The meeting of the
Committee of Adjustment was held on Wednesday, June 17th, 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-A10-15 GREEN & ROSE
DEVELOPMENTS INC.
Part Lot
4, Plan 32, designated as Parts 1 to 4, Plan 65R-34936
212
Davis Drive
Town of
Newmarket
Daniel
Berholz of Green & Rose Developments Inc., 155 Duncan Mill Road, Unit 12,
TORONTO, ON M3B 3N2, addressed the Committee and provided the following
comments:
·
representing
the corporation
·
seeking
to permit relief for a walkway in the 3 metre landscape buffer on east side
·
the
landscape buffer is only for vegetative use
·
details
for the parking structure were not available at the time
·
stairway
had to be moved
·
exit
had to be moved further down, which put the walkway in the buffer area
·
have
worked with landscape consultant and engineering department
·
emergency
exit through the buffer
The
following correspondence was received and considered by the Committee regarding
the application:
1. Report
from Linda Traviss, Senior Planner - Development dated June 11, 2015;
2. Letter
from B. Ewart, Senior Engineering Development Coordinator – ICI dated June 10, 2015;
3. Letter
from Lisa-Beth Bulford, Development Planner, Lake Simcoe Region Conservation
Authority dated June 10, 2015;
4. Letter
from David Potter, Chief Building Official dated June 4, 2015; and
5. E-mail
from Gabrielle Hurst, Programs and Process Improvement, The Regional
Municipality of York dated June 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-A10-15 be approved, subject to the following conditions:
a) that the variance pertains only to the request as
submitted with the application;
b) 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
requested variance does not result in a substantial decrease in the functioning
of the required landscape buffer and is in keeping with the development
approved by Council;
(2) conforms to the intent and purpose of
the Official Plan and Zoning By-law as both documents contemplate residential
uses; and
(3) does not adversely affect the
character of the neighbourhood and is desirable for the appropriate development
or use of the land, buildings or structures.
CARRIED
D13-A08-15 MOSAIK GLENWAY
HOMES INC.
Lot 148,
Plan 65M-4436
689
McGregor Farm Trail
Town of
Newmarket
D13-A09-15 MOSAIK GLENWAY
HOMES INC.
Lot 90,
Plan 65M-4436
500
McGregor Farm Trail
Town of
Newmarket
Goffredo
Vitullo of Mosaik Glenway Homes Inc., 8800 Jane Street, VAUGHAN, ON L4K 2M8,
addressed the Committee and provided the following comments:
·
have
sold the house and one is over on the percentage
·
it
was a mistake
·
the
building on 689 McGregor Farm Trail is a larger home
Ken
Smith inquired as to whether the change in the size of the home was requested
by the owners and were they advised that the model was not available for the
lot and Mr. Vitullo advised that it was a request by the owners.
Shaun
London of 420 Mathews Court, NEWMARKET, ON L3X 1C7, addressed the Committee
and provided the following comments:
·
have
concerns with the variance for 689 McGregor Farm Trail
·
do
not believe that the builder should be allowed to apply for a variance
·
sets
a precedence in the subdivision
·
application
does not address how the increase will affect the neighbours
·
have
fought the whole process of this subdivision
·
building
should stay within the 45% and respect the bylaws
Fred
Stoneman inquired as to where Mr. London’s home was in relation to this
property and Mr. London mentioned that his lot was to the left of the property.
Peter
Mertens mentioned that Mr. London had concerns with the depth of the lot and
that the home may be closer to his property line if the proposed house was
moved back in the rear yard and Mr. Mertens advised that front and rear
setbacks are not being adjusted.
Mr.
Stoneman inquired as to whether this was a different model home and Mr. Vitullo
mentioned that the home may be 1% wider than the other models.
Mike
Stoltz of 416 Mathews Court, NEWMARKET, ON L3X 1C7, addressed the Committee
and provided the following comments:
·
advised
that he will be 1 property over from 689 McGregor Farm Trail
·
builders
have a responsibility to make sure they abide by the bylaws
·
the
variance is to go beyond the maximum of 45%
·
the
bylaws are in place to protect the neighbours
·
the
variance would be precedent setting
·
the
width of the home does have an impact
·
already
putting up with dirt, dust and noise
·
all
to increase the builders profit margins
Mr.
