ADMINISTRATIVE REPORT


                                                      Date: April 2, 1997  
                                                      Dept. File No.002 027
                                                      CC File No. 5753-1   

   TO:       Vancouver City Council

   FROM:     General Manager of Engineering Services

   SUBJECT:  Closure of a Portion of 26th Avenue, East from Dunbar Street
             and a Portion of the Lane South of 26th Avenue, East from
             Dunbar Street




   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 26th Avenue and onto the lane
             (see Appendix A), by the building at 4200-4250 Dunbar Street
             and apply to raise title to the portions of 26th Avenue and
             the lane defined on the said Reference Plan in the name of the
             City of Vancouver.

        B.   THAT all those volumetric portions of 26th Avenue, east from
             Dunbar Street included within the heavy outlines and
             illustrated isometrically on a plan of survey completed on the
             1st day of April, 1997 and attested to by C.S. Cryderman,
             B.C.L.S., and marginally numbered G-116, 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 abutting Lot
             A, Block 83, District Lot 2027, Plan LMP 26945, to contain
             portions of the building which encroach onto 26th Avenue.  The
             easement to be for the life of the encroaching portions of the
             building on said Lot A, and to be to the satisfaction of the
             Director of Legal Services.









                                     - 2 -


        C.   THAT all those volumetric portions of the lane, south of 26th
             Avenue, east from Dunbar Street included within the heavy
             outlines and illustrated isometrically on a plan of survey
             completed on the 1st day of April, 1997, and attested to by
             C.S. Cryderman, B.C.L.S. and marginally numbered G-116, 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 abutting Lot A, Block 83, District Lot 2027, Plan LMP
             26945, to contain portions of the building which encroach onto
             the lane.  The easement to be for the life of the encroaching
             portions of the building on said Lot A, and to be to the
             satisfaction of the Director of Legal Services.


        D.   THAT the fees for document preparation, registration and use
             of the easement referred to in Recommendations B and C, are to
             be in accordance with those charged for in an agreement
             prepared pursuant to the Encroachment By-law.


        If Council approves this report, the Formal Resolution to close the
        portion of 26th Avenue east from Dunbar Street and the portion of
        lane south of 26th Avenue east from Dunbar Street will be before
        Council later this day for approval.

    
   COUNCIL POLICY

   The authority for closing and disposing of portions of streets and lanes
   is set out in the Vancouver Charter.


   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
   4200-4250 Dunbar Street.


   BACKGROUND

   In 1996 a development application (DE400673) for 4200-4250 Dunbar Street
   was approved for construction of a 4-storey commercial/ residential
   building.  The subsequent building permit that was issued for the site
   (BU403052) included roof overhangs that encroach onto 26th Avenue, east
   from Dunbar Street and the lane south of 26th Avenue east from Dunbar
   Street.  The overhangs onto City street and lane were approved in
   accordance with the spirit        - 3 -

   of Subsection 11.1.7 of the Building By-law which allows maximum
   projections of 0.915 metres (3 feet).  The overhangs are intended to
   drain rain water back into the buildings drainage system and to offer
   some limited weather protection.

   The developer intends to strata title the building.  As required by the
   Registrar of Land Titles, 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.  Registration of the easements requires that titles be raised
   for the portions of street and lane encroached upon.


   DISCUSSION

   The General Manager of Engineering Services does not generally support
   the construction of the overhangs encroaching onto City streets and
   lanes.  Support is given for renovations to buildings where
   encroachments previously exist, for historically significant buildings
   and in the Chinatown, Yaletown and Gastown neighbourhoods where
   encroaching features are common and an accepted architectural
   characteristic of the building.  None of these factors existed on this
   application and Engineering Services did not support their construction. 
   There is no precedent in area for encroaching overhead features.

   Through a series of miscommunications, both internally between staff and
   externally between the applicant and staff, the encroachments that are
   the subject of this report were approved.  The General Manager of
   Engineering Services has determined that as a result of these
   miscommunications, it is reasonable to place these now constructed
   encroachments under agreement.  To obligate their removal would place an
   unreasonable burden on the developer and expose the City to risk of
   liabilities due to their inclusion on the approved building permit
   drawings.

   On the 26th Avenue side of Lot A, Block 83, District Lot 2027, Plan LMP
   26945, the encroachment is limited to two portions of overhanging roof
   that encroach a maximum of 0.60 metres (24 inches).  Similarly, over the
   lane, on the south side of Lot A, the encroachment is limited to two
   portions of overhanging roof that encroach a maximum of 0.60 metres (24
   inches).  The portions of both 26th Avenue and the lane encroached upon
   were dedicated by the deposit of Plan 1384 in 1907.

   This report seeks Council approval to raise titles as described and to
   close, stop-up and to authorize registration of a volumetric easement
   over a portion of the new titles.

   We recommend that fees for document preparation and annual rentals be
   charged as per the Encroachment By-law.  This is consistent with past
   Council direction.


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