TOWNSHIP OF ESQUIMALT STAFF REPORT
MEETING DATE: April 27, 2026 Report No. DEV-26-017
TO: Council
FROM: Alex Tang, Planner and Bill Brown, Director of Development Services
SUBJECT: Development Variance Permit Application - 604 Nelson Street
RECOMMENDATION:
Recommendation
That Council
1) Approve Development Variance Permit No. DVP00182 for the variances outlined in Staff Report DEV-26-017; and
2) Direct staff not to issue the Development Variance Permit until the necessary amendment to the original Development Permit is approved.
Body
EXECUTIVE SUMMARY:
The applicant is requesting variances 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.
In addition, staff have determined that a portion of the parkade in the northeast corner of the building will protrude above ground. Staff have been working with the applicant on potential architectural enhancements to this area to improve the aesthetic of the streetscape. Staff are recommending that Council approve DVP00182 subject to the applicant first obtaining an amendment to the existing development permit that incorporates architectural enhancements into the portion of the parkade that is exposed above ground in the northeast corner of the building.
CONTEXT:
Applicant: Aquila Pacific Developments Ltd.
Owner: Nelson Esquimalt Development Ltd., Inc.No. BC1308317
Architect: Formed Alliance Architecture Studio
Total Property Size: Metric: 4298 m2 Imperial: 46270 ft2
OCP Land Use Designation: Commercial / Commercial Mixed-Use
Zone: Comprehensive Development District No. 164
Proposed Land Use: Commercial and Multiple Family Residential [6 Storeys]
Surrounding Land Uses:
North: Multiple Family Residential [4-Storey Apartment]
South: Multiple Family Residential [1-Storey Triplex]
East: Multiple Family Residential [3-Storey Townhouses]
West: Multiple Family Residential [3-Storey Apartments and 3-Storey Townhouses]
Chronology:
• February 12, 2026 - Application received
• March 17, 2026 - Advisory Planning Commission
Advisory Planning Commisson 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 is requesting 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.
OPTIONS:
1. That Council approve Development Variance Permit No. DVP00182 and direct staff not to issue DVP00182 until the necessary amendment to the original development permit is approved.
2. That Council deny Development Variance Permit No. DVP00182 with reasons.
COUNCIL PRIORITY:
Housing
FINANCIAL IMPACT:
The request for a decision has no significant financial implications.
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 14, 2026.
TIMELINES & NEXT STEPS:
Should Council approve 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: DVP00182
2. Appendix B: Aerial Map and Comprehensive Development District No. 164 Zone
3. Appendix C: Applicant’s Letter
4. Appendix D: Site Plan of Parking Levels P1 and P2 with the Requested Variance Highlighted