Agenda – City Centre Community Committee – July 3, 2018

PUBLIC HEARINGS

Item No. 4 Variance – 281 River Avenue

(Fort Rouge - East Fort Garry Ward)
File DAV 142224/2017D [c/r DASZ 13/2018]

WINNIPEG PUBLIC SERVICE RECOMMENDATION:

The Urban Planning Division recommends approval 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 front yard of 10 feet (3.05 metres) to the principal building and 6.5 feet (1.98
metres) to the balconies instead of 25 feet (7.62 metres);
b. a west side yard of 15 feet (3.05 metres) to the principal building and 6.5 feet
(1.98 metres) to the balconies instead of 18 feet (5.49 metres);
c. 93 parking spaces instead of 119 parking spaces;

2. for the establishment of an accessory parking area to permit no west side yard instead of
8 feet ( 2.44 metres);

3. for the establishment of a garbage enclosure to permit no east side yard instead of 8 feet (
2.44 metres).

Subject to the following conditions:

1. That the development shall be built in substantial conformance with the plans attached
and hereto identified as Sheets 3-27, dated April 20, 2018.

2. That prior to the issuance of any development permits, a car share agreement shall be
established. The car share agreement shall include, at minimum, provision of one (1) car
share vehicle and a dedicated parking space on the subject property for that vehicle, to the
satisfaction of the Director of Planning, Property and Development Department.

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Agenda – City Centre Community Committee – July 3, 2018

File: DAV 142224/2017D

Applicant: J. Wintrup Consulting Ltd. (John Wintrup)

Premises Affected: 281 River Avenue

Legal Description: Lot 1 Plan 27454 41 ST B, hereinafter called “the land”

Property Zoned: “RMF-M” (Residential Multi-Family-Medium District)

Proposed “RMF-L” (Residential Multi-Family-Large District)

Nature of Application: 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 front yard of 10 feet (3.05 metres) to the principal

building and 6.5 feet (1.98 metres) to the balconies
instead of 25 feet (7.62 metres);
b. a west side yard of 15 feet (4.57 metres) to the
principal building and 11.7 feet (3.57 metres) to the
balconies instead of 18 feet (5.49 metres);
c. 93 parking spaces instead of 119 parking spaces;

2. for the establishment of an accessory parking area to permit

no west side yard instead of 8 feet (2.44 metres);

3. for the establishment of a garbage enclosure to permit no

east side yard instead of 8 feet (2.44 metres).

Exhibits Filed: 1. Application dated May 1, 2018

2. Notification of Public Hearing dated June 11, 2018
3. Manitoba Status of Title 2646514/1
4. Letter of authorization dated April 19, 2018 from Matthew
Narvey, Tudor Grandview Ltd. to John Wintrup
5. Confirmation from the Zoning and Permits Administrator
that the subject property may be posted in substitution for
newspaper advertising
6. Plans, Sheets 1 to 27 inclusive, for File DAV
142224/2017D dated April 20, 2018
7. Report from the Urban Planning Division dated June 25,
2018
8. Inspection Report

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Agenda – City Centre Community Committee – July 3, 2018

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:

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.

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Agenda – City Centre Community Committee – July 3, 2018

Moved by Councillor
That in accordance with Subsection 247(3) of The City of Winnipeg
Charter, the Variance,

(a) is consistent is not consistent

with Plan Winnipeg, and any applicable secondary plan;

(b) does not create does 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 is not
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 is not
compatible with the area in which the property to be affected is situated.

Supporting Comments:

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

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

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Exhibit “ 7 ” referred to in File DAV 142224/2017D

ADMINISTRATIVE REPORT

Title: DAV 17-142224\D – 281 River AVE

Issue: For consideration at the public hearing for variances to establish a five (5)
storey, 99 unit multi-family residential building.

Critical Path: City Centre Committee as per the Development Procedures By-law and
The City of Winnipeg Charter.

