REQUEST FOR DECISION
MEETING DATE: September 15, 2026 Report No. APC-26-023
TO: Advisory Planning Commission
FROM: Alex Tang, Planner and Bill Brown, Director of Development Services
SUBJECT: Development Variance Permit Application - 1340 Sussex Street and 1337 Saunders Street
RECOMMENDATION:
Recommendation
That the Advisory Planning Commission recommends that Council either approve, approve with conditions, or deny the development variance permit consistent with the architectural plan provided by Arcadis Architects, including the following variance for the property located at 1340 Sussex Street and 1337 Saunders Street:
Zoning Bylaw, 1992, No. 2050, 67.154 (9) (a) (ii)- Siting Requirements: Principal Building: Setback: A 1.3-metre decrease to the requirement that no Principal Building shall be located within 1.8 metres of the Lot Line abutting Nelson Street [i.e. from 1.8 metres to 0.5 metres], specifically for the parking structure that is situated below the First Storey of a Principal Building.
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EXECUTIVE SUMMARY:
The applicant is requesting a variance to Zoning Bylaw, 1992, No. 2050 to accommodate the underground parkade. The applicant states that this variance would facilitate the excavation and shoring as the adjacent landowner to the west did not consent to the required subsurface encroachment. The setbacks for the Principal Building at and above the First Storey would remain the same.
BACKGROUND:
The applicant is proposing to construct a 21-storey, commercial residential mixed-use building. The applicant is requesting a variance to Zoning Bylaw, 1992, No. 2050 to accommodate the underground parkade. In particular, the applicant is requesting a variance to the setback along Nelson Street for the portion of the Principal Building below the First Storey.
CONTEXT:
Applicant: Intracorp Projects Ltd.
Owner: 1340 Sussex Street Holdings (Esquimalt) Ltd., Inc.No. BC1178608
Architect: Arcadis Architects
Total Property Size: Metric: 4451 m2 Imperial: 46910 ft2
OCP Land Use Designation: Commercial / Commercial Mixed-Use - Tall
Zone: CD No. 167
Proposed Land Use: Commercial and Multiple Family Residential [21 Storeys]
Surrounding Land Uses:
North: Multiple Family Residential [6-Storey Apartment]
South: Multiple Family Residential [6-Storey Apartment]
East: Multiple Family Residential [3-Storey Townhouses and 6-Storey Apartment]
West: Multiple Family Residential [Federal Land]
Referral Comments:
In response to the Engineering Department’s concerns regarding the location of utilities on the Nelson Street frontage, utility connections and inverts are expected to remain in the same location. The existing pad-mounted transformer will be unaffected with the BC Hydro providing the design.
In response to the Parks Department’s concerns regarding the location and soil depth of plantings, the applicant notes that the plantings will not be significantly affected as the planters should have room over the parkade to accommodate the required soil.
ANALYSIS:
ZONING ANALYSIS:
On September 29, 2025, Council adopted Zoning Bylaw, 1992, No. 2050, Amendment Bylaw, 2025, No. 3158. This bylaw amended the zone from RM-4 [Multiple Family Residential] to Comprehensive Development District No. 167 to accommodate a 21-storey building consisting of 335 residential units and 352 m2 of commercial space.
In the Comprehensive Development District No. 167 zone, the required setback along Nelson Street is 1.8 metres. The applicant is requesting a variance to reduce this to 0.5 metres for the underground parkade. The setbacks for the Principal Building at and above the First Storey would remain the same.
OPTIONS:
1. That the Advisory Planning Commission recommends that Council approve the development variance permit application, including reasons for the recommendation.
2. That the Advisory Planning Commission recommends that Council approve, subject to conditions, development variance permit application, including reasons for the recommendation.
3. That the Advisory Planning Commission recommends that Council deny the development variance permit application, including reasons for the recommendation.
COUNCIL PRIORITY:
Housing
REPORT REVIEWED BY:
1. James Davison, Manager of Development Services, Reviewed
LIST OF ATTACHMENTS:
1. Appendix A: Aerial Map and Comprehensive Development District No. 167 Zone
2. Appendix B: Applicant’s Letter
3. Appendix C: Architectural Plans
4. Appendix D: Landscape Plans
5. Appendix E: Applicant’s Presentation