ADMINISTRATIVE REPORT

                                                Date:  April 30,
   1997
                                                C.C. 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

        A.   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.

        B.   THAT the Director of Legal Services prepare a Caveat to
             be registered against the Certificate of Title to the
             specific strata lots outlined in Appendix B of this
             report 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 where the City Building Inspector observes a condition
   that he considers:

   (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.

   PURPOSE

   The purpose of this report is to update Council on the status of
   the individual strata units (referenced in the Council report
   dated February 12, 1997, Appendix C attached) with respect to
   By-law infractions that are still existing on which enforcement
   action is not being withheld, with the objective of placing a
   336D Notice (or Caveat) against the titles of those respective
   suites.


   BACKGROUND

   As a result of Council's motions at the February 27, 1997,
   Standing Committee on Planning and Environment, the General
   Manager of Community Services and City Staff met with the Strata
   Committee to discuss the Parking Requirements, Floor Space issues
   and By-law infractions.  The results of these meetings was
   reported to Council in the memo dated April 3, 1997 from Ted
   Droettboom, General Manager. (Appendix D attached).

   DISCUSSION

   The owners of each strata unit identified in the previous Council
   report were sent individual letters outlining the infractions in
   their specific suites and advised of the process they were
   required to take to bring the suite into compliance with respect
   to life safety issues.

   As of the date of this report, the suites listed in Appendix A
   have either failed to allow the inspector to enter the suite to

   carry out an inspection or are still in violation of the By-laws
   with respect to life safety issues such as combustible
   construction, electrical, sprinkler and/or stair deficiencies and
   have not entered into the negotiation/resolution process with the
   City and Strata Committee.

   Further, in keeping with Council's motion that the entire
   building be inspected, the District Building Inspector has
   completed inspection of all but seven of the suites in the
   building and determined that only two of the suites above the
   11th floor have carried out work that requires an Electrical and
   Sprinkler Permit.  Those suite owners will be directed to obtain
   permits through our normal enforcement process, and the owners of
   the seven suites where access was not attained, will be given
   another opportunity to
   comply before we request Council to consider the filing of a 336D
   Notice against their suites.

   The suites listed in Appendix B have entered into a negotiation/
   resolution process with the City and have hired a Fire Protection

   Consultant to explore options for retrofitting the combustible
   construction.  These owners have requested a filing of a Caveat,
   in lieu of a 336D Notice, (subject to approval of the Director of
   Legal Services), while the review process continues.

   The filing of these Notices or Caveats, 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 and B attached, that if
   enforced against him would cause him to suffer significant loss
   or expense.

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