ADMINISTRATIVE REPORT

Date: June 19, 1998

Author/Local: JFranko/7102

CC File No. 5311

TO:	Vancouver City Council
FROM:	Subdivision and Strata Title Coordinator
SUBJECT:	Strata Title Conversion - 1128 Homer Street

RECOMMENDATION

THAT the application to convert the previously-occupied building at 1128 Homer Street (Lot 6, Block 76, D.L. 541, Plan 3469) 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 this approval:

Completion of all work authorized under Development Permit No. DE402441 and Building Permit Nos. BU407305 and BU407349, and issuance of an Occupancy Permit, all to the satisfaction of the City Building Inspector and at no cost to the City, in order for this building to substantially comply with all relevant City 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 that Council will consider when 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 1128 Homer Street (Lot 6, Block 76, D.L. 541, Plan 3469) to strata title ownership.

BACKGROUND

The site is zoned HA-3 and is developed with a four-storey mixed-use commercial building, which historically contained retail, office and wholesale uses. Development and building permits have recently been issued permitting extensive interior and exterior alterations to this building, and permitting the change of use of the building to restaurant use on the ground floor, retail and office use on the second floor and office use on the third and fourth floors. The renovation work is currently underway. The applicant proposes to create 36 commercial strata lots.

The building was purchased by the current owner in August 1997. By September 30, 1997, all of the remaining commercial tenants had vacated the building so construction could commence. The building has never been used for habitable accommodation.

The location of the building is shown in figure No.1, below.

Figure 1

NOTE:ATTACHMENTS TO THIS REPORT THAT DO NOT HAVE ELECTRONIC COPY ARE AVAILABLE ON FILE IN THE CITY CLERK'S OFFICE.

STAFF ANALYSIS

In addition to Planning Department staff, the City Engineer and the City Building Inspector have reviewed this application. Given that the building has never been used for residential accommodation, the Manager of the Housing Centre has not been asked to comment.

The City Engineer reports that there are no dedication or servicing requirements for this site. The City Engineer advises, however, that the building encroaches onto both Homer and Hamilton Streets. Registration of a volumetric easement to contain the encroachments will be required prior to the strata plan being registered in the Land Title Office. The requirement will be addressed in a subsequent report to City Council from the City Engineer. The City Engineer has indicated support for the volumetric easements.

The City Building Inspector reports that once all of the work now underway has been completed in accordance with the approved plans and permits, and an Occupancy Permit has been issued, this 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 Guildelines, the Subdivision and Strata Title Coordinator supports this application.

NOTE:ATTACHMENTS TO THIS REPORT THAT DO NOT HAVE ELECTRONIC COPY ARE AVAILABLE ON FILE IN THE CITY CLERK'S OFFICE.

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(c) 1998 City of Vancouver