Vancouver City Council

ADMINISTRATIVE REPORT
 

Date: February 17, 2003
Author/Local: Y.McNeill/7582
RTS No. 03210
CC File No.

TO:	Vancouver City Council
FROM:	Director of Current Planning in consultation with the Subdivision Approving Officer
SUBJECT:	Heritage Revitalization Agreement and Designation - 5055 Connaught Drive

RECOMMENDATION

A. THAT Council authorize the Director of Legal Services to enter into a Heritage Revitalization Agreement for the property at 5055 Connaught Drive to:

a) secure the protection and ongoing maintenance of this "A" category Vancouver Heritage Register house;
b) vary the provisions of the RS-5 District Schedule of the Zoning and Development By-law as described within Development Permit DE407129, so the existing zoning non-conformities of the heritage house on Lot 20, are made lawful in perpetuity; and
c) vary the Subdivision By-law to permit a parcel width of 49.00 ft. (14.9 m.) for the south Lot 19.

B THAT Council by By-law designate the house at 5055 Connaught Drive as municipally protected heritage property;

C. THAT Council require that an agreement be registered to secure the timely restoration to the heritage building and prohibit the occupancy of any proposed dwelling on Lot 19 until the heritage house and the whole parcel it sits upon, are rehabilitated to the satisfaction of the Director of Planning and the Director of Legal Services, unless the owners secure such rehabilitation work under separate agreement;

D. THAT Council require that an agreement be registered on Lot 21 to secure the following:

a) long-term protection of the brick wall, and
b) limit development as described under Development Application DE 407130;

FURTHER as a consequence of the drafting of this agreement, design development to proceed to DE407130 to produce a compatible development with the surrounding neighbourhood and the heritage building;

E. THAT Council require that an agreement be registered on Lot 19 to secure the following:

a) long-term protection of the garage and brick wall,
b) retention and enhancement of maximum amount of landscaping along the south property line,
c) compliance with the RS-5 Design Guidelines with respect to any proposed dwelling; and
d) minimum sideyard setback to any new development of 8'0" ft. (2.4 m) on the south property line.

F. THAT the agreements be given priority over all other charges on title, except those already held by the City, to the satisfaction of the Director of Legal Services; and

G. THAT the Director of Legal Services bring forth the by-law to authorize the Heritage Revitalization Agreement and to designate the building.

GENERAL MANAGER'S COMMENTS

The General Manager of Community Services RECOMMENDS approval of A, B, C, D, E, F and G.

COUNCIL POLICY

Council's Heritage Policies and Guidelines state that buildings "identified in the Vancouver Heritage Register have heritage significance" and that "the City's long-term goal is to protect through voluntary designation as many resources on the Vancouver Heritage Register as possible."

PURPOSE

The purpose of this report is to seek Council approval for the municipal designation of the "A"- listed building at 5055 Connaught Drive and to secure long-term protection through a Heritage Revitalization Agreement (HRA) that would vary the subdivision bylaw and secure the existing non-conforming conditions on site with respect to the RS-5 District Schedule.
BACKGROUND & SUMMARY

The heritage building is located in the South Shaughnessy area of Vancouver. The building and site straddle three separate lots (19, 20 and 21) (see Figure #1 and Appendix B). The owner has submitted a development application and subdivision application to restore the heritage building and move the property line between Lots 19 and 20 further south by 31 ft. As well, the property line between lots 20 and 21 will be moved further north by 3 feet to create a sideyard setback adjacent to the heritage house. By relocating the property lines, the heritage house will sit wholly on its own property and Lot 19 can develop unencumbered by the heritage resource. Lot 21 is a separate lot and can develop under the RS-5 District Schedule

The heritage building was used by a religious organization for many years but will be converted back to a single-family dwelling as part of this proposal. The building has been well maintained and only minor changes and restorative work are needed. (See drawings -Appendix A).

Based on the RS-5 zoning regulations, if the heritage house was demolished, the three lots could construct 3 new buildings with a combined total of up to 21,210 sq. ft. (1970 m²) including basements. Through retaining the heritage house, and taking into account the smaller building proposed on Lot 21 and assuming Lot 19 develops to the maximum permitted, the combined floor area for all three lots would be 21,993 sq. ft. (2,043 m² ). 783 sq. ft. (73 m²) above the permitted overall floor area for the three sites.

