A2
ADMINISTRATIVE REPORT
Date: February 20, 1996
Dept. File No.000 541
TO: Vancouver City Council
FROM: General Manager of Engineering Services
SUBJECT: Proposed Closure of a Portion of Street
and Portion of Lane Easterly - 518 Beatty Street
RECOMMENDATION
A. THAT Council authorize the Director of Legal Services to sign
on behalf of the City Reference Plans defining the horizontal
limits of the encroachments onto Beatty Street (see Appendix
A) and onto the lane (see Appendix B), by the building at 518
Beatty Street and apply to raise title to the portions of
Beatty Street and the lane defined on the said Reference
Plans in the name of the City of Vancouver.
B. THAT all that volumetric portion of Beatty Street, southerly
from Pender Street included within the heavy outlines and
illustrated isometrically on a plan of survey completed on
the 25th day of January, 1996, and certified correct by J.M.
Parnell, B.C.L.S. and marginally numbered D-839, a reduced
copy of which is attached hereto as Appendix C, be closed,
stopped-up, and that an easement be granted to the owner of
abutting Lot B, Block 39, District Lot 541, Plan LMP 19253,
to contain portions of the existing building which encroach
onto Beatty Street. The easement to be for the life of the
encroaching portion of the existing building on said Lot B,
and to be to the satisfaction of the Director of Legal
Services.
C. THAT all that volumetric portion of the lane, easterly of
Beatty Street, southerly of Pender Street included within the
heavy outlines and illustrated isometrically on a plan of
survey completed on the 25th day of January, 1996, and
certified correct by J.M. Parnell, B.C.L.S. and marginally
numbered D-840, a reduced copy of which is attached hereto as
Appendix D, be closed, stopped-up, and that an easement be
granted to the owner of abutting
Lot B, Block 39, District Lot 541, Plan LMP 19253, to contain
portions of the existing building which encroach onto the
said lane. The easement to be for the life of the
encroaching portion of the existing building on said Lot B,
and to be to the satisfaction of the Director of Legal Services. D. T
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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 within the Victory Square Planning
area, is municipally designated and listed in the "C" evaluation
category on the Vancouver Heritage Register. 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
518 Beatty Street.
BACKGROUND
Council, on January 30, 1996, approved the strata title conversion of
the building at 518 Beatty Street.
As required by the Registrar of Land Titles, 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. Registration of
the easements requires that titles be raised for the portions of street
and lane encroached upon.
DISCUSSION
On the Beatty Street side of Lot B, Block 39, District Lot 541, Plan
LMP 19253, the facade of the building encroaches a maximum of 0.11
metres (4-1/3 inches) and there are two cornices that encroach a
maximum of 0.39 metres (15-1/3 inches). Along the lane the facade of
the building encroaches a maximum of 0.07 metres (2-3/4 inches). The
portion of Beatty Street encroached upon was dedicated by the deposit
of Plan 210. Plan 210 represents one of the original surveys of the
area easterly of Burrard Street, within the downtown peninsula. The
portion of lane encroached upon was dedicated by the deposit of Plan
23011 in October, 1990.This report seeks Council approval to raise
titles as described and to close, stop-up and to authorize registration
of a volumetric easement over a portion of the new titles.
We recommend that fees for document preparation and annual rentals be
charged as per the Encroachment By-law. This is consistent with past
Council direction.
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