ADMINISTRATIVE REPORT
Date: July 8, 1996
Dept. File No. GL
TO: Vancouver City Council
FROM: Director of Land Use and Development
SUBJECT: Re-approval of Strata Title Conversion -
869-883 East Hastings Street
RECOMMENDATION
THAT the application to convert the premises at 869-883 East
Hastings Street (Lot C, Block 61, D.L. 181, Plan 13940) 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,
and issuance of an Occupancy Permit, 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 which Council will consider
in reviewing applications for converting previously-occupied buildings
to strata title or cooperative ownership.
PURPOSE
Council re-approval is requested for the application to convert the
previously-occupied building at 869-883 East Hastings Street (Lot C,
Block 61, D.L. 181, Plan 13940) to strata title ownership.
BACKGROUND
The site is zoned M-1 and is developed with a three-storey building,
constructed in 1984, consisting of retail uses on the main floor and
offices above. The location of the building is illustrated in Figure 1,
below.
Figure 1
On June 14, 1994, Council granted approval in principle to an
application to convert this building to 21 strata lots, subject to
completion of upgrading work required by the City Building Inspector and
issuance of an Occupancy Permit. That condition was not satisfied, and
pursuant to Council's policy, the approval in principle lapsed on June
14, 1995. In response to a request by the project architect, Council
granted re-approval in principle on July 11, 1995, to be valid for a
further year.
Completion of the required work has been further delayed because there
have been several offers to purchase the building as is. Consultant
work related to building permit issuance halted with each offer since it
appeared the building would be sold. In addition, the work and
documentation required has greatly exceeded initial estimates as
contained in the Department of Permits and Licenses' inspection report
of May 1994, primarily due to the construction of the second floor,
which complicated requirements for loading and seismic restraint.
However, at this time, these issues are almost resolved, and issuance of
a building permit for the required work is imminent. The applicant has
indicated his intent to complete the work within the next year.
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 work. 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 passe.
However, this is not a residential building, where new tenants may have
been introduced without being made aware of the conversion proposal.
Further, given that the applicant submitted an application for a
building permit in March, 1995, and that it is now in process, the City
Building Inspector does not believe that a new strata title conversion
application, requiring payment of a fee and completion of new
inspections, is warranted. All inspections of the necessary work will
be completed under the auspices of the permits which will be issued.
Due to the extensive nature of the renovations which are to be carried
out in the building, the City Building Inspector supports the request
for re-approval, to be valid for a further one-year period.
CONCLUSION
Based on the foregoing, the Director of Land Use and Development
supports this application for re-approval.
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