ADMINISTRATIVE REPORT
Date: June 13, 1997
CC File: 2701
TO: Vancouver City Council
FROM: The City Building Inspector
SUBJECT: Warning to Prospective Purchasers of
7380 Sherbrooke Street - Lot 34, Block 25, DL 200, Plan 2591
RECOMMENDATION
THAT the City Clerk be directed to file a 336D Notice against the
Certificate of Title to the property at 7380 Sherbrooke Street 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.
Section 336D of the Vancouver Charter provides that, if 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.
DISCUSSION
In September of 1993, the District Building Inspector observed an addition
being constructed to the rear of the building at the above location
without permit or approval in contravention of the Zoning and Development
and Vancouver Building By-laws. A STOP Work Notice was posted on the
building and the owner was directed to obtain permits.
An application for Development Permit was refused by the Director of
Planning because the development did not meet the required floor space
ratio, external design and site coverage set out in the Zoning By-law.
A subsequent appeal to the Board of Variance on February 8, 1995 was
refused.
Charges have been laid against the owner twice and on each appearance in
Provincial Court the owner has pleaded 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.
* * * * *