The District of West Vancouver staff is asking council to uphold a July decision to demolish a home built without any permits at 1145 Chartwell Crescent, citing safety, bylaw, and environmental concerns.
The matter will return to the council for reconsideration at the meeting on September 8, at 6 pm. Meeting details can be found here.
The approximately 1,500 sq ft home was constructed in a sensitive riparian zone above Brothers Creek without permits or inspections. Because the work was only discovered after completion, inspectors say it is impossible to verify structural safety or code compliance.
In a July 21 resolution, the council declared the home unsafe and in contravention of bylaws. Owners were ordered to apply for a demolition permit within 30 days. A June 23 staff presentation from Planning Director Jim Bailey outlined the violations and recommended demolition, remediation, and a Section 57 notice on the property title.
Once the demolition order is issued, based on an August 2024 council report by Roe Environmental Inc., it must be completed within 30 days. The plan calls for removing the structure and replanting riparian habitat, restoring nearly 200 m² of lost habitat.
Owners’ Position
The owners — Omid Gerami, Kamran Gerami, Naib Gerami, and Ayesheh Mansouri — have asked the council to reconsider. In a letter dated Aug. 29, their lawyer, Nathalie J. Baker, said the family trusted the builder, Shahin Construction Ltd., to handle permits and is now suing the company.
The letter says there is “no evidence” that the structure is unsafe and asks the council to allow parts of it that sit outside the five-metre setback from Brothers Creek to remain. The owners also cited financial and emotional stress since the issue became public and said district staff gave them conflicting advice on whether permits or variances could be approved.
District staff say the structure is an “unacceptable safety risk,” according to Director of Planning Jim Bailey’s comments to council in July. Because no inspections were done during construction, staff said the foundation and walls cannot be checked for safety. They also noted the property is in both a watercourse protection area and a wildfire hazard zone, and the project has led to the loss of 199 square metres of habitat.
The case began in May 2024 after a public complaint. Inspectors issued a stop-work order and fined the owners $14,800, of which only $500 has been paid. Staff say the owners have not made progress on the environmental remediation plan prepared last year.
Council’s July Meeting
At the July 21 meeting, Mayor Mark Sager said he was surprised no one appeared on behalf of the owners. “I’ve seen these things before. This one’s really quite something because this looks like quite a structure that somebody’s built,” he told the council.
Sager suggested moving the structure instead of demolishing it, but staff said they did not have details on how that could be done. Council voted unanimously to proceed with demolition.
If the council upholds its July resolution, the district is authorized to carry out demolition and remediation at the owners’ expense, recoverable through property taxes. A Section 57 notice has already been filed on the property title, warning future buyers and lenders of the violation.
In this unique case, a proper invasive inspection would be sensible.
The structure may be “opened” as needed to verify integrity at load bearing points, waste water flows, electrical distribution, and so forth.
The builder appears to be the responsible party.
Tearing it down simply demonstrates an inane solution that creates more environmental challenges than those solved.
In some cases, code people tend to become authoritative.
Why not allow intelligence and care to move forward at this address?
The council MUST follow through with their demolition order. It is a matter of principle among so many other issues. If not, the message to all residents will be ‘I can do what I want, how I want and only maybe pay a fee (a small price to pay for an elevated resale value).’ It also would demean all residents who have followed the laws and bylaws, paid their permit fees, had to adjust their project to comply with bylaws and environmental orders only to have this slapped in their face. Do the right thing council – get this illegal structure demolished swiftly.
Please do not let this building stand. If you do. Others that do not respect the laws of our society will do the same and follow this by example.
This is just setting the stage to become a country without rules.
Please Canada.
Do not allow this to happen and become a country where laws do not apply to anyone.
If you do allow this. Canada is gone. Toast
TEAR IT DOWN.
West Vancouver is an absolute abomination. Power greedy, money hungry councillors. This has nothing to do with safety and everything to do with money and coming and begging them on your knees to do anything on your own property.