ADMINISTRATIVE REPORT

Date: November 22, 2000
Author: M.G. Thomson/7328

RTS No. 01742

CC File No. 5753

Council: December 5, 2000

TO:	Vancouver City Council
FROM:	General Manager of Engineering Services
SUBJECT:	Proposed Closure of a Portion of the East Side of Victoria Drive, South of Charles Street

RECOMMENDATION

THAT Council close, stop-up and convey to the abutting owners all that portion of the east side of Victoria Drive, south of Charles Street as shown hatched on the plan attached hereto as Appendix "A", subject to the following conditions:

1. The conveyance to occur for a nominal sum of Ten Dollars ($10.00) by way of agreement of sale and purchase including a release by the abutting owner of the City on terms and conditions satisfactory to the Director of Legal Services;

2. The portion of Victoria Drive to be closed to be consolidated with the abutting Amended Lot 1 (see 69503I) except: Part Dedicated Road on Plan LMP 46999 of Lot 2, Blocks C and D of Block 136, District Lot 264A, Plans 715 and 1771; and

3. The abutting owner to be responsible for all plans, documents and Land Title Office fees required to complete the conveyance and consolidation.

This report requires eight (8) affirmative votes as the recommended conveyance for a nominal sum is tantamount to a grant.

COUNCIL POLICY

The authority for closing and disposing of street and lanes is set out in the Vancouver Charter.

PURPOSE

The purpose of this report is to seek Council approval to close, stop-up, and convey to the abutting owner for a nominal sum of Ten Dollars ($10.00) a 7 foot wide strip of the east side of Victoria Drive, south of Charles Street.

BACKGROUND

Earlier this year, an application was received under Development Application Number DE404968 to construct a new two-family dwelling on Amended Lot 1 (see 69503I) of Lot 2, Blocks C and D of Block 136, District Lot 264A, Plans 715 and 1771 at 1322 Victoria Drive. A prior-to letter was issued in June, 2000 which sought as a condition of approval the dedication of a small portion of the east side of Amended Lot 1 for lane purposes. The applicant was also supplied with building grades by Engineering Services.

The building grade plan (GF 000016) indicated a future widening along a 7 foot wide strip of Victoria Drive. The dedication of the 7 foot strip was not a condition of the development permit.

When the owner hired a land surveyor to achieve the lane dedication, they supplied a copy of the building grade plan. The legal survey plan was prepared showing dedications in both the lane and along Victoria Drive. On submission to the Approving Officer, the dedication along Victoria Drive was questioned; however, ultimately approved noting it was being done voluntarily and not as a condition of the development permit.

We are now in receipt of a letter from the owners' representative indicating that they misunderstood the City's requirements, and that they proceeded with the 7 foot wide dedication on Victoria Drive solely as a result of the building grade plan. They seek that the subject 7 feet be returned to them.

DISCUSSION

In reviewing this matter, staff have concluded that the dedication along Victoria Drive occurred in error through miscommunication, and it would be reasonable to convey back to the abutting owner the subject 7 foot strip.

We note the City has not achieved any dedications along Victoria Drive in this block, nor the blocks immediately north or south of the subject site.

The abutting owner will be responsible for all plans, documents and Land Title Office fees required to achieve the conveyance.

CONCLUSION

As the dedication of the subject 7 foot strip along Victoria Drive occurred in error and not as a requirement of the development permit, the General Manager of Engineering Services recommends approval of the recommendation.

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(c) 1998 City of Vancouver