ADMINISTRATIVE REPORT

Date: April 20, 1998
Author/Local: C. Robbins 7535

CC File No. 2701-1

TO:	Standing Committee on Planning and Environment
FROM:	City Building Inspector
SUBJECT:	Warning to Prospective Purchasers - 2291 Grant Street Lot 14 of 2 of B, Block 139, District Lot 264A, Plans 385 and 1771

RECOMMENDATION

THAT the City Clerk be directed to file a 336D Notice against the Certificate of Title to the property at 2991 Grant 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 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

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(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 is a single-family dwelling. In August of 1996, Vancity Construction obtained Combined Development and Building Permit No. DB402808 on behalf of the property owner, Mr. Stanley Fox. This permit authorized the construction of interior and exterior alterations and an approximate 239 square foot addition. The District Building Inspector, Mr. Sopow advises that the work carried out under this permit is still in an unfinished state and does not comply with the approved plans because the addition is located further to the rear and west side of the house and a wrap around deck and enlarged front and rear deck areas have been added. He also advises that the patio door access to the front deck area has been deleted. It is further reported that the interior stairs to the new addition do not meet the requirements of the Building Bylaw with respect to equal rise and run and currently have no guards or handrails, resulting in a potentially unsafe condition. Another safety concern of Mr. Sopow's is that there are no guards around the new deck areas.

In addition to the above, the inspector advises that another addition has been constructed to the basement and main floor at the rear including the enclosure of the area underneath the rear porch. There has been extensive form and footing concrete work carried out and excavated portions of the site where backfilling has not been done. Further, a new front yard stair down to basement level has been excavated and constructed and another is in progress of being constructed. There are no permits issued for this work.

DISCUSSION

Mr. Fox is an elderly gentleman, is in poor health and has already paid contractors in excess of $65,000. Although there have been extenuating circumstances that resulted in him finding himself in this situation, I have no alternative than to pursue correction of the bylaw infractions that have been reported. I have, therefore, given Mr. Fox time to submit application for permit for the additional floor area and deviations from the approved plans. I have also issued an order to Mr. Fox to correct the unsafe conditions by constructing guards or backfilling the excavated portions of the site and blocking off access to the upper deck areas. If Mr. Fox is unable to complete this work, I will arrange for a contractor to carry out the work at his expense.

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The filing of a 336D Notice against the Title to this property will ensure that any prospective purchasers are made aware that there are violations of the Zoning and Development and Vancouver Building Bylaws related to this property, that it is the intention of the City to pursue correction of those violations and that the purchaser may suffer a significant loss or expense if the bylaws were enforced against him.

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(c) 1998 City of Vancouver