Town of Newmarket
Agenda
Committee of Adjustment

Meeting #:

Date:

Wednesday, August 25, 2021

Time:

9:30 A.m. - 11:30 A.m.

Location:

Electronic VIA ZOOM

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1.

Public Notice

At this time, the Municipal Offices remain closed to the public. This meeting will be streamed live at newmarket.ca/meetings.

2.

Conflict of Interest Declarations

3.

Appeals

Nil

4.

Approval of Minutes

4.1

Minutes of the regular hearing held on Wednesday, July 21, 2021.

• That the Minutes of the regular hearing held on July 21, 2021 be accepted. 

5.

Deferred Applications

5.1

Consent Application D10-B05-21

Di Rezze, Giovanni

90 Howard Road, Town of Newmarket

LT 75 PL 385 EAST GWILLIMBURY; TOWN OF NEWMARKET

• That Consent Application D10-B05-21 be granted, subject to the following conditions:

  1. That the Owner obtain relief from the provisions of the Zoning By-law for reduced frontage as set forth in Minor Variance Applications D13-A18-21 and D13-A19-21;
  2. That the applicant be advised that prior to the issuance of any demolition or building permit compliance will be required with the provisions of the Town’s Tree Preservation, Protection, Replacement and Enhancement Policy including tree protection and securities;
  3. That the applicant be advised that they will be required to obtain municipal servicing for both lots independently, at their own cost, prior to any building permit being issued;
  4. That prior to any demolition, the owner be required to enter into a leading site plan agreement with the Town addressing matters such as, but not limited to: lot grading, storm drainage, municipal servicing, tree protection and compensation, parkland dedication, built form compatibility, easements, and other matters for the development of the severed lands and remaining lands;
  5. That the Owner be required to provide to the satisfaction of the Secretary-Treasurer of the Committee of Adjustment the following:
     1. proof of payment of all outstanding taxes and local improvement charges owing to date against the subject lands;
     2. three white prints of a deposited reference plan showing the subject land, which conforms substantially to the application as submitted;
     3. required transfers to effect the severance and conveyance applied for under Consent Application D10-B05-21, and issuance by the Secretary-Treasurer of the certificate required under subsection 53(42) of the Planning Act;
     4. proof that they have registered on title easements for Bell Canada infrastructure under the property; and,
  6. That failure to comply with and maintain the conditions of the Committee shall render the approval null and void.

  The consent meets the relevant requirements of the Official Plan and Zoning By-law, and is recommended to be granted subject to conditions.

5.2

Minor Variance Application D13-A18-21

Di Rezze, Giovanni

90 Howard Road, Town of Newmarket

LT 75 PL 385 EAST GWILLIMBURY; TOWN OF NEWMARKET

• That Applications for Minor Variance D13-A18-21 and D13-A19-21 be granted, subject to the following conditions:

  1. That the variance pertains only to the request as submitted with the application; and,
  2. That failure to comply with and maintain the conditions of the Committee shall render the approval null and void.

  The relief as requested:

  1. is minor in nature;
  2. conforms to the general intent and purpose of the Official Plan and Zoning By-law; and
  3. is considered desirable for the appropriate development of the lot

5.3

Minor Variance Application D13-A19-21

Di Rezze, Giovanni

0 Howard Road, Town of Newmarket

LT 75 PL 385 EAST GWILLIMBURY; TOWN OF NEWMARKET

• That Applications for Minor Variance D13-A18-21 and D13-A19-21 be granted, subject to the following conditions:

  1. That the variance pertains only to the request as submitted with the application; and,
  2. That failure to comply with and maintain the conditions of the Committee shall render the approval null and void.

  The relief as requested:

  1. is minor in nature;
  2. conforms to the general intent and purpose of the Official Plan and Zoning By-law; and
  3. is considered desirable for the appropriate development of the lot

6.

Items

6.1

Minor Variance Application D13-A25-21

Johnson, Lena & Johnson, Kerry

971 Ivsbridge Boulevard, Newmarket, ON

PCL 152-1 SEC 65M2775; LT 152 PL 65M2775; TOWN OF NEWMARKET

• That Minor Variance Application D13-A25-21 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;
  3. That the development be substantially in accordance with the information and site plan submitted with the application; and,
  4. That failure to comply with and maintain the conditions of the Committee shall render the approval null and void.

  The relief as requested:

  1. is minor in nature;
  2. conforms to the general intent and purpose of the Official Plan and Zoning By-law; and
  3. is considered desirable for the appropriate development of the lot

6.2

Minor Variance Application D13-A26-21

Deerfield 3 Gp Inc.

200 Deerfield Road, Newmarket, ON

PART LOT 5,6 PLAN 32 WHITCHURCH, PARTS 9,10,11,24 65R38726 TOGETHER WITH AN EASEMENT OVER PART LOT 4, PLAN 32, BEING PARTS 2 & 3, 65R38522 AS IN YR2129520 SUBJECT TO AN EASEMENT OVER PARTS 9,10,11 65R38726 AS IN YR3060510 TOWN OF NEWMARKET

• That Minor Variance Application D13-A26-2021 be approved, subject to the following conditions:

  1. That the variance pertains only to the request as submitted with the application; and,
  2. That the development be substantially in accordance with the information submitted with the application.
  3. That the owner is to enter into an agreement with the Town amending an agreement dated August 16, 2019 pursuant to Section of 37 of the Planning Act to permit a 10 storey building per the approval conditions of the development, if applicable.
  4. That failure to comply with and maintain the conditions of the Committee shall render the approval null and void.

  The relief as requested:

  1. is minor in nature;
  2. conforms to the general intent and purpose of the Official Plan and Zoning By-law; and
  3. is considered desirable for the appropriate development of the lot

6.3

Minor Variance Application D13-A27-21

Smith, Christopher Douglas & Smith, Amy Kristina

258 Lorne Avenue, Newmarket, ON

PLAN 350 LOT 28

• That Minor Variance Application D13-A27-2021 be approved, subject to the following conditions:

  1. That the variance pertains only to the request as submitted with the application; and,
  2. That the development be substantially in accordance with the information submitted with the application.
  3. That the existing detached garage is demolished.
  4. That the applicant submits a sealed grading plan designed and stamped by a P.Eng of Ontario to the Town, complying with the Town standards for grading and drainage requirements.
  5. 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.
  6. That failure to comply with and maintain the conditions of the Committee shall render the approval null and void.

  The relief as requested:

  1. is minor in nature;
  2. conforms to the general intent and purpose of the Official Plan and Zoning By-law; and
  3. is considered desirable for the appropriate development of the lot

7.

Adjournment

• That the Hearing be adjourned.