A6
ADMINISTRATIVE REPORT
Date: April 9, 1996
Dept. File No. AMH
TO: Vancouver City Council
FROM: Director of Land Use and Development
SUBJECT: Strata Title Conversion: 2216 St. George Street
RECOMMENDATION:
THAT the application to convert the previously-occupied building at
2216 St. George Street (Lot A, Block 101, D.L. 264A, Plan 4930) 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 now underway, to the satisfaction of
the City Building Inspector and in accordance with the
approved plans and permits, and issuance of an Occupancy
Permit, all at no cost to the City, in order that this
building substantially complies with all relevant City
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 outline factors Council will consider when
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 2216 St. George Street (Lot A, Block
101, D.L. 264A, Plan 4930) to strata title ownership.
BACKGROUND
The site is zoned RM-4 and is developed with a municipally category "B"
on the Vancouver Heritage Register. The former two-family dwelling is
currently undergoing extensive alterations to contain four dwelling
units.
Pursuant to Development Permit No. DE216592, this site is also intended
to be developed with a new six-unit multiple dwelling, with one level of
underground parking, which will be compatible with the heritage
building. Council considered and approved the relaxations required to
achieve this form of development in December 1994, when designation of
the heritage building was also considered.
The applicant proposes to create a total of 10 strata lots in the two
buildings. Pursuant to Section 9 of the Condominium Act, Council's
approval is required as it relates to the previously-occupied building
only.
The applicant purchased the building in 1993, based on "vacant
possession". It is unclear from the City's records when the building
was last occupied and the applicant is not aware of any recent
occupation. The building was in significant disrepair when it was
purchased by them. In May, 1994, the building was seriously damaged by
fire. After a lengthy permit process, the current restoration and
renovation work began in June 1995.
The location of the site is shown in Figure No. 1, below.
Figure 1
APPROVAL PROCESS
Although the renovation work on the heritage building is nearing
completion, construction of the new building has yet to begin. As the
survey strata plan cannot be prepared until the new building has been
framed, it will be a significant time before the strata lots in the
heritage building can be sold.
For this reason, the applicant is proposing to register a Phased strata
plan. The Phase 1 plan would contain the units in the heritage building
and, presumably, the funds generated by the sale of those units will be
used to construct the second phase of the development. At the
completion of the new building, a Phase 2 plan would be registered, and
pursuant to the provisions of the Condominium Act, the two phases would
automatically be consolidated and governed by one strata plan and one
strata corporation.
Phased strata plan developments generally consist only of new
construction. Phased strata applications do not require approval by
City Council, but rather are reviewed and approved, or approved subject
to conditions, by the Approving Officer, in a manner similar to the
processing of a conventional subdivision proposal.
In a similar case in the past, the Director of Legal Services advised
that the existence of a previously-occupied building on this site
requires that this application be first considered by City Council, as
the Approving Authority for strata title conversions. If the
application for "conversion" is approved, the Approving Officer will
then be able to consider the Phased strata proposal.
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 development, the Manager of the Housing Centre has not been asked to
comment.
The City Engineer reports that there are no dedication or servicing
requirements for this site. The City Engineer advises, however, that a
bay window on the south side of the heritage building encroaches onto
the lane abutting this site. Registration of a volumetric easement to
contain the encroachment will be required prior to the Phase 1 strata
plan being deposited in the Land Title Office. This requirement will be
addressed in a subsequent report to Council from the City Engineer.
The City Building Inspector reports that once the work now in progress
has been completed in accordance with the approved plans and permits,
and an Occupancy Permit has been issued, the previously-occupied
heritage 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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