Council Report (Attachment 1): Development Variance Permit 2026-01 - 254 Island Highway

DEVELOPMENT VARIANCE PERMIT 2026-01 – 254 ISLAND HIGHWAY

RECOMMENDATION:

THAT Council, after giving notice, consider the following motion:

THAT Council authorize the issuance of Development Variance Permit 2026-01 for 254 Island Highway in accordance with plans submitted to the Development Services Department on March 9 and 27, 2026, subject to the development meeting, except for the following variances:

1. Reduce the required number of parking spaces from 15 to 4.
2. Reduce the required number of accessible parking spaces from 1 to nil.

ALTERNATIVE OPTIONS:

THAT Council decline Development Variance Permit 2026-01 for 254 Island Highway.

PURPOSE:

The purpose of this report is to introduce Development Variance Permit (DVP) application 2026-01 for 254 Island Highway. The DVP includes two variances, to reduce the required number of parking spaces for an office use.

DEVELOPMENT APPLICATION PROCESS:

Figure 1 below outlines the DVP application process. The red star identifies where the application falls within the process.

BACKGROUND:

The subject property is currently zoned CD-17: Comprehensive Development (254 Island Highway) and is approximately 607.80m² (6,542.31 ft²) in size. The property contains a two-storey commercial building with a floor area of approximately 438.97m² (4,714.59 ft²), which covers approximately 52% of the lot.

The building is considered legally non-conforming to the current zoning from a parking and siting perspective as the building was originally constructed in 1941 and has been added to over time. In 2010, the Town initiated the rezoning of the subject property as part of the Island Highway Improvement Project (IHIP), which further increased the non-conformity of the building’s siting. During the rezoning process, the Town acquired approximately 26.8m² of frontage to allow for smoother, safer turning angles at the intersection of Island Highway and Stormont.

The previous business at the subject property was The Wine Maker, which operated in the building from 1998 to 2025, and prior to the adoption of Zoning Bylaw No. 900, 2014 and current parking regulations. The building is currently vacant.

ANALYSIS:

The applicant is interested in using the building as the location for their head office. The proposed change of use for the property triggers the need for a parking variance. The applicant is requesting the following variances:

• reduce the required number of parking spaces from 15 to 4; and
• reduce the required number of accessible parking spaces from 1 to nil.

The business has been described by the applicant as a small business with a team of five employees. Four to five of the business’ employees are typically coming and going throughout the day due to site visits and meetings, and the majority of client interactions take place off-site at client homes. Since clients rarely come into the office, and subcontractors and trades do not come into the office, according to the applicant, it reduces the demand for parking on-site.

To offset a shortfall in parking, the applicant is proposing to introduce some transportation demand management (TDM) measures, including two EV charging stations, two Class 1 (long-term) and Class 2 (short-term) bicycle parking, which complies with the Zoning Bylaw. Furthermore, the applicant has indicated that they will install end-of-trip facilities, including showers and a change room, in the building for employees. These facilities are not currently shown on the plans in Attachment 2; however, the plans will be updated prior to the Opportunity for Public Comment, and Council’s consideration of DVP approval at a future meeting.

Even though the applicant is proposing to incorporate TDM measures, there are the following concerns regarding the proposed variances and potential impacts on the street parking, which is public parking:

• Stormont Rd has a history of parking-related bylaw complaints on Stormont Rd; evidenced when the previous Wine Maker business occupied the commercial space; and
• As a result, the change of use may increase parking complaints related to on-street parking from visitors in the Stormont neighbourhood.

However, despite these concerns, this application can be supported for the following reasons:

• the proposed office use complies with the CD-17 zone;
• the subject property was developed in the 1940s, with various additions to the building all predating the current zoning bylaw, and as such the building is considered legally non-conforming;
• there are site constraints and no ability to physically add more parking on-site;
• a parking variance would be required for any of the permitted uses listed within CD-17;
  • the proposed use requires the least amount of parking of all the listed permitted uses on the property (Attachment 3);
• the subject property has been siting vacant for more than six months, meaning that even if the previous use (Wine Maker) of the property were to occupy the commercial space again, a parking variance would be required;
• long-term vacant commercial space is not desirable from a safety, economic vitality, and community pride perspective; and
• as noted above, the applicant would install EV and provide Class 1 (secure and weather-protected bicycle parking for employees) and Class 2 (short-term visitor bicycle parking) bicycle parking spaces as well as end of trip facilities (i.e. showers and change rooms) for staff to off-set a shortfall in parking.

Impacts and implications can be summarized as follows:

PUBLIC PARTICIPATION GOAL:

The desired level of public participation for the recommended option is:

[x] Inform [ ] Consult [ ] Involve [ ] Collaborate [ ] Empower [ ] N/A

TIME CRITICAL:

There are no time considerations for the Town.

CONCURRENCE:

REVIEWED BY:

ATTACHMENTS:

1. Applicant’s Letter to Mayor and Council – dated March 28, 2026
2. Plans – Java Designs – March 27 and March 9, 2026
3. Estimated Parking Requirements for CD-17 – 254 Island Highway