ADMINISTRATION REPORT

Date: July 6, 1998
Author/Local: JFranko/7102
CC File No.5311

TO:	Vancouver City Council
FROM:	Subdivision and Strata Title Coordinator
SUBJECT:	Re-approval of Strata Title Conversion - 611 Main Street

RECOMMENDATION

THAT the application to convert the previously-occupied building at 611 Main Street (Lots 1 to 5, Block 18, D.L. 196, Plan 184) to strata title ownership be approved.

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 approval is required for an application to convert the previously-occupied building at 611 Main Street (Lots 1 to 5, Block 18, D.L. 196, Plan 184) to strata title ownership.

BACKGROUND

The site is zoned HA-1 and is developed with a three-storey commercial building, with two levels of underground parking, constructed in 1970. The building consists of retail and office uses on the first and second floors, a casino on the third floor and a public parking garage on the two underground levels. The location of the site is shown on the next page in Figure No. l.

Figure No. 1

Council granted approval in principle to an application to convert this building to 24 strata lots on December 13, 1994, and granted re-approval to the same proposal on January 11, 1996, and again on June 3, 1997. The applicant had been unable to complete the condition of approval (completion of significant upgrading work) within the periods established by Council. The most recent approval in principle lapsed June 3, 1998.

This applicant has now submitted the strata plan for the site which, because the approval in principle has lapsed, constitutes a new application for Council’s consideration.

The strata plan reflects alterations to the office space on the second floor of the building, pursuant to Building Permit No. BU407161 and now indicates a total of 25 commercial strata lots being created.

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 Main Street, the owners have completed the extensive upgrading work to the building and, in fact, have occupied it. The subsequent minor building permits which were outstanding because of unresolved licensing issues, have now been cleared. The City Building Inspector reports that the building has now been upgraded as required, in order to bring it into substantial compliance with all relevant City by-laws.

Even if Council’s time limit had not lapsed, the Law Department has advised that on the basis of Section 9 of the Condominium Act, any changes to the strata plan proposed following Council’s approval in principle, such as an increase or reduction in the number of strata lots, must be reported back to Council for reconsideration. The proposal to create 25 strata lots, instead of the earlier proposal of 24, constitutes such a change. Council’s approval in principle of a strata title conversion application constitutes approval of the strata plan, which is then signed by the Approving Officer on Council’s behalf, once any conditions established by Council have been completed.

CONCLUSION

As the upgrading work earlier required by Council has now been completed and the increase in the number of offices has been authorized by the necessary permits, the Subdivision and Strata Title Coordinator supports this application to convert this previously-occupied commercial building to 25 strata lots.

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(c) 1998 City of Vancouver