ADMINISTRATIVE REPORT
Date: November 7, 1995
Dept. File No.000 541
TO: Vancouver City Council
FROM: General Manager of Engineering Services
SUBJECT: 1178 Hamilton Street - Proposed Closure of a Portion of
Hamilton Street, Mainland Street and Davie Street
RECOMMENDATION
A. THAT all those volumetric portions of Hamilton Street,
Mainland Street and Davie Street included within the heavy
outlines and illustrated isometrically on a plan of survey,
completed on the 11th day of May, 1995, and certified correct
by Johnson Tam, B.C.L.S., and marginally numbered SV-147, a
reduced copy of which is attached hereto as Appendix A, be
closed, stopped-up, and that an easement be granted to the
owner of abutting Lot A, Block 76, District Lot 541, Plan LMP
* , to contain the portions of the existing building which
encroach onto Hamilton Street, Mainland Street and Davie
Street. 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.
B. THAT the fees for document preparation, registration and use
of the easement referred to in Recommendation A, 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.
--------------------------------------------------
* Plan number to be determined after registration.
The building in question is a municipally designated heritage
building. In addition, the building 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 1178 Hamilton Street.
BACKGROUND
Earlier this day, Council approved the strata title conversion of the
5-storey building at 1178 Hamilton 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 titles for
the portions of Hamilton Street, Mainland Street and Davie Street that
contain the encroachments.
DISCUSSION
On the Hamilton Street and Davie Street sides of Lot A, Block 76,
District Lot 541, Plan LMP * , the facade of the building
encroaches from the ground to the roof a maximum of 0.10 metres (4
inches). In addition, there is a cornice at the roof level that
encroaches a maximum of 0.914 metres (36 inches). On the Mainland
Street side of Lot A, there is a cornice at the roof level that
encroaches a maximum of 0.914 metres (36 inches). There are four
titles, in the name of the City, that exist for the portions of
Hamilton Street, Mainland Street and Davie Street, that are encroached
upon. That part
--------------------------------------------------
* Plan number to be determined after registration.
of Lot K shown coloured yellow on Plan 4959, Block 76, D.L. 541, Plan
3469 (Hamilton Street) and Lot E, except part coloured yellow on Plan
4959, Block 76, D.L. 541, Plan 3469 (Davie Street), were established
as road by Council Resolution in 1920. Those portions of Lot L in
Explanatory Plan 17265, Block 76, D.L. 541, Plan 3469 (a small portion
of Mainland Street), was established as road by Council Resolution in
1984. Lot L, except (A) portions in Plans 4544 and 21741 (B) portions
coloured yellow on Plan 4959 (C), part in Explanatory Plan 17265,
Block 76, D.L. 541 Plan 3469, the property commonly identified as the
Yaletown Docks, was established as road by Council Resolution in 1993,
and as such, forms a portion of Mainland Street. As titles already
exist, it is necessary to seek Council approval to close, stop-up, and
to authorize registration of a volumetric easement over a portion of
the existing 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.
* * * * *