ADMINISTRATIVE REPORT
Date: June 19, 1997
Dept. File No.: HB
C.C. File: 5305
TO: Vancouver City Council
FROM: Director of Community Planning
SUBJECT: Possible Withholding Action for 4396 Locarno Crescent - West
Point Grey Interim Zoning Review Study Area
RECOMMENDATION
A. THAT Council instruct staff to process the Development Permit
Application for the proposed alterations at 4396 Locarno
Crescent in the normal manner.
Alternatively, the following is submitted for CONSIDERATION:
B. THAT in accordance with Council's instruction of April 22,
1997, to refer portions of West Point Grey to Public Hearing,
Council withhold for 30 days in accordance with the provisions
of Section 570(1) of the Vancouver Charter, the Development
Permit for the proposed addition at 4396 Locarno Crescent,
expiring July 2, 1997, and for a further 60-day period,
expiring August 31, 1997, for a total of 90 days from the date
of submission, pursuant to Section 570(2)of the Vancouver
Charter.
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 June 3, 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 rezoning for the
following areas to Public Hearing: Dunbar RS-1, a portion of West Point
Grey, and a portion of West Southlands to consider rezoning from RS-1 to
RS-5; a portion of Dunbar RS-1S and Douglas Park to consider rezoning
from RS-1S to RS-5S; and, a portion of West Southlands to consider
rezoning from RS-1 to RS-6. Following meetings held on May 29, 1997, and
June 3, 1997, the Public Hearing will reconvene on July 8, 1997. The
Public Hearing for West Point Grey has been scheduled for July 28, 1997.
At the time of referral, 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
On June 3, 1997, staff received an application to construct a renovation
and addition in the West Point Grey RS-1 area at 4396 Locarno Crescent.
The site survey is dated May 21, 1997. The application involves interior
and exterior alterations to add a second floor dormer and roof top
garden with access stairs.
1. RS-1 Conformity
The existing house does not conform to the front yard, rear yard,
building depth, and overall floor area regulations of the RS-1 District
Schedule as is common with many older houses. The proposed renovation
would further bring the house into non-conformity with the secondary
envelope and above-grade floor area regulations [a reduction of 33 m2
(355 sq.ft.) would be required to meet the floor area regulation].
The Director of Planning would consider relaxing the front yard, rear
yard and building depth regulations as existing non-conforming. It is
also within the discretion of the Director of Planning to relax the
secondary envelope to accommodate the roof deck. In considering this
relaxation, staff would typically notify neighbours because of the
possible impact of the proposed roof deck on privacy and views in this
view-sensitive area.
The applicant intends to apply to the Board of Variance for a relaxation
of the permitted above-grade floor area. The applicant is seeking to
exclude the floor area equivalent to that of the existing parking space
within the principal building. This would effectively reduce the
above-grade floor area to meet the current RS-1 maximum. Staff support
the application to the Board of Variance given the constraints of the
site. Secondary access to the lot is from Trimble Street and there is a
steep embankment at the rear of the site which would make alternate
locations for parking difficult.
2. RS-5 Conformity
With respect to the RS-5 zoning, applicants have the option of
submitting their design for a new house or renovation/addition for a
discretionary design review in return for a floor area bonus or
designing a renovation/addition outright (i.e., no design review) at the
same above-grade floor area as RS-1. The proposed above-grade floor area
is in excess of the RS-5 outright floor area maximum [0.20 FSR plus 130
m2 (1,400 sq.ft.)]. As well, the application is greater than the RS-5
conditional floor area [0.24 FSR plus 130 m2 (1,400 sq.ft.). The
applicant did not submit the information necessary for a design review
analysis, and therefore, the application has been assessed as an
outright application.
The existing house also does not conform to the front yard, side yard,
rear yard and building depth regulations of the RS-5 District Schedule.
As under the RS-1 District Schedule, the Director of Planning would
consider relaxing the front yard, side yard, rear yard, and building
depth as existing non-conforming. In addition, the proposed alterations
do not conform to the outright above-grade floor area [a reduction of 33
m2 (355 sq.ft.) would be required to meet the floor area regulation].
The floor area relaxation necessary under RS-5 would be considered under
the Board of Variance application.
Whether the development application is approvable or not depends largely
on the decision made by the Board of Variance. If the Board of Variance
grants the floor area relaxation, then the application would meet the
floor area requirements for an outright RS-5 application and would not
be subject to design review. The Director of Planning may then consider
the required yard and building depth relaxations. The relaxation for the
secondary envelope under RS-1 would depend on input received from
notifying the neighbours.
However, if the Board of Variance does not grant the relaxation, the
development application will be refused.
3. Other Considerations
In addition to the specifics of the development application, the timing
of the Public Hearing process for the West Point Grey area needs to be
considered. The Public Hearing is scheduled for July 28, 1997. If
Council does not make a decision at that time and should Council have
decided to withhold this application, it will be necessary to release
the application as the 90-day withholding will expire on August 31,
1997, prior to any possible subsequent Public Hearing date for West
Point Grey.
The results of a recent survey conducted jointly by the Planning
Department and the North West Point Grey Residents Association are also
important to note. The results indicate that the portion of West Point
Grey north of 4th Avenue between Blanca Street and Discovery Street
(where the subject site is located) would prefer to retain the current
RS-1 zoning given that the RS-5 zoning allows pitched roofs to be 1.5 m
(5 ft.) higher than under RS-1 which may impact views in this
view-sensitive area. The survey had a response rate of 47% with 88% of
respondents favouring retention of the RS-1 zoning.
Based on the fact that if the Board of Variance does not allow the floor
area relaxation, the application will be refused, the difficulties of
the timing of the Public Hearing process, and the recent survey results
staff recommend processing the Development Application under the RS-1
zone in the normal manner.
CONCLUSION
Staff conclude that Council should instruct staff to process the
Development Application for the proposed alternations at 4396 Locarno
Crescent in the normal manner as outlined under Recommendation item A.
Withholding would be initiated if Council chooses Consideration item B.
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