View hearing - Red River Planning District

We are
Listening.
Public
Hearing
What is VO 122, 2016 about?
To vary the corner side yard for a main structure to
3 ft. from the required 15 ft., in order to allow for the
construction of a new cottage on the subject
property.
Tuesday,
Sept. 13, 2016
4:00 PM
Council Chambers
500 Railway Ave.
Clandeboye, MB
Phone:
(204) 482-3717
1-800-876-5831
E-Mail:
[email protected]
Website:
www.rrpd.ca
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
806-A Manitoba Avenue
Selkirk, Manitoba R1A 2H4
Toll Free: 800-876-5831
Phone: 204-482-3717
Fax: 204-482-3799
Date:
File:
From:
To:
August 29, 2016
VO 122, 2016
Red River Planning District
Council, R. M. of St. Andrews
Premises:
Lot 13, Blk. 4, Plan 5686
114 Grand Circle (Roll No. 524020)
Subject:
Land Use Zoning: “SR” Seasonal Residential
R.M. of St. Andrews Zoning By-Law 4066
Variance Item
Required
Proposed
Side yard corner
15 ft. (min.)
3 ft. (min.)
Purpose:
The applicant is seeking the above listed variance in order to allow for the construction of
a new cottage on the subject property.
Background:
The subject property is located on 114 Grand Circle (in Petersfield, Manitoba) and the
property rear yard faces onto Netley Creek. The property is zoned SR-Seasonal
Residential Zone.
As indicated by the applicant on their letter of intent, a previously existing cottage on the
property has been recently removed. The applicant obtained a demolition permit on
August 2, 2016. There remains an existing detached garage on the subject property.
If approved, this variance will allow the applicant / owner to obtain a building permit for
the new proposed cottage.
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,
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(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.
Analysis:
As indicated by the applicant’s submitted site plan, the proposed cottage within this
application is customized to fit the applicant’s accessibility needs and has been designed
to meet the east, north and south required setbacks. However, the proposed home
location is to be placed a minimum 3 feet away from the west property line.
As indicated on location maps, there is a right-of-away of approximately 20 feet
separating the neighbouring property to the west and the subject property. The applicant
has indicated there would be approximately 33 feet separation between the proposed
cottage and existing home on the west neighbouring property.
Based on this information, our office does not express any concerns for this variance
application.
Recommendation:
Should Council choose to approve this variance application, the Red River Planning
District recommends the following conditions be placed:
1. Applicant / owner obtains all required permits from the Red River Planning
District;
2. This variance is limited to what is proposed within this application. Any changes
in use, additions, or reconstruction requires new variance approval;
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LOCATION MAP
Illustrating Proposed Variance
Page 3 of 3