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CITY OF VANCOUVER Administrative Report |
Date: |
June 28, 2004 | |
Author: |
Karin Turnbull | |
Phone No.: |
873.7156 | |
RTS No.: |
04398 | |
CC File No.: |
5753 | |
Meeting Date: |
July 20, 2004 |
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TO: |
Vancouver City Council |
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FROM: |
General Manager of Engineering Services in consultation with the Director of Real Estate Services |
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SUBJECT: |
Closure of a Portion of Lane Westerly of Bute Street, Northerly from Nelson Street |
RECOMMENDATION
THAT Council close, stop-up and convey all that portion of the lane westerly of Lot D, Block 34, District Lot 185, Plan 5251, as shown hatched on the plan attached hereto as Appendix "A", subject to the conditions as outlined in Appendix "B":
If Council approves this report, the Formal Resolution to close all that portion of lane westerly of Bute Street, northerly from Nelson Street will be before Council later this day for approval.
COUNCIL POLICY
The authority for closing and disposing of streets and lanes is set out in the Vancouver Charter.
PURPOSE
The purpose of this report is to seek Council authority to close, stop-up and convey a portion of lane westerly of Bute Street, northerly from Nelson Street for consolidation with Lot D, Block 34, District Lot 185, Plan 5051 to form a single parcel.
BACKGROUND
The City acquired the said lane by the deposit of Plan 5251 in the Land Title Office on June 22, 1923, being a subdivision of Lot 26, Block 34, District Lot 185, Plan 92. Plan 5251 created Lots A, B, C and D, a 6-foot wide lane west of Lots A, B and C and a 5-foot wide lane west of Lot D.
The lane contains underground sewer services and overhead outside utility Company services. There is an existing roof overhang encroachment from the building to the west on Lot 25, Block 34, District Lot 185, Plan 92, onto the lane. This portion of lane also acts to provide pedestrian passage from the rear of the building on Lot 25 to Nelson Street.
DISCUSSION
The owners of said Lot D at 991-995 Bute Street have submitted a development permit application (DE408214) which proposes alterations to the existing building which include life safety features which could not be included in the City's standard encroachment agreement.
The owners have therefore made an application to purchase the 5-foot portion of the lane to the west of said Lot D for consolidation with Lot D to form a single parcel. The building on Lot D is to be the subject of a Heritage Revitalization Agreement, once approved by Council and registered on the title of Lot D. This will place the building on the Heritage inventory.
The north south lane westerly of Lot D is only 5 feet wide with the remainder to the north, to the lane southerly from Barclay Street being 6 feet wide. The balance of the lane is being utilized by each of the adjacent easterly property owners and is not accessible to the general public. The General Manager of Engineering Services is of the opinion that although this proposed closure would create a "dead end" lane, it is nevertheless supportable.
Engineering Services will require the registration of a statutory right of way to accommodate the existing underground and overhead utility services. The lane currently also serves as public passage for the residents of the building on Lot 25 onto Nelson Street. A further statutory right of way is to be registered over the closed portion of lane to accommodate this pedestrian use. Should the owner of Lot 25 not require this continued use, the right of way will not be required for public passage. The applicant is to provide evidence of the need or lack there-of from the owner of Lot 25.
The eaves of the building on Lot 25 fronting Nelson Street encroach onto the portion of lane to be conveyed. The applicant will be responsible to enter into an agreement with the owners of Lot 25 for this encroachment to exist once the lane portion is consolidated with Lot D. To prevent the release of this agreement by either party, the agreement should contain a clause in favour of the City to prevent its release to the satisfaction of the Director of Legal Services.
The consolidation of the 5 foot lane portion with Lot D will decrease the allowable limiting distance for Lot 25. If any new structure is constructed on Lot 25, it would not be able to take into consideration the benefit of the limiting distance measured from the centre of the 5 foot lane. Assurances will need to be given by the Chief Building Official that the closure of the lane does not cause conflicts with the Building Code, or alternative arrangements to be made to the satisfaction of the Chief Building Official.
The Director of Real Estate Services has negotiated a sale of the 193 square feet (17.93 square metres) of lane as shown hatched on Appendix AA@ for $10,000.00 Plus G.S.T. if applicable.
The Director of Real Estate Services advises that the sale price of $10,000.00 represents fair value, given the site constraints including the Heritage Revalization Agreement, for the 193 square feet (17.93 square metres) of lane to be conveyed. The applicants will be responsible for all costs, plans, documents and Land Title Office fees required to complete the conveyance.
CONCLUSION
The General Manager of Engineering Services in consultation with the Director of Real Estate Services RECOMMENDS approval of the foregoing.
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