Vancouver City Council |
ADMINISTRATIVE REPORT
Date: November 26, 2002
Author/Local: Alice Yee/7180
RTS No. 3112
CC File No. 5807Council: December 10, 2002
TO:
Vancouver City Council
FROM:
Director of Real Estate Services
SUBJECT:
Approval of Minor Encroachments onto the neighbouring property at 1116 Bute Street, and onto City-owned property at 1122 Bute Street
RECOMMENDATION
A. THAT Council authorize the Director of Legal Services to execute on behalf of the City an Easement to be registered over a portion of the property at 1116 Bute Street, legally described as the North 1/2 of the South 1/2 of Lot 11, Block 23, District Lot 185, Plan 92, owned by Capstone Developments Ltd. (Capstone), to validate the encroachments of portions of the City-owned dwelling constructed on 1110 Bute Street, legally described as the South 1/2 of the North 1/2 of Lot 11, Block 23, District Lot 185, Plan 92, onto 1116 Bute Street.
B. 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 at 1122 Bute Street, legally described as the South 1/4 of Lot 11, Block 23, District Lot 185, Plan 92, to validate the encroachments of portions of the dwelling constructed on 1116 Bute Street, onto 1122 Bute Street.
C. THAT the Easements 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
On June 22, 2000, Council resolved 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:
"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 approval to enter into an easement agreement with Capstone to validate minor encroachments of a City-owned dwelling at 1110 Bute Street onto Capstone's land at 1116 Bute Street, and to validate minor encroachments of the dwelling at 1116 Bute Street over a portion of the City-owned land at 1122 Bute Street, one of the properties that is part of the Mole Hill "Phase II lease".
BACKGROUND
Capstone has applied to the City to upgrade and renovate its property at 1116 Bute Street (Development Application DE406843). During the application process, it was discovered that the roof eaves and gutter of the City-owned property at 1110 Bute Street encroach onto 1116 Bute Street, and in turn, the roof eaves and gutter of the property at 1116 Bute Street encroach onto the City-owned property at 1122 Bute Street.
One of the conditions of the Development Application was for Capstone to have the encroachments validated. Capstone is requesting an easement agreement to validate the encroachments onto the City-owned property at 1122 Bute Street, and in turn, agreed to grant the City an easement agreement to validate the encroachments from the building at 1110 Bute Street, onto its property at 1116 Bute Street.
While examining the plans, it was noted that the roof overhang, eaves and gutter on the side of the building at 1110 Bute Street encroach by a maximum of 10 centimetres (4 inches) onto Capstone's lands at 1116 Bute Street (Appendix A).
It was also noted that the roof overhang, eaves and gutter on the side of the building at 1116 Bute Street encroach by a maximum of 15 centimetres (6 inches) onto the City-owned lands at 1122 Bute Street (Appendix B).
As it would not be practical for the City, or for Capstone, to remove their respective encroachments, we are recommending easement agreements be completed in order to validate the encroachments onto their respective 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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