ADMINISTRATIVE REPORT Date: November 7, 1995 Dept. File No.000 541 TO: Vancouver City Council FROM: General Manager of Engineering Services SUBJECT: 1178 Hamilton Street - Proposed Closure of a Portion of Hamilton Street, Mainland Street and Davie Street RECOMMENDATION A. THAT all those volumetric portions of Hamilton Street, Mainland Street and Davie Street included within the heavy outlines and illustrated isometrically on a plan of survey, completed on the 11th day of May, 1995, and certified correct by Johnson Tam, B.C.L.S., and marginally numbered SV-147, 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 A, Block 76, District Lot 541, Plan LMP * , to contain the portions of the existing building which encroach onto Hamilton Street, Mainland Street and Davie Street. 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. 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 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. -------------------------------------------------- * Plan number to be determined after registration. The building in question is a municipally designated heritage building. 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 1178 Hamilton Street. BACKGROUND Earlier this day, Council approved the strata title conversion of the 5-storey building at 1178 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. 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 titles for the portions of Hamilton Street, Mainland Street and Davie Street that contain the encroachments. DISCUSSION On the Hamilton Street and Davie Street sides of Lot A, Block 76, District Lot 541, Plan LMP * , the facade of the building encroaches from the ground to the roof a maximum of 0.10 metres (4 inches). In addition, there is a cornice at the roof level that encroaches a maximum of 0.914 metres (36 inches). On the Mainland Street side of Lot A, there is a cornice at the roof level that encroaches a maximum of 0.914 metres (36 inches). There are four titles, in the name of the City, that exist for the portions of Hamilton Street, Mainland Street and Davie Street, that are encroached upon. That part -------------------------------------------------- * Plan number to be determined after registration. of Lot K shown coloured yellow on Plan 4959, Block 76, D.L. 541, Plan 3469 (Hamilton Street) and Lot E, except part coloured yellow on Plan 4959, Block 76, D.L. 541, Plan 3469 (Davie Street), were established as road by Council Resolution in 1920. Those portions of Lot L in Explanatory Plan 17265, Block 76, D.L. 541, Plan 3469 (a small portion of Mainland Street), was established as road by Council Resolution in 1984. Lot L, except (A) portions in Plans 4544 and 21741 (B) portions coloured yellow on Plan 4959 (C), part in Explanatory Plan 17265, Block 76, D.L. 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 titles already exist, it is 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. * * * * *