|
CITY OF VANCOUVER ADMINISTRATIVE REPORT |
Date: |
August 5, 2004 | |
Author: |
Kathy Morgan | |
Phone No.: |
604-873-7760 | |
RTS No.: |
04471 | |
CC File No.: |
2701 | |
Meeting Date: |
September 30, 2004 |
TO: |
Standing Committee on Planning and Environment |
FROM: |
City Building Inspector |
SUBJECT: |
231 East King Edward Avenue
|
A. THAT the City Clerk be directed to file a 336D Notice against the title to 231 East King Edward Avenue (Lot 10 S Hlf, Block A, District Lot 301, Plan 5112) 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 231 East King Edward Avenue 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.
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 231 East King Edward Avenue to warn prospective purchasers of By-law violations and to request approval to seek injunctive relief.
The building at 231 East King Edward Avenue was constructed in 1930 as a one family dwelling. In 1970 the building was altered to provide a multiple conversion dwelling with one dwelling unit on the main floor, one dwelling unit on the second floor and one bedroom in the basement to be used in conjunction with the main floor unit. A condition of the Development Permit was that no separate living quarters were permitted in the basement at any time. The building is located in an RS-7S District.
As a result of a complaint, our inspection services reported that an approximate 20’ x 14’ garage was being constructed in the rear yard without permits. In February 1998, the owners were ordered to stop work and advised to obtain the required permits or remove the unapproved work. A Combined Development and Building Permit was issued for this work and received final inspection approval in July 1998.
As a result of a complaint, in August 2002 our inspection services reported that there was an unapproved deck on the roof of the garage, complete with guard rails and stairs providing access to the roof from the second storey landing of the house, constructed without permit or approval in contravention of the Zoning and Development and Vancouver Building By-laws. In September 2002, the owners were ordered to cease using the roof of the garage as a deck, remove the guardrails and stairs and provide a guard to the north side of the second storey landing of the house. A reinspection indicated that there had been no change and the matter was referred for prosecution. The owners were found guilty in Provincial Court in June 2003 and were fined. An application for Development Permit was submitted in February 2004 and was refused in June 2004. An appeal to the Board of Variance was disallowed in July 2004. An owner stated that they will not remove anything from the site.
As a result of a complaint, in November 2002, our inspection services reported that the basement of the building was occupied as separate living quarters in contravention of the Zoning and Development and Vancouver Building By-laws. In December 2002, the owners were ordered to cease using the basement as separate living quarters and to re-install the internal stairs. At the request of one of the owners, an extension of time was granted until July 10, 2003. A reinspection indicated that the basement was still occupied as separate living quarters and this matter was referred for prosecution. The charge was withdrawn due to the review of the Secondary Suite Program. One of the owners has indicated that they wish to discontinue the use of the unit on the second floor and legalize the unit in the basement. This will be reviewed in the near future.
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. 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.
* * * * *
