The meeting of the Committee of Adjustment was
held on Wednesday, November
18th, 2015 at 9:30 a.m. in the Council Chambers at 395 Mulock
Drive, Newmarket.
The Meeting was called to order
at 9:32 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-A20-15 TOOMBS,
Darcy
GILBERT,
Michelle
Part
Lot 19, Plan 222
406
Tecumseth Street
Town
of Newmarket
Darcy Toombs of 406 Tecumseth
Street, NEWMARKET, ON L3Y 2B1, addressed the Committee and provided the
following comments:
·
have
lived in the house for 4 ½ years
·
wish
to build a home to suit their expanding family
·
require
some minor variances to fit the house on the property
Fred Stoneman inquired as to
what the 3rd storey would be used for and could it be finished off
in the future. Mr. Toombs mentioned that it would be used for storage and
attic space and that it was not his intention to finish the 3rd storey.
Mr. Stoneman also inquired as
to where the height of the house is calculated from and what the height is to
the peak and Mr. Toombs mentioned that it is taken to the median roof line and
that he was not sure of the measurement to the peak, however, he believed it
was 10.75 metres.
Mr. Stoneman asked staff if
they agreed with the way the height is calculated and was this for the entire
area and Linda Traviss mentioned that this was a provision of the zoning bylaw which
applied to the Town of Newmarket and that it is common practice through Ontario
to calculate building height this way.
Peter Mertens inquired as to
whether the Heritage Committee is circulated with regards to demolition of the house
and Ms. Traviss mentioned that the property is not designated, nor is it on the
list of properties of interest to the Heritage Committee and therefore, there
is no need to consult them.
Ken Smith inquired as to what
is so unique about the plan and why the applicants could not build within the
guidelines. Mr. Toombs mentioned that there were challenges pushing the house
back on the lot, as the property is only approximately 90’ in depth and that
the current home is only 13 cm further back than the proposed house.
Mr. Stoneman inquired as to
whether there was a full basement and Mr. Toombs advised that there was.
The Chair inquired as to the
area above the garage and what the future plans are for this space and Mr.
Toombs advised that it would be a living room or family room. The square
footage not including the garage space is 2,726 sq. ft. and including the garage
area would be 3,234 sq. ft.
Elizabeth Girard of 412 Tecumseth Street,
NEWMARKET, ON L3Y 2B1, addressed
the Committee and made a presentation (copy of presentation is attached and
marked as Schedule A).
Mr.
Stoneman asked what the height of their home was and Ms. Girard mentioned that
it was a 1 ½ storey home.
The following correspondence
was received and considered by the Committee regarding the application:
1.
Report
from Linda Traviss, Senior Planner - Development dated November 12, 2015;
2.
Memorandum
from Rick Bingham, Manager, Engineering Services dated November 6, 2015;
3.
E-mail
from Kevin Jarus, Development Planner, Lake Simcoe Region Conservation
Authority dated November 5, 2015;
4.
Comments
from David Potter, Chief Building Official dated November 11, 2015; and
5.
E-mail
from Vick Bilkhu, Development Review Coordinator, Community Planning,
Transportation and Community Planning Department, The Regional Municipality of
York dated November 3, 2015.
There were no further comments
from the public on this application.
Moved by Gino Vescio
Seconded by Peter Mertens
THAT Minor Variance Application D13-A20-15 be approved, subject to the
following conditions:
1. that the variances pertain only to the construction of a 2 storey
dwelling;
2.
that development be substantially in accordance with the
Site Plan submitted with the application;
3.
that the applicants 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
October 3, 2015; and
4.
that the applicants be advised that prior to the
issuance of any building permit, the owners will be required to enter into a
site plan agreement with the Town for the development of the subject lands.
as the Minor Variance Application:
(1) as submitted is not minor in nature,
however, a 2 storey dwelling appears to be minor in nature as the impact on
adjacent properties will be negligible;
(2) conforms to the general 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-A22-15 HOWIE,
Chris
Lot
3, Plan 34
299
Second Street
Town
of Newmarket
Chris Howie of 191 Park Avenue, NEWMARKET, ON L3Y
1T9, addressed the Committee and provided the following comments:
·
have
lived in Newmarket since 1977
·
purchased
the property last May
·
wish
to build a second storey on the home within the existing footprint
·
hoping
this would promote others in the area to upgrade their homes
John Gallaway of 295 Second
Street, NEWMARKT, ON L3Y 3W5, addressed the Committee and advised that he had
spoken to Mr. Howie and had no issues with the proposal.
