ADMINISTRATIVE REPORT Date: June 26, 1995 Dept. File No. AMH TO: Vancouver City Council FROM: Associate Director of Planning, Land Use and Development SUBJECT: Re-Approval of Strata Title Conversion - 869-883 East Hastings Street RECOMMENDATION A. THAT the application to convert the premises at 869-883 East Hastings Street (Lot C, Block 61, D.L. 181, Plan 13940) to strata title ownership be re-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 re-approval in principle: Completion of all work required by the City Building Inspector, under the required permits, at no cost to the City, and issuance of an Occupancy Permit, in order that this previously-occupied building substantially complies with all relevant 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 which Council will consider in reviewing applications for converting previously-occupied buildings to strata title or cooperative ownership. PURPOSE Council re-approval is requested for the application to convert the previously-occupied building at 869-883 East Hastings Street (Lot C, Block 61, D.L. 181, Plan 13940) to strata title ownership. BACKGROUND The site is zoned M-1 and is developed with a three-storey building, constructed in 1984, consisting of retail uses on the main floor and offices above. The location of the building is illustrated in Figure 1, below. Figure 1 On June 14, 1994, Council granted approval in principle to an application to convert this building to 21 strata lots, subject to completion of upgrading work required by the City Building Inspector and issuance of an Occupancy Permit. That condition has not been satisfied, and pursuant to Council's policy, the approval in principle lapsed on June 14, 1995. On June 21, 1995, the architect for the project submitted a request for Council's re-approval in principle, to be valid for a further year. The architect has advised staff that he has been unable to complete the required renovations of the building due to his difficulty in gathering information on the original construction methods in the building and performing new calculations with respect to loading and seismic restraint. The architect also cites a delay in the processing of the building permit application for the upgrading work as a reason that the applicant has been unable to complete Council's condition of approval within the one-year time period given. STAFF ANALYSIS The intent in establishing the one-year limit for completion of Council- imposed conditions was not to necessarily expect that-in every instance, all conditions of approval could be completed within a year. Rather, the intent was to terminate approvals in principle where applicants clearly had no plans to proceed toward final approval by completing the required works. Staff were concerned that either revisions to relevant City by-laws or the possible introduction of new tenants who were not aware of the strata title approval in principle, could make the approval in principle passe. Strict interpretation of Council's policy would lead to requiring that the applicant submit a new application for the strata title conversion, as the request for re-approval was not received within the one-year time period when Council's approval in principle was valid. However, this is not a residential building where new tenants may have been introduced without being made aware of the conversion proposal. Further, given that the applicant submitted an application for a building permit in March and that it is now in process, the City Building Inspector does not believe that a new strata title conversion application, requiring payment of a fee and completion of new inspections, is warranted. All inspections of the necessary work will be completed under the auspices of the permits which will be issued. Due to the extensive nature of the renovations which are to be carried out in the building, the City Building Inspector supports the request for re-approval, to be valid for a further one-year period. CONCLUSION Based on the foregoing, the Associate Director of Planning - Land use and Development, supports this application for re-approval. * * * * * * *