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CITY OF VANCOUVER ADMINISTRATIVE REPORT |
Date: |
April 6, 2005 | |
Author: |
Pattie Hayes | |
Phone No.: |
604-873-7787 | |
RTS No.: |
05073 | |
CC File No.: |
2701 | |
Meeting Date: |
April 28, 2005 |
TO: |
Standing Committee on Planning and Environment |
FROM: |
City Building Inspector |
SUBJECT: |
7811-7815 Fraser Street - Warning to Prospective Purchasers |
RECOMMENDATION
A. THAT the City Clerk be directed to file a 336D Notice against the title to the property at 7811-7815 Fraser Street (Lot A of 4 & 5, Block 8 to 11, District Lot 326A, Plan 2212) 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 7811-7815 Fraser Street (Lot A of 4 & 5, Block 8 to 11, District Lot 326A, Plan 2212) 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 7811-7815 Fraser Street to warn prospective purchasers of By-law violations and to request approval to seek injunctive relief to bring the building into compliance with the by-laws..
BACKGROUND
The property addressed as 7811-7815 Fraser Street is approved as a two family dwelling and is located in an RT-2 (Two Family Dwelling) District. This building was constructed in 1980 by the current owners.
As a result of a complaint in 1990, our inspection services reported that the crawlspace had been converted to a full height basement to provide additional unapproved floor space. It was noted that this area including the approved basement area was being used as two (2) dwelling units without permits or approvals. It is further noted that two (2) unapproved metal roof covers were installed on the east and west elevations of the second floor. All of this work has been done without permits or approvals in contravention of the Zoning and Development and Vancouver Building By-laws. Correspondence was sent back and forth between the owners and the City in 1991 and charges were recommended.
Following a recent complaint in 2003 our inspection services reported that the two (2) additional dwelling units in the basement including the alterations to the crawlspace and the two (2) metal roof covers were all still existing. A new order was then sent to the owners in October of 2003. A Development Permit Application was submitted for the additional floor space including the addition of one (1) dwelling unit and removal of the metal roof covers however it was subsequently refused in October of 2004 by the Director of Planning as these additions were not meeting the standards set out in the Rt-2 District Schedule. The owners did have an opportunity to appeal this decision however they did not exercise that option .
DISCUSSION
A recent inspection revealed that the two (2) additional dwelling units in the basement,the alterations to the crawlspace and the two (2) metal roof covers are all still existing and no permits or approvals have been obtained.
CONCLUSION
Although the building is not currently listed for sale, it is recommended that a 336D Notice be filed against the title 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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