POLICY REPORT
                            BUILDING AND STRUCTURE

                                      Date: September 9, 1996
                                      Dept. File No.  RGL


   TO:       Vancouver City Council

   FROM:     Director of City Plans

   SUBJECT:  Heritage Revitalization Agreement for 1638 Marpole Avenue


   RECOMMENDATION

        A.   THAT Council authorize the City to enter into a Heritage
             Revitalization Agreement for the site at 1638 Marpole Avenue:
             to vary the Subdivision By-law to permit non-conforming
             parcels; to vary the maximum FSR of the First Shaughnessy
             Official Development Plan from 0.45 to 0.47 to permit
             construction of the new house as it has been designed under
             DE401296; to secure the preservation of the heritage building,
             listed in the "B" category on the Vancouver Heritage Register;
             and to commemorate it with a bronze heritage plaque;

        B.   THAT the Director of Legal Services bring forth the by-law to
             authorize the Heritage Revitalization Agreement.


   GENERAL MANAGER'S COMMENTS

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


   COUNCIL POLICY

   Council's Heritage Policies and Guidelines state that "buildings listed
   on the Vancouver Heritage Register have heritage significance, and that
   the City's long-term goal is to protect through voluntary designation as
   many resources on the Register as possible".

   PURPOSE

   The purpose of this report is to seek Council's approval of a Heritage
   Revitalization Agreement (HRA) to secure the conservation of this Tudor
   Revival - style house built in 1911   (listed in the "B" category on the
   Vancouver Heritage Register) by permitting site subdivision, and a floor
   space relaxation for the proposed new house.

   BACKGROUND

   The site is located on Marpole Avenue in the First Shaughnessy District
   (FSD) and comprises one legal parcel of 3417 m2/36,785 sq.ft. The
   property is a large estate and has an important heritage building and
   mature landscape features.

   A proposal (subdivision application and Development Application
   DE401296) has been submitted by John Hollifield, Architect, on behalf of
   Fred Moroz of Molnar Development(Shaughnessy)Ltd.  The proposal is to
   retain and restore the exterior of the heritage building and subdivide
   the site into two. The heritage building will remain as a single-family
   residence; a single-family dwelling will be built on the new lot. (See
   Appendix A for subdivision proposal; Appendix B for Development
   Application.)


   DISCUSSION

   Development Proposal

   The configuration of the requested subdivision (see Appendix A) has been
   proposed so that the heritage building occupies one parcel (Lot 2) and a
   new western parcel (Lot 1) created for a new single family dwelling. The
   parcels to be created do not meet the minimum width requirements of the
   Subdivision By-law, in the FSD but can be approved through a variance
   granted in a Heritage  Revitalization Agreement (HRA).  Section 592 of
   the Vancouver Charter allows for a HRA to vary a wide range of by-laws,
   including the Subdivision By-law. The issuance of a partial Development
   Permit will assure that the exterior restoration work is done to the
   heritage building, before construction of the new house begins.

   The Subdivision Approving Officer has granted preliminary approval to
   the proposed subdivision (Appendix A) subject to the requisite HRA being
   approved, amongst other conditions.  A development application,
   DE401296, for the design and siting of the new building, as well as the
   restoration of the exterior of the heritage building, has been approved,
   also subject to the HRA (Appendix B).  The recommended HRA will also
   have provisions that subsequent changes to the buildings be subject to a
   Heritage Alteration Permit (HAP).

   The FSR relaxation from 0.45 to 0.47 for the proposed new house is
   required because its  street-fronting garages are counted in the floor
   space calculation in the FSD. Due to the steep slope of the site,
   providing access to the garage from the  side or rear (which would thus
   exclude the garage area from the FSR) is impracticle.

   The HRA will also require replication of both the heritage building and
   the new house should they be damaged or destroyed.

