Form 66 (Rules 16-1 (2) and 21-5 QIEREEOIJUER i8 8 5 AUG 8/ 2mg REGISTRY IN THE SUPREME COURT OF BRITISH COLUMBIA BETWEEN: CITY OF NORTH VANCOUVER PETITIONER AND: EMILY YU RESPONDENT PETITION TO THE COURT 0N NOTICE TO: Emily Yu This proceeding has been started by the Petitioner for the relief set out in Part 1 below. If you intend to respond to this Petition, you or your lawyer must file a ReSponse to Petition in Form 67 in the above-named registry of this court within the time for response to Petition described below, and serve on the Petitioner 2 copies of the filed Response to Petition, and (ii) 2 copies of each filed affidavit on which you intend to rely at the hearing. Orders, including orders granting the relief claimed, may be made against you, without any further notice to you, if you fail to file the Response to Petition within the time for response. TIME FOR RESPONSE TO PETITION A Response to Petition must be filed and served on the Petitioner, if you were served with the Petition anywhere in Canada, within 21 days after that service, if you were served with the Petition anywhere in the United States, within 35 days after that service, if you were served with the Petition anywhere else, within 49 days after that service, or if the time for response has been set by order of the court, within that time. (1) The address of the registry is: 800 Smithe Street, Vancouver (2) The ADDRESS FOR SERVICE 0f the Petitioner: c/o Young Anderson 1616 - 808 Nelson Street Box 12147, Nelson Square Vancouver, BC V62 2H2 Fax number address for service (if any) of the 604.689.3444 Petitioner: Email address for service (if any) of the Petitioner: Not applicable. (3) The name and office address of the Petitioner's Michael Moll lawyer '53 Young Anderson 1616 - 808 Nelson Street Box 12147, Nelson Square Vancouver, BC V62 2H2 CLAIM OF THE PETITIONER Part 1: SOUGHT 1. A declaration that the Respondent is contravening sections 303 and of the City of North Vancouver Zoning Bylaw, 1995, No. 6700 by using the following lands located at 12 - 230 West 13th Street, North Vancouver BC, V5A 422: PID: 005?975-930, Strata Lot 12 District Lot 548 Strata Plan VR. 812, together with an interest in the common property in proportion to the unit entitlement ofthe strata lot as shown on Form 1 (the ?Townhouse?); Part 2: to provide commercial short-term guest accommodation, more specifically as a hostel. A declaration that the Respondent is contravening section 704.3 of the City of North Vancouver Fire Bylaw, 2005, No. 7709 (the ?Fire Bylaw?) by failing to keep all corridors and exits in the Townhouse free of obstructions. An order requiring the Respondent to immediately remove all large items of furniture from hallways and landings in the Townhouse. An order requiring the Respondent to immediately cease advertising, or allowing the advertisement of, short?term guest accommodation at the Townhouse. An order requiring the Respondent to immediately cease taking bookings from guests intending to stay at the Townhouse. An order requiring the Respondent to cease using the Townhouse as a hostel or otherwise for commercial short-term guest accommodation within two weeks of the date of the order. Costs. Such further and other relief that this Honourable Court considers just. FACTUAL BASIS The Petitioner, the City of North Vancouver (the ?City?), is a municipality under the Community Charter, S.B.C. 2003, c. 26 and has its City Hall located at 141 West 14th Street, North Vancouver, BC, V7M 1H9. The Respondent, Emily Yu, is the registered owner of the Townhouse. The Townhouse is located within the jurisdiction of the City. The City?s Council regulates land use and building safety within its jurisdiction, including through the adoption of the Zoning Bylaw'and the Fire Bylaw. The Townhouse is part of a 29-unit strata complex. All of the units in the strata complex are designed to be two? or three?bedroom residential units. The Townhouse is within the Comprehensive Development 8 Zone Zone) under the Zoning Bylaw. The CD-8 Zone is residential in nature and the accommodation of the transient public is not a permitted principal use. Since 2016, the Respondent has been advertising and using the Townhouse as a hostel known as the "Oasis Hostel?. The hostel operated in the Townhouse 10. 11. Part 3: 4 consists of 14 beds, including sofa beds, that are offered to and used by fee- paying tourists and other transient visitors. At least three bedrooms in the Townhouse are used for the temporary occupation of hostel guests. The Respondent has also placed beds and other furniture in corridors and landings, obstructing access to the Townhouse?s exits. Although the Respondent resides in the Townhouse, almost all of the Townhouse is used as a hostel. The hostel is the primary use and purpose for which the Townhouse is used. The use of the Townhouse as a hostel disturbs the neighbours. The noise, traffic and transience of the hostel guests is inconsistent with the residential nature of the neighbourhood containing the Townhouse. The City has demanded that the Respondent cease the hostel use of the Townhouse, but the Respondent has not complied. LEGAL BASIS The City?s Council has adopted the Zoning Bylaw under its authority to, by bylaw, divide the municipality into zones and regulate the use of land within each zone (Local Government Act, 5. 