Agenda Index City of Vancouver

ADMINISTRATIVE REPORT

TO:

Standing Committee on Planning and Environment

FROM:

City Building Inspector

SUBJECT:

Warning to Prospective Purchasers of
310 - 312 East 16th Avenue

 

RECOMMENDATION

GENERAL MANAGER'S COMMENTS

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 to be a contravention of a by-law relating to the construction or safety of buildings; or as a result of that condition, a building or structure is unsafe or unlikely to be usable for its expected purpose; or 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. Sections 334 and 571 of the Vancouver Charter allow the City to seek injunctive relief for any By-law contravention.

BACKGROUND

The existing building at 310 - 312 East 16th Avenue is approved as a two family dwelling and is located in an RT-2 District. The building was constructed in 1979/1980.

On two previous occasions, once in 1980 and again in 1992, our inspection services reported that additional living quarters had been installed on both sides of the first storey, for a total of four dwelling units in the building. Letters were sent to the owner of the building to either make application for the required permits or vacate the unapproved units. In both cases, reinspections indicated that the unapproved living quarters were vacated and the cooking facilities were removed.

In December, 1993, inspections were carried out to determine upgrading requirements for strata title conversion of the building. It was determined that the attached carports at the rear had been enclosed and altered without permit or approval in contravention of the Zoning and Development and Vancouver Building By-laws. The owner was advised to either make application for the required permits or restore the carports to comply with the approved plans. An order was sent and a subsequent reinspection indicated that the unapproved construction had been removed. Permits were obtained for the upgrading work and the building was subsequently strata titled. It should be noted that the original owner of the entire building is now the owner of strata lot 2 (312 East 16th Avenue).

As a result of a complaint, an inspection in February, 1999 indicated that the carport at the rear of 310 East 16th Avenue (strata lot 1) was again enclosed and that the first storey was occupied as separate living quarters. The owners of strata lot 1 were ordered to vacate the first storey and remove the cooking facilities and were advised to either obtain the required permits or remove the unapproved alterations to the carport. The owners were later orderedto remove the carport enclosure. Appeals to the Board of Variance to convert the attached garage into habitable space were disallowed in June and August of 1999. An inspection in July of 1999 indicated that the first storey had been vacated as separate living quarters and the cooking facilities removed. Charges were laid in Provincial Court for the enclosure of the carport, the owners were found guilty and were fined. A recent inspection indicated that the unapproved work has not been removed.

The inspection in February, 1999 also indicated that the carport at the rear of 312 East 16th Avenue (strata lot 2) was again enclosed. Although the inspector did not gain access into this portion of the building, it appeared that there were unapproved living quarters on the first storey. The owner of strata lot 2 was advised to either obtain the required permits or remove the unapproved alterations to the carport. An inspection in March revealed that the cooking facilities had been removed from the first storey. Inspections in May and December of 1999 indicated that the first storey was again being occupied as separate living quarters. A charge was laid in Provincial Court for the carport enclosure, the owner was found guilty and was fined. A recent inspection indicated that the unapproved work has not been removed.

An inspection in December, 1999 revealed that retaining walls were being constructed in the driveway at the rear of 312 East 16th Avenue (strata lot 2) and filled with sand. The owner was ordered to stop work and either make application for the required permits or remove all unapproved work. After reinspections the owner has been ordered to remove the retaining walls and sand fill from the driveway. The owner has not complied and we have not been able to gain access to pursue the occupancy of the first storey of this portion of the building.

Although the property is not currently listed for sale, it is recommended that 336D Notices be filed against the titles to the property so that any prospective purchasers will be warned that there are violations of the Zoning and Development and Vancouver Building By-laws related to this building. Subject to Council approval, I will be referring this matter to the Director of Legal Services to request that she commence legal action or an injunction if, in her opinion, it is appropriate to do so.

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