ADMINISTRATIVE REPORT
Date: September 19, 1996
Dept. File No. HB
TO: Vancouver City Council
FROM: Director of Community Planning
SUBJECT: Possible Withholding Action for 2722 West 31st Avenue -
Mackenzie Heights Interim Zoning Review Study Area
RECOMMENDATION
A. THAT in accordance with Council's instruction of July 30, 1996
to refer Mackenzie Heights 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 2722 West 31st
Avenue, expiring October 3, 1996 and for a further 60-day
period, expiring December 2, 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
2722 West 31st 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 is to report for possible withholding a development
application received on September 3, 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 2722 West 31st Avenue, submitted September 3,
1996. Two site surveys have been submitted dated March 14, 1996, and May
14, 1996. The second survey was done after an abutting property had
removed an encroaching structure identified in the first survey. Both
surveys indicate 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 2722 West 31st 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;
- side yard setbacks; and
- front yard setback.
The proposed development is seeking an above-grade floor space of 0.20
plus 130 m2 (1,400 sq. ft.). Under the RS-5 zoning the above-grade
floor area for an outright application is 0.16 plus 130 m2 (1,400 sq.
ft.). With regard to the side yard setbacks, they do not meet the RS-5
minimum side yard requirement of 15 percent of lot width. Finally, the
front yard setback is not the average of the two adjacent properties on
each side as 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.
CORRESPONDENCE
Staff has received a petition in support of the applicant s request that
Council not withhold his application and that it be processed in the
normal manner under RS-1. The ten persons whose names appear on the
petition all reside on the 2700 block of West 31st Avenue.
CONCLUSION
Staff conclude that Council should initiate 30-day withholding action on
2722 West 31st Avenue, expiring October 3,1996 and for a further 60-day
period, expiring December 2, 1996. If Council chooses not to withhold,
B is submitted for Consideration.
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