Edmonton (Alta.) - 1961 - Report and recommendations on illegal occupancies in one-family...

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0(P0 //^fo fWE CITY OF EOMONTON

PANNING AOVISORV COMMISSION

PJTY OF EDMOOTOH. niTY PLANNTtC DEPARTl-IEWr,

Report and Recommendations on Illegal Occupancies in One-Family Dwelling Districtsj

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S, C, Rodgers, Senior Planner.

February 28th, 1961*

fiuL

Report on Visit of Mr. S.G. Rodgers to Vancouver Planning Department, February

Uth and 15th, 1961.

Re:

Illegal

Occupancies in One-Family Districts.

Authority vras obtained from City Commissioners for n^self to visit.

Vancouver Planning Department to study the problem of illegal occupancies

existing in that city and the methods and progress being made on the enforce ment of Vancouver City Council's current policies in that respect.

A number of responsible officials were interviewed including the

Director of Planning, Zoning Planner, Research Planner, Secretary of the

Development Permit Sub-Committee of the Technical Planning Board, and the Housing Inspector of the Buildir^ Inspector's Department, each in an atmos

phere of friendliness and complete co-operation.

Access was also made

available to a number of reports and maps on the subject, and cwnparisons made between varying circumstances and conditions existing between Edmonton and Vancouver.

Vancouver has probably had the widest experience in efforts to con

trol the problem of illegal occupancies in residential areas, but policies of the

Councils have varied and swung as a pendulum in the degree of enforce

ment or permissiveness.

It is fairly clear however that there is a firm

attitude towards the validity of the zoning districts included in the Zoning Bylaw and there does not appear to have been any attanpt to manipulate zoning to avoid enforcement or to legalize multiple occupancies existing in any cate gory of residential district.

Up until 1957 it appears that the policy was to contain the exist ing suites by not permitting new conversions to take place and allowing ex

tended time limits for any existing occupancies to continue, but the extent of time limits being based generally on the quality of the accommodation, and sometimes extending to the life of the building.

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Because of various pressures, including those from active rate

payers' associations, a more positive approach to the elimination of exist

ing suites was considered desirable and consequently in May of 1957 Council's ^ policy was determined to be a general classification and elimination of suites on a graduated scale depending upon the quality of the acccanmodation and the character of the district.

In the case of good q\xality acconmodafion in

apartment zones a period of 15 years or the life of the building was to be allowed, and, at the other end of the scale, very poor ccccmmodation in all residential zones a period to vacate of up to 9 months was to be allowed de pending on the time of the year and the natiire of the existing occupancy.

In the average case of fair or good accommodation in one-family zones a period of up to 3 years was permitted.

When the existence of an illegal suite was discovered the owner was

required to apply for a developnent permit and he was given the option of volvmtarily improving his illegal accommodation to raise the standard from

"poor" upwards.

In a limited area of very poor quality accommodation and

generally ripe for re-developnent, the general policy would be to validate existing illegal accommodations as long as there would be compliance with minimum health standards.

Responsibility for the initiation and inspections,

reqiiiring the necessary iTiprovanents and seeing that these were carried out,

was placed on the Health Department.

On the recommendation of the Health

Department the Technical Planning Board was onpowered to grant long-term periods of consent of up to the life of the property.

This procedure was substantially amended in respect to one-family districts as a result of recommendations by a Special Committee of Council in

1959.

A recommended period of 10 years was proposed in vrfiich to eliminate

all illegal occupancies in One-Family Dwelling Districts, on the firm under-

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standing that no consideration would be given to any illegal installations made after June 16th, 1956, the date v;hen the Zoning and Developiaent Bylaw became effective.

Council consequently required the Technical Planning

Board to produce a schedule of* periods of time in vihich the several qualities

of illegal occupancies would be allowed to reraainl

The basis for the schedule

was to be that of poor acconmiodation in the best areas being allowed the least amount of time and the best accommodation in poor areas the most time.

The schedule of eliminations approved by Council were as follows:EXPIRY DATES FOR PERIODS OF LD'HTED CONSENTS ALLOWED ILLEGAL ACCOMI'IODATION IN THE RS-1 ONE- FAMILY DWELLING DISTRICTS. I

Amenity of Area.

Quality of Accommodation.

Hieh.

Intermediate.

Low<

Good.

December 31> 1963.

December 31, 1966.

December 31, 1970,

Fair.

December 31> 1962.

December Jl., 1964.

Decanber 31> 1967.

Poor.

December 31> 1961,

December 31, 1962.

Decanber 31> 1963.

Very Poor,

Applications refused in all cases, with 90 days to restore from date vAien refusal is endorsed on Developnent Permit

Application, The division of one-family districts into areas of equal amenity, the classification of illegal acccanmodations into categories based upon

quality, procedural and administration methods, is described in the report of the Chairman of the Technical Planning Board, and attached as an appendix to this report.

