ADMINISTRATIVE REPORT
Date: January 25, 1996
Dept. File No. GL
TO: Vancouver City Council
FROM: Director of Land Use and Development
SUBJECT: Strata Title Conversion - 1831-1839 West 14th Avenue
RECOMMENDATION
THAT the application to convert the previously-occupied building at
1831-1839 West 14th Avenue (Now Strata Lots 1 to 5, D.L. 526,
Strata Plan VR2225) to strata title ownership be approved in
principle, but that pursuant to Section 9(1) of the Condominium
Act, the Certificate of Approval (Form 10) shall not be issued
unless the following condition has been met within one year of the
date of this approval:
Completion of all work required by the City Building
Inspector, under the required permits, at no cost to the City,
in order that this previously-occupied building substantially
complies with all relevant by-laws.
GENERAL MANAGER'S COMMENTS
The General Manager of Community Services RECOMMENDS approval of
the foregoing.
COUNCIL POLICY
Council policy is reflected in the City's Strata Title and Cooperative
Conversion Guidelines, which outlines factors which Council will
consider in reviewing applications for converting previously-occupied
buildings to strata title or cooperative ownership.
PURPOSE
Council approval is required for an application to convert the
previously-occupied building at 1831-1839 West 14th Avenue (Now Strata
Lots 1 to 5, D.L. 526, Strata Plan VR2225) to strata title ownership.
BACKGROUND
The site is zoned RT-8 and is developed with a multiple conversion
dwelling containing five dwelling units. The building was converted to
strata title ownership in July, 1988, following approval "in principle"
by Council in January of that year.
The strata plan was registered at the Land Title Office, but none of the
strata lots have ever been sold. All five units remain tenant occupied
and under a single ownership.
Laundry facilities serving all of the units of this building are
contained in the basement and are designated as Common Property (CP) on
the strata plan. In 1995, the owner decided to renovate the building to
provide laundry facilities within each strata lot. He further wanted to
divide the current laundry area (CP) between the two existing strata
lots on the basement level.
The Condominium Act does not, however, allow for an amendment to the
existing strata plan in order to convert Common Property into strata
lots. Therefore, the owner must proceed with a "deemed destruction of
the building" to extinguish the current strata plan, and subsequently
file a new strata plan containing the revised strata lot configurations.
In a recent case, the Supreme Court of B.C. decided that, as there is a
moment in time between the extinguishment and the deposit of the new
plan where no strata plan will be in place, this process amounts to a
"conversion into strata lots of a previously-occupied building", and is
therefore subject to the provisions of Section 9 of the Condominium Act
(i.e., approval by Council as the approving authority).
As noted above, the building is presently operated as a rental property,
and is fully occupied. Each of the tenants has signed a Tenant Response
Form indicating their support for the proposed "conversion", in
accordance with Council's Strata Title and Cooperative Conversion
Guidelines. In addition, the City Building Inspector has carried out
inspections of the building.
The building is presently undergoing the renovations necessary to
provide the separate laundry facilities for each strata lot, in
accordance with Building Permit No. BU401365.
The site location is shown below in Figure 1:
Figure 1
STAFF ANALYSIS
In addition to Planning Department staff, the City Engineer and the City
Building Inspector have reviewed this application. Given the nature of
the application, the Manager of the Housing Centre has not been asked to
comment.
The City Engineer has no dedication or servicing requirements for this
site.
The City Building Inspector reports that in addition to the renovation
work directly related to the laundry facility relocations, several other
matters must be addressed before this building will substantially comply
with all relevant City by-laws.
CONCLUSION
Based on the foregoing, and on the applicant's compliance with the
City's Strata Title and Cooperative Conversion Guidelines, the Director
of Land Use and Development supports this application.
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