ADMINISTRATIVE REPORT

Date: December 21, 1999
Author/Local: MG Thomson/7329
RTS No. 1181
CC File No. 5753

Council: January 11, 2000

TO:	Vancouver City Council
FROM:	General Manager of Engineering Services
SUBJECT:	1072 Hamilton Street - Proposed Closure of a Portion of Hamilton Street and Mainland Street

RECOMMENDATION

A. THAT all volumetric portions of Hamilton Street (part of Lot K shown yellow on Plan 4959) and all that volumetric portion of Mainland Street (Lot L, Plan 3469) included within the heavy outlines and illustrated isometrically on a plan of survey, completed on the 20th day of December, 1999, attested to by Richard Fu, B.C.L.S., and marginally numbered 6656-EZ1, 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 Parcel G, Block 76, District Lot 541, Plan LMP 40210 to contain the portions of the existing building which encroach onto Hamilton Street and Mainland Street. The easement to be for the life of the encroaching portion of the existing building on said Parcel G, 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 an agreement prepared pursuant to the Encroachment By-Law.

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, therefore, consistent 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 1072 Hamilton Street.

BACKGROUND

Earlier today, Council dealt with the strata title conversion of the 6-storey building at 1072 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. Since November, 1994, the method to do this has been that the volumetric portion of street or lane containing the encroachments must be closed, stopped-up, a title raised to it in the name of the City, and an easement granted for the volumetric portions of the building that encroach. In this case, the City already has titles for the portions of Hamilton Street and Mainland Street that contain the encroachments.

DISCUSSION

On the Hamilton Street side of Parcel G, Block 76, District Lot 541, Plan LMP 40210, there is a cornice at the 5th floor level that encroaches a maximum of 0.61metres (24 inches). A title already exists, in the name of the City, for this portion of Hamilton Street. That part of Lot K, shown coloured yellow on Plan 4959, Block 76, District Lot 541, Plan 3469, was established as road by Council Resolution in 1920 and, as such, forms a portion of Hamilton Street. On the Mainland Street side of Parcel G, the facade of the building encroaches from the ground to the roof, a maximum of 0.10 metres (4 inches). A title already exists in the name of the City for this portion of Mainland Street. Lot L, Block 76, District Lot 541, Plan 3469, the property commonly identified as the Yaletown Docks, was established as road by

Council Resolution in 1993 and, as such, forms a portion of Mainland Street. As titles already exist, 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 titles.

CONCLUSION

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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Appendix A on file in the City Clerk's Office

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