ADMINISTRATIVE REPORT

Date: July 6, 1998
Author/Local: GLougheed/7721
CC File No. 5311

TO:	Vancouver City Council
FROM:	Subdivision and Strata Title Coordinator
SUBJECT:	Re-approval of Strata Title Conversion: 267-271 East 23rd Avenue

RECOMMENDATION

THAT the application to convert the previously-occupied building at 267-271 East 23rd Avenue (Lot 15, Block 24, D.L. 301, Plan 5112) 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 conditions have been met within six months of the date of this re-approval:

(a) completion of all work required by the City Building Inspector, under the necessary permits, at no cost to the City, in order that this previously-occupied building substantially complies with all relevant by-laws; and

(b) execution of a Section 219 covenant, to be registered concurrently with the strata plan, prepared to the satisfaction of the Director of Legal Services, to serve notice on title regarding the uncertainty of site redevelopment.

GENERAL MANAGER’S COMMENTS

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

COUNCIL POLICY

Council’s Strata Title and Cooperative Conversion 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 an application to convert the previously-occupied building at 267-271 East 23rd Avenue (Lot 15, Block 24, D.L. 301, Plan 5112) to strata title ownership.

BACKGROUND

The site is zoned RS-2 and is developed with a two-storey plus basement multiple conversion dwelling containing three residential units. The building, built circa 1913, is listed on the Vancouver Heritage Register as a category “B” heritage building. The site location is shown below in Figure 1.

Figure 1

On March 13, 1997, Council granted approval in principle to an application to convert this building to strata title ownership, subject to completion of all required upgrading work and execution of a Section 215 (now 219) covenant to serve notice on title regarding the uncertainty of site redevelopment.

The covenant was established as a condition of approval because multiple conversion dwellings are a conditionally approved use under the RS-2 District Schedule and if this site were to be redeveloped today, the site area of Lot 15 would only support a single-family dwelling, which could potentially be converted to a multiple conversion dwelling containing two dwelling units. Further, the existing building is non-conforming with respect to the floor space ratio and yard regulations of the District Schedule. Therefore, there is some uncertainty as to whether three dwelling units at the existing density could necessarily be redeveloped under the RS-2 District Schedule, should this building be extensively damaged or destroyed by fire, although the Board of Variance would have jurisdiction.

Prospective purchasers may be unaware that there is no guarantee that the building could be rebuilt to create the previously approved number of dwelling units. It is doubtful that the market is cognizant of the uncertainty of redevelopment in these situations. There is no indication of unit prices reflecting this uncertainty.

In accordance with Building Permit No. BU406346, issued June 19, 1997, the building has undergone extensive exterior and interior alterations to bring it into substantial compliance with all relevant City by-laws. The required work is now nearing completion. The owner has submitted the strata plan for the site, and the Law Department has been instructed to draft the required covenant.

Pursuant to Council’s policy, however, the approval in principle lapsed on March 13, 1998. The owner has applied for Council’s re-approval in principle, which would be valid for a further six-month period.

STAFF ANALYSIS

The intent in establishing the one-year limit for completion of Council-imposed conditions was not to necessarily expect in every instance that all conditions of approval could be completed within a year. 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, could make the approval in principle passe.

As the required work is well underway, the Manager of the Building Inspections Branch has confirmed it is reasonable to expect that any outstanding work can be completed within six months, and on this basis, supports the recommendation that this re-approval be valid for a further six-month period.

Despite the uncertainty of future redevelopment options, Planning staff believe that, in the case of the conversion of a heritage building, the extension to the life expectancy of the building, associated with the substantial upgrading requirements, is clearly consistent with established Council policy aimed at preserving existing heritage stock.

CONCLUSION

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

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(c) 1998 City of Vancouver