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CITY OF VANCOUVER ADMINISTRATIVE REPORT |
Date: |
May 7, 2004 | |
Author: |
Carlene Robbins | |
Phone No.: |
604-873-7535 | |
RTS No.: |
04224 | |
CC File No.: |
2701 | |
Meeting Date: |
June 10, 2004 |
TO: |
Standing Committee on Planning and Environment |
FROM: |
City Building Inspector |
SUBJECT: |
2551 Wall Street
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A. THAT the City Clerk be directed to file a 336D Notice against the title to the property at 2551 Wall Street, Lot 118Ex CPR of W DL HT Plan 100) in order to warn prospective purchasers that there are contraventions of the Zoning and Development and Vancouver Building By-laws related to this site.
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 2551 Wall Street and may, in her discretion, seek injunctive relief in that action or proceeding, in order to bring this site into compliance with City By-laws.
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.
Sections 334 and 571 of the Vancouver Charter allow the City to seek injunctive relief for any By-law contravention.
The purpose of this report is to request approval to file a 336D Notice against the title to 2551 Wall Street to warn prospective purchasers of By-law violations and to request approval to seek injunctive relief.
There is a single family dwelling located on this site and the property is zoned RS-1S. The rear yard consists of a steep terrain down to the railway lines and Commissioner Road to the north. The slope gradient on the steep terrain was measured by a Geotechnical Engineer to range from about 35 to 42 degrees excluding the lower 6 feet of the hill slope which has a steeper slope cut.
In August of 2003, the District Building Inspector observed forms for the construction of an approximate 40' x 8' high retaining wall had been constructed at the rear of the above site without permit or approval. A Stop Work order was posted and the owner was ordered to submit application for the required permits. Pursuant to the Zoning and Development By-law, a Development permit is required for any change in configuration of land. In addition, a Building Permit is required for the construction of retaining walls exceeding 4' in height.
Subsequent inspections revealed that there were more retaining wall systems either constructed or in the process of being constructed and that the embankment had been built up with copious amounts of fill, tires, pails and buckets filled with gravel, and plastic drums. As a result, the owner was directed to obtain the services of a Geotechnical Engineer to survey the existing site conditions and report on the stability of the site.
In October of 2003, this department received a copy of a report from a Consulting Geotechnical Engineer. The content of the report suggested that the additional fill, buckets, tires and retaining wall systems deposited on the site were creating a potentially unsafe condition. Accordingly, the owner was ordered to commence removal of all fill, buckets, gravel, tires and retaining wall systems under the direct supervision of a Geotechnical Engineer.
The owner has failed to comply with the order and has in fact continued to add fill and concrete pavers to the rear yard, thereby further compromising the stability of the hill slope.
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 of the potential instability of the hill slope and 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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