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ADMINISTRATIVE REPORT
Date: May 24, 1995
Dept. File No.000 541
TO: Vancouver City Council
FROM: General Manager of Engineering Services
SUBJECT: 1140-1150 Hamilton Street - Proposed Closure of a
Portion of Hamilton Street and Mainland Street
RECOMMENDATIONS
A. THAT all those volumetric portions of Hamilton Street (part of
Lot K shown yellow on Plan 4959) and all that volumetric
portion of Mainland Street (Lot L, Plan 3469) included within
the heavy outlines and illustrated isometrically on a plan of
survey, completed on the first day of March, 1995, attested to
by D.J. Dyck, B.C.L.S., and marginally numbered 94-1995-V2, a
reduced copy of which is attached hereto as Appendix "A", be
closed, stopped-up, and that an easement be granted to the
owner of abutting Lot 24, Block 76, District Lot 541, Plan
3469, to contain the portions of the existing building which
encroach onto Hamilton Street and Mainland Street. The
easement to be for the life of the encroaching portion of the
existing building on said Lot 24, and to be to the
satisfaction of the Director of Legal Services.
B. THAT the fees for document preparation, registration and use
of the easement referred to in Recommendation "A", are to be
in accordance with those charged for an agreement prepared
pursuant to the Encroachment By-law.
COUNCIL POLICY
The authority for closing and disposing of streets and lanes is set out
in the Vancouver Charter.
The building in question is listed as a "B" category building on the
City's Heritage inventory. In addition, the building is located in
Yaletown, a designated Historic Area. The parcel of land the building
occupies is zoned HA3 (Historic Area). 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 located at
1140-1150 Hamilton Street.BACKGROUND
On May 17, 1994, Council approved the strata title conversion of the 5-
storey building at 1140-1150 Hamilton 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. Since November, 1994, the method to do this has
been that the volumetric portion of street or lane containing the
encroachments must be closed, stopped-up, a title raised to it in the
name of the City, and an easement granted for the volumetric portions of
the building that encroach. In this case, the City already has titles
for the portions of Hamilton Street and Mainland Street that contain the
encroachments.
DISCUSSION
On the Hamilton Street side of Lot 24, Block 76, District Lot 541, Plan
3469, the facade of the building encroaches a maximum of 0.150 metres (6
inches) for an approximate height of 5 feet above the ground level. In
addition, there is a cornice at the roof level that encroaches a maximum
of 0.500 metres (20 inches). A title already exists, in the name of the
City, for this portion of Hamilton Street. That part of Lot K, shown
coloured yellow on Plan 4959, Block 76, District Lot 541, Plan 3469, was
established as road by Council Resolution in 1920, and as such, forms a
portion of Hamilton Street. On the Mainland Street side of Lot 24, the
facade of the building encroaches, from the ground to the roof, a
maximum of 0.100 metres (4 inches). A title already exists, in the name
of the City, for this portion of Mainland Street. Lot L, Block 76,
District Lot 541, Plan 3469, the property commonly identified as the
Yaletown Docks, was established as road by Council Resolution in 1993,
and as such, forms a portion of Mainland Street. As a titles already
exist, it is only necessary to seek Council approval to close, stop-up,
and to authorize registration of a volumetric easement over a portion of
the existing titles.
We are recommending that fees and annual rentals be charged as per the
Encroachment By-law. This is consistent with past Council direction.
We will be reporting to Council shortly on a revised schedule of fees
for this type of agreement.
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