Vancouver City Council |
ADMINISTRATIVE REPORT
Date: June 23, 2003
Author/Local: K Morgan/604-873-7760
RTS No. 03485
CC File No. 2701
Meeting Date: July 8, 2003
TO:
City Council
FROM:
Assistant Director of Licenses and Inspections
SUBJECT:
981 - 989 Nelson Street, 970 Burrard Street
and 955 - 995 Hornby Street (known as 989 Nelson Street)
Request for injunctive reliefRECOMMENDATION
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 989 Nelson Street and may, in her discretion, seek injunctive relief in that action or proceeding, in order to bring this building into compliance with City By-laws.
GENERAL MANAGER'S COMMENTS
The General Manager of Community Services RECOMMENDS approval of the foregoing.
COUNCIL POLICY
Sections 334 and 571 of the Vancouver Charter allow the City to seek injunctive relief for any By-law contravention.
PURPOSE
The purpose of this report is to request Council's approval to seek injunctive relief for By-law violations at 989 Nelson Street.
DISCUSSION
The existing building at 989 Nelson Street is a mixed-use commercial/residential building located in a CD-1 (Comprehensive Development) District. The building is listed in the Vancouver Heritage Inventory in category A and has been designated by the City of Vancouver as a municipal heritage building.
As a result of complaints, our inspection services reported that an approximate 70 ft x 20 ft x 16 ft high wood-framed four-sided structure was being constucted at the south side of the building around an exterior treed planter in contravention of the Zoning and Development, Vancouver Building and Sign By-laws. A "stop work notice" was posted on June 17, 2003. An inspection on June 18th indicated that two sides of the structure (north and east) had been covered with a soft plastic material with signage advertising a new development in the area, reading in part "electric avenue condominiums" and "developed by Wall Financial Corporation". On June 19, 2003 the owners of the building were ordered to stop work immediately and remove the structure. A copy of the order was posted on the structure. A City inspector left messages for a representative of Wall Financial and spoke with him on June 17th and June 18th, advising that the structure was unapproved and must be removed. The sign contractor advised the inspector that a representative of Wall Financial was pressuring him to put up the sign and told him that it was approved by the City.
It was further reported that there are two unapproved facia signs advertising the new development attached to the retaining wall by the stairs to the building entrance reading in part "Sales Centre Enter Here". There are also two small facia signs advertising the sales centre at the entrance to the building and three sandwich board signs reading "open" with arrows. Further, there is an unapproved approximate 3.2 ft x 16.4 ft vertical banner sign on the west elevation of the building, facing south, advertising sales for the building at 989 Nelson Street reading in part "Electra/strata-titled/offices/shops/restaurants/$50,000".
CONCLUSION
Subject to Council approval, I will be referring this matter to the Director of Legal Services to request that she commence legal action or seek an injunction if, in her opinion, it is appropriate to do so.
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