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CITY OF VANCOUVER ADMINISTRATIVE REPORT |
Date: |
February 26, 2004 | |
Author: |
Kathy Morgan | |
Phone No.: |
604-873-7760 | |
RTS No.: |
04029 | |
CC File No.: |
2701 | |
Meeting Date: |
March 25, 2004 |
TO: |
Standing Committee on Planning and Environment |
FROM: |
City Building Inspector |
SUBJECT: |
435 East 50th Avenue
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THAT the City Clerk be directed to file a 336D Notice against the title to the property at 435 East 50th Avenue (Lot 11, Blocks 18 & 19, District Lot 650 NHlf, Plan 7022) in order to warn prospective purchasers that there are contraventions of the Zoning and Development By-law related to this property.
The General Manager of Community Services RECOMMENDS approval of the foregoing.
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.
The purpose of this report is to request approval to file a 336D Notice against the title to 435 East 50th Avenue to warn prospective purchasers of By-law violations.
The building at 435 East 50th Avenue was constructed in 2002/2003 and received final inspection approval on June 3, 2003. The building is approved as a one family dwelling and is located in an RS-1S (One Family Dwelling) District.
As a result of a complaint, on June 17, 2003 the District Building Inspector reported that the rear and side yards and an area at the side of the garage had been covered with concrete in contravention of the Zoning and Development By-law. This is not in accordance with the approved plans and well exceeds the maximum 60% impermeable site coverage permitted by the By-law. This site was originally approved for an impermeable site coverage of 56.1%. It was also reported that trees had been removed without approval.
The owners were ordered to remove either all, or portions of, the concrete paving from the rear and side yards and the area at the side of the garage, as necessary, to comply with the 60% impermeable site coverage limit. One of the owners requested a relaxation of the requirements due to health issues. In September, 2003, he was advised that he could appeal the by-law requirement to the Board of Variance. To date, an appeal has not been filed.
A recent inspection indicates that the concrete has not been removed. This matter has been referred to the City Prosecutor for the laying of charges.
As the building 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 By-law.
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