Agenda Board of Adjustment February 28, 2018 PUBLIC HEARINGS. Variance 1636 Logan Avenue (St. James - Brooklands - Weston Ward) File DAV /2018C

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1 Agenda Board of Adjustment February 28, 2018 PUBLIC HEARINGS Item No. 6 Variance 1636 Logan Avenue (St. James - Brooklands - Weston Ward) File DAV /2018C WINNIPEG PUBLIC SERVICE RECOMMENDATION: The Urban Planning Division recommends approval of the application to vary the "R2 PDO-1 Airport Vicinity Protection Area" dimensional standards of Zoning By-Law No. 200/2006 for the construction of a two family dwelling to permit a lot area per dwelling of 1,985 square feet (184.4 square metres) instead of 2,500 square feet (232.3 square metres). Subject to the following condition(s): 1) That, no front driveway approach shall be permitted. 2) That, there shall be no new garages constructed attached to any principal dwelling on the subject property 3) That, any principal dwelling located on the subject property shall provide an entrance on the building elevation facing the front yard. 4) That, for the development of any principal building, plans showing the location and design of proposed buildings, including elevations of the front façades identifying proposed finishing materials and colours of each dwelling, shall be submitted to the Director of Planning, Property and Development for plan approval prior to the issuance of any building or development permits, and thereafter all to be constructed to the satisfaction of the Director of Planning, Property and Development. 1

2 Agenda Board of Adjustment February 28, 2018 File: DAV /2018C Applicant: Premises Affected: Legal Description: Property Zoned: Nature of Application: Jesmen Syeda 1636 Logan Avenue LOT 20 PLAN A/11A ST J OTM, hereinafter called the land R2 PDO-1 Airport Vicinity Protection Area - Residential Two- Family Planned Development Overlay 1 Airport Vicinity Protection Area District To vary the R2 PDO-1 Airport Vicinity Protection Area District Dimensional Standards of the Winnipeg Zoning By-Law No. 200/2006 for the construction of a two family dwelling to permit a lot area per dwelling of 1,985 square feet (184.4 square metres) instead of 2,500 square feet (232.3 square metres). Exhibits Filed: 1. Application dated February 1, Notification of Public Hearing dated February 7, Manitoba Status of Title /1 4. Letter of authorization dated January 22, 2018 from Gargi Rooprai to Jesmen Syeda 5. Confirmation from the Zoning and Permits Administrator that the subject property may be posted in substitution for newspaper advertising 6. Plans, Sheets 1 to 5 inclusive, for File DAV /2018C dated January 30, Report from the Urban Planning Division dated February 15, Inspection Report 2

3 Agenda Board of Adjustment February 28, 2018 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. 3

4 Agenda Board of Adjustment February 28, 2018 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. 4

5 Exhibit 7 referred to in File DAV /2018C ADMINISTRATIVE REPORT Title: Issue: Critical Path: DAV \C 1636 Logan AVE For consideration at the public hearing for a variance associated with a two-family dwelling. Board of Adjustment as per the Development Procedures By-law and The City of Winnipeg Charter. AUTHORIZATION Author Division Head Department Head CFO CAO R. Hayer B. Smith (RPP) n/a n/a RECOMMENDATIONS The Urban Planning Division recommends approval of the application to vary the "R2 PDO-1 Airport Vicinity Protection Area" dimensional standards of Zoning By-Law No. 200/2006 for the construction of a two family dwelling to permit a lot area per dwelling of 1,985 square feet (184.4 square metres) instead of 2,500 square feet (232.3 square metres). Subject to the following condition(s): 1) That, no front driveway approach shall be permitted. 2) That, there shall be no new garages constructed attached to any principal dwelling on the subject property 3) That, any principal dwelling located on the subject property shall provide an entrance on the building elevation facing the front yard. 4) That, for the development of any principal building, plans showing the location and design of proposed buildings, including elevations of the front façades identifying proposed finishing materials and colours of each dwelling, shall be submitted to the Director of Planning, Property and Development for plan approval prior to the issuance of any building or development permits, and thereafter all to be constructed to the satisfaction of the Director of Planning, Property and Development. 5

6 REASON FOR THE REPORT This report provides information and makes recommendations regarding the subject application s compliance with The City of Winnipeg Charter. 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 proposal can proceed. FILE/APPLICANT DETAILS FILE: RELATED FILES: COMMUNITY: NEIGHBOURHOOD #: SUBJECT: LOCATION: LEGAL DESCRIPTION: APPLICANT: OWNER: DAV \C Assiniboia Committee (Weston) To vary the "R2 PDO-1 Airport Vicinity Protection Area" dimensional standards of Zoning By-Law No. 200/2006 for the construction of a two family dwelling to permit a lot area per dwelling of 1985 square feet (184.4 square metres) instead of 2500 square feet (232.3 square metres) Logan AVE LOT 20 PLAN A/11A ST J OTM Jesmen Syeda 7 Rooke AVE Winnipeg, Manitoba Gargi Rooprai 39 Condor PL Winnipeg, Manitoba R2R 1W2 6

