ADMINISTRATIVE REPORT Date: November 9, 1995 Dept. File No. 000 541 TO: Vancouver City Council FROM: General Manager of Engineering Services SUBJECT: 1080 Mainland - Proposed Closure of a Portion of Mainland Street and a Portion of the Lane Southeasterly of Mainland Street, Southwesterly from Nelson Street RECOMMENDATION A. THAT Council authorize the Director of Legal Services to sign on behalf of the City a Reference Plan (see Appendix A) defining the horizontal limits of the encroachments onto the lane by the building at 1080 Mainland Street and apply to raise title to the portion of lane defined on the said Reference Plan in the name of the City of Vancouver. B. THAT all that volumetric portion of Mainland Street (part of Lot L shown coloured yellow on Plan 4959, Block 76, D.L. 541, Plan 3469) and all that volumetric portion of the lane southeasterly of Mainland Street, southwesterly from Nelson Street included within the heavy outlines and illustrated isometrically on a plan of survey completed on the 27th day of October 1995, and certified correct by J.J. Ward, B.C.L.S. and marginally numbered 2112 05928-2, a reduced copy of which is attached hereto as Appendix B, be closed, stopped-up, and that an easement be granted to the owner of abutting Lot A, Block 76, District Lot 541, Plan 20672, to contain portions of the existing building which encroach onto Mainland Street and the said lane. The easement to be for the life of the encroaching portion of the existing building on said Lot A, and to be to the satisfaction of the Director of Legal Services. C. THAT the fees for document preparation, registration and use of the easement referred to in Recommenda-tion B, are to be in accordance with those charged for in 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 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 1080 Mainland. BACKGROUND Council has approved the strata title conversion of the 5-storey building at 1080 Mainland 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. To accomplish this, the volumetric portion of street or lane containing the encroachments must be closed, stopped-up, and an easement granted for the volumetric portions of the building that encroach. In this case, the City already has a title for the portion of Mainland Street that contain the encroachments. DISCUSSION On the Mainland Street side of Lot A, Block 76, D.L. 54l, Plan 20672 the facade of the building encroaches a maximum of 0.05 meters (2 inches and there is a cornice at the roof level that encroaches a maximum of 0.60 metres (2 feet). Along the lane the building facade encroaches a maximum of 0.10 meters (4 inches) and there is a cornice at the roof level that encroaches a maximum of 0.70 meters (2 feet 4 inches). A title (that part of Lot L shown coloured yellow on Plan 4959, Block 76, D.L. 541, Plan 3469) exists for the portion of Mainland Street encroached upon. The said part of Lot L was established as road by Council Resolution in 1920. The portion of the lane southeasterly of Mainland Street, southwesterly from Nelson Street adjacent to said Lot A was dedicated by the deposit of Plan 20128 in 1984. It is necessary to raise a title for the said portion of lane. This report seeks that authority and Council approval to close, stop-up, and to authorize registration of a volumetric easement over a portion of the existing and new 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. * * * * *