ADMINISTRATIVE REPORT
Date: February 18, 1997
Dept. File No. AMH
C.C. File: 5311-1
TO: Vancouver City Council
FROM: Director of Land Use and Development
SUBJECT: Strata Title Conversion: 1811 West 16th Avenue
RECOMMENDATION
That the application to convert the building at 1811 West 16th
Avenue (Lot E, Block 467, D.L. 526, Plan LMP28977) 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 condition has been met
within one year of the date of this approval:
Completion of all work now underway, in accordance with the
approved plans and permits, and issuance of an Occupancy
Permit, all at no cost to the City, in order that this
previously-occupied building substantially complies with all
relevant by-laws.
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 Council will consider in
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 1811 West 16th Avenue (Lot E, Block 467,
D.L. 526, Plan LMP28977) to strata title ownership.
BACKGROUND
The site is zoned RT-8 and is developed with a building formerly owned
by the adjacent Canadian Memorial Church and used as a recreation
facility and school. The building is listed as category B on the
Vancouver Heritage Register. It is currently undergoing extensive
renovations to convert it to 19 residential dwelling units, with one
level of underground parking, in accordance with Development Permit No.
DE401181 and Building Permit No. BU403101.
The building has never been used for residential purposes. It was
purchased from the Canadian Memorial Church by Cedar Mews Development
Limited, in July 1996. The property owner intends to create 19 strata
lots.
The location of the site is shown in Figure 1, below:
Figure 1
STAFF ANALYSIS
In addition to Planning Department staff, the City Engineer and City
Building Inspector have reviewed this application. Given the former use
of the building, the Manager of the Housing Centre has not been asked to
comment.
The City Engineer reports that there are no servicing or dedication
requirements for this site. The City Engineer advises, however, that
portions of the building encroach onto both Burrard Street and the lane
north of West 16th Avenue. Registration of a volumetric easement to
contain the encroachments will be required prior to the strata plan
being deposited in the Land Title Office. This requirement will be
addressed in a concurrent report to Council from the City Engineer.
The City Building Inspector reports that when all work has been
completed in accordance with the approved plans and permits and an
Occupancy Permit has been issued, the building will substantially comply
with all relevant City by-laws.
The Director of Land Use and Development notes that Section 9(2) of the
Condominium Act states that Council shall not approve the conversion of
a previously occupied building into strata lots unless the building
substantially complies with City by-laws. In this case, this heritage
building is non-conforming to many aspects of the RT-8 District
Schedule. At the time of Development Permit issuance, however, Council
approved a Heritage Revitalization Agreement (HRA) which authorized
variances to the Zoning and Development By-law to enable the building to
be retained and converted to 19 dwelling units. The HRA has been
executed and is now noted on the title of Lot E in the Land Title Office
records. The HRA requires that the heritage building be repaired if
damaged and replicated if destroyed. Therefore, there is little
uncertainty to be faced by prospective purchasers about whether this
non-conforming building could be redeveloped in the future. As a
result, no further covenant or restriction on title is recommended at
this time.
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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