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. -2- 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. -3- 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. * * * * *