Friday, August 31, 2007

Wanted: Council with a backbone

Kamloops city council did the expected Tuesday and, in the process, essentially sent a message that should send shivers down the streets of every subdivision in the Tournament Capital. By sending the now notorious and illegal 12-unit Thompson Road building to a future public hearing, the city’s lawmakers have sent a clear message to those wishing to do some major work on their home: don’t ask for permission; simply do what you want to do, and do it fast. Then, when your nefarious work is found out, ask for forgiveness. The Valleyview building owned by Vito Pavlovic was originally built as a four-plex. However, over the years and without city approval, the number of units inside have swelled to 12, increasing the capacity of residents and, no doubt, the revenue taken in by the owner.

As has been outlined in these pages since this matter has found itself before council, the illegal expansion of the building only came to the attention of city hall after neighbours complained. Once the city received complaints, it sent inspectors to the 12-plex, where they determined the ever-expanding interior was violating building and fire codes. This week, council went against the advice of city staff and decided to send the issue to a public hearing. That the owner of a building has been able to illegally add eight units to a building meant to be a four-plex, has been able to reject an order from the city to revert to a four-plex plan, has been able to force the city to even suggest he apply for a rezoning to accommodate eight units, has been able to reject that generous compromise and has been able to wait out council and be granted the pubic hearing is nothing short of disgraceful.

Mayor Terry Lake voted to send the matter to public hearing, yet added: “I think we need to send a message — you don’t just do what ever you want.” Yes, the city does need to send such a message, but how the hell does bending over backwards to accommodate a person who has ignored city hall rules accomplish sending such a message? And why hasn’t the city done an inspection in this illegal building? It’s incomprehensible that one has not been done in light of various safety concerns raised by councillors, including some who have aided and abetted this disregard for rules by agreeing to a public hearing.

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The owner of a Valleyview apartment building deemed illegal by the city will get the chance to present his case to the public. City council has voted five to two in favour of sending to public hearing Vito Pavlovic’s request to legalize his 12-unit complex, which has been expanded from a four-plex without the city’s approval. City staff recommended council deny Pavlovic’s application to approve the unit, but Mayor Terry Lake and councillors Joe Leong, Tina Lange, Peter Milobar and Arjun Singh first wanted to hear from the public. Councillors Jim Harker and John De Cicco voted against allowing the matter to advance to the public hearing stage.

Harker said the complex is riddled with “fire code infractions,” adding that Pavlovic has misled gas inspectors, showing a “total disregard for procedure. “He could have gone about this a different way.” But Milobar said the issue will be resolved faster if it goes to a public hearing, noting Pavlovic could have been granted 30 days to appeal if council denied his approval request on Tuesday. “Let’s hear from the whole neighbourhood,” Milobar said. “It’s still going to be a long shot. [But] I want to hear from the neighbourhood before I make a decision.” Lake also opted for a public hearing, though he expressed concern that Pavlovic broke the rules.

“I don’t think there’s any way to condone that. “I think we need to send a message — you don’t just do whatever you want,” Lake said. “I can’t condone the way it’s come to be in this situation. [But] I prefer to let the public have their say.” In response to Lake’s comment that Pavlovic is “flaunting the rules,” David Trawin, the city’s development and engineering services director, said Pavlovic could face fines for building without a permit and ignoring a zoning bylaw. Lange said denying Pavlovic’s request would further strain an already sparse apartment rental market in Kamloops. De Cicco was also hesitant to worsen the city’s shortage of low-income housing by denying the request. Still, he said he was “uneasy” with Pavlovic’s tactics. “There has to be a process and procedure to follow,” he said. “I cannot endorse this.” Singh was concerned for the safety of the tenants in the illegal building as the public and council ponders its fate. Trawin said he did not know the extent of the code violations, since there has been no official inspection of the building by city staff. However, he said city staff will notify tenants the complex was built without permits and “there are safety issues.”

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