SUPPORTS ITEM NO. 2
                                           P&E COMMITTEE AGENDA
                                           MARCH 13, 1997

                             ADMINISTRATIVE REPORT

                                           Date:  February 21, 1997
                                           Dept. File No.:  WJ
                                           CC File:  2609-1


   TO:       Standing Committee on Planning and Environment

   FROM:     Director of Community Planning

   SUBJECT:  Possible Withholding Action for 1604 East 13th Avenue
             - RT-4 and RT-5 Zoning Study Area


   RECOMMENDATION

        A.   THAT in accordance with  Council's instruction of November 26,
             1996 to refer the zoning amendments to RT-4 and RT-5 Districts
             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 1604  East 13th Avenue, expiring March
             16, 1997 and  for a  further 60-day period,  expiring May  15,
             1997, 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
             1604 East 13th 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 November  26, 1996, Council referred  some areas of RT-4  and RT-5 to
   Public Hearing  to consider amending  the RT-4  and RT-4N, and  RT-5 and
   RT-5N  Districts Schedule of the  Zoning and Development  By-law, and to
   add RT-4A, RT-4AN, RT-5A, RT-5AN to the District Schedule.  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 February 14, 1997.


   BACKGROUND

   In  May 1995,  in response  to a  history  of resident s  concerns, City
   Council approved undertaking  a survey  of owners and  residents in  the
   RT-4/4N and RT-5/5N Districts  of the city regarding whether  they would
   support  making  all one-  and  two-  family  dwellings conditional  and
   subject to the existing design guidelines.

   On November 26, 1996,  Council referred to Public Hearing  amendments to
   the RT-4/4N  and RT-5/5N District Schedule,  as well as the  addition of
   RT-4A/4AN,  and  RT-5A/5AN  Districts.  (The  Public  Hearing  has  been
   scheduled for March 25, 1997.)

   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 that, 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.

   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  outright
   two-family  dwelling, under  RT-5  at 1604  East 13th  Avenue, submitted
   February 14, 1997.

   Under the  proposed amendments  to the  RT-5/5N Districts  Schedule, all
   one- and two-family dwellings  would be conditional, and subject  to the
   existing  design  guidelines. While  the  applicant for  1604  East 13th
   Avenue did not submit all information necessary for a full design review
   enough is available for the application to be assessed for conformity.

   In  summary,  the  application  does  not  conform  with  the  following
   provisions of the RT-5 Guidelines:

            rear yard;
            roofs and chimneys;
            windows;
            entrances, stairs, and porches; and
            exterior walls and finishing.

   The  RT-5 Guidelines  limit  the projection  of buildings  beyond
   their   neighbours,  to   ensure  appropriate   relationships  to
   neighbours   existing  back  yards. Based  upon  the  information
   submitted, the proposed development would not conform.

   The Guidelines  also call for the architectural  character of new
   buildings to   fit into  the traditional character  of the  area.
   The proposed development does not  conform to these guidelines in
   most  respects, including:  roof pitch;  entry porch;  stairs and
   door;  window  size and  placement;  and  detailing and  cladding
   materials.

   Based  on the  non-conformance of  the proposed  development with
   proposed RT-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 1604 East  13th Avenue, expiring March 16, 1997 and for
   a  further  60-day period,  expiring May  15,  1997.   If Council
   chooses not to withhold, B is submitted for Consideration.


                 *   *   *   *   *