ADMINISTRATIVE REPORT

Date: June 10, 1998
Author/Local: A.Higginson/7556
CC File No. 5311

TO:	Vancouver City Council
FROM:	Subdivision and Strata Title Coordinator
SUBJECT:	Re-Approval of Strata Conversion: 440 Cambie Street

RECOMMENDATION

THAT the application to convert the previously-occupied building at 440 Cambie Street (Lots 39 to 42, Block 28, D.L. 541, Plan 210) to strata title ownership be re-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 6 months of this re-approval:

Completion of all legal agreements necessary to deal with the closure (blocking off and filling in) of the existing areaways under the sidewalks on Cambie Street and West Pender Street; and the closure (filling in) of the existing service tunnel under the rear lane connecting the buildings at 198 West Hastings Street and 440 Cambie Street; all to the satisfaction of the City Engineer and the Director of Legal Services.

GENERAL MANAGER'S COMMENTS

The General Manager of Community Services RECOMMENDS approval of the foregoing.

COUNCIL POLICY

Council's Strata Title and Cooperative Conversation Guidelines state:

… Conditions imposed by Council must be fulfilled within one year from the date of the approval in principle. Thereafter a new application shall be required to be submitted to the Director of Land Use and Development.

PURPOSE

Council re-approval is requested for the application to convert the previously-occupied building at 440 Cambie Street (Lots 39 to 42, Block 28, D.L. 541, Plan 210) to strata title ownership.

BACKGROUND

The site is zoned DD and is developed with a municipally-designated heritage building, constructed in 1909-1910, and known as the "Edgett Building". It is listed as Category `B' on the Vancouver Heritage Register.

The location of the site is shown on Figure 1, below.

Figure 1

On June 3, 1997, Council granted approval in principle to an application to convert this building to strata title ownership, subject to completion of four conditions. Two conditions dealt with issuance of permits and completion of the extensive interior and exterior alterations to provide office use throughout the building, including the new offices of the Architectural Institute of B.C. Both of these conditions have been met, with an Occupancy Permit being issued on May 4, 1998.

The remaining two conditions dealt with requirements to close:

1. the areaways under the sidewalks abutting the site; and

2. the service tunnel which crosses the lane at the rear of the site, connecting this building to the one at 198 West Hastings Street.

Although the physical work to close and fill in both the areaways and tunnel has been completed, the legal documentation which must be registered concurrently with the strata plan at the Land Title Office has not yet been finalized.

Long-standing agreements on the title of this property, which also apply to several neighbouring sites, must be modified to reflect the new status of the areaways and the tunnel, as they relate to the 440 Cambie Street site. This involves reaching agreement with the neighbouring property owners who are affected. Work is currently underway on all of the agreements, but they could not be completed prior to the expiry of Council's approval in principle.

STAFF ANALYSIS

The intent in establishing the one-year limit for completion of Council-imposed conditions was not to necessarily expect that all conditions of approval could be completed within a year, in every instance. Rather, the intent was to terminate approvals in principle where applicants clearly had no plans to proceed toward final approval by completing the required work. Staff were concerned that either revisions to relevant City by-laws or the possible introduction of new tenants who were not aware of the strata title approval in principle -predominantly of concern in residential buildings - could make the approval in principle passe.

In the case of the building at 440 Cambie Street, the owners have completed the extensive upgrading work to the building and, in fact, have occupied it. They are highly motivated tocomplete the legal documentation as soon as possible so that the strata plan can be registered and the newly created strata lots conveyed to purchasers who have already occupied the building under agreements for sale/purchase. They have confirmed that a period of six months will be sufficient to ensure that the final two conditions can be met.

CONCLUSION

Based on the foregoing, the Subdivision and Strata Title Coordinator supports this application for re-approval in principle and recommends that a six-month limit be imposed.

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