Agenda – Board of Adjustment – March 15, 2017
PUBLIC HEARINGS
Item No. 10
Variance – 912 Dugas Street
(St. Boniface Ward)
File DAV 108386/2017C
WINNIPEG PUBLIC SERVICE RECOMMENDATION:
The Urban Planning Division recommends approval of the application to vary the "R2"
dimensional standards of Zoning By-Law No. 200/2006 as follows:
1.
for the establishment of two residential zoning lots to permit lot areas of 3564 square feet
(331.1 square metres) instead of 5000 square feet (464.5 square metres).
2.
for the construction of two-family dwellings on each lot to permit:
a.
b.
c.
a lot area per dwelling unit of 1782 square feet (165.55 square metres) instead of
2500 square feet (232.26 square metres).
on lot 7, an east side yard of 3 feet (0.91 metre) instead of 3.3 feet (1.0 metre).
on lot 8, a west side yard of 3 feet (0.91 metre) instead of 3.3 feet (1.0 metre).
Subject to the following condition(s):
1.
That, if any variance granted by this order is not established within two (2) years of the
date hereof, this order, in respect of that Variance shall terminate.
2.
That, no front driveway approach shall be permitted.
3.
That there shall be no new garages constructed attached to any principal dwelling on the
subject property.
4.
That, any principal dwelling located on the subject properties shall provide an entrance
on the building elevation facing the front yard.
5.
The Owner must submit plans showing the location and design of any and all proposed:







buildings;
accessory parking areas;
private approaches;
garbage enclosures;
fencing;
landscaping; and
free-standing signage
on the Owner’s Land (“Works”) to the City’s Director of Planning, Property and Development
(“Director”) for approval prior to the issuance of any building or development permit, and
thereafter must construct the Works in substantial conformance with the approved plans and
maintain the Works to the satisfaction of the Director.
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Agenda – Board of Adjustment – March 15, 2017
File:
DAV 108386/2017C
Applicant:
MX Homes Ltd. (Kathern Maes)
Premises Affected:
912 Dugas Street
Legal Description:
LOT 7/8 BLOCK 5 PLAN 1495 RCMP, hereinafter called “the
land”
Property Zoned:
“R2” – Residential Two-Family District
Nature of Application:
To vary the "R2" District Dimensional Standards of the Winnipeg
Zoning By-Law No. 200/2006 as follows:
1.
2.
Exhibits Filed:
1.
2.
3.
4.
5.
6.
7.
8.
9.
for the establishment of two residential zoning lots to
permit lot areas of 3,564 square feet (331.1 square metres)
instead of 5,000 square feet (464.5 square metres).
for the construction of two-family dwellings on each lot to
permit:
A.
a lot area per dwelling unit of 1,782 square feet
(165.55 square metres) instead of 2,500 square feet
(232.26 square metres).
B.
on lot 7, an east side yard of 3 feet (0.91 metre)
instead of 3.3 feet (1.0 metre).
C.
on lot 8, a west side yard of 3 feet (0.91 metre)
instead of 3.3 feet (1.0 metre).
Application dated February 10, 2017
Notification of Public Hearing dated February 23, 2017
Manitoba Status of Title 2879475/1, 2879473/1
Letter of authorization dated January 24, 2017 from
Damian Rakowski, 5170061 MB Ltd. to Kathern Maes,
Garry McBurney; MX Homes Ltd.
Surveyor’s Building Location Certificate and sketch dated
January 26, 2017
Confirmation from the Zoning and Permits Administrator
that the subject property may be posted in substitution for
newspaper advertising
Plans, Sheets 1 to 8 inclusive, for File DAV 108386/2017C
dated February 8, 2017
Report from the Urban Planning Division dated March 6,
2017
Inspection Report
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Agenda – Board of Adjustment – March 15, 2017
The Winnipeg Public Service to advise that all statutory requirements with respect to this
application have been complied with.
REPRESENTATIONS:
In Support:
In Opposition:
For Information:
For the City:
Moved by
That the report of the Winnipeg Public Service be taken as read.
Moved by
That the receipt of public representations be concluded.
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Agenda – Board of Adjustment – March 15, 2017
Moved by
That in accordance with Subsection 247(3) of The City of Winnipeg
Charter, the Variance,
(a)
is consistent
is not consistent
with Plan Winnipeg, and any applicable secondary plan;
(b)
does not create
does create
a substantial adverse effect on the amenities, use, safety and convenience of the adjoining
property and adjacent area, including an area separated from the property by a street or
waterway;
(c)
is
is not
the minimum modification of a zoning by-law required to relieve the injurious effect of
the zoning by-law on the applicant's property; and
(d)
is
is not
compatible with the area in which the property to be affected is situated.
Supporting Comments:
Moved by
That the recommendation of the Winnipeg Public Service be concurred in
/ not be concurred in and the Variance be approved / rejected.
Moved by
That the public hearing with respect to this application be concluded.
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Exhibit “8” referred to in File DAV 108386/2017C
ADMINISTRATIVE REPORT
Title:
DAV 17-108386\C – 912 Dugas ST
Issue:
For consideration at the public hearing for variances associated with a lot split to
create two zoning lots.
Critical Path:
Board of Adjustment as per the Development Procedures By-law and
The City of Winnipeg Charter.
AUTHORIZATION
Author
Division Head
Department Head
CFO
Simi Jerez
B. Smith
n/a
n/a
CAO
RECOMMENDATIONS
The Urban Planning Division recommends approval of the application to vary the "R2"
dimensional standards of Zoning By-Law No. 200/2006 as follows:
1.
for the establishment of two residential zoning lots to permit lot areas of 3564 square
feet (331.1 square metres) instead of 5000 square feet (464.5 square metres).
2.
for the construction of two-family dwellings on each lot to permit:
a. a lot area per dwelling unit of 1782 square feet (165.55 square metres) instead of 2500
square feet (232.26 square metres).
b. on lot 7, an east side yard of 3 feet (0.91 metre) instead of 3.3 feet (1.0 metre).
c. on lot 8, a west side yard of 3 feet (0.91 metre) instead of 3.3 feet (1.0 metre).
Subject to the following condition(s):
1) That, if any variance granted by this order is not established within two (2) years of the
date hereof, this order, in respect of that Variance shall terminate.
2) That, no front driveway approach shall be permitted.
3) That there shall be no new garages constructed attached to any principal dwelling on the
subject property.
4) That, any principal dwelling located on the subject properties shall provide an entrance
on the building elevation facing the front yard.
5) The Owner must submit plans showing the location and design of any and all proposed:

