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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