Vancouver City Council |
ADMINISTRATIVE REPORT
Date: May 23, 2003
Author/Local: K. Morgan/604-873-7760
RTS No. 03407
CC File No. 2701P&E: June 12, 2003
TO:
Standing Committee on Planning and Environment
FROM:
City Building Inspector
SUBJECT:
Warning to Prospective Purchasers of 3435 Worthington Drive
RECOMMENDATION
THAT the City Clerk be directed to file a 336D Notice against the title to the property at 3435 Worthington Drive (Lot 59, Block 9, District Lot Sec 40 & 41 THSL, Plan 8268) 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 3435 Worthington Drive was constructed in 1948 as a one family dwelling and is located in an RS-1 (One Family Dwelling) District.
As a result of a complaint, in April of 2002, our inspection services reported that an two-storey addition was being constructed at the rear of the building without permit or approval. The lower floor portion was approximately 18' x 25', the upper floor was approximately 12' x 25' with two covered decks, approximately 10' x 12'. The owner was ordered to stop work and advised to either obtain the required permits or remove all unapproved construction. No applications for permits were submitted and a reinspection indicated that the unapproved construction had not been removed. On May 14, 2002, the owner was ordered to remove the addition.
As there was no compliance, a charge was laid in Provincial Court in July of 2002. A trial date has been set for June 11, 2003.
In September of 2002, a Development and Building Permit was issued for a rear addition (approximately 887 sq. ft.) and to alter and convert the building to provide a family suite on the first storey for a limited period of time expiring September 26, 2004. The required work under this permit has not been carried out.
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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