buildings;

accessory parking areas;

private approaches;
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
garbage enclosures;

fencing;

landscaping; and

free-standing signage
on the Owner’s Land (“Works”) to the City’s Director of Planning, Property and Development
(“Director”) for approval prior to the issuance of any building or development permit, and
thereafter must construct the Works in substantial conformance with the approved plans and
maintain the Works to the satisfaction of the Director.
REASON FOR THE REPORT
Variance applications require a public hearing as per The Development Procedures By-law No.
160/2011 and The City of Winnipeg Charter, section 249.
The report is being submitted for the Board of Adjustment’s consideration of the development
application at the public hearing.
IMPLICATIONS OF THE RECOMMENDATIONS
If the recommendations of the Urban Planning Division are concurred in, a building permit can
be issued.
FILE/APPLICANT DETAILS
FILE:
RELATED FILES:
COMMUNITY:
NEIGHBOURHOOD #:
DAV 17-108386\C
SUBJECT:
To vary the "R2" dimensional standards of Zoning By-Law No.
200/2006 as follows:
1. for the establishment of two residential zoning lots to permit lot
areas of 3564 square feet (331.1 square metres) instead of
5000 square feet (464.5 square metres).
2. for the construction of two-family dwellings on each lot to permit:
(a) a lot area per dwelling unit of 1782 square feet (165.55
square metres) instead of 2500 square feet (232.26 square
metres).
(b) on lot 7, an east side yard of 3 feet (0.91 metre) instead of
3.3 feet (1.0 metre).
(c) on lot 8, a west side yard of 3 feet (0.91 metre) instead of
3.3 feet (1.0 metre).
LOCATION:
912 Dugas ST
LEGAL DESCRIPTION:
LOT 7/8 BLOCK 5 PLAN 1495 RCMP
APPLICANT:
Kathern Maes
235 McPhillips ST Unit B
Winnipeg , Manitoba R2E 2K3
Riel Committee
5.511 - Maginot
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OWNER:
775 PLINGUET ST
Winnipeg , Manitoba R2J 0G3
HISTORY
N/A
DISCUSSION
CRITERIA FOR APPROVAL
Pursuant to Section 247(3) of The City of Winnipeg Charter, an application for a variance with
respect to a property may be approved if the variance:
(a)
is consistent with Plan Winnipeg and any applicable secondary plan;
(b)
does not create a substantial adverse effect on the amenities, use, safety and
convenience of the adjoining property and adjacent area, including an area separated
from the property by a street or waterway;
(c)
is the minimum modification of a zoning-by-law required to relieve the injurious effect of
the zoning by-law on the applicant's property; and
is compatible with the area in which the property to be affected is situated.
(d)
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SITE DESCRIPTION

The subject property is located on Dugas Street, in the Maginot neighbourhood of the St.
Boniface ward

The site is located within the Mature Communities Policy Direction under the Complete
Communities Direction Strategy.

The property is 66 feet by 108 feet deep 7,141 square feet and is zoned R2. The property
currently has a 660 square foot (1 storey) home built in 1947.
N
Figure 1: Aerial Photo of Subject Site and Surrounding Uses (flown 2016)
SURROUNDING LAND USE AND ZONING (See Figure 2)
North: Two-family and single family homes zoned R2
South: Two-family and single family homes zoned R2
East: Single family homes zoned R2
West: Single family homes zoned R2
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N
Figure 2: Zoning of the site and surrounding area
DESCRIPTION OF THE PROPOSED DEVELOPMENT

The applicant is proposing to split an existing zoning lot into two (2) 3,564 square feet
residential zoning lots.

