ADMINISTRATIVE REPORT

Date: October 5, 1998
Author/Local: AGuichon/7721
RTS-106 CC File No. 5311

TO:	Vancouver City Council
FROM:	Subdivision and Strata Title Coordinator
SUBJECT:	Approval of Strata Title Conversion: 2818-2828 West 3rd Avenue

RECOMMENDATION

THAT the application to convert the previously-occupied building at 2818-2828 West 3rd Avenue (Lot 4 of 3, Block 28, D.L. 192, Plan 1661) 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 six months of the date of this approval:

Execution of a Section 219 Covenant, to be registered concurrently with the strata plan, prepared to the satisfaction of the Director of Legal Services, to serve as notice on title regarding the uncertainty of 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 that Council will consider when reviewing applications for converting previously-occupied buildings to strata title or cooperative ownership.

PURPOSE

Council approval is requested for an application to convert the previously-occupied building at 2818-2828 West 3rd Avenue (Lot 4 of 3, Block 28, D.L. 192, Plan 1661) to strata title ownership.

BACKGROUND

The site is zoned RT-8 and is developed with a former one-family dwelling, which has undergone extensive exterior and interior alterations to convert it to a three-unit multiple conversion dwelling pursuant to Development Permit No. DE401510 and Building Permit No. BU404714. The building was originally constructed circa 1911, but is not listed on the Vancouver Heritage Register. The building has been unoccupied since January 31, 1997, when the tenants voluntarily vacated the premises after giving the owner notice of their intentions.

The location of the site is shown below.

REDEVELOPMENT OPTIONS

Section 9(2) of the Condominium Act states that Council shall not approve the conversion unless the building substantially complies with applicable City by-laws. In this case, multiple conversion dwellings are a conditionally approved use under the RT-8 District Schedule. If this site were to be redeveloped today, the site area of Lot 4 would only support a two-family dwelling. Further, the existing building is non-conforming with respect to the number of storeys allowable, as well as the front yard and building depth regulations of the District Schedule. Therefore, there is some uncertainty as to whether three dwelling units could be redeveloped under the RT-8 District Schedule, should this building be extensively damaged or destroyed by fire, although the Board of Variance would have jurisdiction.

In 1984, in considering a similar application to convert a 3-unit multiple conversion dwelling in the RS-2 Zoning District, Council opted to approve the conversion subject to a Section 215 (now 219) Covenant being registered against the title of the property, advising prospective purchasers of the uncertainty of redevelopment. Specifically, these individuals may be unaware that, should the building be either damaged or destroyed, there is no guarantee that the building could be rebuilt to create the previously approved number of dwelling units. It is doubtful that the market is cognizant of the redevelopment uncertainty in these situations. Therefore, in this case, a covenant is recommended.

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 three dwelling units, the Manager of the Housing Centre has not been asked to comment.

The City Engineer has no servicing or dedication requirements for this site.

The City Building Inspector reports that all work has been completed in accordance with approved plans and permits, and the building now substantially complies with all City by-laws. An Occupancy Permit was issued on August 24, 1998.

CONCLUSION

Section 9(3) of the Condominium Act states that Council shall consider, in making a decision to convert a building under Section 9 of the Act, any other matters that, in its opinion, are relevant. In this case, the intent of the RT-8 District Schedule is to "encourage the retention and renovation of existing buildings which maintain an architectural style and building form consistent with the historic character of the area". The extension to the life expectancy of this building, associated with the substantial upgrading now completed, is consistent with this intent. The opportunity for conversion to strata title, despite the uncertainty for redevelopment in the future, provides an additional incentive for developers to pursue renovation and restoration of older buildings.

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

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(c) 1998 City of Vancouver