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                                 POLICY REPORT
                           DEVELOPMENT AND PLANNING

                                             Date: October 22, 1996
                                             Dept. File No.  FAS


   TO:       Vancouver City Council

   FROM:     Director of Land Use and Development

   SUBJECT:  Proposed Rezoning of 4477-4679 Puget Drive

   RECOMMENDATION

        A.   THAT the  Director  of  Land  Use and  Development  convene  a
             meeting  to discuss  the development  potential under  current
             RS-1 zoning  regulations, with particular regard  to the front
             and rear yard regulations  and the implications of development
             on the existing streetscape character and resident views;

             FURTHER THAT the registered property owners of 4477-4679 Puget
             Drive and those  immediately across the lane  to the southwest
             be invited to this meeting;

             FURTHER THAT  the  Director of  Land  Use and  Development  be
             instructed to make application to rezone 4477-4679 Puget Drive
             from  RS-1 to an amended  RS-1 requiring a  greater front yard
             and lesser rear yard, if there appears to  be support for such
             a rezoning on the basis of the above-noted meeting;

             AND FURTHER  THAT this  application (if  made) be  referred to
             Public  Hearing   and  the  Director  of   Legal  Services  be
             instructed   to  prepare   the  necessary   by-law,  including
             Subdivision, Sign and Parking By-law consequential amendments.

        As  an alternative to the foregoing, the following is submitted for
        CONSIDERATION:

        B.   THAT  the Director  of Planning  be instructed to  continue to
             approve,  without  intervention,  development applications  in
             RS-1 areas which comply  with provisions of the  RS-1 District
             Schedule.

                                     - 2 -

   GENERAL MANAGER'S COMMENTS

        The  General  Manager of  Community  Services  shares the  dilemmas
        presented by the Director of Land Use and Development.  RS-1 zoning
        regulations  pertaining  to siting  of  development  allow (if  not
        encourage)  new development  that  is extremely  disruptive of  the
        established  streetscape   character  in  these   blocks  and   has
        significant view impacts on residents in existing, adjoining homes.
        However, an amended zoning,  even with outright siting regulations,
        will further add to the complexity of the City s regulatory system.
        Amended  siting regulations for these lands may also result in some
        increased view  loss for  residents on adjacent  upland properties.
        Furthermore, the current circumstances on these few blocks of Puget
        Drive might exist to  a similar (but perhaps lesser) degree on many
        other blocks in this vicinity and elsewhere in the city; others may
        request  similar  remedial zoning  consideration  and question  the
        priority attached to these few blocks of Puget Drive.

        Nonetheless,  I agree with the Director of Land Use and Development
        that  the   current  RS-1   siting  regulations   are  particularly
        unresponsive to the circumstances  on these blocks of Puget  Drive.
        Experience  gained in  addressing  this small  area  could be  very
        helpful should the City wish to consider similar anachronistic RS-1
        zoning situations.  On this basis, the General Manager of Community
        Services  RECOMMENDS approval of A, but submits B as an alternative
        for CONSIDERATION.

   COUNCIL POLICY

   There is  Council policy from both 1982 and  1985 when the issue of view
   protection  in  single-family  areas  was  first  considered  and  later
   re-visited.  The prevailing  policy, from 1985, is to  allow development
   that  complies  with zoning  regulations,  without  any intervention  by
   Planning staff, irrespective of the impacts of this development on views
   from surrounding homes.

   PURPOSE

   This report  outlines the physical, social and economic disruption posed
   by redevelopment on an incremental basis under outright approval of RS-1
   regulations for siting of  new dwellings on properties along  a specific
   portion of Puget Drive.

   BACKGROUND

   This report  is not  focused  solely on  view  protection in  RS-1  view
   sensitive areas.  To the extent  it does, the focus is on siting  of new
   development, not height, as was the issue in the early 1980s.

   View  blockage as a result  of new single-family  development under then
   existing  RS-1 zoning was a significant issue raised by Council in 1981.
   It was, however, only one of a number of issues in RS-1 areas, including
    Vancouver Specials ,  secondary suites,  subdivision of existing  lots,
   narrow  lots and  thin  houses, parking  access  from fronting  streets,
   etcetera.

   A number of these issues have been - or still are - the subject of staff
   and  Council  attention in  the years  since.   Many  have  been largely
   addressed (e.g.,  RS-1  categories   in the Subdivision  By-law, Parking
   By-law amendments  re: lane access  to off-street parking,  RS-1S zoning
   for  secondary suites).   Some are  still being  addressed, such  as the
   series  of RS-1 building envelopes, FSR and siting revisions in the late
   1980s, and neighbourhood specific single-family zoning reviews.  

