ADMINISTRATIVE REPORT

Date: May 29, 2000
Author/Local: GLougheed/7721

RTS No. 1495

CC File No. 5311

Council: June 13, 2000

TO:	Vancouver City Council
FROM:	Subdivision Approving Officer
SUBJECT:	Strata Title Conversion - 283-285 West 17th Avenue

RECOMMENDATION

THAT the application to convert the previously-occupied building at 283-285 West 17th Avenue (Lot A, Block 502, D.L. 526, Plan LMP40206) to strata title ownership be re-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 conditions have been met within one year of the date of this approval:

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

ii) Execution of a covenant pursuant to Section 219 of the Land Title Act, to be registered concurrently with the strata plan and prepared to the satisfaction of the Director of Legal Services, to serve notice on title regarding the uncertainty of future site redevelopment.

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 applicationsfor 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 283-285 West 17^th Avenue (Lot A, Block 502, D.L. 526, Plan LMP40206) to strata title ownership.

BACKGROUND

The site is zoned RS-2 and is developed with a two-storey plus basement two-family dwelling currently undergoing extensive renovations. This is a municipally-designated heritage building, built circa 1910, which is listed as category `C' on the Vancouver Heritage Register. The site is also being developed with a new infill one-family dwelling. The site location is shown below.

MAP HERE.

On March 14, 2000, Council granted approval in principle to an application to convert this building to strata title ownership, subject to completion of all required upgrading work and negotiation, approval by Council and registration of a Heritage Revitalization Agreement (HRA), to provide certainty regarding future site redevelopment

The previous report to Council had recommended that the conversion approval be subject to either completion of the HRA process or execution of a covenant pursuant to Section 219 of the Land Title Act, to serve notice on title regarding the uncertainty of future site redevelopment. The recommendation in that report was intended to be inclusive - i.e. that the owner would be provided with the opportunity of selecting which option to pursue.

In accordance with Building Permit No. BU411009, the extensive interior and exterior alterations to the heritage building are nearing completion. The owner has submitted the strata plan for the site, and the Law Department has been instructed to draft the required covenant.

STAFF ANALYSIS

The recommendation to provide the property owner with the option of executing a restrictive covenant or negotiating a HRA is consistent with previous conversions involving heritage buildings where discretionary zoning relaxations have been granted by the Director of Planning. The property owner has requested, given the lengthy redevelopment process and mounting financial pressure, that the conversion approval be expedited by execution of thecovenant.

CONCLUSION

The matter of future redevelopment uncertainty can be addressed in this instance by way of a covenant giving notice to future purchasers. The extension to the life expectancy of the heritage building, associated with the substantial upgrading requirements, is clearly consistent with established Council policy aimed at preserving existing heritage stock. The opportunity for conversion to strata title provides an additional incentive for the owner to pursue renovation and restoration projects.

Subject to the foregoing, the Subdivision Approving Officer supports this application for re-approval in principle.

* * * * *

(c) 1998 City of Vancouver