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Agenda – City Centre Community Committee – February 5, 2013

PUBLIC HEARINGS Item No. 4 Variance – 956 Notre Dame Avenue (Daniel McIntyre Ward) File DAV 176016/2012D [c/r DAZ 240/2012]

WINNIPEG PUBLIC SERVICE RECOMMENDATION: The Urban Planning Division recommends approval, in part, of the application to vary the proposed "RMF-L" dimensional standards of Zoning By-Law No. 200/2006 as follows: 1. for the construction of a multi-family dwelling to permit: A. B. C. D. a lot area of 7500 square feet (696.88 square metres) instead of 20000 square feet (1,858.0 square metres); a west side yard of 6 feet (1.83 metres) instead of 12 feet (3.66 metres); an east side yard of 6 feet (1.83 metres) instead of 12 feet (3.66 metres); a west side yard of 1.8 feet (0.55 metres) instead of 12 feet (3.66 metres) to the landing;

2.

for the establishment of an accessory parking area to permit the following: A. B. C. D. 5 parking spaces instead of 22 spaces; open parking providing no west side yard instead of 8 feet (2.44 metres); parking directly from a public lane instead of an aisle-way or driveway; no accessible parking spaces instead of 1 accessible parking space;

3.

for the location of a garbage enclosure providing no west and south side yard instead of 8 feet (2.44 metres).

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. That the owner/developer submit a parking management plan to the Director of Planning, Property, and Development, which will lay out the terms and conditions of a car share program for the subject site. The parking management plan shall be approved prior to the issuance of any development permits.

2.

Agenda – City Centre Community Committee – February 5, 2013

File: Applicant: Premises Affected: Legal Description: Property Zoned:

DAV 176016/2012D David Penner Architect 956 Notre Dame Avenue Lot 125 Plan 2879 64 St Ja, hereinafter called “the land” “C2” Commercial Community Proposed “RMF-L” Residential Multi-Family Large Y22 To vary the proposed “RMF-L” dimensional standards of the Winnipeg Zoning By-law No. 200/2006 as follows: 1. for the construction of a multi-family dwelling to permit: A. a lot area of 7,500 square feet (696.8 square metres) instead of 20,000 square feet (1,858.0 square metres); a west side yard of 6 feet (1.83 metres) instead of 12 feet (3.66 metres); an east side yard of 6 feet (1.83 metres) instead of 12 feet (3.66 metres); a west side yard of 1.8 feet (0.55 metres) instead of 12 feet (3.66 metres);

Zoning Atlas Sheet: Nature of Application:

B. C. D.

2.

for the establishment of an accessory parking area to permit the following: A. B. C. D. 5 parking spaces instead of 22 spaces; open parking providing no west side yard instead of 8 feet (2.44 metres); parking directly from a public lane instead of an aisle-way or driveway; no accessible parking spaces instead of 1 accessible parking space;

3.

for the location of a garbage enclosure providing no west and south side yard instead of 8 feet (2.44 metres).

Agenda – City Centre Community Committee – February 5, 2013

Exhibits Filed:

1. 2. 3. 4. 5.

6. 7. 8. 9.

Application dated November 22, 2012 Notification of Public Hearing dated January 8, 2013 Manitoba Status of Title 2565848/1 Letter of authorization dated November 7, 2012 from Tali Zhiubritskaya, 545791 BC Ltd. to David Penner Architect Confirmation from the Zoning Development Administrator that the subject property may be posted in substitution for newspaper advertising Drawing of subject property Plans, Sheets 1 and 2, for File DAV 176016/2012D dated November 20, 2012 Report from the Urban Planning Division dated January 29, 2013 Inspection Report

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:

Agenda – City Centre Community Committee – February 5, 2013

Moved by Councillor That the report of the Winnipeg Public Service be taken as read.

Moved by Councillor That the receipt of public representations be concluded.

Moved by Councillor That the recommendation of the Winnipeg Public Service be concurred in / not be concurred in.

Moved by Councillor That criteria (a) to (d) of Subsection 247(3) of The City of Winnipeg Charter set out below, are / are not satisfied: (a) (b) 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.

(c)

(d)

Moved by Councillor That the public hearing with respect to this application be concluded.

Exhibit “8” referred to in File DAV 176016/2012D

ADMINISTRATIVE REPORT
Title: Issue: Critical Path:
DAV 12-176016/D - 956 Notre Dame AVE For consideration at the public Hearing for a Variance for DAV 12-176016/D 956 Notre Dame AVE City Centre Community Committee as per the Development Procedures By-law and The City of Winnipeg Charter.

