Agenda – Board of Adjustment – March 12, 2014
PUBLIC HEARINGS
Item No. 38
Variance – 398-402 Wardlaw Avenue
(Fort Rouge – East Fort Garry Ward)
File DAV 105105/2014C
WINNIPEG PUBLIC SERVICE RECOMMENDATION:
The Urban Planning Division recommends approval of the application to vary the "RMF-M"
Dimensional Standards of Zoning By-Law No. 200/2006 for the construction of a multi-family
dwelling and accessory parking area to permit as follows:
1.
a lot area per dwelling unit of 765 square feet (71.1 square metres) instead of 800 square
feet (74.3 square metres);
2.
a front yard of 20 feet (6.10 metres) instead of 32 feet (9.75 metres);
3.
a west side yard of 6 feet (1.83 metres) instead of 12 feet (3.66 metres);
4.
an east side yard of 6 feet (1.83 metres) 6.5 feet (1.98 metres) instead of 12 feet (3.66
metres);
5.
13 parking stalls instead of 16 parking stalls;
6.
parking directly off of a public lane instead of an aisle-way or driveway;
7.
parking stall widths ranging from 8.5 feet (2.59 metres) to 9.4 feet (2.87 metres) wide
adjacent to a fence or a wall instead of 10 feet (3.05 metres) wide;
8.
an aisle width of 19.4 feet (5.91 metres) instead of 20 feet (6.10 metres);
9.
for a fence or wall buffering an abutting residential district having a continuous
horizontal length of greater than 48 feet (14.63 metres).
subject to the following condition(s):
1.
That, if any variance granted by this order is not established within three (3) years of the
date hereof, this order, in respect of that Variance shall terminate.
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Agenda – Board of Adjustment – March 12, 2014
2.
That final plans, showing the location and details of buildings, landscaping, fencing,
signage, and garbage enclosures, shall be submitted to the Director of Planning, Property
and Development for approval prior to the issuance of any development or building
permits; and thereafter shall be maintained to the satisfaction of the Director of Planning,
Property and Development.
3.
That windows on the east side of the building shall be offset from windows of the
adjoining building to the east, to the satisfaction of the Director of Planning, Property,
and Development.
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Agenda – Board of Adjustment – March 12, 2014
File:
DAV 105105/2014C
Applicant:
Andre Silva
Premises Affected:
398-402 Wardlaw Avenue
Legal Description:
LOT 39 PLAN 27488 35/36 ST B
LOT 31 BLOCK 6 PLAN 208 31/5 ST B, hereinafter called
“the land”
Property Zoned:
“RMF-M” – Residential Multi-Family Medium District
Nature of Application:
To vary the "RMF-M" District Dimensional Standards of Zoning
By-Law No. 200/2006 for the construction of a multi-family
dwelling and accessory parking area to permit as follows:
1.
a lot area per dwelling unit of 765 square feet (71.1 square
metres) instead of 800 square feet (74.3 square metres);
2.
a front yard of 20 feet (6.10 metres) instead of 32 feet (9.75
metres);
3.
a west side yard of 6 feet (1.83 metres) instead of 12 feet
(3.66 metres);
4.
an east side yard of 6 feet (1.83 metres) instead of 12 feet
(3.66 metres);
5.
13 parking stalls instead of 16 parking stalls;
6.
parking directly off of a public lane instead of an aisle-way
or driveway.
7.
parking stall widths ranging from 8.5 feet (2.59 metres) to
9.4 feet (2.87 metres) wide adjacent to a fence or a wall
instead of 10 feet (3.05 metres) wide;
8.
an aisle width of 19.4 feet (5.91 metres) instead of 20 feet
(6.10 metres);
9.
for a fence or wall buffering an abutting residential district
having a continuous horizontal length of greater than 48
feet (14.63 metres).
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Agenda – Board of Adjustment – March 12, 2014
Exhibits Filed:
1.
2.
3.
4a.
4b.
5.
6.
7.
8.
Application dated February 19, 2014
Notification of Public Hearing dated February 24, 2014
Manitoba Status of Titles 2683135/1, 1820750/1
Letter of authorization dated October 2, 2013 from Nathan
and Linda Hiebert to Watling Henson Corporation
Letter of authorization dated January 15, 2014 from
Watling Henson Corporation to Andre Silva
Confirmation from the Zoning and Permits Administrator
that the subject property may be posted in substitution for
newspaper advertising
Plans, Sheets 1 to 6 inclusive, for File DAV 105105/2014C
dated February 10, 2014
Report from the Urban Planning Division dated February
27, 2014
Inspection Report
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:
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Agenda – Board of Adjustment – March 12, 2014
Moved by
That the report of the Winnipeg Public Service be taken as read.
Moved by
That the receipt of public representations be concluded.
Moved by
That the recommendation of the Winnipeg Public Service be concurred in
/ not be concurred in
Moved by
That criteria (a) to (d) of Subsection 247(3) of The City of Winnipeg
Charter set out below, are / are not satisfied:
(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
(d)
is compatible with the area in which the property to be affected is situated.
