Agenda – Board of Adjustment – January 20, 2016
PUBLIC HEARINGS
Item No. 3
Variance – 5 St Vital Road
(St. Vital Ward)
File DAV 171423/2015C [c/r DCU 171416/2015C]
WINNIPEG PUBLIC SERVICE RECOMMENDATION:
The Urban Planning Division recommends approval of the application to vary the "R1-M"
District Dimensional Standards of the Zoning By-Law No. 200/2006 as follows:
1.
For the construction of a day care centre building to permit:
A.
B.
C.
D.
2.
a lot area of 6,200 square feet (576 square metres) instead of 20,000 square feet
(1,858.06 square metres).
an east side yard of 5.5 feet 3 feet (1.68 metres 0.91 metres) instead of 25 feet
(7.62 metres).
a west side yard of 5 feet (1.524 metres) instead of 25 feet (7.62 metres).
a rear yard of 22.5 feet (6.86 metres) instead of 25 feet (7.62 metres).
For the establishment of a parking area to permit:
A.
B.
C.
a parking space accessed directly from the public lane.
1 parking space instead of 3 parking spaces.
No drop-off/pick-up area.
Subject to the following condition(s):
1.
That if any Variance granted by the Order is not established within two (2) years of the
date thereof, the Order, in respect of that Variance shall terminate.
2.
That no fence shall be constructed along the shared property line between Lots 1 and 2
Plan 56477 WLTO.
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Agenda – Board of Adjustment – January 20, 2016
File:
DAV 171423/2015C
Applicant:
Gerald Korzeniowski
Premises Affected:
5 St Vital Road
Legal Description:
LOT 1 PLAN 56477, hereinafter called “the land”
Property Zoned:
“R1-M” – Residential Single Family Medium District
Nature of Application:
To vary the “R1-M” District Dimensional Standards of the
Winnipeg Zoning By-Law No. 200/2006 as follows:
1.
For the construction of a day care centre building to permit:
A.
a lot area of 6,200 square feet (576 square metres)
instead of 25,000 square feet (2,322.58 square
metres).
B.
an east side yard of 3 feet (0.91 metres) instead of
25 feet (7.62 metres);
C.
a west side yard of 5 feet (1.524 metres) instead of
25 feet (7.62 metres);
D.
a rear yard of 22.5 feet (6.86 metres) instead of 25
feet (7.62 metres).
2.
For the establishment of a parking area to permit:
A.
a parking space accessed directly from the public
lane;
B.
1 parking space instead of 8 parking spaces.
Exhibits Filed:
1.
2.
3.
4.
5.
6.
Application dated December 17, 2015
Notification of Public Hearing dated December 14, 2015
Manitoba Status of Title 2789764/1
Letters of authorization dated June 15 and November 12,
2015, from Candice Savage, Director of Little Saints
Learning Centre Inc., to Gerald Korzeniowski
Sketch of the subject property dated 2009
Confirmation from the Zoning and Permits Administrator
that the subject property may be posted in substitution for
newspaper advertising
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Agenda – Board of Adjustment – January 20, 2016
7.
8.
9.
10.
11.
12.
13.
Parking Lot Agreement dated October 27, 2015, between
the Anglican Church of Canada, Parish of St. Mary
Magdalene, within the Diocese of Rupert’s Land, and Little
Saints Learning Center Inc.
Plans, Sheet 1 dated November 24, 2015; Sheet 2 dated
December 16, 2015; and Sheets 3 to 8 inclusive dated
November 24, 2015, for File DAV 171423/2015C
Report from the Urban Planning Division dated
December 11, 2015
Inspection Report
Communication dated January 6, 2016, from the Chair,
Parish of St. Mary Magdalene Property Committee, and the
Director, Little Saints Learning Centre Inc., requesting
adjournment of the public hearing
Notice of adjournment dated January 8, 2016
Revised Report from the Urban Planning Division dated
January 13, 2016
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 – January 20, 2016
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 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 “13” referred to in File DAV 171423/2015C
REVISED ADMINISTRATIVE REPORT
Title:
DAV 15-171423\C – 5 St Vital Rd
Issue:
An application for consideration at the public hearing for variances associated with
a proposed day care centre.
Critical Path:
Board of Adjustment as per the Development Procedures By-law and
The City of Winnipeg Charter.
