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.



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     * 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                                                      
              
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     * 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.



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