The applicant intends to construct a one storey tall two-family dwelling with a raised
basement on each of the new lots.

The proposed lots are serviced by a back lane.
ANALYSIS AND ISSUES
COMPLETE COMMUNITIES DIRECTION STRATEGY

The subject property is classified as an “Area of Stability” Mature Communities Complete
Communities. Supporting Direction and Enabling Strategies for Areas of Stability include:
-
Support low to moderate change in low-density neighbourhoods through development
and redevelopment that is complementary to the existing scale, character, and built
form.
-
Promote the form of buildings and spaces that are sensitive to the community context
and address the transition between new and existing developments.
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-
Support Complete Communities by ensuring a diverse and high quality housing stock.
-
In order to meet the full life-cycle of housing needs within the community, promote a mix
of housing type and tenure, such as duplexes, low rise apartments, secondary suites,
semi-detached homes, and townhouses.
ZONING BY-LAW 200/2006

The Residential Two-Family (R2) district is intended to accommodate the development of
single- and two-family units and where appropriate limited multi-family units in lower density
neighbourhoods.

Section 137 of the zoning by-law prescribes the following dimensional standards for the “R2”
district:
ANALYSIS OF VARIANCES
Zoning Lot Area Variance

The Urban Planning Division is supportive of the proposed reduced zoning lot area to 3,564
square feet instead of 5,000 square feet because the Division typically looks to the
surrounding context of lot sizes on the same block. On the same block of Dugas, there are
several examples of lots sizes similar to the one proposed (898, 907,909,917,921/923,937
Dugas St.). At 921/923 Dugas Street there is a two-family dwelling on a similarly sized lot.
Lot Area per Dwelling Unit Variance

The Urban Planning Division is supportive of the proposed reduced lot area per dwelling unit
to 1,782 square feet instead of 2,500 given the reduced zoning lot area and the existing
context of the block.
Side yard variance

The Urban Planning Division is supportive of the east side yard variance of 3 feet on lot 7,
and the west side yard variance of 3 feet on lot 8, instead of the required side yard of 3.3
feet because:
-
The reduced side yards are between the two proposed two-family dwellings and
intended to reduce the impact on the adjoining single-family residences.
-
The interior side elevations between the two proposed residences have no balconies
and the design has minimized the amount of windows.
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COMPATIBILITY WITH THE SURROUNDING NEIGHBOURHOOD

The Complete Communities Direction Strategy encourages the intensification of land uses
within mature neighbourhoods when done in a context sensitive manner.

The Urban Planning Division is broadly supportive of infill development, as it minimizes the
spatial use of land and provides a wider range of housing options in the neighbourhood.

The proposed development will add to the existing housing stock within the neighborhood.

There are other two-family units within close proximity to the property.

The recommended conditions of approval associated with front driveway approaches,
attached garages and requiring an entrance on the front building elevation are included to
help ensure future development complements the reduced size of the new lot as well as is
compatible with the majority of the homes in the area.
PLAN APPROVAL CONDITION
Plan approval by the Director of Planning, Property and Development is recommended as a
condition of approval in order to review the cladding materials and colour renderings/elevations
proposed for the houses to ensure the development complements the existing character of the
street. It is also recommended to ensure that the houses have some distinguishing
characteristics that set them apart from one another avoiding a “cookie cutter” style of
development.
REASONS FOR RECOMMENDATIONS
In the context of Section 247(3), the Urban Planning Division recommends approval for the
following reasons:
(a)
is consistent with Plan Winnipeg and any applicable secondary plan;
In that, the application is consistent with the Complete Communities Direction Strategy,
which supports compatible, minor intensification in Mature Neighborhoods.
(b)
does not create a substantial adverse effect on the amenities, use, safety and
convenience of the adjoining property and adjacent area, including an area separated
from the property by a street or waterway;
In that, the proposed development will not cause and adverse effect on the use and
safety of adjoining properties.
(c)
is the minimum modification of a zoning-by-law required to relieve the injurious effect of
the zoning by-law on the applicant's property; and
In that, the variances as applied for will allow the applicant to introduce moderate
intensification on the subject property which is consistent with the Complete
Communities Direction Strategy.
(d)
is compatible with the area in which the property to be affected is situated.
In that, the building will have the look and feel of a single family residential home.
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CONSULTATION
In preparing this report there was internal consultation with: N/A
SUBMITTED BY
Department:
Division:
Prepared by:
Date:
File No.
Planning, Property and Development
Urban Planning
Simi Jerez
Monday, March 6, 2017
DAV 17-108386\C
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Exhibit “7” referred to in File DAV 108386/2017C
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