ADMINISTRATIVE REPORT

Date: September 12, 2002
Author/Local: A. Di Nozzi/7329

Dept. File No. 000 541
RTS No. 02942

CC File No. 5753

Council: October 1, 2002

TO:	Vancouver City Council
FROM:	General Manager of Engineering Services
SUBJECT:	1275 Hamilton Street - Proposed Closure of a Portion of Homer Street and Hamilton Street

RECOMMENDATION

A. THAT Council authorize the Director of Legal Services to sign on behalf of the City, a Reference Plan attested to by Richard Fu, B.C.L.S., on the 3^rd day of September, 2002, marginally numbered CAD: 6694MS1A, FILE: 6694MS1, defining the horizontal limits of the encroachments onto Homer Street (a reduced copy of which is attached as Appendix "A"), by the building at 1275 Hamilton Street and apply to raise title to the portion of Homer Street defined on the said Reference Plan, in the name of the City of Vancouver.

B. THAT all those volumetric portions of Homer Street and Hamilton Street included within the heavy outline and illustrated isometrically on a plan of survey, certified correct on the 3^rd day of September, 2002, by Richard Fu, B.C.L.S., and marginally numbered CAD: 6694MS1B, FILE: 6694MS1 (a reduced copy of which is attached as Appendix "B"), be closed, stopped-up and that an easement be granted to the owner of abutting Parcel A, Block 76, District Lot 541, Group 1, New Westminster District, Plan LMP48947, to contain the portions of the existing building which encroach onto Homer Street and Hamilton Street. The easement to be for the life of the encroaching portion of the existing building on said Parcel A, and to be to the satisfaction of the Director of Legal Services.

C. THAT the fees for document preparation, registration and use of the easement referred to in Recommendation "B", are to be in accordance with those charged for in an agreement prepared pursuant to the Encroachment By-law.

If Council approves this report, the Formal Resolution to close these portions of Homer Street and Hamilton Street will be before Council later this day for approval.

COUNCIL POLICY

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

The building is located in Yaletown, a designated Historic Area. The parcel of land the building occupies is zoned HA-3 (Yaletown Historic Area). Permitting the building to encroach onto the street is 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 1275 Hamilton Street.

BACKGROUND

The subject property presently under construction in accordance with Development Permit DE 405366, is a six storey mixed-use building. The Development Permit includes construction of encroaching roof cornices. The applicant desires to Strata Title the building in accordance with the Strata Property Act.

The Registrar of Land Titles has taken the position that to satisfy the Strata Property 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. To accomplish this, the volumetric portion of street or lane containing the encroachments must be closed, stopped-up and an easement granted for the volumetric portions of the building that encroach. In this case, the City already has a title for the portion of Hamilton Street that contains encroachments. It will be necessary to raise a title for the portion of Homer Street, dedicated by the deposit of Plan 210, that is encroached upon.

DISCUSSION

On the Homer Street and Hamilton Street sides of Parcel A, Block 76, District Lot 541, Group 1, New Westminster District, Plan LMP48947, there are cornices that encroach a maximumof 0.75 metres ( 29½ inches) on the Homer Street side and a maximum of 0.75 metres ( 29½ inches) on the Hamilton Street side of Parcel A. There is a title, in the name of the City, that exists for the portion of Hamilton Street that is encroached upon. Lot K, except (A) part in Plan 4544, (B) portions coloured yellow on Plan 4959, (C) part in Explanatory Plan 17265, Block 76, District Lot 541, Plan 3469, the property commonly identified as the Yaletown Docks, was established as road by Council Resolution in 1995 and, as such, forms a portion of Hamilton Street. It is necessary to seek Council approval to close, stop-up and to authorize registration of a volumetric easement over a portion of this existing title. In addition, a volumetric easement is required over the portion of Homer Street, dedicated by the deposit of Plan 210, for which Recommendation "A" seeks authority to raise a title to.

We are RECOMMENDING that fees and annual rentals be charged as per the Encroachment By-law. This is consistent with past Council direction.

 

LINK TO APPENDICES A AND B

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(c) 1998 City of Vancouver