   One issue that has not been further considered by Council in an explicit
   manner  is  private   property  view   blockage  through   single-family
   redevelopment  in   view-sensitive  areas.    Amendments  to  RS-1/RS-1S
   regulations in the late 1980s and early 1990s did reduce  the height and
   above-grade  size  of  new dwellings.    They  also  revised the  siting
   regulations by:

       amending the front and rear  yard requirements, resulting in deeper
        rear yards and garages at the rear of the property;

       instituting a building depth regulation; and

       making provision for front yard averaging but not at the expense of
        the rear yard and rear yard compatibility with adjacent dwellings.

   The provision  of a  rear yard  and rear  yard compatibility being  more
   important than  front yard  compatibility was  re-visited by  Council in
   1988 and confirmed.

   DISCUSSION

   Revisions to RS-1/RS-1S height regulations have addressed, somewhat, the
   view  impact issue  of new  single-family development  in view-sensitive
   areas.  However, the  siting of the building also  significantly affects
   views.   The  present building  envelope provisions  that  determine the
   siting  of new  RS-1/RS-1S dwellings  dictate that  front and  rear yard
   requirements are as follows:

       a  front  yard equal  to 20  percent and  a rear  yard equal  to 45
        percent of the site depth are required, with building depth limited
        to 35 percent of the site depth;
       front  yard averaging  is  required if  the 20  percent requirement
        would site  a dwelling more than 5 feet forward from the average of
        the dwellings on each side;

       front yard averaging may  require that a building be  sited further
        back  on its site  but the rear  yard may be reduced  to allow this
        only if it does not locate the new dwelling further back to provide
        a  rear yard  less than  the rear  yard provided  on either  of the
        adjoining properties; and

       if locating  the new dwelling further back on the site results in a
        permitted building depth of less than 35 percent of the site depth,
        then  the   building  is  permitted  to   extend  further  forward,
        irrespective  of front yard  averaging, to  provide the  35 percent
        site depth for building.

   The  foregoing ensures that rear yard compatibility is not sacrificed at
   the expense of front  yard compatibility (or the  35 percent site  depth
   for building), as confirmed by Council in 1988.

   The  provision of  usable rear  yards and  concerns about  new dwellings
   intruding  on the  privacy  of the  rear  yards of  its  neighbours, are
   adequately  addressed by the foregoing,  albeit at the  expense of front
   yard  compatibility   and  streetscape  character.    This   may  be  an
   appropriate trade-off  in most circumstances  but is problematic  in its
   impacts  when  the resultant  front  yard   incompatibility  results  in
   significant view impacts for  neighbouring development and a substantial
   disruption of the established streetscape character.

   In July  I was asked by a Councillor to  respond to a resident complaint
   about  a development permit  issued for 4667 Puget  Drive.  The combined
   development and  building  permit issued,  on an  outright basis  (i.e.,
   complying with  the above  noted  siting requirements)  permitted a  new
   dwelling to be constructed in a location approximately 25 ft. forward of
   the  house on the northeasterly side and 15  ft. forward of the house on
   the southeasterly side.

   In  spite of  Council s  prevailing 1985  policy  that the  Director  of
   Planning   approve,  without  intervention,  outright  RS-1  development
   applications,  I met  with this  permit holder,  his architect,  and the
   owners on  either side  of the  site.   Subsequently, the  permit holder
   voluntarily  agreed to site the new dwelling  11 ft. further back on the
   property,  even though  either of  the neighbouring properties  could be
   redeveloped on  an outright  approval basis  with new  dwellings located
   approximately  14 ft.  further forward  than  is his  new  dwelling.   I
   encouraged  this relocation by agreeing to relax the required rear yard,
   noting that the  owners of  adjacent properties were  prepared to  fully
   sacrifice   rear  yard  compatibility  if   the  front  yard  were  more
   compatible.

   Although the new  dwelling at 4667 Puget Drive has been  sited in a more
   compatible fashion  than required by  the RS-1 zoning,  neither adjacent
   property owner  is happy with the resolution.  The new dwelling is still
   14 ft.  further forward than the  house on the northeasterly  side and 4
   ft.  forward of the house  on the southeasterly  side, reducing the view
   from the southeasterly adjacent  home and, for it and  the northwesterly
   home,  creating  a  less  than  compatible  relationship  (see  letters,
   Appendix A).