AUTHORIZATION

Author Division Head Department Head CFO CAO

Dylan Harris B. Smith (RPP) n/a n/a

RECOMMENDATIONS

The Urban Planning Division recommends approval 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 front yard of 10 feet (3.05 metres) to the principal building and 6.5 feet (1.98 metres) to the
balconies instead of 25 feet (7.62 metres);
b) a west side yard of 15 feet (3.05 metres) to the principal building and 6.5 feet (1.98 metres)
to the balconies instead of 18 feet (5.49 metres);
c) 93 parking spaces instead of 119 parking spaces;
2) for the establishment of an accessory parking area to permit no west side yard instead of 8
feet ( 2.44 metres);
3) for the establishment of a garbage enclosure to permit no east side yard instead of 8 feet (
2.44 metres).
Subject to the following condition(s):
1) That the development shall be built in substantial conformance with the plans attached
and hereto identified as Sheets 3-27, dated April 20, 2018.

2) That prior to the issuance of any development permits, a car share agreement shall be
established. The car share agreement shall include, at minimum, provision of one (1) car
share vehicle and a dedicated parking space on the subject property for that vehicle, to
the satisfaction of the Director of Planning, Property and Development Department.

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REASON FOR THE REPORT

Variance applications require a public hearing as per The Development Procedures By-law No.
160/2011 and The City of Winnipeg Charter, section 249.
The report is being submitted for the City Centre 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, the variances will be
approved.
FILE/APPLICANT DETAILS

FILE: DAV 17-142224\D

RELATED FILES: DAZ 204/18
COMMUNITY: City Centre Committee
NEIGHBOURHOOD #: 1.111 River Osborne

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 front yard of 10 feet (3.05 metres) to the principal building and
6.5 feet (1.98 metres) to the balconies instead of 25 feet (7.62
metres);
b) a west side yard of 10 feet (3.05 metres) to the principal
building and 6.5 feet (1.98 metres) to the balconies instead of 18
feet (5.49 metres);
c) 93 parking spaces instead of 134 parking spaces;
2) for the establishment of an accessory parking area to permit no
west side yard instead of 8 feet ( 2.44 metres);
3) for the establishment of a garbage enclosure to permit no east
side yard instead of 8 feet ( 2.44 metres).

LOCATION: 281 River AVE

LEGAL DESCRIPTION: Lot 1 Plan 27454 41 in the Parish of St. Boniface.

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APPLICANT: J. Wintrup Consulting Ltd.
139 Roslyn RD Unit 301
Winnipeg , Manitoba R3L 0G7

OWNER: Peglyn Apratments Ltd.

75 Vanier Dr.
R2V-2N7

HISTORY

 The subject property is located in the Village High Density Residential Policy Area (V-
HDR) of the Osborne Village Neighbourhood Plan (OVNP).
 The OVNP sets a maximum building height of five (5) stories for properties in the Village
High Density Residential policy area that are located on the east side of Osborne St.
 The applicant applied for a secondary plan amendment to the OVNP to enable the
construction of a six (6) storey building. The applicant was heard at the Standing Policy
Committee on Property and Development, Heritage and Downtown Development on
September 19, 2017. Standing Policy Committee rejected the application for secondary
plan amendment.
 Following rejection of the application at first reading for a secondary plan amendment,
the applicant resubmitted a revised concept for the property at 281 River Ave, which is
the subject of this current application for subdivision, rezoning and variance.
 Given the northern portion of the property at 281 River Ave. abuts the Red River, the
Urban Planning Department requested the applicant provide a geotechnical report
identifying stabilization measures and project feasibility prior to scheduling a hearing for
the subject application.
 On April 11, 2018, the Urban Planning Division and the project team for 281 River Ave.
met to clarify the geotechnical condition of property and to ensure the proposed
development is feasible. It was confirmed that based on their submitted geotechnical
report, if the applicant employs the recommended stabilization work, their five (5) storey
multi-family residential building is feasible.

DISCUSSION

CRITERIA FOR APPROVAL

Pursuant to Section 247(3) of The City of Winnipeg Charter, an application for a variance with
respect to a property may be approved if the variance:

(a) is consistent with Plan Winnipeg and any applicable secondary plan;

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(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 is located on the north side of River Ave, adjacent to Fort Rouge
Park and backing onto the Assiniboine River.
 The subject property is located within the Areas of Stability – Mature Communities Policy
Area as designated in the Complete Communities Direction Strategy and within the
Village High Density Residential policy area in the Osborne Village Neighbourhood Plan.
 The subject property is 1.1 acres (47 916 sq. ft.) in area and is currently zoned
Residential Multi-Family Medium (RMF-M).
 Currently there are five (5), three (3) storey apartment buildings with of 54 dwelling units
currently located on the subject property.

