POLICY REPORT
                            BUILDING AND STRUCTURE

                                      Date: April 7, 1997
                                      Dept. File No. EGL/GMCG


   TO:       Vancouver City Council

   FROM:     Director of Land Use and Development

   SUBJECT:  Heritage Revitalization Agreement for
             2237-2239 East Pender Street

   RECOMMENDATIONS

        A.   THAT Council authorize the City to enter into a Heritage
             Revitalization Agreement for the site at 2237-2239 East Pender
             Street to allow an increase in the number of dwelling units
             permitted in this RS-1A zoned area and to allow three Artist
             Studios Class A without residential component, accessory to
             the principal dwelling, in the heritage barn; to secure the
             preservation of a 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; and

        C.   THAT the Director of Legal Services be directed to prepare a
             registered agreement to secure the prompt restoration of the
             heritage barn.

   GENERAL MANAGER'S COMMENTS

        The General Manager of Community Services RECOMMENDS approval of A,
        B and C.

   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) that would secure the conservation of
   this heritage barn.  This conservation would be accomplished by allowing
   a variance to the uses permitted by the Zoning and Development By-law
   for a RS-1A zoned site.   

   BACKGROUND

   The heritage barn is a secondary structure on this site and is currently
   approved as a Garage for use as parking and storage.  The principal
   dwelling, which has no heritage merit, is currently approved as a
   single-family dwelling. Development Application DE401332 was submitted
   by Charlotte Murray, Architect proposing the adaptive reuse of the barn
   and the conversion of the existing house into three units.  The
   application has been approved subject to certain conditions, one of
   which is a Heritage Revitalization Agreement between the City and the
   applicant.

                                   site map

   DISCUSSION

   Heritage Value

   The heritage building (1905 estimated construction date) is listed in
   the "B" category on the Vancouver Heritage Register.  Its interesting
   features include original drop wood siding and a boomtown type false
   facade. Its original use has not been established although it is
   presumed it was either a barn or a stable, and one theory is that it
   housed the neighbourhood fire hall horses.  Whatever its original
   purpose, it is an interesting use in a residential area suggesting an
   earlier land use pattern.

   Development Proposal and Zoning Variance

   The development application includes the restoration of the heritage
   barn and its conversion into three Artist Studios without residential
   component, accessory to the principal dwelling (see selected drawings in
   Appendix A).  The existing principal residential structure will also be
   retained and converted into three dwelling units.  

   The property is located in an area zoned RS-1A.  The intent of the RS-1A
   District Schedule is "to maintain the single family residential
   character of the District, but also to conditionally permit in some
   instances, one secondary suite or additional dwelling unit in a
   single-family residence".  This development application would therefore
   require variance to the RS-1A District Schedule to allow the accessory
   studio use in the heritage barn and to increase the number of dwelling
   units in the house from two permitted to three proposed.  A relaxation
   of parking to one small car stall instead of the required three is also
   requested.

   Section 592 of the Vancouver Charter provides for a conservation tool,
   referred to as the Heritage Revitalization Agreement (HRA).  The HRA
   allows variances to various by-laws including the Zoning and Development
   By-law. The recommended HRA would provide the aforementioned variances
   and secure the conservation of the heritage barn. It would also require
   the repair or replication of the barn in the event that it is damaged or
   destroyed. 

   In response to one neighbour's concern regarding the lack of parking,
   staff have required the applicant to provide one small car stall in the
   narrow opening between the existing house and the property line. To
   require more parking on site would cause parking in the front yard,
   which is not consistent with the street and the RS-1A open space
   character. The Director of Land Use and Development is able and prepared
   to relax the parking requirement. 

   Compatibility of Conservation with Community Planning Objectives

   Although the number of dwelling units that will be created by this
   development proposal exceeds, by one, the number of residential units
   allowed in a RS-1A district zone, staff supports the proposal because it
   will protect a heritage resource without adding to the existing built
   form on the site. 

   As a requirement in the development application process, 132 letters
   were sent on June 21, 1996 to neighbours within approximately one block
   radius of the subject property. Two responses were received: one
   indicated support and the other raised a concern about "not enough"
   parking on site, which is discussed above.

   Condition of the Property and Economic Viability of the Conservation

   The heritage building is in fair physical condition and requires
   restoration work.  This includes: refurbishing of the original wood
   siding, doors, windows and trim; repair and partial replacement of the
   roofing; structural and code upgrading; and reconstruction of the
   original barn doors.  A legal agreement between the City and the
   property owner will ensure the heritage barn is promptly restored.

   It is the opinion of the Manager of Real Estate Services that the
   applicant will not make an extraordinary profit from the proposed
   project.  His analysis indicates that the probable costs of the
   applicant s rehabilitation and retention of the heritage barn exceed the
   value of the benefits created by the zoning relaxations.

   Comments of the Vancouver Heritage Commission

   The Vancouver Heritage Commission, at its meeting on June 17, 1996,
   commended the applicant for her proposal. It also gave its support,
   under certain conditions, for the proposed relaxations with respect to
   use, floor space and setback. However, subsequent to this review, staff
   have determined that the floor space and setbacks noted in the
   Commissions resolution are existing non-conformities and do not require
   zoning by-law relaxations. 

   CONCLUSION

   The conservation of this "B" listed heritage barn will be achieved by
   the applicant s proposal to adapt and reuse it for three Artist Studios
   Class A without residential component, accessory to the principal
   dwelling and the latter s conversion into three dwelling units. One of
   the conditions for the development application approval is a Heritage
   Revitalization Agreement between the City and the owner. The agreement
   referred to in RECOMMENDATION C will ensure prompt restoration of the
   heritage building. 

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