A4
                                                 ADMINISTRATIVE REPORT

                                           Date: March 7, 1997
                                           Dept. File No. GL
                                           C.C. File: 5311-1


   TO:       Vancouver City Council

   FROM:     Director of Land Use and Development

   SUBJECT:  Strata Title Conversion: 2651 West 5th Avenue


   RECOMMENDATION

        THAT the application to convert the previously-occupied building at
        2651 West 5th Avenue (Parcel F, Block 11, D.L. 192, Plan LMP28004)
        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 required by the City Building
             Inspector, under the required permits, at no cost to the City,
             and issuance of an Occupancy Permit, 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 which 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 2651 West 5th Avenue (Parcel F, Block
   11, D.L. 192, Plan LMP28004) to strata title ownership.

   BACKGROUND

   The site is zoned RT-8 and is developed with a three storey multiple
   conversion dwelling containing three residential units.  The building
   was initially altered and converted under permit in 1976 to provide for
   three dwelling units.  Further alterations and additions were authorized
   by development and building permits in 1985.  

   The site location is shown below in Figure 1.

                                   Figure 1





























   On May 27, 1986, City Council approved "n principle" the conversion of
   this building to strata title ownership.  Following completion of all
   upgrading work required at that time, the strata plan was approved in
   May, 1987.  However, the plan was never registered.

   The owner now wishes to proceed to create three strata lots.  All three
   of the units in the building are presently tenant-occupied.  One of the
   tenants has indicated support for this conversion application.  Another
   tenant is opposed.  The third tenant has not completed the question on
   the City s Tenant Response Form asking whether or not he supports or
   opposes the strata title conversion, despite being asked twice for this
   information.  As indicated in his most recent correspondence to the
   Planning Department, attached as Appendix A to this report, he believes
   that the owner has the right to strata title the property.  In earlier
   correspondence however, he also expressed concern over the prospect of
   possible reductions to the City s rental housing stock, as could be
   associated with the conversion of buildings to strata title ownership. 
   Staff have been unable to obtain a more definitive position of
   support/opposition from this tenant.

   The owner has indicated that he intends to market all three strata lots
   if this application is approved.

   STAFF ANALYSIS

   In addition to Planning Department staff, the City Engineer and the City
   Building Inspector have reviewed this application.  In accordance with
   current practise, the Manager of the Housing Centre has not been asked
   to comment because the building contains less than six dwelling units.

   The City Engineer has no dedication or servicing requirements for this
   site.

   The City Building Inspector reports that building, electrical and
   sprinkler upgrading must be completed in order for this building to
   substantially comply with all relevant by-laws.  A building permit and
   related trades permits will be required for the above work and an
   occupancy permit will also be required.

   The Director of Land Use and Development is concerned that the owner has
   been unable, despite two attempts, to achieve a clearly stated
   two-thirds (2/3) majority of support for this application from the three
   tenants, which is specified in the City s Conversion Guidelines.  All of
   the tenants have confirmed that they have received all of the relevant
   information from the applicant and the Director of Land Use and
   Development concludes that the ambiguous comments of one tenant should
   not deny the owner the opportunity for Council to make a determination
   on the application.

   CONCLUSION

   Based on the foregoing, and despite the applicant s lack of compliance
   with the strict interpretation of the City s Strata Title and
   Cooperative Conversion Guidelines regarding tenant support, the Director
   of Land Use and Development supports this application.

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