ADMINISTRATIVE REPORT
Date: November 8, 1995
Dept. File No. GL
TO: Vancouver City Council
FROM: Director of Land Use and Development
SUBJECT: Strata Title Conversion - 1080 Mainland Street
RECOMMENDATION
THAT the application to convert the previously-occupied building at
1080 Mainland Street (Lot A, Block 76, D.L. 541, Plan 20672) to
strata title ownership be 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 conditions have
been met within one year of the date of this approval:
1. Completion of all work required by the City Building
Inspector, under the required permits, at no cost to the City,
in order that this previously-occupied building substantially
complies with all relevant by-laws; and
2. Approval of a Minor Amendment to Development Permit No.
DP207550, to authorize a change of use for the 4th and
Penthouse floors of this building, from residential to office
use.
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 approval is required for an application to convert the
previously-occupied building at 1080 Mainland Street (Lot A, Block 76,
D.L. 541, Plan 20672) to strata title ownership.
BACKGROUND
The site is zoned HA-3 and is developed with a four-storey plus
penthouse, mixed-use office and retail building. The fourth floor and
penthouse were added to the original building in 1986. Pursuant to
Development Permit No. DP207550, issued August 19, 1988, the building
was substantially upgraded, including sprinklering, to allow for a
mixed-use development containing retail, restaurant, office and
residential uses. Although the fourth floor and penthouse were approved
for residential use, there have never been residential tenancies in the
building.
Although a formal change of use has never been approved, the applicant
has advised staff that the 2nd to 4th floors and the penthouse are fully
occupied by commercial tenants. In order to validate the use of the 4th
and penthouse floors for office purposes, a Minor Amendment to the
development permit will be required.
In accordance with Council's policy regarding non-residential tenants,
the commercial tenants were notified by Planning staff, of the owners
intent to convert to strata title. No comments were received.
The applicant proposes to create a total of ninety-six commercial strata
lots. In addition, the applicant proposes that sixty-five parking
stalls on the basement and ground floor levels be designated on the
strata plan as Limited Common Property, for the exclusive use of
particular strata lots. Six visitor parking stalls on the basement
level are to be designated as Common Property on the strata plan.The
site location is shown below in Figure 1:
Figure 1
STAFF ANALYSIS
In addition to Planning Department staff, the City Engineer and the City
Building Inspector have reviewed this application. As the building has
not previously been used for residential purposes, the Manager of the
Housing Centre has not been asked to comment.
The City Engineer advises that execution of a long term lease for minor
encroachments of the building's facades and cornices over Mainland
Street and the lane east of Mainland Street will be required prior to
the strata plans being deposited in the Land Title Office. This
requirement will be addressed in a subsequent report to Council. The
City Engineer has no servicing or dedication requirements for this
site.The City Building Inspector reports that trades permits will be
required for additional/modified sprinkler, building and plumbing work.
Once all work has been completed in accordance with these permits, this
building will substantially comply with all relevant by-laws.
The Director of Land Use and Development reports that a Minor Amendment
to Development Permit No. DP207550 is necessary to validate the use of
the 4th and penthouse floors of this building for office purposes.
CONCLUSION
Based on the foregoing, and on the applicant's compliance with the
City's Strata Title and Cooperative Conversion Guidelines, the Director
of Land Use and Development supports this application, subject to the
conditions noted in the recommendation.
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