ADMINISTRATIVE REPORT

Date: November 30, 1999
Author/Local: C. Robbins/7535
RTS No. 01163

CC File No. 2701-1

P&E: December 16, 1999

TO:	Standing Committee on Planning and Environment
FROM:	City Building Inspector
SUBJECT:	Warning to Prospective Purchasers of 120 Cassiar Street Lot 1 Block 30 District Lot THSL Plan 363

RECOMMENDATION

A. THAT the City Clerk be directed to file a 336D Notice against the Certificate of Title to the property at 120 Cassiar Street, in order to warn prospective purchasers that there are contraventions of the Zoning and

Development and Vancouver Building By-laws related to this building.

B. THAT the Director of Legal Services be instructed to commence injunction
proceedings to obtain compliance with City by-laws at this address

GENERAL MANAGER'S COMMENTS

The General Manager of COMMUNITY SERVICES recommends approval
of the foregoing

COUNCIL POLICY

Section 336D of the Vancouver Charter 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. It provides that if the City Building Inspector observes a condition that he considers is of a nature that a purchaser unaware of the contravention,would suffer a significant loss or expense if the by-law were enforced against him, he may recommend to City Council that a resolution be considered directing the City Clerk to file a notice against the Title to the property in the Land Title Office.

BACKGROUND

This is an existing single family dwelling located in an RS-1 District. In September of 1998, the District Building Inspector observed the construction of an approximate 11' x 15' main floor addition on the north side and exterior alterations including new windows, glass block stucco and roofing being carried out without permit or approval. This was in contravention of the Zoning and Development and Vancouver Building By-laws.

A Stop Work order was posted on the building and the owners were directed to make application for the required permits.

The owners proceeded to complete the construction in violation of the Stop Work order.

A subsequent application for Development Permit (DE403176) was refused by the Director of Planning. Following the refusal of DE403176, the owners submitted an Appeal to the Board of Variance (Appeal No. Z29745) that was disallowed.

A reinspection of the property revealed that the unauthorized work still exists and that the building is now listed for sale. The owners have now been ordered to remove the unapproved work. If they fail to comply with the order, I will be referring this matter to Legal Services requesting that they pursue an Injunction to have this unauthorized work
removed.

DISCUSSION

The filing of a 336D Notice against the Title to the property will warn any prospective purchasers that there are violations of the Zoning and Development and Vancouver Building By-laws related to this building.

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(c) 1998 City of Vancouver