A1 ADMINISTRATIVE REPORT Date: April 19, 1996 Dept. File No.000 264A TO: Vancouver City Council FROM: General Manager of Engineering Services SUBJECT: Proposed Closure of a Portion of the Lane South of Sixth Avenue, East from St. George Street RECOMMENDATIONS A. THAT Council authorize the Director of Legal Services to sign on behalf of the City, a Reference Plan defining the horizontal limits of the encroachments onto the lane South of Sixth Avenue, East from St. George Street (see Appendix "A") by the building at 2216 to 2218 St. George Street, and apply to raise title to the portions of the said lane defined on the said Reference Plan, in the name of the City of Vancouver. B. THAT all that volumetric portion of the lane South of Sixth Avenue, east from St. George Street included within the heavy outlines and illustrated isometrically on a plan of survey, completed on the 8th day of April, 1996, and certified correct by Johnson C. Tam, B.C.L.S. and marginally numbered SU-946, 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 the abutting Lot J, Block 101, District Lot 264A, Plan LMP 27972, to contain portions of the existing building which encroach onto the said lane. The easement to be for the life of the encroaching portion of the existing building on said Lot J, 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 Recommendation 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 within the Mount Pleasant area, is municipally designated and listed in the "B" evaluation category on the Vancouver Heritage Register. Permitting the building to remain encroaching onto the lane 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 2216 to 2218 St. George Street. BACKGROUND Council, on April 23, 1996, approved the strata title conversion of the building at 2216-2218 St. George Street. As required by the Registrar of Land Titles, the strata corporation must have control over the portion of lane affected by the building encroachment, for the life of the building. To accomplish this, the volumetric portion of lane containing the encroachments must be closed, stopped-up, and an easement granted for the volumetric portions of the building that encroach. Registration of the easement requires that a title be raised for the portion of lane encroached upon. DISCUSSION On the south side of the building constructed on Lot J, Block 101, District Lot 264A, Plan LMP 27972, there is a bay window that encroaches onto the lane a maximum of 0.75 metres, (30 inches). In addition, the eaves encroach a maximum of 0.20 metres, (8 inches). The portion of lane encroached upon was dedicated by the deposit of Plan 4930, in 1920. We note that the bay window would normally be considered to form "habitable" space within the definition of the Condominium Act. The Condominium Act does not allow any portion of a strata lot to be outside the boundaries of the parent parcel. As such, the bay window must be rendered non-habitable space, so that it may form part of the common property of the strata development and then included within a volumetric easement. The applicant has agreed to render the area within the bay window non-habitable. This report seeks Council approval to raise a title as described and to close, stop-up and to authorize registration of a volumetric easement over a portion of the new title. We recommend that fees for document preparation and annual rentals be charged as per the Encroachment By-law. This is consistent with past Council direction. * * * * *