we are what is vo 47, 2021 about? listening

For more information please contact the Red River Planning District.

Red River Planning District Mon-Fri* 806-A Manitoba Ave., Selkirk 8:30-4:15

*excludes all statutory holidays

What is VO 47, 2021 about? This variance application is to increase the maximum permitted height (from 22 ft. to 24.2 ft.) and site coverage (from 10% to 15.6%), in order to allow for construction of a detached garage on the subject property in the “R” Residential Zone.

We are Listening.

Public

Hearing

Monday,

June 14, 2021

10:00 AM

Matlock Recreation Centre

77 Matlock Road

Matlock, MB

Phone:

(204) 482-3717

1-800-876-5831

Fax:

(204) 482-3799

E-Mail:

[email protected]

Website:

redriverplanning.com

Seating at the public hearing will be limited to accommodate social

distancing. We ask that you contact the municipal office by 4:30 p.m. on

Friday, June 11, 2021 at 204-389-4962 or <[email protected]> to register

your attendance so that we can ensure adequate physical distance seating.

Masks will be mandatory.

For more information please contact the Red River Planning District.

Red River Planning District Mon-Fri* 806-A Manitoba Ave., Selkirk, MB 8:30am-4:15pm

*excludes all statutory holidays Note: Property owners are responsible for notifying “tenants”

mailto:[email protected]

806-A Manitoba Avenue Selkirk, Manitoba R1A 2H4

Toll Free: 800-876-5831 Phone: 204-482-3717

Fax: 204-482-3799

Date: May 20, 2021 (updated May 27, 2021 to include comments from Manitoba

Infrastructure)

File: VO 47, 2021

To: Planning Commission, Village of Dunnottar

Prepared by: Ingrid Zarichney, Community Planning Assistant

From: David Paton, B EnvD, MUP, MCIP, RPP, Community Planner

Location: Lot 27 & Part of Lot 26, Block 1, Plan 1335

182 Adams Boulevard (Roll No. 8500)

Zoning: “R” Residential; Village of Dunnottar Zoning By-Law 858/08

Variance Request Permitted Proposed

Accessory Building Height 22 ft. (max.) 24.2 ft. (max.)

Accessory Building Site Coverage 10% (max.) 15.6% (max.)

Purpose:

To increase the maximum permitted height and site coverage for an accessory building, in order

to allow for construction of a detached garage on the subject property.

Background:

The subject property is located on the west side of Adams Boulevard, just north of its

intersection with Lakeview Avenue, and abuts a public lane to the rear. The property is 5,321

square feet in area and is developed with a single family dwelling and detached garage.

In addition to being zoned “R” Residential, the property is located in an area designated as

Settlement Centre in the Red River Planning District’s Development Plan.

To the North: Property with frontage on Adams Boulevard, developed with a residential use and

zoned “R” Residential.

To the South: Property with frontage on Lakeview Avenue, developed with a residential use and

zoned “R” Residential.

To the East: Adams Boulevard, followed by properties with frontage on Lake Winnipeg that

are zoned “RL” Residential Lakefront

To the West: A public lane, followed by a property with frontage on Park Avenue, developed

with a residential use and zoned “R” Residential

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Analysis: The applicant is proposed a detached garage to the rear of the subject property with a footprint of

828 square feet (36 feet by 23 feet). The proposed garage would replace the existing, smaller

garage and be used for storage of vehicles, snow machines, boats, and other items. The garage

would also feature a loft area that would be used for storage, woodworking, and crafting. Note

that unless the applicant applies for and is granted conditional use approval to allow for a home-

based business, the proposed garage is permitted for personal, residential accessory use only. A

related condition of approval has been added for the Planning Commission’s consideration.

Documents submitted by the applicant including a letter, site plan, cross-section drawing, and

photo of the proposed garage style are attached to this report.

Two variances are required for the proposed garage. First, there is a maximum site coverage for

detached accessory buildings of 10 percent. In other words, the area of the lot occupied by

detached accessory buildings cannot exceed 10 percent of the total area of the lot (5,321 square

feet). With a footprint of 828 square feet, the proposed garage would have a site coverage of 15.6

percent – approximately 296 square feet above what is currently permitted. Section 1.2.1 of the

Zoning By-law explains the rationale for site coverage limitations:

Site coverage standards are designed to ensure a proper level of development on a zoning

site and deter over-development to maintain the preferred neighbourhood character and

respond to features on the zoning site. Moreover site coverage standards are intended to

promote on-site stormwater infiltration to minimize overland drainage flow into Lake

Winnipeg.

Of note, in addition to the 10 percent site coverage permitted for detached accessory buildings,

the dwelling is permitted a site coverage of 20 percent. Based on the applicant’s site plan, the site

coverage of the dwelling on the property is roughly 20 percent.

The second variance is to allow for a building height of 24.2 feet. Note that height is measured

from grade to the highest point of the roof surface, excluding projections such as chimneys.

Zoning regulations allow for a garage to be a maximum of 1.5 storeys, as is the proposed

structure, and 22 feet in height.

Section 1.2.1 of the Zoning By-law explains that maximum building height regulations limit

negative consequences of shade and shadow on neighbouring properties. The Planning

Commission must consider whether the variance will negatively affect other properties or

potential development in the surrounding area. As per the applicant’s site plan (attached), the

proposed structure will comply with applicable setback and building separation requirements. In

their letter (attached), the applicants refer to a “minimum side property line distance of 1 ft”.

This is a reference to projections such as eaves and eaves trough, which must be a minimum of 1

foot from the side property lines. At its closest points, the exterior walls of the proposed garage

will be 2.5 feet from the side property lines; the minimum requirement is 2 feet.

