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ADMINISTRATIVE REPORT

Date: September 17, 1997

Dept. File No. AMH

C.C. File No. 5311

TO: Vancouver City Council

FROM:Director of Land Use and Development

SUBJECT:Strata Title Conversion - 1228 Hamilton Street

RECOMMENDATION

THAT the application to convert the previously-occupied building at 1228 Hamilton Street (Lot 18 Amended, Block 76, D.L. 541, Plan 3469) 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 the work currently underway, in accordance with the approved plans and permits, and issuance of an Occupancy Permit, to the satisfaction of the City Building Inspector and at no cost to the City, in order that this 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 outline factors 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 1228 Hamilton Street (Lot 18 Amended, Block 76, D.L. 541, Plan 3469) to strata title ownership.

BACKGROUND

The site is zoned HA-3 and is developed with a five-storey building, formerly used for warehouse and wholesaling purposes. The building is undergoing substantial interior and exterior alterations and a change of use to restaurant on the first floor and general office use on the second through fifth floors, in accordance with Development Permit No. DE401280 and Building Permit No. BU403941. The owner intends to create a total of 20 commercial strata lots in the building. The underground parking area is shown designated as "Common Property" on the strata plan which has been submitted.

The applicant has stated in their notarized declaration that the building has been vacant since September 1996, when it was purchased by the current owner. There is no record that the building was ever used for residential accommodation.

The site location is shown in Figure 1, below.

Figure 1

STAFF ANALYSIS

In addition to Planning Department staff, the City Engineer and the City Building Inspector have reviewed this application. As the building contains only commercial uses, the Manager of the Housing Centre has not been asked to comment.

The City Engineer reports that there are no dedication or servicing requirements for this site. The City Engineer reports, however, that portions of the building encroach onto Hamilton Street. Registration of a volumetric easement to contain the encroachments will be required prior to the strata plan being registered in the Land Title Office. This requirement will be addressed in a subsequent report to Council from the City Engineer. The City Engineer has indicated support for the volumetric easements.

The City Building Inspector reports that when all work has been completed in accordance with the approved plans and permits, and an Occupancy Permit has been issued, this previously-occupied 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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(c) 1997 City of Vancouver