ADMINISTRATIVE REPORT

Date: July 12, 2001
Author/Local: K Morgan/7760

RTS No. 02227

CC File No. 2701

P&E: August 2, 2001

TO:	Standing Committee on Planning and Environment
FROM:	City Building Inspector
SUBJECT:	Warning to Prospective Purchasers of 1628 Marpole Avenue

RECOMMENDATION

A. THAT the City Clerk be directed to file a 336D Notice against the title to the property at 1628 Marpole Avenue (Lot 2, Block 38, District Lot 526, Plan LMP30847) in order to warn prospective purchasers that there are contraventions of a Heritage Revitalization Agreement related to this property.

B. THAT the Director of Legal Services is hereby authorized, in her discretion, to commence a legal action or proceeding in relation to the premises located at 1628 Marpole Avenue and may, in her discretion, seek a court order under Section 604 of the Vancouver Charter, in order to bring this property into compliance with the Heritage Revitalization Agreement.

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 acondition that he considers to be a contravention of a by-law relating to the construction or safety of buildings; or as a result of that condition, a building or structure is unsafe or unlikely to be usable for its expected purpose; or 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.

Section 604 of the Vancouver Charter allows the City to apply to the court for an order for compliance or restoration if a person does one or more of the following:

(a) does anything for which a heritage alteration permit is required by or under this Act without the authority of a heritage alteration permit;
(b) fails to comply with the requirements and conditions of a heritage alteration permit.

BACKGROUND

This existing one family dwelling at 1628 Marpole Avenue is located in the First Shaughnessy District. It is listed in the First Shaughnessy Heritage Inventory and in the Vancouver Heritage Inventory in category B.

Permits were issued in 1996 for interior and exterior alterations to the existing one family dwelling on the easterly portion of the site, to construct a new detached garage and to construct a new one family dwelling on the westerly portion. The site was subdivided and the new one family dwelling was addressed as 1638 Marpole Avenue (lot 1).

As part of the Development Permit approval and due to the nature of the site, a Heritage Revitalization Agreement was required. One of the conditions of the Heritage Revitalization Agreement, which permitted the subdivision, was to preserve the "original estate character of one large landscaped lot the boundary line between the proposed lot 1 and the proposed lot 2 shall not be demarked by fencing, structures or planting other than as contemplated in Development Permit Application No.DE401296 or as approved from time to time by the City's Director of Planning or his successor in function."

As a result of a complaint, inspections were carried out and revealed that an approximate 6 foot high cedar fence and chainlink fence/cedar hedge has been provided along the property line between 1628 and 1638 Marpole Avenue. The City Surveyor has confirmed that this fencing is located totally on lot 2 (1628 Marpole Avenue). The chainlink fence/cedar hedge also extends along the front (north) property line of 1628 Marpole Avenue. It was notedthat landscaping has been altered and does not comply with the approved plans. A letter was sent to the owners on May 31, 2001 advising them to either make application for a minor amendment to the approved Landscape Plan and Heritage Revitalization Agreement or provide landscaping in accordance with the approved plans.

An application for minor amendment for alterations to the landscaping has been submitted for 1638 Marpole Avenue only.

A recent inspection indicated that the fencing/hedge still exists at 1628 Marpole Avenue without approval.

Although the property is not currently listed for sale, it is recommended that a 336D Notice be filed against the title to the property at 1628 Marpole Avenue so that any prospective purchasers will be warned that there is a violation of the Heritage Revitalization Agreement related to this property. Subject to Council approval, I will be referring this matter to the Director of Legal Services to request that she commence legal action if, in her opinion, it is appropriate to do so.

* * * * *

(c) 1998 City of Vancouver