Vancouver City Council |
ADMINISTRATIVE REPORT
Date: August 27, 2003
Author/Local: K Morgan/604-873-7760
RTS No. 03601
CC File No. 2701
Meeting Date: September 18, 2003
TO:
Standing Committee on Planning and Environment
FROM:
City Building Inspector
SUBJECT:
Warning to Prospective Purchasers of 279 East 59th Avenue
RECOMMENDATION
A. THAT the City Clerk be directed to file a 336D Notice against the title to the property at 279 East 59th Avenue (Lot 13, Block 10 S 1/2, District Lot 656, Plan 2200) 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 legal actions or proceedings in relation to the premises located at 279 East 59th Avenue and may, in her discretion, seek injunctive relief in those actions or proceedings, 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 unawareof 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 building at 279 East 59th Avenue was constructed as a one family dwelling and is located in an RS-1S (One Family Dwelling) District. The building received final inspection approval in May 1999.
As a result of a complaint, our inspection services reported that the rear second floor deck had been enclosed as living area (approximately 40 feet x 15 feet) and a new deck was added to the second floor at the rear (approximately 16 feet x 10 feet) , without permits or approval in contravention of the Zoning and Development and Vancouver Building By-laws. In November 1999, the owners were ordered to stop work and either make application for the required permits or remove the unapproved construction. A request for an extension of time was granted. A reinspection determined that a portion of the unapproved construction had been removed (including the 16 x 10 deck). In February 2000, the owners were ordered to remove the roof addition over the existing deck at the rear.
An application for Development Permit for a two-storey addition at the rear was refused on May 17, 2000. An appeal to the Board of Variance was disallowed on August 16, 2000.
A review of the approved plans for the building indicated an 8 foot x 4 foot deck at the rear, instead of the existing 40 foot x 15 foot deck. On December 17, 2001, the owners were ordered to remove the unapproved portion of the deck along with the unapproved roof above.
A recent inspection indicates that the unapproved construction remains.DISCUSSION
Charges were laid in Provincial Court twice. The owner was found guilty and fined on November 29, 2000 and plead guilty and was fined on May 2, 2002.
Although the building 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 violations of the Zoning and Development and Vancouver Building By-laws related to this building. Subject to Council approval, I will be referring this matter 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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