ADMINISTRATIVE REPORT

Date: June 14, 2002
Author/Local: K Morgan/7760

RTS No. 02803

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 1628 Marpole Avenue

RECOMMENDATION

THAT the City Clerk be directed to file a 605 Notice against the title to the property at 1628 Marpole Avenue (Lot 2, Block 38, District Lot 526, Plan LMP30847) in order to warn prospective purchasers that there are contraventions of the approved Development Permit and a related Heritage Revitalization Agreement for this property.

GENERAL MANAGER'S COMMENTS

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

COUNCIL POLICY

Section 605 of the Vancouver Charter provides a mechanism whereby the City of Vancouver can warn prospective purchasers of contraventions of heritage revitalization agreements. It provides that if an officer or employee of the city discovers any of the following he may recommend to City Council that a notice be filed against the title to the property in the Land Title Office:

(a) something for which a heritage alteration permit is required by or under this Act has been done without the authority of a heritage alteration permit;
(b) a person has failed to comply with the requirements and conditions of a heritage alteration permit;
(c) the terms and conditions of a heritage revitalization agreement have been contravened;
(d) a covenant registered by the Council under section 219 of the Land Title Act in relation to heritage property has been contravened.

BACKGROUND

This existing one family dwelling at 1628 Marpole Avenue is located in the First Shaughnessy District. It is listed in the First Shaughnessy Heritage Inventory and in the Vancouver Heritage Inventory in category B.

Permits were issued in 1996 for interior and exterior alterations to the existing one family dwelling on the easterly portion of the site, to construct a new detached garage and to construct a new one family dwelling on the westerly portion. The site was subdivided and the new one family dwelling was addressed as 1638 Marpole Avenue (lot 1).

As part of the Development Permit approval and due to the nature of the site, a Heritage Revitalization Agreement was required. One of the conditions of the Heritage Revitalization Agreement, which permitted the subdivision, was to preserve the original estate character of one large landscaped lot and the boundary line between the proposed lot 1 and the proposed lot 2 was not to be demarked by fencing, structures or planting other than as contemplated in Development Permit Application No.DE401296 or as approved from time to time by the City's Director of Planning or his successor in function.

As a result of a complaint, inspections were carried out and revealed that an approximate 6 foot high cedar fence and chainlink fence/cedar hedge has been provided along the property line between 1628 and 1638 Marpole Avenue. The City Surveyor has confirmed that this fencing is located totally on lot 2 (1628 Marpole Avenue). The chainlink fence/cedar hedge also extends along the front (north) property line of 1628 Marpole Avenue. It was noted that landscaping has been altered and does not comply with the approved plans. A letter was sent to the owners on May 31, 2001 advising them to either make application for a minor amendment to the approved Landscape Plan and Heritage Revitalization Agreement or provide landscaping in accordance with the approved plans.

An application for minor amendment for alterations to the landscaping was submitted and has been refused.

A recent inspection indicated that the fencing/hedge still exists at 1628 Marpole Avenue without approval.

DISCUSSION

On August 2, 2001, Council approved recommendations that a 336D notice be filed against the title and that the Director of Legal Services be authorized, in her discretion, to seek a court order under Section 604 of the Vancouver Charter in order to bring the property into compliance with the Heritage Revitalization Agreement. Since then, a number of meetings have taken place between staff and property owners in an unsuccessful effort to resolve the violations. Legal Services have requested that the 336D notice be replaced with a 605 notice as Section 605 of the Charter deals specifically with notices on title regarding Heritage Revitalization Agreements.

Although the property is not currently listed for sale, it is recommended that a 605 Notice be filed against the title to the property at 1628 Marpole Avenue so that any prospective purchasers will be warned that there are violations of the approved Development Permit and a related Heritage Revitalization Agreement for this property.

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(c) 1998 City of Vancouver