ADMINISTRATIVE REPORT

Date: February 19, 1998

Author/Local:C. Robbins/7535

CC File No. 2701-1

TO:	Vancouver City Council
FROM:	City Building Inspector
SUBJECT:	Warning to Prospective Purchasers 1685 East 14th Avenue Lot A and B of 52 and 53, Block 170, District Lot 264A

RECOMMENDATION

THAT the City Clerk be directed to file a 336D Notice against the Certificate of Title to the property at 1685 East 14th 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, 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 in contravention of a By-law or regulations 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 or 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.

BACKGROUND

This site consists of a 3 storey residential building containing 12 dwelling units and an unapproved two storey addition approximately 36' x 45' in size that was constructed on the northeast portion of the site without permit in contravention of the Zoning and Development and Vancouver Building By-laws.

It was during the course of a special inspection in May of 1996, that the District Building Inspector observed the addition that appeared to have been in existence for several years. Upon review of the approved plans for the site, it was discovered that the addition had never been approved. It was further noted that the addition does not meet the requirements of the Building By-law with respect to fire separations, lack of a sprinkler system, lack of smoke alarms, insufficient handrails and that it is compromising the exiting from the residential building.

The owners of the property were directed to make application for Development and Building Permits or to remove the addition. A subsequent appeal to the Board of Variance and related Development Permit No. DE401690 were refused on November 12, 1997 because the development does not comply with the Zoning and Development regulations that affect the site. Consequently, the owners of the property will now be ordered to remove the addition.

If the owners fail to comply with the order, the matter will be referred to the City Prosecutor for charges.

DISCUSSION

It has come to our attention that this property is currently listed for sale.

The filing of this notice will ensure that 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.

* * * * *

(c) 1997 City of Vancouver