ADMINISTRATIVE REPORT
Date: November 9, 1995
Dept. File No. 000 541
TO: Vancouver City Council
FROM: General Manager of Engineering Services
SUBJECT: 1080 Mainland - Proposed Closure of a Portion
of Mainland Street and a Portion of the Lane
Southeasterly of Mainland Street, Southwesterly
from Nelson Street
RECOMMENDATION
A. THAT Council authorize the Director of Legal Services to
sign on behalf of the City a Reference Plan (see Appendix A)
defining the horizontal limits of the encroachments onto the
lane by the building at 1080 Mainland Street and apply to
raise title to the portion of lane defined on the said
Reference Plan in the name of the City of Vancouver.
B. THAT all that volumetric portion of Mainland Street (part of
Lot L shown coloured yellow on Plan 4959, Block 76, D.L.
541, Plan 3469) and all that volumetric portion of the lane
southeasterly of Mainland Street, southwesterly from Nelson
Street included within the heavy outlines and illustrated
isometrically on a plan of survey completed on the 27th day
of October 1995, and certified correct by J.J. Ward,
B.C.L.S. and marginally numbered 2112 05928-2, a reduced
copy of which is attached hereto as Appendix B, be closed,
stopped-up, and that an easement be granted to the owner of
abutting Lot A, Block 76, District Lot 541, Plan 20672, to
contain portions of the existing building which encroach
onto Mainland Street and the said lane. The easement to be
for the life of the encroaching portion of the existing
building on said Lot 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 Recommenda-tion B, are to be
in accordance with those charged for in an agreement
prepared pursuant to the Encroachment By-law.
COUNCIL POLICY
The authority for closing and disposing of streets and lanes is set
out in the Vancouver Charter.
The building in question is located in Yaletown, a designated Historic
Area. The parcel of land the building occupies is zoned HA3 (Historic
Area). Permitting the building to remain encroaching onto the street
will help ensure preservation, and is therefore 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 1080 Mainland.
BACKGROUND
Council has approved the strata title conversion of the 5-storey
building at 1080 Mainland Street.
The Registrar of Land Titles has taken the position that to satisfy
the Condominium 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. In this case, the City already has a title
for the portion of Mainland Street that contain the encroachments.
DISCUSSION
On the Mainland Street side of Lot A, Block 76, D.L. 54l, Plan 20672
the facade of the building encroaches a maximum of 0.05 meters (2
inches and there is a cornice at the roof level that encroaches a
maximum of 0.60 metres (2 feet). Along the lane the building facade
encroaches a maximum of 0.10 meters (4 inches) and there is a cornice
at the roof level that encroaches a maximum of 0.70 meters (2 feet 4
inches). A title (that part of Lot L shown coloured yellow on Plan
4959, Block 76, D.L. 541, Plan 3469) exists for the portion of
Mainland Street encroached upon. The said part of Lot L was
established as road by Council Resolution in 1920. The portion of the
lane southeasterly of Mainland Street, southwesterly from Nelson
Street adjacent to said Lot A was dedicated by the deposit of Plan
20128 in 1984. It is necessary to raise a title for the said portion
of lane. This report seeks that authority and Council approval to
close, stop-up, and to authorize registration of a volumetric easement
over a portion of the existing and new titles.
We are recommending that fees and annual rentals be charged as per the
Encroachment By-law. This is consistent with past Council direction.
We will be reporting to Council shortly on a revised schedule of fees
for this type of agreement.
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