Town of NewmarketAgenda

Committee of Adjustment

Date: July 21, 2021Time: 9:30 AMLocation: Electronic VIA ZOOM

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1. Public Notice 1

At this time, the Municipal Offices remain closed to the public. This meetingwill 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, June 23, 2021 4

5. Items

5.1. Minor Variance Application D13-A20-21 13

Vinitsky, Kosta Konstantin & Yuzayeva, Nailya

582 Gorham Street, Newmarket, ON

PT LT 17 S/S GORHAM ST PL 25 AS CONFIRMED BY 65BA237,AS IN R688302; TOWN OF NEWMARKET

5.2. Minor Variance Application D13-A21-21 26

Kimla, Eric Jan & Meadows, Jennifer Anne Gail

238 Frederick Curran Lane, Newmarket, ON

LOT 46, PLAN 65M4344 ; S/T EASE AS IN YR1004725 SUBJECTTO AN EASEMENT FOR ENTRY AS IN YR1901428 SUBJECT TOAN EASEMENT FOR ENTRY AS IN YR1990421 TOWN OF

NEWMARKET

5.3. Minor Variance Application D13-A22-21 44

Rahnama Aida

497 Dover Crescent, Newmarket, ON

PCL 91-1 SEC M74; LT 91 PL M74; S/T RIGHT LT91875 ; S/TLT16935 NEWMARKET

5.4. Minor Variance D13-A23-21 55

Banisadr Arash & Rasaei Marjan

184 Prospect Street, Newmarket, ON

PLAN 85 PT LOT 2

5.5. Minor Variance Application D13-A24-21 74

Xu, Xinyi & Lei, Soi Teng

712 Sunnypoint Drive, Newmarket, ON

PT LT 6 PL 564 EAST GWILLIMBURY AS IN R623201 ; S/TB55801B NEWMARKET

6. Adjournment

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Meeting: Date: Location:

Committee of Adjustment Wednesday, July 21st, 2021 at 9:30 AM Electronic VIA ZOOM

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Town of Newmarket

Minutes

Committee of Adjustment

Date:

Time:

Location:

Wednesday, June 23, 2021

9:30 AM

Electronic VIA ZOOM

See How to Login Guide

Members Present: Gino Vescio, Chair

Seyedmohsen Alavi, Member

Elizabeth Lew

Peter Mertens

Ken Smith

Staff Present: Patricia Cho, Planner

Devon Morton, Secretary-Treasurer

1. Public Notice

The Chair gave notice.

2. Conflict of Interest Declarations

No conflicts declared by the Committee.

3. Appeals

None.

4. Approval of Minutes

4.1 Minutes of the regular hearing held on Wednesday, May 19th, 2021

The Committee accepted the Minutes of the May 19, 2021 hearing.

Moved by: Elizabeth Lew

Seconded by: Seyedmohsen Alavi, Member

That the Minutes of the regular Hearing held on May 19, 2021 be

accepted.

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Carried

5. Items

5.1 Consent Application D10-B03-21

Rionew Holdings Inc. (The Landlord) is proposing to permit the lease

agreement registered on title between the Landlord and Staples (the

Tenant) to be extended for a period of 21 years or greater.

Mr. Trinder indicated he will be representing Consent application D10-

B03-21 as the Authorized Agent.

Mr. Trinder explained the nature of the application.

The Committee had no further question or comment.

The Public had no further question or comment.

The following correspondence was received and considered by the

Committee regarding the application:

1. Planning Report from Patricia Cho, Planner, dated June 23, 2021.

2. Memorandum from Sepideh Majdi, Manager, Development

Engineering, Town of Newmarket, dated June 14, 2021.

3. Email correspondence from David Potter, Chief Building Official, Town

of Newmarket, dated June 7, 2021.

4. Email correspondence from Gabrielle Hurst, Planning and Economic

Development Services, Region of York, dated June 7, 2021.

5. Peer Review, Urban Forest Innovations, dated June 16, 2021.

Moved by: Seyedmohsen Alavi

Seconded by: Ken Smith

That Consent Application D10-B03-21 be granted, subject to the

following conditions:

a. That the Owner be required to provide to the satisfaction of the

Secretary-Treasurer of the Committee of Adjustment the

following:

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i. proof of payment of all outstanding taxes and local

improvement charges owing to date against the subject lands;

ii. a copy of the fully executed lease regarding the subject lands;

and

iii. three white prints of a deposited reference plan showing the

subject land, which conforms substantially to the application

as submitted.

b. 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.

Carried

5.2 Consent Application D10-B04-21

Riokim Holdings(Ontario) Inc. (The Landlord) is proposing to permit the

lease agreement registered on title between the Landlord and Shoppers

Drug Mart (the Tenant) to be extended for a period of 21 years or greater.

Mr. Trinder indicated he will be representing Consent application D10-

B04-21 as the Authorized Agent.

Mr. Trinder explained the nature of the application.

The Committee had no further question or comment.

The Public had no further question or comment.

The following correspondence was received and considered by the

Committee regarding the application:

1. Planning Report from Patricia Cho, Planner, dated June 23, 2021.

2. Memorandum from Sepideh Majdi, Manager, Development

Engineering, Town of Newmarket, dated June 14, 2021.

3. Email correspondence from David Potter, Chief Building Official, Town

of Newmarket, dated June 7, 2021.

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4. Email correspondence from Gabrielle Hurst, Planning and Economic

Development Services, Region of York, dated June 7, 2021.

5. Peer Review, Urban Forest Innovations, dated June 16, 2021.

Moved by: Peter Mertens

Seconded by: Elizabeth Lew

That Consent Application D10-B04-21 be granted, subject to the

following conditions:

a. That the Owner be required to provide to the satisfaction of the

Secretary-Treasurer of the Committee of Adjustment the

following:

i. proof of payment of all outstanding taxes and local

improvement charges owing to date against the subject lands;

ii. a copy of the fully executed lease regarding the subject lands;

and

iii. three white prints of a deposited reference plan showing the

subject land, which conforms substantially to the application

as submitted.

b. 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.

Carried

5.3 Consent Application D10-B05-21

Di Rezze, Giovanni is proposing to convey the subject land indicated as

“A” on the attached sketch for proposed residential purposes and to retain

the land marked as “B” on the attached sketch for residential purposes.

Mr. Di Rezze indicated he will be representing Consent application D10-

B05-21.

Mr. Di Rezze explained the nature of the application.

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Mr. Di Rezze indicated his preference is that approval be granted however

he understands if a deferral is required at this time.

Ms. Cho, the Planner, indicated the application would be deferred.

Mr. Vescio indicated he would prefer paper copies of the plans when

available.

The Committee had no further question or comment.

The Public had no further question or comment.

The following correspondence was received and considered by the

Committee regarding the application:

1. Planning Report from Patricia Cho, Planner, dated June 23, 2021.

2. Memorandum from Sepideh Majdi, Manager, Development

Engineering, Town of Newmarket, dated June 14, 2021.

3. Email correspondence from David Potter, Chief Building Official, Town

of Newmarket, dated June 7, 2021.

4. Email correspondence from Gabrielle Hurst, Planning and Economic

Development Services, Region of York, dated June 11, 2021.

5. Peer Review, Urban Forest Innovations, dated June 16, 2021.

6. Bell Canada, Carrie Gordon, Right of Way Associate, dated June 10,

2021.

7. Email correspondence, Mark and Melloney Williamson, 89 Rutledge

Avenue, dated June 18, 2021.

8. Email correspondence, Inge-Lise Gunasekera, 96 Howard Road,

dated June 20, 2021.

9. Email correspondence, Kim Bridge, dated June 23, 2021.

Moved by: Peter Mertens

Seconded by: Elizabeth Lew

That Consent Application D10-B05-21 and Minor Variance

Applications D13-A18-21 and D13-A19-21 be deferred as additional

analysis is required. Planning staff are requesting that the applicant

provide plans showing the proposed building massing and building

envelopes for each lot prior to bringing the item back to the

Committee for consideration.

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Carried

5.4 Minor Variance Application D13-A18-21

Di Rezze, Giovanni is proposing to convey the subject land indicated as

“A” on the attached sketch for proposed residential purposes and to retain

the land marked as “B” on the attached sketch for residential purposes.

