A4
                             ADMINISTRATIVE REPORT

                                            Date:  June 27, 1996
                                            Dept. File No.: DIVINELI

    TO:       Vancouver City Council

    FROM:     Director of Permits & Licenses

    SUBJECT:  5055 Connaught Drive
              Emissaries of Divine Light


    RECOMMENDATION

         THAT Council instruct Corporation Counsel to initiate the
         necessary enforcement action to ensure that the premises at 5055
         Connaught Drive is prohibited from holding any further
         functions/events such as parties, wedding receptions or any other
         activity not recognized as being acceptable under the approved
         non-conforming use for this property.

    GENERAL MANAGER'S COMMENTS

         The General Manager of Community Services RECOMMENDS approval of
         the foregoing.

    COUNCIL POLICY

    There is no Council Policy on this subject.


    BACKGROUND

    For many years prior to 1977 the subject premises were occupied by the
    Mormon Church as a residence for a church missionary resident and
    family, and as a temporary residence and place of instruction of church
    missionaries  not exceeding eight (8) in number.  In 1977, as part of
    its consideration of purchasing this property, the Emissaries of Divine
    Light requested in writing permission to continue using these premises
    for a meeting place, boarding home and general centre for church
    functions as per the Mormon Church approval.  On March 24, 1977, the
    department notified them of the City's recognized non-conforming use of
    this premises (Appendix 'A').  This property is currently zoned RS-5
    and a church is a conditional use in this zoning district.

    DISCUSSION

    In early 1996, the Department, Mayor and a Councillor received numerous
    letters of complaint from several neighbours and the Shaughnessy
    Heights Property Owners Association regarding the use of these premises
    as a commercial operation.

    On March 27, 1996, an inspection of the premises confirmed the building
    was being used as an assembly hall for parties, wedding receptions and
    workshops not related to the church operations in violation of the
    Zoning and Development By-law.  As a result, a letter was sent to the
    owners ordering them to cease the use of an assembly hall  within 7
    days.  (Appendix 'B').

    Following the April 4, 1996 order, I met with Mr. Norman Smookler, the
    owner's representative, to discuss and review the current
    events/functions being held and the recognized approved use.  During
    the discussion Mr. Smookler mentioned that he had some conversations
    with our heritage staff regarding the possibility of voluntary heritage
    protection in exchange for use relaxations.  I confirmed that these
    discussions did occur late in 1995, but note that staff informed Mr.
    Smookler that any consideration of a use relaxation would involve input
    from the neighbourhood residents and a public hearing.  During the
    discussion  Mr. Smookler also stated that the church was experiencing
    some money difficulties and that it was decided to rent the premises
    for these types of events as a way or raising monies to offset
    operational costs.

    At the conclusion of our discussion, I indicated that if an application
    was submitted consideration would be given to withholding enforcement
    pending resolution of the application process.  (This is normal
    policy).  At that time there were 13 functions booked between June 13
    and September 23, 1996.  (Appendix 'C')

    However, it was brought to my attention that a function on Thursday May
    16, 1996 again resulted in neighbourhood disruption.  As a result, I
    concluded that given the concerns and complaints from neighbouring
    residents that the withholding of enforcement action pending the
    application process (probably several months) is not acceptable.  After
    making this decision, I advised the church to cancel all events
    scheduled after June 15, 1996.  (Appendix 'D')

    Staff have concerns that these functions may be held in any event
    unless some form of enforcement is initiated.

    CONCLUSION

    The recognized approved use of this property is for church related
    functions.  The present practice of renting the premises for commercial
    activities such as parties, wedding receptions, etc. is clearly in
    violation of the by-law.  Because these commercial activities are
    resulting in considerable neighbourhood disruption it is recommended
    that Council instruct staff to initiate the appropriate enforcement
    action to ensure these types of events are discontinued.


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