REQUEST FOR DECISION
DATE: May 11, 2021 Report No. DEV-21-041
TO: Laurie Hurst, Chief Administrative Officer
FROM: Bill Brown, Director of Development Services
SUBJECT:
Title
Proposed subdivision of existing Townhouse, 1052 Tillicum Road, into five building strata lots
End
RECOMMENDATION:
Recommendation
That Council, acting as the Approving Authority pursuant the Strata Property Act, by a resolution of the majority, approve the proposed stratification of the occupied townhouse development configured as one duplex and one triplex located at 1052 Tillicum Road (Lot C, Section 10, Esquimalt District, Plan 11683) (PID 001-863-185) as indicated on Schedule “B” of Staff Report DEV-21-041.
Furthermore, that Council authorize the Mayor and Chief Administrative Officer to execute the Application to Deposit Plan form and any other documents associated with the registration of the approved subdivision.
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RELEVANT POLICY:
Strata Property Act
Official Community Plan Bylaw, 2018, No. 2922
Zoning Bylaw, 1992, No. 2050
Parking Bylaw, 1992, No. 2011
STRATEGIC RELEVANCE:
Strategic Priority - Resilient and Diverse Economic Environment - boost investment in the local economy and promote the growth and diversity of businesses.
BACKGROUND:
Owner: Harbans Johl
Applicant: Harbans Johl
Address: 1052 Tillicum Road
PID: 001-863-185
Legal Description: Lot C, Section 10, Esquimalt District, Plan 11683
Official Community Plan Designation:
Present Low density residential
Proposed Townhouse residential
Zoning: CD 106
Current Use: 5-unit townhouse (duplex and triplex configuration)
Land Use (east) Low density residential
Land Use (west) Low density residential
Land Use (north) 10-unit townhouse
Land Use (south) Low density residential
Proposed Use: No change
Schedule “A” Key Map
Schedule “B” Plan of Subdivision
Application: April 30, 2021
The owner of the property including the five townhouses wishes to stratify the buildings into 5-strata lots, each incorporating one of the five townhouses, so that he can sell each unit. Typically, this would be done before the units were occupied, however, in this case an estate issue arose. For insurance reasons, the units had to be occupied. Once occupied, strata subdivision approval of buildings becomes the responsibility of the Township and Council becomes the Approving Authority.
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 determined that the building substantially complies with applicable bylaws. In addition, 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 proposed subdivision does not remove rental accommodation from the housing stock.
2) Any proposals for the relocation of persons occupying a residential building.
The occupants of the units will become the new owners of the units.
3) The life expectancy of the building.
The buildings are brand new.
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 allow title to be raised for each townhouse unit so that ownership can be transferred to the current occupants.
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 the Strata Property Act, approve the proposed stratification of the occupied townhouse development in the form of one duplex and one triplex located at 1052 Tillicum Road (Lot C, Section 10, Esquimalt District, Plan 11683) (PID 001-863-185) as indicated on Schedule B of staff report DEV-21-041.
Furthermore, that Council authorize the Mayor and Chief Administrative Officer to execute the Application to Deposit Plan form and any other documents associated with the registration of the approved subdivision.
2) That Council, acting as the Approving Authority pursuant to the Strata Property Act, not approve the proposed stratification of the building located at 1052 Tillicum Road (Lot C, Section 10, Esquimalt District. Plan 11683) (PID 001-863-185).