CITY OF VANCOUVER
REGULAR COUNCIL MEETING MINUTES
STANDING COMMITTEE ON
PLANNING AND ENVIRONMENT
MAY 15, 1997
A Regular Meeting of the Council of the City of Vancouver was held
on Thursday, May 15, 1997, at approximately 4:05 p.m. in Committee Room
No. 1, Third Floor, City Hall, following the Standing Committee on
Planning and Environment meeting, to consider the recommendations of the
Committee.
PRESENT: Mayor Philip Owen
Councillor Nancy A. Chiavario
Councillor Jennifer Clarke
Councillor Alan Herbert
Councillor Daniel Lee
Councillor Don Lee
Councillor Gordon Price
Councillor Sam Sullivan
ABSENT: Councillor Don Bellamy (Leave of Absence)
Councillor Lynne Kennedy (Civic Business)
Councillor George Puil
CITY MANAGER'S
OFFICE: Ken Dobell, City Manager
CLERK TO THE
COUNCIL: Nancy Largent
COMMITTEE OF THE WHOLE
MOVED by Cllr. Clarke,
SECONDED by Cllr. Chiavario,
THAT this Council resolve itself into Committee of the Whole, Mayor
Owen in the Chair.
- CARRIED UNANIMOUSLY
COMMITTEE REPORTS
Report of Standing Committee on Planning and Environment
May 15, 1997
Council considered the recommendations of the Committee as
contained in the following clauses of the attached reports:
Cl. 1: Warning to Prospective Purchasers of 449 East 17th Avenue
(Lot 18, Block 94, DL 301, Plan 187)
Cl. 2: Warning to Prospective Purchasers of individual strata
lots at 1238 Seymour Street
(Strata Lots 1-223, Strata Plan LMS2446, District Lot
541)
Warning to Prospective Purchasers of 449 East 17th Avenue
Lot 18, Block 94, DL 301, Plan 187
(Clause 1)
MOVED by Cllr. Clarke,
THAT the recommendation of the Committee, as contained in Clause 1
of the attached report, be approved.
- CARRIED UNANIMOUSLY
Warning to Prospective Purchasers of individual strata lots
at 1238 Seymour Street
(Strata Lots 1-223, Strata Plan LMS2446, District Lot 541)
(Clause 2)
MOVED by Cllr. Clarke,
THAT the recommendations of the Committee, as contained in Clause 2
of the attached report, be approved.
- CARRIED UNANIMOUSLY
RISE FROM COMMITTEE OF THE WHOLE
MOVED by Cllr. Clarke,
THAT the Committee of the Whole rise and report.
- CARRIED UNANIMOUSLY
ADOPT REPORT OF COMMITTEE OF THE WHOLE
MOVED by Cllr. Clarke,
SECONDED by Cllr Chiavario,
THAT the report of the Committee of the Whole be adopted.
- CARRIED UNANIMOUSLY
Council adjourned at 4:10 p.m.
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REPORT TO COUNCIL
STANDING COMMITTEE OF COUNCIL
ON PLANNING AND ENVIRONMENT
MAY 15, 1997
A Regular Meeting of the Standing Committee on Planning and
Environment was held on Thursday, May 15, 1997 at approximately 2:00
p.m. in Committee Room No. 1 , Third Floor, City Hall.
PRESENT: Councillor Jennifer Clarke, Chair
Mayor Philip Owen
Councillor Nancy A. Chiavario
Councillor Alan Herbert
Councillor Lynne Kennedy
Councillor Daniel Lee
Councillor Don Lee
Councillor Gordon Price
Councillor Sam Sullivan
ABSENT: Councillor Don Bellamy (Leave of Absence)
Councillor George Puil
CITY MANAGER'S
OFFICE: Ken Dobell, City Manager
CLERK TO THE
COMMITTEE: Nancy Largent
ADOPTION OF MINUTES
The minutes of the meeting of May 8, 1997 were adopted as
circulated.
Vary Order of Agenda
Since the delegation expected for item 1 was not present at the
beginning of the meeting, the Committee agreed to vary the order of
agenda to deal with item 2 first. However, for clarity of reference,
items are minuted in numerical order.
