TOWNSHIP OF ESQUIMALT STAFF REPORT
MEETING DATE: June 23, 2025 Report No. DEV-25-027
TO: Council
FROM: Alex Tang, Planner and Bill Brown, Director of Development Services
SUBJECT: Development Variance Permit Application - 805 Hutchinson Avenue
RECOMMENDATION:
Recommendation
That Council approve DVP00157 including variances to decrease the side setback by 1.2 metres and the building separation by 1.2 metres for the Detached Accessory Dwelling Unit located at 805 Hutchinson Avenue as outlined in staff report DEV-25-027.
Body
EXECUTIVE SUMMARY:
The applicant is requesting variances for a detached accessory dwelling unit. The applicant would like to use the existing foundation of the previously constructed legal non-conforming accessory building. This detached accessory dwelling unit encroaches onto the side setback and is sited too close to the Principal Building. The applicant will remove the other accessory building that was constructed without a building permit in September of 2024.
Evaluation of the development variance permit should focus on an assessment of the variances requested.
BACKGROUND:
Applicant / Owner: Jordan Noble
Architect: McNeil Building Designs Limited
Property Size: Metric: 555 m2 Imperial: 5974 ft2
OCP Present and Proposed Land Use Designation: Low Density Residential
Zone: RS-6
Existing Land Use: Single-Family Residential
Proposed Land Use: Single-Family Residential with Detached Accessory Dwelling Unit
Surrounding Land Uses:
North: Single-Family Residential
South: Single-Family Residential
East: Single-Family Residential
West: Single-Family Residential
Chronology:
• February 27, 2025 - Development Variance Permit Application received
• May 20, 2025 - Advisory Planning Commission
Advisory Body Recommendations:
Advisory Planning Commission:
• Members had no concerns and are supportive of the application.
• The Advisory Planning Commission resolved that the application be forwarded to Council with a recommendation of approval as it fits the needs of the community.
ANALYSIS:
ZONING ANALYSIS:
The RS-6 zone allows for a single-family dwelling and a detached accessory dwelling unit. The proposal conforms to the density and height of the zone. The owner will remove the second accessory building labeled ‘Shed’ on the site plan in order to conform to the lot coverage of the RS-6 zone. The proposed development includes a detached accessory dwelling unit that does not have the adequate side setback. The zone requires that the side setback be at least 1.5 metres. The proposed northern side setback is 0.3 metres for the detached accessory dwelling unit. Moreover, the distance between the detached accessory dwelling unit and the principal building is 1.3 metres, which is less than the required 2.5 metres.
The following variances to the siting requirements are to accommodate the detached accessory dwelling unit delineated on the architectural drawings attached as Appendix C:
Zoning Bylaw, 1992, No. 2050, 37.2 (9) (b) (ii)- Siting Requirements: Detached Accessory Dwelling Unit: Side Setback: A 1.2-metre decrease to the requirement that no Detached Accessory Dwelling Unit shall be located within 1.5 metres of an Interior Side Lot Line [i.e. from 1.5 metres to 0.3 metres].
Zoning Bylaw, 1992, No. 2050, 37.2 (9) (b) (iv)- Siting Requirements: Detached Accessory Dwelling Unit: Building Separation: A 1.2-metre decrease to the requirement that no Detached Accessory Dwelling Unit shall be located within 2.5 metres of a Principal Building [i.e. from 2.5 metres to 1.3 metres].
PARKING ANALYSIS:
Parking Bylaw, 1992, No. 2011 requires 1 parking space per residential dwelling unit. The proposed development provides 2 parking spaces in tandem for 2 residential dwelling units. Council amended the Parking Bylaw in 2021 to allow for tandem parking for a principal dwelling unit and the corresponding detached accessory dwelling unit.
OPTIONS:
1. That Council approve Development Variance Permit No. DVP00157.
2. That Council postpone consideration of Development Variance Permit No. DVP00157 pending receipt of additional information.
3. That Council deny Development Variance Permit No. DVP00157.
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 metres (164 ft) of the subject property on June 6, 2025.
TIMELINES & NEXT STEPS:
Should Council approve Development Variance Permit No. DVP00157, the applicant can proceed to a delegated Development Permit application.
REPORT REVIEWED BY:
1. Bill Brown, Director of Development Services, Reviewed
2. Deb Hopkins, Director of Corporate Services, Reviewed
3. Ian Irvine, Director of Finance, Reviewed
4. Dan Horan, Chief Administrative Officer, Concurrence
LIST OF ATTACHMENTS:
1. Appendix A: DVP00157
2. Appendix B: Aerial Map
3. Appendix C: Architectural Plans and Site Plan
4. Appendix D: Applicant’s Letter
5. Appendix E: Staff’s Presentation