The meeting of the
Committee of Adjustment was held on Wednesday, December 16th, 2015 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-A17-15 GERRITS, Adam
GERRITS,
Randall
Lot 8, Plan
376
299 Avenue
Road
Town of
Newmarket
Adam
and Randall Gerrits of 299 Avenue Road, NEWMARKET, ON L3Y 1N8, addressed the
Committee and provided the following comments:
·
would
like to build on to existing home
·
want
to add second storey to current footprint
The
following correspondence was received and considered by the Committee regarding
the application:
1. Report
from Linda Traviss, Senior Planner - Development dated December 11, 2015;
2. Memorandum
from V. Klyuev, Senior Engineering Development Coordinator – Residential dated December
5, 2015;
3. Memorandum
from David Potter, Chief Building Official dated December 2, 2015;
4. E-mail
from Kevin Jarus, Development Planner, Lake Simcoe Region Conservation
Authority dated December 14, 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 December 3, 2015.
There
were no comments from the public on this application.
Moved by Peter Mertens
Seconded by Betty Dykstra
THAT Minor Variance Application
D13-A17-15 be approved, subject to the following conditions:
1. that the variances pertain only to the request as
submitted with the application;
2. that development be substantially in accordance with
the plans submitted with the application;
3. that the owner 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
the items identified by the Town’s Consulting Arborist in a report dated
December 7, 2015.
as the Minor Variance
Application:
(1) appears to be minor in nature as the impact on
adjacent properties will be minimal;
(2) conforms to the intent and purpose of the Official
Plan and Zoning Bylaw as both documents permit detached dwellings; and
(3) does not adversely affect the character of the
neighbourhood as the use is permitted and is desirable for the appropriate
development or use of the land, buildings or structures.
CARRIED
D13-A21-15 MCKAY, Grant
VAN DEN
ELZEN, Nell
Part Lot 16,
Plan 85
296 Ellen
Street
Town of
Newmarket
Nell Van den Elzen of 296 Ellen
Street, NEWMARKET, ON L3Y 4C6, addressed the Committee and provided the
following comments:
·
wish
to have driveway off Andrew Street
·
currently
only have parking for 1 car in driveway
·
requesting
driveway off Andrew Street for their 2 vehicles
The
following correspondence was received and considered by the Committee regarding
the application:
1. Report
from Ted Horton, Planner dated December 3, 2015;
2. Memorandum
from V. Klyuev, Senior Engineering Development Coordinator – Residential dated December
7, 2015;
3. Memorandum
from David Potter, Chief Building Official dated December 2, 2015;
4. E-mail
from Kevin Jarus, Development Planner, Lake Simcoe Region Conservation
Authority dated December 14, 2015;
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 December 3, 2015; and
6. Letter
from Richard Waddell of 292 Ellen Street, NEWMARKET, ON L3Y 4C6 dated November
17, 2015.
There
were no further comments from the public on this application.
Moved by Fred Stoneman
Seconded by Elizabeth Lew
THAT Minor Variance
Application D13-A21-15 be approved, subject to the following conditions:
1. That the variance pertains only to the requests as
submitted with the application; and
2. That the existing driveway on the east side of the
property be removed and returned to a planted condition akin to the rest of the
lawn of the subject land; and
3. That the development be substantially in accordance with
the sketch submitted with the application.
as the Minor Variance
Application:
(1) appears to be minor in nature as the impact on
adjacent properties appears to be minimal due to the orientation of the
existing properties’ driveways; and
(2) conforms to the general intent and purpose of the
Official Plan and Zoning By-law as both documents permit residential uses on
the property with driveways; and
(3) does not adversely affect the character of the
neighbourhood and is considered a desirable development of the lot.
CARRIED
D13-A26-15 HOPKINSON, Sydney John
Part Lot 2, Concession 3
being Parts 5 & 6, Plan
65R-12998
210 Pony Drive
Town of Newmarket
Annik
Forristal of McMillan LLP, 181 Bay Street, Suite 4400, TORONTO, ON M5J 2T3,
addressed the Committee and provided the following comments:
·
represent
Tidal Fitness Ltd.
·
authorized
by the owner
·
new
tenant and use is for a cross fit training centre
·
will
be holding 7 one hour classes per day to a maximum of 17 participants and 3
employees
·
peak
hours will be different than those of the other units
·
parking
justification report advised that there are 54 spaces and based on the usage only
20 would be required
·
maximum
used currently are 21 parking spaces, which would leave 13 spaces available
·
agree
with the staff report
·
will
be no negative impact on other units
·
have
letters of support from three of the other units
David Rose of 215 Pony Drive, NEWMARKET,
ON L3Y 7B5, addressed the Committee and provided the following comments:
·
not
in favour of the application
·
already
have parking issues at 215 Pony Drive
·
overflows
are parking on the street
Fred Stoneman inquired as to
where the overflow parking was coming from and Mr. Rose mentioned that it was
coming from 225 Pony Drive.
Mr. Stoneman also inquired as
to whether Mr. Rose had noticed any parking issues at 210 Pony Drive and Mr. Rose
mentioned that he had not noticed any issues.
Andrea Bourrie of MMM Group, 100
Commerce Valley Drive West, THORNHILL, ON L3T 0A1, addressed the Committee and
provided the following comments:
·
represent
business in Unit #3
·
the
business owner is not opposed to the variance and feels it will be a great
addition provided they comply with the business licencing provisions and the
zoning bylaw
·
the
parking will have an impact on the other businesses
·
concerns
may be addressed if there are 10 designated spaces for the business at Unit #3
·
will
there be a crossover between classes
·
her
client operates from 5 pm to 8 pm
·
want
to know how the parking situation will be enforced
·
not
appropriate for her client to contact the bylaw enforcement office for every
issue
Ted Horton mentioned that the
signage for individual businesses could be dealt with by the management of the
building as they have the ability to impose restrictions or the Committee could
impose a condition to deal with the signage on site.
