Council Report: SECTION 57 NOTICE ON TITLE – 17 EATON AVENUE

Council Report

TO: Council DATE: October 28, 2020 FROM: S. Jones, Corporate Officer MEETING DATE: November 3, 2020

SECTION 57 NOTICE ON TITLE – 17 EATON AVENUE

RECOMMENDATION:

THAT Council consider whether they wish to proceed with the hearing pertaining to consideration of a Section 57 notice on title for 17 Eaton Avenue.

CHIEF ADMINISTRATIVE OFFICER’S COMMENTS:

I concur with the recommendation.

PURPOSE OF REPORT:

To present an update to Council on which they can base their decision to proceed with a hearing on November 3, 2020.

BACKGROUND:

The July 21, 2020 Council meeting agenda contained a report from the Building Official as well as several pieces of correspondence from the subject property owners and their legal representative concerning consideration of the filing of a notice on title under section 57 of the Community Charter for contravention of the Town’s building regulations. At the meeting, the Chief Administrative Officer noted that the property owners had requested an adjournment of the hearing. The following resolution was passed:

THAT the matter of a Section 57 notice on title for 17 Eaton Avenue be adjourned until September 8, 2020 provided the property owners, Mr. Seisan and Ms. Manshadi, withdraw the subject property from the real estate market;

AND THAT the real estate listing company be informed of the property owners’ need to immediately withdraw the subject property listing from the real estate market until such time as the hearing has been concluded. (C-84-20)

The property was subsequently removed from real estate market by the property owners.

The issue was returned to Council’s September 8, 2020 agenda. At the meeting, the Chief Administrative Officer noted that staff had met with the legal representative for 17 Eaton Avenue who requested an extension to the adjournment to allow the owners time to resolve the situation. Additional correspondence to this effect was provided by the property owners and their legal representative. The following resolution was passed:

THAT the matter of a Section 57 notice on title for 17 Eaton Avenue continue to be adjourned until November 3, 2020 provided the property owners, Mr. Seisan and Ms. Manshadi, do not list the property for sale;

AND THAT the owners diligently pursue a satisfactory resolution prior to that date. (C-93-20)

The property remains off the market.

DISCUSSION:

At this time, Council must turn its mind to whether the property owners have fulfilled the second component of the C-93-20 resolution that required “the diligent pursuit of a satisfactory resolution prior to November 3, 2020”.

Attached to this cover report is a description of activity/discussions that have transpired between the Community Planner and the legal representative over the past two months (see Attachment “A”).

OPTIONS:

There are two courses of action available to Council.

Option 1: Proceed with the hearing.

Should Council wish to proceed with the hearing on November 3, 2020, the staff recommendation contained in the Building Official’s July 2020 report should be replaced with the following:

“THAT pursuant to Section 57 of the Community Charter, SBC 2003, C. 26, a notice be filed with the Land Title Office against land with a civic address of 17 Eaton Avenue, View Royal, British Columbia, V8Z 5C9 and a legal description of Lot B, Section 9, Land District 21, Plan EPP21580 for failure to comply with the Town of View Royal's Building Bylaw No. 786, 2010 and the Town of View Royal's Zoning Bylaw No. 900, 2014.”

Option 2: Consider an adjournment of the hearing to allow the property owners to continue their pursuit of a satisfactory resolution.

Should Council wish to grant an adjournment of the hearing to a later date, the following is a potential resolution:

THAT the matter of a Section 57 notice on title for 17 Eaton Avenue continue to be adjourned until March 2, 2020 provided the property owners, Mr. Seisan and Ms. Manshadi, do not list the property for sale;

AND THAT the owners diligently pursue a satisfactory resolution prior to that date.

CONCLUSION:

It is clear that the options for resolution are limited to either removal or rezoning as a variance for density is not possible under provincial legislation. The property owners, through their legal representative, have made some attempt towards resolution – though the development variance application is not a viable option.

RECOMMENDATION:

THAT Council consider whether they wish to proceed with the hearing pertaining to consideration of a Section 57 notice on title for 17 Eaton Avenue.

SUBMITTED BY: S. Jones, Corporate Officer

REVIEWED BY: K. Anema, Chief Administrative Officer