October 10, 2017 - Minutes (Special)
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Tuesday, October 10, 2017
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Place: |
Anderson Room |
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Present: |
Mayor Malcolm D. Brodie |
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Absent: |
Councillor Carol Day |
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Call to Order: |
Mayor Brodie called the meeting to order at 4:00 p.m. |
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RES NO. |
ITEM |
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COMMUNITY SAFETY DIVISION |
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1. |
Business Licence Cancellation for Best Home Inn, operating from a premises at 10660 Westminster Hwy |
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Mayor Brodie noted that the business operator of Best Home Inn is now in compliance with City regulations and therefore no further action is required. |
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SP17/4-1 |
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It was moved and seconded |
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That the staff report titled Business Licence Cancellation for Best Home Inn, Operating from a Premises at 10660 Westminster Hwy., from the Acting Senior Manager, Community Safety, Policy and Programs and Licensing, dated September 25, 2017, be received for information. |
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CARRIED |
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2. |
Business Licence Cancellation and Notice Against Title for The Stone Hedge B&B, operating from a premises located at 5511 Cathay Road |
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Carli Edwards, Acting Senior Manager, Community Safety, Policy and Program and Licensing, noted that staff has been working with the business owners on compliance since February 2017 and that staff are reviewing a building permit application recently submitted by the business owners. She added that staff are recommending that a statutory notice be placed on-title relating to the non-compliance with the City’s building and zoning regulations. Also, Ms. Edwards noted Council has the option to consider a business license suspension or to defer consideration of cancellation to a later date. |
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An aerial image of the property was distributed (attached to and forming part of these minutes as Schedule 1). |
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In reply to queries from Council, staff, noted that: |
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staff were aware of the compliance issues on January 2017 and that staff identified violations that contravene the previous Zoning and Business Licence Bylaws in place at that time; |
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staff have indicated that there are no imminent safety issues with the buildings on-site; |
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a detached poolside structure is being used as part of the bed and breakfast operation, and as a result is in violation of zoning bylaws prohibiting habitable space in detached structures; |
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the detached poolside structure encroaches on a City utility Right-of-Way (ROW); |
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options to attach the poolside structure to the main building are not possible as it will exceed the Floor Area Ratio (FAR) permitted for the site; |
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the business owner has suggested that a portion of the poolside structure over the ROW can be removed and staff have advised that a variance would be required given the proximity of the structure to the lot line; |
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the City’s zoning bylaws limit living space in the principal unit; |
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the garage was converted into living space without permits; and |
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it is possible to add an extra bedroom to the main building with the proper permits. |
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Brian Cooper, owner and operator of the Stone Hedge Bed and Breakfast, read from his submission, (attached to and forming part of these minutes as |
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Mr. Cooper expressed willingness to comply and has suggested the following options to continue bed and breakfast operations: |
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operate as a two bedroom bed and breakfast, by (i) bringing the main building, including the two bedrooms used for the bed and breakfast to compliance within two weeks, (ii) removing the living space in the garage, and (iii) converting the detached poolside structure to an amenity room and bring it to compliance; or |
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maintain the three bedroom license with a six month deferral to allow for compliance. |
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In reply to queries from Council, Mr. Cooper noted that (i) the portion of the detached poolside structure over the ROW can be removed, (ii) the works can be completed during the low season, (iii) the garage can be converted back into garage space to fall within the permitted FAR for the site, and (iv) more time is required to meet compliance. |
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Brittany Cooper, Stone Hedge Bed and Breakfast, spoke in support of maintaining operation of the bed and breakfast, and expressed that (i) the living space in the garage can be converted back into garage space, (ii) there have been no safety issues with the building, (iii) it may not be feasible for the business owners to stay in the property if the business shuts down, and (iv) the business owners have shown diligence in their efforts to bring the property to compliance. |
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In reply to queries from Council, Ms. Edwards noted that plumbing and gas permits were issued for furnace and bathroom works and were completed, however, configuration issues involving living space in the garage and the detached poolside structure remain unresolved. She added that the recently submitted building permit is under staff review. |
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Discussion ensued with regard to (i) options to allow the business to operate as a two bedroom bed and breakfast during the process to meet compliance, (ii) options to convert the garage as a third bedroom, and (iii) deferring the consideration of business license cancellation to January 15, 2018. |
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Mayor Brodie noted that Council has the option to extend the deferral if work to meet compliance is nearing completion at that time. |
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SP17/4-2 |
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It was moved and seconded |
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(1) |
That consideration of the cancellation of the business licence of The Stone Hedge B&B, operating from a premises located at 5511 Cathay Road, be deferred until January 15, 2018, given that operation of the detached poolside structure cease; and |
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(2) |
That, according to section 57 of the Community Charter, City staff be directed to file a notice against land title that building regulations have been contravened in respect to the building located at 5511 Cathay Road. |
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CARRIED |
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3. |
Business Licence Cancellation and Notice Against Title for Seabreeze Guest House, operating from a premises located at 3111 Springside Place |
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Carli Edwards, Acting Senior Manager, Community Safety, Policy and Program and Licensing, advised that (i) the business owner has obtained all required permits to proceed with the work and work to bring the building to compliance is underway, (ii) the secondary suite on-site has been removed, (iii) the City requires that the business operator of a bed and breakfast live on-site, (iv) the business was transferred to the owner’s mother who lives on-site. |
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John Falcus, Seabreeze Guest House, spoke on the process to meet compliance, noting that (i) drawings were submitted to the City in April 2017 and have since been approved, (ii) habitable space was reduced by 150 ft2, (iii) construction is nearing completion and final inspection can be arranged. |
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Mr. Falcus requested a deferral to the cancellation of the business license in order to complete the required work. |
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Discussion ensued with regard to deferring the consideration of the cancellation of the business license to January 15, 2018. Ms. Edwards noted that Council will be informed should the Seabreeze Guest House remain non-compliant by January 15, 2018. |
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SP17/4-3 |
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It was moved and seconded |
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(1) |
That consideration of the cancellation of the business licence of Seabreeze Guest House, operating from a premises located at 3111 Springside Place, be deferred until January 15, 2018; and |
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(2) |
That, according to section 57 of the Community Charter, City staff be directed to file a notice against land title that building regulations have been contravened in respect to the building located at 3111 Springside Place. |
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CARRIED |
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ADJOURNMENT |
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SP17/4-4 |
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It was moved and seconded |
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That the meeting adjourn (4:54 p.m.). |
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CARRIED |
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Certified a true and correct copy of the Minutes of the Special meeting of the Council of the City of Richmond held on Tuesday, October 10, 2017. |
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Mayor (Malcolm D. Brodie)
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Corporate Officer (David Weber) |