Strata Title Conversion - 440 Cambie Street

ADMINISTRATIVE REPORT

Date: September 15, 1998

Author/Local: AHigginson/7556

CC File No. 5311

TO: Vancouver City Council

FROM: Subdivision and Strata Title Coordinator

SUBJECT: Strata Title Conversion - 440 Cambie Street

RECOMMENDATION

THAT the revised application to convert the previously-occupied building at 440 Cambie Street (Lot C, Block 28, D.L. 541, Plan LMP 35118) to a 27-unit strata title ownership be approved.

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 outlines factors which Council will consider in reviewing applications for converting previously-occupied buildings to strata title or cooperative ownership.

PURPOSE

Council's approval is required for a revised application to convert the previously-occupied building at 440 Cambie Street (Lot C, Block 28, D.L. 541, Plan LMP 35118) 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 in Figure 1, below.

Figure 1

Pursuant to Section 9 of the Condominium Act, when Council, as the "approving authority" favourably considers the conversion of a previously-occupied building into strata lots, they are actually approving the "strata plan", which is then subsequently signed by the Approving Officer on their behalf, once any conditions have been met. The City's Law Department has advised that any change to the plan, by either adding or deleting strata lots, or altering the configuration of the Common Property that has been approved, requires Council's reconsideration.

An application to convert this building to a 26-unit strata title ownership was granted approval "in principle" by Council on June 3, 1997, subject to completion of several conditions, including:

· issuance of Development and Building Permits authorizing the proposed alterations to the building;
· completion of the renovation work; and
· resolution of issues relating to existing areaways abutting the site and the service tunnel beneath the lane at the rear of the site.

The permits were issued and renovation work completed, within the one-year time period that Council's approval in principle is valid. However, the legal documentation needed for the areaways and tunnel could not be completed within that time, and on June 23, 1998, Council granted re-approval to the application, again to create 26 strata lots, to be valid for a further six month period. Those documents are now being finalized.

When the survey strata plan was submitted earlier this month for review prior to signature by the Approving Officer, it was evident that an additional strata lot was proposed - 27 instead of 26.

Although it appears that a different number of strata lots had been contemplated by the applicant for some time, this change had not been communicated to staff in the Subdivision and Strata Title group. The applicant was unaware of the significance of Council approving a specified number of strata lots, based on their submitted concept plan, as opposed to an approval of the principle of converting the building to strata title.

ANALYSIS

The addition of one additional strata lot/office does not impact on either the Development or Building Permits as issued as unit count is not material to the review. It appears to be only through a misunderstanding that the number was not clarified and corrected much sooner. As the building has been vacant for a considerable period of time while the renovations were being completed, there are no tenants who would be affected in any way by this minor change to the strata plan. Conversely, the owners have indicated that there will be significant financial implications if the strata plan can not be registered as now proposed.

CONCLUSION

Given that the applicants have complied with all other requirements of the City's Strata Title and Cooperative Conversion Guidelines, the Subdivision and Strata Title Coordinator recommends approval of this revised application to create a total of 27 strata lots.

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