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CITY OF VANCOUVER ADMINISTRATIVE REPORT |
Date: |
October 15,2004 | |
Author: |
Pattie Hayes | |
Phone No.: |
604-873-7787 | |
RTS No.: |
04600 | |
CC File No.: |
2701 | |
Meeting Date: |
November 18, 2004 |
TO: |
Standing Committee on Planning and Environment |
FROM: |
City Building Inspector |
SUBJECT: |
2534 Grant Street
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RECOMMENDATION
A. THAT the City Clerk be directed to file a 336D Notice against the title to 2534 Grant Street (Lot 18, Block 6, District Lot SEC 33 NW QTR THSL, Plan 4870) 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 2534 Grant Street 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 2534 Grant Street to warn prospective purchasers of By-law violations and to request approval to seek injunctive relief.
BACKGROUND
The existing building at 2534 Grant Street is approved as a one family dwelling and is located in an RS-5 (One Family Dwelling) District.
As a result of a complaint, our inspection services reported that 3 of the 4 crawlspace areas in the basement area of this existing one family dwelling have been excavated to provide additional floor space without permit or approval in contravention of the Zoning and Development and Vancouver Building By-laws. The areas excavated included the large northeast crawlspace now a 25' X 10'6" room, the northwest crawlspace now a 19'8" X 8'X6" room and the central crawlspace is now a room entrance and large closet (all rooms are approximately 8' high). In June 1999, the owners were ordered to stop work and make application for the required permits or remove the unapproved work. As no applications had been submitted and the unapproved work was still existing, in December of 1999 this matter was referred to the City Prosecutor for the laying of charges. In September of 2000 a guilty plea was entered and a fine of $500.00 issued.
DISCUSSION
An inspection in October 2004 revealed that the 3 crawlspace areas in this one family dwelling that had been excavated to full height basement living areas, are all still existing, without the required permits or approvals.
CONCLUSION
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 and seek an injunction if, in her opinion, it is appropriate to do so.
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