The property at 709-711 Gibsons Way will have a notice placed on title “for buildings that may be unsafe and constructed without a valid building permit or inspection," Town council decided unanimously at the Sept. 26 special council meeting.
The chief building official Jason Knowles presented a summary of his report to council, noting both past and present compliance issues with the building for work completed without required building permits or inspections, which has created multiple suites contrary to zoning.
A permit for work on the exterior of the building has expired. “The owner was advised of the Permit requirement, which they promptly applied for. However, when the Town communicated the requirement for a registered professional signoff, the owner withdrew the application. Work continued and the wall was covered up without Town approval,” the staff report states. “A new Permit has recently been applied for which includes the same scope of work. The applicant has not yet obtained a registered professional to sign off the building envelope, which may involve reinstalling the siding and may possibly involve some structural repair.”
Staff said multiple units of the mixed-use building are being occupied without necessary permits, there could be safety concerns, and there has been resistance to the requirements.
The chief building official is asking to have a registered professional sign off on the work that has been done and has asked the owner for drawings to show whether the building is three or four storeys. The difference would determine whether sprinklers are required in the residential units.
“I’m still asking for registered professional sign off, because the work that was done was covered up. So I don’t want to sign off on something I can’t see,” Knowles said, adding “the other reason is the Architect’s Act states that any building with more than five residential units requires a registered professional or registered architect sign off.”
A notice on title will alert any potential buyer that there are compliance issues and that the Town of Gibsons is responding to concerns. The property owner attended the meeting and addressed council, expressing his concern that a notice on title without conditions would be difficult to remove, could affect his insurance or ability to borrow money, and that he’s shown interest in upgrading the building. Staff clarified that a notice on title is removed once compliance is achieved.
“Notice on title isn’t as scary as everyone thinks,” Knowles said. “It’s just to let people know there’s something going on.”
The property owner explained the building was built in stages going back more than 50 years and he’s owned the property for around 20 years. He acknowledged some of the residential units are not up to code, because they were built a long time ago and the council of the day approved it. He maintained that changes were made to make the building safer and he was asked to make some of the changes by the previous building official.
“The request that we have an engineer come and sign off on something that’s already done is ridiculous because no engineer worth his salt is going to do that unless he was involved in the whole thing,” the owner said.
The chief building official said it is unclear what happened with several previous permits issued regarding the property, but that previous drawings of the building are substantially different from current versions provided. They show a one-bedroom unit is now a four-bedroom with the kitchen moved to a different side. A deck has been removed and the siding replaced. The staff report also states, “Additionally, when comparing older photos of the building with recent photos, it is evident there have been substantial changes made to the exterior which could have impact on the exiting of the units and the structural components of the building if not installed correctly.”
The owner said the basement suite is a new unit that he was encouraged to make by the previous chief building official.
While the Official Community Plan encourages developing buildings with ground-floor commercial uses and residences or offices above, staff pointed out that the building would require a zoning amendment to allow the residences on the ground level.
Mayor Silas White said he encourages anyone reusing old buildings, because it is more sustainable and affordable but it has to be done safely. He said he finds this “a problematic situation” because of the paper trail or lack thereof.
“I think we need to support this request for a notice on title, but I do want to encourage our staff and you as the property owner to work together to try to accomplish what you’re trying to do here… [to provide] live-work space,” the mayor said.
