CITY OF VANCOUVER

SPECIAL COUNCIL MEETING MINUTES

OCTOBER 9, 1997

A Special Meeting of the Council of the City of Vancouver was held on Thursday, October 9, 1997, at 7:30 p.m., in the Council Chamber, Third Floor, City Hall, for the purpose of holding a Public Hearing to consider proposed amendments to the Heritage By-law.

PRESENT: Mayor Philip Owen

Councillor Don Bellamy

Councillor Nancy A. Chiavario

Councillor Alan Herbert

Councillor Lynne Kennedy

Councillor Daniel Lee

Councillor Sam Sullivan

ABSENT: Councillor Jennifer Clarke (Leave of Absence)

Councillor Don Lee (Leave of Absence)

Councillor Gordon Price (Sick Leave)

Councillor George Puil

CLERK TO THE

COUNCIL: Tarja Tuominen

COMMITTEE OF THE WHOLE

MOVED by Cllr. Bellamy,

SECONDED by Cllr. Kennedy,

THAT this Council resolve itself into Committee of the Whole, Mayor Owen in the Chair, to consider proposed amendments to the Heritage By-law.

- CARRIED UNANIMOUSLY

1. Heritage Designation: 907-935 Denman Street

(Bay Theatre Building)

An application by The Amadon Group/Hewitt Tan Kwasnicky Architects was considered as follows:

The proposed development would:

-designate the former Bay Theatre at 907-935 Denman Street, listed on the "C" evaluation category on the Vancouver Heritage Register;

-ensure the protection of the building from inappropriate alterations and demolition in the future;

-be in exchange for a relaxation of the maximum commercial floor space from 1.2 FSR (964 m² [10,375 sq.ft.]) permitted to 2.19 FSR (1,759 m² [18,939 sq.ft.]) proposed.

The Director of Community Planning on behalf of the Director of Land Use and Development recommended approval of the application.

Staff Comments

Bob Adair, Facilitator, Development Information & Application Centre, stated the designation of the Bay Theatre will preserve a well known landmark and change the use to retail and restaurant. The proposed floor space ratio of 2.19 for the development is less than the maximum allowable of 2.2. The existing scheme reduces the parking requirement over 50 percent. The report before Council refers to a relaxation in parking requirements; in fact, the parking requirement is reduced due to the change in use. In addition, the applicant proposes an increase in loading space of one, which will be located inside the building, and a provision for in-space garbage. Both will be located off the lane and are in response to concerns raised by area residents. Designation of the theatre will allow restoration of the building , including the tile work and upper floor windows. The original fabric awnings will be reproduced.

Staff reluctantly see no way to retain the mural located on the side of the building. It cannot be removed or moved. Retention of the mural, which was done in the last decade, would not be in character with the 1930's art deco style restoration of the building.

cont'd....

Clause No. 1 (cont'd)

Applicant Comments

Max Tomaszewski, applicant, advised the Amadon Group specializes in the restoration of heritage and quasi-heritage buildings in Vancouver and Victoria. The Group will give a meaningful contribution for the relocation of the existing mural or the recreation of another one. The mural is not congruent to the art deco building. The applicant will put in new art work in the building and proposes to commission an art deco etching onto the main entrance window. The neon marquee will be retained as history.

Summary of Correspondence

Council was advised one letter was received in support of the proposal and the heritage designation of the building.

Speakers

Mayor Owen called for speakers for and against the application.

Teresa Waclawik, artist, advised many people have contacted her to tell her they feel the mural is a landmark, and are in favour of keeping it. The people who signed petitions in favour of retaining the mural did not want to see the mural go, but also are tired of seeing other objects or buildings go. However, she does not want to repeat the mural at another location. The mural is site specific. If another location becomes available, she will be recreating something different.

Staff Closing Comments

Bob Adair confirmed any specific items worth preserving inside the theatre will be sent to the Archives.

Jacquie Forbes-Roberts, Director of Community Planning, advised a photo record of the mural will be included with the photo record of the interior of the building.

cont'd....

Clause No. 1 (cont'd)

MOVED by Cllr. Kennedy,

A.THAT the former "Bay Theatre" building, located at 907-935 Denman Street, listed on the Vancouver Heritage Register in the "C" evaluation category, be designated as a Protected Heritage Property;

FURTHER THAT, Council support a commercial floor space increase from 1.2 FSR to 2.19 FSR, as proposed in Development Application DE402324; and

B.THAT Council instruct the Director of Legal Services to bring forward for enactment an amendment to the Heritage By-law.

- CARRIED UNANIMOUSLY

RISE FROM COMMITTEE OF THE WHOLE

MOVED by Cllr. Bellamy,

THAT the Committee of the Whole rise and report.

- CARRIED UNANIMOUSLY

ADOPT REPORT OF COMMITTEE OF THE WHOLE

MOVED by Cllr. Bellamy,

SECONDED BY Cllr. Kennedy,

THAT the report of the Committee of the Whole be adopted, and the Director of Legal Services be instructed to prepare and bring forward the necessary by-law amendments.

- CARRIED UNANIMOUSLY

BY-LAWS

1. By-law to Designate Heritage Property

and to Amend By-law No. 4837, being the

Heritage By-law (907-935 Denman Street)

MOVED by Cllr. Bellamy,

SECONDED by Cllr. Kennedy,

THAT the By-law be introduced and read a first time.

- CARRIED UNANIMOUSLY

The By-law was read a first time and the Presiding Officer declared the By-law open for discussion and amendment.

There being no amendments, it was

MOVED by Cllr. Bellamy,

SECONDED by Cllr. Kennedy,

THAT the By-law be given second and third readings and the Mayor and City Clerk be authorized to sign and seal the By-law.

- CARRIED UNANIMOUSLY

The Special Council adjourned at 8:15 p.m.

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(c) 1997 City of Vancouver