ADMINISTRATIVE REPORT
Date: December 14, 1995
File No. 85E30TH
TO: Vancouver City Council
FROM: City Building Inspector
SUBJECT: Warning to Prospective Purchasers
of 85 East 30th Avenue
RECOMMENDATION
THAT the City Clerk be directed to file a 336D Notice Against
the Certificate of Title to the property at 85 East 30th
Avenue in order to warn prospective purchasers that there is a
contravention of the Zoning and Development and Vancouver
Building By-laws related to this building.
GENERAL MANAGER'S COMMENTS
The General Manager, 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 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 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.
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DISCUSSION
On September 15, 1993, the District Building Inspector observed that the
second storey deck at the front of this single-family dwelling had been
enclosed to provide additional floor area without permit or approval in
contravention of the Zoning and Development and Vancouver Building By-
laws.
The owners of the property were subsequently ordered to obtain a
Development Permit and Building Permit or remove the enclosure.
On December 13, 1993, the owners submitted Appeal No. Z27839 to the
Board of Variance requesting permission to retain this enclosure.
The appeal was approved for a limited time only and was subject to the
owners submitting a letter of credit to the City in the amount of
$10,000.00 and obtaining the required Development Permit and Building
Permit.
The owners of the property failed to comply with the conditions of the
appeal and were ordered to remove the enclosure.
On October 4, 1995, the District Building Inspector confirmed that the
enclosure was still existing. Consequently, the City Prosecutor has
laid charges and a court date is pending.
The inspector recently advised that the building is up for sale.
The filing of a 336D notice will ensure that any prospective purchaser
is made aware that there is a contravention of the Zoning and
Development and Vancouver Building By-laws related to this
building and that the purchaser may suffer a significant loss or expense
if the By-laws were enforced against him.
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