The meeting of the Committee of
Adjustment was held on Wednesday, August 17th, 2016 at 9:30 a.m. in the Council Chambers at 395 Mulock
Drive, Newmarket.
The Meeting
was called to order at 9:34 a.m. in the Council Chambers to consider items on
the agenda.
Gino Vescio in the Chair.
The Chair called for conflicts
of interest. A
conflict of interest was declared by the Chair in respect to Minor Variance
Application No. D13-A08-16. Members
were invited to declare a conflict of interest at any time during the meeting.
MINOR VARIANCE APPLICATIONS
D13-A07-16 LI, De & LI,
Zhihui
Lot 167,
Plan 65M-2734
138 Keffer
Circle
Town of
Newmarket
Mr.
De Li of 138 Keffer Circle, NEWMARKET, ON L3X 1R8, addressed the Committee and
provided the following comments:
·
New
to community and bought house with unfinished basement
·
Wants
to build accessory dwelling unit and needs four exterior parking spaces
·
Accessory
dwelling unit will provide extra income to cover cost of house and create an
affordable housing unit
·
Agrees
with comments and conditions provided in planning report
The
following correspondence was received and considered by the Committee regarding
the application:
1. Report
from Ted Horton, Planner dated August 9, 2016;
2. Memorandum
from Mark Kryzanowski, Manager, Transportation Services dated August 3, 2016;
3. Memorandum
from David Potter, Chief Building Official dated August 10, 2016;
4. Letter
from Melinda Bessey, Development Planner, Lake Simcoe Region Conservation
Authority dated August 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 August 5, 2016.
There
were no comments from the public on this application.
Moved by Fred Stoneman
Seconded by Elizabeth Lew
THAT Minor Variance
Application D13-A07-16 be approved, subject to the following conditions:
1. That the applicants enter into an agreement with the
Town stating that as long as there is an Accessory Dwelling Unit in the
dwelling unit that the garage remain available to park two (2) cars;
2. That the agreement is registered on title of the
property;
3. That the variance pertains only to the requests as
submitted with the application; and
4. That the development be substantially in accordance with
the information 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; and
(3) does not adversely affect the
character of the neighbourhood and is
considered a desirable development of the lot.
CARRIED
D13-A09-16 GONZALES, Nelo
& SANTIAGO, Nereyda
Lot 35, Plan
M-67
33 London
Road
Town of
Newmarket
Margie
Gonzales of 33 London Road, NEWMARKET, ON L3Y 6A1, addressed the Committee and
provided the following comments:
·
Proposing
second storey on top of existing garage instead of doing rear addition
The
following correspondence was received and considered by the Committee regarding
the application:
1. Report
from Ted Horton, Planner dated August 3, 2016;
2. Memorandum
from Rick Bingham, Manager, Engineering Services dated August 4, 2016;
3. Memorandum
from David Potter, Chief Building Official dated August 10, 2016;
4. Letter
from Melinda Bessey, Development Planner, Lake Simcoe Region Conservation
Authority dated August 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 August 5, 2016;
There
were no comments from the public on this application.
Moved by Peter Mertens
Seconded by Ken Smith
THAT Minor Variance
Application D13-A04-16 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
3.
That the development be substantially in accordance with
the information 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; and
(3) does not adversely affect the
character of the neighbourhood and is
considered a desirable development of the lot.
CARRIED
D13-A10-16 WITHERSPOON, Scott
WOOD,
William & WOOD, John
Lot 15, Plan
376
236 Stanley
Street
Town of
Newmarket
Scott
Witherspoon of 313 Avenue Road, NEWMARKET, ON L3Y 1N8, addressed the Committee
and provided the following comments:
·
Wants
to make existing bungalow two storey dwelling
Fred
Stoneman asked if there had been any conversation with the neighbours and Mr.
Witherspoon advised he had not spoken to anyone.
Ken
Smith inquired if Mr. Witherspoon had seen the Town report and had any
comments. Mr. Witherspoon advised he had on further comments.
The
following correspondence was received and considered by the Committee regarding
the application:
1. Report
from Ted Horton, Planner dated August 10, 2016;
2. Memorandum
from Rick Bingham, Manager, Engineering Services dated August 4, 2016;
3. Memorandum
from David Potter, Chief Building Official dated August 10, 2016;
4. Letter
from Melinda Bessey, Development Planner, Lake Simcoe Region Conservation
Authority dated August 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 August 5, 2016
There
were no comments from the public on this application.
