ADMINISTRATIVE REPORT

Date: March 27, 2000
Author/Local: MG Thomson /7329

RTS # 01374

CC File No. 5753

Council: April 18, 2000

TO:	Vancouver City Council
FROM:	General Manager of Engineering Services
SUBJECT:	656-658 Union Street - Proposed Closure of a Portion of Union Street

RECOMMENDATION

A. THAT Council authorize the Director of Legal Services to sign on behalf of the City, a Reference Plan attested to by Brian W. Collins, B.C.L.S., on February 17, 2000, marginally numbered 98-666E/1, defining the horizontal limits of the encroachments onto Union Sreet (a reduced copy of which is attached as Appendix "A"), by the building at 656-658 Union Street and apply to raise title to the portion of Union Street, defined on the said Reference Plan, in the name of the City of Vancouver.

B. THAT all those volumetric portions of Union Street included within the heavy outline and illustrated isometrically on a plan of survey, certified correct on the 17th day of February, 2000 by Brian W. Collins, B.C.L.S., and marginally numbered 98-666E, a reduced copy of which is attached as Appendix "B", be closed, stopped-up and that an easement be granted to the owner of abutting Lot C, Block 101, District Lot 196, Plan LMP 45455, to contain the portions of the existing building which encroach onto Union Street. The easement to be for the life of the encroaching portion of the existing building Lot C, and to be to the satisfaction of the Director of Legal Services.

C. THAT the fees for document preparation, registration and use of the easement referred to in Recommendation "B", 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 this portion of Union 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 municipally designated heritage building which is listed as a category "B" 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 656 - 658 Union Street.

BACKGROUND

On April 18, 2000, Council approved the strata title conversion of the building at 656 - 658 Union 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 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 portion of Union Street, dedicated by the deposit of Plan 196, that is encroached upon.

DISCUSSION

On the Union Street side of Lot C, Block 101, District Lot 196, Plan LMP 45455, a roof-level cornice and other minor architectural features encroach a maximum of 0.58 metres (23 inches). It is necessary to seek Council approval to close, stop-up and to authorize registration of a volumetric easement over the portion of Union Street encroached upon.

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