Moved by
That the public hearing with respect to this application be concluded.
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Exhibit “7” referred to in File DAV 105105/2014C
ADMINISTRATIVE REPORT
Title:
DAV 14-105105/C - 398-402 Wardlaw AVE
Issue:
For consideration at the public hearing for a variance for DAV 14105105/C - 398-402 Wardlaw AVE
Critical Path:
Board of Adjustment as per the Development Procedures By-law and The
City of Winnipeg Charter.
AUTHORIZATION
Author
B. Smith
Department Head
n/a
CFO
CAO
n/a
RECOMMENDATIONS
The Urban Planning Division recommends approval of the application to vary the "RMF-M"
dimensional standards of Zoning By-Law No. 200/2006 for the construction of a multi-family
dwelling and accessory parking area to permit as follows:
1) a lot area per dwelling unit of 765 square feet (71.1 square metres) instead of 800 square
feet (74.3 square metres);
2) a front yard of 20 feet (6.10 metres) instead of 32 feet (9.75 metres);
3) a west side yard of 6 feet (1.83 metres) instead of 12 feet (3.66 metres);
4) an east side yard of 6 feet (1.83 metres) 6.5 feet (1.98 metres) instead of 12 feet (3.66
metres);
5) 13 parking stalls instead of 16 parking stalls;
6) parking directly off of a public lane instead of an aisle-way or driveway.
7) parking stall widths ranging from 8.5 feet (2.59 metres) to 9.4 feet (2.87 metres) wide
adjacent to a fence or a wall instead of 10 feet (3.05 metres) wide;
8) an aisle width of 19.4 feet (5.91 metres) instead of 20 feet (6.10 metres);
9) for a fence or wall buffering an abutting residential district having a continuous horizontal
length of
greater than 48 feet (14.63 metres).
subject to the following condition(s):
1) That, if any variance granted by this order is not established within three (3) years of the date
hereof, this order, in respect of that Variance shall terminate.
6
2) That final plans, showing the location and details of buildings, landscaping, fencing, signage,
and garbage enclosures, shall be submitted to the Director of Planning, Property and
Development for approval prior to the issuance of any development or building permits; and
thereafter shall be maintained to the satisfaction of the Director of Planning, Property and
Development.
3) That windows on the east side of the building shall be offset from windows of the adjoining
building to the east, to the satisfaction of the Director of Planning, Property, and Development.
REASON FOR THE REPORT
The Report is being submitted for the Committee’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 development permit
can be issued.
CONSULTATION
In preparing this Report there was consultation with:
N/A
SUBMITTED BY
Department
Division
Prepared by
Date:
File No.
Planning, Property and Development
Urban Planning
Michael Robinson, AICP, MCIP
February 27, 2014
DAV 14-105105/C
7
APPENDIX ‘A’
DATE:
February 27, 2014
FILE:
DAV 14-105105/C
RELATED FILES:
DASSF 513/14
COMMUNITY:
City Centre Community
NEIGHBOURHOOD #:
1.111
SUBJECT:
To vary the "RMF-M" dimensional standards of Zoning By-Law No. 200/2006 for
the construction of a multi-family dwelling and accessory parking area to permit as follows:
1) a lot area per dwelling unit of 765 square feet (71.1 square metres) instead of 800 square
feet (74.3
square metres);
2) a front yard of 20 feet (6.10 metres) instead of 32 feet (9.75 metres);
3) a west side yard of 6 feet (1.83 metres) instead of 12 feet (3.66 metres);
4) an east side yard of 6 feet (1.83 metres) instead of 12 feet (3.66 metres);
5) 13 parking stalls instead of 16 parking stalls;
6) parking directly off of a public lane instead of an aisle-way or driveway.
7) parking stall widths ranging from 8.5 feet (2.59 metres) to 9.4 feet (2.87 metres) wide
adjacent to a fence or a wall instead of 10 feet (3.05 metres) wide;
8) an aisle width of 19.4 feet (5.91 metres) instead of 20 feet (6.10 metres);
9) for a fence or wall buffering an abutting residential district having a continuous horizontal
length of
greater than 48 feet (14.63 metres).
LOCATION:
LEGAL DESCRIPTION:
398-402 Wardlaw AVE
LOT 39 PLAN 27488 35/36 ST B
APPLICANT:
Andre Silva
535 INGERSOLL ST
WINNIPEG MB R3G 2J5
OWNER:
RECOMMENDATION:
Approval, as modified
CRITERIA FOR APPROVAL
Pursuant to Section 247(3) of the City of Winnipeg Charter, a Zoning Variance application can
be approved for posters if the proposed development:
(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
(d)
is compatible with the area in which the property to be affected is situated.
SITE DESCRIPTION
The subject property, which is zoned “RMF-M” Residential Multi-Family District, is located on
Wardlaw Avenue between Osborne and Scott Streets, in the Osborne Village neighbourhood of
the Fort Rouge – East Fort Garry ward.
