ADMINISTRATIVE REPORT

                                           Date:  January 25, 1996
                                           Dept. File No.  GL


   TO:       Vancouver City Council

   FROM:     Director of Land Use and Development

   SUBJECT:  Strata Title Conversion - 1831-1839 West 14th Avenue


   RECOMMENDATION

        THAT the application to convert the previously-occupied building at
        1831-1839  West 14th  Avenue  (Now Strata  Lots 1  to 5,  D.L. 526,
        Strata  Plan  VR2225) 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 condition has been  met within one year of the
        date of this approval:

             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.


   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  outlines  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 1831-1839 West 14th  Avenue (Now Strata
   Lots 1 to 5, D.L. 526, Strata Plan VR2225) to strata title ownership.
   BACKGROUND

   The  site is  zoned  RT-8 and  is developed  with a  multiple conversion
   dwelling  containing five dwelling units.  The building was converted to
   strata title ownership in July, 1988, following approval "in  principle"
   by Council in January of that year.

   The strata plan was registered at the Land Title Office, but none of the
   strata lots have ever been sold.   All five units remain tenant occupied
   and under a single ownership.

   Laundry  facilities  serving  all of  the  units  of  this building  are
   contained in the basement and are designated  as Common Property (CP) on
   the strata plan.  In 1995, the owner decided to renovate the building to
   provide laundry facilities within each strata lot.  He further wanted to
   divide the current  laundry area  (CP) between the  two existing  strata
   lots on the basement level.

   The  Condominium Act does  not, however, allow  for an  amendment to the

   existing strata plan  in order  to convert Common  Property into  strata
   lots.  Therefore, the  owner must proceed with a  "deemed destruction of
   the  building" to extinguish  the current strata  plan, and subsequently
   file a new strata plan containing the revised strata lot configurations.
   In a recent case, the  Supreme Court of B.C. decided that, as there is a
   moment in  time between the  extinguishment and the  deposit of  the new
   plan where no strata  plan will be in  place, this process amounts to  a
   "conversion into  strata lots of a previously-occupied building", and is
   therefore subject to the  provisions of Section 9 of the Condominium Act
   (i.e., approval by Council as the approving authority).

   As noted above, the building is presently operated as a rental property,
   and is fully occupied.  Each of the tenants has signed a Tenant Response
   Form  indicating  their  support   for  the  proposed  "conversion",  in
   accordance  with  Council's  Strata  Title  and  Cooperative  Conversion
   Guidelines.   In addition, the  City Building Inspector  has carried out
   inspections of the building.

   The  building  is  presently  undergoing the  renovations  necessary  to
   provide  the  separate  laundry  facilities  for  each  strata  lot,  in
   accordance with Building Permit No. BU401365.
   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.  Given the nature of
   the application, the Manager of the Housing Centre has not been asked to
   comment.

   The City Engineer has  no dedication or servicing requirements  for this
   site.

   The City Building Inspector  reports that in addition to  the renovation
   work directly related to the laundry facility relocations, several other
   matters must be addressed before this building will substantially comply
   with all relevant City by-laws.

   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.

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