ADMINISTRATIVE REPORT

Date: February 8, 2002
Author/Local: K Morgan/7760

RTS No. 02538

CC File No. 2701

P&E: March 7, 2002

TO:	Standing Committee on Planning and Environment
FROM:	City Building Inspector
SUBJECT:	Warning to Prospective Purchasers of 6423 - 6425 Main Street

RECOMMENDATION

A. THAT the City Clerk be directed to file a 336D Notice against the title to the property at 6423 - 6425 Main Street (Lot 3, Block 7, District Lot 648, Plan 1748) in order to warn prospective purchasers that there are contraventions of the Zoning and Development and Vancouver Building By-laws related to this building.

B. THAT the Director of Legal Services is hereby authorized, in her discretion, to commence a legal action or proceeding in relation to the premises located at 6423 - 6425 Main Street and may, in her discretion, seek injunctive relief in that action or proceeding, in order to bring this building 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 acondition 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 6423 - 6425 Main Street was constructed in 1984 and approved as medical office on the first storey and one dwelling unit on the combined second and third storeys. The building is located in a C-2 District.

As a result of a complaint, an inspection in April of 1999 indicated that two additional dwelling units had been installed on the second and third storeys without permits or approval (for a total of three dwelling units in the building) in contravention of the Zoning and Development and Vancouver Building By-laws. The owners were advised to either make application for the required permits or vacate the two unapproved units, remove the cooking facilities and unapproved alterations and restore the building to its approved use. Enforcement action was withheld as the owners advised that the premises had been vacated and requested time to have plans prepared.

An application for Development Permit was submitted in February of 2000 for alterations and change of use of the second floor from residential to general office. The application was later withdrawn.

An inspection in January of 2002 indicated that extensive alterations and additions had been carried out without permit or approval, including an addition to the rear of the first storey and balconies enclosed on the second and third storeys. The second storey was occupied as two dwelling units and the third storey was occupied as one dwelling unit. The owners were ordered to remove the unapproved work, including the two unapproved dwelling units and cooking facilities, on or before April 30, 2002.

DISCUSSION

The property is not currently listed for sale. However, due to the extent of unapproved work carried out, it is recommended that a 336D Notice be filed against the title 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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(c) 1998 City of Vancouver