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CITY OF VANCOUVER ADMINISTRATIVE REPORT |
Date: |
April 6, 2004 | |
Author: |
Kathy Morgan | |
Phone No.: |
604-873-7760 | |
RTS No.: |
04155 | |
CC File No.: |
2071 | |
Meeting Date: |
May 6, 2004 |
TO: |
Standing Committee on Planning and Environment |
FROM: |
City Building Inspector |
SUBJECT: |
3003 West 51st Avenue
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RECOMMENDATION
A. THAT the City Clerk be directed to file a 336D Notice against the title to one strata lot at 3003 West 51st Avenue (Strata lot 1, District Lot 194, Strata Plan LMS670) 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 3003 West 51st Avenue (strata lot 1) 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.
PURPOSE
The purpose of this report is to request approval to file a 336D Notice against the title to 3003 West 51st Avenue (strata lot 1) to warn prospective purchasers of By-law violations and to request approval to seek injunctive relief.
BACKGROUND
The properties addressed as 3003 West 51st Avenue (strata lot 1) and 3095 West 51st Avenue (strata lot 2) are located in the RA-1 (Limited Agricultural) District. Although there are two addresses, this property is a single site for the purposes of the Zoning and Development By-law. A one family dwelling was constructed on the property in 1960 and other buildings, i.e. carport, stables, etc., were subsequently constructed (all now strata lot 2 - 3095 West 51st Avenue). In 1990/1991 an infill one family dwelling and a detached three-car garage were constructed on the southeast portion of the site (now strata lot 1 - 3003 West 51st Avenue).
The property was strata titled in 1992. In 1994/1995, alterations and an addition to the rear of the infill building (strata lot 1) were carried out under permit
DISCUSSION
During a routine inspection in September of 2001, the District Building Inspector reported that extensive interior and exterior alterations were being carried out at 3003 West 51st Avenue (strata lot 1) without permit or approval in contravention of the Zoning and Development and Vancouver Building By-laws. The owners were ordered to stop work immediately and either make application for the required permits or remove the unapproved construction. As work continued and no applications had been submitted, in November 2001, the owners were ordered to remove the unapproved work. The unapproved work included wall/ceiling finishes, framing of interior room layouts, an approximate 4' x 10' addition on the west side of the attic and new plumbing and electrical work on both floors. A reinspection indicated that work was still being carried out without permit or approval and the matter was referred to the City Prosecutor. An application for Development Permit, requesting a new roof, new windows to the attic space and two new interior walls, was refused in February of 2003. An appeal to the Board of Variance was disallowed in April of 2003. A charge was laid in Provincial Court, the owners were found guilty and were fined.
A recent inspection indicated that the unapproved work still existed without permits (including the addition of a roof section, windows and interior walls, and interior stairs to the attic). One of the owners indicated that they had no immediate plans to remove this work. Another order was sent to the owners in February 2004 to remove the unapproved interior and exterior alterations. Another inspection indicated no change and this matter has been referred to the City Prosecutor again.
CONCLUSION
Although the building is not currently listed for sale, it is recommended that a 336D Notice be filed against the title to strata lot 1 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 an injunction if, in her opinion, it is appropriate to do so.
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