LATE DISTRIBUTION FOR COUNCIL NOVEMBER 5, 1996 A11 ADMINISTRATIVE REPORT Date: October 29, 1996 TO: Vancouver City Council FROM: City Building Inspector SUBJECT: Warning to Prospective Purchasers of 2688 South West Marine Drive RECOMMENDATION THAT the City Clerk be directed to file a 336D Notice aginst the Certificate of Title to the property at 2688 South West Marine Drive, legally known as Lot 8, Block 6, District Lot 315, Plan 6938, in order to warn prospective purchasers that there is a contravention of the Zoning & Development and Vancouver Building By-laws related to this building. 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, including conditions deemed by the City Building Inspector, (a) to be a 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 of expense if the By-laws were enforced aginst him. The Section further provides that the City Building Inspector may recommend to City Council that a resolution be considered, pursuant to Section 336D (2), directing the City Clerk to file a notice aginst the title to the property in the Land Title Office. DISCUSSION On February 20, 1996, the District Building Inspector observed extnsive alterations underway at 2688 South West Marine Drive, without permit or approval. The alterations included a roof sundeck on the dwelling, a 4x37 ft. bridgeway connection between the dwelling and garage and a roof sundeck to the garage. A Stop Work Order was posted and the owners were directed to make application for the required Development and Building Permit pursuant to the Zoning & Development and Vancouver Building By-laws. A subsequent applicaiton for Development Permit (DE401079) was refused on June 27, 1996, becuase the propsed development does not comply with the regulations or intent statement of the District Schedule and objections have been received from neighbourhing property owners. It was further reported that the owners of the property continued to work after the posting of the Stop Work Order. Consequently, this matter has been referred to the City Prosecutor for charges. It should also be noted that the owners have been orderd to remove all unapproved work by November 5, 1996. It has recently come to our attention that the building is up for sale. The filing of this notice will ensure that any prospective purchaser is made aware there is a contravention of the by-laws related to this building and that the purchaser may suffer a significant loss or expense if the by-laws were enforced against him. * * * * *