A12 ADMINISTRATIVE REPORT Date: September 3, 1996 Dept. File No.: HB TO: Vancouver City Council FROM: Director of Community Planning SUBJECT: Possible Withholding Action for 2891 West 44th Avenue - West Kerrisdale Interim Zoning Review Study Area RECOMMENDATION A. THAT in accordance with Council's instruction of July 30, 1996 to refer a portion of West Kerrisdale to Public Hearing, Council withhold for 30 days in accordance with the provisions of Section 570(1) of the Vancouver Charter, the Combined Development and Building Permit for the proposed development at 2891 West 44th Avenue, expiring September 21, 1996 and for a further 60-day period, expiring November 22, 1996, for a total of 90 days from the date of submission, pursuant to Section 570 (2)of the Vancouver Charter. Alternatively, the following is submitted for CONSIDERATION B. THAT Council instruct staff to process the Combined Building and Development Application for the proposed development at 2891 West 44th Avenue in the normal manner. GENERAL MANAGER'S COMMENTS The General Manager of Community Services RECOMMENDS approval of A. If Council does not support A, B is submitted for CONSIDERATION. COUNCIL POLICY On July 30, 1996, Council referred a portion of West Kerrisdale and Mackenzie Heights to Public Hearing to consider rezoning from RS-1 to RS-5. Council also instructed the Director of Community Planning to report development applications for possible withholding action pursuant to Section 570 of the Vancouver Charter. PURPOSE The purpose of this report is to report for possible withholding of a development application received on August 22, 1996. BACKGROUND On May 9, 1996, Council approved an Interim Zoning Review for RS-1 and RS-1S areas. On July 30, 1996, Council referred a portion of West Kerrisdale and Mackenzie Heights to Public Hearing to consider rezoning from RS-1 to RS-5. The Public Hearing has been scheduled for October 8, 1996. At that time, Council also instructed staff to report any development applications to Council for possible withholding action pursuant to Section 570 of the Vancouver Charter. This section enables Council to withhold permits for 30 days for assessment and, following a subsequent report, a further 60 days pending conclusion of the rezoning process. The purpose of withholding action is to prevent development applications which are at variance or in conflict with a proposed zoning from being processed until the proposed zoning has been considered at a Public Hearing. However, because the proposed zoning has not been adopted by Council, the application must also conform with the existing zoning in order to be approved. In the event Council withholds issuance of a permit and the rezoning is ultimately refused, or approved to the extent that the permit withheld would comply, the City is liable for damages suffered by the owner. PROPOSED NEW DEVELOPMENT Staff have received an application to construct a new single-family dwelling under RS-1 at 2891 West 44th Avenue, submitted August 22, 1996. The site survey is dated January 15, 1996, which indicates the applicant intended to redevelop prior to Council's referral of the proposed rezoning to Public Hearing. Under the RS-5 District Schedule, applicants have the option of submitting their design for a discretionary design review in return for a floor area bonus or developing outright at a reduced floor area with no design review. The applicant for 2891 West 44th Avenue did not submit the information necessary for a design review analysis, and therefore, the application must be assessed as an outright application at a reduced floor area. The application does not conform with the following provisions of the RS-5 zoning: - outright above-grade floor area; - accessory building area; - accessory building width; and - front yard setback. The proposed development is seeking an above-grade floor space of 0.20 plus 1,400 sq. ft. Under the RS-5 zoning the above-grade floor area for an outright application is 0.16 plus 1,400 sq. ft. The proposed accessory building area is 992.78 sq. ft. while the permitted area under the RS-5 zoning is 913.63 sq. ft. The accessory building width also exceeds the permitted width by 4.84 ft. Finally, the front yard setback is not the average of the two adjacent properties which is required under the RS-5 zoning. Based on the non-conformance of the proposed development with proposed RS-5 zoning, staff recommend withholding issuance of the Combined Development and Building Permit for 30 days from the date of submission and for an additional 60-day period. CONCLUSION Staff conclude that Council should initiate 30-day withholding action on 2891 West 44th Avenue, expiring September 21, 1996, and for a further 60-day period, expiring November 22, 1996. If Council chooses not to withhold, B is submitted for consideration. * * *