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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