TOWNSHIP OF ESQUIMALT STAFF REPORT
MEETING DATE: June 23, 2025 Report No. DEV-25-026
TO: Council
FROM: James Davison, Manager of Development Services
SUBJECT: Development Variance Permit Application - 429 Lampson Street - Staff Report No. APC-25-010
RECOMMENDATION:
Recommendation
That Council approve DVP00156 including variances to the siting of the principal building on Site A, the shared Site A/Site B lot line setback for building elements up to 11 metres in height within Site B, and the shared Site A/Site B lot line setback for building elements over 11 metres in height within Site B for the subject property located at 429 Lampson Street as outlined in staff report DEV-25-026.
Body
EXECUTIVE SUMMARY:
The applicant is requesting variances because of both changes to building elements on the site during construction (now completed) and to the setbacks of the Site B building elements relating to the proposed Lot A / Lot B lot line as illustrated in Appendix C. The proposed lot line will separate the English Inn site from the residential site. The applicant requires these variances to enable their subdivision application to be approved. No further physical change to the site is contemplated.
BACKGROUND:
The creation of the internal Site A/Site B lot line is intended to enable future subdivision of the lot into the English Inn site and the residential portion of the site. The proposed lot line accommodates the final construction condition and the desire to assign tree and retaining wall elements to one site or the other. This application addresses structures which have already been constructed and does not contemplate or enable further future construction within these setbacks. It does not impact external lot lines or setbacks thereto. The Site A buildings have changed slightly through the process of construction, but only in terms of elements such as posts and porticos; the building envelope has not changed. As such, the survey defining that building location is being updated as part of this process. No further physical change to the site is contemplated.
Chronology:
Advisory Planning Commission - May 20, 2025
Advisory Body Recommendations:
Advisory Planning Commission
That the Advisory Planning Commission recommend that the Development Variance Permit application consistent with the Tentative Plan of Subdivision attached to this report as Appendix A by J.E. Anderson & Associates, including the following variances to Zoning Bylaw, 1992, No. 2050 for the property located at 429 Lampson Street:
Variance to Section 67.71(7)(a) Siting of the Principal Building from that as detailed on the survey plan prepared by McElhanney Associates Land Survey Ltd., stamped "received September 9, 2013" to "...prepared by J.E. Anderson & Associates”, stamped "received May 21, 2025" as attached to this report as Appendix A,
Variance to Section 67.71(18)(a)(v) Site A/Site B shared Lot Line Setback for building elements up to 11 metres in height from 3.5 metres to 1.0 metres for Site B, and
Variance to Section 67.71(18)(a)(v) Site A/Site B shared Lot Line Setback for building elements over 11 metres in height from 7.5 metres to 1.3 metres for Site B,
be approved as the variances do not materially alter the proposal. Carried Unanimously.
ANALYSIS:
The variances requested to Comprehensive Development District No. 84 (CD No. 84) are as follows:
• Variance to Section 67.71(7)(a) Siting of the Principal Building from, “… prepared by McElhanney Associates Land Survey Ltd., stamped “Received September 9, 2013” to “…prepared by J.E. Anderson & Associates, stamped “Received May 21, 2025” as attached to this report as Appendix A.
• Variance to Section 67.71(18)(a)(v) Site A/Site B shared Lot Line Setback for building elements up to 11 metres in height from 3.5 metres to 1.0 metres for Site B.
• Variance to Section 67.71(18)(a)(v) Site A/Site B shared Lot Line Setback for building elements over 11 metres in height from 7.5 metres to 1.3 metres for Site B.
The proposal is logical, enables future subdivision, and does not impact any external lot lines. There are photos of the Site A/Site B boundary in the applicant’s presentation included as Appendix E. Staff is supportive of the application.
OPTIONS:
1. That Council approve Development Variance Permit No. DVP00156.
2. That Council postpone consideration of Development Variance Permit No. DVP00156 pending receipt of additional information.
3. That Council deny Development Variance Permit No. DVP00156.
COUNCIL PRIORITY:
Housing
Diversified and Thriving Economy
FINANCIAL IMPACT:
There are no financial implications associated with this application.
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 12, 2025.
TIMELINES & NEXT STEPS:
Should Council approve Development Variance Permit No. DVP00156, the applicant can proceed with a subdivision application.
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 DVP00156
Appendix B Aerial Map
Appendix C Site Survey
Appendix D Applicant Letter
Appendix E Applicant Presentation