A16
ADMINISTRATIVE REPORT
Date: November 22, 1996
Dept. File No.000 541
TO: Vancouver City Council
FROM: General Manager of Engineering Services
SUBJECT: Proposed Closure of a Portion of Homer Street, Davie Street
and Hamilton Street - 1208 Homer Street
RECOMMENDATION
A. THAT Council authorize the Director of Legal Services to sign
on behalf of the City a Reference Plan defining the horizontal
limits of the encroachments onto Homer Street, a reduced copy
of which is attached as Appendix "A", by the building at 1208
Homer Street, and apply to raise title to the portion of Homer
Street defined on the said Reference Plan in the name of the
City of Vancouver.
B. THAT all those volumetric portions of Homer Street, Davie
Street and Hamilton Street included within the heavy outline
and illustrated isometrically on a plan of survey, completed
on the 21st day of October, 1996 by J.J. Ward, B.C.L.S., and
marginally numbered 2112 06006-2, a reduced copy of which is
attached hereto as Appendix "B", be closed, stopped-up and
that an easement be granted to the owner of the abutting Lot
E, Block 76, District Lot 541, Plan LMP 30764, to contain the
portions of the existing building which encroach onto Homer
Street, Davie Street, and Hamilton Street. The easement to be
for the life of the encroaching portion of the existing
building on said Lot E, 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.
COUNCIL POLICY
The authority for closing and disposing of streets and lanes is set out
in the Vancouver Charter.
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The building in question is a municipally designated heritage building.
In addition, the building is located in Yaletown, a designated Historic
Area. The parcel of land the building occupies is zoned HA3 (Historic
Area). Permitting the building to remain encroaching onto the street
will help ensure preservation, and is therefore consistent with
Council's heritage policy.
PURPOSE
The purpose of this report is to obtain Council authority to grant an
easement to contain the encroaching elements of the building located at
1208 Homer Street.
BACKGROUND
On November 26, 1996, Council approved the strata title conversion of
the "Murchies" Building at 1208 Homer Street.
The Registrar of Land Titles has taken the position that to satisfy the
Condominium Act, the strata corporation must have control over the
portion of street or lane affected by the building encroachment, for the
life of the building. To accomplish this, the volumetric portion of
street or lane containing the encroachments must be closed, stopped-up,
and an easement granted for the volumetric portions of the building that
encroach. In this case, the City already has titles for the portions of
Davie Street, and Hamilton Street that contain the encroachments. It
will be necessary to raise a title for the portion of Homer Street,
dedicated by the deposit of Plan 210, that is encroached upon.
DISCUSSION
On the Homer Street, Davie Street and Hamilton Street sides of Lot E,
Block 76, District Lot 541, Plan LMP 30764, portions of facade of the
building and other minor architectural features encroach from the ground
to the roof a maximum of 0.33 metres (13 inches). In addition, there is
a cornice at the roof level that encroaches a maximum of 1.30 metres (51
inches). There are three titles, in the name of the City, that exist
for the portions of Davie Street and Hamilton Street that are encroached
upon. Lot C, except part coloured yellow on Plan 4959, Block 76, D.L.
541, Plan 3469 (Davie Street), was established as road by Council
Resolution in 1984. Those portions of Lot K in Explanatory Plan 17265,
Block 76, D.L. 541, Plan 3469 (a small portion of Hamilton Street), was
established as road by Council Resolution in 1984. Lot K, except (A)
part in Plan 4544, (B) portions coloured yellow on Plan 4959, (C) part
in Explanatory Plan 17265, Block 76, D.L. 541, Plan 3469, the property
commonly identified as the Yaletown Docks, was established as road by
Council Resolution in 1995, and as such, forms a portion of Hamilton
Street. It is necessary to seek
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Council approval to close, stop-up, and to authorize registration of a
volumetric easement over a portion of these existing titles. In
addition, a volumetric easement is required over the portion of Homer
Street dedicated by Plan 210, for which Recommendation "A" seeks
authority to raise a title.
We are recommending that fees and annual rentals be charged as per the
Encroachment By-law. This is consistent with past Council direction.
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