REQUEST FOR DECISION
MEETING DATE: April 13, 2026 Report No. DEV-26-008
TO: Council
FROM: James Davison, Manager of Development Services
SUBJECT: Development Variance Permit Application - 640 Lampson St - Staff Report No. DEV-26-008
RECOMMENDATION:
Recommendation
That Council deny the application for DVP00173 to vary the applicable provisions of the Subdivision and Development Servicing Bylaw for certain frontage works and services for the proposed Small-Scale Multi-Family Residential project at 640 Lampson Street as outlined in Staff Report No. DEV-26-008.
Body
EXECUTIVE SUMMARY:
The approved Small-Scale Multi-Family Residential project at 640 Lampson St would be required to make improvements along the street frontages of both Lampson St and Fernhill Rd at time of Building Permit.
On September 8, 2025, Council unanimously approved a variance in the same location to enable staff to not require curb/gutter/sidewalk improvements within the boulevard along Fernhill Rd. The Fernhill Rd frontage is steeply sloped and treed, and staff did not wish to alter the condition of the road frontage, other than likely requiring milling and re-paving the road surface.
DVP00173 requests the same variance, to alter the frontage requirements. This time, however, the applicant proposes two pathways from the buildings to Fernhill Rd. Staff is not supportive of these improvements.
BACKGROUND:
The property at 640 Lampson St has an approved Development Permit to construct a 4-unit Small Scale Multi-Family project.
A previous DVP, DVP00161, was approved on September 8, 2025 by Council, which permitted staff to not require standard boulevard improvements along Fernhill Rd at time of Building Permit. This would have included sidewalk, curb and gutter. Staff did and does not want to construct boulevard improvements along this frontage due to the steep slope and the Garry Oak trees within the boulevard.
The applicant has returned with another DVP and now wishes to construct two curvilinear pathways to Fernhill Rd, which will contain no other frontage improvements, as illustrated in Appendix C.
Chronology:
Advisory Planning Commission - July 15, 2025 (for DVP00161 to require alternate (less) frontage improvements)
Council - September 8, 2025 (for DVP to require alternate (less) frontage improvements)
Advisory Planning Commission - January 20, 2026 (DVP00173) for current request
Advisory Body Recommendations:
Advisory Planning Commission (January 20, 2026)
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, as it is not consistent with the environmental standards or character of the neighbourhood. Carried with Member Dewji opposed.
Circulation Comments:
Engineering:
These paths would not be supported by Engineering. Boulevard alterations are limited to plantings and hard surface treatments (as well as gravel) and are specifically outlined as works that are not permitted.
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.
Council has already approved a variance to the works and services along this frontage for the purpose of minimizing any works within this boulevard. Staff does not support these improvements for the following reasons:
1. The paths are non-standard infrastructure which would be owned and maintained by the Township.
2. The paths lead to a narrow road with no pedestrian improvements.
The applicant has included an arborist report (Appendix D) and tree service report (Appendix E), which suggest very minimal impact with the applicant’s proposal. Staff’s position is that the least impact for the site would be to remove all hardscaping on the north side of the site and facilitate access to the units through the driveway on the south side of the buildings.
OPTIONS:
1. That Council deny Development Variance Permit No. DVP00173.
2. That Council postpone consideration of Development Variance Permit No. DVP00173 pending receipt of additional information.
3. That Council approve Development Variance Permit No. DVP00173.
FINANCIAL IMPACT:
There is no financial impact associated with this application.
COMMUNICATIONS/ENGAGEMENT:
Notices of the variances was sent to owners and occupants of properties within 50m of the subject property.
TIMELINES & NEXT STEPS:
If DVP00173 is approved, the applicant will require a Development Permit amendment.
COUNCIL PRIORITY:
Housing
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:
Appendix A DVP00173
Appendix B Aerial Photo
Appendix C Site Plan
Appendix D Arborist Report
Appendix E Tree Service Report
Appendix F Applicant Presentation