   Heritage Value

   The house is a good example of the Tudor Revival style. Although the
   architect is unknown, it was built in 1911. It is listed on the
   Vancouver Heritage Register in the "B" category.  The property is the
   estate of John Hecht and was owned by his company  (Equitable Real
   Estate Investment) until its sale to Molnar Developments. The house is 2
   and 1/2 storeys high, has characteristic Tudor Revival detailing, with
   wooden clapboards and half timbering on the upper floor.  The site
   slopes steeply up to the south, with the house set in the far southeast
   corner of the lot. The estate features many notable landscape elements,
   including a stone wall along Marpole Avenue, and a terrace to the north
   of the heritage building.

   Compatibility of Conservation with Community Planning Objectives

   One of the goals of the First Shaughnessy Official Development Plan is
   "to promote conservation and restoration of meritorious pre-1940 homes
   and maintenance of the estate-like image of development in accordance
   with design guidelines adopted by Council". It also aims "to limit
   further subdivision to protect the character of the area".  While the
   latter is intended to discourage subdivision, staff and the First
   Shaughnessy Advisory Design Panel are supportive of this proposal
   because of the significance of this site and building.  Further, it is
   of note that the site has the potential for two infill dwellings under
   current FSODP provisions.  Staff are supportive of the current
   subdivision proposal, which would result in only one new building, as it
   better preserves the site's estate character.

   Compatibility of Conservation with Lawful Uses of the Property and
   Adjoining Lands

   The existing house is a single-family use, as will be the new dwelling. 
   Both are conditional uses of FSD.  As noted above, the new house as
   proposed requires a minor floor space relaxation.

   Condition and Economic Viability of the Property

   Overall, the building is in good condition.  Some restoration work is
   required to the exterior, primarily in the terrace railings and the
   entrance area.  The proposed subdivision, combined with the Heritage
   Revitalization Agreement, will ensure that the heritage house can be
   conserved.

   Support to Enable Conservation 

   The Manager of Real Estate advises that the subdivision does not provide
   an excess profit to the developer.  The price differential between the
   sale of the property as is (i.e., 3,417 m2/36,785 sq. ft. lot with
   existing house) and subdivision into two lots is far too small to make
   the retention of the existing house on its own  a viable proposition. 
   The market for such a large lot with an old house is very small compared
   to the market for lots in the 1400-1850 m2/15,000-20,000 sq. ft. range
   that permit construction of new houses, or for existing houses on
   smaller lots.  In conclusion, the applicant s costs and revenues are
   reasonable and we see no excess gain to be made by the developer by this
   subdivision.

   By signing the HRA the owner agrees that the opportunity to subdivide
   the lands as proposed and to construct the new house is full and fair
   compensation for the obligations on the owner by this agreement.

   COMMENTS OF THE FIRST SHAUGHNESSY ADVISORY DESIGN PANEL 

   The proposed subdivision and accompanying HRA were reviewed by the First
   Shaughnessy Advisory Design Panel on three occasions.  The Panel
   supports the proposed HRA and subdivision, noting the advantage of fewer
   buildings on the site than what is currently permitted under the ODP. 
   Concerns raised throughout the Panel's reviews were with regarding to
   the heritage building.  The Panel had concerns about the restoration,
   and maintenance of the heritage structure, and the timing of work for
   both buildings.  The Panel requested that the work on the heritage
   building be completed prior to commencing any work on the new building. 
   Additional concerns were regarding maintaining the appearance of one
   large estate lot irrespective of the new subdivided lot.  The common
   boundary line between both lots was requested to be left open and free
   of obstructions within the front yards of both dwellings.  The panel
   supported the design of the new building.

   Staff note that the issuance of a partial Development Permit will
   address the Panel's concern about the restoration work being done on the
   heritage building prior to commencement of construction of the new
   house.  In addition, the HRA restricts obstructions along the new
   property line thereby reinforcing the appearance of a single estate.

   CONCLUSION

   The conservation of this important building and estate in the First
   Shaughnessy District will be achieved by the proposal to subdivide the
   site with the design and siting of the new buildings controlled by the
   Development Application.  Both subdivision and DA approval are subject
   to the City entering into a Heritage Revitalization Agreement.

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