Vancouver City Council |
ADMINISTRATIVE REPORT
Date: October 1, 2003
Author/Local: K Morgan/604-873-7760
RTS No. 03664CC File No. 2701
Meeting Date: October 23, 2003
TO:
Standing Committee on Planning and Environment
FROM:
City Building Inspector
SUBJECT:
1945 - 1947 Creelman Avenue (1945 Creelman Avenue)
Warning to Prospective PurchasersRECOMMENDATION
A. THAT the City Clerk be directed to file a 336D Notice against the title to the strata lot at 1945 Creelman Avenue (Strata Lot 2, District Lot 526, Strata Plan VR557) in order to warn prospective purchasers that there are contraventions of the Zoning and Development and Vancouver Building By-laws.
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 1945 Creelman Avenue and may, in her discretion, seek injunctive relief in that action or proceeding, in order to bring this portion of the 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.
PURPOSE
The purpose of this report is to request approval to file a 336D Notice against the title 1945 Creelman Avenue to warn prospective purchasers of By-law violations and to request approval to seek injunctive relief.
DISCUSSION
The building at 1945 - 1947 Creelman Avenue was constructed in 1978 as a two family dwelling and is located in an RT-9 District.
As a result of a complaint in December of 2001, the District Building Inspector reported that the second floor deck at 1945 Creelman Avenue (strata lot 2) was being replaced and enclosed, thereby adding approximately 70 square feet of additional living area 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 make application for the required permits or remove the unapproved construction.
A review of the approved plans and a subsequent inspection in January of 2002 indicated that the second floor deck had previously been extended by 1'-9" x 12'-6", a portion of the third floor roof deck had been enclosed, and there was a dormer with sliding doors leading to an approximate 3' x 11' deck. It was also reported that alterations had been carried out at 1947 Creelman Avenue (strata lot 1) without permit or approval, including three additional skylights and a new dormer. A letter was sent in February, 2002 advising the owners of both units to make application for the required permits or remove all unapproved alterations.
1945 Creelman Avenue (strata lot 2)
An application for Development Permit was refused in May of 2002. Enforcement action was withheld pending an appeal to the Board of Variance, which was disallowed in September of 2002. Enforcement action was again withheld to allow the owners time to revise the design. A reinspection in April of 2003 indicated that the unapproved work on the second and third floors still existed. On June 12, 2003, after ongoing discussions with staff had been exhausted, the owners were ordered to remove all unapproved construction. An appeal to the Board of Variance was disallowed on September 10, 2003. The owners were again ordered to remove all unapproved construction. A reinspection indicated that the order had not been complied with and this matter is being referred to the City Prosecutor for the laying of charges. It has been reported that this strata lot is for sale by the owner.
1947 Creelman Avenue (strata lot 1)
Enforcement was withheld at the request of the owner in order to make application for permits. A Development Permit was issued July 28, 2003. A Building Permit is now required for the work and the owner is being notified.
CONCLUSION
As strata lot 2 is currently listed for sale, it is recommended that a 336D Notice be filed against the title 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 if, in her opinion, it is appropriate to do so.
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