File #: 25-083    Version: 1 Name:
Type: Staff Report Status: Agenda Ready
File created: 3/10/2025 In control: Advisory Planning Commission
On agenda: 3/18/2025 Final action:
Title: Development Variance Permit Application - 1075 Tillicum Road
Attachments: 1. Appendix A: Floor Plan of the 2nd Storey with Requested Variances Bubbled
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REQUEST FOR DECISION

 

DATE:                       March 18, 2025                     Report No. APC-25-002

TO:                       Chair and Members of the Advisory Planning Commission

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

SUBJECT:

 

Title

Development Variance Permit Application - 1075 Tillicum Road

End

 

RECOMMENDATION:

 

Recommendation

That the Esquimalt Advisory Planning Commission recommends to Council to either approve, approve with conditions, or deny the development variance permit consistent with the architectural plan provided by Urban West Architecture, including the following variances for the property located at 1075 Tillicum Road:

 

Zoning Bylaw, 1992, No. 2050, 67.134 (8) (a) (i)- Siting Requirements: Principal Building: Front Setback: A 1.9-metre decrease to the requirement that no Principal Building shall be located within 6.0 metres of the Front Lot Line [i.e. from 6.0 metres to 4.1 metres]

 

Zoning Bylaw, 1992, No. 2050, 67.134 (8) (a) (ii)- Siting Requirements: Principal Building: Interior Side Setback: A 0.9-metre decrease to the requirement that no Principal Building shall be located within 2.9 metres of the northern Interior Side Lot Line [i.e. from 2.9 metres to 2.0 metres]

 

Zoning Bylaw, 1992, No. 2050, 67.134 (8) (a) (iii)- Siting Requirements: Principal Building: Interior Side Setback: A 1.7-metre decrease to the requirement that no Principal Building shall be located within 3.5 metres of the southern Interior Side Lot Line [i.e. from 3.5 metres to 1.8 metres]

 

Zoning Bylaw, 1992, No. 2050, 67.134 (8) (a) (iv)- Siting Requirements: Principal Building: Rear Setback: A 1.0-metre decrease to the requirement that no Principal Building shall be located within 6.5 metres of the Rear Lot Line [i.e. from 6.5 metres to 5.5 metres]

Body

 

RELEVANT POLICY:

 

Declaration of Climate Emergency

Official Community Plan Bylaw, 2018, No. 2922

Zoning Bylaw, 1992, No 2050

Parking Bylaw, 1992, No. 2011

Development Application Procedures and Fees Bylaw, 2012, No. 2791

Advisory Planning Commission Bylaw, 2012, No. 2792

Subdivision and Development Control Bylaw, 1997, No. 2175

Local Government Act

 

STRATEGIC RELEVANCE:

 

Housing

 

BACKGROUND:

 

Appendix A: Floor Plan of the 2nd Storey with Requested Variances Bubbled

 

PURPOSE OF APPLICATION:

 

The applicant is currently constructing a 6-storey, commercial residential mixed-use building.  The applicant is requesting variances to Zoning Bylaw, 1992, No. 2050 to accommodate the balconies.  As part of the design in 2022, the balconies were delineated in the architectural plans attached as Appendix C to Staff Report DEV-22-029 in which Council gave 3rd reading to Zoning Bylaw, 1992, No. 2050, Amendment Bylaw, 2022, No. 3056.  Within this bylaw, there were no siting exceptions written for the balconies.

 

Evaluation of the development variance permit should focus on an assessment of the variances requested.

 

CONTEXT:

 

Applicant: Abstract Developments

 

Owner: 1075 Tillicum Developments Ltd., Inc. No. BC1261779

 

Architect: Urban West Architecture

 

Total Property Size:                     Metric: 2377 m2                     Imperial: 25592 ft2

 

OCP Land Use Designation: Neighbourhood Commercial Mixed Use

 

Zone: Comprehensive Development District No. 147

 

Proposed Land Use: Commercial and Multiple Family Residential [6 Storeys]

 

Surrounding Land Uses:

North: Multiple Family Residential [4-Storey Apartments]

South: Single Family Residential

East: Multiple Family Residential [4-Storey Apartments]

West: Multiple Family Residential [3-Storey Townhouses]

 

ZONING ANALYSIS:

The following table details some of the notable regulations of Comprehensive Development District No. 147 as part of Zoning Bylaw, 1992, No. 2050 that governs this development:

 

CD No. 147 Zone

Residential Units

99

Total Floor Area Ratio

2.39

Lot Coverage (at the parking level)

82%

Lot Coverage at or above the First Storey

48%

Setbacks:

 

Front [Tillicum Road]

6.0 m

Northern Interior Side

2.9 m

Southern Interior Side

3.5 m

Rear

6.5 m

Building Height

21.7 m [6 storeys]

Off Street Parking

89 spaces

Usable Open Space

180 m2 [7.5%]

 

ISSUES: 

 

Please comment on the appropriateness of the variances to Zoning Bylaw, 1992, No. 2050 as it pertains to the development.

 

ALTERNATIVES:

 

1. That the Advisory Planning Commission recommends to Council that the development variance permit application be approved including reasons for this recommendation.

 

2. That the Advisory Planning Commission recommends to Council that the development variance permit application be approved subject to conditions, including reasons for this recommendation.

 

3. That the Advisory Planning Commission recommends to Council that the development variance permit application be denied including reasons for this recommendation.