Moved by Peter Mertens
Seconded by Elizabeth Lew
THAT Minor Variance
Application D13-A10-16 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
3. That the development be substantially in accordance with
the information 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; and
(3) does not adversely affect the
character of the neighbourhood and is considered
a desirable development of the lot.
CARRIED
CONSENT APPLICATION
D10-B02-16 RAZAVI, Amir &
GHAHREMANI, Shirin
Lot 11, Plan
344
66
Roxborough Road
Town of
Newmarket
Shawn Aryan of Homelife Bayview
Realty Inc., 505 Highway 7 East, Unit 201, THORNHILL ON L3T 7T1, addressed the
Committee and provided the following comments:
·
Acting
on behalf of owners
·
Proposing
severance to create two lots; one with 15m frontage and one with 19.5m frontage
·
Has
seen Planning Report and agrees with recommendations in report
Gino Vescio inquired as to what
type of homes were proposed. Mr. Aryan advised that the homes would be two
storey with walkout basements. He further advised the property is subject to
some flooding at the back and he has contacted the Conservation Authority and
will be keeping the homes away from the floodzone area.
Fred Stoneman asked when the
owners purchased the property. Mr. Aryan advised the property closed in June
2016 and the owner waited until after the closing date to submit the
application.
Gino Vescio inquired if there
was a map indicating the sizes of the other lots in the area. Mr. Horton
provided a map showing the frontages of the lots in the area for Committee to
view.
Mr. Aryan provided Committee
with a copy of the elevations for the proposed new dwellings.
Gino Vescio noted that the lot
frontages in the area were varied with some being 15m, some 18m and some in
excess of 20m.
Ms. Veronique Grandioux of 79
Roxborough Road, NEWMARKET ON L3Y 3L2 addressed Committee and advised that she
had lived on the street for a number of years and was pleased to see
improvement to these lots. She further stated that the proposed development
was in keeping with the neighbourhood.
The following correspondence
was received by the Committee regarding the applications:
1. Report form Ted
Horton, Planner dated August 10, 2016;
2. Memorandum from
Arborvalley Urban Forestry Co. Inc. dated August 2, 2016;
3. Memorandum from
David Potter, Chief Building Official dated August 10, 2016;
4. Memorandum from Victoria
Klyuev, Manager, Engineering Services dated August 9, 2016;
5. Letter from Melinda
Bessey, Development Planner, Lake Simcoe Region Conservation Authority dated August
5, 2016;
6. Letter from Allison
Sadler, Municipal Planning Advisor, Enbridge dated August 9, 2016;
7. Email from Connie
Leigh, Bell Canada, Right of Way dated August 4, 2016;
8. Email from Dennis De
Rango, Specialized Services Team Lead, Hydro One dated August 4, 2016;
9. Letter from Lily
Apa, Planning Coordinator, Rogers dated August 3, 2016;
10. Email from Dan Della Mora,
Corridor Management Planner, Highway Corridor Management Section Ministry of
Transportation dated August 15, 2016; and
11. Email from Jennifer Tedford, 80
Roxborough Road, Newmarket ON L3Y 3L2 dated August 17, 2016
There
were no further comments from the public on this application.
Moved by Fred Stoneman
Seconded by Peter Mertens
THAT Consent Application D10-B02-16
be approved, subject to the following conditions:
- That
prior to the issuance of the Certificate of Official, that the owner be
required to obtain a demolition permit and remove the existing structures
on the lot;
- 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
- That
the applicant be required to submit a geotechnical report to the
satisfaction of the LSRCA which assesses the identified apparent valleylands
on the property and identifies a stable top of bank and appropriate
building envelope on the proposed lot; and
- That
the owner submit a site plan with topographic information to the
satisfaction of the LSRCA confirming that the proposed building envelope
is outside of the identified floodplain area on the proposed lot; and
- That
the owner be advised that a permit from the LSRCA will be required prior
to any site alteration or development within the area on the site
regulated by Ontario Regulation 179/06 under the Conservation Authorities
Act; and
- That
the owner be required to convey to the Town an area of property not less
than 5 metres by 5 metres at the intersection of Queen Street and
Roxborough Road for the purposes of a daylighting triangle, and that such
a daylighting triangle shall be included on the proposed plan for
registration (M Plan) and on all engineering drawings; and
- That
the applicant be advised that they will be required to obtain municipal
servicing for both lots independently prior to any building permit; and
- That
the owner be required to enter into a site plan agreement addressing
matters including lot grading, storm drainage, municipal servicing, and
other matters with the Town for the development of the subject and
remaining lands.
as the Consent Application:
is an appropriate
division of land that meets the relevant requirements of the Zoning By-law,
Official Plan, and matters of Provincial interest.
