A6
ADMINISTRATIVE REPORT
Date: June 11, 1996
Dept. File No. GL
TO: Vancouver City Council
FROM: Director of Land Use and Development
SUBJECT: Re-approval of Strata Title Conversion:
1549 Kitchener Street
RECOMMENDATION
THAT the application to convert the previously-occupied building at
1549 Kitchener Street (Lot E, Block 49, D.L. 264A, Plan 17068) to
strata title ownership be re-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
re-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 outline factors Council will consider in
reviewing applications for converting previously-occupied buildings to
strata title or cooperative ownership.
PURPOSE
Council's re-approval is requested for the application to convert the
previously-occupied building at 1549 Kitchener Street (Lot E, Block 49,
D.L. 264A, Plan 17068) to strata title ownership.
BACKGROUND
The site is zoned RM-4 and is developed with a three-storey multiple
dwelling, constructed in 1977 in accordance with Development Permit No.
DP78524 and Building Permit No. BP86565. The building contains 47
dwelling units. The location of the site is illustrated in Figure 1
below.
Figure 1
PREVIOUS APPROVAL
On April 25, 1995, Council granted approval in principle to an
application to convert this building to strata title ownership. At the
time of the application, all 47 dwelling units were occupied. In
response to the City's notification, 96% of the households indicated
that they supported the application. The Manager of the Housing Centre
reported that he felt that the tenants' interests were being addressed
through the conversion process and as a result, he did not object to the
conversion of the building to strata title.
The City Building Inspector reported that extensive building upgrading,
including installation of a sprinkler system, plumbing, fire and
electrical work, would be required in order for this building to
substantially comply with relevant City by-laws. Council established,
as a condition of receiving final approval, the requirement that all of
this upgrading work be done.
PRESENT SITUATION
The applicant has been unable to complete the required upgrading work
within the one-year time limit prescribed in the Strata Title and
Cooperative Conversion Guidelines, and as a result, Council's approval
in principle has lapsed.
There has been a substantial turnover (approximately 50%) in the tenancy
of the building over the past year. The owner has advised that all new
tenants have been made aware, prior to entering into their tenancy
agreement, that the application for strata title conversion had received
approval in principle. Planning staff have sent copies of the City's
Guidelines and a Tenant Information Brochure to all of the new tenants
to inform them of the process. No objections or comments have been
received.
As noted above, final approval of the strata plan was contingent upon
completion of all upgrading work required to bring the building into
substantial compliance with all relevant City By-laws.
The owners have yet to obtain a building permit for all of the upgrading
work, as they decided to pursue the opportunity to permit construction
of lofts in 16 of the dwelling units, in conjunction with the required
upgrading work. Approval was only possible through their successful
appeal to the Board of Variance. Development Permit No. DE400335 was
issued on October 31, 1995. The related building permit application
(No. BU401571) which covers construction of the lofts, sprinklering and
seismic upgrading, is presently under review. Trades permits will be
required for the remaining work.
STAFF ANALYSIS
The intent in establishing the one-year limit for completion of
Council-imposed conditions was not to necessarily expect that in every
instance, all conditions of approval could be completed within a year.
Rather, the intent was to terminate approvals in principle where
applicants clearly had no plans to proceed toward final approval by
completing the required works. Staff were concerned that either
revisions to relevant City By-laws or the possible introduction of new
tenants who were not aware of the strata title approval in principle,
could make the approval in principle passe.
In the case of 1549 Kitchener Street, the past year has been devoted to
pursuing the permits for the required upgrading work and loft
construction. It is reasonable to believe that this work can be
completed within twelve months and on this basis, the City Building
Inspector supports the recommendation that this re-approval be valid for
a further one year period.
Although there has been a significant change in the occupancy of the
building since Council first considered this application for strata
title conversion, no objections to this proposed re-approval have been
received from new tenants. On this basis, the Manager of the Housing
Centre does not object to the re-approval of this application.
CONCLUSION
Based on the foregoing, the Director of Land Use and Development
supports the application for re-approval in principle and recommends
that a further one year limit be imposed.
* * *