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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.
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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.
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