The City of Winnipeg

THE CITY OF WINNIPEG VARIANCE APPEAL ORDER APPEAL COMMITTEE

DAV 167763A/2009C

Before: Appeal Committee Councillor Clement, Chairperson Councillor Lazarenko Councillor Vandal

Hearing: March 4, 2010 Council Chamber Council Building, 510 Main Street

Applicant: Armelle St. Martin

Premises Affected: 124 Harrow Street

Legal Description: Lot 11/12 Block 9 Plan 822 43/5 St B, hereinafter called “the land”

Property Zoned: “R1-L” PDO Airport Vicinity - Planned Development Overlay District

Zoning Atlas Sheet: AC22

Nature of the Application: To vary the “R1-L” PDO Airport Vicinity District Dimensional Standards of the Winnipeg Zoning By-law No. 200/2006 for the maintenance of a single family dwelling (Carriage House) to permit more than one principal building on the zoning lot with the following:

1. a rear yard of 3.7 feet (1.13 metres) instead of 25 feet (7.62 metres);

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2. a west side yard of 0.1 feet (0.03 metres) instead of 4 feet (1.22 metres); 3. a west side yard eave projection of 0.9 feet (0.27 metres) instead of 0.03 feet (0.01 metres).

ORDER MADE BY THE BOARD OF ADJUSTMENT:

The Board of Adjustment rejected a Variance, File DAV 167763/2009C, to Armelle St. Martin, for premises located at 124 Harrow Street, for the maintenance of a single family dwelling (Carriage House) to permit more than one principal building on the zoning lot with the following:

1. a rear yard of 3.7 feet (1.13 metres) instead of 25 feet (7.62 metres); 2. a west side yard of 0.1 feet (0.03 metres) instead of 4 feet (1.22 metres); 3. a west side yard eave projection of 0.9 feet (0.27 metres) instead of 0.03 feet (0.01 metres).

Pursuant to the provisions of The City of Winnipeg Charter, Armelle St. Martin, appealed to the Appeal Committee against Variance Order DAV 167763/2009C and after Notice, the appeal was heard on March 4, 2010.

Upon consideration of the evidence adduced and submissions made, the Appeal Committee is of the opinion that, subject to the condition(s) imposed under this Appeal Order if any, criteria (a) to (d) of Subsection 247(3) of The City of Winnipeg Charter, set out below, are not satisfied:

(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.

ORDER:

The Appeal Committee orders that the appeal is dismissed and that Variance Order DAV 167763/2009C dated January 15, 2010, is confirmed. …/ 3 - Page 3 of DAV 167763A/2009C -

THIS ORDER IS SUBJECT TO ALL BUILDING, HEALTH OR OTHER REGULATIONS PERTAINING TO THE LAND HEREIN REFERRED TO.

DATE OF ORDER: March 5, 2010 CERTIFIED BY:

Clerk of the Appeal Committee

THE FOLLOWING PERSONS MADE REPRESENTATIONS:

In Support of the Appeal:

Armelle St. Martin Fritz St. Martin Mitchell Francoeur

In Opposition to the Appeal:

Frederick Allen George Ames Gordon E. Anderson Heather Clarke Keith Eyrikson Gloria Mancini Mark Mancini Alison McKay Scott McKay Mel McManus Councillor John Orlikow Beverly Pageau Jean-Guy Pageau

For Information on the Appeal:

For the City:

Mr. N. Yauk, Planner, Planning, Property and Development Department Ms L. Hird, Development Planning Officer, Planning, Property and Development Department