Agenda – Board of Adjustment – May 17, 2017
PUBLIC HEARINGS
Item No. 16
Variance – Unaddressed lots on Flora Avenue between McGregor
Street and Andrews Street
(Mynarski Ward)
File DAV 123599/2017C
WINNIPEG PUBLIC SERVICE RECOMMENDATION:
The Urban Planning Division recommends approval of the application to to vary the Special
Boundary Conditions of Zoning By-Law No. 200/2006 for the establishment of 5 lots to permit
as follows:
1)
on Proposed Lot 1 and Lot 2:
a)
a lot area of 5054 square feet (469.5 square metres) instead of 5382.5 square feet
(500 square metres);
b)
a lot width of 34 feet (10.36 metres) instead of 38.4 feet (11.7 metres)
2)
on Proposed Lot 3:
a)
a lot area of 5207 square feet (483.7 square metres) instead of 5382.5 square feet
(500 square metres);
b)
a lot width of 36 feet (10.97 metres) instead of 38.4 feet (11.7 metres)
3)
on Proposed Lot 4 and Lot 5:
a)
a lot area of 4905 square feet (455.7 square metres) instead of 5382.5 square feet
(500 square metres);
b)
a lot width of 33 feet (10.06 metres) instead of 38.4 feet (11.7 metres)
Subject to the following condition(s):
1)
There shall be no garages constructed attached to any principal dwelling.
2)
That no front approaches shall be permitted.
3)
The height of principal buildings shall be limited to a maximum of 30 feet.
4)
That any principal dwelling located on the subject property shall provide an entrance on
the building elevation facing the front yard.
5)
That final plans showing the location and design of buildings, including building
elevations, site plans and floor plans shall be submitted to the Director of Planning,
Property and Development for plan approval prior to the issuance of any development or
building permits.
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Agenda – Board of Adjustment – May 17, 2017
File:
DAV 123599/2017C
Applicant:
Action Concrete Ltd.
Premises Affected:
Unaddressed lots on Flora Avenue between McGregor Street and
Andrews Street
Legal Description:
SP Lot 31-34 Plan 31675 WLTO IN RL 35 PARISH OF ST
JOHN, Lot 4 Bock 44 Plan 331 WLTO (W DIV) IN RL 35
PARISH OF ST JOHN, hereinafter called “the land”
Property Zoned:
“R2” – Residential Two-Family District
Nature of Application:
To vary the Special Boundary Conditions of the Winnipeg Zoning
By-Law No. 200/2006 for the establishment of 5 lots to permit as
follows:
1.
on Proposed Lot 1 and Lot 2:
A.
a lot area of 5,054 square feet (469.5 square metres)
instead of 5,382.5 square feet (500 square metres);
B.
a lot width of 34 feet (10.36 metres) instead of 38.4
feet (11.7 metres);
2.
on Proposed Lot 3:
A.
a lot area of 5,207 square feet (483.7 square metres)
instead of 5,382.5 square feet (500 square metres);
B.
a lot width of 36 feet (10.97 metres) instead of 38.4
feet (11.7 metres);
3.
on Proposed Lot 4 and Lot 5:
A.
a lot area of 4,905 square feet (455.7 square metres)
instead of 5,382.5 square feet (500 square metres);
B.
a lot width of 33 feet (10.06 metres) instead of 38.4
feet (11.7 metres).
Exhibits Filed:
1.
2.
3.
4.
5.
Application dated April 25, 2017
Notification of Public Hearing dated April 26, 2017
Manitoba Status of Titles 2886996/1, 2886997/1,
2886998/1, 2886999/1, 2887000/1
Letter of authorization dated March 27, 2017 from Paul
Philipchuk, Action Concrete Ltd. to Paul Philipchuk,
Action Concrete Ltd.
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 – May 17, 2017
Exhibits continued:
6.
7.
8.
Plans, Sheets 1 to 3 inclusive, for File DAV 123599/2017C
dated April 24, 2017
Report from the Urban Planning Division dated May 1,
2017
Inspection Report
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Agenda – Board of Adjustment – May 17, 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 – May 17, 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 “7” referred to in File DAV 123599/2017C
ADMINISTRATIVE REPORT
Title:
DAV 17-123599\C – Flora AVE
Issue:
For consideration at the public hearing for a variance to allow the establishment of
five residential 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
Noah Yauk
B. Smith
n/a
n/a
CAO
RECOMMENDATIONS
The Urban Planning Division recommends approval of the application to to vary the Special
Boundary Conditions of Zoning By-Law No. 200/2006 for the establishment of 5 lots to permit as
follows:
1) on Proposed Lot 1 and Lot 2:
a) a lot area of 5054 square feet (469.5 square metres) instead of 5382.5 square feet (500
square metres);
b) a lot width of 34 feet (10.36 metres) instead of 38.4 feet (11.7 metres)
2) on Proposed Lot 3:
a) a lot area of 5207 square feet (483.7 square metres) instead of 5382.5 square feet (500
square metres);
b) a lot width of 36 feet (10.97 metres) instead of 38.4 feet (11.7 metres)
3) on Proposed Lot 4 and Lot 5:
a) a lot area of 4905 square feet (455.7 square metres) instead of 5382.5 square feet (500
square metres);
b) a lot width of 33 feet (10.06 metres) instead of 38.4 feet (11.7 metres)
Subject to the following condition(s):
1) There shall be no garages constructed attached to any principal dwelling.
2) That no front approaches shall be permitted.
3) The height of principal buildings shall be limited to a maximum of 30 feet.
4) That any principal dwelling located on the subject property shall provide an entrance on the
building elevation facing the front yard.
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5) That final plans showing the location and design of buildings, including building elevations,
site plans and floor plans shall be submitted to the Director of Planning, Property and
Development for plan approval prior to the issuance of any development or building permits.
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, permits can be issued
for development on the proposed lots.
FILE/APPLICANT DETAILS
FILE:
RELATED FILES:
COMMUNITY:
NEIGHBOURHOOD #:
DAV 17-123599\C
DASSF 524/2017
Lord Selkirk - West Kildonan Committee
3.301
SUBJECT:
To vary the Special Boundary Conditions of Zoning By-Law No.
200/2006 for the establishment of 5 lots to permit as follows:
1) on Proposed Lot 1 and Lot 2:
a) a lot area of 5054 square feet (469.5 square metres) instead of
5382.5 square feet (500 square metres);
b) a lot width of 34 feet (10.36 metres) instead of 38.4 feet (11.7
metres)
2) on Proposed Lot 3:
a) a lot area of 5207 square feet (483.7 square metres) instead of
5382.5 square feet (500 square metres);
b) a lot width of 36 feet (10.97 metres) instead of 38.4 feet (11.7
metres)
3) on Proposed Lot 4 and Lot 5:
a) a lot area of 4905 square feet (455.7 square metres) instead of
5382.5 square feet (500 square metres);
b) a lot width of 33 feet (10.06 metres) instead of 38.4 feet (11.7
metres)
LOCATION:
LEGAL DESCRIPTION:
Flora AVE
LOT 31 PLAN 31675 35 ST J
APPLICANT:
625 DONALD RD
NAROL , Manitoba R1C 0C8
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OWNER:
ACTION CONCRETE LTD.
625 DONALD RD
NAROL , Manitoba R1C 0C8
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
(d)
is compatible with the area in which the property to be affected is situated.
SITE DESCRIPTION

