ADMINISTRATIVE REPORT
Date: April 30, 1996
File No. 3638PINE
TO: Vancouver City Council
FROM: City Building Inspector
SUBJECT: Warning to Prospective Purchasers
- 3638 and 3650 Pine Crescent
RECOMMENDATION
THAT the City Clerk be directed to file a 336D Notice Against the
Certificate of Title to the properties at 3638 and 3650 Pine
Crescent in order to warn prospective purchasers that there is a
contravention of the Subdivision By-law related to these
properties.
GENERAL MANAGER'S COMMENTS
The General Manager of Community Services RECOMMENDS approval of
the foregoing.
COUNCIL POLICY
The Vancouver Charter, Section 336D, provides a mechanism whereby the
City of Vancouver can warn prospective purchasers of contravention of
City By-laws relating to land or a building or structure.
Section 336D of the Vancouver Charter provides that, if the City
Building Inspector observes a condition that he considers:
(a) to be in contravention of a By-law or regulation relating to the
construction or safety of buildings or structures; or
(b) as a result of that condition, a building or structure is unsafe or
is unlikely to be useable for its expected purpose during its
normal lifetime; or
(c) the contravention is of a nature that a purchaser, unaware of the
contravention, would suffer a significant loss or expense if the
By-laws were enforced against that purchaser;
he may recommend to City Council that a resolution be considered,
pursuant to Section 336D (2), directing the City Clerk to file a notice
against the titles of the properties in the Land Title office.
DISCUSSION
Mr. & Mrs. McLennan originally lived in a house which was located on a
lot called Lot 1, Block 35, District Lot 526, having a civic address of
3638 Pine Crescent in Vancouver. That lot was located at the corner of
Pine Crescent and Hosmer Avenue.
In 1976, the McLennans applied to subdivide Lot 1 into two lots.
Subdivision approval was granted subject to certain conditions which
included the installation of a new Y branch connection for the sewer and
a new house connection to serve the existing dwelling.
The reason for that condition was that once the lot was divided into
Lots A and B the McLennan's house remained on Lot B but its sewer
connection ran through Lot A to Pine Crescent. The appropriate sewer
connection for the McLennan's house should have been on Hosmer Avenue.
The matter remained in abeyance for some years. It was not until 1995
when some sewer work took place on Hosmer Avenue right outside the
McLennan's property, that Mr. McLennan phoned the City to ask whether or
not the sewer connection had ever been installed. The appropriate
connection was then installed on Hosmer Street for the property.
On October 30, 1995, a letter went to Mr. and Mrs. McLennan advising
that the new sewer connection had gone in and requesting that they
relocate the building sewer from their premises to the newly installed
connection.
Mr. McLennan subsequently advised the Sewer Design Department that he
had no intention of completing this work in the near future.
The concern of the City is our potential liability in the event that
either property is sold. It is quite conceivable that somebody would
purchase Lot A in order to build on that lot, begin excavation and rip
out the sewer connection for Lot B unless there is some sort of warning
placed on title to alert the purchaser of that property to the problem.
In addition, a potential purchaser of the house on Lot B would be
unaware of the fact that they are going to have to replace the private
sewer connection at some point.
The Law Department advises that they are in the process of pursuing
compliance on this issue.
However, in the interim, the filing of a 336D Notice will ensure that
any prospective purchaser is aware that there is a violation of the
Subdivision By-law related to these properties and that the purchaser
may suffer a significant expense if the By-law were enforced against
that purchaser.
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