The meeting of the Committee of
Adjustment was held on Wednesday, January 20th, 2016 at 9:30 a.m. in the Council Chambers at 395 Mulock
Drive, Newmarket.
The Meeting
was called to order at 9:30 a.m. in the Council Chambers to consider items on
the agenda.
Gino Vescio in the Chair.
The Chair called for conflicts
of interest. No
conflicts were declared at that time; however, members were invited to declare
a conflict of interest at any time during the meeting.
MINOR VARIANCE APPLICATIONS
D13-A28-15 GOODMAN, David
Lot 3, Plan
48
340 Timothy
Street
Town of
Newmarket
David
Goodman of 340 Timothy Street, NEWMARKET, ON L3Y 1P5, addressed the Committee
and provided the following comments:
·
wish
to build front porch on house
·
property
line is 6’ from house
·
porch
does conform with the character of the neighbourhood
Fred
Stoneman inquired as to how far the porch would be from the sidewalk and Mr.
Goodman mentioned that the property line would be approximately 4’ from the
sidewalk and the porch should be 1’ from the property line.
Ken
Smith inquired as to whether there would be steps down from the porch and if
they would be closer to the lot line and Mr. Goodman mentioned that the steps
would not be any closer to the lot line.
Dave
Ingram of 191 Brammar Street, NEWMARKET, ON L3Y 7T4, addressed the Committee
and inquired as to whether a new drawing should be submitted for the steps to
ensure compliance and the Chair advised that during the building permit
process, the steps would be reviewed for compliance at that time.
The
following correspondence was received and considered by the Committee regarding
the application:
1. Report
from Ted Horton, Planner dated January 6, 2016;
2. Memorandum
from Rick Bingham, Manager, Engineering Services dated January 11, 2016;
3. Memorandum
from David Potter, Chief Building Official dated December 22, 2015;
4. E-mail
from Kevin Jarus, Development Planner, Lake Simcoe Region Conservation
Authority dated December 21, 2015; and
5. E-mail
from Gabrielle Hurst, Programs and Process Improvement Section of the Planning
and Economic Development Branch, Corporate Services, The Regional Municipality
of York dated January 5, 2016.
There
were no further comments from the public on this application.
Moved by Peter Mertens
Seconded by Elizabeth Lew
THAT Minor Variance
Application D13-A28-15 be approved, subject to the following conditions:
1. That the variance pertains only to the request as
submitted with the application;
2. That the applicant be advised that prior to the issuance
of any building permit compliance will be required with the provisions of the
Town’s Tree Preservation, Protection, Replacement and Enhancement Policy; and
3. That the development be substantially in accordance with
the sketch submitted with the application.
as the Minor Variance
Application:
(1) is minor in nature as the impact appears to be minimal;
(2) conforms to the general intent and
purpose of the Official Plan and Zoning By-law; and
(3) does not adversely affect the
character of the neighbourhood and is
considered a desirable development of the lot.
CARRIED
D10-B04-15 RORA, Maksim
Lot 8 and
Part of Lot 7, Plan 24
648 Srigley
Street
Town of
Newmarket
D13-A24-15 RORA, Maksim
Part Lot 7
and Part Lot 8, Plan 24
Srigley
Street (new lot on west side of 648 Srigley Street)
Town of
Newmarket
D13-A25-15 RORA, Maksim
Part Lot 8,
Plan 24
648 Srigley
Street
Town of
Newmarket
Angela Sciberras of Macaulay
Shiomi Howson Ltd., 471 Timothy Street, NEWMARKET, ON L3Y 1P9, addressed the
Committee and provided the following comments:
·
acting
on behalf of Mr. Rora
·
filed
application to sever existing lot to permit 2 single family dwellings
·
site
has an existing dwelling with 2 rental units
·
frontage
will be less than zoning bylaw requires
·
the
area is unusual
·
variances
are only for frontage and the building will meet all other requirements of the
zoning bylaw
·
building
footprint will be reduced on one lot due to LSRCA restrictions
·
owner
intends on residing on one of the lots and will sell the westerly property
·
willing
to work on design with the Town
Mr. Smith inquired as to
whether they had submitted a footprint of the proposed building and Ms.
Sciberras mentioned that a footprint had been submitted and there will be no
more requests for variances on the lots.
Peter Mertens asked if the
footprint shows the setbacks and Ms. Sciberras mentioned that the setbacks are
3 metres on either side.
Mr. Stoneman asked how long Mr.
Rora has owned the property and Mr. Rora mentioned that he has had ownership of
the property for 2 ½ years.
Mr. Mertens inquired as to
whether reducing the frontage from 15 metres to 12 metres was indeed minor in
nature and Linda Traviss mentioned that the staff report had deemed it
appropriate.
There was a discussion
regarding the sizes of the lots in the area and the numerous lots that had been
considered by Ms. Traviss for her planning report.
Ms. Sciberras mentioned that
the properties at 658, 654 and 644 Srigley were all rental units. 654 has 8
units and if demolished the use would no longer be permitted. This consent
application is creating a legal status for two units.
Lori Rose of 189 Mary Street,
NEWMARKET, ON L3Y 3P9, addressed the Committee and
inquired as to
whether the new home would be on the existing footprint and had concerns
regarding drainage and the Chair advised that the homes would not be built on
the existing footprint, as there would be two new homes and the existing house
would be demolished. The Chair also mentioned that the new buildings would
have to comply with the zoning bylaw and drainage would be addressed during the
site plan agreement stage.