The recommendations of this document were adopted by City

Council without amendment and is the current policy of the City of Vancouver.

General Impressions and Conclusions.

Whilst the officials concerned have encountered numerous adminis-

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trative and interpretative difficiaties in the application of this policy, the

general inqiression received was that its essential simplicity, its fairness and its positive approach to the graduated elimination of illegal and sub standard living acconmodation was realistic and workable.

The extent to which the previous systems were successful was diffi

cult to determine, as no precise data was, and is, available to estimate the degree of illegal occupancies existing from time to time.

Information on

illegal occupancies is obtained through various civic departments in the course of other inspections, and through complaints from the public, Vancouver is fortunate in having a Comprehensive Zoning Bylaw and the date

of its adoption in June, 1956, is the cut-off point for illegal conversions developed since that date and this is rigidly enforced.

This, together

with prompt action on very poor sub-standard accoiBttodation, is undoubtedly a major contribution in ranoving the most flagrant and undesirable examples and preventing a worsening of the situation.

The previous systems appeared to be least successful insofar as the one-family dwelling districts were concerned because of the number of exten

sions permitted to the limited consents originally granted, extensions of time depending upon the extent to vrtiich improvements in the standard of acconmodation was made.

Consequently, to the people concerned with the

progressive and ultimate elimination of these occupancies, very little real progress v/as being made.

The legal validity of extending limited consents

has also been challenged in cases where no substantial change in circumstances has occurred.

With the present systan, however, there appeared to be

general confidence that substantial progress would be made, bearing in mind that the first substantial eliminations, being poor accommodations in high

amenity areas, are not due until December 31st, 1961,

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Operational Difficulties.

In discussion with the various officials interviewed the following

main impressions were fomed of the difficulties encountered in the operation of the scheme

1,

Because of the broad designation of areas covered by the amenity map

attempts wete made by affected owners to have small portions re-designated to a lower amenity value, thereby increasing the period of time consent.

These attaapts were defeated primarily on the grounds of administrative

practicability and because the nature of the amenity map precludes pre cise defiriition.

2, Numerous problems have arisen in cases where illegal accommodations have been rated and the property has changed hands during the process, the new

owner often entirely unaware of the restrictions> or obligations for improvonent placed on the property.

Discussions are now under way betwfeen

the City and Province regarding the desirability of attaching a document to the transfer papers informing the would-be purchaserof restrictions applicable to the property.

3, The definition of a one-family dwelling, or "family" defies a siifficiently precise definition to cover all variations in the type of family structure which exist in societies.

This problaa occurs whenever the traditional

form of density control by numbers of families is used in zoning regula tions, but anomalies which arise in definition are heightened vihen enforconent action may be necessary through the courts,

4, The system requires adequate inspection of illegal accommodation, in the first instance by the Housing Inspector, to determine the type, extent

and general c\iality of the acconanodation.

If the owner elects to apply

for a Development Pennit and be classified under the schedule, additional

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inspections may then be required by the Plumbing Inspector* Electrical Inspector and Health Inspector.

Each of these inspectors, where necessary^

are required to submit reports to the Building Inspector on defects and an estimate of the approximate cost of securing minimian safety and health

measures.

Building and Health Inspectors subsequently meet and seek to

agree on the rating of the quality of the accommodation on the basis of it meeting the minimum safety and health standards.

At this point sub^

stantial disagreaaent between the inspectors has occasionally arisen in establishing the rating, and the Technical Planning Board are faded with

conflicting reconmendations upon which to advise the owner of his option of remedying defects or taking the shorter time to retain the accommo dation.

Further inspections are subsequently required by the Housing

Inspector to ensxire conformity.

5. Because of the length of time involved between the first notification of illegal occupancies and ultimate confoimity with the schedule, there are

very long lists of outstanding permit applications.

It has been fotind

necessary to expand the Building Inspector's staff by six and the Zoning Planner's staff by one in order to keep pace with the flow of procedural work.-

With some exceptions, the applicant is probably not concerned

with the delays, which could work to his advantage vriiere his rating is low and he has already exceeded the time limit that his rating penaits.

In considering the syston of illegal occupancy removal it was

necessary to make comparisons between Edmonton and Vancouver at a number of levels.

iSfiSl*

The authority for planning powers is derived from the Vancouver

Charter and may contain powers which are not available to Edmonton at the

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present time under the Provincial Tovm and Rural Planning Act.

The opinion

was expressed that Vancouver has probably had more success in obtaining amend ments to secure planning powers than most Canadian cities.

Zoning Bylaw.

The Vancouver Zoning and Development Bylaw is comprehensive and precise in its determination of boundaries and uses permitted within the various residential classifications.