RECOMMENDATIONS
1. Warning to Prospective Purchasers of 449 East 17th Avenue
Lot 18, Block 94, DL 301, Plan 187 File: 2701-1
The Committee had before it an Administrative Report dated April
14, 1997 (on file), in which the City Building Inspector recommended
that a 336D Notice be filed against the Certificate of Title to the
property at 449 East 17th Avenue to warn any prospective purchasers that
the building contravenes the Zoning and Development and Vancouver
Building By-laws. This item was previously scheduled for the City
Council meeting of May 6, 1997, but was withdrawn from that agenda in
response to a delegation request from the owner.
Peter Sweeney, Manager, Building Inspection, responded to
questions. Mr. Sweeney noted that the owner had been advised of this
meeting by hand-delivered letter, but was not present to speak.
The Chair ascertained that no other representative of the property
owner was present.
The following motion by Mayor Owen was put and carried. Therefore,
the Committee
RECOMMENDED
THAT the City Clerk be directed to file a 336D Notice against the
Certificate of Title to the property at 449 East 17th Avenue in
order to warn prospective purchasers that there is a contravention
of the Zoning and Development and Vancouver Building By-laws
related to this building.
- CARRIED UNANIMOUSLY
(Councillor Kennedy was not present for the vote on the foregoing)
2. Warning to Prospective Purchasers of individual strata lots
at 1238 Seymour Street
(Strata Lots 1-223, Strata Plan LMS2446, District Lot 541) File: 2701-1
Before discussion began on this item, Councillor Kennedy declared a
conflict of interest because of a family member's connection with the
architectural firm for the building. Councillor Kennedy then left the
meeting and did not return.
On February 27, 1997, Council granted a 60-day extension to Strata
owners at 1238 Seymour with respect to the filing of 336D Notices
against their respective Certificates of Title. Staff were directed to
meet with representatives of the residents and report back on resolution
of by-law infractions, floor space issues and parking requirements.
Staff were also instructed to inspect the entire building. The
Superintendent of Real Estate was asked to investigate the situation.
Accordingly, the Committee now had before it an Administrative Report
dated April 30, 1997 (on file), in which the General Manager of
Community Services and City Building Inspector provided the requested
update. As of the date of this meeting:
Owners of suites listed in Appendix A of the Administrative Report
had either failed to permit the inspector to enter the suite to
carry out an inspection, or were still in violation of by-laws
relating to life safety, and had not entered into the
negotiation/resolution process with the City and the Strata
Committee. Therefore, it was recommended that 336D Notices be
filed against the Certificates of Title to these strata lots to
warn any prospective purchasers that the building contravenes the
Zoning and Development and Vancouver Building By-laws;
Owners of suites listed in Appendix B of the Administrative Report
had entered into the negotiation/resolution process with the City,
and hired a Fire Protection Consultant to explore options for
retrofitting combustible construction in their units. Subject to
approval of the Director of Legal Services, it was recommended that
a Caveat be filed against these suites in the interim;
Further, the City has been advised the Superintendent of Real
Estate will conduct an investigation into the sale of the strata lots at
1238 Seymour Street (letter from the Deputy Superintendent of Real
Estate dated May 2, 1997, on file).
Ted Droettboom, General Manager of Community Services, reviewed
issues and agreement reached between City staff and the Strata Council:
With respect to the floor space issue, staff will support appeals
to the Board of Variance regarding the catwalks between lofts and
storage closets, so long as they are structurally sound;
With respect to the Zoning By-law f.s.r. issue, the Strata Council
is pursuing the possibility of either a rezoning application or a
heritage density purchase;
Some strata owners have employed a fire protection engineer to
explore the possibility of bringing some of the combustible
construction into compliance, and staff will review this submission
when received, again with construction allowed only where there is
Building and Zoning By-law concurrence on any new construction.
Terry Bland, Corporation Counsel, noted it will take some time for
those owners who are attempting to find equivalencies with the
assistance of the engineering consultant. As an interim measure, Council
may wish to provide an alternative to a 336D Notice as a means of
protecting prospective purchasers of these units. However, Mr. Bland
did not consider the proposed Caveat to be an effective alternative.
Rather, he recommended that the City enter into a letter of agreement
with each owner that removal or compliant construction will be reached
by a specific date, including a provision to advise any prospective
purchasers. Mr. Bland also reviewed the response of the Superintendent
of Real Estate to Council's previous requests.
