2201 Burrard Street - Proposed Closure

ADMINISTRATIVE REPORT
Date: January 22, 1998
Author/Local:M.Thomson/7328
File No. 000 526
CC File No. 5753

TO:

Vancouver City Council

FROM:

General Manager of Engineering Services

SUBJECT:

2201 Burrard Street - Proposed Closure of a Portion of the West Side of Burrard Street, between 6th Avenue and 7th 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 the west side of Burrard Street, between 6th Avenue and 7th Avenue, a reduced copy of which is attached as Appendix "A", by the building at 2201 Burrard Street, and apply to raise title to the said portion of Burrard Street, defined on the said Reference Plan in the name of the City of Vancouver.
B.THAT all those volumetric portions of the west side of Burrard Street, between 6th Avenue and 7th Avenue included in the heavy outlines and illustrated isometrically on a plan of survey, and certified correct by Robert G. Flynn, B.C.L.S. on the 13th day of January, 1998, and marginally numbered 96-276.VOL., a reduced copy of which is attached as Appendix "B", be closed, stopped-up and that an easement be granted to the owner of abutting Lot H, Block 287, District Lot 526, Plan 21532, to contain the portions of the building which encroach onto Burrard Street. The easement to be for the life of the encroaching portion of the existing building on said Lot H, 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 an agreement prepared pursuant to the Encroachment By-law.
If Council approves this report, the Formal Resolution to close the said portion of Burrard 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 2201 Burrard Street.
BACKGROUND
Earlier today, Council approved the strata title conversion of the building at 2201 Burrard Street. A portion of the existing building encroaches onto the west side of Burrard Street, between 6th Avenue and 7th Avenue.
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 a title be raised for the portion of street encroached upon.
The portion of Burrard Street encroached upon was dedicated by the deposit of Plan 12231, in February of 1966. It will be necessary to raise a title for the portion of City street 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.
Along Burrard Street, there is an existing overhang that encroaches a maximum of 1.31 metres (4 feet, 3.6 inches). In addition, there are minor encroachments (0.07 metres, 2.8 inches) of concrete and window facings.
As the overhang is pre-existing on a building undergoing significant renovation, it is reasonable to support that it remain and be included in the strata titling of the building.
This report seeks Council approval to raise a title as described above and to close, stop-up and to authorize registration of a volumetric easement over a portion of the new title.
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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TO:	Vancouver City Council
FROM:	General Manager of Engineering Services
SUBJECT:	2201 Burrard Street - Proposed Closure of a Portion of the West Side of Burrard Street, between 6th Avenue and 7th Avenue