It is therefore far simpler to deter

mine whether a residential develoianent at any location is legal and proper

or otherwise, than under the Interim Development ^stem existing in Edmonton* Residential Zones.

The Vancouver Zoning Bylaw contains four one-family dwelling districts, RS-1, RS-2, RS-3 and RS-4 and the procedure referred to in this

report on one-family dwellings applies only to the better ouality RS-1 Districts,

However, the RS-1 District is by far the largest zoning district

of the twenty two categories within the city, and the RS-2 and RS-3 are limited to relatively small areas adjacent to apartment districts.

applied to the resctircted Shaughnessy District,

RS-4 is

Whilst it was not possible

in the short time available to visit the various residential districts it is

probable that Vancouver's RS-1 is comparable to the R-1 of Edmonton's pro posed Bylaw,

Provision is made, however, in all one-family zones in

Vancouver, excepting the RS-4 District, for the Technical Planning Board to

pemit conversions of larger and older dwellings to a more intensive resi dential use, where they are considered uneconomical and unsuitable for singlefamily use.

Dwelling Accommodation in Basements.

It is important to appreciate the considerable difference between the two cities in attitudes towards dwelling acconmodation in basements.

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A basonent is defined in the Vancouver Bylaw as "a space between

two floors> the lower floor of vrtiich is placed more than one foot, but less than five feet, below the average finished grade of the adjoining ground as determined by the City Building Inspector".

Under the General Regulations

section the Bylaw states: "T.Hving accommodation in Basements and Cellars.

No dwelling unit, housekeeping unit, sleeping unit, bedroom, or

living qviarters of any kind shall be permitted in any basonent or cellar except as provided" ... (as follows) "Basements may be used for living accommodation in the following cases!

(a) In a one or two-family dwelling, extra bedrooms only may be located in a basonent.

(b) In any building in respect of which the building permit is dated after January 1st, 1951 and which building is designed or erected

exclusively for use as an apartment building (but not includirig buildings converted to such use), dwelling units may be pemitted in basanents subject to the following conditions!

(i)

Mot more than one-half of the gross floor area of the base ment shall be occupied by the dwelling unit or units.

For

the purposes of this section the area of such dwelling unit or units shall be deemed to include any halls or other access

space, for the exclusive use of the basonent dwelling unit and shall be measured to the outside of the enclosing walls thereof. (ii)

No part of the basement sub-floor beneath any dwelling unit located in a basement and used for living quarters shall be

more than one foot below the finished grade of the adjoining

ground, notwithstanding that the balance of such floor if used

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for storage, garage or a similar purpose, may be belov: the adjoining ground.

(iii) Dwelling \mits located in basonents shall be subject to all the provisions of the appropriate RJI District Schedule," Officials stated that almost all dvfellings vdthin the city have base

ments and were of the opinion that the prohibitions contained in the Bylaw were not applied because of basements in Vancouver were considered any better or worse than other cities, such as, for exaniple, because of dampness and soil con

ditions, but that basements are not considered desirable as living accommodation.

It is probable that the attitude towards illegal occupancies is very much re

lated to housing Conditions per se, as much as towards the basic conflict between existing land use and land use zoning* Housing Characteristics.

In 1945 the Vancouver Town Planning Commission in a comprehensive

report on the economic background and population growth of the city stated: "The very high percentage of families who live in single-family houses in Vancouver is particularly striking.

Hamilton, equals it.

One Canadian city only,

Over three times the number of families live in

apartments as compared with those living in t;^o-family dwellings.

This

phenomenon is very important and mvist be considered in planning a city.

Two-family dwellings and multiple dwellings are obviously rental in char

acter and therefore, depreciate much faster than the single-family home that is owner-occupied.

The proportion of families living in multiple

dwellings in Vancouver is increasing and careful planning and control is necessary to prevent early depreciation of the neighbourhood - the first stage of permanent blight,"

This statement, together with a ntmiber of other similar comments in

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the report may indicate a raison d'etre for the particular attitudes and various policies vihich have evolved in Vancouver.

The report emphasises that the relatively high percentage of owner

occupied dwellings in 19A5) would result in the successful maintenance of single-family neighbourhoods over a long period of time. Comparable figtires for Edmonton in 19A1 are not available but in 1955j 61^ of dwelling units of

qll types in Edmonton were owner-occupied, and in 1959> 57^ of dwelling units of all types were owner-occupied,

(Edmonton's percentage rates when applied

to One-Family Dwellings only are: 1955 - 78 per cent, 1959 - 79 per cent).

Percentage of Residential Buildings by Type.

Vancouver 19U.

Population, Single-family

Dwellings,

Two-family

Dwellings.

Winnipeg 19/a.

Edmonton 1959.

275,353

221,960

260,733

15%

67;o

72/S

6^

.

.

