A1 ADMINISTRATIVE REPORT Date: November 19, 1996 Dept. File No.000 196 TO: Vancouver City Council FROM: General Manager of Engineering Services SUBJECT: Proposed Closure of Portions of Carrall Street, Cordova Street and the Lane South of Cordova Street RECOMMENDATION A. THAT Council authorize the Director of Legal Services to sign on behalf of the City Reference Plans attested to by B.J. Oke, B.C.L.S., representing a survey completed on October 30, 1996, marginally numbered S-9237 and representing a survey completed on November 13, 1996, marginally numbered S-9257 defining the horizontal limits of the encroachments onto Carrall Street, Cordova Street and the lane south of Cordova Street (see Appendix "A" & "B") by the building at 8 East Cordova, and apply to raise title to the portions of Carrall Street, Cordova Street and the lane South of Cordova Street defined on the said Reference Plans in the name of the City of Vancouver. B. THAT all those volumetric portions of Carrall Street, Cordova Street and the lane South of Cordova Street included within the heavy outlines and illustrated isometrically on plans prepared by B.J. Oke, B.C.L.S., dated October 30, 1996 and marginally numbered S-9238 and S-9239 and dated November 13, 1996 and marginally numbered S-9258 and S-9259, reduced copies of which are attached hereto as Appendix "C", "D", "E" & "F", be closed, stopped-up, and that an easement be granted to the owner of abutting Parcel "B", Block 8, District Lot 196, Plan LMP 24609, to contain portions of the existing building which encroaches onto Carrall Street, Cordova Street and the lane south of Cordova Street. The easement to be for the life of the encroaching portion of the existing building on said Parcel "B", 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. -2- If Council approves this report, the Formal Resolution to close this portion of Carrall Street, Cordova Street and the lane south of Cordova Street will be before Council later this day for approval. COUNCIL POLICY The authority for closing and disposing of streets and lanes is set out in the Vancouver Charter. PURPOSE This report is required to obtain Council authority to grant an easement to contain the encroaching elements of the building located at 8 East Cordova Street, which is to be strata titled. The encroachments consist of roof cornices, balconettes and decorative iron work. BACKGROUND On February 27, 1996 the Development Permit Board granted approval for the development at 8 East Cordova Street, subject to a number of conditions. The design which was approved included several encroachments onto the abutting streets and lane. These encroachments consisted of architectural features which the developer felt were important in terms of establishing the character of the new building, and making it fit into the Gastown neighbourhood. Even when cautioned of the complications created with strata titling the development, the developer wished to retain these encroaching elements. The Condominium Act requires that a building being strata titled be contained within the boundaries of the parcel, or that easements be provided for access to any parts of the building that are not within the boundaries. As there is no title to the portions of streets and lane encroached onto, we must first raise title. Then we must close the volumetric portion occupied by the building and register an easement against the title of the streets or lane. DISCUSSION The encroaching elements of this building were included by the developer to capture some of the historical character of buildings in the Gastown area, many of which encroached onto the streets. This report seeks Council authority to raise titles as described and to close, stop-up and to authorize registration of volumetric easements over portions of the new titles. 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. * * * * *