We are Listening. Public Hearing

Transcription

1 We are Listening. Public Hearing Tuesday, August 8, :00 PM Council Chambers 500 Railway Ave. Clandeboye, MB What is VO 130, 2017 about? This variance seeks to allow a rear yard setback of 10 ft for a main building and both a front and corner side yard setback of 10 ft. for an accessory building in the SR Seasonal Residential Zone for a dwelling and garage to be placed. Phone: (204) info@rrpd.ca Website: For more information please contact the Red River Planning District. Red For River more Planning information District please contact Mon-Fri* the Red River 806-A Planning Manitoba District. Ave., Selkirk 8:30-4:15 *excludes Red River all statutory Planning holidays District Mon-Fri* 806-A Manitoba Ave., Selkirk 8:30-4:15 *excludes all statutory holidays

2 806 A Manitoba Avenue Selkirk, Manitoba R1A 2H4 Toll Free: Phone: Fax: Date: July 17, 2017 File: VO 130, 2017 To: Council, R.M. of St. Andrews From: Jennifer Lim, MCIP, RPP, Community Planner, Red River Planning District Location: 505 Hall Rd. The ELY 130 ft. PERP of all that portion of the SE 1/4 Sec EPM contained within the limits of Plan 2424 WLTO (Roll No ) Zoning: SR Seasonal Residential Zone, Rural Municipality of St. Andrews Zoning By-Law 4066 Variance Request Required Proposed 1 Main Building, Rear Yard 25 ft 10 ft 2 Accessory Building, Front Yard 75 ft. 10 ft 3 Accessory Building, Corner Side Yard 15 ft. 10 ft. Purpose: To allow a reduced rear yard setback for a main structure to be placed, and to allow reduced front and corner side yard setbacks to allow an accessory building to be placed in the SR Seasonal Residential Zone. A Site Plan and Letter of Intent are attached. Background: The property is an undeveloped corner lot in the community of Petersfield adjacent to Netley Creek. The applicant sought permits from the Red River Planning District. Permit application revealed that the Front Site Line is located adjacent to Murdock Rd, thereby rearranging the on-site yard requirements of the zoning by-law. The property is zoned SR Seasonal Residential. The lot has dimensions of approximately 90 ft. by 130 ft (approximately 15,000 square feet in area). The property has been recently surveyed to provide exact measurements. The applicant has also provided a detailed Geotechnical Engineer s report as part of permit application. Analysis: Murdock Rd provides launch access to Netley Creek, and does not provide through access north. As the by-law interprets the front site line to be the narrowest, when there is a corner site line, Murdock Rd. becomes the front site line, even though the civic addressing is 505 Hall Rd. By definition, Hall Road is the corner site line. Further, the by-law provides a specializes front yard requirement in the SR zone for accessory uses when the rear site line abuts a creek. As Netley creek does not abut the rear site line and is abutting the side site line, the accessory buildings are not allowed to be 15 ft from the front site line, as provided under Table 14 Residential Bulk Table. Given that the applicant has provided a Geotechnical Engineer s report that coincides with the proposed development of the property, there does not appear to be any negative or detrimental impacts for the variance request. Drainage can be addressed through Lot Grading. The lots appear to contain approx % mature tree coverage. Page 1 of 3

3 Variances to allow reduced front and/or side site line setbacks have been granted to a couple properties in proximity, making the setback requests compatible with the general nature of the surrounding area. The application for variance approvals appears to be the minimum modification of the by-law to relieve an injurious effect. Options: Under section 97(1) of the Planning Act, on completion of the public hearing, Council may: (a) reject the requested variance; or (b) varying the application of specific provisions of the zoning by-law with regard to the affected property in the manner specified in the order if the variance (i) will be compatible with the general nature of the surrounding area, (ii) will not be detrimental to the health or general welfare of people living or working in the surrounding area, or negatively affect other properties or potential development in the surrounding area, (iii) is the minimum modification of a zoning by-law required to relieve the injurious affect of the zoning by-law on the applicant's property, and (iv) is generally consistent with the applicable provisions of the development plan by-law, the zoning by-law and any secondary plan by-law. Under section 98(1) of the Planning Act, in making a variance order under clause 97(1)(b) above, Council may: (a) impose any conditions on the applicant or the owner of the affected property that it considers necessary to meet the requirements of clause 97(1)(b); and (b) require the owner of the affected property to enter into a development agreement under section 150. Recommendation: Our office recommends approval of the variance request as it is generally consistent with Section 97(1) of The Planning Act. If Council wishes to approve this application, the following conditions should be attached: 1. This variance is limited to the 10 ft. rear yard setback to place a dwelling and limited to the 10 ft. corner side and front yard setbacks to place an accessory building, as proposed. Any changes in use and/or replacement may require a new variance approval; and 2. The applicant / owner applies for all required permits from the Red River Planning District office, from the Province, and from the Municipal Office. Page 2 of 3

4 Illustrating Proposed Variance: Page 3 of 3

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