Mr. Di Rezze indicated he will be representing Consent application D10-

B05-21.

Mr. Di Rezze explained the nature of the application.

Mr. Di Rezze indicated his preference is that approval be granted however

he understands if a deferral is required at this time.

Ms. Cho, the Planner, indicated the application would be deferred.

Mr. Vescio indicated he would prefer paper copies of the plans when

available.

The Committee had no further question or comment.

The Public had no further question or comment.

The following correspondence was received and considered by the

Committee regarding the application:

1. Planning Report from Patricia Cho, Planner, dated June 23, 2021.

2. Memorandum from Sepideh Majdi, Manager, Development

Engineering, Town of Newmarket, dated June 14, 2021.

3. Email correspondence from David Potter, Chief Building Official, Town

of Newmarket, dated June 7, 2021.

4. Email correspondence from Gabrielle Hurst, Planning and Economic

Development Services, Region of York, dated June 11, 2021.

5. Peer Review, Urban Forest Innovations, dated June 16, 2021.

6. Bell Canada, Carrie Gordon, Right of Way Associate, dated June 10,

2021.

7. Email correspondence, Mark and Melloney Williamson, 89 Rutledge

Avenue, dated June 18, 2021.

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8. Email correspondence, Inge-Lise Gunasekera, 96 Howard Road,

dated June 20, 2021.

9. Email correspondence, Kim Bridge, dated June 23, 2021.

Moved by: Peter Mertens

Seconded by: Elizabeth Lew

That Consent Application D10-B05-21 and Minor Variance

Applications D13-A18-21 and D13-A19-21 be deferred as additional

analysis is required. Planning staff are requesting that the applicant

provide plans showing the proposed building massing and building

envelopes for each lot prior to bringing the item back to the

Committee for consideration.

Carried

5.5 Minor Variance Application D13-A19-21

Di Rezze, Giovanni is proposing to convey the subject land indicated as

“A” on the attached sketch for proposed residential purposes and to retain

the land marked as “B” on the attached sketch for residential purposes.

Mr. Di Rezze indicated he will be representing Consent application D10-

B05-21.

Mr. Di Rezze explained the nature of the application.

Mr. Di Rezze indicated his preference is that approval be granted however

he understands if a deferral is required at this time.

Ms. Cho, the Planner, indicated the application would be deferred.

Mr. Vescio indicated he would prefer paper copies of the plans when

available.

The Committee had no further question or comment.

The Public had no further question or comment.

The following correspondence was received and considered by the

Committee regarding the application:

1. Planning Report from Patricia Cho, Planner, dated June 23, 2021.

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2. Memorandum from Sepideh Majdi, Manager, Development

Engineering, Town of Newmarket, dated June 14, 2021.

3. Email correspondence from David Potter, Chief Building Official, Town

of Newmarket, dated June 7, 2021.

4. Email correspondence from Gabrielle Hurst, Planning and Economic

Development Services, Region of York, dated June 11, 2021.

5. Peer Review, Urban Forest Innovations, dated June 16, 2021.

6. Bell Canada, Carrie Gordon, Right of Way Associate, dated June 10,

2021.

7. Email correspondence, Mark and Melloney Williamson, 89 Rutledge

Avenue, dated June 18, 2021.

8. Email correspondence, Inge-Lise Gunasekera, 96 Howard Road,

dated June 20, 2021.

9. Email correspondence, Kim Bridge, dated June 23, 2021.

Moved by: Peter Mertens

Seconded by: Elizabeth Lew

That Consent Application D10-B05-21 and Minor Variance

Applications D13-A18-21 and D13-A19-21 be deferred as additional

analysis is required. Planning staff are requesting that the applicant

provide plans showing the proposed building massing and building

envelopes for each lot prior to bringing the item back to the

Committee for consideration.

Carried

6. Adjournment

The hearing was adjourned.

Moved by: Peter Mertens

Seconded by: Seyedmohsen Alavi

That the hearing be adjourned.

Carried

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_________________________

Chair

_________________________

Secretary-Treasurer

_________________________

Date

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PLANNING AND BUILDING SERVICES Town of Newmarket www.newmarket.ca 395 Mulock Drive planning@newmarket.ca P.O. Box 328, STN Main T: 905.953.5321 Newmarket, ON L3Y 4X7

Planning Report

TO: Committee of Adjustment FROM: Janany Nagulan Planner DATE: July 16, 2021 RE: Application for Minor Variance D13-A20-21 582 Gorham Street Town of Newmarket Made by: VINITSKY Kosta and YUZAYEVA, Nailya 1. Recommendations:

That Minor Variance Application D13-A20-2021 be deferred until the applicant has the opportunity to review comments provided by the Transportation Division and revise their proposal accordingly.

2. Application:

An application for Minor Variance has been submitted by the owners of the above noted lands. The applicant is proposing a new single detached dwelling on the subject property. The following variances have been requested from Zoning By-law 2010-40, as amended: 1. Relief from Section 4.2 Encroachments into Required Yards to permit a covered porch to

further encroach into the front yard with a setback of 1.37 metres from the lot line whereas the By-law requires a setback of 1.5 metres from the lot line.

2. Relief from Section 5.3.1 Minimum Off-Street Parking Requirements to permit one parking space for an Accessory Dwelling Unit be provided within the garage whereas the By-law requires parking spaces be provided exterior to any garage.

3. Relief from Section 6.2.2 Zone Standards to permit a minimum front yard setback of 3.05 metres whereas the By-law requires a setback of 4.8 metres.

4. Relief from Section 6.2.2 Zone Standards to permit a minimum exterior side yard setback of 4.69 metres whereas the By-law requires a setback of 6.0 metres.

5. Relief from Section 6.2.2 Zone Standards to permit lot coverage of 37.25% whereas the By-law permits maximum lot coverage of 35%.

6. Relief from Section 6.2.2 Zone Standards to permit a maximum building height of 9.81 metres whereas the By-law permits a maximum building height of 8.5 metres.

7. Relief from Section 6.2.2 Zone Standards to permit a maximum finished first floor height of 2.7 metres whereas the By-law permits a maximum finished first floor height of 1.2 metres.

3. Planning Considerations:

The subject property is a corner lot located in a residential neighbourhood, on Gorham Street, east of Water Street. The Minor Variance was circulated to commenting partners for their review and comment. The Transportation Division has requested a daylight triangle, land for road allowance widening, and to meet traffic design guidelines. The proposed variances for the single-family dwelling could potentially be impacted by these requests.

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Report to Committee of Adjustment Application for Minor Variance D13-A20-2021

582 Gorham Street Town of Newmarket

Made by: VINITSKY Kosta and YUZAYEVA, Nailya

Page 2 of 2

Planning staff recommends this matter be deferred until such time that the applicant has an opportunity to review the comments and have further discussion with Engineering Services and Transportation staff. This will allow the applicant to revise their proposal if necessary. Respectfully submitted, Janany Nagulan Planner

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Morton, Devon

From: Potter, DavidSent: July 2, 2021 9:28 AMTo: Morton, DevonCc: Larmer, Jennifer; Olsen, Michelle; Greenham, CurtisSubject: RE: Committee of Adjustment - Notice of Application Circulation (June 23rd, 2021)

