ADMINISTRATIVE REPORT
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
RECOMMENDATION
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
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.
(a) to be a contravention of a By-law or regulation relating to the
cons
truc
tion
or
safe
ty
of
buil
ding
s or
stru
ctur
es;
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.
DISCUSSION
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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