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. * * *