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. * * *