SUPPORTS ITEM NO. 1
P&E COMMITTEE AGENDA
NOVEMBER 9, 1995
ADMINISTRATIVE REPORT
Date: October 19, 1995
Dept. File No.2177IC.COV
TO: Standing Committee on Planning & Environment
FROM: Director of Permits and Licenses
SUBJECT: Request to Withhold Enforcement Action:
3650 Charles Street - Kebco Industries Ltd.
CONSIDERATION
A. THAT Council instruct the Director of Permits and Licenses to
withhold enforcement action regarding the use of 3650 Charles
Street until October 31, 1996.
OR
B. THAT Council instruct the Director of Permits and Licenses to
proceed with the normal enforcement action relating to the use
of 3650 Charles Street.
GENERAL MANAGER'S COMMENTS
The General Manager of Community Services submits the choice of A
or B for CONSIDERATION.
COUNCIL POLICY
There is no Council policy directly related to this issue.
PURPOSE
Kebco Industries, the owner of the property of 3650 Charles Street, has
requested that Council consider instructing the Director of Permits and
Licenses to withhold enforcement action on the unauthorized use of a
portion of this site.
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BACKGROUND
In July of 1981, the City issued a Development Permit to construct a
wholesale building with accessory offices at 3650 Charles Street. A
condition of the permit was that a minimum of 11 parking spaces and two
loading spaces were to be provided on the site.
In April of 1985, an inspection revealed that the parking area was being
used for storage of supplies. A letter was sent to the property owner,
and the tenant subsequently complied by providing a revised parking
layout. Although a permit application was not received, follow-up
action was not completed, through an oversight by the City.
A complaint was again received in 1992 regarding the use of the parking
lot for storage. By this time a new townhouse development and the Air
Care station had been built in this block, resulting in a parking
shortage and traffic congestion. A letter was again sent requesting
that the owners apply for the necessary permits to retain the storage
use. No application was made, and follow-up orders were sent in March
of 1993.
A Development Application was then received to change the use of the
parking area to provide storage racks. This application was refused in
July of 1993. However, an appeal was filed on the refusal, and the
Board of Variance granted the appeal for a limited period of time,
expiring on June 30, 1995. A further appeal was filed and heard on June
14, 1995. This time the Board of Variance refused the appeal, thereby
denying the use of the storage racks in the parking area.
Copies of our letters and orders are attached(limited distribution; on
file in the City Clerk's Office).
DISCUSSION
Recent inspections have verified that the storage racks continue to
exist in the required parking area. The property owner had requested an
extension of time, until October 31, 1996, as the lease expires on that
date. The Director of Permits and Licenses refused this request as the
Board of Variance has turned down the appeal, and the extension would be
for another full year.
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The property owner states that the tenant (Western Supply) has been
trying to find an alternative site for the past two years, but has been
unable to do so because the tenant requires the right size building with
parking and outside storage, close to Vancouver, and within a viable
budget. The owner also notes the possibility of "costly and time
consuming litigation between the tenant and the property owner".
Kebco Industries Ltd., has now requested that City Council instruct the
Director of Permits and Licenses to withhold enforcement until October
31, 1996, to enable the tenant to remain on the site and to use a
portion of the parking area for storage.
CONCLUSION
Both the property owner and the tenant have been aware of the storage
problem since 1985, and have been actively looking for an alternative
location since 1993. As the Board of Variance has refused the appeal
for a further extension, the Director of Permits and Licenses is not
willing to withhold enforcement action unless directed to do so by
Council.
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