ADMINISTRATIVE REPORT

Date: February 20, 1998

Author/Local: MThomson/7239

CC File No. 5753

TO:	Vancouver City Council
FROM:	General Manager of Engineering Services
SUBJECT:	Proposed Closure of a Portion of Homer Street and Hamilton Street - 1240 Homer Street

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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 Homer Street, a reduced copy of which is attached, as Appendix "A", by the building at 1240 Homer Street, and apply to raise title to the portion of Homer Street defined on the said Reference Plan, in the name of the City of Vancouver.

B.THAT all those volumetric portions of Homer Street and Hamilton Street included within the heavy outline and illustrated isometrically on a plan of survey, completed on the 18th day of February, 1998 by David Lyon, B.C.L.S. and marginally numbered 96-157.EAS, 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 Parcel One, Block 76, District Lot 541, Plan LMP , to contain the portions of the existing building which encroach onto Homer Street and Hamilton Street. The easement to be for the life of the encroaching portion of the existing building on said Parcel One, 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 is located in Yaletown, a designated Historic Area. The parcel of land the building occupies is zoned HA3 (Historic Area). Permitting the building to encroach onto the street is 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 1240 Homer Street.

BACKGROUND

The subject building presently under construction in accordance with Development Permit DE 400857, is a six-storey mixed-use building. The Development Permit includes construction of encroaching roof cornices. The applicant desires to Strata Title the building in accordance with the Condominium Act.

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. In this case, the City already has a title for the portion of Hamilton Street that contains encroachments. It will be necessary to raise a title for the portion of Homer Street, dedicated by the deposit of Plan 210 that is encroached upon.

DISCUSSION

On the Homer Street and Hamilton Street sides of Parcel One, Block 76, District Lot 541, Plan LMP , there is a cornice at the roof level that encroaches a maximum of 1.000 metres (42-1/3 inches) on the Homer Street side and 0.30 metres (12 inches) on the Hamilton Street side of Parcel One. There is a title, in the name of the City, that exists for the portions of Hamilton Street that is encroached upon. Lot K, except (A) part in Plan 4544, (B) portions coloured yellow on Plan 4959, (C) part in Explanatory Plan 17265, Block 76, D.L. 541, Plan 3469, the property commonly identified as the Yaletown Docks, was established as road by Council Resolution in 1995, and as such, forms a portion of Hamilton Street. It is necessary to seek Council approval to close, stop-up and to authorize registration of avolumetric easement over a portion of this existing title. In addition, a volumetric easement is required over the portion of Homer Street dedicated by Plan 210, for which Recommendation "A" seeks authority to raise a title.

We are recommending that fees and annual rentals be charged a per the Encroachment By-law. This is consistent with past Council direction.

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(c) 1997 City of Vancouver