ADMINISTRATIVE REPORT

Date: November 15, 2001
Author/Local: Alice Yee/7801

RTS No. 2391

CC File No. 5053

Council: December 4, 2001

TO:	Vancouver City Council
FROM:	Director of Real Estate Services
SUBJECT:	Approval of Minor Encroachments onto City-owned property at 1110 Bute Street

RECOMMENDATION

THAT Council authorize the Director of Legal Services, to execute on behalf of the City, an Easement to be registered over a portion of City-owned land, being the South ½ of the North ½ of Lot 11, Block 23, District Lot 185, Plan 92 at 1110 Bute Street to validate the encroachments of portions of the dwelling constructed on Lot A (see 385509L) of Lot 11, Block 23, District Lot 185, Plan 92 at 1104 Bute Street onto the City-owned land. The Easement to be granted for a nominal fee and to be to the satisfaction of the Directors of Real Estate and Legal Services.

GENERAL MANAGER'S COMMENTS

The General Manager of Corporate Services RECOMMENDS approval of the foregoing.

COUNCIL POLICY

Mole Hill Block Plan

On June 22, 2000, Council resolved unanimously and by the required majority:

"A. THAT Council approve in principle the Mole Hill Block Plan generally as described in the 'Mole Hill Block Plan - Final Draft' by Hotson Bakker and S. R. McEwen Associated Architects dated March 1, 2000 on file in the City Clerk's Office, and as outlined in this report, with report back to Council on implementation details at the appropriate time."

On June 7, 2001, Council resolved unanimously:

"A. THAT Council approve the lease of the 16 Phase II City-owned properties (the "Phase II lease")."

PURPOSE

The purpose of this report is to seek Council's approval to allow two minor encroachments over a portion of the City-owned land at 1110 Bute Street, which is one of the properties that is part of the Mole Hill "Phase II lease".

BACKGROUND

On September 11, 2001, the Owner of Lot A (see 385509L) of Lot 11, Block 23, District Lot 185, Plan 92 at 1104 Bute Street wrote to the City requesting an encroachment agreement to validate the encroachments from the building onto the lane southerly of Comox Street, east of Bute Street.

While examining the plans, it was noted that the side of the building at 1104 Bute Street (Lot A) encroaches by a maximum of 0.2 feet at the rear, and the roof eaves encroach by a maximum of 1.4 feet onto the City-owned land at 1110 Bute Street, legally described as the South ½ of the North ½ of Lot 11, Block 23, District Lot 185, Plan 92 (Appendix A).

1110 Bute will be leased to the Mole Hill Community Housing Society as part of the Mole Hill redevelopment. The house will be restored, and the encroachments from 1104 Bute St. will not interfere with the restoration.

As it would not be practical for the owner of Lot A to remove the encroachments, we are recommending an Easement be granted in order to validate the encroachments onto the City-owned lands.

CONCLUSION

The Director of Real Estate Services is of the opinion that these are minor encroachments, and will have little effect on the future development potential or the value of the City-owned property.

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(c) 1998 City of Vancouver