ADMINISTRATIVE REPORT

Date: June 3, 1998

Author/Local: M.Thomson/7329

CC File No. 5753

TO:	Vancouver City Council
FROM:	General Manager of Engineering Services
SUBJECT:	1134 Homer Street - Proposed Closure of a Portion of Homer Street and Hamilton Street

RECOMMENDATION

A.THAT Council authorize the Director of Legal Services to sign on behalf of the City, a Reference Plan attested to by Robert Wiegenbroker, B.C.L.S., on May 20, 1998, marginally numbered 6335RP3.DWG, defining the horizontal limits of the encroachments onto Homer Street (a reduced copy of which is attached as Appendix "A"), by the building at 1134 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, certified correct on the 26th day of May, 1998, by Robert Wiegenbroker, B.C.L.S., and marginally numbered 6335-EZ4, 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 Parcel N, Block 76, District Lot 541, Plan LMP 35529, 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 N, 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.

If Council approves this report, the Formal Resolution to close these portions of Homer Street and Hamilton Street will be before Council later this day for approval.

COUNCIL POLICY

The authority for closing and disposing of street 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 remain encroaching onto the street will help ensure preservation, and is therefore 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 at 1134 Homer Street.

BACKGROUND

Today, Council will be asked to approve the strata title conversion of the building at 1134 Homer Street.

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 the 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 N, Block 76, District Lot 541, Plan LMP 35529, portions of facade of the building and other minor architectural features encroach from the ground to the roof, a maximum of 0.20 metres (8 inches). In addition, there is a cornice at the roof level that encroaches 0.55 metres (22 inches) onto Hamilton Street and 0.85 metres (34 inches) onto Homer Street. There is also a mid-level cornice encroaching 0.22 metres ( 9 inches) onto Homer Street. There is a title in the name of the City, that exists for the portion 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 a volumetric 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 as per the Encroachment By-law. This is consistent with past Council direction.

NOTE: ELECTRONIC COPY OF APPENDICES NOT AVAILABLE - ON FILE IN THE CITY CLERK'S OFFICE.

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(c) 1998 City of Vancouver