ADMINISTRATIVE REPORT

Date: December 22, 1999
Author/Local: GLougheed/7721
RTS No. 1195
CC File No. 5311

Council: January 11, 2000

TO:	Vancouver City Council
FROM:	Subdivision and Strata Title Coordinator
SUBJECT:	Strata Title Conversion - 1072 Hamilton Street

RECOMMENDATION

THAT the application to convert the previously-occupied building at 1072 Hamilton Street (Parcel G, Block 76, D.L. 541, Plan LMP40210) 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 the date of this approval:

Completion of all work in accordance with the approved plans and permits, 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 1072 Hamilton Street (Parcel G, Block 76, D.L. 541, Plan LMP40210) to strata title ownership.

BACKGROUND

The site is zoned HA-3 and is developed with a four-storey building, which formerly contained wholesale, warehouse and ancillary office uses. The site location is shown in Firgure 1, on file in the City Clerk's Office.

Development and Building Permits were issued in 1998, allowing for extensive interior and exterior alterations to the building, including the addition of two floors, and permitting the change of use of the building to allow: retail uses on the first floor; office uses on the second floor; and residential use (32 dwelling units) on the third through sixth floors. One level of underground parking is also provided. Renovation work is now nearing completion. The applicant proposes to create 32 residential strata lots and 24 commercial strata lots (56 in total).

The building was purchased by the current owner in August, 1998. According to the notarized declaration submitted with this application, only one commercial tenant was occupying a portion of the building at that time. By October, that commercial tenant had vacated the building, and the renovation work began in November, 1998. The building has never been used for habitable (residential) accommodation.

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 Hamilton and Mainland Streets. Registration of volumetric easements 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 Guidelines, the Subdivision and Strata Title Coordinator supports this application.

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