479). The City?s Zoning Bylaw is to be interpreted with a view to giving effect to the intention of the City?s Council as expressed in the Zoning bylaw upon a reasonable basis that will accomplish that purpose (Langford (City) v. Dos Reis, 2015 BCCA 55). Section 303 of the Zoning Bylaw provides: The Use of land including the surface of water, of Buildings, and of Structures, shall be in accordance with the permitted Uses specified in this Bylaw, and in conformity with the regulations for permitted Uses specified in this Bylaw. Part 2 of the Zoning Bylaw includes the following definitions: "Dwelling Unit? means one or more Habitable Rooms for the residential accommodation of only one Unit and contains or provides for only two Cooking Facilities or combination of cooking facilities for the exclusive use of that Dwelling Unit; ?Ground-Oriented Apartment Residential Use? means a Residential Use where the Building or Buildings on a Lot are each Used For three or more 10. Dwelling Units in accordance with the regulations for Ground-Oriented Apartment Residential Use as specified by this Bylaw; ?Principal Use? means the primary use and purpose for which land, buildings or structures are ordinarily used; ?Residential Use? means a Use providing for the accommodation and home life of a person or persons; includes horticultural and the keeping of animals as household pets when such animals are normally kept within the Dwelling Unit and when such animals are not kept for financial gain or favour or for the provision of food; ?Tourist Accommodation Use? means a Use providing for the accommodation of the transient public in individual Sleeping Units or Dwelling Units; may include dining facilities; and ?Use? means the purpose or function as to which land, Buildings, or Structures are put; Accommodation of the transient public is not a permitted principal use of the Townhouse. The only permitted principal uses of land in the CD-8 Zone are residential uses, including a "Ground-Oriented Apartment Residential Use" limited to no more than 31 dwelling units. The Townhouse is one of the dwelling units in the 29-unit strata complex in the CD-8 Zone. The City?s Council has designated other zones for the location of commercial short-term accommodation as a principal use, such as zones in which a ?Hotel Use? or ?Tourist Accommodation Use?, as defined in the Zoning Bylaw, are permitted. The placement of hotels and other short?term accommodation uses in other zones reflects an intention to make buildings in residential zones ones ?occupied by persons who normally reside there and to prohibit their occupation by tourists, travellers, and other persons who require only temporary lodging, including furniture, facilities and services of a kind not normally required by or provided to the tenants of houses or other dwelling units? (City) v. North/and Properties Ltd., 2000 BCCA 344 at para. 15). The City's Council has adopted the Fire Bylaw under its authority to adopt bylaws for the purpose of regulating emergency exits in places to which the public is invited and other fire safety matters (Community Charter, 5. 63). The Respondent?s blocking of an exit in the Townhouse contravenes section 704.3 of the Fire Bylaw. The City may enforce its bylaws by civil proceeding (Community Charter, 5. 274). ll 12. 13. Part 4: Upon finding a breach of an enactment, the Court should issue an injunction (Abbotsford (City) v. Weeds Glass 8: Gifts Ltd., 2016 BCSC 135; Burnaby (City) v. Pocrm'c, 1999 BCCA 652). The discretion of the court to decline an injunction to enforce an enactment is very narrow and is reserved for rare cases with exceptional circumstances (North Pender Island Local Trust Committee v. Concom?, 2010 BCCA 494 at para. 38). The successful party is entitled to its costs pursuant to Rule 14-1(9) and a good reason is required to depart from the rule that costs follow the event (Ngo v. South Pacific Development Ltd, 2007 BCCA 119). MATERIAL TO BE RELIED 0N Affidavit of R.Crookes #1 made Affidavit of D.Go dberg #1 made Affidavit of E.Wasney #1 made The Petitioner estimates that the hearing of the Petition will take 1 day. Date: . Signature of El lawyer for 9etitioner Michael Moll To be completed by the court only: Order made El in the terms requested in paragraphs Part 1 of this Petition El with the following variations and additional terms: Dated: Signature of El Judge El Master