SUPPORTS ITEM 2
                                              P&E COMMITTEE AGENDA
                                              MAY 29, 1997

                         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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