Subject site

Figure 1: Aerial Photo of Subject Site and Surrounding Uses (flown 2016)

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SURROUNDING LAND USE AND ZONING (See Figure 2)

North: The Assiniboine River then park uses zoned “Downtown Living Sector” under the
Downtown Zoning by-law.

South: River Ave. then multiple family uses zoned “RMF-M” Residential Multi-Family Medium
and “RMF-L” Residential Multi-Family Large.

East: Multiple family residential uses zoned “RMF-M” Residential Multi-Family Medium.

West: Fort Rouge Park zoned “RMF-M” Residential Multi-Family Medium.

Subject site

Figure 2: Zoning of the site and surrounding area.

DESCRIPTION OF THE PROPOSED DEVELOPMENT
 The applicant is proposing to subdivide and the rezone the subject property to the “RMF-
L” Residential Multi-Family Large district to enable the establishment of a five (5) storey,
99 unit residential development.
 The proposed development will include 93 motor vehicle parking spaces, 48 of which are
underground.
 Given the applicant is proposing fewer than one parking stall per dwelling unit, the
applicant has agreed to provide one car share vehicle on site as per the City’s request.
 The applicant has also agreed to provide secure, indoor bicycle parking area for the
buildings tenants.
 A corresponding Subdivision and Rezoning application (DASZ 13/18) is required to
enable the proposed development. Please see this report for additional information in
regards to the rezoning application.

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  As part of the DASZ application, the City will require the applicant undertake bank
stabilization measures and dedicate a portion of riverbank land to enable the future
construction of an active transportation pathway.

REASONS FOR APPLICATION

Front yard
The Winnipeg Zoning By-law requires buildings located in the “RMF-L” Residential Multi-Family
Large district provide a minimum front yard of 25 feet. The applicant is proposing a 10 foot front
yard on River Ave. For this reason a variance is required.
West side yard
The Winnipeg Zoning By-law requires buildings in the “RMF-L” Multi-Family Large district
provide an eight (8) foot side yard plus two feet for every storey above the first floor. For the
proposed five (5) storey building, the required side yard is 18 feet. The applicant is proposing to
provide a west side yard of 15 feet. For this reason a variance is required.
Reduced parking supply
The Winnipeg Zoning By-law requires properties in the “RMF-L” district located in the urban infill
area provide 1.2 parking spaces per dwelling unit. This would require the provision of 119
parking spaces for the proposed 99 dwelling units. The applicant is proposing to provide 93
parking spaces. For this reason a variance is required.
Reduced west side yard to parking area
The Winnipeg Zoning By-law requires an eight (8) foot interior side yard between parking areas
and a property line for properties in the “RMF-L” district. The applicant is proposing a zero foot
west side yard for the parking area. For this reason a variance is required.
Reduced side yard to garbage enclosure
The Winnipeg Zoning By-law requires a minimum eight (8) foot interior yard for properties in the
“RMF-L” district. The zoning by-law requires garbage enclosures are located outside of
required yard setbacks. The applicant is proposing a zero foot east side yard to the garbage
enclosure instead of eight (8) feet. For this reason, a variance is required.

ANALYSIS AND ISSUES

COMPLETE COMMUNITIES DIRECTION STRATEGY
 The subject property is currently zoned Residential Multi-Family Medium (RMF-M) and is
within the Areas of Stability – Mature Communities Policy Area as designated by the
Complete Communities Direction Strategy.
o Areas of Stability accommodate low to moderate change in a contextually
suitable manner. Supporting Direction and Enabling Strategies for Areas of
Stability include:
o Support low to moderate change in low density neighbourhoods through
development and redevelopment that is complimentary to the existing scale,
character, and built form.
o Promote the form of buildings and spaces that are sensitive to the community
context and address the transition between new and existing developments.

