A2
                             ADMINISTRATIVE REPORT

                                           Date: October 17, 1995
                                           Dept. File No.  WB

   TO:       Vancouver City Council

   FROM:     Director of Land Use & Development

   SUBJECT:  Amendment to Section 215 Covenant - 7116 Selkirk Street
             Development Application Number DE400159


   RECOMMENDATION

        THAT the  Section 215  Covenant registered  at  the Vancouver  Land
        Title Office under Charge  No. G89947 and amended under  Charge No.
        N98585 for 7116 Selkirk Street  (Lot 17, Subdivision A of  2, Block
        17A, District Lot 526,  Plan 17919) be amended  to allow a  maximum
        floor  space  ratio  (FSR) of  0.60,  to  the  satisfaction of  the
        Director  of Land  Use  & Development  and  the Director  of  Legal
        Services at no cost to the City.

   GENERAL MANAGER'S COMMENTS

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

   COUNCIL POLICY

   There is no applicable Council Policy for this matter.


   PURPOSE

   This report seeks a Council Resolution to amend the Section 215 Covenant
   respecting  floor space ratio (FSR) provisions for lands located at 7116
   Selkirk Street (Lot 17, Subdivision A of 2, Block 17A, District Lot 526,
   Plan  17919).    Since  Council  approved  the  terms  of  the  original
   covenants, any  substantive alteration  to the  text requires  a Council
   Resolution.

   SITE DESCRIPTION AND BACKGROUND

   The  location of  the site is  shown on  the attached  Appendix "A" map.
   This  site is zoned RS-1 One-Family Dwelling District and developed with
   a single-family dwelling approved under Development Permit Number 86831,
   issued on  April 9, 1980,  and subject to the  terms of two  Section 215
   covenants registered on title.

   The  covenants, volunteered  by  the  property  owner  at  the  time  of
   subdivision,  were  entered into  to provide  a  certain degree  of view
   protection  to  and from  the  nearby  single-family dwellings,  and  to
   preserve   the  large,  estate-like   amenities  characteristic  of  the
   immediate   neighbouring  properties.      Similar  covenants   restrict
   development  on Lot 18 (immediately  east of this  site).In 1982, it was
   determined that the  original owner had not built in accordance with the
   approved  plans and the City initiated litigation proceedings.  In 1984,
   the owner applied  for a  development permit which,  if approved,  would
   "validate"  the deviations  from  the  original  approved plans.    This
   application was, however, put  on hold pending resolution of  the matter
   of  jurisdiction, given that the proposal violated the conditions of the
   registered  covenants.   The  matter was  reported  to City  Council  on
   September  10, 1985, at which time Council, after considering the effect
   of  the changes on neighbouring properties, resolved to allow amendments

   to the existing covenants.

   The two covenants restricting Lot 17 now provide for the following:

   (a)  Lot  17  only  to  be  developed  with  a  single-family  dwelling,
        requiring design approval by the Director of Planning;

   (b)  the  FSR  not  to  exceed  0.424  (amended  from  0.30  by  Council
        resolution September 10, 1985);

   (c)  the height not to exceed the lesser of one-storey or 5.000 m (16.40
        ft.) mean height; and

   (d)  the easterly 5.508 m (18.07 ft.) of Lot 17, in perpendicular width,
        not to be used, built on  or developed with any building structures
        (amended from  7.780 m [25.79 ft.] by  Council resolution September
        10, 1985).

   DISCUSSION

   The present owner  of the site wishes to demolish  the existing building
   and  construct a new single-family  dwelling.  The  dwelling proposed in
   the  development  application would  comply  with  the height  and  view
   restrictions of the covenants.   However, the dwelling seeks  the FSR of
   the  RS-1 District  Schedule;  the restriction  on  FSR imposed  by  the
   covenant would not be met.

   In order to minimize visual building bulk and comply with the height and
   view restrictions of the covenants, the proposal is limited to a single-
   storey  with basement.    Staff  believe  that  the  resulting  form  of
   development, which is well under the outright height and above-grade FSR
   limitations in  the current RS-1  District Schedule, meets  the original
   intent  of  the  covenants,  particularly  with  respect  to  preserving
   existing views and  open space.   Further, the floor area  exceeding the
   covenant  restriction which relates to "gross" FSR (as opposed to above-
   grade  FSR)  is  largely developed  as  basement  area,  which will  not
   adversely affect neighbouring sites.

   Simplified  plans, including a site plan and elevations of the proposal,
   have been included in Appendix "B".
   The three neighbouring property owners deemed to be most affected by the
   proposed  development and  beneficiaries of  the current  covenants (see
   Appendix  "A" map)  were  notified of  the proposal  and  were asked  to
   comment on the proposed  form of development and the  proposed amendment
   to the FSR limitation in the covenant.  No objections were received.


   CONCLUSION

   The  proposed  development  meets  the restrictions  prescribed  by  the
   covenants  with respect  to height  and view  protection.   Further, the
   proposed development  is well under the current  by-law permitted height
   and above-grade floor  space ratio  (FSR).  While  the proposed  "gross"
   floor  space  ratio  (FSR)  is  greater  than  currently  prescribed  by
   covenant,  it meets the requirements  of the RS-1  District Schedule and
   the  neighbouring  property owners  do  not object  to  the new  form of
   development proposed on this site.

   The  Director of  Land  Use &  Development believes  the  design of  the
   proposal  is acceptable and meets  the intent of  the original covenants
   and is  therefore prepared to  support the amendment to  the floor space
   ratio restrictions contained therein.


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