ADMINISTRATIVE REPORT

Date: April 18, 2000
Author/Local: K Morgan/7760
RTS No. 01453
CC File No. 2701-1

P&E: May 18, 2000

TO:	Standing Committee on Planning and Environment
FROM:	City Building Inspector
SUBJECT:	Warning to Prospective Purchasers of 271 East 61st Avenue

RECOMMENDATION

THAT the City Clerk be directed to file a 336D Notice against the Certificate of Title to the property at 271 East 61st Avenue (Lot 33, Block 1, District Lot 326A, Plan 4141) in order to warn prospective purchasers that there are contraventions of the Zoning and Development and Vancouver Building By-laws related to this building.

GENERAL MANAGER'S COMMENTS

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

COUNCIL POLICY

Section 336D of the Vancouver Charter provides a mechanism whereby the City of Vancouver can warn prospective purchasers of contraventions of City By-laws relating to land or a building or structure. It provides that if the City Building Inspector observes a condition that he considers is of a nature that a purchaser, unaware of the contravention, would suffer a significant loss or expense if the by-law were enforced against him, he may recommend to City Council that a resolution be considered directing the City Clerk to file a notice against the Title to the property in the Land Title Office.

BACKGROUND

As a result of a complaint, an inspection in February of 1997 revealed that an approximate 30' x 16' portion of the crawlspace in the existing one family dwelling had been excavated
without permit or approval in contravention of the Zoning and Development and Vancouver Building By-laws. Notice was sent to the owners of the property to stop work immediately and either obtain the required permits or restore the crawlspace.

An appeal to the Board of Variance, requesting relaxation of the floor space ratio regulations of the RS-1S District Schedule, was disallowed on March 5, 1997. The owners were subsequently ordered to restore the crawlspace to comply with the approved plans of Combined Development and Building Permit No. JP803141. The District Building Inspector was not allowed access to the building to determine whether the crawlspace had been restored.

No applications for permits have been submitted and the owners have not provided access after two written requests.

As the owners failed to comply with our requests to provide access, charges were laid in Provincial Court. Our records indicate that the owners failed to appear in Court and that a Bench Warrant was issued and is still outstanding.

Although the property is not currently listed for sale, it is recommended that a 336D Notice be filed against the title to the property so that in the event that the owners decide to sell, any prospective purchaser will be warned that there are violations of the Zoning and Development and Vancouver Building By-laws related to this building.

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(c) 1998 City of Vancouver