ADMINISTRATIVE REPORT

Date: November 24,1998
Author/Local: M.G.Thomson/7329

Dept. File No. 000 541

RTS No. 376
CC File No. 5753

TO:	Vancouver City Council
FROM:	General Manager of Engineering Services
SUBJECT:	869 - 871 Beatty Street - Proposed Closure of a Portion of the Westerly Side of Beatty Street, Northerly of Smithe Street and the Lane, Westerly of Beatty Street, Northerly of Smithe Street

RECOMMENDATION

A. THAT Council authorize the Director of Legal Services to sign on behalf of the City a Reference Plan attested to by Grant Butler, B.C.L.S. on November 17, 1998, marginally numbered DWG: 2245-3 (a reduced copy of which is attached hereto as Appendix "A") defining the horizontal limits of the encroachments onto the westerly side of Beatty Street, northerly of Smithe Street and the lane westerly of Beatty Street, northerly of Smithe Street, by the building at 869 - 871 Beatty Street and apply to raise a title to the portion of Beatty Street and the portion of lane defined on the said Reference Plan in the name of the City of Vancouver.

B. THAT all those volumetric portions of the westerly side of Beatty Street northerly of Smithe Street included within the heavy outline and illustrated isometrically on a plan of survey, certified correct on the 17th day of November 1998 by Grant Butler, B.C.L.S. and marginally numbered DWG: 2245-2 (a reduced copy of which is attached hereto as Appendix "B") be closed, stopped-up and that an easement be granted to the owner of abutting Lot B, Block 68, District Lot 541, Plan VAP23202 to contain the portions of the existing building which encroach onto Beatty Street. The easement to be for the life of the encroaching portion of the existing building on said Lot B, and to be to the satisfaction of the Director of Legal Services.

C. THAT all those volumetric portions of the lane westerly of Beatty Street, northerly of Smithe Street including within the heavy outline and illustrated isometrically on a plan of survey, certified correct on the 17th day of November 1998 by Grant Butler, B.C.L.S. and marginally numbered DWG: 2245-2 (a reduced copy of which is attached hereto as Appendix "B") be closed, stopped-up and that an easement be granted to the owner of abutting Lot B, Block 68, District Lot 541, Plan VAP23202 to contain the portions of the existing building which encroach onto the said portion of lane. The easement to be for the life of the encroaching portion of the existing building on said Lot B, and to be to the satisfaction of the Director of Legal Services.

D. THAT the fees for document preparation, registration and use of the easements referred to in Recommendations "B" and "C" 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 Beatty Street and the lane westerly of Beatty Street, northerly of Smithe 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 subject property contains a building which is listed as a category "C" on the Vancouver Heritage Register. 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 869 - 871 Beatty Street.

BACKGROUND

On January 20, 1998, Council approved the strata title conversion of the building at 869 -871 Beatty 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 and/or lane containing the encroachments must be closed, stopped-up, and an easement granted for the volumetric portions of the building that encroach. It will be necessary to raise a title for the portions of the westerly side of Beatty Street, northerly of Smithe Street and the lane westerly of Beatty Street, northerly of Smithe Street, both dedicated by the deposit of Plan 2565 that are encroached upon.

DISCUSSION

On the Beatty Street side of Lot B, Block 68, District Lot 541, Plan VAP 23202, there are a series of window sills that encroach a maximum of 0.10 metres (4 inches). At the rear of Lot B, the building facade, window sills and other minor features encroach onto the lane a maximum of 0.23 metres (9 inches). The encroachments run from a few feet above grade to the roof level.

The extent of the encroachments has been marginally increased by the City requirement for a rain screen to protect the building from leaks. Additionally, a demountable cornice has been installed at the roof level along Beatty Street. As this feature is removable, and thus not part of the structure, it will be covered in a standard Encroachment Agreement.

It is necessary to seek Council approval to close, stop-up and to authorize registration of a volumetric easement over portions of the westerly side of Beatty Street, northerly of Smithe Street and the lane westerly of Beatty Street, northerly of Smithe Street.

We are recommending that fees and annual rentals be charged as per the Encroachment By-Law. This is consistent with past Council direction.

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(c) 1998 City of Vancouver