^

^

Multiple-family

Dwellings *

19^

25^

20^

Only very tentative conclusions may be drawn from these figiires but it would appear that if the factors upon \Mch Vancouver's polidies are based are valid, as assumptions, th^ may be equally valid in the case of Edmonton.

"Thus the problem of achieving an econanic and desirable population pattern

(in Vancouver) requires understanding and support on the part of both offiials and citizens.

Difficult problems will be encountered but they are not

impossible of solution and the ob;3ective warrants consistent and extended effort."

It is probable that the procedures evolved in Vancouver for the

elimination of illegal residential occupancies is a serious and responsible

attempt in achieving an orderly pattern of urban grpwth as envisaged by the Commission's report.

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Conclusions.

This writer was impressed Ijy a number of aspects concerning this large

problem^ â&#x20AC;˘and the procedures developed to seek a solution.

1.

The importance and weight placed on the larger problems arai consequences

involved in illegal residential occupancies and the long range effects on the

orderly growth of the city.

The problem is not considered limited purely to

the doubling-up of single-family dwellings but embraces illegal occupancies in all classes of residential accommodation.

It is a genuine attempt to con

trol indiscriminate conversions and shiftings of population from one zone to

another, from one residential area to the next.

Aresponsible attitude to

the restriction of zones to those uses only which are proper to the zone is essential if there is to be validity in any plan of development or Zoning

Bylaw \rtxich seeks to ensure orderly growth of \irban areas.

A"watering

down" of single-family dwelling districts may not only have adverse effects on such areas in which conversions are condoned but has the effect of re

tarding the renewal of older and more intensively zoned districts.

This is

evident throughout Edmonton where the major apartment zones designated under the 1933 Zoning Bylaw are only developed by 17 per cent of area with apart ment buildings twenty-seven years later.

Even the relatively small areas

zoned at that time for two-family dwellings still contain substantial numbers

of poorer ouality one-family dwellings or other uses and conversions unsuited for those zones.

Normal healthy renewal of aging residential areas must be

assisted and encouraged through proper zoning control and not left to deteri orate to the stage where expensive urban re-developaent programmes become necessary.

In any systan whereby illegal occupancies are permitted to remain any substantial length of time the question of substandard living conditions

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has to be faced.

Alternative Courses of Action.

1. The abandonment of the traditional form of one-family zoning as a basis

for density control and adoption of more precise controls by relating

persons, habitable rooms, or floor area to the area of the siteÂť Variations on these types of control are being increasingly adopted by

cities to control medium and high density apartment areas.

Whilst this

is often desirable because of the variety of floor areas, accommodations

and vdde range of households in aparlanent areas there is a reluctance to

abandon the concept of the family as the basic unit for controlling the growth and protecting the values and amenities of low density areas.

This aspect of density control using the lot area as a factor to limit the number of persons who may be permitted (in addition to the 'immediate'

family) on a particular lot was amply expounded by a report presented to City Coxmcil in 1954.

2. The sporadic and scattered nature of illegal occupancies precludes the

possibilities of re-zoning relatively small and compact portions of neigh bourhoods to a kind of two-family, or broadened one-family district.

The

prospect of wholesale re-zoning of single-family areas to two-family as

the terms are presently understood, and insofar as the post-war neighbour hoods is concerned is appalling, and the consequences upon the orderly growth and renewal of the city would be grave indeed.

3; Athird covirse of action which may be considered is to define neighbour hoods where the problem is most advanced, and create a special zoning classification which would permit the Zoning Committee or some other body to consider applications for conversion on standards based upon the following criteria:-

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(a)

Population trends of the neighbourhood,

(b)

Condition and general quality of the dwelling.

(c)

Adequate area of site,

(d) Suitability of the dwelling and its location for one-family use. (e)

Adeouacy of proposed alterations and improvements,

(f)

Opinion of property ovmers in the vicinity.

Such a procedure would involve adminifstrative difficulties, public hearings, rights of appeal, ".nd would Give no clear-cut direction to those property owners who may v/ish to protect one-family status in the area or those who wish to convert.

This system is applied in older cities with a legacy of

large obsolete and uneconomic dwellings where conversions may be pemitted.

As it is largely based upon the amount of floor area available, it is con^ sequently not comparable to Edmonton's post-war neighbourhoods.

Recommendations.

1. That approval be sought of the principle that the orderly development ÂŤnd conservation of the residential areas in Edmonton cannot be left to chance,

but must rely; to the greatest extent, upon the implementation of proper

zoning, bvdlding, health and safety controls and adequate enforcement of such controls.

2. That suitable and expeditious action be taken upon all cases of proven

illegal occupancies where accommodation exists below minimum health and safety standards.

