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ADMINISTRATIVE REPORT

Date: January 27, 1998

Author/Local: JFranko/7102

CC File No.: 5311

TO:	Vancouver City Council
FROM:	Director of Land Use and Development
SUBJECT:	Strata Title Conversion - 364 West 10th Avenue

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RECOMMENDATION

THAT the application to convert the previously-occupied building at 364 West 10th Avenue (Lot C, Block K, D.L. 526, Plan LMP31527) 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 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 364 West 10th Avenue (Lot C, Block K, D.L. 526, Plan LMP31527) to strata title ownership.

BACKGROUND

The site is zoned RM-4 and is developed with a three-storey plus basement multiple conversion dwelling (MCD) containing three residential units. The MCD is a municipally designated heritage building, built in 1909, which is listed as a category "A" building on the Vancouver Heritage Register. The site is also being developed with a new infill dwelling containing two residential units, and a new three-storey multiple dwelling containing 13 residential units. The location of the site is shown in Figure 1, below.

Figure 1

The extensive exterior and interior alterations to the MCD are being performed pursuant to Development Permit No. DE401251 and Building Permit No. BU405928. The infill dwelling and the multiple dwelling (townhouse) building are being constructed pursuant to Building Permit Nos. BU405929 and BU405927, respectively. Construction on all three buildings is nearing completion.

The applicant proposes to create a total of 18 strata lots in the three buildings. Pursuant to Section 9 of the Condominium Act, Council’s approval is required as it relates to the previously-occupied heritage building only.

City records indicate that the heritage building was converted under permits in 1968 from a one-family dwelling to an MCD containing one dwelling unit and one sleeping unit on the main floor, and three sleeping units on the second floor. However, as of 1991, the owners, who occupied the building, had reverted the MCD to a one-family dwelling and had arranged for cancellation of their business license. Following a change of ownership, the building was rented as a one-family dwelling from 1992 to 1996. As stated in the applicant’s notarized declaration, the current owners took vacant possession of the building at the time of purchasing the property in November, 1996. There is no evidence that tenants were treated unfairly.

STAFF ANALYSIS

In addition to Planning Department staff, the City Engineer and the City Building Inspector have reviewed this application. As the building contains only three dwelling units, the Manager of the Housing Centre has not been asked to comment.

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

The City Building Inspector reports that when all work has been completed in accordance with approved plans and permits, and an Occupancy Permit has been issued, the previously-occupied building will substantially comply with all relevant City by-laws.

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.

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(c) 1997 City of Vancouver