ADMINISTRATIVE REPORT

Date: March 13, 2001
Author/Local: C. Robbins/7535

RTS No. 01966

CC File No. 2701

P&E: April 26, 2001

TO:	Standing Committee on Planning and Environment
FROM:	City Building Inspector
SUBJECT:	Warning to Prospective Purchasers of 469, 477, 483 and 491 East 10th Avenue

RECOMMENDATION

A. THAT the City Clerk be directed to file a 336D Notice against the title to the properties at 469, 477, 483 and 491 East 10^th Avenue, Lots 10,11,12 & 13, Block 124, District Lot 264A, Plan 1355 & 1771, PIDs 011-895-071, 006-715-095,007-349-068, 003-691-977, in order to warn prospective purchasers that there are contraventions of the Zoning and Development and Vancouver Building By-laws related to these buildings.

B. THAT the Director of Legal Services is hereby authorized, in her discretion, to commence legal action or proceedings in relation to the premises located at 469,477,483 & 491 East 10^th Avenue and may, in her discretion, seek injunctive relief in those actions or proceedings, in order to bring these buildings into compliance with City By-laws.

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-laws 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. Sections 334 and 571 of the Vancouver Charter allow the City to seek injunctive relief for any By-law contravention.

BACKGROUND

In November 2000, the District Building Inspector reported that these four (4) adjacent buildings were being extensively renovated without permit or approval in contravention of the Vancouver Building By-law.

The property owners for each building are the same. In December 2000, the owners were sent a STOP WORK order and were directed to make application for the required permits.
They were also directed to allow for a reinspection of the building.

No applications for permit have been submitted to date, however, the owners did allow for a reinspection of the buildings in February of this year. The reinspection revealed the following:

Address Approved occupancy Present occupancy

469 East 10^th single family dwelling - being renovated to provide

5 dwelling units (3 presently
occupied)

477 East 10^th multiple conversion - has been renovated and

dwelling with 4 dwelling units is occupied with 6 dwelling units

483 East 10^th single family dwelling - has been renovated and is occupied with 4 dwelling units

491 East 10^th two family dwelling - has been renovated to provide 4 dwelling units ( 3 presently occupied)

The Zoning for the sites is RT-5 Two-Family Dwelling District. Enquiry Centre staff advise that given the lot sizes, the owners may apply for conversion of each of these buildings to provide a maximum of 4 dwelling units. However, application for development permit approval is conditional in this zone and is also subject to off-street parking requirements and character guidelines. In addition, approval of the conversion of these buildings will be subject to upgrading pursuant to the Vancouver Building By-law.

Because there have been no applications for permit submitted, the owners have been ordered to remove all work carried out without permit.

Although the properties are not currently listed for sale, it is recommended that a 336D Notice be filed against the titles to the properties so that any prospective purchasers will be warned that there are violations of the Zoning and Development and Vancouver Building By-laws related to these buildings. Subject to Council approval, I will be referring this matter to the Director of Legal Services to request that she commence legal action or injunctions on each of the four (4) properties if, in her opinion, it is appropriate to do so.

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