Warning to Prospective Purchasers

ADMINISTRATIVE REPORT
Date: June 15, 1998
Author: C. Robbins/7535
CC 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 336 East 1st Avenue
(Strata Lots 1 - 67, Strata Plan LMS1316 together with an interest in the common property in proportion to the unit entitlement of the stata lots as shown on form 1, hereto is annexed easement BG417642 over Lot 3, Block 4, Plan 197)
RECOMMENDATION
THAT the City Clerk be directed to file a 336D Notice in particular against the Certificate of Title to the specific strata lots outlined in Appendix A of this report and generally to all strata lots in this development, 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.
GENERAL MANAGER'S COMMENTS
The General Manager of Community Services RECOMMENDS approval of the foregoing.
COUNCIL POLICY
The Vancouver Charter, 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 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 four-storey building of non-combustible construction containing 67 Artist Live/Work Studios. It was constructed and received final inspection approval in August of 1995. The suites were constructed with double height ceiling spaces. The building became non-conforming to regulations (FSR) when the IC-3 District Schedule was amended in September of 1996 to reduce permitted FSR to 2.5 (previously was 3.0). However, with new exclusions also being introduced ( i.e.,balconies, roof decks, amenity space), there would be approximately 5,572 square feet available for loft additions without increasing the non-conformity.
A reinspection of the building by the District Building Inspector revealed that 52 of the units have added mezzanines without permit or approval in contravention of the Zoning and Development By-law and the Vancouver Building By-law. The majority of these additional mezzanine areas are constructed of combustible construction, are compromising the effectiveness of the sprinkler coverage and have nonconforming guards and stairs, resulting in a potentially unsafe condition.
DISCUSSION
Staff from Permits and Licenses and Planning have met with the Strata owners on two occasions. The purpose of the meetings was to clarify the issues and outline the process that the City would be taking to have the building brought into compliance. The owners were advised that the City's first priority was to have the potentially unsafe conditions rectified. This would require either removal or upgrading of the mezzanine additions and correction of the sprinkler systems and stairs within each unit.
However, Building By-law approval is contingent upon the owners first acquiring the necessary floor space pursuant to the Zoning and Development By-law. In that regard, the strata owners were advised of the various options available to them including but not limited to, a Rezoning application, an application for "bonus" density in return for a cultural facilityor low income housing, as provided for in the IC-3 District Schedule, the Heritage density transfer process, and an appeal to the Board of Variance.
I have informed the owners that I am prepared to withhold enforcement for the next few months with respect to the Building By-law issues provided that the strata owners demonstrate that they are actively pursuing the options outlined with respect to acquiring the necessary FSR to retain the mezzanines. If they are unsucessful in obtaining the additional FSR, the mezzanines will have to be removed.
While the owners are in the process of determining which avenue of approval they are going to pursue, they have been advised that this report would be coming before Council to request the filing of a 336D Notice against the respective Titles to their suites. The fact that some of the mezzanines have compromised the effectiveness of the sprinkler system could adversely affect all of the suites in the building. Therefore, it is recommended that a notice be filed on the title to all of the strata units.
The filing of these notices 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 attached that could also adversely affect the other suites in the building, and that if these violations were enforced against him would cause him to suffer significant loss or expense.
* * * * *
APPENDIX A
Page 1 of 6
SUITE # STRATA LOT # BY-LAW DEFICIENCIES:
105 5 *150 square foot mezzanine
*combustible construction
*sprinkler system compromised
107 7 *100 square foot mezzanine
*combustible construction
*sprinkler system compromised
201 8 *300 square foot mezzanine
*combustible construction
*sprinkler system compromised
202 9 *180 square foot mezzanine
*combustible construction
*sprinkler system compromised
*access to loft is by a ladder
203 10 *250 square foot mezzanine
*combustible construction
*sprinkler system compromised
*stairs do not comply with the run/rise
requirements of the By-law
204 11 *200 square foot mezzanine
*no guards on stairs
*sprinkler system compromised
205 12 *275 square foot mezzanine
*combustible construction
*sprinkler system compromised
*no guards/handrails on stairs
206 13 *180 square foot mezzanine
*combustible construction
*sprinkler system compromised
*stairs do not comply with the run/rise
requirements of the By-law
207 14 *200 square foot mezzanine
*combustible construction
*sprinkler system compromised
210 17 *250 square foot mezzanine
*sprinkler system compromised
*stairs do not comply with the run/rise
requirements of the By-law
211 18 *200 square foot mezzanine *combustible construction
