Vancouver City Council |
ADMINISTRATIVE REPORT
Date: January 5, 2004
Author/Local: A. Di Nozzi/7329
RTS No. 03822
CC File No. 5753
Meeting Date: January 13, 2004
TO:
Vancouver City Council
FROM:
General Manager of Engineering Services
SUBJECT:
906 Main Street - Proposed Closure of a Portion of the Southerly Side of Prior Street, Easterly of Main Street
RECOMMENDATION
A. THAT Council authorize the Director of Legal Services to sign on behalf of the City, a Reference Plan attested to by Mike E. Shaw, B.C.L.S., on the 19th day of November, 2003, marginally numbered 30492-7 (a reduced copy of which is attached as Appendix "A") defining the horizontal limits of the encroachments onto the southerly side of Prior Street, easterly of Main Street, by the building at 906 Main Street and apply to raise title to the portion of Prior Street defined on the said Reference Plan, in the name of the City of Vancouver.
B. THAT all that volumetric portion of the southerly side of Prior Street, easterly of Main Street, included within the heavy outline and illustrated isometrically on a plan of survey, certified correct on the 2nd day of December, 2003, by Mike E. Shaw, B.C.L.S., and marginally numbered 30492-9 (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 24, District Lot 196, Group 1, New Westminster District, Plan BCP8655, to contain the portions of the existing building which encroach onto Prior 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.
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 24, District Lot 196, Group 1, New Westminster District, Plan BCP8655, to strata title ownership.
If Council approves this report, the Formal Resolution to close this portion of Prior 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 FC-1 Zoning District (East False Creek). The building is on the heritage register and 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 906 Main Street.
BACKGROUND
The subject building presently under renovation in accordance with Development Permit DE407398, is the former Bank of Montreal building. The Development Permit proposes restoration of the existing bank building and construction of a six to nine storey residential building. The Development Permit also proposes retention of encroachments onto the southerly side of Prior 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 Prior Street, dedicated by the deposit of Plan 184, that is encroached upon.
DISCUSSION
On the Prior Street side of Parcel A, Block 24, District Lot 196, Group 1, New Westminster District, Plan BCP8655, the encroachment comprises of the building wall and cornice that encroach a maximum of 1.87 feet (0.57 metres) onto Prior 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 Prior Street, easterly of Main Street, dedicated by the deposit of Plan 184, 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 Parcel A, Block 24, District Lot 196, Group 1, New Westminster District, Plan BCP8655 to strata title ownership is approved by the Approving Officer.
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 906 Main 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 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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