ADMINISTRATIVE REPORT
Date: February 7, 1997
Dept. File No.000 526
CC File No. 5753-1
TO: Vancouver City Council
FROM: General Manager of Engineering Services
SUBJECT: Proposed Closure of a Portion of Burrard Street, and the Lane
North of 16th Avenue, West from Burrard Street - 1811 West
16th 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 Burrard Street and the lane
North of West 16th Avenue West from Burrard Street, a reduced
copy of which is attached as Appendix A, by the building at
1811 West 16th Avenue, and apply to raise title to the portion
of Burrard Street and the lane North of West 16th Avenue, west
from Burrard Street, defined on the said Reference Plan in the
name of the City of Vancouver.
B. THAT all those volumetric portions of Burrard Street and the
lane North of West 16th Avenue, West from Burrard Street
included within the heavy outline and illustrated
isometrically on a plan of survey, completed on the 30th day
of January, 1997, by Alan Olsen, B.C.L.S., and marginally
numbered 14179 VOL., 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 E, Block
467, District Lot 526, Plan LMP 28977, to contain the portions
of the existing building which encroach onto Burrard Street,
and the lane North of West 16th Avenue West from Burrard
Street. The easement to be for the life of the encroaching
portion of the existing building on said Lot E, 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.
The building in question is listed as a Category B building on the
Vancouver Heritage Register. In addition, there is a Heritage
Revitalization Agreement registered pursuant to the Vancouver Charter.
Permitting the building to remain encroaching onto the street will help
ensure preservation, and is therefore consistent with Council s heritage
policy.
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
1811 West 16th Avenue.
BACKGROUND
Earlier today, Council approved the strata title conversion of the
building at 1811 West 16th 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. The portions of Burrard Street and the lane North of West
16th Avenue, West from Burrard Street that abut the subject site (Lot E)
were dedicated by the deposit of Plan 3557 in 1911. It will be
necessary to raise a title for the portions of City street and lane that
are encroached upon.
DISCUSSION
Along both the Burrard Street frontage and the lane North of West 16th
Avenue, West from Burrard Street, the encroachment is limited to a roof
overhang which encroaches a maximum of 0.61 metres (24 inches). It is
necessary to seek Council approval to raise a title for the horizontal
limits encroached upon (Recommendation A) and Council approval to close,
stop-up and to authorize registration of a volumetric easement over the
portion of the created titles that are encroached upon (Recommendation
B).
We are recommending that fees and annual rentals be charged as per the
Encroachment By-law (Recommendation C). This is consistent with past
Council direction.
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