ADMINISTRATIVE REPORT

TO:

Standing Committee on Planning and Environment

FROM:

Director of Current Planning, in consultation with the Subdivision Approving Officer

SUBJECT:

6135 Macdonald - Proposed Heritage Revitalization Agreement

 

RECOMMENDATION

A. THAT Council authorize the Director of Legal Services to enter into a Heritage Revitalization Agreement for the property at 6135 Macdonald to:

GENERAL MANAGER'S COMMENTS

The General Manager of Community Services RECOMMENDS approval of A and B.

COUNCIL POLICY

Council's Heritage Policies and Guidelines include the objective of protecting as many resources on the Heritage Register as possible.

PURPOSE

The purpose of this report is to seek Council approval of a Heritage Revitalization Agreement for the property at 6135 Macdonald. The HRA would vary the Subdivision By-law and the Zoning and Development By-law to permit subdivision of the property to occur.

HERITAGE VALUES AND CONTEXT

The "C" listed heritage house at 6135 Macdonald is a good example of the Tudor Revival style. It is situated on a large, well-landscaped lot, surrounded by its original fence. It was constructed in 1930 for Dr. Brett Anderson, and designed by the noted architectural firm of Hodgson & Simmonds. There have been minor changes to the building since its construction. In 1964, a 7 ft. X 19 ft. addition was made to the rear of the building and second storey added to the existing garage. In 1998, a 300 sq. ft. addition was made to the garage. The changes have not detracted from the building's heritage value.

The house is also supported by other heritage listed buildings nearby. To the immediate south, at 6187 Macdonald, is a "C" listed house from 1932, which is also a good example of the Tudor Revival style. Across the street, at 6120 Macdonald is a "B" listed and municipally designated heritage house, which is at the centre of a "infill" project that was permitted through a rezoning to CD-1 in 1994.

A plan showing the site and surrounding zoning is included in Appendix A. A plan showing the proposed subdivision, and the location of the existing heritage house, is shown in Appendix B.

THE DEVELOPMENT PROPOSAL

A preliminary subdivision application has been made to subdivide the existing lot (143.55 ft. X 176 ft.) into two lots (143.55 ft. X 122 ft. and 143.55 ft. X 54 ft.). This subdivision would permit the "C" listed house to sit entirely on the 143.55 ft. X 122 ft. lot. Under the current Subdivision By-law, the owner could apply to subdivide the existing parcel into two lots, but approval would necessitate the demolition of the heritage house. No changes are proposed to the heritage house. The newly created 143.55 ft. X 54 ft. lot would be available for development under the existing RS-5 zoning.

SUBDIVISION APPROVAL

The Subdivision By-law sets out a minimum lot area of 5,400 sq. ft. and a minimum parcel width of 60 ft. for new lots in this RS-5 area. The proposed subdivision meets the minimum site area, but not the minimum width. The proposed HRA would reduce the width requirement from 60 ft. to 54 ft. In addition, the Approving Officer cannot approve a subdivision that would result in non-conformities; therefore, the HRA would also vary the zoning to make legal the existing non-conforming rear yard, as well as the too narrow south side yard that would be created.

This block does not have a through lane. As a condition of subdivision approval, the Approving Officer will require that the owner provide the City with an option over the west 10 ft. of the property, as advised by Engineering Services, for a potential future lane. There currently is an existing 10 ft. wide Hydro right-of-way over this part of the property.

COMPATIBILITY WITH COMMUNITY PLANNING OBJECTIVES

The intent of the RS-5 District Schedule is to maintain the existing single-family residential character by encouraging compatible new development and the retention of existing development. The HRA meets these goals by:
- enabling the retention of an existing house, that would otherwise be required to be demolished in order to subdivide the property;
- requiring the application of RS-5 Design Guidelines on the newly created parcel, as well as a front yard setback that is compatible with adjoining houses, and a maximum 12 ft. width for a new driveway crossing off Macdonald Street, to minimize view impacts from the properties across the street; and
- requiring that the heritage house and original fence be maintained, and Heritage Alteration Permits be required for any alterations.

The neighbours have advised that they would not like to see a new "outright approval" RS-5 house constructed on the newly created lot. On larger lots in RS-5, there are many applications for "outright approval" new houses (i.e. the application of design guidelines is not required, due to the density being sought.) The HRA therefore includes a provision for mandatory application of the RS-5 design guidelines.

THE DRAFT HERITAGE REVITALIZATION AGREEMENT

A Heritage Revitalization Agreement is required to:
· reduce the minimum parcel width from 60 ft. to 54 ft.;
· approve the existing rear yard non-conformity (35.1 ft. required, 14.7 ft. existing);
· approve the resulting southerly side yard non-conformity (18.3 ft. required, 14.85 ft. proposed);
· protect the heritage house and the fence that is located on along 45th Avenue and Macdonald Street; and
· require certain design provisions to ensure compatibility of a new RS-5 house on the newly created southerly lot (mandatory application of the RS-5 design guidelines, a minimum front yard requirement and a maximum driveway width).

LEVEL OF PROTECTION

The HRA includes similar language to that effected by designation (e.g. no exterior alterations or demolition without a Heritage Alteration Permit). Since the HRA does not require variances to use or density, a public hearing is not required for the HRA. Protection of the house and fence is achieved by the HRA, so that a designation by-law (and associated Public Hearing) is not necessary.

SUPPORT TO ENABLE CONSERVATION

The Director of Real Estate Services advises that the proposed subdivision, including all variances described, would not provide the owners with an extraordinary profit based on an analysis of this proposal. The owner is willing to enter into the Heritage Revitalization Agreement with the City and waives future claims to compensation.

REVIEW AND NOTIFICATION

The Vancouver Heritage Commission reviewed and supported the proposed subdivision and the HRA provisions at its meeting on May 17, 2004. The owner and her consultant have sent two letters to surrounding property owners and three responses have been received: two in favour and one opposed. In addition, the Planning Department sent out a notification letter to 30 neighbours in early June. The response to this notification will be verbally reported to Council.

CONCLUSION

The house at 6135 Macdonald is a valuable heritage house in an RS-5 area, where retention of existing houses and compatible new development is an important community goal. If not for the proposed HRA, the existing house would have to be demolished in order to subdivide the property. The HRA also facilitates compatible new development on the newly created lot by requiring the application of Design Guidelines and site-specific yard and driveway regulations.

LINK TO APPENDICES

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pe20040624.htm

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