Figure #1 Site Map

RS-5 also has an above grade maximum floor area provision which results in a combined maximum of 11,470 sq. ft. (1,065 m² ) for all three lots. Lot 19 will comply with the maximum permitted for that parcel, Lot 21 has proposed a smaller building, by 373 sq. ft. (35 m²), then permitted. The heritage house has 8,579 sq. ft. (797 m²) above grade , which exceeds that lots permitted above grade floor area by 3,355 sq. ft. (312 m²). This relaxation in above grade floor area is necessary to preserve and protect the heritage building.

In exchange for the subdivision variance, the owner has requested to enter into long term protection for the site in the form of a HRA and municipal designation. Other zoning variances would be secured through the HRA and these relate to existing non-conforming conditions for the heritage building with respect to the RS-5 District Schedule as set forth in Development Application DE407129.

The owner has also applied to develop a new one-family dwelling on Lot 21. The Director of Planning is processing that application concurrently with the development application for the heritage building. The RS-5 zoning provisions and Design Guidelines will be applied along with a legal agreement to ensure compatible development.

Subdivision Variances: The heritage building presently straddles two lots (19 & 20 ) with a minor encroachment into a third lot (21) (see Figure #1 Site Map). By moving the north lot line between lots 20 and 21 further north by 3 ft ( 1m), the encroachment will no longer exist.
Regarding the subdivision of Lots 19 and 20, on this block, the minimum standard for parcel widths is 75 ft. (22.8 m) and for site area is 6,750 sq. ft. (627 m²). Relocating the property line between Lots 19 and 20 will reduce the width of Lot 19 from 80 ft. to 49 ft. (15 m) with a resulting site area of 7,178 sq. ft. (667 m²). Lot 20 will increase in width from 80 ft. (24.3m) to 114 ft. (34.7 m). The resulting configuration of Lot 19 will exceed the minimum standard for site area, however it will be deficient in width. Following the subdivision, Lot 20 will be referred to as the north parcel and Lot 19 will be referred to as the south parcel.

DISCUSSION

Heritage Value: The heritage house at 5055 Connaught Drive is listed in the "A" category on the Vancouver Heritage Register. It is an important neighbourhood landmark reflecting the original architectural context of the area. Built in 1921 for Mrs. Lester Brooks; by 1927 it was owned by Alvah Hager, the general manager of the Canadian Fishing Company. From 1966 until last year, the building was occupied by a number of religious institutions. The original architect was Henry Herbert Gillingham who also designed many notable homes in Vancouver and Victoria and also designed the Commodore Ballroom.

At @ 12,500 sq. ft., the house was one of the largest houses built in Vancouver between the wars, and has a strict linear contrast between the main and upper floor. The brick cladding, with half-timbering above and the rolled-eave roof covered with steam-bent shingles to resemble thatch, are elegant references to a rustic English Arts and Crafts vernacular.

The property also contains two small garages one located on Lot 19 and the other on Lot 21. They are similar in style and material to the main building and exhibit the same "Cotswold roof" of a rolled-eave with steam bent shingles. As well, a low brick wall runs along the front and sides of all three lots. The wall dates from the same era as the house and the brick matches the building.

Compatibility of Conservation with Community Planning Objectives: The intent of the RS-5 District Schedule is, in part, to:

"...maintain the existing single-family residential character...and encourage new development that is compatible with the form and design of existing development.. and encourage retention and renovation of existing development. Emphasis is placed on the maintenance and retention of existing healthy trees and planting which reflects the established streetscape.."

The proposal meets the intent of the area's zoning by preserving the heritage house and allowing for new development designed to be compatible with the area. The developments proposed on Lots 21 and 19, will comply with the RS-5 District Schedule and the Design Guidelines and further secured by two side agreements with the owner, outlined under Recommendation D and E. A minor relaxation on lot 21 may be required for the side yard and rear yard setback due to the unusual lot configuration. The Director of Planning is prepared to consider the relaxations pending further consultation with the neighbourhood.

