Vancouver City Council |
ADMINISTRATIVE REPORT
Date: May 16, 2003
Author/Local: K. Turnbull/7156
RTS No. 03399
CC File No. 5753
Meeting Date: June 10, 2003
TO:
Vancouver City Council
FROM:
General Manager of Engineering Services
SUBJECT:
310 Water Street - Proposed Closure of a Portion of the South Side of Water Street Westerly of Cambie Street and a Portion of the Lane Southerly of Water Street Westerly from 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 28th day of March, 2003, numbered V-03-13177- REF-2, (a reduced copy of which is attached as Appendix "A") defining the horizontal limits of the encroachments onto Water Street, westerly of Cambie Street and onto the lane southerly of Water Street westerly from Cambie Street, by the building at 310 Water Street and apply to raise titles to the portions of Water 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 Water 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 28th day of March, 2003, by William P. Wong, B.C.L.S., and marginally numbered V-03-13177-2 (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 B, Block 10, District Lot 541, Group 1, New Westminster District, Plan LMP54045, to contain the portions of the existing building which encroach onto Water Street and the lane westerly from Cambie Street. The easement to be for the life of the encroaching portions of the existing building on said Parcel B, 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 B, Block 10, District Lot 541, Group 1, New Westminster District, Plan LMP54045, to strata title ownership.
If Council approves this report, the Formal Resolution to close this portion of Water Street and the portion of lane westerly from Cambie 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 HA-2 Zoning District (Gastown Historic Area) . 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 310 Water Street.
BACKGROUND
The subject property presently under renovation in accordance with Development Permit DE406444, is a five-storey commercial/residential building. The Development Permit proposes retention of encroachments onto the south side of Water Street westerly of Cambie Street and onto the lane southerly of Water Street, westerly from Cambie 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 Water Street and the portion of lane, both dedicated by the deposit of Plan 210, that is encroached upon.
DISCUSSION
On the Water Street side of Parcel B, Block 10, District Lot 541, Group 1, New Westminster District, Plan LMP54045 the encroachment comprises of a mid-level and a roof-level cornice encroaching to a maximum of 0.55 metres (1.8 feet) onto Water Street. The building encroaches a maximum of 0.40 metres (1.3 feet) onto the lane westerly from Cambie 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 southerly side of Water Street, westerly from Cambie Street and a portion of the lane southerly of Water Street westerly from Cambie Street, both dedicated by the deposit of Plan 210, 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 B, Block 10, District Lot 541, Group 1, New Westminster District, Plan LMP54045, to strata title ownership is approved by the Approving Officer.
On September 12, 2002, Easement and Indemnity Agreement BT333953, Statutory Right of Way BT333955 and Equitable Charge BT333957 were registered on title of Parcel B. These agreements will be replaced by the volumetric easement sought herein.
On January 14, 2003, Council approved an amendment to the Encroachment By-law No. 4243, which exempts heritage buildings from the fee charged for encroachments. The building at 310 Water 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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