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 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.
- 2 -
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.
* * * * *