Hi Devon:  Please see comments below.  Dave  

From: Morton, Devon <dmorton@newmarket.ca>  Sent: June 30, 2021 5:27 PM To: Taylor, John <jtaylor@newmarket.ca>; Woodhouse, Victor <vwoodhouse@newmarket.ca>; Kwapis, Bob <bkwapis@newmarket.ca>; Bisanz, Christina <cbisanz@newmarket.ca>; Simon, Grace <gsimon@newmarket.ca>; Broome, Kelly <kbroome@newmarket.ca>; Twinney, Jane <jtwinney@newmarket.ca>; Morrison, Trevor <tmorrison@newmarket.ca>; Sharma, Jag <jsharma@newmarket.ca>; Noehammer, Peter <pnoehammer@newmarket.ca>; Unger, Jason <junger@newmarket.ca>; Potter, David <dpotter@newmarket.ca>; Larmer, Jennifer <jlarmer@newmarket.ca>; Prudhomme, Rachel <rprudhomme@newmarket.ca>; Majdi, Sepideh <smajdi@newmarket.ca>; Villanueva, Lawrence <lVillanueva@newmarket.ca>; Lyons, Lisa <llyons@newmarket.ca>; Saini, Kiran <ksaini@newmarket.ca>; rowcentre@bell.ca; Development Services <developmentservices@york.ca>; christian.singh@ontario.ca; gcreta@envinetwork.com; Elizabeth Lew (elew@sympatico.ca) <elew@sympatico.ca>; Gino Vescio (gvescio1951@yahoo.ca) <gvescio1951@yahoo.ca>; Ken Smith (khsmithis@rogers.com) <khsmithis@rogers.com>; Michelle Starnes (michs@rogers.com) <michs@rogers.com>; Mohsen Alavi (alavim@yorku.ca) <alavim@yorku.ca>; Peter Mertens (pmertens@bell.net) <pmertens@bell.net>; Laura Tafreshi <L.Tafreshi@lsrca.on.ca>; McDonald, John <jmcdonald@cyfs.ca>; Oberfrank, Joshua <joberfrank@newmarket.ca>; Puccini, Lisa <lpuccini@cyfs.ca>; Tustin, Tim <ttustin@cyfs.ca>; Mike Thibeault <mikeufi@rogers.com>; Shane Jobber <shane@urbanforestinnovations.com>; PHILIP WASSENAER <pwassenaer1022@rogers.com>; McKee, Jessica <jmckee@newmarket.ca> Cc: Cammaert, Adrian <acammaert@newmarket.ca>; Cho, Patricia <pcho@newmarket.ca>; Nagulan, Janany <jnagulan@newmarket.ca>; February, Stephanie <sfebruary@newmarket.ca> Subject: RE: Committee of Adjustment ‐ Notice of Application Circulation (June 23rd, 2021)  

Good evening, The next virtual Committee of Adjustment hearing will be held on Wednesday, July 21st, 2021 at 9:30 AM. The Committee of Adjustment will consider the following new applications:

D13-A20-21 (582 Gorham Street - Deborah Alexander) WARD 2 The applicant is proposing the construction of a new residential dwelling. No objection subject to compliance with the Ontario Building Code

D13-A21-21 (238 Frederick Curran Lane - Eric Kimla) WARD 7 The applicant is proposing the construction of a new covered porch. No objection subject to compliance with the Ontario Building Code

D13-A22-21 (497 Dover Crescent - Ali Valinia) WARD 4

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The applicant is proposing the addition of an ‘Accessory Dwelling Unit’. No objection subject to compliance of the ADU with the Ontario Building Code

D13-A23-21 (184 Prospect Street - Sahar Arfa) WARD 5 The applicant is proposing the addition of an ‘Accessory Dwelling Unit’. No objection subject to compliance of the ADU with the Ontario Building Code

D13-A24-21 (712 Sunnypoint Drive - Willie Desintonio) WARD 3 The applicant is proposing the addition of an ‘Accessory Dwelling Unit’. No objection subject to

compliance of the ADU with the Ontario Building Code The Committee requests your advice and comments on these matters. The Committee would like to receive comments by Wednesday, July 14th, 2021 for inclusion in the Staff Report and for the benefit of everyone in attendance at the hearing. For your convenience, you may access the submission documents and the Notice of Application in digital format using the link below: https://tonfileshare.newmarket.ca:443/share.cgi?ssid=174e0bf2e36947b7bf7a19c3df96ebf3 Please let me know if you have any questions. Thank you,

 

Devon Morton, B.U.R.Pl Planner, Committee of Adjustment & Cultural Heritage Secretary-Treasurer to the Committee of Adjustment Planning and Building Services dmorton@newmarket.ca www.newmarket.ca Newmarket: A Community Well Beyond the Ordinary

Please note that I am working remotely due to the COVID-19 pandemic and can be reached by email.  

This email was scanned by Bitdefender

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DEVELOPMENT AND INFRASTRUCTURE SERVICES - ENGINEERING SERVICES

Town of Newmarket www.newmarket.ca

395 Mulock Drive engineering@newmarket.ca

P.O. Box 328, STN Main T: 905 895.5193

Newmarket, ON L3Y 4X7 F: 905 953.5138

M E M O R A N D U M TO: Jason Unger, B.E.S., M.PL., MCIP, RPP, Director, Planning and Building Services FROM: Sepideh Majdi, P.Eng., Manager, Development Engineering DATE: July 12, 2021 RE: Application for Minor Variance Made by: Vinitsky, Kosta Konstantin & Yuzayeva, Nailya

File No.: D13-A20-21 582 Gorham Street, PT LT 17 S/S GORHAM ST PL 25 AS CONFIRMED BY 65BA237, AS IN R688302; TOWN OF NEWMARKET. Town of Newmarket Ward 2

Engineering Services File No.: R. Gorham St

We herein acknowledge receipt of the Application for Minor Variance wherein the following relief is requested from Zoning By-law 2010-40, as amended: 1. Relief from Section 4.2 Encroachments into Required Yards to permit a covered porch to further encroach into the front yard with a setback of 1.37 metres from the lot line whereas the By-law requires a setback of 1.5 metres from the lot line. 2. Relief from Section 5.3.1 Minimum Off-Street Parking Requirements to permit one parking space for an Accessory Dwelling Unit be provided within the garage whereas the By-law requires parking spaces be provided exterior to any garage. 3. Relief from Section 6.2.2 Zone Standards to permit a minimum front yard setback of 3.05 metres whereas the By-law requires a setback of 4.8 metres. 4. Relief from Section 6.2.2 Zone Standards to permit a minimum exterior side yard setback of 4.69 metres whereas the By-law requires a setback of 6.0 metres. 5. Relief from Section 6.2.2 Zone Standards to permit lot coverage of 37.25% whereas the By-law permits maximum lot coverage of 35%. 6. Relief from Section 6.2.2 Zone Standards to permit a maximum building height of 9.81 metres whereas the By-law permits a maximum building height of 8.5 metres. 7. Relief from Section 6.2.2 Zone Standards to permit a maximum finished first floor height of 2.7 metres whereas the By-law permits a maximum finished first floor height of 1.2 metres.

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We have concerns with this application, one being allowing this request may result in additional cars parking on the road. We have been advised that parking requirements are typically commented on by the Planning Department and Planning have been supporting requests of this nature. For the sake of consistency, it is our opinion that Engineering should defer comments to the Planning Department regarding point 2. We have additional concerns the reduced setbacks and increased lot coverage will result in additional impervious area, affecting the current storm water management system. Due to the proposed driveway location, potential conflict with the hydro pole in the boulevard, its impact on sight lines and confirmation of potential future improvements on Gorham Street, this application will be circulated to Transportation Department for comments. Furthermore we require site specific grading, servicing and erosion sediment control plans to be prepared and sealed by the design Engineer (P.Eng), and shall be submitted to the Town for review. Should you have any questions please contact the undersigned. Sincerely, ENGINEERING SERVICES Sepideh Majdi, P.Eng. Manager, Development Engineering SM: BB, File No.: SM0041

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Morton, Devon

From: Hurst, Gabrielle <Gabrielle.Hurst@york.ca>Sent: July 8, 2021 9:00 AMTo: Morton, DevonSubject: RE: D13-A20-21 Committee of Adjustment - Notice of Application Circulation (June

23rd, 2021)

Good morning Devon, The Regional Municipality of York has completed its review of the minor variance at 582 Gorham Street and has no comment.  