Smith inquired as to whether this house was already being built or the
foundation poured and he was advised that it has not started.
The
following correspondence was received and considered by the Committee regarding
minor variance application D13-A08-15:
1. Report
from Meghan White, Planner dated June 11, 2015;
2. Letter
from V. Klyuev, Senior Engineering Development Coordinator – Residential dated
June 9, 2015;
3. Letter
from Lisa-Beth Bulford, Development Planner, Lake Simcoe Region Conservation
Authority dated June 10, 2015;
4. Letter
from David Potter, Chief Building Official dated June 4, 2015; and
5. E-mail
from Gabrielle Hurst, Programs and Process Improvement, The Regional
Municipality of York dated June 4, 2015.
The
following correspondence was received and considered by the Committee regarding
minor variance application D13-A09-15:
1. Report
from Meghan White, Planner dated June 11, 2015;
2. Letters
from V. Klyuev, Senior Engineering Development Coordinator – Residential dated
June 9, 2015;
3. Letters
from Lisa-Beth Bulford, Development Planner, Lake Simcoe Region Conservation
Authority dated June 10, 2015;
4. Letter
from David Potter, Chief Building Official dated June 4, 2015; and
5. E-mail
from Gabrielle Hurst, Programs and Process Improvement, The Regional
Municipality of York dated June 4, 2015.
There
were no further comments from the public on this application.
Moved by Fred Stoneman
Seconded by Peter Mertens
Opposed by Ken Smith
THAT Minor Variance
Application D13-A08-15 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 plans submitted with
the application.
as the Minor Variance
Applications:
(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 a residential dwelling
on the property; and
(3) does not adversely affect the character of the
neighbourhood and is considered a desirable development of the lot.
CARRIED
Moved by Peter Mertens
Seconded by Elizabeth Lew
Opposed by Ken Smith
THAT Minor Variance
Application D13-A09-15 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 plans submitted with
the application.
as the Minor Variance
Applications:
(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 a residential dwelling
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-A11-15 WARNER, Bruce
WARNER,
Lisa
Lot 59,
Plan 65M-2224
570
Haines Road
Town of
Newmarket
Lisa
Warner of 570 Haines Road, NEWMARKET, ON L3Y 6V3, addressed the Committee and
provided the following comments:
·
applying
for relief from bylaw
·
currently
have a double car garage and have parked in it for 20 years
·
want
to put in an ADU so that she can stay in the house
·
want
to make everything legal
·
1
person is living downstairs
Mr.
Stoneman inquired as to who came up with the solution for the variance and Ms.
Warner metioned that she has always parked 2 cars in the garage.
Mr.
Stoneman asked if we have other variances that are similar to this request and
Ms. Traviss mentioned that we have had similar requests and there may be less
than 5.
The
Chair inquired as to whether there was a registry in place for the ADU’s and
Ms. Traviss mentioned that Legislative Services keep a registry.
The
following correspondence was received and considered by the Committee regarding
the application:
1. Report
from Meghan White, Planner dated June 11, 2015;
2. E-mail
from Brandon Ewart, Senior Engineering Development Coordinator – ICI dated June
3, 2015;
3. Letter
from Lisa-Beth Bulford, Development Planner, Lake Simcoe Region Conservation
Authority dated June 10, 2015;
4. Letter
from David Potter, Chief Building Official dated June 4, 2015;
5. E-mail
from Gabrielle Hurst, Programs and Process Improvement, The Regional
Municipality of York dated June 4, 2015; and
6. E-mail
from a resident dated June 16, 2015.
There
were no further comments from the public on this application.
Moved by Peter Mertens
Seconded by Ken Smith
THAT Minor Variance
Application D13-A11-15 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 as both documents permit
accessory dwelling units 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, May
20th, 2015
were placed before the Committee for consideration.
Moved by Ken Smith
Seconded by Elizabeth Lew
THAT the Minutes of the Wednesday, May 20th, 2015 meeting be
approved as circulated.
CARRIED
Moved
by Peter
Mertens
Seconded by Elizabeth Lew
THAT the Meeting adjourn.
CARRIED
The meeting adjourned at 10:12 a.m.
Dated Chair