AUTHORIZATION
Author
Elise Finnigan
Division Head
B. Smith
Department Head
n/a
CFO
CAO
n/a
RECOMMENDATIONS
The Urban Planning Division recommends approval of the application to vary the "R1-M"
dimensional standards of Zoning By-Law No. 200/2006 as follows:
1) For the construction of a day care centre building to permit:
a. a lot area of 6,200 square feet (576 square metres) instead of 20,000 square feet
(1858.06 square metres).
b. an east side yard of 5.5 feet 3 feet (1.68 metres 0.91 metres) instead of 25 feet (7.62
metres).
c. a west side yard of 5 feet (1.524 metres) instead of 25 feet (7.62 metres).
d. a rear yard of 22.5 feet (6.86 metres) instead of 25 feet (7.62 metres).
2) For the establishment of a parking area to permit:
a. a parking space accessed directly from the public lane.
b. 1 parking space instead of 3 parking spaces.
c. No drop-off/pick-up area.
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.
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2) That no fence shall be constructed along the shared property line between Lots 1 and 2
Plan 56477 WLTO.
REASON FOR THE REPORT
• The applicant is proposing to construct a daycare centre on the site, which is zoned R1-M,
and requires a number of variances.
• 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, the applicant will
be granted the requested variances as amended.
FILE/APPLICANT DETAILS
FILE:
RELATED FILES:
COMMUNITY:
NEIGHBOURHOOD #:
SUBJECT:
DAV 15-171423\C
DCU 15-171416/C
Riel Committee
5.512
To vary the "R1-M" dimensional standards of Zoning By-Law No.
200/2006 as follows:
1) For the construction of a day care centre building to permit:
a. a lot area of 6,200 square feet (576 square metres)
instead of 20,000 square feet (2322.58 square metres).
b. an east side yard of 5.5 feet 3 feet (1.68 metres 0.91
metres) instead of 25 feet (7.62 metres).
c. a west side yard of 5 feet (1.524 metres) instead of 25
feet (7.62 metres).
d. a rear yard of 22.5 feet (6.86 metres) instead of 25 feet
(7.62 metres).
2) For the establishment of a parking area to permit:
a. a parking space accessed directly from the public lane.
b. 1 parking space instead of 3 parking spaces.
c. No drop-off/pick-up area.
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LOCATION:
LEGAL DESCRIPTION:
5 St Vital RD
LOT 1 PLAN 56477
APPLICANT:
Gerald Korzeniowski
65 Swindon WAY Unit 2310
Winnipeg , Manitoba R3P 0T8
OWNER:
3 ST VITAL RD
Winnipeg , Manitoba R2M 1Z2
HISTORY
DCU 14-172789/C & DAV 14-109778/C
•
On April 9th, 2014, the Board of Adjustment concurred in the recommendation of the
Urban Planning Division and approved a Conditional Use on “the land” to permit the
maintenance of a place of worship use and a Variance for the establishment of two lots
and the maintenance of a place of worship on Proposed Lot 2 (3 St. Vital Road) to
permit a lot area of 16,045 square feet instead of 20,000 square feet subject to the
following conditions:
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 plans shall be submitted showing the location and design of fencing and
landscaping to the Director of Planning, Property, and Development for plan approval
and thereafter all to be maintained to the satisfaction of the Director of Planning,
Property, and Development.
3. That said fencing and landscaping shall be installed by August 31, 2017, or this
variance shall expire.
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
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(d)
is compatible with the area in which the property to be affected is situated.
SITE DESCRIPTION
•
The subject property is located on the north side of St. Vital Rd to the immediate west of St.
Mary’s Road, in the Norberry neighbourhood of the St Vital ward
•
The site is 6,200 square feet in area and is occupied by a 700 square foot single family
dwelling built in 1948.
•
The property is located within the Areas of Stability – Recent Communities policy area under
the Complete Communities Direction Strategy. The site is zoned “R1-M” Residential SingleFamily Medium.
N
Figure 1: Aerial Photo of Subject Site and Surrounding Uses (flown 2014)
SURROUNDING LAND USE AND ZONING (See Figure 2)
North: Public lane; then Norberry-Glenlee Community Centre zoned “R1-M” Residential
Single-Family Medium.
South: St. Vital Road; then single-family residential uses zoned “R1-M” Residential SingleFamily Medium.
East:
St. Mary Magdalene Church zoned “R1-M” Residential Single-Family Medium; then
public lane; then commercial uses zoned “C2” Commercial Community.
West:
Single-family residential uses zoned “R1-M” Residential Single-Family Medium.
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N
Figure 2: Zoning of the site and surrounding area.
DESCRIPTION OF THE PROPOSED DEVELOPMENT
•
The applicant is proposing to construct a day care centre on the site that is 3,100 square
feet in area.