North: Residences zoned “RMF-M” Residential Multi-Family District
South: Residences zoned “RMF-M” Residential Multi-Family District
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East: Residences zoned “RMF-M” Residential Multi-Family District
West: Residences zoned “RMF-M” Residential Multi-Family District
DESCRIPTION OF THE PROPOSED DEVELOPMENT
The applicant plans to consolidate 398 & 402 Wardlaw Avenue into one lot and to establish a 13
unit multi-family residence on the subject property.
Reason for application
The subject properties are zoned “RMF-M” Multi-Family District, which accommodates multifamily development as a permitted use. However, several variances are required to establish
the proposed building.
Lot area per dwelling unit
The applicant seeks a density that slightly exceeds the maximum density permitted in the “RMFM” Multi-Family Residential District. Consequently, a minor density variance is required.
Front yard setback
The front yard setback alignment for this block of Wardlaw Avenue is 32 feet. The applicant is
requesting a front yard of 20 feet. In light of this, a variance is required.
Side yard setbacks
The side yard setbacks required are 12 feet. The applicant is requesting side yards setbacks of
6 feet. For this reason, variances are required.
Parking stalls
The Winnipeg Zoning By-law required 1.2 parking stalls per unit within the urban infill area,
which includes Osborne Village. Based on the number of units being constructed, 16 parking
stalls are required. The applicant is intending to provide 13 parking stalls. Accordingly, a
variance is required.
Parking directly off the lane
The Winnipeg Zoning By-law does not currently permit parking directly off the lane. Several of
the parking stalls that will be developed take parking off the lane. For this reason, variances are
required.
Parking stall and aisle widths
Some of the parking stalls widths and aisle widths are slightly substandard.
Fence
The Winnipeg Zoning By-law requires fences abutting residential districts to include breaks a
minimum of once every 48 feet. The proposed fence does not have any breaks. Consequently,
a variance is required.
ANALYSIS AND ISSUES
Lot area per dwelling unit
The variance for lot area per dwelling unit is minor in nature. The Zoning By-law requires 800
square feet and the applicant is proposing 765 square feet per dwelling unit. This density
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amounts to 13 units and is consistent with other multi-family dwellings on this block of Wardlaw
Avenue, such as 388 and 395 Wardlaw Avenue.
Front yard setback
While some of the surrounding properties have large setbacks, adjacent multi-family properties
to the immediate east and across the street have setbacks of 20 feet or less. A 20 foot setback
is compatible with the street and will not have an adverse impact on adjacent properties.
Side yard setbacks
It is recommended that the side yard setback on the east side be increased to 6.5 feet and that
windows on the east side of the new building be offset from the adjoining residence to the east.
This increased side yard and offset windows are needed because the adjoining house is built
right on the property line.
Parking stalls
In Osborne Village, the Division has historically supported variances to allow one parking stall
per dwelling unit. This reduced parking level has been generally accepted by the community
and is intended to reflect the small lots and the pedestrian oriented character of the
neighbourhood as well as the high degree of transit usage in the community.
Parking directly off the lane
The Winnipeg Zoning By-law update, which will be going to Standing Policy Committee for
review in the coming months, includes a recommendation that parking directly off the lane be
permitted for multi-family residential development.
If this change is approved, a variance of this nature would no longer be required.
The proposed variance is compatible with the area and will not have an adverse impact on
adjacent properties.
Parking stall and aisle widths
The proposed variances are minor in nature, are the minimum modification of the By-law, are
compatible with the area, and will not have a substantial adverse impact on surrounding
properties. For these reasons, it is recommended that the variances be approved.
Fence
The applicant seeks approval to have a fence along the side property lines for privacy. This is
typical in a residential setting. Requiring a jog in the fence, as per the By-law, will not provide
any measureable benefit to either property owner. The final location and design of the fence will
be subject to plan approval. For these reasons, it is recommended that the variance be
approved.
REASONS FOR RECOMMENDATIONS
In the context of Section 247(3), the Urban Planning Division recommends approval, as
modified, for the following reasons:
(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;
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(c)
(d)
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.
RECOMMENDED CONDITIONS OF APPROVAL
1) That, if any variance granted by this order is not established within three (3) years of the date
hereof, this order, in respect of that Variance shall terminate.
2) That final plans, showing the location and details of buildings, landscaping, fencing, signage,
and garbage enclosures, shall be submitted to the Director of Planning, Property and
Development for approval prior to the issuance of any development or building permits; and
thereafter shall be maintained to the satisfaction of the Director of Planning, Property and
Development.
3) That windows on the east side of the building shall be offset from windows of the adjoining
building to the east, to the satisfaction of the Director of Planning, Property, and Development
This Report Submitted by:
Planning, Property and Development Department
Urban Planning Division
Report Prepared by: Michael Robinson, AICP, MCIP
PPD File # DAV 14-105105/C
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Figure 1: Aerial Photo (Flown in 2012)
Exhibit “6” referred to in File DAV 105105/2014C
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