A2 ADMINISTRATIVE REPORT Date: August 14, 1996 Dept. File No. GL TO: Vancouver City Council FROM: Director of Land Use and Development SUBJECT: Strata Title Conversion: 638 and 644 Hawks Avenue RECOMMENDATION THAT the application to convert the previously-occupied buildings at 638 and 644 Hawks Avenue (Parcel A, Block 82, D.L. 181, Plan LMP28640) 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 either underway or proposed to be completed, to the satisfaction of the City Building Inspector, in accordance with the approved plans and permits, at no cost to the City, in order that these buildings substantially comply 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 buildings at 638 and 644 Hawks Avenue (Parcel A, Block 82, D.L. 181, Plan LMP28640) to strata title ownership. BACKGROUND The site is zoned RT-3 and is developed with two municipally designated heritage buildings, built circa 1905, which are listed as category 'B' in the Vancouver Heritage Register. An additional building on site was destroyed by fire in July 1995, and was demolished to the foundation in September of that year. Pursuant to Development Permit No. DE400777 and Building Permit No. BU403531, the two-family dwelling that was destroyed by fire is to be reconstructed on the remaining foundation and the two heritage single-family dwellings will be altered and restored. The dwelling at 638 Hawks Avenue, which was partially damaged by the fire at the adjacent building, is currently being repaired under Combined Development and Building Permit No. DB400749. Council considered and approved the relaxations required to achieve this form of development in May 1996, when heritage designation of the two buildings was also considered. The applicant proposes to create a total of 4 strata lots in the three buildings. Pursuant to Section 9 of the Condominium Act, Council's approval is required only as it relates to the previously-occupied buildings. Based on the notarized declaration submitted by the property owner, the dwelling at 644 Hawks Avenue has been owner-occupied since 1946. The dwelling at 638 Hawks Avenue has been rented as a single-family dwelling to tenants since the 1930s. It has been vacant since July 1995, due to the extensive fire damage. The location of the site is shown in Figure No. 1, below. Figure No. 1 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 the eave on the north side of the two-family dwelling to be reconstructed is proposed to encroach onto the lane abutting this site. Registration of a volumetric easement to contain the encroachment will be required prior to the strata plan being deposited in the Land Title Office. This requirement will be addressed in a subsequent report to Council from the City Engineer, once the building has been constructed and the encroachment area has been defined. The City Engineer has indicated support for the volumetric lease. If Council were not to approve the Engineer's recommendation, it would not affect the approval in principle of the strata title conversion. The encroachment would simply have to be removed in order for the eaves to be wholly contained within the parcel. The City Building Inspector reports that for the two existing heritage buildings, building permits and related trades permits will be required for work which includes installation of sprinkler and security systems and electrical upgrading, to bring these buildings into substantial compliance 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. * * *