Request for Decision. Recommendation. Presented: Monday, Sep 14, Report Date Thursday, Aug 27, Type: Public Hearings

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Loren McDowell
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1 Presented To: Planning Committee Request for Decision Michelle Bastien - Application for a temporary use by-law in order to permit a garden suite for a maximum of ten (10) years, 3123 Highway 144, Chelmsford Presented: Monday, Sep 14, 2015 Report Date Thursday, Aug 27, 2015 Type: Public Hearings File Number: 751-5/15-8 Recommendation THAT the City of Greater Sudbury approves the application by Michelle Bastien to amend Zoning By-law Z with respect to lands described as PIN , Parcel S.W.S., Lot 4, Plan M-421, Lot 4, Concession 2, Township of Balfour in order to permit a garden suite in accordance with Section 39 of the Planning Act for a temporary period of ten (10) years, subject to the following condition: 1. That prior to the installation of the garden suite, the owners must obtain a building permit to the satisfaction of the Chief Building Official. STAFF REPORT Applicant: Michelle Bastien Location: Signed By Report Prepared By Alex Singbush Senior Planner Digitally Signed Aug 27, 15 Recommended by the Division Eric Taylor Acting Director of Planning Services Digitally Signed Aug 27, 15 Recommended by the Department Paul Baskcomb General Manager of Growth & Development Digitally Signed Aug 27, 15 Recommended by the C.A.O. Bob Johnston Interim Chief Administrative Officer Digitally Signed Aug 27, 15 PIN , Parcel S.W.S., Lot 4, Plan M-421, Lot 4, Concession 2, Township of Balfour (3123 Highway 144, Chelmsford) Application: To amend By-law Z being the City of Greater Sudbury Zoning By-law to permit a second dwelling unit in the form of a garden suite on the subject property as a temporary use under Section 39 of the Planning Act for a period of ten (10) years. Proposal: To permit a garden suite in the form of a detached garage. The owners propose to remove or otherwise make uninhabitable the garden suite when it is no longer required. The application proposes to connect to the existing public water and sanitary sewer systems that serve the primary dwelling.

2 Official Plan Conformity: The subject lands are designated Living Area 1 in the Official Plan for the City of Greater Sudbury. Garden suites are permitted within the Living Area 1 designation subject to the policies under Section of the Official Plan. Garden suites are permitted in accordance with the following policies: 1. A single garden suite is allowed as an accessory unit on a lot with only one (1) existing dwelling unit; 2. Services shall be connected to the service lines of the host dwelling unit to City specifications; 3. The garden suite can be integrated with the prevailing character of the surrounding area and will be removed at no expense to the City at the termination of its use; and, 4. An agreement may be required between the applicant and the City dealing with such conditions as the installation, location, maintenance, occupancy and the removal of the structure. 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 south side of Highway 144, west of Bathurst Street in Chelmsford. The property form is within the Living Area 1 designation in the Official Plan, and is zoned R1-5, Low Density Residential One. Total lot area is approximately m² (15,300 sq. ft.), with approximately 27.4 m (90 ft.) of frontage on Highway 144 and a depth of approximately m (170 ft.). A 78.7 m² (847 sq. ft.) single detached dwelling constructed in 1961 occupies the property. Surrounding land uses to the west and south, also in the R1-5, Low Density Residential Zone, include single family residential uses and a non-conforming duplex is located to the east at 3131 Highway 144. Industrial land uses abut to the north, on the north side of Highway, including a City of Sudbury facility at 3098 Highway 144 and Denis Gratton Construction at 3160 Highway 144. Departmental & Agency Comments: Building Services A building permit application, to the satisfaction of the Chief Building Official, will be required for the proposed garden suite. Prior to a building permit being issued the owner will be required to enter into a Removal of Building Agreement, to address the removal of the garden suite use, registered on title or alternatively pay Development Charges. Development Engineering We have no objection to the temporary use of a garden suite on the subject property. This site is presently serviced with municipal water and sanitary sewer. Connections to the municipal water supply system must be made on the downstream side of the existing water meter. Roads and Transportation Services No concerns. Public Consultation: A notice of complete application was mailed to property owners and tenants within the surrounding area on June 12, The statutory notice of the public hearing was provided by newspaper along with a courtesy