A building permit for the proposed detached garage would be required from our office. Note that

due to the property’s proximity to Lake Winnipeg, as per Section 2.2.2.2.b of the Zoning By-law

a geotechnical report from a qualified engineer may be required at the building permit stage.

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This application was referred to the Water Management and Structures Branch of Manitoba

Infrastructure, who indicated that they have no concerns (see attached). A condition of approval

has been added for the Planning Commission’s consideration that would require the applicant to

obtain all required permits and approvals.

Options:

Under section 97(1) of the Planning Act, on completion of the public hearing, the Planning

Commission 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, Planning Commission 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.

Recommendations: Should the Planning Commission choose to approve the requested zoning variance, the following

conditions should be placed:

1. This variance is limited to allow a maximum height of 24.2 feet and a maximum site

coverage of 15.6% for a detached garage, as proposed in this application. Any changes in

use, location, and/or replacement may require a new variance approval;

2. That the proposed garage be for personal, residential accessory use only, unless and until

conditional use approval is obtained to allow for a home-based business in accordance

with Section 3.1.12 of the Zoning By-law; and,

3. Applicant / owner obtains all required permits and approvals, including but not limited to

those from the Red River Planning District and the Village of Dunnottar.

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LOCATION MAPS

Illustrating Subject Property

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INFORMATION SUBMITTED BY APPLICANT

Letter of Intent, Site Plan, Cross-Section Drawing, Photo of Proposed Garage Style

April 29, 2021

Red River Planning Commission

806-A Manitoba Avenue

Selkirk Manitoba

R1A 2H4

Re: 182 Adams Blvd Matlock (Village of Dunnottar)

Proposed Garage / Loft Variance

To whom it may concern

We have had the above-mentioned property in the family for over 50 years.

With the uncertain times we are all going through we have decided to start our retirement.

We are planning to make our cottage at 182 Adams our permanent home. Having said that we

would have to make some minor changes to our cottage and replace our existing garage with

one a bit more suitable to our needs. The proposed garage / loft would be storage of our daily

vehicles, snow machines, boat and just stuff from downsizing. The loft area would be mainly

for storage, doing crafts and small wood working projects.

Attached is a photo of what we would like the garage / loft to look like. We checked with our

designer Don Bilsky to see if we could build our garage / loft like in the picture and he agreed

that it would work within the cross-section dimensions he had drawn.

We checked with Don that the separation distance on the attached site plan measured

between the furthest projection off each structure eve to eve is accurate at 12’ 2”.

Also checked with Don that the drawing has taken into consideration the minimum side

property line distance of 1 ft to be accurate.

Our plan is to use a land surveyor to lay out the position of the new garage to make sure it is in

the right location and update our survey certificate to reflect the changes.

In closing we would like the commission to grant our variance to build our new garage / loft and

move on with our retirement plan.

Sincerely

Leonard & Shelley Andrews

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COMMENTS FROM MANITOBA INFRASTRUCTURE

Water Management and Structures Branch

1

David Paton

From: Graham, Evan (MI) <[email protected]>Sent: Wednesday, May 26, 2021 2:56 PMTo: David PatonSubject: RE: Village of Dunnottar Variance Application - 182 Adams BlvdAttachments: VO-47, 2021 Contour Map.pdf

Hi David, We have no concerns. The flood protection level on Lake Winnipeg is 220.06 metres (722 feet) CGVD28. Topographic information, obtained by LiDAR, for the lot ranges from 220.37 metres (723 feet) to 220.68 metres (724 feet) CGVD28. Thanks, Evan Graham A\Senior Flood Protection Planning Officer Water Management, Planning and Standards Hydrologic Forecasting & Water Management Manitoba Infrastructure

Second Floor ‐ 280 Broadway - Winnipeg, Manitoba R3C 0R8 204‐794‐3557 – [email protected]

From: David Paton <[email protected]> Sent: May 6, 2021 1:40 PM To: +WPG1166 ‐ MIT Water Review (MI) <[email protected]> Subject: Village of Dunnottar Variance Application ‐ 182 Adams Blvd

CAUTION: This email originated from an External Sender. Please do not click links or open attachments unless you recognize the source. ATTENTION: ce courriel provient d’un expéditeur externe. Ne cliquez sur aucun lien et n’ouvrez pas de pièce jointe, excepté si vous connaissez l’expéditeur.

Good afternoon, Please find a variance application attached for your review and comments. Thank you.

David Paton, MCIP, RPP Community Planner Red River Planning District

806‐A Manitoba Ave.Selkirk MB R1A 2H4

Direct: 204‐482‐2958

Tel: 204‐482‐3717 Fax: 204‐482‐3799

www.redriverplanning.com Planning and Development Services for the Municipalities of: Dunnottar – East St. Paul – Selkirk – St. Andrews – St. Clements – West St. Paul The contents of this e‐mail message and any attachments are confidential and are intended solely for addressee. The informatpurpose of delivery to the intended recipient. If you have received this transmission in error, any use, reproduction or disseminarecipient, please immediately notify the sender by reply e‐mail or phone and delete this message and its attachments, if any.

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Ground Surface ContoursVariance Application182 Adams BlvdVillage of DunnottarLeonard & Shelley Andrews

Map produced by Manitoba Infrastructure,Water Management, Planning and StandardsBranch on 2021-05-26Projection:UTM Zone 14NHorizontal Datum: NAD83Vertical Datum: CGVD28

LegendCONTOUR (feet)

713714715716717718719720721722723724725726727728729730731732

25 0 2512.5 Metres