Gabrielle  Gabrielle Hurst mcip rpp | Community Planning and Development Services | The Regional Municipality of York| 1‐877 464 9675 ext 71538 | gabrielle.hurst@york.ca |www.york.ca     

From: Morton, Devon <dmorton@newmarket.ca>  Sent: Wednesday, June 30, 2021 5:27 PM To: John Taylor <jtaylor@newmarket.ca>; Woodhouse, Victor <vwoodhouse@newmarket.ca>; Kwapis, Bob <bkwapis@newmarket.ca>; Bisanz, Christina <cbisanz@newmarket.ca>; Simon, Grace <gsimon@newmarket.ca>; Broome, Kelly <kbroome@newmarket.ca>; Twinney, Jane <jtwinney@newmarket.ca>; Morrison, Trevor <tmorrison@newmarket.ca>; Sharma, Jag <jsharma@newmarket.ca>; Peter Noehammer <pnoehammer@newmarket.ca>; Unger, Jason <junger@newmarket.ca>; Potter, David <dpotter@newmarket.ca>; Larmer, Jennifer <jlarmer@newmarket.ca>; Rachel Prudhomme <rprudhomme@newmarket.ca>; Majdi, Sepideh <smajdi@newmarket.ca>; Villanueva, Lawrence <lVillanueva@newmarket.ca>; Lyons, Lisa <llyons@newmarket.ca>; Kiran Saini <ksaini@newmarket.ca>; rowcentre@bell.ca; Development Services <developmentservices@york.ca>; christian.singh@ontario.ca; gcreta@envinetwork.com; Elizabeth Lew (elew@sympatico.ca) <elew@sympatico.ca>; Gino Vescio (gvescio1951@yahoo.ca) <gvescio1951@yahoo.ca>; Ken Smith (khsmithis@rogers.com) <khsmithis@rogers.com>; Michelle Starnes (michs@rogers.com) <michs@rogers.com>; Mohsen Alavi (alavim@yorku.ca) <alavim@yorku.ca>; Peter Mertens (pmertens@bell.net) <pmertens@bell.net>; Laura Tafreshi <L.Tafreshi@lsrca.on.ca>; McDonald, John <jmcdonald@cyfs.ca>; Oberfrank, Joshua <joberfrank@newmarket.ca>; Puccini, Lisa <lpuccini@cyfs.ca>; Tustin, Tim <ttustin@cyfs.ca>; Mike Thibeault <mikeufi@rogers.com>; Shane Jobber <shane@urbanforestinnovations.com>; PHILIP WASSENAER <pwassenaer1022@rogers.com>; McKee, Jessica <jmckee@newmarket.ca> Cc: Cammaert, Adrian <acammaert@newmarket.ca>; Cho, Patricia <pcho@newmarket.ca>; Nagulan, Janany <jnagulan@newmarket.ca>; February, Stephanie <sfebruary@newmarket.ca> Subject: RE: Committee of Adjustment ‐ Notice of Application Circulation (June 23rd, 2021)  

CAUTION! This is an external email. Verify the sender's email address and carefully examine any links or attachments before clicking. If you believe this may be a phishing email, forward it to isitsafe@york.ca then delete it from your inbox. If you think you may have clicked on a phishing link, report it to the IT Service Desk, ext. 71111, and notify your supervisor immediately.

Good evening, The next virtual Committee of Adjustment hearing will be held on Wednesday, July 21st, 2021 at 9:30 AM. The Committee of Adjustment will consider the following new applications:

20

2

D13-A20-21 (582 Gorham Street - Deborah Alexander) WARD 2

The applicant is proposing the construction of a new residential dwelling. D13-A21-21 (238 Frederick Curran Lane - Eric Kimla) WARD 7

The applicant is proposing the construction of a new covered porch. D13-A22-21 (497 Dover Crescent - Ali Valinia) WARD 4

The applicant is proposing the addition of an ‘Accessory Dwelling Unit’. D13-A23-21 (184 Prospect Street - Sahar Arfa) WARD 5

The applicant is proposing the addition of an ‘Accessory Dwelling Unit’. D13-A24-21 (712 Sunnypoint Drive - Willie Desintonio) WARD 3

The applicant is proposing the addition of an ‘Accessory Dwelling Unit’. The Committee requests your advice and comments on these matters. The Committee would like to receive comments by Wednesday, July 14th, 2021 for inclusion in the Staff Report and for the benefit of everyone in attendance at the hearing. For your convenience, you may access the submission documents and the Notice of Application in digital format using the link below: https://tonfileshare.newmarket.ca:443/share.cgi?ssid=174e0bf2e36947b7bf7a19c3df96ebf3 Please let me know if you have any questions. Thank you,

 

Devon Morton, B.U.R.Pl Planner, Committee of Adjustment & Cultural Heritage Secretary-Treasurer to the Committee of Adjustment Planning and Building Services dmorton@newmarket.ca www.newmarket.ca Newmarket: A Community Well Beyond the Ordinary

Please note that I am working remotely due to the COVID-19 pandemic and can be reached by email.   

This email was scanned by Bitdefender  

21

Urban Forest Innovations Inc., 15/07/2021

Urban Forest Innovations Inc.

1331 Northaven Drive

Mississauga ON L5G 4E8

July 15, 2021

The Town of Newmarket

395 Mulock Drive, P.O. Box 328, STN Main

Newmarket ON L3Y 4X7

c/o Devon Morton – Planner

Re: D13-A20-21 582 – 582 Gorham Street – Arborist Peer Review

Mr. Morton,

As you have requested, Urban Forest Innovations, Inc. (UFI) has reviewed the arborist report and

related application information submitted in support of a Committee of Adjustment application

for a new residential dwelling at 582 Gorham Street, Newmarket, ON.

This letter report outlines our review methodology and presents our comments.

Methodology

Document review

The following document, provided by the Town of Newmarket, was reviewed:

• Tree Preservation, Protection and Removal Plan (Arborist Report), prepared by Thomson

Watson Consulting Arborist Inc., dated June 22, 2021

Additional documents provided in the submission package were reviewed briefly for context, but

did not form a substantive part of this peer review.

With the exception of documents submitted prior to April, 2018, all reviewed documents are

evaluated against the latest revised version of the Town of Newmarket Tree Preservation,

Protection, Replacement and Enhancement Policy (April 2018 or latest version), hereinafter

referred to as the Policy.

22

Peer Review for 582 Gorham Street – Committee of Adjustment – July 2021 2

Urban Forest Innovations Inc., 15/07/2021

Site visit

A site visit was undertaken on July 15, 2021, to assess the site and verify the tree inventory

details.

Comments

Based upon our review of the above-referenced document, we offer the following comment(s):

Tree inventory

1. Trees TP2 and TP3, located on neighbouring property, have been removed since the time

of the original inventory assessment. Both trees are regulated by the Town of Newmarket

as significant (i.e., greater than 20cm diameter) trees. Both trees were noted in the

Arborist Report as being in a poor or stressed health condition.

Based upon our review of the above-referenced document, we have no further comments at this

time. All application documents related to site trees were found to be satisfactory and in

fulfilment of Committee of Adjustment requirements.

Additional information concerning tree protection and compensation, as per Policy

requirements, may be requested during a later stage of the development review process. Refer

to the Policy for more information.

23

Peer Review for 582 Gorham Street – Committee of Adjustment – July 2021 3

Urban Forest Innovations Inc., 15/07/2021

We trust that this letter will suffice for your current needs. Should you have any questions or

require further assistance, please do not hesitate to contact us.

Respectfully submitted by,

Philip van Wassenaer, B.Sc., MFC

ISA Certified Arborist ON-0361A

Member – ASCA, SMA, SAG Baumstatik

E: pwassenaer1022@rogers.com

Shane Jobber, B.Sc.F. ISA Certified Arborist ON-1746AM E: shane@urbanforestinnovations.com

Urban Forest Innovations, Inc.

1331 Northaven Drive

Mississauga ON L5G 4E8

T: (905) 274-1022 F: (905) 274-2170

www.urbanforestinnovations.com

24

Peer Review for 582 Gorham Street – Committee of Adjustment – July 2021 4

Urban Forest Innovations Inc., 15/07/2021

Limitations of Assessment

It is our policy to attach the following clause regarding limitations. We do this to ensure that the

client is aware of what is technically and professionally realistic in assessing and retaining trees.

The assessment(s) of the tree(s) presented in this report has been made using accepted

arboricultural techniques. These may include, among other factors, a visual examination of: the

above-ground parts of the tree(s) for visible structural defects, scars, external indications of

decay such as fungal fruiting bodies, evidence of pests or pathogens, discoloured foliage, the

condition of any visible root structures, the degree and direction of lean (if any), the general

condition of the tree(s) and the surrounding site, and the proximity of property and people.

Except where specifically noted, the tree(s) was not cored, probed, climbed or assessed using any

advanced methods, and there was no detailed inspection of the root crown(s) involving

excavation.

Notwithstanding the recommendations and conclusions made in this report, it must be

recognized that trees are living organisms, and their health and vigour constantly change over

time. They are not immune to changes in site or weather conditions, or general seasonal

variations. Weather events such as wind or ice storms may result in the partial or complete failure

of any tree, regardless of assessment results.

