TOWNSHIP OF ESQUIMALT STAFF REPORT
MEETING DATE: April 28, 2025 Report No. DEV-25-009
TO: Council
FROM: Alex Tang, Planner and Bill Brown, Director of Development Services
SUBJECT: Development Variance Permit Application - 1075 Tillicum Road
RECOMMENDATION:
Recommendation
That Council approve DVP00158, which includes variances to decrease the front setback by 1.9 metres, the northern interior side setback by 0.9 metres, the southern interior side setback by 1.7 metres and the rear setback by 1.0 metres as outlined in Staff Report DEV-25-009 to accommodate balconies for the property located at 1075 Tillicum Road.
Body
EXECUTIVE SUMMARY:
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.
BACKGROUND:
On June 13, 2022, Council adopted Zoning Bylaw, 1992, No. 2050, Amendment Bylaw, 2021, No. 3056. This bylaw amended the zoning designation of 1075 Tillicum Road from C-6A [Licensed Liquor Establishment - Professional Office] to Comprehensive Development District No. 147 to allow for a 6-storey development.
Chronology:
• June 13, 2022 - Council adopted Zoning Bylaw, 1992, No. 2050, Amendment Bylaw, 2021, No. 3056
• March 6, 2025 - Development Variance Permit Application received
• March 18, 2025 - Advisory Planning Commission reviews the variance application.
Advisory Body Recommendations:
Advisory Planning Commission:
• Members had no concerns.
• The Advisory Planning Commission resolved that the application be forwarded to Council with a recommendation of approval.
ANALYSIS:
The following variances to the front, side, and rear setbacks are to accommodate the balconies delineated on the drawings attached as Appendix B.
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]; and
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
These balconies were part of the same design that accompanied Staff Report DEV-22-029 presented at the April 25, 2022, Council meeting at which Council gave 3rd reading to Zoning Bylaw, 1992, No. 2050, Amendment Bylaw, 2021, No. 3056 following the public hearing. Although the bylaw did not contain siting exceptions for the balconies, they were illustrated in all the relevant drawings, including the drawings presented at the public hearing.
ZONING ANALYSIS:
The current zoning on the subject property is CD No. 158
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|
CD No. 158 |
Proposed Variances |
|
Lot Coverage at the Parking Level |
82% |
|
|
Lot Coverage at or above the First Storey |
48% |
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Setbacks: |
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|
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Front (Tillicum Rd) |
6.0 m |
4.1 m |
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Northern Interior Side |
2.9 m |
2.0 m |
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Southern Interior Side |
3.5 m |
1.8 m |
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Rear |
6.5 m |
5.5 m |
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Building Height |
21.7 m [6 storeys] |
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|
Off Street Parking |
89 spaces |
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|
Usable Open Space |
180 m2 [7.5%] |
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OPTIONS:
1. That Council approve Development Variance Permit No. DVP00158.
2. That Council postpone consideration of Development Variance Permit No. DVP00158 pending receipt of additional information.
3. That Council deny Development Variance Permit No. DVP00158.
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 April 11, 2025.
TIMELINES & NEXT STEPS:
Should Council approve Development Variance Permit No. DVP00158, the applicant can construct the balconies as part of the principal building.
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:
List all items attached to the Staff Report
1. Appendix A: DVP000158
2. Appendix B: Floor Plan of the 2nd Storey with the Requested Variances Bubbled