Vancouver City Council |
ADMINISTRATIVE REPORT
Date: November 25, 2002
Author/Local: A. Di Nozzi/7329
RTS No. 03094
CC File No.5753Council: December 10, 2002
TO:
Vancouver City Council
FROM:
General Manager of Engineering Services
SUBJECT:
345 Water Street - Proposed Closure of a Portion of the Northerly Side of Water Street, Westerly of Cambie Street
RECOMMENDATION
A. THAT Council authorize the Director of Legal Services to sign on behalf of the City, a Reference Plan attested to by William P. Wong, B.C.L.S., on the 6th day of November, 2002, marginally numbered V-02-13005-REF-1 (a reduced copy of which is attached as Appendix "A") defining the horizontal limits of the encroachments onto the northerly side of Water Street, westerly of Cambie Street, by the building at 345 Water Street and apply to raise title to the portion of Water Street defined on the said Reference Plan, in the name of the City of Vancouver.
B. THAT all that volumetric portion of the northerly side of Water Street, westerly of Cambie Street, included within the heavy outline and illustrated isometrically on a plan of survey, certified correct on the 6th day of November, 2002, by William P. Wong, B.C.L.S., and marginally numbered V-02-13005-SRW (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 Lot C, Block 8, District Lot 541, Group 1, New Westminster District, Plan BCP1680, to contain the portions of the existing building which encroach onto Water Street. The easement to be for the life of the encroaching portion of the existing building on said Lot C, 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.
D. THAT the authorities granted in Recommendations "A", "B" and "C" be subject to the Approving Officer granting approval of the application to convert the previously occupied building situated on Lot C, Block 8, District Lot 541, Group 1, New Westminster District, Plan BCP1680, to strata title ownership.
If Council approves this report, the Formal Resolution to close this portion of Water 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 Gastown, a designated Historic Area. The parcel of land the building occupies is zoned HA-2 (Gastown 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 345 Water Street.
BACKGROUND
The subject property presently under renovation in accordance with Development Permit DE406714, is a five-storey mixed-use building. The Development Permit proposes retention of encroachments onto Water Street. 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. It will be necessary to raise a title for the portion of Water Street, dedicated by the deposit of Plan 210, that is encroached upon.
DISCUSSION
On the Water Street side of Lot C, Block 8, District Lot 541, Group 1, New Westminster District, Plan BCP1680, there are cornices and granite facing that encroach a maximum of 0.23 metres (9 inches) onto Water Street. It is necessary to seek Council approval to close, stop-up and to authorize registration of a volumetric easement over a portion of the northerly side of Water Street, westerly of Cambie Street, dedicated by the deposit of Plan 210, for which Recommendation "A" seeks authority to raise a title to. The closing, stopping-up and registration of said volumetric easement is subject to the condition that the application to convert the previously occupied building situated on Lot C, Block 8, District Lot 541, Group 1, New Westminster District, Plan BCP1680, to strata title ownership is approved by the Approving Officer.
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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