|
REPORT TO COUNCIL STANDING COMMITTEE OF COUNCIL
APRIL 10, 2003 |
A Regular Meeting of the Standing Committee of Council on Planning and Environment was held on Thursday, April 10, 2003, at 2:00 p.m., in Committee Room No. 1, Third Floor, City Hall.
PRESENT: |
Councillor Anne Roberts, Chair
|
ABSENT: |
Councillor Jim Green, Vice Chair (Leave of Absence - Civic Business)
|
CITY MANAGER'S OFFICE: |
Judy Rogers, City Manager |
CITY CLERK'S OFFICE: |
Laura Kazakoff, Meeting Coordinator |
ADOPTION OF MINUTES
The Minutes of the Standing Committee on Planning and Environment meeting of
March 13, 2003, were adopted.
RECOMMENDATION
1. Significant Rezoning Application: 950 Quebec Street (File 5307)
The Committee had before it an information sheet regarding a significant rezoning application which has been submitted by Bosa Development Corporation for 950 Quebec Street.
Brent Elliott, Planner, provided a brief overview of the proposed application for a residential tower and townhouse development, and reviewed the major issues to be considered, including community impacts, access and tower height. Mr. Elliott responded to questions concerning this proposal's relationship to the "City Gate" development, bicycle parking, and whether the development will include "live/work" units.
Staff agreed to raise Council members' suggestions for the consideration of live/work and individual, secured bicycle parking during ongoing discussions with the developers.
2. Nuisance Property and Dangerous Fire Escape at 2031 Stainsbury Avenue
(File 2701)
The Committee had before it an Administrative Report dated March 18, 2003, in which the City Building Inspector recommended Council declare the property at 2031 Stainsbury Avenue a nuisance and the dilapidated fire escape dangerous and order the owner to do the necessary clean-up and repairs. As well it was recommended that a Notice be placed on Title to the property to warn prospective purchasers there are violations of City by-laws and an Order of Council against the property. The General Manager of Community Services supported the recommendations.
Carlene Robbins, Manager, By-law Administration, with the aid of photographs, reviewed the condition of the subject property, and in response to a question, explained the process and expected timeline in the event the property owner does not comply within the recommended timeframe.
James Scott, speaking on behalf of the property owner, Don Robertson, who was also present, addressed the Committee and expressed opposition to staff's recommendations. Mr. Scott provided clarification regarding some of the photographs shown by staff. He further noted that Mr. Robertson is aware of the problems in regard to the property's appearance, but due to his health and financial position will not be able to comply with all of the demands in the timeframe provided. Mr. Scott advised that Mr. Robertson has addressed all electrical work which was previously requested, and has begun work on the fire escape, which demonstrates his willingness to bring the property into compliance. Mr. Scott requested that Mr. Robertson be given until October 31 of this year to remove the vehicles and debris and complete the other work.
Ms. Robbins, along with Paul Dmytriy, Property Use Inspector, and Erv Hildebrandt, Building Inspector, responded to questions in regard to issues raised by the above-noted speaker.
MOVED by Councillor Cadman
THAT the Committee recommend to Council
A. THAT Council declare that the condition of the property at 2031 Stainsbury Avenue, Lot 7 Block 6 to 8 District Lot 195 Plan 1976 PID 014-138-301 is a nuisance and that the dilapidated fire escape at the rear of the building on this property is dangerous pursuant to Section 324A of the Vancouver Charter.
B. THAT Council approve the Resolution attached to the Administrative Report dated March 18, 2003, entitled "Nuisance Property and dangerous fire escape at 2031 Stainsbury Avenue" and order the Registered owner of the property to repair the exterior fire escape and to remove all debris, miscellaneous items and materials stored in the yards and remove all unlicensed, dismantled or wrecked vehicles parked/stored in the yards within 30 days of a copy of the Resolution being served pursuant to Section 324A of the Vancouver Charter.
C. THAT in the event of the failure of the owner to comply with the order of Council, Council further orders and hereby authorizes the City Building Inspector to have the exterior fire escape repaired and have all miscellaneous items stored in the yards and all unlicensed, dismantled or wrecked vehicles parked/stored in the yards removed, disposed of or sold pursuant to Section 324A(2) of the Vancouver Charter. Council further orders that from the proceeds of such sale or disposal shall be deducted for the use of the City the actual costs and disbursements incurred by the City in carrying out the removal, sale and disposal and the remainder of such proceeds shall be paid by the City to the owner.
D. THAT in the event of the failure of the owner to comply with the order of Council and/or the owner fails to allow the City Building Inspector and/or his designate access to the site to carry out the work as outlined in Recommendation C above, 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 2031 Stainsbury Avenue, and may, in her discretion, seek injunctive relief in that action or proceeding, in order to bring this building and/or property into compliance with City By-laws.
E. THAT the City Clerk be directed to file a 336D Notice against the Certificate of Title to the property at 2031 Stainsbury Avenue, in order to warn prospective purchasers that there are violations of the Vancouver Building, Standards of Maintenance and Untidy Premises By-laws related to the building and property and that there is an order of Council against the property.
CARRIED UNANIMOUSLY
3. 432 Richards Street - Class `D' Neighbourhood Pub (File 2615-1)
The Committee had before it an Administrative Report dated March 25, 2003, in which the Chief License Inspector reviewed a request by Up `n' Down Restaurants for a 97 seat Class `D' pub at 432 Richards Street, and put forward for consideration that Council either approve, or not approve, the application. The General Manager of Community Services put forward the choice of either approving or not approving the application.
Guy Gusdal, License Co-ordinator, provided an overview of the report and responded to questions regarding circumstances surrounding previous enforcement issues in regard to the applicants, and the length of time since the last infraction occurred.
Rob Anderson, Up'n' Down Restaurants Ltd., spoke in support of the application for a 97-seat pub, and provided information regarding the over-crowding infraction which occurred. He further noted there have been no violations at the premises in the past seven months. In response to a question, Mr. Anderson noted that customers no longer had access to the balconies, therefore problems in regard to alcohol being consumed on the balconies will no longer be an issue.
MOVED by Councillor Bass
THAT the Committee recommend to Council
THAT Council, having considered the majority of area residents and business operators to be in favour of the application as determined by neighbourhood notification, the proximity of residential developments, traffic patterns, road access, availability of parking, noise impacts, social facilities, public buildings and overall design, endorse the request by Up `N' Down Restaurants Ltd. for a 97-seat Class `D' Neighbourhood Pub on the second floor at 432 Richards Street subject to:
i) A Time-Limited Development Permit;
ii) Hours of operation limited from 9:00 a.m. to 12 midnight, Sunday through Thursday, and 9:00 a.m. to 1:00 a.m., Friday and Saturday;
iii) The signing of a Good Neighbour Agreement with the City before the issuance of a business license;
iv) No exotic entertainment/dancers or off-premise sales; and
v) Adherence to clean air practices.
CARRIED UNANIMOUSLY
The Committee adjourned at 3:00 p.m.
* * * * *
