ADMINISTRATIVE REPORT

Date: July 13, 1999
Author/Local: JFranko/7102
RTS No. 00832
CC File No. 5311

Council: July 27, 1999

TO:	Vancouver City Council
FROM:	Subdivision and Strata Title Coordinator
SUBJECT:	Strata Title Conversion - 3763 Oak Street

RECOMMENDATION

THAT the application to convert the previously-occupied building at 3763 Oak Street (Lot 8, Block 62, D.L. 526, Plan 4502) 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 required by the City Building Inspector (under the required permits), and issuance of an Occupancy Permit, all at no cost to the City, in order for this previously-occupied building to substantially comply with all relevant City 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 3763 Oak Street (Lot 8, Block 62, D.L. 526, Plan 4502) to strata title ownership.

BACKGROUND

The site is zoned C-2 and is developed with a three-storey multiple dwelling building containing 12 dwelling units. The site location is shown in Figure 1, below.

Figure 1

The building is owned by a limited company (Oakcrest Apartments Ltd.) and each dwelling unit is assigned to a shareholder (co-owner). There are no rental tenants in the building and each co-owner intends to continue to occupy their units if this conversion to strata title is

approved. The co-owners unanimously support this application to convert to strata title ownership, which they are pursuing on the basis of the future marketability of strata versus cooperative units.

The building was constructed circa 1948, and underwent substantial upgrading in 1989 when the owners were required to vacate the premises to repair damage caused by a fire. Once the repairs and upgrading were completed in accordance with the approved plans and permits, City records indicate the owners moved back in to their respective units.

STAFF ANALYSIS

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 dwellings are a "conditional approval use" in the C-2 District and subject to approval by the Development Permit Board (or the Director of Planning on behalf of the Board). While redevelopment with a similar residential-only use is not guaranteed should this building be destroyed or demolished, Planning staff are of the opinion that the site is suitable for residential use and under current considerations, redevelopment would be supported.

In addition to Planning Department staff, the City Engineer and the City Building Inspector have reviewed this application. As the building is co-operatively owned, and is occupied by the owners, the Manager of the Housing Centre has not been asked to comment.

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

The City Building Inspector reports that building, electrical and fire upgrading will be required to bring the building into substantial compliance with all relevant City By-laws. Building and Electrical Permits will be required for this work, and an Occupancy Permit must be issued.

CONCLUSION

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

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(c) 1998 City of Vancouver