Lot 20: The requisite HRA will make lawful the existing non-conforming zoning conditions for the heritage house and its new lot configuration as detailed in the following table:

RS-5 District Schedule Variances for Existing Heritage House on Enlarged Lot 20

HEIGHT*	Permitted (conditional): Proposed:	35.10 ft. (10.7 m.) 40.00 ft. ± (12 m. (existing condition )
HEIGHT # of storeys*	Permitted: Proposed:	2½ storeys 3 storeys (existing condition )
SOUTH SIDE YARD**	Required: Proposed:	11.40 ft. (3.4 m.) (min. 10% of site width) 3.36 ft. (1.02 m)
NORTH SIDE YARD***	Required: Proposed:	17.10 ft. (5.2 m) (min. 15% of site width) 3.28 ft. (1 m )
TOTAL FSR*	Permitted (conditional): Proposed:	0.70 (11,153 sq. ft.) (1,036 m2 ) 0.78 (12,550 sq. ft.) (1,166 m2) (existing condition)
ABOVE-GRADE FSR*	Permitted (conditional): Proposed:	5,224 sq. ft. (485 m2) (0.24+1,400.0 sq. ft.) 8,579 sq. ft.(767 m2) (0.44+1,400.0 sq. ft.) (existing )

* These non-conforming conditions already exist and are included in the HRA to enable the heritage house to be repaired or replicated if damaged in the future.

** A relaxation of the side yard between the heritage house and Lot 19 has been requested to enable the maximum width possible for Lot 19.

*** There is presently no side yard setback between the heritage house and the north property line.

Condition of the Property & Economic Viability of the Conservation: The heritage house will be restored where required and a minor alteration made to the north elevation to permit the reorientation of an existing set of stairs and porch. A window on the north elevation will be removed and replaced with a period style window to match the building, and an aluminium awning will be removed from the rear of the building. Of the two heritage garages that match the house, one will be retained in situ on Lot 19 and a covenant placed on that parcel to preserve and maintain the garage in perpetuity. The other garage on Lot 21 will be relocated to Lot 20, placed behind the heritage house and protected along with the house through legal designation.

The past owners of the heritage house have maintained the building in good condition. Other than standard up-keep and repainting, only the roof is in need of attention. The rolled edge steam-bent shingle roof is of primary historic value to the building and will be required to be maintained and replaced in perpituity. The repairs will include the removal of an elastomeric coating applied some years ago and replacement of rotted shingles as required in a manner consistent with the construction of the roof. The HRA and designation will require subsequent changes to the building to be subject to a Heritage Alteration Permit (HAP), and will also require replication of the heritage house and garage in the event of damage or destruction.

The proposed subdivision and zoning variances will offset the cost to restore and designate the heritage building and the two garages and ensure that the conservation of the heritage building is economically justifiable. The owner is committed to enter into the Heritage Revitalization Agreement and designation with the City and waives future claims to compensation.

Comments from Vancouver Heritage Commission: The Vancouver Heritage Commission reviewed and supported the subdivision scheme and HRA on November 18, 2002 and made the following resolution:

"THAT the Vancouver Heritage Commission commends the applicant and supports the "A" heritage designation of the property at 5055 Connaught Drive and the subdivision of this property with changes as presented; and

FURTHER THAT the Vancouver Heritage Commission requests the retention of the heritage ballroom as part of the designation including the retention of the airspace of the said ballroom."

The exterior volume of the heritage building will be protected through designation, thereby securing any insensitive changes from occurring in the future. The interior ballroom of the building, while duly noted as having significant heritage merit, is not proposed to be designated as private interior spaces are subject to alteration without notice to the City or the surrounding community.

Prior Neighbourhood Issues: From 1966 until 2002, the site was owned and occupied by the Church of Latter-day Saints and then by the Emissaries of Divine Light who used the building as a church office and residence for up to 8 missionaries. In later years the building was also rented out for weddings and party receptions. The City received many complaints from adjacent neighbours regarding parking and noise and, in 1996, pursued enforcement action to prohibit the owners from holding any further functions/events such as parties, wedding receptions or any other activity not recognized as being acceptable under the approved non-conforming use for the property.

Public Consultation: Following standard notification procedures, 46 surrounding property owners were notified and invited to comment on the proposal. Five (5) negative responses were received, two of which were from Shaughnessy Heights Property Owners' Association (SHPOA) members, outside the notification area. From the comments received it was clear there were some misunderstandings about the proposal, as well as the existing subdivision configuration, and current development potential under the RS-5 zoning with or without retention of the heritage building. In response, staff together with representatives of the SHPOA and the applicant, arranged three meetings neighbouring property owners had an opportunity to learn more about the proposal and provide additional comments.

