SUPPORTS ITEM NO. 1 P&E COMMITTEE AGENDA FEBRUARY 27, 1997 ADMINISTRATIVE REPORT Date: February 12, 1997 CC File No. 2701-1 TO: Standing Committee on Planning and Environment FROM: City Building Inspector SUBJECT: Warning to Prospective Purchasers of Individual Strata Lots at 1238 Seymour Street (Strata Lots 1-223, Strata Plan LMS2446, District Lot 541) RECOMMENDATION THAT the City Clerk be directed to file a 336D Notice against the Certificate of Title to the specific strata lots outlined in Appendix A of this report, in order to warn prospective purchasers that there is a contravention of the Zoning and Development and Vancouver Building By-laws related to these individual strata lots. 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: (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 against him; 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 title to the property in the Land Title Office. BACKGROUND This is a twenty-two storey residential building of non-combustible construction. The 143 suites on floors 1 to 11 have 17 foot ceilings. All of these suites obtained a Development Permit and a Building Permit to add mezzanines. However, 4 of the suites have not yet constructed the approved mezzanines. The approved size of these mezzanines is not to exceed 40% of the area of the main floor of each suite. All suites contained enclosed balconies that were excluded from floor space ratio. Before construction of the approved mezzanines, all suites had a restrictive covenant registered against them. When permits were obtained, all but five of the covenants were removed. Inspection after occupancy approval revealed that work was being carried out throughout the 1st to 11th floors without permit or approval. The work carried out consists of: 1. Removal of the patio doors to the balconies 2. Additions to the mezzanines 3. Construction of closets 4. Removal of guard rails 5. Installation of spiral stairs 6. Removal of interior walls 7. Electrical work ISSUES 1. The construction of the additions to the mezzanines is of combustible construction. This is not permitted in a non-combustible building pursuant to the Vancouver Building By-law. There are concerns as well over the structural integrity of some of the additions due to overspanning and loading. 2. As a result of the additions, there is inadequate sprinkler coverage and some existing sprinkler heads have been covered by closets or finishings. 3. Some of the stairs in the suites have been replaced by spiral stairs. These spiral stairs do not meet the required width or rise and run of the Building By-law. 4. Because the electrical work was done without permit and has been covered without inspection, we are unsure as to its safety. 5. There are breaches in the fire separations between some suites that reduces the effectiveness of the fire separation and could result in fire spreading from one suite to another. 6. The additions to mezzanines and removal of balcony doors has increased the floor space ratios of the suites. The floor space ratio was at a maximum when the 40% mezzanines were approved. DISCUSSION Staff from Permits and Licenses and Planning have met with Strata owners on two occasions. The purpose of the meetings was to clarify the issues and outline the process that the City would be taking to have the building brought back into compliance. The owners were advised that the City's first priority was to have the potentially unsafe conditions rectified. This will require in particular, the removal of all combustible materials i.e additions to mezzanine areas and correction of sprinkler and electrical deficiencies. With respect to the floor space issues, the strata owners have been advised of their options to purchase up to 6,000 square feet through the Heritage density transfer process or to apply for rezoning if the desired additional floor space exceeds 6,000 square feet. City staff confirmed that enforcement of the floor space ratio issues would be held in abeyance if an application for Development Permit or Rezoning was submitted and in process. The owners were also advised that although there is an avenue of appeal through the Board of Variance, a previous appeal on this issue was refused. They were further notified that this report would be coming before Council to request the filing of a 336D Notice against the respective titles to their suites. The filing of these notices will ensure that any prospective purchaser is made aware that there are violations of the Zoning and Development and Vancouver Building By-laws in the specific suites outlined in Appendix A attached, that if enforced against him would cause him to suffer significant loss or expense. * * * * *