ADMINISTRATIVE REPORT

Date: January 26, 2000
Author/Local: GLougheed/7721
RTS No. 1221
CC File No. 5311

Council: February 15, 2000

TO:	Vancouver City Council
FROM:	Subdivision and Strata Title Coordinator
SUBJECT:	Strata Title Conversion - 2373-2377 West 6th Avenue

RECOMMENDATION

THAT the application to convert the previously-occupied building at 2373-2375 West 6th Avenue (Lot F, Block 262, D.L. 526, Plan LMP40985) to strata title ownership be approved in principle, but that pursuant to Section 9(1) of the Condominium Act, the Certificate of Approval (Form 10) shall not be issued unless the following condition has been met within one year of the date of this approval:

Completion of all work in accordance with the approved plans and permits, and issuance of an Occupancy Permit, all at no cost to the City and to the satisfaction of the City Building Inspector, in order that this previously-occupied building substantially complies with all relevant by-laws.

GENERAL MANAGER’S COMMENTS

The General Manager of Community Services RECOMMENDS approval of the foregoing.

COUNCIL POLICY

Council policy is reflected in the City’s Strata Title and Cooperative Conversion Guidelines, which outline factors which Council will consider in reviewing applications for converting previously-occupied buildings to strata title or cooperative ownership.

PURPOSE

Council approval is required for an application to convert the previously-occupied building at 2373-2375 West 6^th Avenue (Lot F, Block 262, D.L. 526, Plan LMP40985) to strata title ownership.

BACKGROUND

The site is zoned RT-8 and is developed with a three-storey-plus-basement two-family dwelling and a newly constructed infill one-family dwelling. The site is shown below in Figure 1.

Figure 1 on file in the City Clerk’s Office

Exterior and interior alterations to the two-family dwelling are being performed pursuant to Development Permit No. DE403073 and Building Permit No. BU411485. The infill dwelling is being constructed pursuant to Building Permit No. BU411522. Construction on both buildings is nearing completion.

The applicant proposes to create a total of three strata lots in the two buildings. Pursuant to Section 9 of the Condominium Act, Council’s approval is required only as it relates to the previously-occupied two-family dwelling.

City records indicate that the original dwelling was converted to a two-family dwelling in 1937. The owner has indicated in a notarized declaration that he took vacant possession of the building at the time of purchasing the property in February, 1999.

In dealing with similar applications in the past, Council has required a Section 219 Covenant to be registered against the title of the property, giving notice of the potential uncertainty of redevelopment, should the principal building and/or infill building be extensively damaged or destroyed. The covenant is intended to advise prospective purchasers who may be unaware that there is no guarantee the buildings could be rebuilt to create the previously approved number of dwelling units.

With respect to this application, staff have investigated several scenarios regarding the damage or destruction of the principal building, the infill building, or both buildings, and the resulting potential for redevelopment in each circumstance. It has been determined that the only circumstance where redevelopment might be compromised is one in which both the principal and infill buildings were substantially damaged or destroyed. Given that the principal building has been completely updated as part of the process to stratify the building,and as both buildings are now outfitted with sprinklers, the chance that both would be destroyed is remote. Therefore, for this application, staff do not recommend that Council require a covenant on title.

STAFF ANALYSIS

In addition to Planning Department staff, the City Engineer and the City Building Inspector have reviewed this application. As the building contains only two dwelling units, the Manager of the Housing Centre has not been asked to comment.

The City Engineer advises that there are no servicing or dedication requirements for this site.

The City Building Inspector reports that when all work has been completed in accordance with the approved plans and permits, and an Occupancy Permit has been issued, the previously-occupied building will substantially comply with all relevant City by-laws.

CONCLUSION

Based on the foregoing, and on the applicant’s compliance with the City’s Strata Title and Cooperative Conversion Guidelines, the Subdivision and Strata Title Coordinator supports this application.

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(c) 1998 City of Vancouver