SUPPORTS ITEM NO. 3
                                                P&E COMMITTEE AGENDA
                                                SEPTEMBER 14, 1995  

                             ADMINISTRATIVE REPORT

                                             Date:  August 25, 1995
                                             Dept. File No.  JF

   TO:       Standing Committee on Planning and Environment

   FROM:     Associate Director of Planning - 
             Land Use and Development 

   SUBJECT:  Proposed Amendment to Subdivision By-law No. 5208 -
             Site Reclassification at 2868 and 2880 West 39th Avenue


   RECOMMENDATION

        THAT Council refuse the application to reclassify the properties at
        2868 and 2880 West 39th Avenue from Category 'B' to Category 'A' of
        Schedule A, Table 1, of Subdivision By-law No. 5208.

   GENERAL MANAGER'S COMMENTS

        The General  Manager of  Community Services RECOMMENDS  approval of
        the foregoing.

   COUNCIL POLICY

   Council policy regarding amendments to the subdivision categories in RS-
   1, RS-1S,  RS-3,  RS-3A and  RS-5 zoned  districts is  reflected in  the
   Manager's Report as approved by Council on October 28, 1987.  As well as
   establishing seven  parcel size categories  for subdivision in  the RS-1
   District,  the  report  provided  for possible  future  changes  in  the
   categories  in cases where property owners seek to classify their parcel
   category either up or down, to facilitate or prevent subdivision.

   PURPOSE

   This  report addresses a proposal  to reclassify the  properties at 2868
   and 2880 West  39th Avenue (Lots  31 Remainder and  32 Amended, Both  of
   Block 9, D.L. 2027, Plan 1682) from Category 'B' to Category 'A' for the
   purpose  of  subdivision in  accordance  with  the minimum  parcel  size
   requirements of Schedule A, Table 1 of Subdivision By-law No. 5208.

   BACKGROUND

   On  January 19,  1988,  Council enacted  an  amended Schedule  A to  the
   Subdivision  By-law by  introducing seven  categories of  minimum parcel
   width   and  area  to  govern  the  subdivision  of  lands  zoned  RS-1.
   Subsequently, lands zoned RS-1S, RS-3, RS-3A and RS-5 have been 
                                     - 2 -


   included  as well.    All  lands  in these  five  zoning  districts  are
   classified  on a block-by-block basis,  as shown on  279 sectional maps,
   which are on file with the City Clerk and which form part of Schedule A.

   As  shown in  Appendix A,  the south  side of  West 39th  Avenue between
   MacKenzie  Street  and  Trafalgar  Street, which  contains  the  subject
   parcels, is now classified  as Category 'B', which prescribes  a minimum
   width of 12.192 m (40.00 ft.) and a minimum area of 334.451 m› (3,600.00
   sq.  ft.)  for  each parcel  created  by  subdivision.   The  blockfaces
   surrounding the subject block are also classified as Category 'B'.

   Lot  31  Remainder (2868  West  39th Avenue)  has  a width  and  area of
   approximately 20.630 m (67.70 ft.) and 1,273.000 m› (13,702.00 sq. ft.),
   respectively.   Lot 32 Amended (2880  West 39th Avenue) has  a width and
   area  of approximately 20.630 m (67.70 ft.) and 903.500 m› (9,725.00 sq.
   ft.), respectively.  Under  Category 'B', the subject parcels  cannot be
   subdivided individually, because they  do not meet the minimum  12.192 m
   (40.00 ft.) width required for each parcel created.

   The  owners of the subject parcels could combine their parcels, however,
   and resubdivide in  accordance with  Category 'B',  into three  parcels,
   each having a  width of approximately 13.760 m (45.10  ft.), as shown in
   the context of  the surrounding parcels,  in Appendix B.   Although both
   owners  have expressed an interest  in subdivision, they  do not wish to
   pursue a  three-parcel configuration  because the existing  parcels have
   different  depths,  and  the  resulting  centre  parcel  would  have  an
   irregular  rear  property  line.    Instead,  they  have  submitted this
   proposal to  amend the By-law, as  it applies to their  parcels only, to
   enable them to  apply individually  to subdivide to  create two  parcels
   each (for  a total  of four  parcels), having a  width of  approximately
   10.320 m (33.90 ft.), also  as shown in the  context of the  surrounding
   parcels, in Appendix B.

   ASSESSMENT

   This reclassification application proposes to allow for consideration of
   parcels  no less  than  9.144 m  (30.00  ft.) in  width  and 278.709  m›
   (3,000.00 sq. ft.)  in area,  thereby allowing  consideration of  a two-
   parcel subdivision proposal on either of the subject parcels.
                                     - 3 -


   Twenty  property  owners, excluding  the  applicants,  were notified  in
   writing  of this  reclassification request.   Sixteen  owners responded,
   with the following results:

        Oppose Reclassification:                              7
        Support Reclassification to Category 'A'              9
                                                             16 

   The location of the respondents is shown in Appendix A.

   Many of  the respondents  opposing the reclassification  cited increased
   density, added congestion, increased driveway crossings as the block has
   no lane for rear access, and shortage of parking in the neighbourhood as
   reasons for objecting to this  reclassification.  Several indicated they
   felt that a change  of category and the resulting  potential subdivision
   would  detrimentally  affect  both  the area's  character  and  property
   values.

   Most  of the respondents who supported the reclassification did not cite
   their  reasons.  Two  people, however, said  they would like  to see the
   existing  boulevard  trees  protected  or replaced,  and  one  supporter
   mentioned  that the  City should  consider rezoning these  properties to
   allow for regulating the design of the new homes and driveways.

   Category 'B'  was assigned to the  subject block in 1988  to ensure that
   the remaining larger parcels such as Lot 31 Remainder and Lot 32 Amended
   would  be  subdivided in  a consistent  and  compatible manner  with the
   surrounding blocks.   As illustrated in  Table 1 below, analysis  of the
   blockface containing the subject parcels,  indicates that  the  majority
   of  the parcels  are within the 12.200 m  - 15.210 m (40.00 ft.  - 49.90
   ft.) range, which is indicative of why Categary 'B' was recommended  for
   this block.

                                    Table 1

   South side of  West 39th Avenue,  between MacKenzie Street and  the lane
   west of Trafalgar Street, excluding Lots 31 Remainder and 32 Amended.

   Parcel          9.14-12.16m    12.20-15.21m   15.24-18.26m   
   Width          (30.0-39.9ft)   (40.4-49.9ft)  (50.0-59.9ft)

   # of parcels        3               8             1



   Parcel         18.29-21.30m    21.34m plus
   Width          (60.0-69.9ft)   (70.0ft plus)

   # of parcels        1               2
                                     - 4 -


   Based  on the established pattern of subdivision, there is no convincing
   rationale  for changing  the category  of  Lot 31  Remainder and  Lot 32
   Amended to  a smaller  standard.   Under the present  Category 'B',  the
   owners can combine the two parcels and subdivide, in a manner that would
   be  consistent with the existing pattern of subdivision [i.e., 3 parcels
   each being 13.760 m (45.10 ft.) in width].

   CONCLUSION

   The Associate Director  of Planning - Land Use and  Development does not
   support the reclassification of Lot 31 Remainder and Lot 32 Amended from
   Category 'B' to Category 'A' in view of:

   (a)  objections from  surrounding property  owners who responded  to the
        notification; and

   (b)  the  opportunity for the  subject property owners  to subdivide the
        two combined parcels  under the present  Category 'B' standard,  to
        create three parcels more  consistent in size with the  predominant
        pattern in this block.


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