SUPPORTS ITEM NO. 1
                                                PUBLIC HEARING AGENDA
                                                SEPTEMBER 26, 1995    
                                 POLICY REPORT
                           BUILDING AND DEVELOPMENT

                                           Date:  September 12, 1995
                                           Dept. File No. MDA/GMcG


   TO:       Vancouver City Council

   FROM:     Director of Land Use and Development

   SUBJECT:  Floorspace Relaxation and Heritage Designation -
             2836-2838 Birch Street (1299 West 13th Avenue) 


   RECOMMENDATION

        A.   THAT Council  supports a  floor space relaxation  of 375.0  m›
             (4,037  sq.ft.) from  1.72  FSR to  2.04  FSR as  proposed  in
             Development Application DE217803.

        B.   THAT  Council  approves  the  designation of  2836-2838  Birch
             Street, being listed on the Vancouver Heritage Register in the
             "B" evaluation category, as a Protected Heritage Property.

   GENERAL MANAGER'S COMMENTS

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

   COUNCIL POLICY

   Council  Policy on  heritage  designation states,  in  part, that  legal
   designation  will  be a  prerequisite to  accepting certain  bonuses and
   incentives.   Where  the increase  in  floor area   exceeds  10% of  the
   allowable, Council's approval is required.

   PURPOSE 

   This report seeks Council's support for  an increase in density at 2836-
   2838 Birch  Street in  exchange for  the  rehabilitation, upgrading  and
   heritage designation of the building as Protected Heritage Property.

   DISCUSSION

   Heritage Value

   There are currently two houses nearly identical on this site, which  are
   listed in  the B  category  on the  Vancouver  Heritage Register.    The
   northerly  of  the  two, and  the  one  retaining more  of  the original
   detailing, is to be retained and relocated to the southern
   half of the site.  The building dates from 1910 when it was built by the
   owner S.J. Stevens.  It is a good example of the Queen Anne style and is
   notable  for its large corner turrets, and a sizable central dormer; the
   lower storey is clad in siding and the upper storey in shingles.

   Compatibility with Community Planning Objectives

   The site  is located  on the  northeast corner of  West 13th  Avenue and
   Birch  Street in the Fairview Heights RM-3 Zoning District (see location
   plan, Appendix A).

   The  intent statement of  the RM-3 District  Schedule is  to "... permit

   medium  density residential  development, including  high-rise apartment
   buildings, and  to secure a  higher quality of  parking, open space  and
   daylight  access through floor area  bonus incentives.   While RM-3 does
   not  make  reference to  preservation  of  neighbourhood character,  the
   applicant  has  achieved  a  medium density  development  with  a  tower
   component while preserving an important heritage building.  Preservation
   of the existing building meets city-wide heritage objectives.

   Zoning Considerations

   The site is zoned RM-3 which permits 1.0 FSR outright and,  on this size
   site, a maximum 1.72 FSR  conditionally.  The proposal is to  retain and
   relocate  the  northerly   house  and  upgrade   it  to  building   code
   requirements.   This existing house will be rehabilitated and altered to
   contain four  dwelling units.   A new  eight storey building  with seven
   dwelling  units is  proposed for  the northern  part of  the site.   The
   proposal  requires relaxations  to  all yards,  vertical and  horizontal
   angles  of  daylight,  and the  floor  space ratio  as  outlined  in the
   following table:


                    Permitted       Proposed         Effective
                                                     (Proposed area
                                                     less covered
                                                     heritage porch
                                                     deck area)*
    Area (m›)       1,993.2         2,368.2          2,252.1

    Area (sq.ft.)   21,455          25,492           24,242

    F.S.R.          1.72            2.04             1.94
    Relaxation                      18.6%            12.8%

   *  RM-3 does not have a provision, as there is in some other zones where
   preservation is encouraged, to exclude the area of heritage porches from
   FSR  calculations.  The "effective" FSR  figures are presented to give a
   picture  of the  amount of  usable  interior floor  area which  is being
   bonused in this proposal.
   Council  approval  of the  relaxation to  the  FSR is  requested  by the
   applicant as the relaxation exceeds the maximum permitted on the site by
   more than  10%.  Other relaxations  can be supported by  the Director of
   Land  Use and  Development by  way of  Section 3.2.5  of the  Zoning and
   Development By-law.

   Condition and Economic Viability

   The building is in good condition and will be upgraded to meet Vancouver
   Building By-law requirements.

   Support Required to Enable Conservation

   The additional  floorspace, if approved, will  enable the rehabilitation
   and  designation  of  the building  to  occur.    Real Estate  Services'
   financial analysis of this heritage project supports the requested floor
   space relaxation of 375.0 m› (4,037 sq.ft.).

   The  property  owner  has submitted  a  letter  (on  file  with the  Law
   Department) accepting the  relaxations to the floor space  ratio, yards,
   and  vertical  and horizontal  angles of  daylight  to be  granted under
   DE217803  as just and fair compensation for the designation of 2836-2838
   Birch Street and waiving any future compensation demands.  Therefore, no
   additional support to achieve  appropriate conservation of this building
   is required.

   Notification

   The Director of Legal  Services has prepared the necessary  Heritage By-
   law amendments  and  requirements  have  been met  for  notification  as
   specified by the  Vancouver Charter.  As  a consequence of  the building
   being relocated  as  part  of this  development  application  the  civic
   address and legal  description of the  building will  change.  When  the
   building has been moved a housekeeping amendment will be brought forward
   to  Council to identify the building by  its new civic address and legal
   description.  This amendment will not require a Public Hearing.

   Comments of the Vancouver Heritage Commission

   The Vancouver  Heritage Commission  (VHC) considered the  rehabilitation
   proposal on August 21, 1995 and September 11, 1995 and resolved:

        THAT the Vancouver Heritage  Commission commends the applicants for
        its  continuing  research  and  development  and  cooperation  with
        heritage staff and the Commission;

        AND THAT the VHC, in light of the improvements to the architectural
        design  presented  at the  last meeting,  can  now support  the FSR
        relaxation as requested;
        FURTHER THAT the VHC supports the retention of the exterior surface
        materials of the building;

        AND FURTHER THAT the VHC supports the "replacement" of the windows,
        which should replicate the  original windows' material,  proportion
        and operation as closely as possible.

   CONCLUSION

   Council's  long-term  goal  is  to protect  heritage  resources  through
   designation.   The owners of 2836-2838  Birch Street have agreed  to the
   heritage  designation  of  the  building in  return  for  certain zoning
   relaxations.  These include  yard and vertical and horizontal  angles of
   daylight relaxations  and a  floor space  relaxation  of 375.0  m›(4,037
   sq.ft.) from  1.72 FSR to 2.04  FSR.  The proposed  designation of 2836-
   2838 Birch Street is  compatible with City-wide heritage  objectives and
   the zoning  for the site.  The owners have  agreed the retention  of the
   building  to be economically viable and  they have agreed that they will
   not  seek any compensation from the City  in the future.  Designation of
   the  building  will  ensure  that it  is  protected  from  inappropriate
   alterations or demolition in the future.

   Therefore,  it  is  recommended  that  Council  support  the  floorspace
   relaxation  and amend  Schedule A  of the  Heritage By-law  to designate
   2836-2838 Birch Street as a protected heritage property.

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