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CITY OF VANCOUVER ADMINISTRATIVE REPORT |
Date: |
September 28, 2004 | |
Author: |
Carlene Robbins | |
Phone No.: |
604-873-7535 | |
RTS No.: |
04539 | |
CC File No.: |
2701 | |
Meeting Date: |
December 2, 2004 |
TO: |
Standing Committee on Planning and Environment |
FROM: |
City Building Inspector |
SUBJECT: |
1979, 1981 and 1983 Trutch Street and also 3201 West 4th Avenue
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RECOMMENDATION
A. THAT the City Clerk be directed to file a 336D Notice against the title to 1979, 1981 and 1983 Trutch Street and 3201 West 4th Avenue, Lot B of 7 Block 25 District Lot 540 Plan 6325, PID 010-275-959 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 1979, 1981 and 1983 Trutch Street and 3201 West 4th 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.
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 the building located at 1979 - 1983 Trutch Street and 3201 West 4th Avenue, to warn prospective purchasers of By-law violations and to request approval to seek injunctive relief.
BACKGROUND
This existing building is located in an RM-4 (Multiple Dwelling) District. The building was constructed in 1931 as a retail unit on the 1st storey and 2 dwelling units above.
DISCUSSION
As a result of a complaint, inspection services inspected this building and reported that the retail portion of the building had been altered and converted to 2 dwelling units without permits in contravention of the Zoning and Development and Vancouver Building By-laws. The building is currently occupied with 4 dwelling units (2 on the main floor, 1 on the second and 1 on the third).
The owner was directed to obtain the required Development and Building Permit approval or remove the unauthorized suites.
The owner obtained Development Permit approval in 1999 after a successful appeal to the Board of Variance, however did not submit an application for Building Permit until 2002. Because of the change of use of this building to residential, upgrading must be carried out in accordance with the Building By-law. The required upgrading includes fire separations and sprinklering of the building. The building application that was submitted did not contain the required supporting documentation and building code details and was refused on July 21, 2004. It was noted at that time that the related Development Permit DE 403324 was void as it had not been validated by a Building Permit.
The owner has now been ordered to cease occupying the two unauthorized suites until she obtains the required Development Permit and Building Permit approval and completes the required upgrading of the building.
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 the two dwelling units on the 1st storey are not approved and that there are violations of the Zoning and Development and Vancouver Building By-laws in this building. It is also recommended that in the event that the owner does not obtain permit approval and/or does not carry out the required upgrading, Council authorize the Director of Legal Services to commence legal action or an injunction, if, in her opinion, it is appropriate to do so.
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