While reasonable efforts have been made to accurately assess the overall condition of the subject

tree(s), no guarantee or warranty is offered, expressed or implied, that the tree(s) or any of its

parts will remain standing or in stable condition. It is both professionally and practically

impossible to predict with absolute certainty the behaviour of any single tree or its component

parts, regardless of the assessment methodology implemented. Inevitably, a standing tree will

always pose some level of risk. Most trees have the potential for failure under adverse weather

conditions, and the risk can only be eliminated if the tree is removed.

Although every effort has been made to ensure that this assessment is reasonably accurate, the

tree(s) should be re-assessed periodically. The assessment presented in this report is only valid

at the time of inspection.

25

PLANNING AND BUILDING SERVICES Town of Newmarket www.newmarket.ca 395 Mulock Drive planning@newmarket.ca P.O. Box 328, STN Main T: 905.953.5321 Newmarket, ON L3Y 4X7 F: 905.953.5140

Planning Report

To: Committee of Adjustment

From: Patricia Cho Planner, Development

Date: July 21, 2021

Re: Application for Minor Variance D13-A21-21

238 Frederick Curran Lane Town of Newmarket Made by: Kimla, Eric Jan & Meadows, Jennifer Anne Gail

1. Recommendations:

That Minor Variance Application D13-A21-21 be approved, subject to the following conditions:

i. That the variance pertains only to the request as submitted with the application;

ii. 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;

iii. That the development be substantially in accordance with the information and site plan submitted with the application; and,

iv. That failure to comply with and maintain the conditions of the Committee shall render the approval null and void.

2. Application:

An application for a minor variance has been submitted by the above-noted owner to request relief from Zoning By-law Number 2010-40 as amended, in order to construct a covered porch to the rear of the existing single-detached dwelling. The description of the proposed variance is below.

Relief By-

law Section Requirement Proposed

1 2010-40, as amended by By-law 2011-14

Exception 80 – Development Standards (e)

Minimum rear yard setback of 7.0m.

Minimum rear yard setback of 6.18m.

The above-described property (herein referred to as the “subject lands”) is located in a residential neighbourhood, east of Bathurst Street and north of Woodspring Avenue. There is an existing single-detached residence on the lot and surrounded by lots with similar structures.

26

Application for Minor Variance D13-A21-21 238 Frederick Curran Lane

Town of Newmarket Made by: Kimla, Eric Jan &

Meadows, Jennifer Anne Gail Page 2 of 4

3. Planning considerations:

The applicant is requesting relief from the Zoning By-law to construct a covered porch to the rear of the existing single-detached dwelling.

In order to authorize a variance, Committee must be satisfied that the requested variance passes the four tests required by the Planning Act. In this regard, staff offer the following comments:

Conformity with the general intent of the Official Plan

The subject lands are designated “Residential Areas" in the Town’s Official Plan. This designation permits a range of residential accommodation built form types. Regarding this designation, the Town’s Official Plan states: It is the objective of the Residential Areas policies to: a. provide for a range of residential accommodation by housing type, tenure, size and location to

help satisfy the Town of Newmarket’s housing needs in a context sensitive manner; b. maintain the stability of Residential Areas by establishing zoning standards that acknowledge

and respect the existing physical character of the surrounding neighbourhood; c. recognize the desirability of gradual ongoing change by allowing for contextually-sensitive

development through Planning Act applications, to permit development which contributes to a desirable urban structure, diversified housing stock, optimizes the use of existing municipal services and infrastructure, and is compatible with and complementary to the surrounding neighbourhood; and,

d. encourage a range of innovative and affordable housing types, zoning standards and subdivision designs where it can be demonstrated that the existing physical character of the Residential Area will be maintained.

The Residential Areas designation permits single detached dwellings. The Official Plan allows for compatible design and gradual change and improvement of homes through Planning Act applications. The application is found to conform to the Official Plan and therefore this test is met.

Conformity with the general intent of the Zoning By-law

The subject lands are zoned Residential Detached Dwelling 10.7mException 80 (R1-F1-80) Zone by By-law 2010-40, as amended. The general intent of the Zoning By-law’s built form permissions is to limit the size of structures in order to maintain compatibility and similarity of structures within the neighbourhood and to allow sufficient space for sunlight, airflow, privacy, landscaping, stormwater run-off, and movement around the home/accessory buildings. In the case of the proposed variance for the rear porch, the requested relief is a reduction in the rear yard setback for the two-storey structure from 7.0m to 6.18m, a reduction of 0.82m. The proposed setback continues to provide a reasonable level of amenity space in the rear yard and the impacts to neighbouring properties appears to be minimal.

The variance requested maintains the general intent of the Zoning By-law and therefore this test is met.

27

Application for Minor Variance D13-A21-21 238 Frederick Curran Lane

Town of Newmarket Made by: Kimla, Eric Jan &

Meadows, Jennifer Anne Gail Page 3 of 4

Desirable for the appropriate development of the land

It is generally desirable to allow a property owner to invest in their property and arrange it in a manner that suits their needs, subject to the limits of the Zoning By-law and impacts on neighbouring properties. As the requested relief would allow the property owner to invest in their property and arrange the property to suit their needs without significant impact to neighbours or the community, the variance is desirable for the appropriate development of the lot. This test is met.

Minor nature of the variance

When considering if the minor variance is minor, it is not simply just the numerical value. The Committee is requested to consider the overall impact of the variance. The overall impact of the proposed variance appears to be minimal as the proposed relief does not appear to have a significant impact to the surrounding area. In consideration of the above, the proposed variance is deemed to meet the four tests under the Planning Act and is recommended to be approved subject to conditions.

4. Other comments:

Heritage

The property is not designated under the Ontario Heritage Act or on the municipal list of non-designated Properties.

Tree Protection There are trees in close proximity to the rear lot line, therefore the Town’s Tree Preservation, Protection, Replacement and Enhancement Policy applies to this property. If Committee grants this variance, the applicant will be required to provide tree protection as the Town requires.

Commenting agencies and departments The Chief Building Official has reviewed the application and does not have any objection to this application

subject to compliance with the Ontario Building Code. Engineering Services has reviewed the application and have no objection to this application. The Region of York has reviewed the application and has advised they have no comment to the proposal. The Lower Simcoe Region Conservation Authority (LSRCA) has reviewed the application and recommend

approval with no conditions.

Effect of Public Input

A letter of support has been received from the adjacent property to the east at 236 Frederick Curran Lane.

28

Application for Minor Variance D13-A21-21 238 Frederick Curran Lane

Town of Newmarket Made by: Kimla, Eric Jan &

Meadows, Jennifer Anne Gail Page 4 of 4

5. Conclusions:

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.

Respectfully submitted,

Patricia Cho, HBA, MSc. (Pln) Planner, Development

29

30

1

Morton, Devon

From: Potter, DavidSent: July 2, 2021 9:28 AMTo: Morton, DevonCc: Larmer, Jennifer; Olsen, Michelle; Greenham, CurtisSubject: RE: Committee of Adjustment - Notice of Application Circulation (June 23rd, 2021)