AUTHORIZATION Author P. Regan n/a Department Head n/a CFO CAO

RECOMMENDATIONS The Urban Planning Division recommends approval, in part, of the application to vary the proposed "RMF-L" dimensional standards of Zoning By-Law No. 200/2006 as follows: 1) for the construction of a multi-family dwelling to permit: (a) a lot area of 7500 square feet (696.88 square metres) instead of 20000 square feet (1,858.0 square metres); (b) a west side yard of 6 feet (1.83 metres) instead of 12 feet (3.66 metres); (c) an east side yard of 6 feet (1.83 metres) instead of 12 feet (3.66 metres); (d) a west side yard of 1.8 feet (0.55 metres) instead of 12 feet (3.66 metres) to the landing; 2) for the establishment of an accessory parking area to permit the following: (a) 5 parking spaces instead of 22 spaces; (b) open parking providing no west side yard instead of 8 feet (2.44 metres); (c) parking directly from a public lane instead of an aisle-way or driveway; (d) no accessible parking spaces instead of 1 accessible parking space; 3) for the location of a garbage enclosure providing no west and south side yard instead of 8 feet (2.44 metres). 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. 2) That the owner/developer submit a parking management plan to the Director of Planning, Property, and Development, which will lay out the terms and conditions of a car share program for the subject site. The parking management plan shall be approved prior to the issuance of any development permits.

REASON FOR THE REPORT The Report is being submitted for the Committee’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, a development permit can be issued.

CONSULTATION In preparing this Report there was consultation with: N/A

SUBMITTED BY Department Division Prepared by Date: File No. Planning, Property and Development Urban Planning Michael Robinson, AICP, MCIP January 29, 2013 DAV 12-176016/D

APPENDIX ‘A’ DATE: January 29, 2013 FILE: DAV 12-176016/D RELATED FILES: DAZ 240/2012 COMMUNITY: City Centre Community NEIGHBOURHOOD #: 1.108 SUBJECT: To vary the proposed "RMF-L" dimensional standards of Zoning By-Law No. 200/2006 as follows: 1) for the construction of a multi-family dwelling to permit: (a) a lot area of 7500 square feet (696.8 square metres) instead of 20000 square feet (1,858.0 square metres); (b) a west side yard of 6 feet (1.83 metres) instead of 12 feet (3.66 metres); (c) an east side yard of 6 feet (1.83 metres) instead of 12 feet (3.66 metres); (d) a west side yard of 1.8 feet (0.55 metres) instead of 12 feet (3.66 metres) to the landing; 2) for the establishment of an accessory parking area to permit the following: (a) 5 parking spaces instead of 22 spaces; (b) open parking providing no west side yard instead of 8 feet (2.44 metres); (c) parking directly from a public lane instead of an aisle-way or driveway; (d) no accessible parking spaces instead of 1 accessible parking space; 3) for the location of a garbage enclosure providing no west and south side yard instead of 8 feet (2.44 metres).

LOCATION: LEGAL DESCRIPTION: APPLICANT:

956 Notre Dame AVE LOT 125 PLAN 2879 64 ST JA David Penner David Penner Architect 120 YALE AVE WINNIPEG MB R3M 0L7 545791 B.C. LTD. 3148 TERRAVIEW CRT BURLINGTON ON L7M 1E9 CANADA Approval, in part, with conditions

OWNER:

RECOMMENDATION:

CRITERIA FOR APPROVAL Pursuant to Section 247(3) of the City of Winnipeg Charter, a Zoning Variance application can be approved for posters if the proposed development: (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, which is currently zoned “C2” Commercial District, is located on the south side of Notre Dame Avenue, between Banning and Burnell Streets, in the Daniel McIntyre neighbourhood of the Daniel McIntyre ward. North: South: East: West: Commercial uses zoned “C2” Commercial District Residences zoned “R2” Residential Two-Family District Multi-family building zoned “C2” Commercial District Church zoned “C2” Commercial District

DESCRIPTION OF THE PROPOSED DEVELOPMENT The applicant seeks approved to rezone the subject property in order to construct an 18 unit multiplefamily residential building on the subject property. Units are approximately 440 sf in area, all of which have mezzanines. The structure is 3 storeys tall and will include an elevator, exterior common corridors, and strorage modules. The site will be landscaped and will include parking for 5 vehicles and space for refuse containers. The property is currently developed with an old commercial building in front and a residence in the back. These structures will be demolished. In addition to the associated rezoning (DAZ 240/12), several variances are required in order to establish the use.

