TOWNSHIP OF ESQUIMALT STAFF REPORT
MEETING DATE: July 13, 2026 Report No. DEV-26-034
TO: Council
FROM: Jakub Lisowski, Planner
SUBJECT: Proposed strata subdivision of an occupied dwelling into 2 strata lots at 1219/1217 Old Esquimalt Road
RECOMMENDATION:
Recommendation
That Council, acting as the Approving Authority pursuant the Strata Property Act:
1) Approve the proposed strata subdivision of three dwelling units located at 1219/1217 Old Esquimalt Road into 2 strata lots, as indicated on Appendix “A” of Staff Report DEV-26-034; and
2) Designate the Mayor or Acting Mayor the authority to sign all relevant documents on behalf of the Approving Authority.
Body
EXECUTIVE SUMMARY:
A subdivision is proposed for three dwelling units located at 1219/1217 Old Esquimalt Road to be subdivided creating 2 strata lots. One strata lot would contain the original dwelling and a suite while the other strata lot would contain the recently constructed attached dwelling unit.
BACKGROUND:
The applicant is currently completing an addition of a new dwelling unit to an existing dwelling unit with a suite. Once completed, the building will contain three dwelling units and will therefore be subject to the small-scale multi-unit zoning provisions of the Zoning Bylaw, specifically the RSM-2 [Small-Scale Multi-Family Housing Zone]. The applicant wishes to subdivide the new dwelling unit from the old dwelling unit which also contains a suite. Because the old dwelling unit is occupied, Council becomes the subdivision approving authority.
ANALYSIS:
The proposed strata subdivision would create two building strata lots, one containing the original dwelling unit and a suite, and one containing the recently constructed attached dwelling unit. Because the existing dwelling unit has been occupied, Council becomes the subdivision approving authority pursuant to Section 242 (1) of the Strata Property Act. The Act requires that the approving authority must not approve a strata plan unless the building substantially complies with the applicable bylaws of the municipality. To help the approving authority assess whether the proposed building meets these criteria, the owner has submitted a Building Code Report prepared by an architect that provides an outline of Building Code issues related to life safety and health (Appendix “B”). The report concludes that, “…both dwelling units are in general conformance with the British Columbia Building Code except as indicated for ventilation and spatial separation at 1219 Old Esquimalt Road. It is noted that these conditions were non-conforming ahead of the proposed work for construction at 1217 Old Esquimalt Road.” The Township’s Senior Building and Plumbing Official has reviewed the report and concurs that the building at 1219 and 1217 Old Esquimalt Road substantially complies with the Township’s Building Bylaw. The subdivision application was also circulated to other departments - none of them have identified any bylaws that are not substantially complied with.
In addition, in making its decision, the approving authority must consider:
(a) the priority of rental accommodation over privately owned housing in the area,
(b) any proposals for the relocation of persons occupying a residential building,
(c) the life expectancy of the building,
(d) projected major increases in maintenance costs due to the condition of the building, and
(e) any other matters that, in its opinion, are relevant.
The criteria above are meant for large apartment buildings that are converted to strata units and although they legally apply to this application, in reality, the proposed subdivision does not raise any concerns relative to the above considerations. The proposed subdivision is not removing rental accommodation from the market but rather adding a new unit that could be either owner occupied or rented. In addition, because a new dwelling unit is being created, no one is being relocated. Furthermore, given that one of the proposed strata units is a brand-new build, life expectancy of the building is not a concern and likewise neither are maintenance costs due to the condition of the building.
OPTIONS:
Option 1: That Council, acting as the Approving Authority pursuant the Strata Property Act approve the proposed strata subdivision of three dwelling units located at 1219/1217 Old Esquimalt Road into 2 strata lots, as indicated on Appendix “A” of Staff Report DEV-26-034. Furthermore, the Approving Authority designates the Mayor or Acting Mayor the authority to sign all relevant documents on behalf of the Approving Authority.
Option 2: That Council, acting as the Approving Authority pursuant the Strata Property Act does not approve the proposed subdivision of two dwellings located at 1219 Old Esquimalt Road into 2 strata lots, as indicated on Appendix “A” of Staff Report DEV-26-034. This could be achieved by Council receiving the staff report for information.
COUNCIL PRIORITY:
Housing
FINANCIAL IMPACT:
There are no financial impacts.
COMMUNICATIONS/ENGAGEMENT:
There are no statutory requirements for public notification.
TIMELINES & NEXT STEPS:
Subdivision of the existing building concludes the Township’s involvement in this project.
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 - Proposed Subdivision of 1219/1217 Old Esquimalt Road
2. Appendix B - Building Code Report