Peter Sweeney, Manager of Building Inspection, reported on
inspection of the higher floors of the building, and indicated
enforcement is proceeding against two units. Mr. Sweeney also advised
the City Building Inspector has agreed to accept the dimensions of the
provincial building code for circular stairways; the narrower
circumference accepted under that code will render some stairways
compliant.
Amalia Liapis, Strata Council Committee, reviewed the actions of
those owners involved in the City process. As noted by staff, a
consultant has been hired on the issue of combustible materials; the
letters proposed by Mr. Bland would be an acceptable alternative to the
owners. With respect to the floor space issue, the immediate problem
might be solved through purchase of heritage density, but the problem of
new owners wishing to enlarge their loft area will remain. A rezoning
to permit an entire second floor for each overheight floor would provide
a permanent solution. However, noting provisions of the Condominium Act
regarding expenditure of funds by a strata council may be difficult to
achieve, Ms. Liapis asked whether rezoning application fees could be
waived. On the parking issue (stalls intended for guest parking were
sold to unit owners), Ms. Liapis felt that this is an issue staff should
pursue with the developer, but in view of the location of the building,
guest parking may not be a problem.
Ms. Liapis also read a letter from Stuart Childs, expressing
concern that verbal approval was given for some changes pending later
submission of documentation, which gives the appearance of a double
standard.
In response to queries, Mr. Sweeney acknowledged there are
discrepancies between the drawings currently on record and what was
approved. While it is not uncommon to give verbal approvals for changes
pending receipt of revised drawings, these should have been submitted in
a timely fashion. This building was developed under the City's
Certified Professional program, and the matter will be pursued with the
relevant professional association. Mr. Sweeney also indicated that
normal enforcement will be pursued with the developer respecting the
parking issue.
Mr. Droettboom advised that while purchase of heritage density
would be "business as usual", a rezoning application to add significant
additional floor space would be a serious policy decision requiring
careful assessment. At the least, the City would normally put a price
on added development potential. There are also questions of precedent,
and of fairness to other developers, who would no doubt watch Council's
decision on such a matter carefully. Mr. Droettboom also commented on
the question of how similar situations might be prevented in future, and
issues of by-law interpretation.
Asked about the request to waive fees, Mr. Bland indicated Council
does not have the power to discriminate with respect to fees for
rezoning. However, it would be possible for Council to instruct the
Director of Planning to make the application. Mr. Droettboom felt this
would set an undesirable precedent, and clarified application fees would
be a small part of the cost of any such rezoning.
Barry Wilkinson, property owner, requested that a 336D Notice not
be filed against his property, as recommended by staff, but that it be
moved to Appendix B instead. Mr. Wilkinson indicated his only
non-compliance is the stair diameter, and the stairs are of
non-combustible construction. Therefore, Mr. Wilkinson felt that a 336D
Notice would be unnecessarily severe. Mr. Sweeney reviewed the particulars with respect to Mr.
Wilkinson's unit, noting decision regarding a catwalk is awaiting the
outcome of the Board of Variance appeal. Mr. Sweeney agreed it would
not be unreasonable to handle his unit by letter of agreement or caveat
rather than a 336D Notice.
The Committee noted it would not be likely to look favourably upon
a rezoning application to add an additional floor to each overheight
floor in the building. Otherwise, the Committee supported the staff
recommendations with the modification proposed by the Corporation
Counsel.
The following motions by Mayor Owen were put and carried.
Therefore, the Committee
RECOMMENDED
A. THAT the City Clerk be directed to file a 336D Notice against
the Certificate of Title to the specific strata lots outlined
in Appendix A of the Administrative Report dated April 30,
1997, after amendment to delete Strata Lot # 38, in order to
warn prospective purchasers that there is a contravention of
the Zoning and Development and Vancouver Building By-laws
related to these individual strata lots.
B. THAT the Director of Legal Services prepare Letters of
Agreement with the owners of the specific strata lots outlined
in Appendix B of the Administrative Report dated April 30
1997, and Strata Lot # 138, specifying that compliance or
removal of non-compliant construction will be reached by a
specific date, and including a provision that the owner will
advise any prospective purchasers that there is a
contravention of the Zoning and Development and Vancouver
Building By-laws related to the specific strata lot.
- CARRIED UNANIMOUSLY
(Councillor Kennedy was not present for the vote
on the foregoing)
The Committee adjourned at 4:05 p.m.
* * * * *