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ADMINISTRATIVE REPORT

Date: July 10, 1997

Dept. File No.000 541

CC File No. 5753

TO: Vancouver City Council

FROM: General Manager of Engineering Services

SUBJECT: 1228 Hamilton Street - Proposed Closure of a

Portion of Hamilton Street, Southwesterly from Davie Street

RECOMMENDATION

A.THAT all that volumetric portion of Hamilton Street included in the heavy outlines and illustrated isometrically on a plan of survey, completed on the 9th day of July, 1996, and certified correct by W.P. Wong, B.C.L.S., and marginally numbered V96-11799.EAS, a reduced copy of which is attached hereto as Appendix A, be closed, stopped-up and that an easement be granted to the owner of abutting Lot O, Block 76, District Lot 541, Plan LMP 3469, to contain the portions of the existing building which encroach onto Hamilton Street. The easement to be for the life of the encroaching portion of the existing building on said Lot O, and to be to the satisfaction of the Director of Legal Services.

B.THAT the fees for document preparation, registration and use of the easement referred to in Recommendation A, 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 this portion of Hamilton 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 located in Yaletown, a designated Historic Area. The parcel of land the building occupies is zoned HA3 (Historic Area). Permitting the building to remain encroaching onto the street will help ensure preservation, and is thereforeconsistent 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 1228 Hamilton Street. BACKGROUND

Earlier this day, Council approved the strata title conversion of the building at 1228 Hamilton 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. In this case, the City already has a title for the portion of Hamilton Street that contains the encroachment.

DISCUSSION

On the Hamilton Street side of Lot O, Block 76, District Lot 541, Plan LMP 3469, the brick facade of the building encroaches from the ground to the roof a maximum of 0.10 metres (4 inches). At the roof level there is an additional brick facade encroachment of 0.25 metres (10 inches). There is a title, in the name of the City, that exists for the portion of Hamilton Street that is encroached upon, being "That part of Lot K shown coloured yellow on Plan 4959, Block 76, D.L. 541, Plan 3469". The subject portion of Hamilton Street was established as road by a Council Resolution in 1920. As a title already exists, it is only necessary to seek Council approval to close, stop-up, and to authorize registration of a volumetric easement over a portion of the existing title.

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

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(c) 1997 City of Vancouver