Hi Devon:  Please see comments below.  Dave  

From: Morton, Devon <dmorton@newmarket.ca>  Sent: June 30, 2021 5:27 PM To: Taylor, John <jtaylor@newmarket.ca>; Woodhouse, Victor <vwoodhouse@newmarket.ca>; Kwapis, Bob <bkwapis@newmarket.ca>; Bisanz, Christina <cbisanz@newmarket.ca>; Simon, Grace <gsimon@newmarket.ca>; Broome, Kelly <kbroome@newmarket.ca>; Twinney, Jane <jtwinney@newmarket.ca>; Morrison, Trevor <tmorrison@newmarket.ca>; Sharma, Jag <jsharma@newmarket.ca>; Noehammer, Peter <pnoehammer@newmarket.ca>; Unger, Jason <junger@newmarket.ca>; Potter, David <dpotter@newmarket.ca>; Larmer, Jennifer <jlarmer@newmarket.ca>; Prudhomme, Rachel <rprudhomme@newmarket.ca>; Majdi, Sepideh <smajdi@newmarket.ca>; Villanueva, Lawrence <lVillanueva@newmarket.ca>; Lyons, Lisa <llyons@newmarket.ca>; Saini, Kiran <ksaini@newmarket.ca>; rowcentre@bell.ca; Development Services <developmentservices@york.ca>; christian.singh@ontario.ca; gcreta@envinetwork.com; Elizabeth Lew (elew@sympatico.ca) <elew@sympatico.ca>; Gino Vescio (gvescio1951@yahoo.ca) <gvescio1951@yahoo.ca>; Ken Smith (khsmithis@rogers.com) <khsmithis@rogers.com>; Michelle Starnes (michs@rogers.com) <michs@rogers.com>; Mohsen Alavi (alavim@yorku.ca) <alavim@yorku.ca>; Peter Mertens (pmertens@bell.net) <pmertens@bell.net>; Laura Tafreshi <L.Tafreshi@lsrca.on.ca>; McDonald, John <jmcdonald@cyfs.ca>; Oberfrank, Joshua <joberfrank@newmarket.ca>; Puccini, Lisa <lpuccini@cyfs.ca>; Tustin, Tim <ttustin@cyfs.ca>; Mike Thibeault <mikeufi@rogers.com>; Shane Jobber <shane@urbanforestinnovations.com>; PHILIP WASSENAER <pwassenaer1022@rogers.com>; McKee, Jessica <jmckee@newmarket.ca> Cc: Cammaert, Adrian <acammaert@newmarket.ca>; Cho, Patricia <pcho@newmarket.ca>; Nagulan, Janany <jnagulan@newmarket.ca>; February, Stephanie <sfebruary@newmarket.ca> Subject: RE: Committee of Adjustment ‐ Notice of Application Circulation (June 23rd, 2021)  

Good evening, The next virtual Committee of Adjustment hearing will be held on Wednesday, July 21st, 2021 at 9:30 AM. The Committee of Adjustment will consider the following new applications:

D13-A20-21 (582 Gorham Street - Deborah Alexander) WARD 2 The applicant is proposing the construction of a new residential dwelling. No objection subject to compliance with the Ontario Building Code

D13-A21-21 (238 Frederick Curran Lane - Eric Kimla) WARD 7 The applicant is proposing the construction of a new covered porch. No objection subject to compliance with the Ontario Building Code

D13-A22-21 (497 Dover Crescent - Ali Valinia) WARD 4

31

2

The applicant is proposing the addition of an ‘Accessory Dwelling Unit’. No objection subject to compliance of the ADU with the Ontario Building Code

D13-A23-21 (184 Prospect Street - Sahar Arfa) WARD 5 The applicant is proposing the addition of an ‘Accessory Dwelling Unit’. No objection subject to compliance of the ADU with the Ontario Building Code

D13-A24-21 (712 Sunnypoint Drive - Willie Desintonio) WARD 3 The applicant is proposing the addition of an ‘Accessory Dwelling Unit’. No objection subject to

compliance of the ADU with the Ontario Building Code The Committee requests your advice and comments on these matters. The Committee would like to receive comments by Wednesday, July 14th, 2021 for inclusion in the Staff Report and for the benefit of everyone in attendance at the hearing. For your convenience, you may access the submission documents and the Notice of Application in digital format using the link below: https://tonfileshare.newmarket.ca:443/share.cgi?ssid=174e0bf2e36947b7bf7a19c3df96ebf3 Please let me know if you have any questions. Thank you,

 

Devon Morton, B.U.R.Pl Planner, Committee of Adjustment & Cultural Heritage Secretary-Treasurer to the Committee of Adjustment Planning and Building Services dmorton@newmarket.ca www.newmarket.ca Newmarket: A Community Well Beyond the Ordinary

Please note that I am working remotely due to the COVID-19 pandemic and can be reached by email.  

This email was scanned by Bitdefender

32

DEVELOPMENT AND INFRASTRUCTURE SERVICES - ENGINEERING SERVICES

Town of Newmarket www.newmarket.ca

395 Mulock Drive engineering@newmarket.ca

P.O. Box 328, STN Main T: 905 895.5193

Newmarket, ON L3Y 4X7 F: 905 953.5138

M E M O R A N D U M TO: Jason Unger, B.E.S., M.PL., MCIP, RPP, Director, Planning and Building Services FROM: Sepideh Majdi, P.Eng., Manager, Development Engineering DATE: July 12, 2021 RE: Application for Minor Variance Made by: Kimla, Eric Jan & Meadows, Jennifer Anne Gail

File No.: D13-A21-21 238 Frederick Curran Lane LOT 46, PLAN 65M4344 ; S/T EASE AS IN YR1004725 SUBJECT TO AN EASEMENT FOR ENTRY AS IN YR1901428 SUBJECT TO AN EASEMENT FOR ENTRY AS IN YR1990421 TOWN OF NEWMARKET Town of Newmarket Ward 7

Engineering Services File No.: R. Frederick Curran Lane

We herein acknowledge receipt of the Application for Minor Variance wherein the following relief is requested from Zoning By-law 2010-40, as amended:

1. Relief from Section 6.2.2 Zone Standards to permit a minimum rear yard setback of 6.18 metres whereas the By-law requires a setback of 7.0 metres.

We have reviewed the application and supporting documentation and have no objection to this application. Please be advised that this application would be required to be reviewed by the Building Department. Should you have any questions please contact the undersigned. Sincerely, ENGINEERING SERVICES Sepideh Majdi, P.Eng. Manager, Development Engineering SM: BB, File No.: SM0042

33

1

Morton, Devon

From: Hurst, Gabrielle <Gabrielle.Hurst@york.ca>Sent: July 8, 2021 9:40 AMTo: Morton, DevonSubject: RE: D13-A21-21 Committee of Adjustment - Notice of Application Circulation (June

23rd, 2021)

Good morning Devon, The Regional Municipality of York has completed its review of the above minor variance and has no comment.  

Gabrielle  Gabrielle Hurst mcip rpp | Community Planning and Development Services | The Regional Municipality of York| 1‐877 464 9675 ext 71538 | gabrielle.hurst@york.ca |www.york.ca     

From: Morton, Devon <dmorton@newmarket.ca>  Sent: Wednesday, June 30, 2021 5:27 PM To: John Taylor <jtaylor@newmarket.ca>; Woodhouse, Victor <vwoodhouse@newmarket.ca>; Kwapis, Bob <bkwapis@newmarket.ca>; Bisanz, Christina <cbisanz@newmarket.ca>; Simon, Grace <gsimon@newmarket.ca>; Broome, Kelly <kbroome@newmarket.ca>; Twinney, Jane <jtwinney@newmarket.ca>; Morrison, Trevor <tmorrison@newmarket.ca>; Sharma, Jag <jsharma@newmarket.ca>; Peter Noehammer <pnoehammer@newmarket.ca>; Unger, Jason <junger@newmarket.ca>; Potter, David <dpotter@newmarket.ca>; Larmer, Jennifer <jlarmer@newmarket.ca>; Rachel Prudhomme <rprudhomme@newmarket.ca>; Majdi, Sepideh <smajdi@newmarket.ca>; Villanueva, Lawrence <lVillanueva@newmarket.ca>; Lyons, Lisa <llyons@newmarket.ca>; Kiran Saini <ksaini@newmarket.ca>; rowcentre@bell.ca; Development Services <developmentservices@york.ca>; christian.singh@ontario.ca; gcreta@envinetwork.com; Elizabeth Lew (elew@sympatico.ca) <elew@sympatico.ca>; Gino Vescio (gvescio1951@yahoo.ca) <gvescio1951@yahoo.ca>; Ken Smith (khsmithis@rogers.com) <khsmithis@rogers.com>; Michelle Starnes (michs@rogers.com) <michs@rogers.com>; Mohsen Alavi (alavim@yorku.ca) <alavim@yorku.ca>; Peter Mertens (pmertens@bell.net) <pmertens@bell.net>; Laura Tafreshi <L.Tafreshi@lsrca.on.ca>; McDonald, John <jmcdonald@cyfs.ca>; Oberfrank, Joshua <joberfrank@newmarket.ca>; Puccini, Lisa <lpuccini@cyfs.ca>; Tustin, Tim <ttustin@cyfs.ca>; Mike Thibeault <mikeufi@rogers.com>; Shane Jobber <shane@urbanforestinnovations.com>; PHILIP WASSENAER <pwassenaer1022@rogers.com>; McKee, Jessica <jmckee@newmarket.ca> Cc: Cammaert, Adrian <acammaert@newmarket.ca>; Cho, Patricia <pcho@newmarket.ca>; Nagulan, Janany <jnagulan@newmarket.ca>; February, Stephanie <sfebruary@newmarket.ca> Subject: RE: Committee of Adjustment ‐ Notice of Application Circulation (June 23rd, 2021)  

CAUTION! This is an external email. Verify the sender's email address and carefully examine any links or attachments before clicking. If you believe this may be a phishing email, forward it to isitsafe@york.ca then delete it from your inbox. If you think you may have clicked on a phishing link, report it to the IT Service Desk, ext. 71111, and notify your supervisor immediately.

