ADMINISTRATIVE REPORT

Date: November 16, 1998
Author/Local:C. Robbins
RTS No. 00355

CC File No. 2701-1

TO:	Standing Committee on Planning and Environment
FROM:	City Building Inspector
SUBJECT:	Warning to Prospective Purchasers - 2361 Prince Albert Street

RECOMMENDATION

THAT the City Clerk be directed to file a 336D Notice against the Certificate of Title to the Property at 2361 Prince Albert Street (Lot A of 16 & 17, Block 107, District Lot 264A, Plan 5103) in order to warn prospective purchasers that there is a contravention of the Zoning and Development and Vancouver Building By-law 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 contraventions 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 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.

DISCUSSION

The approved occupancy of this building is a one-family dwelling. In April of this year, the District Property Use Inspector attended the building and reported that it was being occupied as a multiple conversion dwelling containing three (3) dwelling units. The owner was subsequently directed to obtain permits or restore the use of the building to a one-family dwelling.

The owner expressed concern about the upgrading required pursuant to the Building By-law in order to retain the three dwelling units. He was advised that although the upgrading requirements would not be waived, he could pursue the option of removing one of the unauthorized dwelling units and applying through the Secondary Suite Program to retain the second unit, thereby reducing the amount of upgrading required.

As a result of a Special Inspection of the building, the owner has been advised of the upgrading requirements for either option and has been granted an extension of time until December 1, 1998, to make the necessary applications for permits for whatever option he intends to pursue.

The building is presently listed for sale and the Realtor has been advised by the City of the foregoing requirements; however, it is recommended that a 336D Notice be filed against the title to the property to ensure that any prospective purchaser is made aware that there are violations of the Zoning & Development and Vancouver Building By-laws related to this building.

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(c) 1998 City of Vancouver