ADMINISTRATIVE REPORT

Date: August 13, 2002
Author/Local: K Morgan/7760

RTS No. 02908

CC File No. 2701

P&E: September 12, 2002

TO:	Standing Committee on Planning and Environment
FROM:	City Building Inspector
SUBJECT:	Warning to Prospective Purchasers of 3313 Church Street

RECOMMENDATION

THAT the City Clerk be directed to file a 336D Notice against the title to the property at 3313 Church Street (Lot 13 ex E 16 ft, Blocks 35 & 38 N Hlf , District Lot 37, Plan 3147) in order to warn prospective purchasers that there are contraventions of the Zoning and Development and Vancouver Building By-laws related to this building.

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 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.

BACKGROUND

The existing building at 3313 Church Street was constructed as a one family dwelling and received final inspection approval in July of 1978. The building is located in an RS-1S District.

As a result of a complaint, an inspection in August of 2000 indicated that two decks on the west side of the building were being enclosed without permits or approval in contravention of the Zoning and Development and Vancouver Building By-laws. The owners were ordered to stop work and advised to either make application for the required permits or remove the unapproved construction. A subsequent inspection indicated that the unapproved work had been removed.

As a result of another complaint, an inspection in July of 2002 indicated that the deck on the first floor, west side of the building had been enclosed without permit or approval. On August 9, 2002, the owners were advised to either make application for the required permits or remove the unapproved deck enclosure. An inspection in early September will determine whether we will be taking any further enforcement action.

DISCUSSION

As the property is 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.

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