ADMINISTRATIVE REPORT

Date: October 13, 1998
Author/Local: C. Robbins/7535
RTS No. 00171

CC File No. 2701-1

TO:	Standing Committee on City Services & Budgets
FROM:	City Building Inspector
SUBJECT:	Warning to Prospective Purchasers 5948 Berkeley Street Lot 32, Block 1, District Lot 720, Plan 2208

RECOMMENDATION

That the City Clerk be directed to file a 336D Notice against the Certificate of Title to the Property at 5948 Berkeley Street 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, 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.

Subject: Warning to Prospective Purchasers of 5948 Berkeley Street

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 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

In September of 1995 as a result of a complaint, the District Building Inspector attended the above site and observed an approximate 13'6" x 11'10" addition and enlargement of the sundeck being constructed at the rear of this single family dwelling without permit or approval.

A stop work order was posted on site.

Because the addition does not meet the minimum standards of the Zoning and Development By-law with respect to floor space ratio, external design, yard requirements and building depth, the owners submitted an appeal to the Board of Variance in November of 1995, but were denied approval. Two subsequent appeals to the Board of Variance were also disallowed.

Because of the unsuccessful appeals, the owners were ordered to remove the unauthorized addition and extension of the deck, however, to date, have not complied.

In July of 1997, the owners plead guilty in Provincial Court and were fined.

A new order was issued to the owners in January of this year requiring removal of the addition. Because they have not complied, new charges have been laid in Provincial Court. However, the City Prosecutor's office advises that the process server has been unable to serve the owner and that a bench warrant has been issued.

Although the property is not currently listed for sale, it is recommended that a 336D Notice be filed against the title to the property so that in the event that the owners decide to sell, any prospective purchaser will be warned that there are violations of the Zoning and Development and Vancouver Building By-laws related to this building.

* * * * *

(c) 1998 City of Vancouver