A8
                             ADMINISTRATIVE REPORT

                                      Date: January 29, 1997
                                      Dept. File No.000 526
                                      CC File 5753-1          

   TO:       Vancouver City Council

   FROM:     General Manager of Engineering Services

   SUBJECT:  Proposed Closure of a Portion of the Lane South of York
             Avenue, between Arbutus Street and Maple Street - 2036 York
             Avenue

   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 the lane South of York Avenue
             between Arbutus Street and Maple Street, a reduced copy of
             which is attached as Appendix A, by the building at 2036 York
             Avenue, and apply to raise title to the portion of lane
             defined on the said Reference Plan in the name of the City of
             Vancouver.

        B.   THAT all those volumetric portions of the lane South of York
             Avenue between Arbutus Street and Maple Street included within
             the heavy outline and illustrated isometrically on a plan of
             survey, completed on the 10th day of January, 1997 by John
             Henderson, B.C.L.S., and marginally numbered No.960029/DWG.
             No. D-78, 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 F, Block 205,
             District Lot 526, Plan LMP 10255, to contain the portions of
             the existing building which encroach onto the lane South of
             York Avenue between Arbutus Street and Maple Street.  The
             easement to before the life of the encroaching portion of the
   existing building on said               Lot F, 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.


   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 2036 York Avenue.

     BACKGROUND

     Earlier today, Council approved the strata title conversion of the building at 2036 York Avenue.

     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 May of 1993, the City acquired a 2-foot
     wide lane widening, along the rear of the subject site, by the deposit of Subdivision Plan LMP 10255.  It is into this
     piece of dedicated lane that a portion of building now encroaches.  The building has recently been redeveloped, which has
     resulted in the discovery of a minor encroachment.  It will be necessary to raise a title for the portion of the lane
     South of York Avenue, between Arbutus Street and Maple Street that is encroached upon.

     DISCUSSION

     The brick facade of the building on Lot F, Block 205, District Lot 526, Plan LMP 10255 (2036 York Avenue) encroaches a
     maximum of 0.10 metres (4 inches) onto the lane South of York Avenue, between Arbutus Street and Maple Street.  In
     addition, there are window sills at 4 levels that encroach an additional 0.05 metres (2 inches).  To allow for
     registration of the strata plan, it is necessary to raise a title to the portion of lane encroached upon (Recommendation
     A) and to close, stop-up and register a volumetric easement (Recommendation B) over the newly created 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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