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.    









                                      -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. 
     



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