148-8444
148-9640

Lane Paving
lane south of 10th Avenue
from Commercial Drive to Victoria Drive

R E S O L U T I O N

MOVED by Councillor

SECONDED by Councillor

WHEREAS a lane paving project in respect of a lane south of 10th Avenue from Commercial Drive to Victoria Drive (hereinafter called the "project") was advanced as a local improvement by petition to a Court of Revision on December 1, 1998 and was approved by Council on that date, to be paid for in part by special assessment upon the real property to be benefited thereby;

AND WHEREAS the project has now been certified by the City Engineer as completed and the By-law assessing the benefitting properties for the costs of the project has been passed;

AND WHEREAS on July 27, 1976, Council passed a resolution approving the adoption of a standing policy in regard to the provision of special relief, in certain circumstances, as follows:

"A. Council adopt a standing policy of giving special relief as follows with respect to lane paving local improvements where properties are used residentially but zoned for higher use:

1. the relief to be such that they pay only one-half of the rate for their zoning;

2. the relief to be limited to owner-occupied single-family dwellings, the ownership of which precedes the assessment of the local improvement;

3. the relief to be given on a year-to-year basis as long as the properties remain eligible;

4. the relief to commence with projects placed on the Tax Roll in 1977.

B. The Collector of Taxes be instructed to bring forward each year the list of properties in a formal resolution under Section 67 of By-law 3614 as amended, to give effect to this policy.";

AND WHEREAS on November 9, 1982, Council passed a further resolution supplementing the aforesaid policy as follows:

"That current special relief policies for local improvements remain in effect except that property owners rates not be adjusted lower than residential rates.";
AND WHEREAS on March 8, 1983, Council passed a resolution which amended portions of the earlier resolutions as follows:

"THAT special relief applied to people owning and occupying single-family dwellings in higher zoned areas, ownership of which precedes the local improvement, as cited in Clause No. 2 of the City Manager's report dated January 18, 1983, be amended such that ownership of property preceding the local improvement is not a condition of relief.";

AND WHEREAS on April 25, 1989, Council passed a resolution which amended portions of the earlier resolution as follows:

"B. THAT with respect to all qualifying properties ... the reduction in taxes for 1989 and all succeeding years shall be for the remainder of the term of the By-law imposing the local improvement tax unless a condition set out in the resolution providing relief is no longer satisfied, in which case the reduction in taxes shall no longer be available for the taxation year next following, and Council's instruction to the Collector of Taxes regarding such reduced taxes shall become null and void.";

AND WHEREAS on August 2, 1990, Council passed a resolution extending the granting of special relief to property located at 2294 McLean Drive to "other properties having similar conditions in future projects";

AND WHEREAS the special relief referred to and approved by Council was based on the relief approved by Council on March 8, 1983 for local improvements in the West End, such relief being as follows:

"(a) THAT Council approve the additional special relief to owner-occupied multiple conversion dwellings having no more than four suites including theowner's suites affected by the West End Improvement Project (east of Denman), according to the relief formula set out in the City Manager's report dated February 9, 1983";

AND WHEREAS the annual special rate levied by the By-law imposing the local improvement tax expires in 2014;

AND WHEREAS Lot 44 of A and B, Block 162, District Lot 264A, Plans 222 and 1771 abuts the project and contains an owner-occupied single-family dwelling and Lot 21 of C and D, Block 162, District Lot 264A, Plans 1059 and 1771 abuts the project and contains an owner-occupied multiple conversion two-family dwelling (hereinafter called the "lots");

AND WHEREAS the owners of the lots have applied for special relief by way of a reduction in taxes;

AND WHEREAS the lots are zoned RM-4 (Multiple Dwelling District) under the Zoning and Development By-law;

AND WHEREAS the Collector of Taxes is satisfied that the lots are eligible, under the provisions of the resolutions of Council cited herein, for the relief requested;

AND WHEREAS a special annual assessment for the said project imposed on the lots for a period of fifteen (15) years if assessed as RM-4 (Multiple Residential District) would be $301.44 in the case of Lot 44 of A and B and $198.95 is the case of Lot 21 of C and D;

BE IT THEREFORE RESOLVED that for the foregoing reasons Council, by not less than two-thirds of all its members, hereby deems and declares that the lots are especially, inequitably or unjustly affected by such special assessment and, having met the criteria required by the resolutions cited herein, shall be subject to a reduced special assessment for the year 2000 and each subsequent year up to and including 2014 of $163.37 in the case of Lot 44 of A and B and $138.20 in the case of Lot 21 of C and D and hereby directs the Collector of Taxes, so long as the Collector is satisfied that the lots remain eligible, to enter onto the Tax Rolls against the lots the amount of the reduced special assessment. The difference between the said amounts shall be provided out of the general funds of the City.

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(c) 1998 City of Vancouver