7 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) (b) (c) (d) is consistent with Plan Winnipeg and any applicable secondary plan; 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; 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. SITE DESCRIPTION The subject site is located on the south side of Logan Avenue and the Weston neighbourhood of the St. James Brooklands Weston ward. The site currently encompasses a one storey single-family dwelling that was built in The property is 39.5 feet wide and approximately 100 feet deep, and has a total lot area of 3,972 square feet. The site is located within the Areas of Stability Mature Communities Policy Area under the Complete Communities Direction Strategy and in a "R2" Residential Two- Family District of Zoning By-law 200/

8 SITE Figure 1: Looking South. Aerial Photo of Subject Site and Surrounding Uses (flown 2016) SURROUNDING LAND USE AND ZONING (See Figure 2) North: Logan Avenue; then a community centre (Weston Memorial Community Centre & Rink) on land zoned R2 Residential Two-Family District. South: Public lane; then residential single-family uses zoned R2 Two-Family District. East: Single-family uses zoned R2 Residential Two-Family District. West: Single-family uses zoned R2 Residential Two-Family District. 8

9 SITE Figure 2: Zoning of the site and surrounding area. DESCRIPTION OF THE PROPOSED DEVELOPMENT The applicant is proposing to remove the existing single-family dwelling and construct a two-family dwelling (duplex). Two-family dwellings require a minimum lot area per dwelling unity of 2,500 square feet; the applicant is requesting a variance to permit a lot area per dwelling unit of 1,985 square feet. No other variances have been requested. The site plan submitted with the application shows that the dwelling would have side yards of 9.35 feet. A parking pad for two vehicles would be provided in the rear yard. A front yard alignment conducted in January, 2018 established the required minimum front yard at 20 feet for this property. 9

10 ANALYSIS AND ISSUES OURWINNIPEG OurWinnipeg is the City s development plan. The Key Direction of OurWinnipeg regarding Areas of Stability states: Enhance the quality, diversity, completeness and sustainability of stable neighbourhoods and expand housing options for Winnipeg s changing population. The proposed variance would comply with this Key Direction because it would facilitate a development that introduces new housing stock and increases the supply and variety of housing types in the neighbourhood, and enhances the quality and sustainability of the neighbourhood. It would also focus growth to an area well served by public transit and in close proximity to community facilities. COMPLETE COMMUNITIES Complete Communities is a Direction Strategy of OurWinnipeg that provides additional directions and policies on land use and development in the city. Section 04 of Complete Communities pertains to the Areas of Stability policy area. Several policies under Direction 1 of Section 04 pertain to the proposal. They are stated below: Support low to moderate change in low-density neighbourhoods through development and redevelopment that is complimentary to the existing scale, character and built form. Support Complete Communities by ensuring 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, townhouses. The proposed variances use would comply with the above noted policies for the following reasons: o o The subject area is characterized by a mix of residential single-family, two-family and multi-family uses in the immediate vicinity. Existing multi-family dwellings in close proximity include: 1574 Logan Avenue 4 dwelling units Logan Avenue 2 dwelling units. 287 Mckelvey Street 2 dwelling units. 291 Mckelvey Street 2 dwelling units. The proposed development would be located on a corridor (Logan Avenue) which has some commercial amenities and located near Winnipeg Transit bus stops with access to routes 19 and 26 providing public transportation to St. Boniface Hospital, Downtown, Red River College, Health Sciences Centre, Polo Park, and the Exchange District. 10

11 COMPATIBILITY AND ADVERSE EFFECT As stated above, the subject proposal would focus new housing growth to an area with municipal servicing and an existing mix of residential uses. Given that the proposal is also consistent with Complete Communities, the subject Variance would be compatible with the neighbourhood and would not have an adverse effect on it. INJURIOUS EFFECT AND MINIMUM MODIFICATION The subject variance is required to enable the proposed development because the R2 District requires a minimum lot area of 2,500 square feet. To the extent that the variance is consistent with Complete Communities, and is compatible with the surrounding area, suggests that the Zoning By-law has an injurious effect on the subject property and the proposed variance is the minimum modification required to relieve that effect. REASONS FOR RECOMMENDATIONS In the context of Section 247(3), the Urban Planning Division recommends approval for the following reasons: (a) (b) (c) (d) is consistent with Complete Communities Direction Strategy; In that, the Complete Communities Direction Strategies supports minor densification when done in a context-sensitive manner. 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 lot area per dwelling unit would be compatible with the surrounding neighbourhood and will not cause any adverse effect on amenities, use and safety of adjoining properties in the area. 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 variance will allow the applicant to introduce moderate intensification on the subject property which is consistent with the Complete Communities Direction Strategy. is compatible with the area in which the property to be affected is situated. In that, the proposal is consistent with existing established uses and the recommended conditions of approval will help to ensure future development is compatible with existing single family homes on the block. SUBMITTED BY Department: Planning, Property and Development Division: Urban Planning Prepared by: Rakvinder Hayer Date: Thursday, February 15, 2018 File No. DAV \C 11

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