3. That before a comprehensive schane to gradually eliminate illegal occupar>Âť cies may be put into practise, it is necessary to adopt zoning controls and standards by Bylaw, in order that any such scheme is administratively

practicable, and fair and consistent in its application to the public, 4. That upon the auoption of zoning concerning the residential communities,

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the illegal occupancies then existing be allowed to remain for a period of time to be set at Council's discretion, and subject alviays to the very poor

accommodations not being permitted to continue below minimum health and safety standards,

5,

That studies be undertaken by the City Planning Department

(a) to clfssify all residential areas in the city into broad "amenity districts" based upon the relative ruality and value of the residences

and the general extent to vihich illegal occupancies occur and are known,

(b) in conjunction with all Departments concerned to reach agreement on the recommended classification of oualities of illegal occupancies and the minimum requirements allowable for limited consents,

(c) to draft a schedvile of expiry dates based upon the character of the

area according to the amenity map referred to in (a) and the classi fication of accommodation in (b) and designed on the broad principle

that pior accommodation in the best areas be allowed the least amount !

of time to ronain whilst the best accommodation in the poorest districts be allowed the greatest length of time,

6, That a date be established from which to measure all limited consents for illegal occupancies,

7, That the legal Department consider and advise on the recommended procedures,

particularly in respect to enabling legislation, limited-period consents to illecrl occupancies, the definitions, form and content of the present pro posed Zoning Bylaw covering the post-war neighbourhoods.

It is of the utmost importance that the problem so far compounded should not be allowed to increase, at the same time the effect of indiscriminate and Trfholesale evictions if seriously considered may work great hardships on

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tenant and landlord alike and have other v/idespread econonic effects because

of the lack of immediate and suitable alternative accommodation.

The time

allowed for the progrcTJined elimination of illegal occupancies referred to in Recommendation (4) must bear a reasonable relationship to the extent of hard

ship involved, the progress of residential zoning by Bylaw adoption and a reasonable completion date within vjhich the conformity to residential zoning can be anticipated.

It is suggested therefore that the period be not less

than 5 years nor should exceed 10 years.

S. C, Rodgers.

Senior Planner,

SCR/Jg. February 26th, 1961,

APPENDIX.

Report by the Chaiman, Technical Planning Board, City of Vancouver.

July 29th. 1960.

As approved by T.P.B. 29 July, I96O and amended as authorized by officials

concerned on 1 Au;;-ust. I960 CITY PLANNING DEPARTMENT

Ref. 1.10,5

jmy 29, i960. .

Chairman & Members, Board of Administration, City Hall.

Gentlemen:

Re: Procedure for Implementing Council Policy related to the removal of Illegal Occupancies in the

RS-1 One Family Dwelling Districts.

COUNCIL'S DECISIONS AND INSTRUCTIONS

At the meeting of Council on November S'fth, 1959, approval

was granted to the report of its Special Committee on Illegal Occupancies dated 1ovember 20th, I959.

i/cuiuxee

, recommended that aoccupancies reasonableinperiod of time should elapse in which toreport eliminate the illegal the RS-1 One Family Dwelling Districts. The recommended period was ten years, on the firm understan^ng that no consideration could be given to any illegal install ations made after JunelSth, I956, the date when the present Zoning and Development Bylaw came into force.

report further approved a number of proposals made by

the D^ector of Planning on September 30th, 1959, concerning a procedure for scheduling the removal of the illegal occupancies existing and used prior to and continuing since June l8th, I956. The proposals suggested the Technical Planning Board be requested to produce a schedule of periods of t^e during which the several qualities of illegal occupancies would be

allowed to remain, having in mind that the present accommodation in the best areas would be allowed the least amount of time for its removal and the best accommodation in the poorest areas the most time.

THE TECHNICAL PLINNING BOARD SUBMI3ST0W 0

u J sche^l^g

Technical of Planning submits itsexisting proposalandforused the elim^ation those Board illegalnowoccupancies

June isS 1956 PQ 1 n- 4. .

Dwelling Districts prior to and continuing after proposal consists of two elements; the division of the relatively equal amenity, and the classification

of the illegal accommodations into categories based upon the quality.

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IVhen the two elements are brought together on a chart, a period of limited consent is assigned to each dase.

AMENITY AREAS MAP OF RS-1 DISTRICTS

The accompanying map No. laS^t-G shows the division of the RS-1

One Family Dwelling Districts of the City into three levels of amenity areas.

These are shown by sepairate colours on the map as follows:

1» Yellow area:

This classification embraces the best amenity areas.

Illegal occupancies here would be given the shortest periods of consent.

2» Green area:

This area is lower in quality than the yellow area, but not so low as the orange area. Illegal occupancies here would be given an intermediate period of consent.

3. Orange area:

This area is the lowest in quality of the three areas, and illegal occupancies would rate the longest periods of limited consent.

