Agenda Index City of Vancouver

ADMINISTRATIVE REPORT

TO: Vancouver City Council

FROM: Subdivision and Strata Title Co-ordinator

SUBJECT: Strata Title Conversion - 2104 East 19th Avenue

RECOMMENDATION

GENERAL MANAGER'S COMMENTS

COUNCIL POLICY

· The RS-1S and RS-5S Strata Title Guidelines, adopted on July 31, 1990 and amended on July 29, 1997, state as follows:

· Council policy is further 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 building at 2104 East 19th Avenue (Parcel C, Blocks 17 and 18, D.L. 195, Plan LMP 37740), to strata title ownership.

Based on a review of the background documentation which resulted in Council's adoption of the RS-1S and RS-5S Strata Title Guidelines, staff have concluded that the Guidelines do not apply to this specific instance, as detailed later in this report.

SITE HISTORY AND FORM OF DEVELOPMENT

The site is zoned RS-1S and is developed with a previously-occupied one-family dwelling, listed as category `B' on the Vancouver Heritage Register, which has recently been rehabilitated both in the interior and exterior. In addition, a new infill one-family dwelling has been constructed on this site. Both buildings have been completed and have received final inspection approval.

The applicant proposes to create two strata lots. The heritage building will comprise one strata lot and the new infill dwelling will comprise the other strata lot. Pursuant to Section 9 of the Condominium Act, Council's approval is only required as it relates to the previously-occupied heritage building.

The City's records indicate that the heritage building was constructed in 1916 and was owned and occupied by members of the Cohoon family from 1917 until 1998, when it was purchased from the estate of the former owner. It is noted as one of the original homes built around Trout Lake Park and is described as a good example of the Craftsman style of architecture. The building was added to the Heritage Register in 1998, as part of the Phase II inventory of buildings of heritage merit.

According to the City's records and the knowledge of the current owner, the heritage building has never been occupied by rental tenants, nor has it ever been occupied as anything but a one-family dwelling.

The location of the site is shown below, in Figure 1.

Figure 1

Approval of the development permit to alter the heritage building and allow construction of the infill dwelling on this site required the use of a Heritage Revitalization Agreement (HRA) which varied numerous requirements of the Zoning and Development By-law. Council approved the by-law which authorized the HRA on May 12, 1998. The HRA varies current regulations to permit the retention of the existing building and construction of the infill dwelling. It also compels the current and subsequent owners to repair both buildings should they be damaged, or replicate them if they are destroyed. For this reason, there is no uncertainty as to the redevelopment opportunities on this site.

In the report to Council of March 23, 1998, which recommended that Council designate the building and that the by-law authorizing the HRA be brought forward for enactment, it was noted that an application for strata title conversion would be forthcoming.

POLICY IMPLICATIONS

The RS-1S strata title policy was adopted in 1990 during the review of the "secondary suite" program in the Joyce, Riley Park and Kitsilano RS-1 and RS-1S zoned areas. Later, in 1997, it was amended to also apply to the RS-5S District.

The Council report and minutes documenting the discussion on this matter both refer to two-family and multiple dwellings as the forms of development that would be primarily susceptible to strata titling and of particular concern to Council due to the potential loss of rental accommodation.

It was the intent of the policy to preclude strata titling (separate ownership) of secondary suites within buildings and to discourage the demolition of buildings containing rental accommodation, in favour of constructing new two-family dwellings which could then be strata titled.

It does not appear that consideration was given at that time to the situation of an owner-occupied one-family dwelling, or to an infill dwelling, as the zoning only permits the latter on sites of a certain size and with other restrictions on occupancy. Council's ability through a HRA, only available since 1995, to vary by-laws to allow different types of development in consideration of heritage retention and rehabilitation, provides further variations which were not previously considered, or available.

Staff believe that the request to strata title this specific project is reasonable, given both its previous occupancy history and as a consequence of the form of development that has been approved and constructed. Based on the information available as to the initial intent of the policy prohibiting strata title conversion of suites, staff believe that the policy does not apply in these circumstances.

As the opportunity to achieve this form of development is relatively unusual in either the RS-1S or RS-5S zones, it is not recommended that the RS-1S and RS-5S Strata Title Guidelines be amended to accommodate alternate forms of development at this time, but that applications for strata title conversion of previously-occupied buildings which do not specifically fall under the intent of the policy be considered on a case-by-case basis. Staff do not believe that they should anticipate a significant number of applications on the basis of this position, as this application is the first in the RS-1S or RS-5S zones since the Guidelines were adopted in 1990.

STAFF ANALYSIS OF THE STRATA TITLE CONVERSION APPLICATION

As noted above, notwithstanding the RS-1S and RS-5S Strata Title Guidelines, staff have processed this strata title conversion application as they would any other. In addition to Planning Department staff, the City Engineer and the City Building Inspector have reviewed this application. Because the building has always been owner-occupied, 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 indicates that all work has been completed in accordance with the approved plans and permits and final inspections have also been done. The previously-occupied building complies with all relevant City By-laws.

CONCLUSION

As the previously-occupied dwelling on this site has never contained rental accommodation, which was the focus of Council's concerns in 1990, and in fact remains a one-family dwelling, and based on the applicant's compliance with the requirements of the City's Strata Title and Cooperative Conversion Guidelines, the Subdivision and Strata Title Co-ordinator supports this application.

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ag990615.htm

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