CARRIED
Gino
Vescio left the Chair. Fred Stoneman took the chair to hear the following
application:
D13-A08-16 SCREEN, Ernest
& SCREEN, Kimberley
Part Block
215, Plan 65M-3009
Parts 54, 55
and 56, Plan 65R-19141
253 Denise
Circle
Town of
Newmarket
Ernest
Screen of 253 Denise Circle, NEWMARKET, ON L3X 2K1, addressed the Committee
and provided the following comments:
·
Moved
in one year ago; has 4 adults with cars living at the home
·
Hired
AMPAC to widen driveway; not aware of by-laws
·
Advised
other driveways in area that are similar
·
There
have been no drainage issues for past year
·
Need
vehicles for work
·
Went
around to neighbours and they signed document that they have no objection to
widened driveway
Ken
Smith asked to see the list the neighbours had signed and Mr. Screen presented
it to Committee.
Peter
Mertens asked if the application was to legalize what was there and Mr. Screen
replied yes.
Fred
Stoneman advised he had visited the property and saw four vehicles parked on
the property and questioned if there was room to park more. Mr. Screen advised
there was only room for four vehicles.
Elizabeth
Lew inquired if they parked any vehicles in the garage. Mr. Screen advised no
but that he was in the process of cleaning out the garage.
Ken
Smith inquired if the residents of the home were all family and Mr. Screen
advised they were.
Fred
Stoneman inquired if a business was being run out of the home and Mr. Screen
advised they did not have a business.
The
following correspondence was received and considered by the Committee regarding
the application:
1. Report
from Ted Horton, Planner dated August 9, 2016;
2. Memorandum
from Rick Bingham, Manager, Engineering Services dated August 3, 2016;
3. Memorandum
from David Potter, Chief Building Official dated August 10, 2016;
4. Letter
from Melinda Bessey, Development Planner, Lake Simcoe Region Conservation
Authority dated August 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 August 5, 2016;
6. Email
from Kin Chan dated August 16, 2016;
7. Letter
from Raymond Okura, 258 Denise Circle, NEWMARKET ON L3X 2J9 received August
16, 2016;
8. Letter
from Irene Gilmour, 148 Denise Circle, NEWMARKET ON dated August 13, 2016; and
9. Email
dated August 16, 2016 (anonymous)
There
were no further comments from the public on this application.
Moved by Peter Mertens
Seconded by Ken Smith
THAT Minor Variance
Application D13-A08-16 be approved as the Minor Variance Application meets the general intent of the zoning by-law and is a
desirable development.
Peter Mertens and Ken Smith voted in
favour of motion.
Fred Stoneman and Elizabeth Lew voted
against motion.
Committee recessed at 10:14 a.m. to seek legal advice with respect
to the tie vote. Committee reconvened at 10:27 a.m. with Fred Stoneman in the
Chair.
Mr. Stoneman advised that the motion to approve the application
was lost on the basis that a majority of the members did not concur with the
motion and therefore the application is not approved.
Gino
Vescio resumed the Chair at 10:28 a.m.
The Minutes of the meeting held on
Wednesday, June
15th, 2016 were placed before
the Committee for consideration.
Moved by Fred Stoneman
Seconded by Peter Mertens
THAT the Minutes of the Wednesday, June 15th, 2016 meeting be
approved as circulated.
CARRIED
Committee discussed the
upcoming meeting schedule specifically relating to the meeting in December.
Moved by Gino Vescio
Seconded by Peter Mertes
THAT the meeting of
Wednesday, December 21, 2016 be cancelled.
CARRIED.
Moved
by Peter
Mertens
Seconded by Fred Stoneman
THAT the Meeting adjourn.
CARRIED
The meeting adjourned at 10:45 a.m.
Dated Chair