The meeting of the Committee of Adjustment was held on Wednesday, August 19th, 2009 at 9:30 a

The meeting of the Committee of Adjustment was held on Wednesday, May 18th, 2016 at 9:30 a.m. in the Council Chambers at 395 Mulock Drive, Newmarket.


Members Present:     Gino Vescio, Chair

                             Peter Mertens, Member

                             Elizabeth Lew, Member



Staff Present:          Ted Horton, Planner

                             Linda Traviss, Alternate Committee Secretary    



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.






D13-A02-16  FORSYTHE, Brad

                   Lot 29, Plan 505

                   107 Cherrywood Drive

                   Town of Newmarket


Brad Forsythe of 107 Cherrywood Drive, NEWMARKET, ON  L3Y 2X6, addressed the Committee and provided the following comments:


·         Purchased house end of March 2016

·         Wanted double garage for storage for winter for boat and car

·         Wanted 24’ x 24’ garage but is proposing 21’ x 21’ to provide clearance for trees

·         Spoke to few of the neighbours


Nicole Le Ber of 131 Cherrywood Drive, NEWMARKET ON  L3Y 2X6 addressed the Committee and provided the following comments:


·         Shocked when saw sign posted on property

·         Brad never spoke to her regarding application

·         Co-owner of property with brother; she resides in house

·         Purchased house due to brightness of house inside and not being boxed in on outside

·         Concerned regarding view from her dining room window

·         Tenant will be affected if garage is constructed

·         Garage will cover entire window plus an additional 6 feet


Gino Vescio inquired as to the distance from the wall of her house to the fence and it was determined by reviewing the plans provided with the application the distance was 0.6m plus 1.7m.


Peter Mertens inquired if there was a fence between the two properties and how high was the fence.  Nicole Le Ber advised the fence was 5 feet in height.


The following correspondence was received and considered by the Committee regarding the application:


1.    Report from Ted Horton, Planner dated May 11, 2016;

2.    Memorandum from R. Bingham, Manager, Engineering Services dated May 10, 2016;

3.    Memorandum from David Potter, Chief Building Official dated May 11, 2016;

4.    Letter from Lisa-Beth Bulford, Development Planner, Lake Simcoe Region Conservation Authority dated May 5, 2016; and

5.    Letter from Kelly Le Bur and Bev Le Ber dated May 17, 2016.


Moved by Elizabeth Lew

Seconded by Peter Mertens


THAT Minor Variance Application D13-A02-16 be approved, subject to the following conditions:


(1) That the variance pertains only to the requests as submitted with the application;


(2) That the reduced setback apply only to the garage as proposed and not to any other structure or encroachment:


(3) That the applicant be advised that development of this property is subject to the provisions of the Town’s Tree Preservation, Protection, Replacement and Enhancement Policy;


(4) 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 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.





The Minutes of the meeting held on Wednesday, April 20th, 2016 were placed before the Committee for consideration.


Moved by Elizabeth Lew

Seconded by Gino Vescio


THAT the Minutes of the Wednesday, April 20th, 2016 meeting be approved as circulated.




Moved by Peter Mertens

Seconded by Elizabeth Lew


THAT the Meeting adjourn.





The meeting adjourned at 9:50 a.m.





Dated                                                  Chair

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