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CITY OF VANCOUVER ADMINISTRATIVE REPORT |
Date: |
December 22, 2004 | |
Author: |
Carlene Robbins | |
Phone No.: |
604-873-7535 | |
RTS No.: |
04793 | |
CC File No.: |
2701 | |
Meeting Date: |
January 20, 2005 |
TO: |
Standing Committee on Planning and Environment |
FROM: |
City Building Inspector |
SUBJECT: |
3408 West 5th Avenue and 2131 Waterloo
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A. THAT the City Clerk be directed to file a 336D Notice against the title to 3408 West 5th Avenue and 2131 Waterloo Street, Lot 6 except the west 22 feet, Block 33, District Lot 540, Plan 229, PID 003-627-080 in order to warn prospective purchasers that there are contraventions of the Zoning and Development and Vancouver Building By-laws related to these buildings.
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 3408 West 5th Avenue and 2131 Waterloo 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 3408 West 5th Avenue and 2131 Waterloo Street, to warn prospective purchasers of By-law violations and to request approval to seek injunctive relief.
On March 9, 2004, Development Permit No. DE 407757 was issued for interior and exterior alterations and a second floor addition to an existing one family dwelling (principle building) at 3408 West 5th Avenue. The permit also allowed the construction of a new 2-storey infill dwelling at the rear of the site with a civic address of 2131 Waterloo Street. A condition of this development approval was that significant portions of the principle building were to be retained. On the basis of this retention strategy, the applicant was able to attain an overall floor space ratio of .60 (3,156 sq ft), which is available where the retention of existing character buildings is maintained.
In July of 2004, the District Building Inspector reported that the covered verandah and portions of the roof of the principle building that were required to be retained as a condition of the development approval had been removed. A stop work order was posted on the site at that time. It was also noted that the infill building at 2131 Waterloo had been framed, sheathed and roofed.
The owners of the property subsequently filed an appeal with the Board of Variance requesting approval for a reduction of the degree of retention for this development. The appeal was disallowed on October 6, 2004.
Because of this decision, the owners have lost the opportunity to construct an infill dwelling and there are no provisions under the current zoning for them to retain the structures.
Without the retention of the existing building elements the maximum floor space ratio that can be attained is .40 (2,110 sq ft).
Accordingly, on October 29, 2004, the related Building Permits were revoked by the City Building Inspector and the owners were ordered to pull down and demolish the partially constructed infill dwelling at 2131 Waterloo and the remainder of the principle building at 3408 West 5th Avenue. To date, the owners have not complied with the demolition order and the partially constructed structures still remain on site.
Although the site 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 related to this development site. 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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