We are Listening. Public Hearing

Transcription

1 We are Listening. Public Hearing Tuesday, September 11, :00 PM Council Chambers 500 Railway St. Clandeboye, MB What is CU 27, 2018 about? This conditional use application seeks to allow a mobile home to be placed on the subject property in the AR Agricultural Restricted Zone and allow the Garden Suite use for the mobile home as one (1) additional temporary, detached, removable, selfcontained single family dwelling. Phone: (204) Fax: (204) info@rrpd.ca Website: redriverplanning.com For more information please contact the Red River Planning District. Red River Planning District Mon-Fri* 806-A Manitoba Ave., Selkirk 8:30AM-4:15PM *excludes all statutory holidays *Note: Property owners are responsible for notifying Tenants.

2 806-A Manitoba Avenue Selkirk, Manitoba R1A 2H4 Toll Free: Phone: Fax: CONDITIONAL USE FILE NO. 27, 2018 Date: August 22, 2018 File: CU 27, 2018 To: Council, R.M. of St Andrews Prepared by: Ingrid Zarichney, Community Planning Assistant From: Pawan Gill, B. Envd., MCP, Community Planner, Red River Planning District Location: Lot 2, Plan Civic: 493 Poplar Ave. (Roll No ) Zoning: AR Agricultural Restricted, R. M. of St. Andrews By-Law 4066 Purpose: This conditional use application seeks to allow a mobile home to be placed on the subject property in the AR Agricultural Restricted Zone and allow the Garden Suite use for the mobile home as one (1) additional temporary, detached, removable, self-contained single family dwelling. The applicant has submitted a letter of intent and site plans for this Conditional Use application (attached to Council Package). Background: The subject property is located on north side of Poplar Ave. and west side of Cheslock Place. The property is ~4.03 acres and has an existing house with an attached garage. The location of the Garden Suite (mobile home) is proposed to be placed behind the existing home on the subject property, which would be approximately 230 ft. from Poplar Avenue and approximately 50 ft. from Cheslock Place.. Analysis: The R.M. of St. Andrews Zoning By-law defines a Garden Suite as: one additional temporary, detached, removable, self-contained single family dwelling unit that may be placed on the same site as a permanent principal single family dwelling, provided it is in compliance with the regulations listed hereunder: Occupancy Occupancy shall be for an elderly parent(s) or other family member(s) who require or provide care and assistance from or for the occupants of the principal dwelling Applicants Only owner(s) or occupiers of the principal dwelling, with consent of owner(s), are permitted to place a temporary additional dwelling. Page 1 of 4

3 Area - minimum Garden suites will not be permitted on properties smaller than 512 m. 2. (5,500 ft. 2 ) Foundation As the additional dwelling is temporary in nature it shall be placed on pad and post foundation only Separation Minimum separation distance between detached buildings and the principal dwelling or temporary additional dwelling shall be 10 ft Size Temporary additional dwellings shall have a maximum size of 1,200 ft Yard Requirements Temporary additional dwellings shall comply with front, side and rear yard requirements for the principal dwelling Access Access to the temporary dwelling unit shall be provided by an existing driveway(s) Restriction by Caveat A caveat is to be placed on the subject property by the Municipality at the expense of the applicant, advising that the additional dwelling is temporary in nature and that it must be removed within 6 months upon cessation of occupancy for which it was intended. As per the applicant s letter of intent, proposal appears to meet all the conditions of Garden Suites. Being a residential use, the application appears to be compatible with the general nature of the surrounding area. There appears to be no known detrimental impacts to the health or general welfare of people living and working in the surrounding area. The applicant has indicated the size of the mobile home to be placed on the subject property would be approximately 1000 sq. ft. on temporary pad and post foundation. As well, the applicant has indicated the Garden is required for their 72 year old mother with severe arthritis. Please note, as a mobile home within the Agricultural Restricted Zone is currently listed a Conditional Use, Council will be considering the following for this Conditional Use application: 1) To allow a Garden Suite Use on the subject property. 2) To allow a mobile home as a Garden Suite on the subject property. As per the definition within the R.M. of St. Andrews Zoning By-Law, the mobile home must conform to the CAN/CSA-Z240 MH Series at the time of manufacture. This will have to be address at the building permit process stage with Red River Planning District. Options: Under Section 106(1) of The Planning Act, after holding the hearing, the board, council must make an order (a) rejecting the application; or (b) approving the application if the conditional use proposed in the application Page 2 of 4

4 (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, and (iii) is generally consistent with the applicable provisions of the development plan bylaw, the zoning by-law and any secondary plan by-law. Under Section 106(2) of The Planning Act, when approving an application for a conditional use, council may, (a) impose any conditions on the approval that it considers necessary to meet the requirements of clause (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 application as it is generally consistent with Section 106(1) of the Planning Act. Should Council approve a Conditional Use Order the following conditions of approval are recommended: 1. That Conditional Use approval be limited to place a mobile home on the subject property and use of the mobile home as a Garden Suite, as proposed within this application. Any changes in use for the mobile home will require a new conditional use approval; 2. Applicant / owner obtains all permits from Red River Planning District, R.M. of St. Andrews and Province of Manitoba, as required. 3. Applicant / owner complies with required conditions of Section 3.13 of R.M. of St. Andrews Zoning By-Law No Page 3 of 4

5 LOCATION MAP Illustrating Proposed Conditional Use Page 4 of 4

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