COMIffiNTS ON THi3 AMENITY MAP

1» The delineation of the several areas on the map (No. ISS'f-Q) was reached after extensive discussion and field checks. It purports to represent the general quality of the particular areas, without using any precise method of scoring for such things as age, value or social desirability.

It would be possible to find houses covering the viiole range of quality within most areas, but it was the combined overall quality of the sirea, with a higher rating being given for those areas with the fewer illegal

occupancies, which was used to determine the areas.

2.

An approximate guide to the number of houses containing illegal occup ancies in the various areas is given by the figures on the map. These were secured in the 195''^ Land Use 3urvey and thus are now six years old.

They were considered to contain some inaccuracies at that" time, but are of value in indicating the scale of the problem of removal of the

illegal occupancies, rather than theprecise numbers. On the foregoing basis the total number of houses alleged to contain illegal occupsincies in

and in the RS-1 Districts is as follows:

1»

Yellow area

2.

Green area

1176 houses

3.

Orange area

IO85 houses

Total for RS-1

2556 houses

District

295 houses

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5.

It will be noted that, in general, etrests v/ere adopted as the dividing line between various types cf amenity areas.

Valid reasons could have

been advanced for using lanes and the rear of lots for the area boundaries,

but there was no important principle hanging on the decision to adopt either streets or lanes.

CLAS3IFICATICN OF ILLEGAL ACCOMMOD;.TION

PR::.r,.NT proc.dure In practice the exieteftce of illegal accommodation is usually discovered by the inspectors of the various civic departments. Then the owner or operator is requested either to remove it or to apply for a develop ment per^t. The development permit application when made is required to be

accompanied by a sketch plan in triplicate showing the site and the existing accommodations on each floor.

The Building and Health Departments then proceed to assess the quality of the accommodation on the basis of the information contained in the

application and from inspection of the premises, giving it a rating of Good, Fair, Poor or Very Poor.

The present procedure has operated satisfactorily for several

years and it is considered that the tv/o departments have sufficient experience in this v/ork to be able to place the accommodation into one of these four categories without the need for setting up a precise formula, PROPOSED MODIFICATION TO PRESENT PROCEDURi]

ON ILLEGAL ACCOMMODATION It is proposed to modify the present procedure governing the processing of development permit applications, dealing with illegal accommo dation in the RS-1 District in the following manner:-

(1) In accordance with the report from the Special Committee, adopted by Council on November 2kth, 1959, the Director of Planning, under the instructions from Council, will accept the development permit applications

v/ithout requiring plans or drawings, as no further alterations or install ations vill be permitted. The exception would be where a limited amount of work is necessary becaase of health and safety requirements. In lieu of â&#x20AC;˘

plans it shall be the responsibility of the City Building Inspector to

keep a record of the interior layout and occupancy of the premises, which record would contain substantially the following essential information: (a)

.Sketch plan

(b)

Floor areas

(c)

Layout and occupancy (floor by floor)

(d)

Ceiling heights

(e)

Plumbing and heating

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l^\ (f)

Daylighting and ventilation

(g)

Access to street

(h)

Evidence of dampness

(i)

Safety standards and costs (as in Clause 2 below)

It should be noted, however, that if the Director of Planning, on advice from the City Building Inspector, considers plans are necessary, the applicant shall still be required to furnish such plans.

(2) In line with the existing procedure joint inspection of the premises would still be made by the Building and Health Departments after the development permit application is received, but in addition to the fore

going proposal originating with the Special Committee of Council, the follovdng new procedure is suggested:

vVhere inspection reveals the need for securing minimum safety and health measures, such as provision of a fire escape, renewal

of electrical wiring, repair of sanitary fixtures or fireproofing of the furnace area, these being confined to safety and health measures and not otherwise for the improvement of the accomm-

odation, the inspectors will include these in their reports.

The City Building Inspector, who receives this information, will then arrange vd.th the City Electrician, the Fire i/arden, or other officials for a further inspection of the premises for

the purpose of determining more precisely what is required and the approximate.'cost of bringing these deficient or defective installations up to an acceptance standard.

Hov/ever, this confirmatory inspection will not ber^quired if the Health and Housing Inspectors rate the premises generally as "Very Poor", since removal on short notice v/ould then be the procedure,

RATING OF ILLEGAL ACCOMMODATION

On the basis of the foregoing revised procedure, a joint assessment of

the quality of the illegal accommodation \rf.ll be made by the Building and Health Departments on the assumption that the accommodation will be required to meet the minimum safety and health standards.

