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. * * * * *