POLICY REPORT
DEVELOPMENT AND BUILDING

Date: September 29, 1999
Author/Local: MD’Agostini/7716
RTS No. 01032
CC File No. 5308

Council: October 19, 1999

TO:	Vancouver City Council
FROM:	Director of Current Planning
SUBJECT:	CD-1 Text Amendment 2657-2693 West 10th Avenue - Revised Conditions of Approval

RECOMMENDATION

THAT Condition b(i), requiring compliance with the Condominium Act, established at a Public Hearing on July 27, 1999 to consider amending CD-1 By-law No. 5705 [2657-2693 West 10th Avenue], be deleted.

GENERAL MANAGER’S COMMENTS

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

COUNCIL POLICY

CD-1 By-law No. 5705 was enacted September 20, 1983, permitting a townhouse development on West 10th Avenue and a mixed-use residential/commercial development on West Broadway.

At Public Hearing on July 27, 1999, Council approved a text amendment to the CD-1 By-law to increase the permitted floor space, to accommodate enclosure and modification of the upper level exterior decks and interiors of seven townhouses, subject to a number of conditions.

PURPOSE

This report recommends that the conditions of approval for the CD-1 text amendment as approved by Council at Public Hearing be amended.

DISCUSSION

The Public Hearing agenda before City Council at the Public Hearing on July 27, 1999 contained the following condition of approval:

“make arrangements to the satisfaction of the General Manager of Engineering Services and the Director of Legal Services for proposed changes to the strata titled common property such that the proposed configuration will conform to the Condominium Act” (condition (b) (i)).

Upon reviewing this condition, Legal Services advised the Condominium Act is provincial legislation. Legal Services further advised that unless compliance with a City Bylaw requires compliance with the Condominium Act, this condition is unnecessary and should not be required.

Staff have determined that compliance with the Condominium Act is not required for permits required for the additions proposed as part of this application and therefore the condition should be removed.

CONCLUSION

The Director of Current Planning recommends that the condition of approval for the CD-1 text amendment for 2657-2689 West 10^th Avenue requiring compliance with the Condominium Act be deleted.

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(c) 1998 City of Vancouver