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The subject property’s Mature Community designation is less relevant given more specific policy
on how this area should be developed is described in the Osborne Village Neighbourhood Plan
(OVNP). Despite more detailed policy in the OVNP, the proposed project does align with the
policies for Mature Communities in that proposed redevelopment of 281 River Ave is consistent
with the scale, character and density on this block of River Ave. The massing and design of the
proposed building takes into account the existing context and is sensitive to the character on
this block of River Ave. including Fort Rouge Park, which is located immediately to the west of
subject property.
OSBORNE VILLAGE NEIGHBOURHOOD PLAN
 Osborne Village Neighbourhood Plan (OVNP). Policies that guide development in the
Village High Density Residential policy area include:
o Encourage medium and high-rise multiple-family development;
o New development along River Avenue east of Osborne Street will have a
minimum of three storeys, and a maximum height of five storeys;
o New high-density development should consider the height, scale, prevailing
densities, and design characteristics of surrounding land uses;
The proposed five (5) storey, 99 unit multi-family building is consistent with the above policies in
the VHDR policy area of the OVNP. The proposed building is within the established height
limits, is adding additional residential density to the area and is consistent in scale and density
with buildings in the surrounding area.
 The OVNP has detailed character policies that guide new development to ensure the
unique character of Osborne Village is maintained. The OVNP says the following in
regards to urban form and design:
o Intensification and infill projects will be consistent in design with the street pattern
and architectural character of existing areas. Existing patterns of streets, lanes,
blocks, and private or public open spaces will be respected;
o Development will achieve an urban character and reinforce the relationship
between buildings and the street by:
 Orienting buildings to the street to restore traditional mature
neighbourhood character.
 Respecting the traditional character of the area and surrounding
properties in terms of pedestrian orientation, mass and scale of
surrounding properties, compatible building materials, orientation of
entrances to the street, and incorporation of compatible alignment,
setbacks, and height of building(s) along the street;
 New buildings are to be located to the front and corner side property lines
and have a street front orientation;
 Providing pedestrian access at the street level, and locating parking,
loading, and services entrances at the rear of buildings
 Having consideration for light, view, and privacy of adjacent buildings and
areas.
 The proposed building elevations and site plan are consistent with the character policies
in the OVNP. The building is oriented to River Ave. with building entrances facing the

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 street. The reduced front yard and active ground floor use contribute to a high quality
urban edge between the street and the proposed building. The submitted design
package also shows a quality pedestrian connection from the proposed building to the
public sidewalk on River Ave. Parking is located underground, behind and adjacent to
the subject building. All parking is screened from River Ave. Lastly, the applicant has
indicated their intention to use a mix of cement, hardie cement board, brick and a metal
cladding that resembles a brick finish on the proposed building. Final details in regards
to colour of building materials and detailed landscaping specifications will be addressed
through the Plan Approval process.
VARIANCES
Front yard
Front yard requirements in Zoning By-law 200/2006 for RMF-L district are more reflective of a
suburban built form. Large front setbacks increase the distance from the sidewalk requiring
pedestrians to walk greater distances to the building often resulting motor vehicle access and
storage in front of buildings.
In a more urban environment like Osborne Village a reduced front yard setback on River Ave
that brings the building up to the street will improve pedestrian connectivity. A front yard of 10
feet is more consistent with development patterns in highly urban areas. Ten feet provides
adequate space to establish a greenspace buffer between the building front and public
sidewalk. For these reasons, the Urban Planning Division supports this variance.
West side yard
The required side yard of 18 feet for a building of five (5) stories in height is more common in a
suburban context. The proposed reduced west side yard of 15 feet will provide a reasonable
buffer to the adjacent Fort Rouge Park and the row of trees along the eastern edge of the park
will enable a more dense urban development on the site.
Currently the existing three (3) storey apartment buildings on site provide a nine (9) foot side
yard based on aerial photo measurements. The proposed 15 foot side yard provides a greater
separation distance than is currently provided.
Tree preservation is of utmost importance in Osborne Village. The Urban Planning Division
supports a side yard variance of 15 feet provided trees along the edge of Fort Rouge Park will
not be damaged as part of the construction process. Conditions of approval to ensure adjacent
park trees are protected will be included in the accompanying DASZ application and
Administrative Coordinating Group (ACG) report. For these reasons, the Urban Planning
Division supports this variance.
Reduced parking supply
Typically the Urban Planning Division requires a one vehicle stall per dwelling unit parking
requirement in Osborne Village. In some instances, where properties are located east of
Osborne St. and closer to Rapid Transit service at Harkness Station, the Division will support a
further parking reduction provided sufficient parking mitigation / transportation alternatives are
provided. Alternatives typically include secure indoor bike parking, the presence of a car share
vehicle on site and proximity to high quality transit service.
The applicant has agreed to provide a these mitigation measures as part of this application. A
condition of approval for this variance application will be to require the establishment of a car
share vehicle on site. Current development plans illustrate a care share parking space and two
times the required number of secure indoor bicycle parking spaces. As part of the associated