ANALYSIS AND ISSUES Lot area In this area, as in many inner city areas, the requirement for 20,000 sq ft (almost ½ acre) of lot area in “RMF-L” is difficult to achieve. For this reason, there will be circumstances in which it is appropriate to vary the standard, in order to accommodate new housing. Side yards In the “C2” Commercial District, no setback is required for commercial buildings. However, residential buildings require a setback – primarily to provide privacy and adequate sunlight into living spaces. Given the small size of buildable area on the lot, the proposed reduction in setback space is reasonable in order to promote infill development. It should also be noted that these setbacks are not continuous along the entire property line, but only apply to a portion of the building. For these reasons, it is recommended that the variances be approved. Parking The applicant has indicated that they will be entering into a partnership with Peg City Car Coop to provide a car share vehicle at the subject property. Although car share sharing programs come in a variety of forms, they essentially involve a number of people sharing the use of a vehicle.

Incorporating carshare programs into condo plans has already happened in cities such as Vancouver and Edinburgh, Scotland. It was also recently incorporated into zoning bylaws in several cities throughout North America. Here is Winnipeg, it was used to permit the condominium development at 511 River Avenue to proceed without the required number of parking stalls. The Public Service recommends that as a condition of approval, the applicant enter into a parking management plan which is an agreement between the City and the developer, which would lay out the terms and conditions of the car share program. The applicant has provided a letter of understanding from Peg City Car Coop, which is attached at Appendix A. Typical terms of agreement are shown in Appendix B. Given that a car share vehicle will be provided, and in light of the fact that the proposed development is located on a major transit route and is close to many amenities, the Division supports the reduction in parking. Open parking and parking directly from the lane These parking variances are minor and very common on smaller infill sites within the inner city. They are compatible with the area and will not have an adverse impact on adjacent properties. For these reasons, it is recommended that these variances be approved. Accessible Parking The applicant is providing one stall that will meet the accessibility requirements. Consequently, it is recommended that this variance be rejected. Garbage Enclosure The applicant is proposing to place their garbage enclosure at the bend on the back lane, against the west property line. The enclosure will abut the parking lot of the neighbouring property. In light of the fact that the site is narrow and has limited space for placement of the garbage enclosure and given that the garbage will be abutting a parking area, it will not have an adverse effect on adjacent properties and is compatible with the area. For these reasons, the Public Service recommends that the variance be approved.

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; (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.

RECOMMENDED CONDITIONS OF APPROVAL 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 the owner/developer submit a parking management plan to the Director of Planning, Property, and Development, which will lay out the terms and conditions of a car share program for the subject site. The parking management plan shall be approved prior to the issuance of any development permits.

This Report Submitted by: Planning, Property and Development Department Urban Planning Division Report Prepared by: Michael Robinson, AICP, MCIP PPD File # DAV 12-176016/D

Figure 1: Aerial Photo (Flown in 2012)

APPENDIX A Car Share Letter of Understanding

APPENDI X B Typical terms of car share agreement Parking Management Plan for 956 Notre Dame Avenue In lieu of providing the required parking for 956 Notre Dame Avenue, as specified by the City of Winnipeg Zoning By-law 200/2006, the property owner is entering into a parking management plan with the City of Winnipeg. The parking management plan is as follows: 1. A minimum of one (1) car share vehicles will be made available to residents of 956 Notre Dame (a) For the purpose of this plan, a car sharing program refers to a service that offers use of vehicles 24 hours a day, 7 days a week to its members, and charges the members for the time and/or miles. 2. Prior to receiving a temporary occupancy permit for 956 Notre Dame Avenue, the property owner/property management company will provide proof of insurance and vehicle title documents and/or vehicle lease agreements for the car sharing vehicles to the City of Winnipeg, to the satisfaction of the Director of Planning, Property, and Development 3. There must be reserved parking for each car sharing vehicle on site 4. Annual reporting of the car sharing service use is required. The report form must be submitted to the Director of Planning, Property, and Development once a year, starting one year after the certificate of occupancy for the building is issued. 5. In the event that the car sharing service ends, the property owner/property management company shall notify the Director of Planning, Property, and Development with a report identifying the deficiency in parking spaces as a result of the program ending, and plans to bring the building into compliance with parking requirements. There are several options to bring the property back into compliance, including: • • • Constructing additional parking spaces Entering into a shared parking agreement with an adjacent owner Requesting a new parking variance from the City

Signed

X________________________________________________ Owner of 956 Notre Dame Avenue X________________________________________________ City of Winnipeg

CAR-SHARING PARTICIPATION REPORT FORM
Report Date Development Project Name Address File No. Car Sharing Provider Report Date Development Project Name Address Car Sharing Provider
(property owner, property management company, contracted company)

Date Certificate of Occupancy Issued Date of Last Report
(if first annual report, indicate with n/a)

Number of Car Sharing Vehicles on-site and/or adjacent to Property
(first day of reporting year)

“ “ (as of report date) Number of Tenants who are members
(first day of reporting year)

“ “ (as of report date) Total Number of Tenants Vehicle Usage (indicate
mileage difference of car since first day of reporting year to report date)

Additional Information

Exhibit “7” referred to in File DAV 176016/2012D