*sprinkler system compromised
*stairs do not comply with the run/rise
requirements of the By-law
212 19 *350 square foot mezzanine *combustible construction
*sprinkler system compromised
*no guards/handrails on stairs
213 20 *90 square foot mezzanine
*sprinkler system compromised
*access to loft is by a ladder
214 21 *150 square foot mezzanine
*combustible construction
*sprinkler system compromised
217 24 *250 square foot mezzanine
*combustible construction
*sprinkler system compromised
218 25 *200 square foot mezzanine
*sprinkler system compromised
*access to loft is by a ladder
219 26 *180 square foot mezzanine
*sprinkler system compromised
*stairs do not comply with the run/rise
requirements of the By-law
*no guards/handrails on stairs
220 27 *150 square foot to mezzanine
*sprinkler system compromised
221 28 *40 square foot mezzanine
*combustible construction
*sprinkler system compromised *access to loft is by a ladder
223 30 *250 square foot mezzanine
*combustible construction
*sprinkler system compromised
*guards have not been provided
224 31 *200 square foot mezzanine
*combustible construction
*sprinkler system compromised
*guards have not been provided
301 32 *350 square foot mezzanine
*combustible construction
*sprinkler system compromised
*l spiral stair requires 2nd handrail
*other stair does not meet rise/run
requirements of By-law
302 33 *300 square foot mezzanine
*combustible construction
*sprinkler system compromised
*guards/handrails have not been provided
303 34 *120 square foot mezzanine
*sprinkler system compromised *access to loft is by a ladder
304 35 *250 square foot mezzanine
*sprinkler system compromised
*guards/handrails have not been provided
305 36 *300 square foot mezzanine
*sprinkler system compromised
*stairs do not comply with the run/rise
requirements of the By-law
306 37 *250 square foot mezzanine
*sprinkler system compromised
*stairs do not comply with the run/rise
requirements of the By-law
307 38 *200 square foot mezzanine
*combustible construction
*sprinkler system compromised
*guards have not been provided
*stairs do not comply with the run/rise
requirements of the By-law
308 39 *200 square foot mezzanine
*sprinkler system compromised
*guards have not been provided
*stairs do not comply with the run/rise
requirements of the By-law
309 40 *40 square foot mezzanine
*combustible construction
*sprinkler system compromised
*access to loft is by a ladder
310 41 *300 square foot mezzanine
*sprinkler system compromised
*stairs do not comply with the run/rise
requirements of the By-law
311 42 *130 square foot mezzanine
*sprinkler system compromised
*guards have not been provided
*spiral stair does not meet requirements
of By-law
312 43 *230 square foot mezzanine
*sprinkler system compromised
* access to loft is by a ladder
313 44 *25 square foot mezzanine
*combustible construction
*sprinkler system compromised
315 46 *250 square foot mezzanine
*sprinkler system compromised
*stairs do not comply with the run/rise
requirements of the By-law
316 47 *140 square foot mezzanine
*sprinkler system compromised
*guards have not been provided
317 48 *200 square foot mezzanine
*sprinkler system compromised
*stairs do not comply with the run/rise
requirements of the By-law
318 49 *200 square foot mezzanine
*sprinkler system compromised
319 50 *200 square foot mezzanine
*sprinkler system compromised
*stairs do not comply with the run/rise
requirements of the By-law
*guards/handrails have not been provided
320 51 *90 square foot mezzanine
*sprinkler system compromised
*guards/handrails have not been provided
321 52 *150 square foot mezzanine
*combustible construction
*sprinkler system compromised
*stairs do not comply with the run/rise
requirements of the By-law
*handrails have not been provided
322 53 *250 square foot mezzanine
*combustible construction
*sprinkler system compromised
*stairs do not comply with the run/rise
requirements of the By-law
324 55 *150 square foot mezzanine
*combustible construction
*sprinkler system compromised
*guards have not been provided
401 56 *160 square foot mezzanine
*sprinkler system compromised
*stairs do not comply with the run/rise
requirements of the By-law
*guards/handrails have not been provided
404 59 *225 square foot mezzanine
*sprinkler system compromised
*stairs do not comply with the run/rise
requirements of the By-law
*new skylight
*suite entry door requires thumbturn on deadbolt
405 60 *75 square foot mezzanine
*sprinkler system compromised
* access to loft is by a ladder
406 61 *150 square foot mezzanine
*sprinkler system compromised
*suite entry door requires thumbturn
on deadbolt
407 62 *180 square foot mezzanine
*sprinkler system compromised
*stairs do not comply with the run/rise
requirements of the By-law
*guards/handrails have not been provided
408 63 *95 square foot mezzanine
*sprinkler system compromised
* access to loft is by a ladder
409 64 *200 square foot mezzanine
*sprinkler system compromised
*spiral stairs do not comply with the run/rise
requirements of the By-law
*guards/handrails have not been provided
410 65 *220 square foot mezzanine
*sprinkler system compromised
*stairs do not comply with the run/rise
requirements of the By-law
*guards/handrails have not been provided
412 67 *160 square foot mezzanine *sprinkler system compromised
*stairs do not comply with the run/rise
requirements of the By-law
*guards/handrails have not been provided
* * * * *

Comments or questions? You can send us email.