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Council Meeting/Documents/Presentation: Section 57 Community Charter Notice for 21 Eaton Avenue
Presentation

Presentation: Section 57 Community Charter Notice for 21 Eaton Avenue

July 18, 2023Pages 48–595 sections

Slide presentation summarizing the history of contraventions at 21 Eaton Avenue and the recommendation for a Section 57 notice.

1 CALL TO ORDER- Mayor Tobias called the meeting to order at 7:00p.m.
Council Date: July 18, 2023Timeline: First inspection Sept 23, 2021Recommendation: Pass resolution for filing notice with Land Title Office

Section 57 Community Charter Notice for 21 Eaton Avenue

Council – July 18, 2023

Page 48–59

Purpose

  • To inform Council of a residential property with non-permitted construction in contravention of secondary suite, floor space and density regulations in the Zoning Bylaw and sections in the Town’s Building Bylaw.
  • To request Council to direct the Town to file a notice against the title of 21 Eaton Avenue under section 57 of the Community Charter.
Page 48–59

Subject Property

Exterior view of the subject property showing landscaping, rock walls, and the modern house facade
Exterior view of the subject property showing landscaping, rock walls, and the modern house facade

Crawlspace Floor Plan on Approved Building Plans

Architectural drawing of the Foundation Plan showing various crawlspace sections and dimensions
Architectural drawing of the Foundation Plan showing various crawlspace sections and dimensions
Page 48–59

Communication Timeline

  • Following the first inspection on September 23, 2021, staff sent a letter to the current owner dated October 14, 2021, giving him 90 days to come into compliance with the bylaws.
  • On January 28, 2022, Farhill Engineering performed an inspection and prepared a report dated February 7, 2022. The structure engineer confirmed that work was completed without his consent or knowledge and provided recommendations on how to remediate the illegal work.
  • On May 31, 2022, the property owner submitted a building permit application. It was reviewed by staff and the proposed floor-to-ceiling crawlspace height on the plans did not comply with the Zoning Bylaw.
  • A letter dated July 22, 2022, was sent to the applicant and owner requesting further information and revisions to the building permit plans.
  • The Town has received no further communication or correspondence from the applicant or owner to date.

Partial decommissioned illegal secondary suite

(photos taken during the site inspection on June 26, 2023)

Interior view of a room filled with debris and leaves on the floor
Interior view of a room filled with debris and leaves on the floor
Glass door or panel leaning against a wall in a room with debris
Glass door or panel leaning against a wall in a room with debris

Partial decommissioned kitchen

(photos taken during the site inspection on June 26, 2023)

View of unfinished lower kitchen cabinetry and floor with debris and pink insulation
View of unfinished lower kitchen cabinetry and floor with debris and pink insulation

Partial removal of bathroom fixtures - plumbing fixtures have not been capped off

(photos taken during the site inspection on June 26, 2023)

Bathroom wall with damaged drywall where a fixture was removed
Bathroom wall with damaged drywall where a fixture was removed
Tiled bathroom floor showing an uncapped plumbing drain
Tiled bathroom floor showing an uncapped plumbing drain
Tiled bathroom wall with recessed shelving and an open plumbing hole
Tiled bathroom wall with recessed shelving and an open plumbing hole

Partial disconnection of appliances

(photos taken during the inspection on June 26, 2023)

View behind an appliance showing a gas line and metal vent pipe
View behind an appliance showing a gas line and metal vent pipe
Large square cutout in a wall revealing insulation and plumbing
Large square cutout in a wall revealing insulation and plumbing
Small square cutout in a wall showing internal plumbing valves
Small square cutout in a wall showing internal plumbing valves

Partial exposed post to support the beam

(Photos taken during the site inspection on June 26, 2023)

Close-up of an exposed wooden structural post with an electrical outlet attached
Close-up of an exposed wooden structural post with an electrical outlet attached
Wider view of the exposed structural post and surrounding interior area
Wider view of the exposed structural post and surrounding interior area

Crawlspace height measurements

(Photos taken during the site inspection on June 26, 2023)

*Bulkhead height average is approx. 1.86m with a ceiling height averaging approx. 2.15m

Tape measure measuring the height under a bulkhead
Tape measure measuring the height under a bulkhead
Tape measure measuring the height from the floor to the ceiling
Tape measure measuring the height from the floor to the ceiling
Hand holding a tape measure to show height against a wall section
Hand holding a tape measure to show height against a wall section
Page 48–59

Recommendation

That pursuant to section 57 of the Community Charter, SBC 2003, c. 26, the Town of View Royal file a notice with the Land Title Office against land with a civic address of 21 Eaton Avenue, Victoria, BC, V8Z 5C9 and a legal description of LOT E SECTION 9 ESQUIMALT DISTRICT PLAN 4018, PID: 006-169-881 (the “PROPERTY”) for failure to comply with the Town of View Royal’s Zoning Bylaw No. 900, 2014 (“Zoning Bylaw”) and the Town of View Royal’s Building Bylaw No. 786, 2010 (“Building Bylaw”).

Page 48–59

Document Images

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Extracted from: 2023 07 18 Council Agenda - Agenda - Pdf