REQUEST FOR DECISION
MEETING DATE: November 17, 2026 Report No. APC-26-025
TO: Advisory Planning Commission
FROM: Kirsten Dafoe, Planner II, and Bill Brown, Director of Development Services
SUBJECT: Development Variance Permit Application - 1211 & 1213 Old Esquimalt Road
RECOMMENDATION:
Recommendation
That the Advisory Planning Commission recommends that Council approve, approve with conditions, or deny the Development Variance Permit application to authorize the proposed patio addition to an existing accessory building, following lot consolidation, at 1211 and 1213 Old Esquimalt Road, with the variance outlined in the “Purpose of Application” section of Staff Report No. APC-26-025, including reasons for the recommendation.
Body
EXECUTIVE SUMMARY:
The applicant proposes to construct a covered patio as an addition to an existing accessory building (garage) located at 1213 Old Esquimalt Road. The garage is a nonconforming use, as it is an accessory building located on a lot with no principal dwelling. The principal dwelling is located on a separate property with the address 1211 Old Esquimalt Road. Because of Local Government Act provisions, the proposed addition can only be authorized following the consolidation of the two lots to change the status of the garage to a permitted accessory use. However, because it would be located in front of the principal building following consolidation, the garage would be nonconforming with respect to required front yard setback in the RS-6 zone.
To allow the proposed addition following the necessary lot consolidation, a variance to the Zoning Bylaw, 1992, No. 2050 is required, as outlined in the “Purpose of Application” section of this staff report. The variance requested is to allow an accessory building in front of the front face of the principal building.
If the development variance permit DVP00194 is approved, the applicant would then be required to complete the process of consolidating the two lots prior to issuance of the permit. Following issuance of the development variance permit, the building permit application for the proposed addition could proceed.
BACKGROUND:
Relevant Policy:
Official Community Plan Bylaw, 2018, No. 2922
Zoning Bylaw, 1992, No. 2050
Parking Bylaw, 2025, No. 3089
Development Application Procedures and Fees Bylaw, 2012, No. 2791
Advisory Planning Commission Bylaw, 2012, No. 2792
Local Government Act
Purpose of Application:
The applicant proposes to construct an addition to an existing accessory building (garage) located at 1213 Old Esquimalt Road. The proposed addition would be an open-sided, covered patio on the south side the building. The garage is currently a nonconforming use, as it is an accessory building located on a lot with no principal dwelling. The principal dwelling is located on a separate property with the address 1211 Old Esquimalt Road.
There are no heritage considerations of relevance to the proposal. The dwelling at 1211 Old Esquimalt Road was constructed c.1909 and is referenced as “Longstone” in the Township’s Community Heritage Register. Records indicate that a garage (“carriage house”) was constructed in a sympathetic style in 1937 and that the subdivision that created 1211 and 1213 Old Esquimalt Road as separate properties occurred in 1941. Though the principal dwelling is included in the Community Heritage Register, it is not designated by bylaw as a Heritage Property under the Heritage Conservation Act. Furthermore, the garage itself is not considered as heritage significant.
Subsection 531(1) of the Local Government Act states that: “a structural alteration or addition must not be made in or to a building while a non-conforming use is continued in any part of it.” Because of this provision, the proposed addition can only be authorized following the consolidation of the two lots to change the status of the garage to a permitted accessory use. However, because it would be located in front of the front face of the principal building following consolidation, the garage would not comply with accessory building front setback requirements of the RS-6 zone.
To allow the proposed addition following the necessary lot consolidation of 1211 and 1213 Old Esquimalt Road, the following variance is required:
• Section 37.2(9)(c)(i) - Accessory Building Front Setback: to allow an Accessory Building to be located in front of the front face of the Principal Building.
If the development variance permit DVP00194 is approved, the applicant would then be required to complete the process of consolidating the two lots prior to issuance of the permit. Following issuance of the development variance permit, the building permit application for the proposed addition could proceed.
Application Timeline:
October 7, 2026 - Application DVP00194 submitted
Context:
Applicant: Ronald W. Calderwood
Legal Descriptions:
1211 Old Esquimalt Road: Lot 2, Section 11, Esquimalt District, Plan 16646
1213 Old Esquimalt Road: Lot 1, Section 11, Esquimalt District, Plan 16646
Lot Area: 1,897 square meters (1211 Old Esquimalt Road); 673 square meters (1213 Old Esquimalt Road)
OCP Present Land Use Designation: Low Density Residential
OCP Proposed Land Use Designation: Low Density Residential
Existing Land Use: Single-Family Residential (1211 Old Esquimalt Road); Accessory Building (1213 Old Esquimalt Road)
Surrounding Land Uses:
North: Single Family Residential
South: Single Family Residential
East: Single Family Residential
West: Single Family Residential
Zone Designation: Single Family DADU Residential [RS-6]
Referral Comments:
The proposed development was circulated to Building Inspection and Engineering Services. Building Inspection notes that there is a Stop Work order on the property related to the proposed addition, and that the owner would need to obtain a building permit for the work before the order can be removed. At the time of writing, no response from Engineering Services has been received.
ANALYSIS:
OCP Analysis:
The proposed development is consistent with the Official Community Plan’s Land Use Designation of Low Density Residential. The proposed development consists of lot consolidation and an addition to an existing accessory building. No Development Permit is required for the proposal.
Section 5.2 Low Density Residential Redevelopment and Small-Scale Multi-Unit Housing states an objective to strive for redevelopment and infill development that improves and enhances the appearance and livability of neighbourhoods and the community as a whole.
Zoning Analysis:
Following consolidation of the two lots, the garage would be an accessory building located in front of the front face of the principal building. This does not comply with the accessory building front setback requirements. The proposed addition will create a further infringement of this requirement.
Density, Lot Coverage, Height, and Setbacks: except with respect to the front setback variance as outlined in this report, the proposed development will be consistent with the Zoning Bylaw’s RS-6 zone provisions once lot consolidation occurs.
Parking Analysis:
A single-family dwelling requires one parking space. 1211 Old Esquimalt Road currently exceeds this requirement due to the large driveway area. Neither the lot consolidation nor the proposed addition will reduce the availability of parking on the site.
OPTIONS:
1) That the Advisory Planning Commission recommends that Council approve the Development Variance Permit application to authorize the proposed patio addition to an existing accessory building, following lot consolidation, at 1211 and 1213 Old Esquimalt Road, with the variance outlined in the “Purpose of Application” section of Staff Report No. APC-26-025, including reasons for the recommendation.
2) That the Advisory Planning Commission recommends that Council approve with conditions the Development Variance Permit application to authorize the proposed patio addition to an existing accessory building, following lot consolidation, at 1211 and 1213 Old Esquimalt Road, with the variance outlined in the “Purpose of Application” section of Staff Report No. APC-26-025, including reasons for the recommendation.
3) That the Advisory Planning Commission recommends that Council deny the Development Variance Permit application to authorize the proposed patio addition to an existing accessory building, following lot consolidation, at 1211 and 1213 Old Esquimalt Road, with the variance outlined in the “Purpose of Application” section of Staff Report No. APC-26-025, including reasons for the recommendation.
COUNCIL PRIORITY:
Housing
REPORT REVIEWED BY:
1. James Davison, Manager of Planning, Reviewed
2. Bill Brown, Director of Development Services, Reviewed
3. Victoria McKean, Committee Coordinator, Concurrence
LIST OF ATTACHMENTS:
1. Aerial Image
2. Applicant’s Rationale Letter
3. BCLS Surveyor’s Site Plan
4. Building Plans