•
The day care centre will accommodate 48 children and employ 10 full time staff members.
•
The proposed operating hours of the day care centre will be Monday to Friday from 7:00 am
to 5:30 pm.
•
The site includes a drop-off/pick-up area as well as three parking spaces in the rear yard.
•
In concurrence with this application, the applicant has also applied for a conditional use to
establish the day care use in the R1-M zone.
ANALYSIS AND ISSUES
COMPLETE COMMUNITIES DIRECTION STRATEGY
•
Under the Complete Communities Direction Strategy the proposed development is within
the Areas of Stability – Recent Communities policy area. Key relevant policies guiding
development within Areas of Stability include:
o
Support low to moderate change in low-density neighbourhoods through
development and redevelopment that is complimentary to the existing scale,
character and built form.
o Promote a quality public realm with a high level of accessibility to community
services and amenities and opportunities for gathering and social interaction.
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o
Support a mix of commercial services and employment uses that serve the local
community.
o Promote the form of buildings and spaces that are sensitive to the community
context and address the transition between new and existing developments.
ZONING BY-LAW 200/2006
Reason for the variances
•
The minimum lot area for non-residential structures in the R1-M zoning district is 20,000
square feet. The subject property is 6,200 square feet in lot area. As such, a variance is
required.
•
Non-residential structures in the R1-M zoning district require a minimum side yard of 25 feet.
The applicant is proposing an east side yard of 5.5 feet and a west side yard of 5 feet. As
such, variances are required.
•
Non-residential structures in the R1-M zoning district require a minimum rear yard of 25 feet.
The applicant is proposing a rear yard of 22.5 feet. As such, a variance is required.
•
Accessory off-street parking must be accessed via a parking driveway with a minimum width
of 8 feet. The applicant is proposing to access three (3) parking spaces directly from the
public lane. As such, a variance is required.
VARIANCE ANALYSIS
Substandard Lot Area
•
The Urban Planning Division is supportive of the variance for substandard lot area for the
following reasons:
o
The size of the lot is consistent with other lots on the subject block and the proposed
design for the day care centre is consistent in character and built form with existing
single-family residential development on the block;
o
The subject property is in close proximity to a Regional Mixed-Use Corridor (St.
Mary’s Road) where commercial uses and higher density residential are encouraged;
o
The subject property is abutting a property with a non-residential structure (i.e., the
church) in the R1-M zone;
o
All of the main commercial activities of the day care centre (i.e., drop-off/pick-up,
parking, main entrance) will take place on the side of the property abutting the
church or in the rear yard.
Reduced side yards
•
The Urban Planning Division is supportive of a west side yard of 5 feet noting the applicant
is proposing to plant a significant landscape buffer along the entire length of the western
property line. It is also noted the proposed height of the day care centre, at approximately
28 feet, is less than the permitted maximum height for a single-family house in the R1-M
zone which is 35 feet.
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•
The Urban Planning Division is supportive of an east side yard of 5.5 feet noting a nonresidential use (i.e., the church) is the neighbour to the east.
Reduced rear yard
•
The Urban Planning Division is supportive of the variance for a rear yard of 22.5 feet noting
it is a minor variance and the applicant is proposing a significant landscape buffer along the
property line abutting the single-family house to the west.
Parking accessed directly from the public lane
•
The Urban Planning Division is supportive of the proposal to access parking directly from
the public lane noting the public lane is shared with park space to the north and the variance
only applies to three parking spaces.
REASONS FOR RECOMMENDATIONS
In the context of Section 247(3), the Urban Planning Division recommends approval with
conditions for the following reasons:
(a)
is consistent with Plan Winnipeg and any applicable secondary plan;
In that, the Complete Communities Direction Strategy encourages a high level of
accessibility to community services within Areas of Stability.
(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, a significant landscape buffer is proposed along the western property line and
the main entrance to the day care centre as well as the drop-off/pick-up area will be
located on the east and north east sides of the building.
(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.
In that, the proposed design for the day care centre is consistent with existing singlefamily residential development on the block. The subject property is also abutting a nonresidential structure (i.e., the church) and is in close proximity to a Regional Mixed Use
corridor (St. Mary’s Road).
CONSULTATION
• In preparing this report there was internal consultation with: N/A
SUBMITTED BY
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Department:
Division:
Prepared by:
Date:
File No.
Planning, Property and Development
Urban Planning
Elise Finnigan
Wednesday, January 13, 2016
DAV 15-171423\C
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Exhibit “8” referred to in File DAV 171423/2015C
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15
16
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