ADMINISTRATIVE REPORT
Date: July 17, 1997
Dept. File No.: HB
C.C. File No.: 2607
TO: Vancouver City Council
FROM: Director of Community Planning
SUBJECT: Possible Withholding Action for 4612 West 9th Avenue - West
Point Grey Interim Zoning Review Study Area
RECOMMENDATION
A. THAT Council instruct staff to
process the Combined Building
and Development Application for
the proposed development at
4612 West 9th Avenue 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 a portion 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
Combined Development and
Building Permit for the
proposed development at 4612
West 9th Avenue, expiring July
25, 1997, and for a further
60-day period, expiring
September 23, 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 a development application
received on June 25, 1997, for possible withholding.
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, 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 for West Point
Grey will convene on 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
Staff have received an application to construct a new single-family
dwelling under RS-1 at 4612 West 9th Avenue, submitted June 25, 1997.
The application meets all the regulations under the RS-1 District
Schedule.
Under the RS-5 District Schedule, applicants have the option of
submitting their design for a discretionary design review in return for
a floor area bonus, or developing outright (i.e., no design review) at a
reduced floor area. The applicant has submitted an application for an
outright development at a reduced floor area.
The only provision of the RS-5 zoning with which the application does
not conform is the required front yard. The applicant is proposing a
front yard of 7 m (23 ft.) (which meets the RS-1 front yard
requirement). The required front yard under RS-5 (calculated as the
average of the front yards of the two adjacent sites on each side of the
site) is 7.5 m (24.46 ft.). However, if the applicant were to increase
the size of the front yard by 0.5 m (1.46 ft.) to meet the RS-5
regulation, the house would then extend into the RS-1 required rear yard
by 0.5 m (1.46 ft.). The applicant did submit a letter of support signed
by surrounding property owners, although the two adjacent property
owners could not be reached by the applicant (the lot on one side is
vacant and the house on the other side is not owner-occupied).
Based on the general conformity of the proposed development with the
RS-1 and RS-5 District Schedules, the difficulty of meeting both the
RS-5 front yard requirement and the RS-1 rear yard requirement
simultaneously, and given the support of the surrounding neighbours,
staff recommend processing the Combined Building and Development
Application under the RS-1 zone in the normal manner.
CONCLUSION
Staff conclude that Council should instruct staff to process the
Combined Building and Development Application for the proposed new
development at 4612 West 9th Avenue in the normal manner as outlined
under Recommendation item A. Withholding would be initiated if Council
chooses Consideration item B.
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