ADMINISTRATIVE REPORT

Date: January 8, 1998

Author/Local: M.G. Thomson

B.C.L.S. - 7329

File No. 000 541

CC File No. 5753

TO:	Vancouver City Council
FROM:	General Manager of Engineering Services
SUBJECT:	440 Cambie Street - Proposed Closure of a Portion of: Cambie Street, Northerly from Pender Street; Pender Street, Easterly from Cambie Street and the Lane Northerly of Pender Street, Easterly from Cambie Street

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RECOMMENDATION

A.THAT Council authorize the Director of Legal Services to sign on behalf of the City, a Reference Plan defining the horizontal limits of the encroachments onto Cambie Street, northerly from Pender Street; Pender Street, easterly from Cambie Street, and the lane northerly of Pender Street, easterly from Cambie Street, a reduced copy of which is attached as Appendix "A", by the building at 440 Cambie Street and apply to raise title to the said portions of Cambie Street, Pender Street and the lane northerly of Pender Street, defined on the said Reference Plan in the name of the City of Vancouver.

B.THAT all those volumetric portions of Cambie Street, Pender Street and the lane northerly of Pender Street included in the heavy outlines and illustrated isometrically on a plan of survey, certified correct on the 14th day of October, 1997, by J.J. Ward, B.C.L.S. and marginally numbered 2112 06092-11 (Rev.2), a reduced copy of which is attached hereto as Appendix "B", be closed, stopped-up and that an easement be granted to the owner of abutting Lot C, Block 28, District Lot 541, Plan LMP 35118, to contain the portions of the existing building which encroaches onto Cambie Street, Pender Street and the lane northerly of Pender Street. The easement to be for the life of the encroaching portion of the existing building on said Lot C, and to be to the satisfaction of the Director of Legal Services.

C.THAT the fees for document preparation, registration and use of the easement referred to in Recommendation B, are to be in accordance with those charged for in an agreement prepared pursuant to the Encroachment By-law.

If Council approves this report, the Formal Resolution to close these portions of Cambie Street, Pender Street and the lane northerly of Cambie Street, will be before Council later this day for approval.

COUNCIL POLICY

The authority for closing and disposing of street and lanes is set out in the Vancouver Charter.

The building in question is a municipally designated heritage building, and is listed as Category "B" on the Vancouver Heritage Register. Permitting the building to remain encroaching onto the street will help ensure preservation, and is therefore consistent with Council’s heritage policy.

PURPOSE

The purpose of this report is to obtain Council authority to grant an easement to contain the encroaching elements of the building located at 440 Cambie Street.

BACKGROUND

On June 3, 1997, Council approved the strata title conversion of the building at 440 Cambie Street.

The Registrar of Land Titles has taken the position that to satisfy the Condominium Act, the strata corporation must have control over the portion of street or lane affected by the building encroachment, for the life of the building. To accomplish this, the volumetric portion of street or lane containing the encroachments must be closed, stopped-up, and an easement granted for the volumetric portions of the building that encroach. The portions of Cambie Street, Pender Street and the lane northerly of Pender Street that abut the subject site were dedicated by the deposit of Plan 210. It will be necessary to raise a title for the portions of City street and lane that are encroached upon.

DISCUSSION

On each of the Cambie Street, Pender Street and the lane northerly of Pender Street sides of Lot C, Block 28, District Lot 541, Plan LMP 35118, there is an (upper) cornice at the roof level that encroaches a maximum of 0.29 metres (11.4 inches). On the Cambie Street and Pender Street frontages, there is also a lower cornice that encroaches a maximum of 0.55 metres (21.6 inches). In addition, there are minor encroachments of the granite facade, window ledges and other minor architectural appurtenances.

It is necessary to seek Council approval to raise a title for the horizontal limits encroached upon (Recommendation A) and Council approval to close, stop-up and to authorize registration of a volumetric easement over the portion of the created title that is encroached upon (Recommendation B).

We are recommending that fees and annual rentals be charged as per the Encroachment By-law (Recommendation C). This is consistent with past Council direction.

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(c) 1997 City of Vancouver