The following correspondence
was received and considered by the Committee regarding the application:
1.
Report
from Ted Horton, Planner dated November 11, 2015;
2.
Memorandum
from Rick Bingham, Manager, Engineering Services dated November 4, 2015;
3.
E-mail
from Kevin Jarus, Development Planner, Lake Simcoe Region Conservation
Authority dated November 5, 2015;
4.
Comments
from David Potter, Chief Building Official dated November 11, 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 November 4, 2015;
6.
Letter
from Peter Lozier of 307 Second Street, NEWMARKET, ON L3Y 3W5 dated November
7, 2015; and
7.
Letter
from Brad Boland of 300 Prospect Street, NEWMARKET, ON L3Y 3V2 dated November
7, 2015.
There were no further comments
from the public on this application.
Moved by Peter Mertens
Seconded by Elizabeth Lew
THAT Minor Variance Application D13-A22-15 be approved, subject to the
following conditions:
1. That the variance pertains only to the requests 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
with the items identified by the Town’s Consulting Arborist in a report dated
November 10, 2015; 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 on adjacent properties appears to be
minimal;
(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; and
(3) does not adversely affect
the character of the neighbourhood and is considered a desirable development of the lot.
CARRIED
D13-A23-15 FULIGNI,
Dan
FULIGNI,
Shirley
Lot
4, Plan 435
187
Queen Street
Town
of Newmarket
Dan Fuligni of 187 Queen
Street, NEWMARKET, ON L3Y 2G1, addressed the Committee and provided the
following comments:
·
building
a garage 24’ x 24’
·
variance
was approved in 2000, however, the bylaw changed and the variance was not
incorporated
·
previous
variance was for a larger garage
The following correspondence
was received and considered by the Committee regarding the application:
1.
Report
from Linda Traviss, Senior Planner - Development dated November 11, 2015;
2.
Memorandum
from Rick Bingham, Manager, Engineering Services dated November 6, 2015;
3.
E-mail
from Kevin Jarus, Development Planner, Lake Simcoe Region Conservation
Authority dated November 5, 2015;
4.
Comments
from David Potter, Chief Building Official dated November 11, 2015;
5.
E-mail
from Vick Bilkhu, Development Review Coordinator, Community Planning,
Transportation and Community Planning Department, The Regional Municipality of
York dated November 3, 2015; and
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 November 4, 2015.
There were no comments from the
public on this application.
Moved by Fred Stoneman
Seconded by Ken Smith
THAT Minor Variance Application D13-A23-15 be approved, subject to the
following conditions:
1. that the variances pertain only to the request as
submitted with the application; and
2. that 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 will be negligible;
(2) conforms to the general
intent and purpose of the Official Plan and Zoning Bylaw as both documents permit
accessory structures; and
(3) does not adversely affect
the character of the neighbourhood as the use is permitted and normally
contemplated as an accessory use to a detached dwelling and is desirable for
the appropriate development or use of the land, buildings or structures.
CARRIED
The Minutes of the meeting held on Wednesday, October 21st, 2015 were placed before
the Committee for consideration.
Moved by Peter Mertens
Seconded by Ken Smith
THAT the Minutes of the Wednesday, October 21st, 2015 meeting be
approved as circulated.
CARRIED
Moved by Fred
Stoneman
Seconded by Elizabeth
Lew
THAT the meeting dates for
hearings for the year 2016 be scheduled as follows:
|
Wednesday,
January 20, 2016
|
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Wednesday,
February 17, 2016
|
|
Wednesday,
March 16, 2016
|
|
Wednesday,
April 20, 2016
|
|
Wednesday,
May 18, 2016
|
|
Wednesday,
June 15, 2016
|
|
Wednesday,
July 20, 2016
|
|
Wednesday,
August 17, 2016
|
|
Wednesday,
September 21, 2016
|
|
Wednesday,
October 19, 2016
|
|
Wednesday,
November 16, 2016
|
|
Wednesday,
December 21, 2016
|
CARRIED
Moved by Fred Stoneman
Seconded by Ken Smith
THAT the Meeting adjourn.
CARRIED
The meeting adjourned at 10:35 a.m.
Dated Chair