The assessment will rate

the accommodation into one of the four catefories listed below, namely;

^

(1)

Good

(2)

Fair

(3)

Poor

(if) Very Poor

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If the accommodation does not meet the minimum safety and health standards, then, after the reports and costs to secure such standards have been received

by the City Building Inspector (as noted in Clause 2, Page 4) the applicant vdll be advised that the rating for the accommodations cannot be established unless these minimum standards have been met. He will be told the nature

of the defects and the approximate cost of firing them. If the owner or operator of the premises then decides not to remedy the defective conditions, the application will be refused by the Technical Planning Board and a period of time, to be determined on the basis of the seriousness of the defects

will be allowed in which to restore the accommodation to one-family use ot

to the lawful use appertaining on June l8th, 1956, This procedure does not in any way restrict the right and duty of the City Building Inspector nor the Medical Health Officer nor any other City official from taking v/hatever action is normally required to deal Âťvith sub standard conditions; nor v/culd the remedying of the defects allow the prem ises to qualify for additional time beyond that allowed for the rating previously determined.

SCHEDULE OP P.J?IODS OF LIMITED COI'SZNTS FOR ILLIXSAL ACCO^S?ODATION IN RS-1 DISTRICTS

In its decision of November 2^th, 1959, the Council allowed a may-8 imim of ten years as being a reasonable period in v/hich all illegal accommodation in the RS-1 One Family Dwelling Districts was to be removed, it being understood

that the poorest accCGmadation in the best arpas would go first and gradations of time would occur in the various qualities of accommodations cuid areas, until the best accommodation in the poorest areas would be cleared out in ten years. The rate at vvhich the processing of these cases v/ould be handled

will depend upon the staff rdsources, made available by Council, but it will be appreciated that the processing should be completed as quickly as is practicable and certainly well ahead of the ten year expiry date.

It is suggested that a basic date time should be established from which

to measure the prescribed periods for removal of the illegal accommodations.

This is suggested as December 31st, I96O (or such other date as Council may iÂŤ.sh to adopt). It is further suggested that the Schedule of Periods of Limited Consent should give the expiry dates of such periods rather than the number of years. Then all illegal accommodation of the one quality in areas with the same amenity rating v/ould be due to expire on the same date, irrespective of

what date the application v/as processed.

If the accommodation was not pro

cessed until after the expiry date, the application would be refused and

ninety (90) days would be allowed to restore the premises to one family use, or to the lawful use appertaining on June l8th, 1956, On the foregoing premises, the following Schedule of Periods of Limited Consent is proposed;

- 6 EXPIRY

FOR PERIODS OF LIMITED CONSENTS ALLOWED ILLEGAL

ACCOI-HiODATION IN THE RS-1 ONE FAMILY DJELLING DISTRICTS AMENITY OF AREA (liap No. 1284-G) TABLE I

YELLOW (High)

GREEN (Intermediate)

ORANGE (Low)

ยงH e-t

i

GOOD

Dec. 31, 1963

Dec. 31, 1966

Dec. 31, 1970

g

FAIR

Dec. 31, 1962

Dec. 31, 196if

Dec. 31, 196?

POOR

Dec. 31, 1961

Dec. 31, 1962

Dec. 31, I963

8 <

%

VERY FGuH

Application refused in all cases, \vith 90 days to restore from date the refusal is endorsed on Development Permit Application

COm-lENTS ON THE MAP AND SCHEDULE

(1) It is suggested the mp (No. I28U-G) be reporduced for use of Civic Departments, in the same manner as the Zoning Mpp forming Schedule "D" to the Zoning and Development Bylaw. Any private organization desiring a copy v;ould be required to pay the full cost of its production.

(2) Once theAnenity Map (No. 128^-G) is adopted, it is not anticipated that it shall be subject to further reviev with the object of defining the areas v/ith more particularity. There will be cases where illegal accomm odations on one side of a street receives three or four years longer life than on the other, but this unavoidable whatever lines of demarcation are adopted. However, if experience '.'ith the map indicates the need for

change, it should only be done on recommendation of the Tehhnical Planning Board to Council.

(3) It is intended that the expiry dates given in the Schedule (marked Table 1) shall apply in all cases and shall not be considered as the minimum or maximum dates over a sliding scale, depending upon the quality of the accommodation. There will be close decisions, as in the past, as to whether accommodation should be classed, as say "Good" or "Fair".

In

case of doubt, the applicant would he given the benefit of the better ratin^and the longer life for his accommodati8n.

ik) oection 2A (2) of the (RS-1) District Schedule in the Zoning and Devel opment Bylaw pr&Ecribes that before granting a development permit,

limited in tine, for illegal accommodation the Technical Planning Board shall notify such adjoining ov/ners as the said Board deem necessary, the intent of such notification had reference to the amenity of the area, and assisted the Technical Planning Board in assessing the period of limited consent to be given. By adopting the Map (No. 128^^-0) and the nev; Schedule, not:-fication as an aid to determining the period ot time

- 7 -

is no longer a factor influencins the decision.

