345 replies to this topic

[concorde]

The developer was Austin Hamilton.  The last I heard he was forced to flee the country because of tax issues, but I don't have any confirmation of that.  I haven't seen him in a few years so maybe its true

 

Now, as for suing a developer, good luck.  Each developer creates a corporation specific to each building they construction and once the developer completes the job the company is reduced to shell status.  There is nothing to get this far into the future.

 

What I don't understand is why did the strata even approach the City about replacing it with a painted mural.  The City has very little power to force anyone to repair their building.  Just look at Trixie Kramer with the Janion and Northern Junk

[Greg]

I'm not so sure we should let the developer get out of this so easily. If done right tilework should last for millennia, not a couple of years. Whoever pulled off this job didn't do it correctly and if that particular piece of art was what the developer promised to deliver then we should hold him to it. Otherwise we'll start slipping down a very slippery slope.

 

If anything, the City should give the strata a time limit within which the work must be completed. If strata fails to complete the work they'll be fined.

Wow. Don't want to stop and consider unintended consqeuences, or setting bad precedents or anything else first? Because giving the City the right to effectively impose a special assessment on the strata owners of one of the more affordable places to live in downtown over how they repair something on their building that is basically cosmetic in design seems completely outrageous to me.

[jklymak]

The city can revoke the occupancy permit, which is what they threatened to do when tiles started falling off the wave. It would mean no property could change hands.

As for potential litigants there is the city, the engineer, the developer (who is apparently very ill according to his son) and the contractors. The proposed fix was to be at no cost to the strta, so without admitting any liability these litigants were paying to fix the problem. The strata filed suits that allege the tiles were improperly affixed.

[jklymak]

I should add that the city can refuse a work permit so the strata cannot simply pull the tiles down.

[Mike K.]

Yes I had heard Mr. Hamilton was ill. This was years and years ago though. He's built several condos in town.

Regarding the comment about the Wave being an affordable place to live, I don't understand what that means. It's just as expensive as most any other downtown condo either to buy or to rent.

[concorde]

I remember a story Peter Pollen told me years ago.  When he was mayor a woman phoned him saying she wanted to enclose her condo balcony, but the city wouldn't let her.  He simply told her to go ahead, what was the city going to do to stop her.

[jklymak]

Well, is that true? If the occupancy permit is revoked I thought that meant you can't sell the property.

[G-Man]

I sold a place while the building it was in did not have occupancy. Just has to be disclosed to the buyer.

[sebberry]

I remember a story Peter Pollen told me years ago.  When he was mayor a woman phoned him saying she wanted to enclose her condo balcony, but the city wouldn't let her.  He simply told her to go ahead, what was the city going to do to stop her.

 

Do what they'd do for any other renovation?  Stop work order? 

[Mike K.]

I remember a story Peter Pollen told me years ago.  When he was mayor a woman phoned him saying she wanted to enclose her condo balcony, but the city wouldn't let her.  He simply told her to go ahead, what was the city going to do to stop her.

 

Send in bylaw officers with inspectors to investigate and if the work was not with permits in hand they would demand the work be undone or a lien would be placed on the property.

[jonny]

A strata council would have to be pretty stupid to make building changes that require city approval without getting said approval.

[jklymak]

Apparently this was the Planning and Land Use Committee that recommended rejecting this proposal.  This will be voted on by city council, application DP000347, on 12 June (this Thu).  One could write in and let your feelings be known on this application, one way or another.

[concorde]

Say what you want, but Peter told me she never called back or heard anything about it further.

 

In reality, does changing tile on a building to paint require a permit?  Does repainting a house require a permit?

[Holden West]

^It all depends on how vital that mural was to the original application. For instance, the the twin tower condos at View and Vancouver have to maintain the area around the buildings as accessible to the public--that was a mandatory condition of getting the height variance in the large tower. They're not allowed to gate off their property and make it private. I don't know if the Wave's mural has something like that.

[jonny]

In reality, does changing tile on a building to paint require a permit?  Does repainting a house require a permit?

 

Fair point.

[jklymak]

In reality, does changing tile on a building to paint require a permit?  Does repainting a house require a permit?

 

No, a house or a duplex does not.  However, multiple family dwellings and office buildings in the Development Permit Area (pdf) indeed require work permits if you are altering the appearance of the building.  

[Mixed365]

Ahh what a sad sight to drive past. 

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[Holden West]

^Indeed a sad sight. I was not even aware it tipped over.

[aastra]

I think he was referring to the red light. Red lights are always a bummer when you're driving.

[Nparker]

^Indeed a sad sight. I was not even aware it tipped over.

Perhaps it was the weight of the green "tarp" that caused the toppling, although you think it would have fallen towards Quadra Street and not on its side.