   This recent  situation could occur elsewhere where  the historic pattern
   of homes  sited to take  advantage of the  view in a  neighbourly manner
   have  done  so in  a consistent  fashion  that would  not  be reinforced
   through outright redevelopment under existing RS-1 zoning.

   Staff  undertook a review of development on other Puget Drive properties
   in this area to see if there was a consistent pattern of building siting
   that is significantly inconsistent with what current zoning would allow.
   The properties  on the southwest side  of Puget Drive from  4477 to 4679
   all have dwellings located much further back (uphill) than would current
   RS-1  regulations.     Interestingly,   two  new  dwellings   have  been
   constructed under  permits where  the applicants voluntarily  sought and
   obtained rear yard variances via the Board of Variance in  order to site
   the  new dwellings further back to respect the streetscape character and
   equitably share the view with older adjacent homes on either side.























   Zoning Alternatives

   Consideration  of alternatives  to  current RS-1  regulations for  view-
   sensitive  properties is  relatively  straight forward  if the  historic
   pattern of development  remains intact.  Once disrupted by redevelopment
   under current zoning  regulations, equity issues become  more complex in
   considering alternate zoning:

       new   zoning  that   would  change   rear  yard   requirements  and
        compatibility in  order to  achieve front yard  setbacks consistent
        with  the historical siting of dwellings will make the new dwelling
        at 4667  Puget Drive non-conforming.   More  importantly, it  would
        preclude  each   of  its   neighbouring   properties  from   siting
        redevelopment  to  re-capture the  view, privacy  and compatibility
        lost when 4667 Puget was redeveloped;

       new zoning that would allow properties to redevelop consistent with
        the siting of  the new dwelling at 4667 Puget  Drive will result in
        incompatibility  with the dwellings on either side, and in so doing
        most likely irritate these neighbours; and

       leaving  the zoning as is  will likely result  in future discontent
        not  unlike that  related to 4667  Puget Drive.   In  addition, any
        owner/developer agreeing to  a greater front yard  than required in
        order  to  improve  neighbourliness  might  well  face incompatible
        development  on  a  neighbouring  site in  future  that  redevelops
        according to outright regulations.

   Given  these difficult issues, it is recommended that property owners of
   4477-4679  Puget Drive  be  invited  to  a  meeting  to  discuss  zoning
   alternatives  before doing  any further  technical  analysis.   Since an
   alternate zoning requiring  a greater  front yard and  lesser rear  yard
   will entail siting of new dwellings further back on these properties and
   therefore uphill,  this siting  may  have more  impact on  the views  of
   property owners  to the southwest, across  the lane to the  rear.  These
   owners should also be invited to the meeting.

   Any  discussion  of  zoning alternatives  could  result  in some  owners
   obtaining  development approval  under  current RS-1  regulations before
   they change.    Consequently,  timely  initiation  of  an  amended  RS-1
   rezoning application may be necessary  in order to avail Council  of the
   withholding  provisions pending  consideration of  new zoning  for these
   lands.

   There are undoubtedly other view sensitive private properties that would
   be  significantly impacted by the  siting of new  dwellings according to
   the  outright  provisions  of  the  RS-1/RS-1S  District  Schedule.    A
   comprehensive   review  to  identify  these,  and  subsequent  community
   discussions,  would require considerable staff resources and time.  This
   is not a current Planning Department work program item.  Furthermore, it
   could  be  advantageous  to  approach  this  on  an  incremental  basis,
   benefitting  from  the  experience  of  addressing  this issue  for  the
   properties at 4477-4679 Puget Drive.  Consequently, if Council  believes
   this issue  warrants further consideration, it is recommended that staff
   only pursue the matter  in terms of these Puget Drive properties.

   CONCLUSION

   Current  RS-1/RS-1S regulations  do not  encourage new  development that
   will  be  sited in  a  compatible manner  with what  exists  on adjacent
   properties.  While  sacrifice of  front yard compatibility  in order  to
   achieve a usable rear yard and maintain rear yard privacy for neighbours
   may be  appropriate in most  cases, it may  not be appropriate  where it
   significantly impacts views.   Alternate zoning that  places priority on
   front yard compatibility may be more appropriate in these circumstances.
   Staff believe this warrants  further consideration, using the properties
   at 4477-4679 Puget Drive as an initial focus.


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