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ADMINISTRATIVE REPORT

	Date: January 29, 1998
	Author/Local: GLougheed/7721
	CC File No.: 5311

TO:	Vancouver City Council
FROM:	Director of Land Use and Development
SUBJECT:	Strata Title Conversion - 638 and 644 Hawks Avenue

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RECOMMENDATION

THAT the application to convert the previously-occupied buildings at 638 and 644 Hawks Avenue (Parcel A, Block 82, D.L. 181, Plan LMP28640) to strata title ownership be approved.

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 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 buildings at 638 and 644 Hawks Avenue (Parcel A, Block 82, D.L. 181, Plan LMP28640) to strata title ownership.

BACKGROUND

The site is zoned RT-3 and is developed with two municipally designated heritage buildings, built circa 1905, which are listed as category ‘B’ in the Vancouver Heritage Register. The site also contains a new two-family dwelling, constructed pursuant to Development Permit No. DE400777 and Building Permit No. BU403531.

The dwelling at 638 Hawks Avenue, which was partially damaged by fire in 1995, has been repaired, altered and upgraded, pursuant to Development and Building Permit No. DB400749 and Building Permit No. BU403382. The dwelling at 644 Hawks Avenue has been altered and upgraded pursuant to Building Permit No. BU403333. Work on the three buildings has now been completed. The applicant proposes to create a total of four strata lots in the three buildings. Pursuant to Section 9 of the Condominium Act, Council’s approval is required only as it relates to the previously-occupied buildings.

On September 10, 1996, Council granted approval "in principle" to an application to convert the two previously-occupied buildings on this site to strata title. The approval in principle was subject to completion of one condition, which required that all upgrading work be completed to the satisfaction of the City Building Inspector, in order that the two heritage buildings substantially comply with all relevant City by-laws. The upgrading work was not completed within one year of the approval in principle and as per Council policy, that approval in principle lapsed in September, 1997. Now that the work has been completed, the applicant has requested that Council again grant approval to the strata title conversion.

The site location is shown below in Figure 1.

Figure 1

STAFF ANALYSIS

The intent in establishing the one-year limit for completion of Council-imposed conditions was not to necessarily expect that in every instance, all conditions of approval could be completed within a year. Rather, the intent was to terminate approvals in principle where applicants clearly had no plans to proceed toward final approval by completing the required work. In this case, the required work has been completed, and a strata plan for the site has now been prepared and submitted.

The Manager of the Building Inspection Branch has confirmed that all required upgrading work has been completed, and on this basis, supports the recommendation of approval, without conditions. As a result, it is approval, which will enable immediate approval of the strata plan, and not re-approval that is sought.

CONCLUSION

Based on the foregoing, the Director of Land Use and Development supports this application. * * * * *

(c) 1997 City of Vancouver