It is proposed to

discontinue the practice of notifying adjoining owners that the Technical

ilanning Board is considering a Development Permit Rpplication, and instead to adopte the practise, in every case, where ap roval beyond 90 days is granted by the Technical Planning Board, of then notifying the adjoining owners of the properties next to the one covered by the appli cation. The notification would be by a mailed postcard containing a standard printed form giving the basic information on the case and informing of tho process of appealing the decision of the Technical Planning Board,

(5) The present wording in the (RS-1) District .Schedule in the Zoning and Development Bylaw only allows the Technical Planning Board to grant

limited time to those types of il?.egal accommodation v/hich fall into

the category of dwelling units or housekeeping units. In consequence,

the Technical Planning Board would have to refuse to allow any time to any other type of occupancy such as sle -ping units, boarding houses or

lodging houses, ^d merely give them 90 days to restore. It is antici

pated that Council may wish to allow sleeping units, boarding houses and lodging houses the same period of grace as dwelling units and house keeping units, la such event the Zoning and Development Bylaw v/ould need to be amended by an ap:)ropriate wording in the RS-1 District Schedule,

(6) From experience it has been found that the quality of the accommodation in some living units may vary from others in the same building.

In such

cases either an overall quality assessment of the house ivould be made, or

a separate assessment of the differing units, v/ith consaquent different expiry dates, in the discretion of the Technical Planning Board.

(7) If an ovmer (or operator) neglects or refuses to make application for

aidevelopment permit covering his illegal occupancy, after being requested to do so in writing by the City Building Inspector, on behalf of the Director of Planning, prosecution shall proceed forthv/ith.

RELATIONSHIP OF Ni:W SCHEDULE TO PHLVIOUS DECISIONS

Cases are likely to arise where the processing of an application under the former procedures differs from that under the proposed new Schedule.

Under a recent legal ruling a previous decision cannot be revoked or modified

on the basis of the same facts. Accordingly, the following action would be

taken with regarc.', to decisions on illegal occupancies in the RS-1 Districts already made by the Technical Planning Board:

1. If an applicant had been given a limited period of time to restore the premises to one family use or to the lawful use appertaining on June loth, 1955, and did so restore it, no further right would be

granted to again use the premises for other than such use, even though other comparable accommodation, not yet processed, might be given some time under the new Schedule.

2. If the applicant had been given a limited period of time to restore

the premises to one family use or to the lawful use appertaining on June loth, 1956, and does not restore to such use, as required by

- 8 -

a previous development permit, he shall not now be granted any further period of limited consent, even though the Schedile othervd-se might allovy i t .

3*

In those cases where a period of limited consent had been granted and is about to expire, hut under Council policy of June 1957, the applicant v/as encouraged to make improvements up to the "Fair" and

"Good" standard, in expectation of renewal of his application, the application for renev/al when made shall be processed in the same manner as a fresh application under the nev/ Schedule.

h. pi those cases where a period of limited consent had been granted and is about to expire, and the accom-iiodation had been rated as "Fair"

or "Good" in quality; and where under Council policy of June 195? the applicant was encouraged to anticipate renewal of his application if the quality of the accommodation remained "Fair" or "Good", the application for renewal when made shall be processed in the same manner as a fresh application under the new Schedule.

5i IfÂť in an application previously processed by the Technical Planning Board, a period of limited consent had been granted illegal accoDimodation to a date beyond the corresponding one in the new Schedule, the date or time already granted shall govern.

6. In those cases where illegal accommodation was previously granted a development permit, subject tc certain conditions being fulfilled

within a specified period of time, and the conditions have not been fulfilled in their entirety, it would be left to the Technical

Planning Board to determine the action to be taken, hav ing regard to the peculiar circumstances of the case.

RECOMMliHDATIONS

It is RiiCOblMENDED that Council receive this report, approve of the method proposed therein for dealing with existing illegal occupancies in the RS-1 One i'''araily Dwelling Districts, and endorse the Schedule of Periods of Limited Consent marked "TABLE 1" in report, based upon the fiap of Amenity Areas (No.

12oif-.G) and the proposed method of deternininc the quality of the existing illegal accomraodations.

It is uURTxLjR RECOI-IlLEMDi^) that the Director of Planning be authorized and instructed to make the requisite application for an amendment to the RS-1 One-

Family Dv/ellini]; ./istrict Schedule of the Zoning and Development Bylaw to allow sleeping units, boarding houses and lodging houses installed or used prior to June loth, 1956 vdth or v/ithout one or more of the required City permits to be granted a development permit limited in time, the same to he subicitted to the

Town Planning Commission for report and thence to be referred directly to a Public Hearing.

This report was approved by the Technical j^lanning Board at its meetine on July 29th, i960.

ÂŽ G. F. Fountain, Chairman,

Technical Planning Board.