Attachment 3: Bylaw Infractions at 21 Eaton Avenue Notice

RE: Bylaw Infractions at 21 Eaton Avenue, Victoria, BC V8V 5C9, legal description: Lot E Section 9 Esquimalt District Plan 4018, PID: 006-169-881 (the "Property"), Property owner: Alexander William Joseph Burns, Realtor

This letter follows up on site inspection conducted on October 5, 2021 at your Property by Lindsay Chase, Director of Development Services and Dave Slobodan, RBO and Building Inspector and only addresses life safety and health issues revealed in that inspection.

The inspection of the Property located within the R-1B zone and your admissions to Town staff verified:

1. The presence of a second secondary suite, contrary to Zoning Bylaw No. 900, 2014 ("Zoning Bylaw") regulations¹ which permits one secondary suite on a parcel;
2. The illegal suite is located in an area shown as crawlspace on the approved building plans ("Unlawful Secondary Suite"). Installation of the Unlawful Secondary Suite was done without building or plumbing permits². Excavation of this area and the removal of sections of the foundations and structural supports may have adversely compromised the structural integrity of part of the main dwelling. The Unlawful Secondary Suite was not inspected and may not meet minimum health and life safety requirements for its occupants;
3. As a result of the excavations and addition of floor area for the illegal suite, the property now exceeds the maximum floor area (density) permitted by Zoning Bylaw³;
4. An unknown quantity of fill has been placed on the property contrary to Soil Deposit/Removal Bylaw, No. 869, 2013 ("Soil Deposit/Removal Bylaw");⁴
5. Retaining walls have been erected on the property without a building permit. Retaining walls over 1.2 meters in height are subject to zoning requirements. Retaining walls over 1.5 meters in height require a permit under Building Bylaw No. 786, 2010 ("Building Bylaw")⁵.

All of the above contraventions of the Town's bylaws are serious and require immediate action on your part. Within 90 days, the following issues must be addressed:

1. Due to concerns regarding health and life safety as required under the BC Building Code, and as discussed on October 5, 2021 you must cease to allow, permit or acquiesce in the occupation of the Unlawful Secondary Suite and you must seek the occupants of the Unlawful Secondary Suite to vacate immediately. Removal of all suite fixtures is required. Once they are removed, all drywall installed on the walls, posts, beams, etc. (and possibility the ceiling) shall be removed for inspection by the Structural Engineer and the Towns Building Official⁶. This inspection will be to determine what work will be required for the structure to restored to the original approved plans.
2. A BC Land Surveyor must be engaged to determine the quantity of fill that has been placed on the Property, to identify the grades included in the approved building permit application and to determine the height of retaining walls erected on site. a. The Surveyor will mark out the area of the Statutory Right of Way ("SRW") registered against title to your Property under land title instrument number ED65294 and located on the property. No fill, retaining walls, boulders or other materials are permitted on this area. The SRW must be restored to the grades identified in the Building Permit. b. With respect to the remaining property, the grades are to be restored to the approved grades in the Building Permit issued in 2018. Retaining walls that exceed 1.5 meters in height require a building permit⁷ and retaining walls greater than 1.2 meters contravene the Zoning Bylaw⁸. Once the location and height of the walls is verified, you must make any necessary building permit applications.
3. With respect to the deposition of soil on the property, the surveyor should estimate the quantity of fill that has been placed. The provisions of Soil Deposit/Removal Bylaw allow limited amounts of fill to be placed on a property without a permit. If the surveyor determines that the quantity or depth of fill allowances have been exceeded, you will need to remove the fill and restore the property to the grades indicated in the Building Permit on file. A soil removal permit may be required. Once the surveyor has determined the quantity of fill that has been placed, please provide a copy of the surveyors' report.

If you have not brought the Property into compliance with the Town's bylaws within 90 days of receipt of this letter or ceased the occupation of or permitting or acquiescence of the occupation of the Unlawful Secondary Suite, Town staff have instructions to immediately commence proceedings against you and all others on the Property contravening the Town's bylaws for declarations and injunctions. The Town will also seek legal costs so that you will be financially responsible not only for the compliance measures but the Towns' legal fees and disbursements.

It is strongly suggested that you obtain legal advice, a full copy of the Building Bylaw, Zoning Bylaw, Soil Removal/Deposit Bylaw and Safe Premises Bylaw and SRW ED65294. Have your legal counsel contact the undersigned and the Town’s legal counsel (Dana Goodfellow, Phoenix Law Corporation) who is copied on this letter.

Sincerely,

Lindsay Chase, MCIP, RPP Director of Development Services

cc: Dave Slobodan, Building Official for the Town of View Royal Dana Goodfellow, dana@phoenixlaw.ca

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¹ See sections 3.3.1, 4.1.9 -one secondary suite, 3.4.1, 3.4.3 –floor space and density, 8.3.4- density provisions of the Zoning Bylaw and associated definitions referenced in those sections and defined within section 2.2 of the Zoning Bylaw. ² See sections 13.3.1, 5.1, 6.1, 6.2, 8.1, 8.1.1 and 21.1 of the Building Bylaw. See further sections 4.5 and section 3.1 (the definition of "unauthorized alteration" of the Safe Premises Bylaw No. 652, 2007 ("Safe Premises Bylaw")). ³ See section 3.3.1, 4.1.9 -one secondary suite, 3.4.1, 3.4.3 –floor space and density, and 8.3.4- density provisions of the Zoning Bylaw. ⁴ See sections 4 and 5 of the Soil Deposit/Removal Bylaw. ⁵ See sections 6.6.1, 8.1, 8.1.1. and 22.1 of the Building Bylaw. ⁶ See section 7.3 and 20.6 and also section 14.6.1 and 14.6.3 of the Building Bylaw with respect to uncovering the plumbing work done. ⁷ See section 5.1, 5.2, 22.1, 4.1, 6.1, 8.1.1 and 8.4 of the Building Bylaw. ⁸ See sections 1.1.1, 1.4.1, 1.6.1, 1.7.1, 3.1, 3.2.2 and 4.8.9 of the Zoning Bylaw.