LATE DISTRIBUTION
FOR COUNCIL SEPTEMBER 10, 1996
ADMINISTRATIVE REPORT A14
Date: September 6, 1996
Dept. File No.: PB
TO: Vancouver City Council
FROM: Director of Community Planning
SUBJECT: Possible Withholding Action for 2431 West 47th 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 2431 West 47th Avenue, expiring September 11, 1996 and for
a further 60-day period, expiring November 10, 1996, for a
total of 90 days from the date of submission, pursuant to
Section 570 (2)of the Vancouver Charter, unless within the
60-day period Council, having heard from the applicant,
resolved to instruct the Director of Community Planning to
issue the Combined Development and Building Permit.
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
2431 West 47th 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
joint development/building application received on August 13, 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 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 proposed rezoning.
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 2431 West 47th Avenue, submitted August 13, 1996.
The site survey is dated July 10, 1996, which indicates the applicant
intended to redevelop prior to Council's referral of the proposed
rezoning to Public Hearing.
Under the RS-1 District Schedule, the application meets all regulations,
subject to minor revisions.
Under the RS-5 District Schedule which may be adopted at the October 8,
1996 Public Hearing, 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. The applicant for
2431 West 47th Avenue did not submit the information necessary for a
design review analysis, and therefore, the application would be assessed
as an outright application at a reduced floor area.
Though the proposed FSR is within the RS-5 zone limits for an outright
application (0.16 x lot area + 130 m2), the application does not conform
with the following provisions of the RS-5 zoning:
front yard setback.
The front yard setback is not the average of the two adjacent properties
which is required under the RS-5 zoning. In order to comply with the
front yard averaging provision, the proposed building would need to be
moved back 1.1 m (3.75 ft.); however, this would then not comply with
the rear yard provisions of the current RS-1 zoning [i.e., the building
would project into the required rear yard 1.1 m (3.75 ft.)].
The only way for the proposal to meet the provisions of both the current
RS-1 and proposed RS-5 is to reduce the depth of the building by 1.1 m
(3.75 ft.). The applicant has chosen not to reduce the depth of the
proposed building.
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
2431 West 47th Avenue, expiring September 11, 1996 and for a further
60-day period, expiring November 10, 1996 as outlined under
Recommedation item A. Withholding will not be initiated if Council
chooses Consideration item B.
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