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. * * *