Vancouver City Council |
ADMINISTRATIVE REPORT
Date May 23, 2003
Author/Local: P. Hayes /604-873- 7787
RTS No. 3426
CC File No. 2701Meeting: June 12, 2003
TO:
Standing Committee on Planning and Environment
FROM:
City Building Inspector
SUBJECT:
Warning to Prospective Purchasers of
1160 Davie StreetRECOMMENDATION
A. THAT the City Clerk be directed to file a 336D Notice against the title to the property at 1160 Davie Street, ( Lots 5 West Hlf to 8 East Hlf, Block 25, District Lot 185, Plan 92) 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 1160 Davie 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 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. Sections 334 and 571 of the Vancouver Charter allow the City to seek injunctive relief for any By-law contravention.
BACKGROUND
The existing building at 1160 Davie Street is approved as hotel, lounge, restaurant, retail and parkade. The building is located in the C-5 (West End Commercial) District.
On January 13, 2003 a Building Permit was issued for interior alterations to re-instate kitchenettes in the existing hotel in the suites on floors 4 thru 9 . The ownership of the building subsequently changed hands, and this permit was cancelled on April 30, 2003 . On the same day Building Permit Application BU425027 was submitted by the new owners .
In response to an enquiry made by Councillor Tim Stevenson regarding renovations being carried out without permits at the above location, the District Building Inspector was requested to carry out an inspection. On May 14,2003 Mr. Peter Sweeney of the Building Inspection Branch attended the property and determined that the scope of the work being carried out substantially exceeded what was applied for ,and that work was progressing even though the Building Permit had not been issued. A Stop Work Notice was posted. The unauthorized work included; new walls in suites on floors 4 to 9 including new plumbing; new walls to the suites on floors above the 9th storey; new walls on the main floor ;and also the removal of a portion of the front of the building.
On May 22, 2003 Building Permit Application BU425027 was refused as work had commenced prior to the permit being issued and the scope of the work exceeded what was shown on the drawings submitted.
In a recent article in a local business publication, the President and CEO of Northland Properties Corporation (the property owner), indicated his intentions to convert the entire hotel to residential units which would be in contravention of the C-5 (West End Commercial) District.
Future Building Permit Applications to be considered will have to reflect the permitted uses of the building.
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 contraventions of the Vancouver Building By-law as a result of the recent unauthorized construction. Subject to Council approval, this matter will be referred 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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