ADMINISTRATIVE REPORT

Date: May 30, 2002
Author/Local: C. Robbins/7535

RTS No. 02791

CC File No. 2701

P&E: July 11, 2002

TO:	Standing Committee on Planning and Environment
FROM:	City Building Inspector
SUBJECT:	Warning to Prospective Purchasers of 311- 317 Water Street

RECOMMENDATION

A. THAT the City Clerk be directed to file a 336D Notice against the title to the property at 311 - 317 Water Street (Lot A ex E 40 ft, Block 9, District Lot 541, Plan 210) 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 311 - 317 Water 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 7 storey building at 311 - 317 Water Street was constructed prior to 1924. The building is located in the HA-2 (Gastown Historic) District, is designated as a Provincial Heritage building or site and is listed in the Vancouver Heritage Inventory in category B. The building is approved for retail, offices and warehouse uses.

In 1993 and 1994, numerous By-law violations were reported, including additions, interior alterations, an unsafe fire escape and unapproved residential uses, all without permit or approval in contravention of the Zoning and Development and Vancouver Building By-laws.

Enforcement letters and orders have been sent to the owner and several meetings have been held with the owner's representative to try to bring the building into compliance with the By-laws. The owner has been given several options in order to upgrade the building and resolve the outstanding issues.

Recent coordinated inspections confirmed the following violations of the Zoning and Development and Vancouver Building By-laws at this location:

1. interior alterations have been carried out without permit or approval and the upper floors have been occupied for residential purposes;
2. the upper floors have been used as a late night after-hours dance facility with serious life safety deficiencies including a blocked exit stair, obstructed sprinkler system, exposed roof joists, numerous extension cords and open flames from candles;
3. an approximate 20' x 40' addition at the rear;
4. the rear fire escape has deteriorated, has been partially obstructed by the unapproved rear addition and does not provide safe access to grade

DISCUSSION

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 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