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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