The subject property is located on the south side of Flora Ave., between Andrews St and
McGregor St, in the Dufferin neighbourhood of the Mynarski ward.

The site is located in a Mature Community as designated by the Complete Communities
Direction Strategy.

The property is zoned “R2” Residential Two-Family District.

A corresponding short form subdivision (DASSF 524/17) is currently being reviewed to
reconfigure lot the lines of 5 existing lots to create new lots ranging between widths of 33
to 36 feet.

There are currently no dwellings located on any of the existing lots.

The proposed subdivision will create lot sizes that are more consistent with each other
and will better align with the “R2” Residential Two-Family District in terms of lot size.
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Subject Site
N
Figure 1: Aerial Photo of Subject Site and Surrounding Uses (flown 2016)
SURROUNDING LAND USE AND ZONING (See Figure 2)
North: Flora Ave. then a range of residential land uses, including single family homes and a
five unit multi-family building all zoned “R2” Residential Two-Family District.
South: A rear lane then a single-family residence and vacant all zoned “R2” Residential TwoFamily District.
East: Single and two-family homes zoned “R2” Residential Two-Family District.
West: Single-family homes zoned “R2” Residential Two-Family District.
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Subject Site
N
Figure 2: Zoning of the site and surrounding area.
DESCRIPTION OF THE PROPOSED DEVELOPMENT

The applicant wishes to readjust the lot lines of five consecutive lots on Flora Avenue
that will range in widths between 33 and 36 feet. Each lot proposed lot will be greater
than 5, 000 sq ft in size.

