ResolutionTHAT the City of Greater Sudbury approve the application by Ivan & Hollie Laplante to amend Zoning By-law 2010-100Z by changing the zoning classification from "R1-5", Low Density Residential One to "R2-1", Low Density Residential Two on land described as PIN 73502-0536, Parcel 18859 S.E.S., Part of Lot 8, Plan M-323, Part 1, Plan 53R-5839 in Lot 6, Concession 6, Township of Blezard.
Ivan & Hollie Laplante
PIN 73502-0536, Parcel 18859 S.E.S., Part of Lot 8, Plan M-323, Part 1, Plan 53R-5839 in Lot 6, Concession 6, Township of Blezard (3212 Highway 69 North, Val Caron)
To amend By-law 2010-100Z being the City of Greater Sudbury Zoning By-law from "R1-5", Low Density Residential One to "R2-1", Low Density Residential Two.
Application for rezoning in order to permit a basement apartment in an existing single detached dwelling.
Official Plan Conformity:
The subject property is designated as Living Area 1 in the City of Greater Sudbury Official Plan. In low density neighbourhoods, single detached, semi-detached and duplex dwellings are permitted to a maximum net density of 36 units per hectare.
In reviewing applications for rezoning in Living Areas, the following criteria under Section 3.2.1 of the Official Plan are to be considered:
Conformity with the Official Plan is based on a review of the above noted considerations.
Site Description & Surrounding Land Uses:
The subject property is located on the east side of Highway 69 North (MR 80) in the community of Val Caron, just south of Division Street. The area is fully serviced by municipal water and sanitary sewer. MR 80 is designated as a Primary Arterial Road and is constructed to an urban standard.
The property has a total area of 866 m2 (9,321 sq. ft.), with 18.3 m (60 ft.) of frontage and a depth of 47.5 m (155 ft.). The lot is occupied by a 93.5 m2 (1,006 sq. ft.) one-storey single detached dwelling. Parking is provided in the southerly side yard and rear yard.
A single detached dwelling abuts to the north and a duplex dwelling that shares a driveway entrance with the subject property abuts to the south. A low density residential subdivision is located to the east (Romeo Street). The site is approximately 110 metres from a commercial node to the south.
Departmental & Agency Comments:
This site is presently serviced with municipal water and sanitary sewer. We have no objection to changing the zoning classification from “R1-5”, Low Density Residential One to “R2-1”, Low Density Residential Two.
Roads and Transportation
The applicant is advised that a building permit will be required for the proposed construction of the basement apartment.
Nickel District Conservation Authority
The building has been floodproofed and verified by an Ontario Land Surveyor.
The applicant was advised of the City’s policy recommending that applicants consult with their neighbours, ward councillor and key stakeholders to inform area residents on the application prior to the public hearing.
As of the date of this report, no phone calls have been received by Planning Services. One (1) written submission has been received, which is attached for review.
The single detached dwelling was originally constructed in 1953. In 1975 the easterly portion of the property was severed to create a 557 m2 (6,000 sq. ft.) residential lot fronting onto Romeo Street (Consent file B0140/1975).
In 2009 a permit was issued in order to raise the dwelling and construct an unfinished basement, small addition and deck (Permit B09-1504). The building was floodproofed based on approvals from Nickel District Conservation Authority.
The property was acquired by the current owner in December 2014.
Suitability of the site
The subject property has the minimum frontage required for a duplex (18 m where a minimum 15m are required). The lot is sufficiently large to accommodate a duplex dwelling, providing 433m2 (4,661 sq. ft) of lot area per unit where a minimum of 230 m2 (2,476 sq. ft.) is required.
The building maintains conformity related to setbacks, lot coverage, building height and other zoning matters. No site-specific relief is required.
Flood plain designation
As illustrated on the location map, the dwelling was located in a designated flood plain. Flooding hazards were addressed as part of a permit process in 2009, when the single detached dwelling was raised and an unfinished basement was constructed. Subject to Nickel District Conservation Authority approval, the dwelling was floodproofed and the lot regraded extending to a 3 m (10 ft.) perimeter around the building. Elevations were subsequently verified by an Ontario Land Surveyor, confirming that the dwelling has been removed from the floodplain.
NDCA has no objection to the installation of a basement unit.
No addition or changes to the exterior of the building are proposed. The second dwelling unit will be located in the existing basement. There is no impact on the physical character of the area.
A duplex dwelling requires two (2) parking spaces, which shall not be located in any required exterior yard. Both required parking spaces must be accessible at all times, without the need to move another vehicle (i.e., no tandem parking). The minimum dimensions of a parking space are 2.75 m (9 ft.) by 6 m (19.7 ft.).
The owner proposes to utilize the rear yard to provide the minimum parking. It is further noted that the southerly side yard is sufficiently wide to provide the two required parking spaces.
There are no concerns related to the provision of on-site parking. The owner is advised that a minimum 50% of the required front yard must be maintained as landscaped open space in accordance with the Zoning By-law.
As indicated on the public notice issued in advance of the hearing in accordance with Subsection 34(19.1) of the Planning Act, there is no appeal of a zoning by-law passed to permit the erecting, locating or use of two residential units in a detached house, semi-detached house or rowhouse situated in an area where residential use, other than ancillary residential use, is permitted.
Planning Services recommends that the application for rezoning be approved.