3 mail out to property owners and tenants within a minimum of 120 metres of the property. The applicant was advised of the City s policy which recommends that applicants consult with their neighbours, ward councillor and key stakeholders to inform area residents on the application. As of the date of this report no correspondence or telephone inquiries with respect to the proposal have been received by the Planning Services Division. Planning Considerations: Garden suites are one (1) unit detached residential structures containing bathroom and kitchen facilities that are ancillary to a single detached dwelling and are designed to be temporary and/or portable. Garden suites are to be removed from the property when no longer needed. Official Plan Conformity The proposal to construct a second dwelling unit on the property in the form of a garden suite as a temporary use is supported from an Official Plan policy perspective for the following reasons: 1. One (1) garden suite is proposed accessory to a single detached dwelling. 2. The garden suite is proposed to be served by the existing municipal water and sanitary sewer services that serve the host. 3. The prevailing character of the surrounding area will not be negatively impacted by the proposed garden suite in the form of a detached garage; there is sufficient lot area to accommodate the garden suite. 4. The owner intends to remove or make the unit uninhabitable when it is no longer required as a garden suite. 5. No land use planning conflicts are envisioned as a result of this development proposal. Zoning By-law Conformity The subject lands are zoned R1-5, Low Density Residential One under By-law Z; the sketch submitted by the applicant indicates conformity with relevant R1-5 zoning provisions, including setbacks and lot coverage. The maximum height for a garden suite in the R1-5 Zone is 5.0 m (16.4 feet) which is the maximum height permitted for accessory structures in that zone. Summary The applicants are proposing an accessory garden suite in the form of a detached garage on the subject lands. The owner is advised that a building permit will be required, with plans demonstrating compliance with the applicable building codes. Council has the discretion to request an agreement addressing the removal or conversion of the garden suite to a non-residential use and other matters to ensure that the intent of garden suite legislation is maintained. The initial approval is for ten years, with three year extensions possible thereafter. The owner has been advised that once the garden suite is no longer required for its intended purpose, the City shall be notified, and the dwelling unit must be removed or otherwise made uninhabitable. Planning Services Division recommends that the application to amend By-law Z in order to permit a garden suite in the form of a detached garage as a temporary use be approved.

4 Leroux R1-5(6) RU(5) M1 LOT 4 CON 3 RU RU 3073 RU 3089 R LOT 4 CON 2 Aurore 452 Bathurst R RU(27) R Leonard Omer Rita Growth and Development Department Ü Joanette Balfour 144 Aurore Subject Property being PIN , Pcl SWS, Lot 4, Plan M-421, Lot 4, Con. 2, Twp. of Balfour, 3123 HIghway 144, Chelmsford, City of Greater Sudbury Leonard NTS Sketch /15-08 Date:

6 PHOTO 1 SUBJECT LANDS, 3123 HIGHWAY 144, CHELMSFORD VIEWED LOOKING SOUTH FROM HIGHWAY 144 PHOTO HIGHWAY 144, WEST OF THE SUBJECT LANDS, VIEWED LOOKING SOUTH FROM HIGHWAY /15-8 PHOTOGRAPHY AUGUST 13, 2015

7 PHOTO HIGHWAY 144, NORTH OF THE SUBJECT LANDS, VIEWED LOOKING NORTH EAST FROM HIGHWAY 144 PHOTO HIGHWAY 144, EAST OF THE SUBJECT LANDS, VIEWED LOOKING SOUTH FROM HIGHWAY /15-8 PHOTOGRAPHY AUGUST 13, 2015

8 PHOTO AURORE DRIVE, SOUTH OF THE SUBJECT LANDS, VIEWED LOOKING NORTH WEST FROM AURORE DRIVE 751-5/15-8 PHOTOGRAPHY AUGUST 13, 2015

2229-2245 Kingston Rd Removal of a Holding Provision (H) Application Final Report

STAFF REPORT ACTION REQUIRED 2229-2245 Kingston Rd Removal of a Holding Provision (H) Application Final Report Date: May 29, 2015 To: From: Wards: Reference Number: Scarborough Community Council Director,