The applicant intends to construct single family dwellings on each lot.

Variances for lot width and lot area are required.
REASONS FOR APPLICATION
The applicant wishes to subdivide to realign the lot lines of five existing lots to create five lots
more uniform in size. As a result of the proposed subdivision, two types of variances are
required, one for lot area and one for lot width as per the Special Boundary Condition discussed
below:
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Special Boundary Condition
The Special Boundary Conditions in Zoning By-law 200/2006 states “if an undeveloped parcel of
land is located in the R1 or R2 districts, and abuts an existing R1 or R2 zoning district, or is
separated from an R1 or R2 zoning district by a street right-of-way, railroad right-of-way, or
waterway, the undeveloped parcel must not be subdivided unless the width / square footage of
the proposed lot(s) within 200 feet of the adjacent R1 or R2 zoning district is not less than the
average lot width / square footage of existing developed lots in residential use in the adjacent
R1 or R2 areas along such shared boundary, but in no case may be less than 35 feet.
Lot width
Based on the lot width calculation of the Special Boundary Condition the proposed lots are
required to be a minimum of 38.4 feet wide.

Variances are required because the lot widths proposed by the applicant range in
size from 33-36 feet.
Lot area
Based on the lot area calculation of the Special Boundary Condition the proposed lots are
required to be 5382.5 sq ft in size.

Variances are required because the lot sizes proposed by the applicant range
between 4905 and 5207 sq ft.
ANALYSIS AND ISSUES
COMPLETE COMMUNITIES DIRECTION STRATEGY

The subject property is located in a Mature Community.

Complete Communities states Mature Communities “present some of the best
opportunities to accommodate infill development, to increase housing choice and to
maximize the use of existing infrastructure.”

Areas of Stability / Mature Communities Direction 1 in Complete Communities states the
public service should “encourage conservation and upgrading of existing housing in
mature areas and expand housing opportunities through infill development.”

Areas of Stability / Mature Communities Direction 1 also says the public service should
support the subdivision of a parcel of land into two or more lots when it is done in a
context sensitive manner.
CITY OF WINNIPEG ZONING BY-LAW 200/2006
VARIANCES
Lot width
The Urban Planning Division typically supports short form subdivisions and their associated
variances if there is an example of the new lot size on the block where the subdivision is being
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proposed. It is noted there are several lots on this block of Flora Ave that are much smaller than
the lots being proposed. Examples include the six consecutive lots on the north side of Flora
(559-573) that are 25 feet wide as well as the lot abutting the subject lands to the west (568)
which is also 25 feet wide.
Lot area
As described above, the Urban Planning Division will support subdivisions where examples of
similar sized lots already exist on the subject block. Similar to lot width, there are several
examples of existing lot sizes on this block of Flora Ave that are much smaller in lot area than
the smallest lot (4905 sq ft) size being proposed. Examples include the six consecutive lots on
the north side of Flora (559-573) that range between 2700 and 2900 sq ft as well as the lot
abutting the subject lands to the west (568) which is 4100 sq ft in size.
The Urban Planning Division supports the above variances because the proposed lots are
consistent with the size of existing lots. The proposed subdivision is actually preferred over the
configuration of the existing lots because they will be more uniform in size, more reflective of the
“R2” dimensional standards and much easier to develop. It is noted that 2 of the existing lots are
only 25 feet wide. Making those lots wider is important because the lots are uncharacteristically
deep - 149 feet. From a built form perspective it will be much easier to develop on the
reconfigured lots than it would be to develop on the long narrow lots that are currently 25’ X
149’. It is also important to recognize that the five lots being created through this application is
same number of lots that existed prior to. The Urban Division is recommending some standard
conditions of approval meant to ensure that future development on the subject lands will be
consistent with form of development established in the neighbourhood.
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, proposed development is an example of context sensitive infill development
envisioned for Mature Communities as outlined in Complete Communities.
(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, proposed development creates the same number of lots that exists already and
their sizes are consistent with many of the lots on Flora Ave.
(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, subject variances enable the lots to better conform with the minimum lot are
requirement of their base “R2” Zoning District.
(d)
is compatible with the area in which the property to be affected is situated.
In that, the proposed lot sizes are consistent with neighbouring lots.
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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
Noah Yauk, MCP
May 1, 2017
DAV 17-123599\C
13
Exhibit “6” referred to in File DAV 123599/2017C
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15
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