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                         ADMINISTRATIVE REPORT

                                               Date:  April 21, 1997
                                               CC File: 2701-1

   TO:       Vancouver City Council

   FROM:     The City Building Inspector

   SUBJECT:  Warning to Prospective Purchasers of 
             3683 West 49th Avenue
             Lot B, Block 4, DL 314 Group 1 New Westminster, 

             District Plan LMP 17867


   RECOMMENDATION

        THAT the City Clerk be directed to file a 336D Notice
        against the Certificate of Title to the property at 3683
        West 49th 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 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.



   DISCUSSION

   This is  a single family dwelling that was constructed in October
   of  1994.  An Occupancy Permit was  approved for this building on
   March 1, 1995.

   In December of 1996, the City received a complaint that the attic
   space in the building (shown  as unfinished area in the  approved
   plans under JP813006) had been developed into livable floor area.

   The owners  of the property subsequently filed an application for
   Development Permit (DE402065) for this additional floor area that
   was refused by the Director of Planning on February 17, 1997.

   On  March 5, 1997, the Board of  Variance disallowed an appeal on
   this matter.  Consequently, the  owner was ordered to remove  the
   alterations to  the attic and restore  the area to that  shown on
   the approved plans.


   Although our normal course of  action would be to pursue  further
   enforcement on this  issue, the Planning Department  advises that
   there  is currently a  review of the  Zoning in process  that may
   result in the property  being rezoned from RS-1 to  RS-5 or RS-6.
   Should  the  rezoning  be  approved,  the  owner  would  have  an
   opportunity to apply  for development permit for  this additional
   floor area.

   Therefore, the  Planning Department  recommends that  enforcement
   action be withheld at this time  and that a 336D Notice be  filed
   against  the  title  to  the property  to  warn  any  prospective
   purchasers  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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