1. home and garden
2. gardening and landscaping
3. yard and patio

TITLE:
VARIANCE
1148 18th Street
OWNER: Caddy Lake Investments Ltd.
APPLICANT: BIRD Construction Ltd.
PRESENTER: Robert Zilke, BES
DEPARTMENT:
Planning & Building Safety
CLEARANCES:
Principal Planner
FILE NO:
V-05-15-B
MEETING DATE:
May 06, 2015
ATTACHMENTS:
1. Application related documents
2. Map, air photo & drawings
3. Development Agreement
APPROVALS:
Community Planner
April 21, 2015
Date
Principal Planner
April 23, 2015
Date
BACKGROUND:
BIRD Construction Ltd, on behalf of the owner, Caddy Lake Investments Ltd., is applying for a variance
to vary:
 Table 13: Commercial Bulk and Siting Requirements to reduce the minimum required front yard
setback of 12.1m to 6.0m; and
 Regulation 22(h) to allow for off-site parking.
The subject property is located at 1148 18th Street (Lots 11 to 16 and Lots 38 to 42 Block 3 Plan 202 BLTO
excluding Nly 10’ of Lot 11) in an area zoned CAR Commercial Arterial. Approval of this application will
allow for the development of a 4,962ft2 restaurant fronting 18th Street and will parking to be provided by a
site located across the public lane.
BACKGROUND:
Development Context
The subject property is under three separate titles and one single ownership. The property is bisected by a
public lane with two development sites fronting 19th Street, and the third site fronting 18th Street. The
property owner is seeking a variance request for the site west of the hotel office (Lots 11 to 16) to allow for
off-site parking serving the proposed restaurant, and a variance for the site across the public lane fronting
onto 18th Street (Lots 38-42) to reduce the front yard setback requirement for the proposed restaurant. The
entire property is surrounded by commercial establishments to the north and the south, multiple-family
dwellings to the west, and the Keystone Centre to the east across from 18th Street.
History
The subject property is currently occupied by the Western Motel, with the majority of the hotel planned for
demolition in order to develop the proposed restaurant. Properties within the area were formerly zoned
Highway Commercial (C3) Zone; in 2001 a new Zoning By-law was adopted which amended the zone to
Commercial Arterial (CAR) Zone.
Brandon - Variance - Report to Planning Commission
REV05/13
ANALYSIS:
The applicant tis seeking a variance to decrease the required front yard setback from 12.1m to 6.0m on the
restaurant site to allow the proposed patio to be situation closer to the pedestrian walkway. The applicant
is also seeking a variance to allow parking on the site across from the public lane to serve as off-site parking
for the restaurant. As part of the approval, a cross-parking easement agreement will be required to be
registered on the titles of both properties.
Consistency with Part 6, Section 97(1)(b) of The Planning Act and Demonstration that the Variance:
1. Will be compatible with the general nature of the surrounding area;
Front Yard Setback Variance
The subject property is surrounded by commercial establishments to the north and the south, multiplefamily dwellings to the west, and the Keystone Centre to the east across from 18th Street. The proposed
6.0m front yard setback along the eastern property line will allow the proposed patio to be closer to the
existing sidewalk. The proposed location is consistent with section 3.2(a) of the Urban and Landscape
Design Standards Manual in promoting visual appeal of the site to promote pedestrian interaction
between private and public space. The commercial establishment located to the north will likely not be
adversely impacted by the proposed reduction of the front yard setback.
Off-site Parking Variance
The applicant proposes to develop the restaurant on the site fronting 18th Street and provide parking
behind the building on the site across the public lane. The proposed site design will allow for the
restaurant to be the dominant feature fronting the arterial while providing sufficient parking to serve
the restaurant and to comply with the parking requirement set forth in the Zoning By-law.
2. 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;
Front Yard Setback Variance
The proposed 6.0m front yard setback along the eastern property line adjacent to 18th Street will allow
the proposed patio to be located closer to the existing sidewalk. The proposed site design layout
promotes pedestrian interaction between private and public space which is consistent with section 3.2(a)
of the Urban and Landscape Design Standards Manual. The proposed variance to reduce the front yard
setback will not likely generate any detrimental effect to properties in the surrounding area.
Off-site Parking Variance
By positioning the majority of the parking for the proposed restaurant behind the building will ensure
that the restaurant will be more prominent on 18th Street. The variance will also allow for the City to
request onsite and offsite upgrades (i.e. acceleration lane and speed table), which will ensure the
vehicles accessing the site off of 18th Street will not impede traffic flow. The provision of a speed table
will ensure two things from a safety perspective; that vehicles travelling down the public lane will slow
down, and provide a raised walkway to direct people parking off-site to the proposed restaurant.
Brandon - Variance - Report to Planning Commission
REV05/13
3. 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
Front Yard Setback Variance
The required 12.1m front yard setback ensures the building and patio will be located away from the
existing sidewalk, this will unnecessarily separate the needed human element from 18 th Street.
Locating the building closer to 18th Street will also allow more space between the building and the
existing public lane.
Off-site Parking Variance
The restaurant will maintain at least 16 parking stalls on-site, with the remainder of the required parking
stalls to be accommodated by the side located directly across the public lane. The applicant has located
the required accessible stalls by the entrance of the proposed restaurant. The variance to allow for the
off-site parking will ensure that the development not only meets, but exceeds the required parking.
4. Is generally consistent with the applicable provisions of the development plan by-law, the zoning bylaw and any secondary plan by-law
Front Yard Setback Variance
The subject site is designated “Commercial” in the Development Plan, and the proposal complies with
policy 3.2.4 which states that commercial uses such as restaurants should locate to urban arterial
commercial areas. The design of the building complies with the provisions of the Urban Design
Standards and Guidelines, including standard 3.2 (a) which states that commercial sites should
incorporate amenity spaces between the building and the street.
Off-site Parking Variance
The subject site is designated “Commercial” in the Development Plan, and the proposal complies with
policy 3.2.4 which states that commercial uses such as restaurants should locate to urban arterial
commercial areas. The design of the parking complies with the provisions of the Urban Design
Standards and Guidelines, including standards (a) the provision of walkways and landscaping to buffer
between the parking area and the building, (b) the inclusion of a traffic table connecting the offsite
parking to the restaurant which will reduce conflicts between vehicles and pedestrians, and (f) locating
the majority of the required parking stalls behind the proposed building. The off-site parking variance
will allow the proposed restaurant use to comply with the minimum number of required parking stalls
required.
Commenting Agencies
In addition to the comment below, all comments pertaining to this application have been addressed.
City of Brandon
The City of Brandon requires a development agreement as a condition of subdivision approval. The
development agreement shall ensure, among other standard items in the development agreement, the
owner/developer to provide



