation which would disturb the trees along Fernhill Rd. Staff wish to leave the entirety of the Fernhill Road right-of-way as-is, except for possibly requiring milling and re-paving of Fernhill Road.
The Director of Engineering cannot waive the requirement for the provision of works and services.
The approval of a removal of required frontage works (including sidewalk, curb and gutter) was approved by Council on September 8. 2025 and represents the frontage condition desired by staff and Council.
The owners at 640 Lampson have requested two walkways out to Fernhill Road, which would be owned and maintained by the Township, and would represent a non-standard frontage improvement leading to a road with no pedestrian infrastructure.
ANALYSIS:
The variance requested is as follows:
By not requiring at time of Building Permit that the owner is required to adhere to Subdivision and Development Servicing Bylaw, No. 3128, 2023 Section 5. 5(a):
The Owner of Any Parcels that are the subject of any proposal for Subdivision or Development must provide each Parcel with Highway Works and Services including without limitation, sidewalks, cycling facilities, street lighting, transit shelter, pedestrian crosswalk, traffic sign or signal, street furniture and public improvements, transit bays, boulevards, highway median or boulevard planting.
The Development Variance Permit would include an illustration of the requested frontage improvements contained within Appendix B of this report.
Staff is not supportive of the variance for the following reasons:
1. The works are not standard for the township.
2. The pathways lead pedestrians out to a narrow road with no pedestrian infrastructure.
OPTIONS:
1. That the Esquimalt Advisory Planning Commission recommends that Council approve the Development Variance Permit Application for 640 Lampson street that proposes to permit staff to provide an alternate development standard for the frontage works and services along Fernhill Rd for the development at 640 Lampson Street, as outlined in Staff Report No. APC-26-002, including reasons for the chosen recommendation.
2. That the Esquimalt Advisory Planning Commission recommends that Council either approve, subject to conditions, the Development Variance Permit Application for 640 Lampson street that proposes to permit staff to provide an alternate development standard for the frontage works and services along Fernhill Rd for the development at 640 Lampson Street, as outlined in Staff Report No. APC-26-002, including reasons for the chosen recommendation.
3. That the Esquimalt Advisory Planning Commission recommends that Council deny the Development Variance Permit Application for 640 Lampson street that proposes to permit staff to provide an alternate development standard for the frontage works and services along Fernhill Rd for the development at 640 Lampson Street, as outlined in Staff Report No. APC-26-002, including reasons for the chosen recommendation.
COUNCIL PRIORITY:
Housing
Climate Resilience and Environmental Stewardship
REPORT REVIEWED BY:
1. James Davison, Manager of Development Services, reviewed
2. Victoria McKean, Committee Coordinator, concurrence
LIST OF ATTACHMENTS:
Appendix A Aerial Photo
Appendix B Landscape Plan/Site Plan
Appendix C Street View Photo Fernhill Rd
Appendix D Capital Tree Service Site Assessment
Appendix E Arborists’ Report
Appendix F Applicant Presentation