Date:  April 14, 1997
                                             CC File: 2701-1

 TO:       Vancouver City Council

 FROM:     The City Building Inspector

 SUBJECT:  Warning to Prospective Purchasers of 449 East 17th Avenue
           Lot 18, Block 94, DL 301, Plan 187


      THAT the City Clerk be directed to file a 336D Notice against the
      Certificate of Title to the property at 449 East 17th Avenue in order
      to warn prospective purchasers that there is a contravention of the
      Zoning and Development and Vancouver Building By-laws related to this


      The General Manager of Community Services RECOMMENDS approval of the


 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

                                                                       s 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.


 In September of 1991, the District Building Inspector observed
 construction of an approximately 20 ft. x 20 ft. addition to the rear
 sundeck in progress without permit.  The inspector posted a STOP WORK
 order at that time and the owner was directed to obtain a Development
 Permit and Building Permit for the work.

 Although the stop work order was in effect, the owner continued to work on
 the addition until it was completed.

 An application for Development Permit was refused by the Director of
 Planning because the addition exceeded the floor space ratio requirements

 and did not meet the external design requirements.

 In June of 1992, an appeal to the Board of Variance on this matter was
 refused.  Subsequent appeals to the Board in July of 1994 and August 1995
 were struck from the record as they were the same as previous appeals.

 Charges have been laid against the owner twice and on each appearance in
 Provincial Court the owner has plead guilty and been fined.

 Because the owner has not removed the unauthorized addition, the Law
 Department is commencing injunction proceedings and has recommended the
 filing of a 336D Notice.

 The 336D Notice will ensure that in the event the building is put up for
 sale, any prospective purchaser is made aware that 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.

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