The written and verbal responses received following those two meetings combined with the original responses from the 46 notified neighbours, indicates a total of two (2) opposed, six (6) in favour and one qualified call of support provided that narrowing Lot 19 did not become a precedent for the area. The comments from letters received, and staff responses, are as follows: (Note: All neighbourhood commentary is as of February 17, 2003. Shouldfurther information become available prior to the Public Hearing, staff will include this within the presentation at the Public Hearing.)

Comments Opposed :

· Oppose subdivision of the site into three separate lots and developing of the site into three 'larger' dwellings (some responses indicated support for smaller 'infill' units)

The site exists as three lots and this configuration has been in place since the early 1900s. Each lot is developable under the RS-5 zoning and if the heritage house were to be demolished, three new one- family houses could be built. The RS-5 zoning carefully controls above-grade massing and architecture to ensure compatibility.

· Narrowing of Lot 19 will change the character of the area

While narrower than the area standard of 75 ft. (22.8 m) frontage, Lot 19 at 49 ft. ( 15m ) will still exceed the minimum standard in overall lot area. Through compliance with the area Design Guidelines, together with an 8 ft. sideyard setback (along the side property line) and retention and augmentation of mature landscaping, the character of the area will be respected in the context of preserving a larger than typical heritage house.

· Concern about the proposed use for the heritage house

There was confusion regarding the proposed new use of the heritage building with one resident concerned it would be a multiple dwelling. The application is for a one-family dwelling.

· The development of Lot 19 should be designed and reviewed as part of this proposal

While this would be ideal, the applicant would like to sell this lot as part of the overall proposal to designate and preserve the heritage house, and would therefore prefer to leave the final design to a new owner. In discussing this matter further with staff, the applicant has agreed to commit, through a legal agreement, that any new application be processed as a conditional approval in the RS-5 zoning. The agreement will also include provision for a 8 ft. (2.4 m) southerly side yard and enhanced landscaping. Staff are confident a compatible design will result from the conditional development application process.

· Concern that the view from Connaught Drive to the heritage house will be blocked by the new house on the corner

The allowable building footprint that is described under the RS-5 District Schedule, would place the building forward on the Lot 21. To better relate to the heritage house, staff had instructed the owner to locate the new building further back onto the lot in exchange for leaving a wide expansive view to the heritage house and to protect an existing tree in the front yard. This will push the building back into the rear yard and closer to Roxburgh Crescent. The specific siting of the building is still being discussed. Staff will take into account comments from the neighbourhood when determining an optimum location for the building.

· The corner lot looks undevelopable and the house proposed looks too big and too close to Roxburgh Crescent

While the Lot 21 is unusual in shape, it does not restrict the owner from developing the site with a one-family dwelling. The permitted maximum size of a house on that lot is 5,033 sq. ft. in total and ( 3,125sq. ft). above grade. The proposed house for this site is 4,418 sq. ft. in total and 2,824 sq. ft. above grade. It is 615 sq. ft. smaller in total and 301 sq. ft. smaller above grade then permitted on a lot of this size. The owner has agreed to limit the floor area on this site to the proposed and will enter into an agreement to be registered on title and restrict the development on this land in perpituity. Discussions continue with the applicant and the neighbours about the building's massing, location and setbacks.

Comments in favor: There was support for:

· retention and long term protection of the heritage "A" listed building
· development of a new building on either side of the heritage building provided they are designed in a compatible way with the area and the heritage house
· narrowing of Lot 19
· locating the new house on Lot 21 further back from Connaught Drive

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· the appearance of the proposed house on Lot 21
· converting and retaining the heritage home as a single family dwelling

In summary, staff have been able to provide clarification with respect to misunderstandings and have encouraged the applicant to respond to concerns raised. Progress is being made. Additional meetings are scheduled with concerned neighbours, the applicant and SHPOA representatives, prior to the Public Hearing, in order to find ways to further improve compatibility of the proposal in the neighbourhood context. Staff will report the results of this continued consultation at the Public Hearing.

CONCLUSION

The recommended Heritage Revitalization Agreement will secure the long-term protection and conservation of the "A" listed house on the Vancouver Heritage Register and reconfigure the property lines between Lots 19, 20 and 21. The ability to develop Lot 19, unencumbered by the heritage house, will assist in securing the future of the heritage house and compensate the owner for the designation of the building. The Vancouver Heritage Commission reviewed and supported the proposed subdivision and minor changes to the building. The neighbourhood has been consulted with comments received and taken into consideration.

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