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CITY OF VANCOUVER ADMINISTRATIVE REPORT |
Date: |
September 24, 2004 | |
Author: |
Carlene Robbins | |
Phone No.: |
604-873-7535 | |
RTS No.: |
04538 | |
CC File No.: |
2701 | |
Meeting Date: |
November 4, 2004 |
TO: |
Standing Committee on Planning and Environment |
FROM: |
City Building Inspector |
SUBJECT: |
4896 Earles Street
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RECOMMENDATION
THAT the City Clerk be directed to file a 336D Notice against the title to 4896 Earles Street, Lot 10, Block 115, District Lot 37, Plan 2160, PID 005-960-401 in order to warn prospective purchasers that there are contraventions of the Zoning and Development and Vancouver Building By-laws related to this building.
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.
PURPOSE
The purpose of this report is to request approval to file a 336D Notice against the title to 4896 Earles Street to warn prospective purchasers of By-law violations related to the unapproved occupancy of this building.
BACKGROUND
The building at 4896 Earles Street is approved as a single family dwelling with a secondary suite approved under the phase out program.
DISCUSSION
As a result of a complaint, our inspection services reported that the building has been altered and is being occupied as a rooming house with 10 individual units without permit or approval in contravention of the Zoning and Development and Vancouver Building By-laws. The inspection revealed that the building does not meet the requirements of the Vancouver Building By-law for use as a rooming house as there is no sprinkler system, fire alarm system, hard-wired smoke alarms and/or fire separations between units.
The owner of the property is currently out of town, consequently City staff met with the owner’s brother and father ( who are the agents for the property ) and advised them of the deficiencies and issues with the current occupancy of the building.
The owner’s representatives were advised that the building must be restored to its approved use as a single family dwelling with a secondary suite and that all noted deficiencies must be rectified. An order has been sent requiring compliance by November 30, 2004.
It was also noted that the building is currently listed for sale. The owner’s representatives were also notified that staff would be requesting that Council approve the filing of a warning notice on Title to this property regarding the aforementioned by-law violations.
CONCLUSION
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 related to the current occupancy of this building.
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