ADMINISTRATIVE REPORT
Date: February 7, 1997
Dept. File No. GL
C.C. File 5311-1
TO: Vancouver City Council
FROM: Director of Land Use and Development
SUBJECT: Strata Title Conversion - 267-271 East 23rd Avenue
RECOMMENDATION
THAT the application to convert the previously-occupied building at
267-271 East 23rd Avenue (Lot 15, Block 24, D.L. 301, Plan 5112) 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 conditions have
been met within one year of the date of this approval:
(a) Completion of all work required by the City Building
Inspector, under the necessary permits, at no cost to the
City, in order that this previously-occupied building
substantially complies with all relevant by-laws.
(b) Execution of a Section 215 covenant, to be registered
concurrently with the strata plan, prepared to the
satisfaction of the Director of Legal Services, to serve
notice on title regarding the uncertainty of site
redevelopment.
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 that 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 building at 267-271 East 23rd Avenue (Lot 15, Block
24, D.L. 301, Plan 5112) to strata title ownership.
BACKGROUND
The site is zoned RS-2 and is developed with a two-storey plus basement,
multiple conversion dwelling containing three residential units. The
building, built circa 1913, is listed on the Vancouver Heritage Register
as a category B heritage building.
One of the units is owner-occupied, one is presently occupied by tenants
and the remaining unit is vacant. The owner proposes to create three
strata lots, each one comprising a residential unit. The existing
tenants have offered their support in writing for this conversion
application.
The site location is shown below in Figure 1:
Figure 1
DISCUSSION
Section 9(2) of the Condominium Act states that Council shall not
approve the conversion unless the building substantially complies with
applicable City by-laws. In this case, multiple conversion dwellings
are a conditionally approved use under the RS-2 District Schedule. If
this site were to be redeveloped today, the site area of Lot 15 would
only support a single-family dwelling, which could potentially be
converted to a multiple conversion dwelling containing 2 dwelling units.
Further, the existing building is non-conforming with respect to the
floor space ratio and yard regulations of the District Schedule.
Therefore, there is some uncertainty as to whether three dwelling units
at the existing density could necessarily be redeveloped under the RS-2
District Schedule, should this building be extensively damaged or
destroyed by fire, although the Board of Variance would have
jurisdiction.
In 1984, in considering a similar application to convert a 3-unit
multiple conversion dwelling in the RS-2 Zoning District, Council opted
to approve the conversion subject to a Section 215 Covenant being
registered against the title of the property, advising prospective
purchasers of the redevelopment uncertainty. Specifically, these
individuals may be unaware that should the building be either damaged or
destroyed, there is no guarantee that the building could be rebuilt to
create the previously approved number of dwelling units. It is doubtful
that the market is cognizant of the uncertainty of redevelopment in
these situations. There is no indication of unit prices reflecting this
uncertainty.
Section 9(3) of the Condominium Act states that Council shall consider,
in making a decision to convert a building under Section 9 of the Act,
any other matters that, in its opinion, are relevant. In the case of
the conversion of a heritage building, the extension to the life
expectancy of the building, associated with the substantial upgrading
requirements, is clearly consistent with established Council policy
aimed at preserving existing heritage stock.
STAFF ANALYSIS
In addition to Planning Department staff, the City Engineer and the City
Building Inspector have reviewed this application. As there are only
three residential dwelling units on this site, the Manager of the
Housing Centre has not been asked to comment.
The City Engineer has no dedication or servicing requirements for this
site.
The City Building Inspector reports that building, electrical and
plumbing upgrading, including installation of a sprinkler system, must
be completed in order for this building to substantially comply with all
relevant by-laws. A building permit and related trades permits will be
required for the above work. The scope of the work will also address
several alterations to the building which have been completed without
permits.
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.
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