Good evening, The next virtual Committee of Adjustment hearing will be held on Wednesday, July 21st, 2021 at 9:30 AM. The Committee of Adjustment will consider the following new applications:

34

2

D13-A20-21 (582 Gorham Street - Deborah Alexander) WARD 2 The applicant is proposing the construction of a new residential dwelling.

D13-A21-21 (238 Frederick Curran Lane - Eric Kimla) WARD 7 The applicant is proposing the construction of a new covered porch.

D13-A22-21 (497 Dover Crescent - Ali Valinia) WARD 4 The applicant is proposing the addition of an ‘Accessory Dwelling Unit’.

D13-A23-21 (184 Prospect Street - Sahar Arfa) WARD 5 The applicant is proposing the addition of an ‘Accessory Dwelling Unit’.

D13-A24-21 (712 Sunnypoint Drive - Willie Desintonio) WARD 3 The applicant is proposing the addition of an ‘Accessory Dwelling Unit’.

The Committee requests your advice and comments on these matters. The Committee would like to receive comments by Wednesday, July 14th, 2021 for inclusion in the Staff Report and for the benefit of everyone in attendance at the hearing. For your convenience, you may access the submission documents and the Notice of Application in digital format using the link below: https://tonfileshare.newmarket.ca:443/share.cgi?ssid=174e0bf2e36947b7bf7a19c3df96ebf3 Please let me know if you have any questions. Thank you,

 

Devon Morton, B.U.R.Pl Planner, Committee of Adjustment & Cultural Heritage Secretary-Treasurer to the Committee of Adjustment Planning and Building Services dmorton@newmarket.ca www.newmarket.ca Newmarket: A Community Well Beyond the Ordinary

Please note that I am working remotely due to the COVID-19 pandemic and can be reached by email.   

This email was scanned by Bitdefender  

35

g

120 Bayview Parkway │ Tel: 905.895.1281 1.800.465.0437 │ Web: www.LSRCA.on.ca Newmarket, Ontario L3Y 3W3 │ Fax: 905.853.5881 │ E-Mail: Info@LSRCA.on.ca

Proud winner of the International Thiess Riverprize │ Member of Conservation Ontario

Sent via E-mail: dmorton@newmarket.ca July 15, 2020

Municipal File No.: D13-A21-21 LSRCA File No.: VA-421707-051921

Mr. Devon Morton Planner, Committee of Adjustment & Cultural Heritage Town of Newmarket Planning and Building Services 395 Mulock Drive P.O. Box 328, STN Main Newmarket, ON L3Y 4X7 Dear Mr. Morton: RE: Proposed Application for Minor Variance Applicants: Eric Kimla & Jennifer Meadows

238 Frederick Curran Lane Town of Newmarket, Regional Municipality of York ______________________________________________________________________________ Thank you for circulating the captioned application to the Lake Simcoe Region Conservation Authority (LSRCA) for review and comment. It is our understanding that the Owner is proposing to construct a new covered porch on the subject property. The Owner has submitted an application for minor variance in relation to the proposal, and is requesting relief from Town of Newmarket Comprehensive Zoning By-law Number 2010-40, as amended, as follows:

i. Relief from Section 6.2.2. Zone Standards to permit a minimum rear yard setback of 6.18 metres; whereas, the By-law requires a setback of 7.0 metres.

Documents Received and Reviewed by Staff Staff have received and reviewed the following documents submitted with this application:

• Notice of Complete Application for Minor Variance and Public Hearing, prepared by Town of Newmarket.

Staff have reviewed this application as per our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (PPS, 2020) and as a regulatory authority under Ontario Regulation 179/06 of the Conservation Authorities Act. LSRCA has also provided comments as per our MOU with the Town of Newmarket and the Regional Municipality of York. The application has also been reviewed through our role as a public body under the Planning Act as per our CA Board approved policies. Finally, LSRCA has provided advisory comments related to policy applicability and to assist with implementation of the South Georgian Bay Lake Simcoe Source Protection Plan under the Clean Water Act.

36

2

We note that LSRCA planning staff have not been involved in a pre-consultation to the applicant/municipality dated in advance of the receipt of the application. However, LSRCA planning staff acknowledge that the applicant has obtained a LSRCA permit application (LSRCA Permit No. NP.2021.008) in relation to this proposal. Recommendation Based upon our review of the submitted information in support of the application, it is determined that the proposal is generally consistent and in conformity with the natural heritage and natural hazard policies of the applicable Provincial, Regional and Local plans. On this basis, we recommend approval of this application with no conditions. Site Characteristics The subject property is approximately 0.04 hectare (0.09 acre) in size and is located south of Frederick Curran Lane and west of Art West Avenue within the Town of Newmarket. The property currently contains a single detached dwelling. The property is currently within a Residential Detached Dwelling 10.7m Exception Zone (R1-F1-80) and is located within a FP-NH – Regulatory Area and Other Natural Hazards Zone per Schedule “A”, Map No. 2 to Town of Newmarket Comprehensive Zoning By-law Number 2010-40, as amended. Per Schedule ‘A’ (Land Use) of the Town of Newmarket Official Plan, the property is with the Emerging Residential designation. The lands are identified as being within the Recharge Management Area (WHPA Q2) per the South Georgian Bay Lake Simcoe Source Protection Plan. The property is located within an Ecologically Significant Groundwater Recharge Area (ESGRA). Current environmental mapping indicates that the property is within the minimum vegetation protection zone of a key natural heritage feature (i.e. significant woodland) and within the minimum area of influence to a key hydrologic feature (i.e. provincially significant wetland). However, the proposed development (i.e. covered porch) is providing the required 30 metre minimum vegetation protection zone to the key natural heritage and key hydrologic features adjacent to this property. The property is located outside of the Oak Ridges Moraine Conservation Plan area and outside of the Greenbelt Plan area. Existing mapping indicates that the subject property is partially regulated by the LSRCA under Ontario Regulation 179/06 under Section 28 of the Conservation Authorities Act for the following natural hazards and/or natural heritage features:

• Lands adjacent to a Ministry of Natural Resources and Forestry (MNRF) Provincially Significant Wetland (Ansnorveldt Wetland Complex).

37

3

Delegated Responsibility and Statutory Comments:

1. LSRCA has reviewed the application through our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (PPS). The application has demonstrated consistency with Section 3.1 of the PPS.

2. LSRCA has reviewed the application as per our responsibilities as a regulatory authority

under Ontario Regulation 179/06. This regulation, made under Section 28 of the Conservation Authorities Act, enables conservation authorities to regulate development in or adjacent to river or stream valleys, Great Lakes and inland lake shorelines, watercourses, hazardous lands and wetlands. Development taking place on these lands may require permission from the conservation authority to confirm that the control of flooding, erosion, dynamic beaches, pollution or the conservation of land are not affected. LSRCA also regulates the alteration to or interference in any way with a watercourse or wetland.

38

4

Ontario Regulation 179/06 does apply to the subject site. A permit from the Lake Simcoe Region Conservation Authority will be required prior to development or site alteration occurring within the LSRCA regulated area. We note that a LSRCA permit (Permit No. NP.2021.008) has been obtained for the proposed works.

Advisory Comments

3. LSRCA has reviewed the application through our responsibilities as a service provider to the Town of Newmarket and Regional Municipality of York in that we provide through a MOU as well as through our role as a public body, pursuant to the Planning Act.