The Chair mentioned that with
respect to designating parking spots for certain units, that this issue could
be resolved between the parties.
Peter
Mertens inquired as to what the other 3 uses were in the building and Ms.
Forristal mentioned that they were warehousing, edge metal and technology uses,
which all operate under regular business hours.
The
following correspondence was received and considered by the Committee regarding
the application:
1. Revised
report from Ted Horton, Planner dated December 15, 2015;
2. Memorandum
from M. Kryzanowski, Senior Transportation Coordinator dated December 7, 2015;
3. Memorandum
from M. Kryzanowski, Senior Transportation Coordinator dated December 9, 2015;
4. E-mail
from Kevin Jarus, Development Planner, Lake Simcoe Region Conservation
Authority dated December 14, 2015;
5. Memorandum
from David Potter, Chief Building Official dated December 3, 2015;
6. 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 December 8, 2015;
7. Letter
from Kim Delgado Sales Manager, Dixon Triconderoga Inc., 210 Pony Drive, Unit
1, NEWMARKET, ON L3Y 7B6 dated December 15, 2015;
8. E-mail
from Carolyn Jackson, Manager, Sales Operations, Dairy Quality Inc., 210 Pony
Drive, Unit 5, NEWMARKET, ON L3Y 7B6 dated November 26, 2015; and
9. Letter
from Len Robinson, The Edge Custom Coatings, 210 Pony Drive, Unit 4, NEWMARKET,
ON L3Y 7B6 dated December 15, 2015.
There
were no further comments from the public on this application.
Moved by Peter Mertens
Seconded by Fred Stoneman
THAT Minor Variance
Application D13-A26-15 be approved, subject to the following conditions:
1. That the variance pertains only to the requests as
submitted with the application; and
2. That the development be substantially in accordance with
the sketch submitted with the application; and
3. That no additional commercial athletic centre or
additional gross floor area devoted to a commercial athletic centre beyond that
of the current applicant is permitted on the subject lands.
as the Minor Variance
Application:
(1) appears to be minor in nature as the impact on
adjacent properties appears to be minimal due to ability to manage the parking
demand on-site; and
(2) conforms to the general intent and purpose of the
Official Plan and Zoning By-law as both documents permit commercial athletic
centre uses on the property; and
(3) does not adversely affect the character of the
neighbourhood and is considered a desirable development of the lot.
CARRIED
D13-A27-15 NADTOTCHII,
Iana
NADTOTCHII, Yurii
Units 5 & 6, Level 1
York Region Standard Condominium Plan
No. 992
1150 Kerrisdale Boulevard, Units 5
& 6
Town of Newmarket
Iana Nadtotchii of 46 Oak Avenue, RIVER DRIVE PARK, ON
L9N 1A2, addressed the Committee and provided the following comments:
·
operate
Big Top School of Circus Arts
·
have
been in operation for 20 years
·
were
previously tenants in similar units, however the units sold and they had to
move
·
looking
for properties with EM zoning and found 1150 Kerrisdale
·
parking
is not sufficient
·
cater
to children 3 to 14 years of age
·
parents
normally drop off the children
·
run
birthday parties on the weekends and summer camps
·
do
offer some adult classes
·
require
minimal parking
·
hours
of operation start at 5 pm Tuesday to Thursday, Saturday from 9 am and Sunday
if there are any birthday parties booked they open at 11:00 am.
The Chair mentioned that he had
concerns regarding the parking on Saturdays and Ms. Nadotochii mentioned that
there were usually only 3 cars in the parking lot on Saturdays and most of the
businesses do not operate on Saturday.
The
following correspondence was received and considered by the Committee regarding
the application:
1. Revised
report from Ted Horton, Planner dated December 15, 2015;
2. Memorandum
from M. Kryzanowski, Senior Transportation Coordinator dated December 7, 2015;
3. Memorandum
from David Potter, Chief Building Official dated December 3, 2015;
4. E-mail
from Kevin Jarus, Development Planner, Lake Simcoe Region Conservation
Authority dated December 14, 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 December 8, 2015.
There
were no comments from the public on this application.
Moved by Elizabeth Lew
Seconded by Betty Dykstra
THAT Minor Variance
Application D13-A27-15 be approved, subject to the following conditions:
1. That the variance pertains only to the requests as
submitted with the application; and
2. That the development be substantially in accordance with
the sketch submitted with the application; and
3. That no additional commercial athletic centre or
additional gross floor area devoted to a commercial athletic centre beyond that
of the current applicant is permitted on the subject lands.
as the Minor Variance
Application:
(1) appears to be minor in nature as the impact on
adjacent properties appears to be minimal due to ability to manage the parking
demand on-site; and
(2) conforms to the general intent and purpose of the
Official Plan and Zoning By-law as both documents permit commercial athletic
centre uses on the property; and
(3) does not adversely affect the character of the
neighbourhood and is considered a desirable development of the lot.
CARRIED
The Minutes of the meeting held on
Wednesday, November
18th, 2015
were placed before the Committee for consideration.
Moved by Peter Mertens
Seconded by Elizabeth Lew
THAT the Minutes of the Wednesday, November 18th, 2015 meeting be
approved as circulated.
CARRIED
Moved
by Fred
Stoneman
Seconded by Peter Mertens
THAT the Meeting adjourn.
CARRIED
The meeting adjourned at 10:15 a.m.
Dated Chair