ADMINISTRATIVE REPORT

Date: November 29, 1999
Author/Local: C. Robbins/7535
RTS No. 01160

CC File No.2701-1

P&E: January 13, 2000

TO:	Standing Committee on Planning and Environment
FROM:	City Building Inspector
SUBJECT:	Warning to Prospective Purchasers of 6718 Marine Crescent

RECOMMENDATION

THAT the City Clerk be directed to file a 336D Notice against the Certificate of Title to the property at 6718 Marine Crescent (Lot A Ex Pcl 1 of A of 14, Block 1 Sth, District Lot 526 Plan 7356), in order to warn prospective purchasers that there are contraventions 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

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

On August 28, 1996, Combined Development and Building Permit No. DB402837 was issued to construct a single family dwelling with a built-in garage at this location. The Zoning for the property at that time was RS-1.

Since the issuance of the permit, construction activity has been sporadic. This department has received complaints from neighbouring residents about the lack of progress and the unsightly condition of the property. Our Inspection staff have discussed the issues in person and by letter with the owner/constructor.

In early November of this year, the District Building Inspector reported that work had substantially discontinued for a time period greater than 6 months. The inspector advised that the construction was left in an unfinished state as follows:

1. the building was left at the framing stage with building paper applied

to the exterior

2. windows have been installed (although some are now broken)
3. the roof is only partially complete
4. skylights have not been installed
5. no electrical or plumbing work was carried out
6. there is scaffolding erected around the perimeter of the building
7. there are open trenches around the perimeter of the building
8. there is a swimming pool in the basement that is filled with water
9. there is debris and discarded materials on site
10. the site is not adequately fenced

As a result of the above, the owner/constructor has been notified that the Building Permit portion of DB402837 has expired and the Development Permit portion is null and void.
The owner has also been ordered to securely board-up the building, remove the scaffolding, provide fencing to the open trenches, remove all debris from the site and to provide fencing around the entire perimeter of the site. If the owner fails to comply with the order, the City will have the work done by a private contractor at the expense of the owner.

In addition to the above, the Zoning for the site has now changed to RS-5. As a result, the existing construction is non-conforming to the present RS-5 District Schedule. The building is 691 square feet over the maximum allowable above grade floor space and projects 35.39 feet into the required front yard. The owner has been advised that any applications for Development and Building Permit to complete the construction of this building will have to comply with the requirements of the By-laws in effect at the time.

Further, the building has not been left in a watertight condition and will continue to be exposed to the elements. Therefore, before the City will allow work to reconvene (under a new permit) the owners will be required to retain the services of a Registered Professional to determine the condition and adequacy of the wood framing and structural members.

DISCUSSION

The owner/constructor has also been notified that I would be preparing this report to City Council requesting that they file a 336D Notice against the Title to the property in order to warn any prospective purchasers of the above mentioned infractions and in particular that this building does not meet the current RS-5 District Schedule requirements of the Zoning and Development By-law.

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(c) 1998 City of Vancouver