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                             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.


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