Staff Report to Council: SUB22-0039 - Strata Title of Previously Occupied Duplex at 3193 & 3195 Glen Lake Road

BACKGROUND

Bashir and Nazli Qureshi have applied to strata title the previously occupied existing duplex at 3193 & 3195 Glen Lake Road shown in Figure 1 below.

The subject property is located at the corner of Glen Lake Road and Monnington Place, as shown in Figure 2 below.

When a building is strata titled the building is subdivided in accordance with the Strata Property Act. It changes the ownership structure from a building with multiple units owned under one title, to individually owned strata titled units. If the strata plan is approved and title is raised to each unit, they can be sold separately to multiple owners who form the new strata.

COMMENTARY

The Strata Property Act s.242 requires a person wishing to stratify a previously occupied building to submit the plan to the approving authority. Council is the approving authority in Langford for this type of application. The approving authority may approve the strata plan, approve the plan with conditions, or refuse to approve the plan. It should be noted that the approving authority’s decision cannot be appealed.

The Act states that Council must not approve the strata plan unless the building substantially complies with the applicable municipal bylaws and the building regulations as defined by the Building Act. Council must also 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.

As per the above noted items, staff and the applicant have compiled the following information for Council’s consideration:

Substantial Compliance

The applicant engaged a registered architect, Edward Williams AIBC, MRAIC, to oversee upgrades to the building and prepare a code compliance report; see attached Glen Lake Road Strata Compliance Report – July 2023. Upgrades to the building have been completed through Building Permit BLD23-0190. The report states the residential units comply with the BC Building Code. The Planning Department has confirmed the lot dimensions meet the requirements of the R2 Zone for a duplex. No additional recommendations have been made.

Rental Accommodations

This duplex is currently vacant and is not part of the rental stock in the area. There are rental units, one and two-bedroom apartments, that are available for rent at Glen Valley Grove located 150m from the subject property.

Relocation of Occupants

This duplex is currently vacant, there is no need to relocate any persons occupying the building.

Building Life Expectancy

The Architects report indicates that the life expectancy of the building will far exceed ten years.

Projected Building Maintenance Costs

This duplex has recently been renovated to update the interior and exterior per code requirements. Further, the roof was replaced three years ago. Staff are not aware of any projected major increases due to the condition of the building.

Other Matters

Frontage improvements on Glen Lake Road were completed in 2022 as part of the Sooke Road Intersection at Glen Lake Road project. The Engineering Department has noted that the property has three driveways, shown as Figure 3 – Monnington Frontage, contrary to Traffic Bylaw No. 33 and has requested the additional driveway on Monnington Place be removed prior to the approval of the building strata plan.

FINANCIAL IMPLICATIONS

All costs associated with the proposed strata-title conversion will be the responsibility of the applicant.

LEGAL IMPLICATIONS

Approval of the building strata plan will be subject to the removal of the third driveway located on Monnington Place.

OPTIONS

Option 1

THAT Council endorse the proposed strata titling of the previously occupied duplex at 3193 & 3195 Glen Lake Road, legally known as PID 000-407-135; LOT 10, SECTION 83, ESQUIMALT DISTRICT, PLAN 27757, subject to the removal of the third driveway located on Monnington Place.

OR Option 2

THAT Council take no action at this time with respect to the proposed strata titling of 3193 & 3195 Glen Lake Road, legally known as PID 000-407-135; LOT 10, SECTION 83, ESQUIMALT DISTRICT, PLAN 27757.

SUBMITTED BY

James Oliver, Senior Land Development Technologist

Concurrence

• Leah Stohmann, MCIP, RPP, Deputy Director of Planning
• Donna Petrie, Senior Manager of Business Development and Events
• Yari Nielsen, Director of Parks, Recreation and Facilities
• Matthew Baldwin, MCIP, RPP, Director of Planning and Subdivision
• Katelyn Balzer, P.Eng., Director of Engineering and Public Works
• Michael Dillabaugh, CPA, CA, Director of Finance
• Marie Watmough, Deputy Director of Corporate Services
• Braden Hutchins, Director of Corporate Services
• Darren Kiedyk, Chief Administrative Officer

Attachment

Glen Lake Road Strata Compliance Report – July 2023