An addition of an acceleration lane on the access side of 18th Street;
Repaving the surface of the public lane from Aagaard Avenue up to the point of
access into the parking lot;
A cross access agreement for the use of the parking lot (lots 11-16)
Brandon - Variance - Report to Planning Commission
REV05/13

A contribution in the amount of $ 10, 200.00 for a future sidewalk for the length of
the property along 19th Street.
The applicant shall either remove the existing sign encroaching on City Property or enter into an
encroachment agreement with the grandfathered annual fee of $50.00 plus a one-time payment of $350.00
for our administration fee for the existing sign frame to remain as-is.
Notification
As required under section 169 of The Planning Act, notice of this Public Hearing regarding this application
was sent to owners of property within 100 metres (328 feet) of the subject property and notice posters were
posted on the property.
Public Outreach
Pursuant to provision (b)(2)(iv) of Appendix D: Public Outreach Requirements in the Zoning By-law,
public outreach is not a requirement as the proposal does not increase the permitted density or intensity of
the use of the land. As of the writing of this report, the Planning & Building Safety Department has not
received any written comments in favour of or in opposition to this application.
RECOMMENDATIONS:
That the Public Hearing for Variance Application V-05-15-B at 1148 18th Street be concluded.
That Variance Application V-05-15-B to reduce the minimum required front yard setback from 12.1m to
6.0m and to allow for off-site parking for the properties located at 1148 18th Street (Lots 11 to 16 and Lots
38 to 42 Block 3 Plan 202 BLTO excluding Nly 10’ of Lot 11) be approved in accordance with the intent
of the application “Attachment A-1”, the attached letter of intent “Attachments A2, A3 & A4” and the
attached site plan “Attachment B-2”, subject to the owner or successor, prior to the issuance of a building
permit:
1. entering into a development agreement with the City of Brandon as attached to the report by
the Community Planner dated May 6th 2015, and submitting written confirmation to the City
of Brandon Planning & Building Safety Department that the development agreement has been
registered on the Title to the subject property;
2. submitting written confirmation to the satisfaction of the City of Brandon Planning & Building
Safety Department that a cross-access agreement has been registered by easement on the Title
to the subject property 1148 18th Street (Lots 11 to 16 Block 3 Plan 202 BLTO excluding Nly
10’ of Lot 11) and 1148 18th Street (Lots 38-42 Block 3 Plan 202 BLTO); and
3. entering into an encroachment agreement with the City of Brandon to allow the existing
freestanding sign to encroach onto the 18th street right-of-way.
Brandon - Variance - Report to Planning Commission
REV05/13