ADMINISTRATIVE REPORT Date: August 31, 1995 Dept. File No.000 185 TO: Vancouver City Council FROM: General Manager of Engineering Services SUBJECT: The Closure and Lease of Portion of the Lane East of Denman Street, North of Robson Street RECOMMENDATION THAT Council close, stop-up and lease to the abutting owner of Lot "C" of Lots 41 and 42, Block 55, District Lot 185, Plan 904, the portion of the lane east of Denman Street, north of Robson Street, shown within the bold outline on the plan attached as Appendix "A", subject to the following conditions: a) The term of the lease to be two years subject to a one month notice of cancellation, if the lease area is required for municipal purposes. b) The rental to be $150.00 per month inclusive of an amount in lieu of taxes, as if levied. c) The lessee shall at all times, provide clear and open public access through the leased premises. d) There shall be no new structures allowed on the premises without the written consent of the General Manager of Engineering Services. e) The City reserves a public utility right-of-way over the entire leased premises. f) All agreements are to be to the satisfaction of the Director of Legal Services. g) No legal right or obligation shall be created, and none shall arise hereafter, until the documents are executed. COUNCIL POLICY The authority for closing and disposing of streets and lanes is set out in the Vancouver Charter. PURPOSE This report seeks Council approval of the closure and lease of a portion of the lane east of Denman Street, north of Robson Street. BACKGROUND Alley Cat Rentals has been operating a small bicycle and roller-blade rental business at the rear of the building located at 1781-1785 Robson Street. Their operations involved use of a portion of the 10 foot wide City lane which is not open to vehicular traffic, but is used as a pedestrian connection between Robson Street and the lane north of Robson Street. They did not lease any portion of the lane from the City. The Planning Department refused to issue a permit for Alley Cat's use of the rear of this building, because it did not meet Section 10.4 of the Zoning and Development By-law, which requires principal pedestrian access to every principal building and every principal use to be directly from a street, and the building is deficient five parking spaces. Alley Cat Rentals and the building owner were in the process of appealing the refusal to the Board of Variance when it was suggested that if they could lease the portion of the abutting lane from the City, their principal access to their operation could be considered as coming directly off the street. They would still be deficient in parking and therefore, Engineering would only support this relaxation if the development permit was limited to a two year period. This and the cancellation provisions proposed for the lease, would allow staff to monitor their performance and any neighbourhood complaints with regard to parking. Also, there are concerns with this building with respect to the Building Code. The limited term and cancellation provisions will allow staff to terminate the lease, should these problems not be addressed. The building owner applied to the Engineering Department to lease the abutting portion of lane and submitted with his request, several letters from nearby residents and business owners, giving strong support for the Alley Cat Rentals' use of the site. DISCUSSION The Alley Cat operation in the lane has existed for some time now, and has had a positive effect on the condition of the lane. According to the neighbours, their presence has improved security and cleanliness at the rear of the buildings. This area had been experiencing problems with loitering, etc., which the neighbours attributed to the presence of the liquor store across Robson Street. CONCLUSION The primary use for the subject portion of lane is for pedestrian movement. If the use of the lane by Alley Cat can improve the safety and cleanliness in the lane, while not impeding the use of the pedestrian route, we are prepared to recommend the lease to Council, subject to the terms set out in the recommendation. * * * * *