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.
* * * * *