Dave
Ingram of 191 Brammar Street, NEWMARKET, ON L3Y 7T4, addressed the Committee
and provided the following comments:
·
concerns
regarding use and size of lots
·
approval
of applications would be opening a Pandora’s box
The
following correspondence was received regarding D10-B04-15 and considered by
the Committee regarding the application:
1. Report
from Linda Traviss, Senior Planner - Development dated January 14, 2016;
2. Memorandum
from Rick Bingham, Manager, Engineering Services dated January 11, 2016;
3. Memorandum
from David Potter, Chief Building Official dated December 22, 2015;
4. Letter
from Kevin Jarus, Development Planner, Lake Simcoe Region Conservation
Authority dated January 5, 2016;
5. E-mail
from Gabrielle Hurst, Programs and Process Improvement Section of the Planning
and Economic Development Branch, Corporate Services, The Regional Municipality
of York dated January 5, 2016;
6. Letter
from Peter M. Green, Director, Capital Development, Southlake Regional Health
Centre dated January 11, 2016;
7. E-mail
from Dennis De Rango, Specialized Services Team Lead, Hydro One dated December
30, 2015;
8. Letter
from Lily Apa, Planning Coordinator, Rogers Communications dated December 30,
2015; and
9. Letter
from Nikki DeGroot, Municipal Planning Advisor, Distribution Planning &
Records, Enbridge Gas Distribution dated January 9, 2016.
The
following correspondence was received regarding D13-A24-15 and considered by
the Committee regarding the application:
1. Report
from Linda Traviss, Senior Planner - Development dated January 14, 2016;
2. Memorandum
from Rick Bingham, Manager, Engineering Services dated January 11, 2016;
3. Memorandum
from David Potter, Chief Building Official dated December 22, 2015;
4. Letter
from Kevin Jarus, Development Planner, Lake Simcoe Region Conservation
Authority dated January 5, 2016; and
5. E-mail
from Gabrielle Hurst, Programs and Process Improvement Section of the Planning
and Economic Development Branch, Corporate Services, The Regional Municipality
of York dated January 5, 2016.
The
following correspondence was received regarding D13-A25-15 and considered by
the Committee regarding the application:
1. Report
from Linda Traviss, Senior Planner - Development dated January 14, 2016;
2. Memorandum
from Rick Bingham, Manager, Engineering Services dated January 11, 2016;
3. Memorandum
from David Potter, Chief Building Official dated December 22, 2015;
4. Letter
from Kevin Jarus, Development Planner, Lake Simcoe Region Conservation
Authority dated January 5, 2016; and
5. E-mail
from Gabrielle Hurst, Programs and Process Improvement Section of the Planning
and Economic Development Branch, Corporate Services, The Regional Municipality
of York dated January 5, 2016.
There
were no further comments from the public on this application.
Moved by Fred Stoneman
Seconded by Peter Mertens
Opposed by Gino Vescio
THAT Consent Application D10-B04-15
be approved, subject to the following conditions:
a. the Owner enter into a
leading site plan agreement for the future development of the subject and
retained lands dealing with all matters, financial, servicing, grading and
storm drainage design and otherwise including the payment of a parkland
contribution in accordance with the provisions of the Planning Act, R.S.O.
1990, to the satisfaction of the Town;
b. the Owner grant to the Town
at no cost a 2.0 metre road widening across the frontage of the subject and
retained lands;
c. the Owner provide three white
prints of a deposited reference plan of survey that substantially conforms to
the application as approved by Committee; and
d. the
Owner obtain relief from the provisions of the Zoning By-law for reduced lot
frontage as set forth in Minor Variance Applications D13-A24-15 and D13-A25-15.
as the proposed consent
application:
provided relief is obtained for reduced lot
frontage, would conform with the purpose and intent of the Official Plan and
the Zoning By-law, as amended. The owner will be required to enter into a site
plan agreement with the Town and to obtain the necessary relief from the Zoning
By-law for reduced lot frontage for the subject and remaining lands. The
consent would not adversely affect the character of the neighbourhood and is
desirable for the appropriate development and land use.
CARRIED
Moved by Fred Stoneman
Seconded by Peter Mertens
Opposed by Gino Vescio
THAT Minor Variance
Applications D13-A24-15 and D13-A25-15 be approved, subject to the following
conditions:
a. that
the variances pertain only to the requests as submitted with the applications;
b. that
development be substantially in accordance with the “Proposed Building
Footprint” submitted with the applications;
c. that
the owner be advised that prior to the issuance of any building permits
compliance will be required with the provisions of the Town’s Tree
Preservation, Protection, Replacement and Enhancement Policy and the items
identified by the Town’s Consulting Arborist in a report dated December 7,
2015; and
d. that
the owner be advised that prior to any development or site alteration occurring
on the severed or retained lands a permit will be required from the Lake Simcoe
Region Conservation Authority.
as the Minor Variance
Applications:
(1) appear to be minor in nature as the
impact on adjacent properties will be minimal;
(2) conform to the intent and purpose of
the Official Plan and Zoning By-law as the new lots will be of sufficient size;
and
(3) do not adversely affect the character
of the neighbourhood and is desirable for the appropriate development or use
of the land, buildings or structures.
CARRIED
The Minutes of the meeting held on
Wednesday, December
16th, 2015
were placed before the Committee for consideration.
Moved by Peter Mertens
Seconded by Elizabeth Lew
THAT the Minutes of the Wednesday, December 16th, 2015 meeting be
approved as circulated.
CARRIED
Moved
by Fred
Stoneman
Seconded by Elizabeth Lew
THAT the Meeting adjourn.
CARRIED
The meeting adjourned at 10:25 a.m.
Dated Chair