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.

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