Strata Title Conversion: 1128-1134 Homer Street

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ADMINISTRATIVE REPORT

Date: August 6, 1999
Author/Local: JFranko/7102
RTS No. 00902
CC File No. 5311

Council: September 14, 1999

TO:

Vancouver City Council

FROM:

Subdivision and Strata Title Coordinator

SUBJECT:

Strata Title Conversion: 1128 - 1134 Homer Street

RECOMMENDATION

THAT the application to convert the previously-occupied building at 1128-1134 Homer Street (Lot 6, Block 76, D.L. 541, Plan 3469) to strata title ownership be approved.

GENERAL MANAGER'S COMMENTS

The General Manager of Community Services RECOMMENDS approval of the foregoing.

COUNCIL POLICY

Council's Strata Title and Cooperative Conversion Guidelines state:

· Conditions imposed by Council must be fulfilled within one year from the date of the approval in principle. Thereafter, a new application shall be required to be submitted to the Director of Land Use and Development.

PURPOSE

Council approval is requested for an application to convert the previously-occupied building at 1128-1134 Homer Street (Lot 6, Block 76, D.L. 541, Plan 3469) to strata title ownership.

BACKGROUND

The site is zoned HA-3 and is developed with a four-storey mixed-use commercial building, which historically contained retail, office and wholesale uses. Development and Building Permits were issued in 1997 to permit extensive interior and exterior alterations to this building, and also to permit the change of use of the building to restaurant use on the ground floor, retail and office use on the second floor and office use on the third and fourth floors.

The site location is shown below.

On July 7, 1998, Council granted approval in principle to an application to convert the building to strata title ownership subject to completion of all required upgrading work and issuance of an Occupancy Permit. The application was to create 36 commercial strata lots. Pursuant to the Strata Title and Cooperative Conversion Guidelines, the approval in principle was valid for one year from the date of the approval.

The renovation work to the building as a whole is now complete, and a "shell" Occupancy Permit has been issued, meaning that all life-safety matters have been addressed. Individual Occupancy Permits, based on tenant improvements to specific areas of the second, third and fourth floors, have also been issued and these areas are now occupied.

Although the "prior-to" condition of Council's approval in principle was completed within the one-year time limit, the owners did not submit the strata plans to the City for approval within that time. The applicant has cited the down-turn in sales in the strata retail market as the reason for their delay. Pursuant to Council's policy, therefore, the approval in principle lapsed on July 7, 1999. The owner has re-applied for Council's approval, on the basis that the market is improving, and there are now prospective purchasers who wish to purchase the strata lots. The applicant has indicated that they are motivated to complete the documentation and to register the strata plan within the next six months.

At the time that Council considered the initial application for strata title conversion, the building was vacant. As noted above, following completion of the renovations, several commercial tenants have occupied space. Pursuant to Council's policy relating to commercial tenants, they have been notified in writing of the applicant's intent to convert to strata title, but their comments have not been solicited.

STAFF ANALYSIS

The intent in establishing the one-year limit for completion of Council-imposed conditions was not to necessarily expect in every instance that 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. Staff were concerned that either revisions to relevant City by-laws, or the possible introduction of new tenants who were not aware of the strata title approval in principle, could make the approval in principle passe.

In this case, the required work has been completed to the satisfaction of the City Building Inspector, and a strata plan for the site is being prepared. The owners intend to proceed with completion of the legal documentation as soon as possible so that the strata plan can be registered. Some of the newly created strata lots will continue to be leased by the existing tenants, and be conveyed to purchasers in future.

The Manager of the Building Inspection Branch has confirmed that all required upgrading work has been completed for the purpose of strata conversion, and on this basis, supports the recommendation of approval without conditions.

As noted in the previous report to Council, registration of a volumetric easement to contain the building encroachments onto both Homer and Hamilton Streets was required by the City Engineer prior to the strata plan being registered in the Land Title Office. This requirement was completed in October, 1998.

CONCLUSION

Based on the foregoing, and the applicant's compliance with the City's Strata Title and Cooperative Conversion Guidelines, the Subdivision and Strata Title Coordinator supports this application.

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TO:	Vancouver City Council
FROM:	Subdivision and Strata Title Coordinator
SUBJECT:	Strata Title Conversion: 1128 - 1134 Homer Street