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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