Legislation Details

File #: 26-195    Version: 1 Name:
Type: Staff Report Status: Agenda Ready
File created: 5/7/2026 In control: Council
On agenda: 6/1/2026 Final action:
Title: Development Variance Permit Application – 604 Nelson Street, Staff Report No. DEV-26-026
Attachments: 1. Appendix A: Development Permit No. DP000244 Amendment No. 1, 2. Appendix B: Development Variance Permit No. DVP00182, 3. Appendix C: Aerial Map and Comprehensive Development District No. 164 Zone, 4. Appendix D: Applicant’s Letter, 5. Appendix E: Architectural and Landscape Plans
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TOWNSHIP OF ESQUIMALT STAFF REPORT

MEETING DATE:  June 1, 2026                     Report No. DEV-26-026

 

TO:                                            Council                                          

FROM:                                           Alex Tang, Planner and Bill Brown, Director of Development Services

SUBJECT:                      Development Permit and Development Variance Permit Application - 604 Nelson Street

 

RECOMMENDATION:

 

Recommendation

That Council approve Development Permit No. DP000244 Amendment No. 1 and Development Variance Permit No. DVP00182 for the variances requested to accommodate an underground parkade at 604 Nelson Street as outlined in Staff Report DEV-26-026.

Body

 

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 an efficient and functional underground parking layout.  The setbacks for the Principal Building at and above the First Storey would remain the same. 

 

 

BACKGROUND:

 

The applicant is proposing to construct a 6-storey, commercial residential mixed-use building.  The applicant is requesting variances to the 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.

 

Further to Council discussion on this application at their April 27, 2026, meeting, the applicant has amended the parkade in the northeast portion of the building by removing an area measuring 2 metres by 2 metres where the building protruded most and has improved the aesthetics of this corner.  A 17 metre-portion of the parkade in the northeast corner of the building will still protrude above ground but it is reduced from the previous plans.

 

Chronology:

                     February 12, 2026 - Application received

                     March 17, 2026 - Advisory Planning Commission

                     April 27, 2026 - Postponed by Council

 

 

Advisory Planning Commission Recommendations:

This application was considered at the regular meeting of the Advisory Planning Commission held on March 17, 2026.  Members sought clarification on whether the proposed building within the setback will protrude from the ground.

 

The Advisory Planning Commission resolved that the application be forwarded to Council with a recommendation of approval as the variance does not significantly impact the neighbourhood.

 

ANALYSIS:

 

ZONING ANALYSIS:

On June 9, 2025, Council adopted Zoning Bylaw, 1992, No. 2050, Amendment Bylaw, 2024, No. 3126.  This bylaw amended the zone for the property at 604 Nelson Street to Comprehensive Development District No. 164.  This change in zoning was to accommodate a 12-storey building consisting of 314 residential units and 352 m2 of commercial space.

 

The applicant has amended the design of this building to consist of 6 storeys, 235 residential units, and 354 m2 of commercial space.

 

In the Comprehensive Development District No. 164 zone, the required setback along Nelson Street is 3.0 metres.  The applicant requests the following variance to reduce this to 1.1 metres for the underground parkade:

 

Zoning Bylaw, 1992, No. 2050, 67.151 (9) (a) (ii)- Siting Requirements: Principal Building: Setback: A 1.9-metre decrease to the requirement that no Principal Building shall be located within 3 metres of the Lot Line abutting Nelson Street [i.e. from 3.0 metres to 1.1 metres], specifically for the parking structure that is situated below the First Storey of a Principal Building.

 

The setbacks for the Principal Building at and above the First Storey would remain the same.

 

An area measuring 2 metres by 2 metres has been removed from the parkade in the northeastern corner to conform to Zoning Bylaw, 1992, No. 2050 Section 24: Visibility at intersections as no structure or other visual obstruction is allowed in that area.

 

 

OPTIONS:

 

1. That Council approve Development Permit No. DP000244 Amendment No. 1 and Development Variance Permit No. DVP00182 for the variances outlined in Staff Report DEV-26-026.

 

2. That Council deny Development Permit No. DP000244 Amendment No. 1 and Development Variance Permit No. DVP00182 with reasons.

 

COUNCIL PRIORITY:

 

Housing

 

FINANCIAL IMPACT: 

 

There are no significant financial implications.

 

COMMUNICATIONS/ENGAGEMENT: 

 

For the Development Variance Permit application, notices were mailed to owners and tenants of properties within 50 metres (164 ft) of the subject property on May 15, 2026.

 

TIMELINES & NEXT STEPS:

 

Should Council approve Development Permit No. DP000244 Amendment No. 1 and Development Variance Permit No. DVP00182, the applicant can construct the parkade of the principal building with the reduced setback.

 

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: Development Permit No. DP000244 Amendment No. 1

2.                     Appendix B: Development Variance Permit No. DVP00182

3.                     Appendix C: Aerial Map and Comprehensive Development District No. 164 Zone

4.                     Appendix D: Applicant’s Letter

5.                     Appendix E: Architectural and Landscape Plans