REQUEST FOR DECISION
DATE: October 17, 2017 Report No. DEV-17-060
TO: Laurie Hurst, Chief Administrative Officer
FROM: Bill Brown, Director of Development Services
SUBJECT:
Title
Proposed subdivision of existing building strata lot into three building strata lots, 744 Fairview Road
End
RECOMMENDATION:
Recommendation
That Council, acting as the Approving Authority pursuant to Section 242 (1) (a) of the Strata Property Act, approve the proposed stratification of Strata Lot 5, Section 10, Esquimalt District, Strata Plan VIS2853, together with an interest in the common property in proportion to the unit entitlement of the strata lot as shown on Form 1, into three new strata lots, namely strata lots 15, 16, and 17 (Schedule B) without conditions pursuant to Section 242 (3) (a) of the Strata Property Act.
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RELEVANT POLICY:
Strata Property Act
Official Community Plan, 2006, No. 2646
Zoning Bylaw, 1992, No. 2050
Parking Bylaw, 1992, No. 2011
STRATEGIC RELEVANCE:
The proposed subdivision does not support any of Council’s strategic priorities.
BACKGROUND:
Address: 744 Fairview Road
PID: 018-375-618
Legal Description: Strata Lot 5, Section 10, Esquimalt District, Strata Plan VIS2853, together with an interest in the common property in proportion to the unit entitlement of the strata lot as shown on Form 1.
Official Community Plan Designation: Industrial
Zoning: Light Industrial [I-1]
Current Use: Warehouse
Land Use (east) Industrial
Land Use (west) Residential
Land Use (north) Industrial
Land Use (south) Industrial
Proposed Use: Warehouse and Recreational vehicle servicing and repair
Schedule “A” Key Map
Schedule “B” Plan of Subdivision
Schedule “C” Letter from Jack James Architect
The existing strata lot contains 4 individual warehouse units. The owner has received an offer to purchase one of the warehouse units and requires the property to be subdivided in order to sell the unit. The purchaser intends to start a new business out of the location by converting Mercedes Sprinter vans into campers. The proposed subdivision would create three strata lots (Schedule “B”). Strata lot 15 would be sold. Strata lots 16 and 17 would remain under the current ownership.
As the building is currently occupied, the subdivision has to be approved by the “approving authority” pursuant to Section 242 of the Strata Property Act. Section 242 (1)(a) defines “approving authority” as “the municipal council of the municipality if the land is located in a municipality”.
Pursuant to Section 242(5)(a) of the Strata Property Act, “The approving authority must not approve the strata plan unless the building substantially complies with the following: the applicable bylaws of the municipality or regional district and the building regulations within the meaning of the Building Act”. Staff have reviewed the application and have not identified any bylaws that the proposal does not comply with. In addition, staff have secured a letter from an architect stating that the building complies with the Building Code (Schedule “C”).
Section 242(6) of the Strata Property Act sets out five things that the “approving authority” must consider in making its decision:
1) The priority of rental accommodation over privately owned housing in the area.
The current uses are non-residential so no rental accommodation would be removed from the rental stock.
2) Any proposals for the relocation of persons occupying a residential building.
The subject building is an industrial building.
3) The life expectancy of the building.
The building is in very good condition and is expected to last many more years.
4) Projected major increases in maintenance costs due to the condition of the building.
There are no projected major increases in maintenance costs due to the condition of the building.
5) Any other matters that, in its opinion, are relevant.
Staff have not identified any other relevant matters.
ISSUES:
1. Rationale for Selected Option
The proposed subdivision would help facilitate the establishment of a new and innovative business in Esquimalt.
2. Organizational Implications
There are no significant organizational implications.
2. Financial Implications
There are no significant financial implications.
3. Sustainability & Environmental Implications
There are no significant sustainability and environmental implications.
4. Communication & Engagement
There are no statutory requirements for communication and engagement.
ALTERNATIVES:
1) That Council, acting as the Approving Authority pursuant to Section 242(1)(a) of the Strata Property Act, “approve” the proposed stratification of Strata Lot 5, Section 10, Esquimalt District, Strata Plan VIS2853, together with an interest in the common property in proportion to the unit entitlement of the strata lot as shown on Form 1, into three new strata lots, namely strata lots 15, 16, and 17 (Schedule B) without conditions pursuant to Section 242 (3) (a) of the Strata Property Act.
2) That Council, acting as the Approving Authority pursuant to Section 242(1)(a) of the Strata Property Act, “refuse to approve” the proposed stratification of Strata Lot 5, Section 10, Esquimalt District, Strata Plan VIS2853, together with an interest in the common property in proportion to the unit entitlement of the strata lot as shown on Form 1, into three new strata lots, namely strata lots 15, 16, and 17 (Schedule B) without conditions pursuant to Section 242 (3) (b) of the Strata Property Act.