Vancouver City Council |
ADMINISTRATIVE REPORT
Date: April 14, 2003
Author/Local: K. Turnbull/7156
RTS No. 03333
CC File No. 5753
Meeting Date: May 13, 2003
TO:
Vancouver City Council
FROM:
General Manager of Engineering Services
SUBJECT:
911 Denman Street - Proposed Closure of a Portion of the West Side of Denman Street Northerly of Barclay Street and a Portion of the Lane Northerly of Barclay Street Westerly from Denman 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 11th day of March, 2003, numbered V-03-13805-REFERENCE-2, (a reduced copy of which is attached as Appendix "A") defining the horizontal limits of the encroachments onto Denman Street, northerly of Barclay Street and onto the lane northerly of Barclay Street westerly from Denman Street, by the building at 911 Denman Street and apply to raise titles to the portions of Denman Street and the said lane defined on the said Reference Plan, in the name of the City of Vancouver.
B. THAT all those volumetric portions of Denman Street and all those volumetric portions of the said lane included within the heavy outline and illustrated isometrically on a plan of survey, certified correct on the 11th day of March, 2003, by William P. Wong, B.C.L.S., and marginally numbered V-03-13805-AS (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 67, District Lot 185, Group 1, New Westminster District, Plan BCP4527, to contain the portions of the existing building which encroach onto Denman Street and the lane westerly of Denman Street. The easement to be for the life of the encroaching portions 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.
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 Parcel A, Block 67, District Lot 185, Group 1, New Westminster District, Plan BCP4527, to strata title ownership.
If Council approves this report, the Formal Resolution to close this portion of Denman Street and the portion of lane northerly of Barclay 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 the West End . The building is on the heritage register and permitting the building to encroach onto the street and the lane 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 911 Denman Street.
BACKGROUND
The subject property presently under renovation in accordance with Development Permit DE402324, is a two-storey commercial building. The Development Permit proposes retention of encroachments onto the west side of Denman Street northerly of Barclay Street and onto the lane northerly of Barclay Street, westerly from Denman 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 titles for the portion of Denman Street and the portion of lane, both dedicated by the deposit of Plan 92, that is encroached upon.
DISCUSSION
On the Denman Street side of Parcel A, Block 67, District Lot 185, Group 1, New Westminster District, Plan BCP4527, there are three bay windows that encroach a maximum of 0.60 metres (1.97 feet) onto Denman Street and the building encroaches a maximum of 0.10 metres (4 inches) onto the lane northerly of Barclay 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 westerly side of Denman Street, northerly of Barclay Street and a portion of the lane northerly of Barclay Street westerly from Denman Street, both dedicated by the deposit of Plan 92, for which Recommendation "A" seeks authority to raise titles 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 Parcel A, Block 67, District Lot 185, Group 1, New Westminster District, Plan BCP4572, to strata title ownership is approved by the Approving Officer.
As the three bay windows are habitable area it is necessary that the area of the volumetric easement not become part of any Strata Lot. The encroachments must remain as common property as we are granting an easement and not conveying fee simple.
On January 14, 2003, Council approved an amendment to the Encroachment By-law No. 4243, which eliminates heritage buildings from the fee charged for encroachments. The building at 911 Denman Street is a heritage building and therefore no annual fee will be charged, however the administration and Land Title Office registration fees are still required.
We are therefore 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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