ADMINISTRATIVE REPORT

TO:

Standing Committee on Planning and Environment

FROM:

City Building Inspector

SUBJECT:

Warning to Prospective Purchasers of
6835 Balaclava Street, 6875 Balaclava Street
and 3275 West 53rd Avenue

 

NOTE: The issue referenced in this report has been resolved.

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 expectedpurpose; 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 property addressed as 6835 Balaclava Street, 6875 Balaclava Street and 3275 West 53rd Avenue is located in the RA-1 (Limited Agricultural) District. Although there are three addresses, this property is a single site for the purposes of the Zoning and Development By-law. A one family dwelling was moved to the site in 1955 (now 6875 Balaclava Street). In 1979, a 34' x 56' stable was constructed on the site, ancillary to the existing one family dwelling, and permitted the keeping of a maximum of eight horses (now 3275 West 53rd Avenue). In 1990, a new one family dwelling was constructed on the site with a new detached barn and paddock to be used in conjunction with the new one family dwelling (now 6835 Balaclava Street). The existing one family dwelling on the site was permitted to remain as an infill. In 1990, the site was strata titled with the two one family dwelling buildings being strata lots 1 and 2 and the surrounding area being limited common property. In 1991, strata lot 2 was subdivided into two strata lots with the one family dwelling building at 6875 Balaclava Street being strata lot 3, the stable at 3275 West 53rd Avenue being strata lot 4 and the surrounding area being limited common property.

6835 Balaclava Street (strata lot 1)

In July of 2000, our inspection services reported that an approximate 16' x 16' one-storey addition was being constructed at the northwest corner, an approximate 4' x 8' bay window was being added to the southeast corner of the upper floor of the building and the grades were being raised by approximately 4' on the northeast portion of the property without permits or approval in contravention of the Zoning and Development and Vancouver Building By-laws. The owner was ordered to stop work and advised to either make application for the required permits or remove all unapproved construction and restore the grades. A reinspection indicated that the additions still existed and work had continued with two new landscape structures and the raised grade area was covered with a brick paver finish. The owner has been ordered to remove the unapproved work and restore the grades. An application for Development Permit to provide a new landscape design for the site was refused in April of 2001. A recent inspection indicates that the unapproved work has not been removed.

6875 Balaclava Street (strata lot 3)

As a result of a complaint in July of 1994, our inspection services reported that an approximate 18' x 23' addition was being constructed on the south side of the building without permits or approval, in contravention of the Zoning and Development and Vancouver Building By-laws. The owners were ordered to stop work and to either obtain the required permits or remove the unapproved work. As the owners did not comply with the order, a charge was laid in Provincial Court. The owners requested an adjournment, then did not appear and a bench warrant was issued. Another order was sent and again they did not comply. In 1998, Council approved filing a 336D Notice against the title and another charge was laid. The owners plead guilty and were fined. An appeal to the Board of Variance was disallowed in March of 1999. Another order was sent to the owners and again there was no compliance. Another charge was laid but was later withdrawn as ownership changed (purchased by owner of 6835 Balaclava Street). Enforcement was started again with the new owner and again there was no compliance. A charge was laid, the new owner plead guilty and was fined. There has been no application for permit and the addition remains.

3275 West 53rd Avenue (strata lot 4)

As a result of a complaint in May of 1997, our inspection services reported that the existing ground materials were being removed and the grades were being altered without permit in contravention of the Zoning and Development By-law. The owner was ordered to stop work and make application for the required Development Permit. As no application was submitted, the owner was ordered to restore the grades to their original condition. Subsequent inspections indicated that alterations had been carried out to the existing stable (i.e. skylights). The owner repeatedly refused to allow access to the stable and indicated that it was his residence. Several complaints were received regarding alterations to the stable, its unapproved residential use and unapproved business activities being carried out. Numerous attempts were made to inspect the property and the stable, but the owner refused to allow access. A charge was laid in Provincial Court for failing to provide access but was withdrawn as the owner agreed to allow an inspection. An inspection in September of 2000 confirmed that the building had been altered and was being used as living quarters without permit or approval. The owner was ordered to remove all unapproved work and cease using the building as a one family dwelling. A subsequent inspection indicated that there was no compliance. A charge was laid, the owner was found guilty and was fined. A recent inspection indicated that an approximate 20' x 40' horse barn has been constructed at the southeast corner of the area designated as limited common property for strata lot 4 without permits or approval. The owner has been ordered to remove the unapproved barn structure.
The original barn is still being used as living quarters in contravention of the Zoning and Development and Vancouver Building By-laws.

DISCUSSION

Although the strata lots are not currently listed for sale, it is recommended that 336D Notices be filed against the titles to strata lots 1 and 4 so that any prospective purchasers will be warned that there are violations of the Zoning and Development and Vancouver Building By-laws. Subject to Council approval, I will be referring this matter to the Director of Legal Services to request that she commence legal action or seek injunctive relief against any or all of the strata lots (strata lots 1, 3 and 4) if, in her opinion, it is appropriate to do so.

*****

pe20030424.htm

Comments or questions? Send us e-mail at info@city.vancouver.bc.ca
© 2002 City of Vancouver