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DASZ Plan Approval, the Urban Planning Division will be requesting the applicant provide short
term visitor bicycle parking on site in addition to the provided secure spaces for tenants.
The subject property is located within 65 metres of a bus stop on River Ave. The property is
also approximately 500 metres walking distance from the Harkness Rapid Transit station. This
distance represents approximately a seven (7) minute walk. Based on these factors, the Urban
Planning Division supports this variance.
Reduced side yard to parking area
The applicant is proposing to locate two motor vehicle parking spaces directly adjacent to the
west property line between the subject site and Fort Rouge Park. There are numerous trees
along the eastern edge of Fort Rouge Park that will screen this parking area from view.
As stated earlier, all development at 281 River Ave. will be required to adhere to conditions set
by the Parks Department in the corresponding DASZ / ACG reports in regards to tree protection.
Further, the Parks Department will require property line delineation in the form of bollards
installed along the subjects sites west property line (in between the park and the proposed
development) to prevent any form of encroachment onto Park land. The zero foot side yard
applies only to the parking area. The proposed building will provide a 15 foot west side yard.
For these reasons the Urban Planning Division supports this variance.
Reduced side yard to garbage enclosure
Garbage enclosures are required to mitigate to visual impact of dumpsters which are required
for higher density residential uses. The applicant is proposing to locate the required garbage
containers along the east property line of their site. The garbage containers will be completely
enclosed and will be located away from the River Ave. frontage.
The intent of garbage enclosures is to screen dumpsters from view, in an attempt to reduce any
negative impact associated with onsite storage of garbage. In more compact urban settings,
locating garbage enclosures away from public rights of way and habitable spaces can be
challenging. The proposed garbage enclosure location at the rear of the property is out of view
from view from River Ave. and is completely screened. The enclosure is also on located on the
east side of the property, away from Fort Rouge Park. It is the opinion of the Urban Planning
Division this is the least intrusive location for the garbage enclosure. For these reasons, the
Urban Planning Division supports this variance.
For these reasons the Urban Planning Division supports this variance.

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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;
In that, the proposed establishment of this five (5) storey, 99 unit multi-family residential
building is consistent with the policies for the Village High Density Residential policy area
in Osborne Village Neighbourhood 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;
In that, proposed variances enable the redevelopment of 281 River Ave. in a fashion
consistent with the surrounding area and that is complimentary to the built form in the
Osborn Village neighbourhood.
(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
In that, proposed variances relieve the injurious effect of the zoning by-law on the
applicant allowing the development of 281 River Ave. in a fashion consistent with the
Osborne Village Neighbourhood Plan.
(d) is compatible with the area in which the property to be affected is situated.
In that, the proposed five (5) storey development is consistent with surrounding building
heights, will be oriented to River Ave with active ground floor uses, is well connected to
the public sidewalk and will use high quality design material to ensure neighbourhood
compatibility.

CONSULTATION

In preparing this report there was internal consultation with:

SUBMITTED BY

Department: Planning, Property and Development

Division: Urban Planning
Prepared by: Dylan Harris (MCP)
Date: June 25, 2018
File No. DAV 17-142224\D

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Exhibit “ 6 ” referred to in File DAV 142224/2017D

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