ADMINISTRATIVE REPORT
Date: May 15, 1997
Dept. File No. HB
C.C. File: 2605-1
TO: Vancouver City Council
FROM: Director of Community Planning
SUBJECT: Possible Withholding Action for 3521 West 40th Avenue -
Dunbar RS-1 Interim Zoning Review Study Area
RECOMMENDATION
A. THAT in accordance with Council's instruction of April 22,
1997, to refer Dunbar RS-1 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 3521 West 40th
Avenue, expiring June 3, 1997, and for a further 60-day
period, expiring August 2, 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
3521 West 40th 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 April 22, 1997, Council referred Dunbar RS-1, a portion of West Point
Grey, and a portion of West Southlands to Public Hearing to consider
rezoning from RS-1 to RS-5, and referred a portion of Dunbar RS-1S and
Douglas Park to Public Hearing to consider rezoning from RS-1S to RS-5S,
and referred a portion of West Southlands to Public Hearing to consider
rezoning from RS-1 to RS-6. 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 of this report is to report for possible withholding of a
development application received on May 5, 1997.
BACKGROUND
On May 9, 1996, Council approved an Interim Zoning Review for RS-1 and
RS-1S areas. On April 22, 1997, Council referred Dunbar RS-1, a portion
of West Point Grey, and a portion of West Southlands to Public Hearing
to consider rezoning from RS-1 to RS-5, and referred a portion of Dunbar
RS-1S and Douglas Park to Public Hearing to consider rezoning from RS-1S
to RS-5S, and referred a portion of West Southlands to Public Hearing to
consider rezoning from RS-1 to RS-6. The Public Hearing has been
scheduled for May 29, 1997.
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 proposed rezoning.
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 3521 West 40th Avenue, submitted May 5, 1997. The
site survey is dated April 30, 1997.
Under the RS-1 District Schedule, the application generally meets all
regulations, subject to minor revisions.
Under the RS-5 district schedule, which may be adopted at the May 29,
1997 Public Hearing, 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. The applicant for
3521 West 40th Avenue did not submit the information necessary for a
design review analysis, and therefore, the application has been 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;
front yard setback; and
site impermeability.
The proposed development is seeking an above-grade floor space of 0.20
FSR plus 130 m2 (1,400 sq.ft.). Under the RS-5 zoning the above-grade
floor area for an outright application is 0.16 FSR plus 130 m2 (1,400
sq.ft.). Compliance with the outright RS-5 FSR would require a reduction
of 81.9 m2 (268.6 sq.ft.). The side yards setbacks do not meet the RS-5
minimum requirement of 15 percent of lot width. With regard to the front
yard setback, it is not the average of the two adjacent properties on
each side of the site which is required under the RS-5 zoning. In order
to comply with the front yard averaging provision, the proposed building
would need to be moved back 1.9 m (6.4 ft.); however, this would then
not comply with the rear yard provisions of the current RS-1 zoning
{i.e., the building would project into the required rear yard 1.9 m (6.4
ft.)]. Finally, the applicant has not provided any information on the
area of impermeable materials on the site, as required in the RS-5
District Schedule.
Based on the non-conformance of the proposed development with the
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.
CONCLUSION
Staff conclude that Council should initiate 30-day withholding action on
3521 West 40th Avenue, expiring June 3, 1997, and for a further 60-day
period, expiring August 2, 1997, as outlined under Recommendation Item
A. Withholding should not be initiated if Council chooses Consideration
Item B.
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