The overall development of the site does not include the construction of an impervious area or a building with a ground floor area cumulatively equal to or greater than 500m2 (5382 sq. ft.). It is noted that this scale of development does not meet the definition of “major development” per the Lake Simcoe Protection Plan (LSPP) or the York Region Official Plan.

Summary Based upon our review of the submitted information in support of the application, it is determined that the proposal is generally consistent and in conformity with the natural heritage and natural hazard policies of the applicable Provincial, Regional and Local plans. On this basis, we recommend approval of this application with no conditions. Given the above comments, it is the opinion of the LSRCA that:

1. Consistency with Section 3.1 of the PPS has been demonstrated. 2. Ontario Regulation 179/06 does apply to the subject site. A permit from the Lake Simcoe

Region Conservation Authority will be required prior to any development or site alteration taking place within the LSRCA regulated portion of the property. We note that a LSRCA permit (Permit No. NP.2021.008) has been obtained for the proposed works as part of this application for minor variance.

3. That the Owner has paid all development fees to the LSRCA in accordance with the approved Fees Policy under the Conservation Authorities Act.

Should you have any questions concerning these comments, please contact the undersigned and reference the above file numbers in correspondence. Please advise our office of any decision made with regard to this matter. Sincerely,

Laura Tafreshi Planner I Lake Simcoe Region Conservation Authority (LSRCA)

39

Urban Forest Innovations Inc., 15/07/2021

Urban Forest Innovations Inc.

1331 Northaven Drive

Mississauga ON L5G 4E8

July 15, 2021

The Town of Newmarket

395 Mulock Drive, P.O. Box 328, STN Main

Newmarket ON L3Y 4X7

c/o Devon Morton – Planner

Re: D13-A21-21 – 238 Frederick Curran Lane – Arborist Peer Review

Mr. Morton,

As you have requested, Urban Forest Innovations, Inc. (UFI) has reviewed the arborist report and

related application information submitted in support of a Committee of Adjustment application

for construction of a new covered porch at 238 Frederick Curran Lane, Newmarket, ON.

This letter report outlines our review methodology and presents our comments.

Methodology

Document review

The following document, provided by the Town of Newmarket, was reviewed:

• Tree Report Form, prepared by Shady Lane Expert Tree Care Inc., June 4, 2021

Additional documents provided in the submission package were reviewed briefly for context, but

did not form a substantive part of this peer review.

With the exception of documents submitted prior to April, 2018, all reviewed documents are

evaluated against the latest revised version of the Town of Newmarket Tree Preservation,

Protection, Replacement and Enhancement Policy (April 2018 or latest version), hereinafter

referred to as the Policy.

40

Peer Review for 238 Frederick Curran Lane – Committee of Adjustment – July 2021 2

Urban Forest Innovations Inc., 15/07/2021

Site visit

A site visit was undertaken on July 15, 2021, to assess the site and verify the tree inventory

details.

Comments

Based upon our review of the above-referenced document, we have no comments at this time.

All application documents related to site trees were found to be satisfactory and in fulfilment of

Committee of Adjustment requirements.

Additional information concerning tree protection and compensation, as per Policy

requirements, may be requested during a later stage of the development review process. Refer

to the Policy for more information.

We trust that this letter will suffice for your current needs. Should you have any questions or

require further assistance, please do not hesitate to contact us.

Respectfully submitted by,

Philip van Wassenaer, B.Sc., MFC

ISA Certified Arborist ON-0361A

Member – ASCA, SMA, SAG Baumstatik

E: pwassenaer1022@rogers.com

Shane Jobber, B.Sc.F. ISA Certified Arborist ON-1746AM E: shane@urbanforestinnovations.com

Urban Forest Innovations, Inc.

1331 Northaven Drive

Mississauga ON L5G 4E8

T: (905) 274-1022 F: (905) 274-2170

www.urbanforestinnovations.com

41

Peer Review for 238 Frederick Curran Lane – Committee of Adjustment – July 2021 3

Urban Forest Innovations Inc., 15/07/2021

Limitations of Assessment

It is our policy to attach the following clause regarding limitations. We do this to ensure that the

client is aware of what is technically and professionally realistic in assessing and retaining trees.

The assessment(s) of the tree(s) presented in this report has been made using accepted

arboricultural techniques. These may include, among other factors, a visual examination of: the

above-ground parts of the tree(s) for visible structural defects, scars, external indications of

decay such as fungal fruiting bodies, evidence of pests or pathogens, discoloured foliage, the

condition of any visible root structures, the degree and direction of lean (if any), the general

condition of the tree(s) and the surrounding site, and the proximity of property and people.

Except where specifically noted, the tree(s) was not cored, probed, climbed or assessed using any

advanced methods, and there was no detailed inspection of the root crown(s) involving

excavation.

Notwithstanding the recommendations and conclusions made in this report, it must be

recognized that trees are living organisms, and their health and vigour constantly change over

time. They are not immune to changes in site or weather conditions, or general seasonal

variations. Weather events such as wind or ice storms may result in the partial or complete failure

of any tree, regardless of assessment results.

While reasonable efforts have been made to accurately assess the overall condition of the subject

tree(s), no guarantee or warranty is offered, expressed or implied, that the tree(s) or any of its

parts will remain standing or in stable condition. It is both professionally and practically

impossible to predict with absolute certainty the behaviour of any single tree or its component

parts, regardless of the assessment methodology implemented. Inevitably, a standing tree will

always pose some level of risk. Most trees have the potential for failure under adverse weather

conditions, and the risk can only be eliminated if the tree is removed.

Although every effort has been made to ensure that this assessment is reasonably accurate, the

tree(s) should be re-assessed periodically. The assessment presented in this report is only valid

at the time of inspection.

42

1

Morton, Devon

From: jaqueline panes <jackie_panes@yahoo.ca>Sent: July 6, 2021 11:36 AMTo: Morton, DevonSubject: Notice of Complete Application for Minor Variance and Public Hearing File# D13-

A21-21

July 06, 2021 To whom it may concern: Notice received by mail yesterday for our neighbor at 238 Frederick Curran Lane Newmarket Ontario. We we are unable to attend the virtual Public hearing but we are in support of our neighbors application. Thank you. Regards, Hersch Freedman and Jaqueline Freedman 416-432-5719 / 647-927-8373 236 Frederick Curran Lane, Newmarket Ontario, L3X 0B9

43

PLANNING AND BUILDING SERVICES Town of Newmarket www.newmarket.ca 395 Mulock Drive planning@newmarket.ca P.O. Box 328, STN Main T: 905.953.5321 Newmarket, ON L3Y 4X7 F: 905.953.5140

Planning Report

To: Committee of Adjustment

From: Patricia Cho Planner, Development

Date: July 21, 2021

Re: Application for Minor Variance D13-A22-21

497 Dover Cerscent Town of Newmarket Made by: Rahnama, Aida

1. Recommendations:

That Minor Variance Application D13-A22-21 be approved, subject to the following conditions:

i. That the variance pertains only to the request as submitted with the application;

ii. That one space in the garage be reserved for the purpose of required parking and for no other use;

iii. That the development be substantially in accordance with the information and site plan submitted with the application; and,

iv. That failure to comply with and maintain the conditions of the Committee shall render the approval null and void.

2. Application:

An application for a minor variance has been submitted by the above-noted owner to request relief from Zoning By-law Number 2010-40 as amended, to vary the minimum number of off-street parking spaces required for an existing single-detached residential dwelling to permit a new Accessory Dwelling Unit (ADU). The description of the proposed variance is below.

Relief By-

law Section Requirement Proposed

1 2010- 40

5.3.1 To provide four parking spaces exterior to a garage for a dwelling unit and accessory dwelling unit

To provide two parking spaces exterior to a garage and one parking space inside of a garage for a dwelling unit and accessory dwelling unit

The Zoning By-law requires four exterior parking spaces for a single detached dwelling with an ADU. Ontario Regulation 299/19, enacted by the Provincial Government in September of 2019, supersedes this requirement and states that municipalities can only require one parking space for an accessory dwelling unit. The effect of this is that three exterior parking spaces are required.

44

Application for Minor Variance D13-A22-21 497 Dover Crescent Town of Newmarket

Made by: Rahnama, Aida Page 2 of 4

The above-described property (herein referred to as the “subject lands”) is located in a residential neighbourhood, west of Main Street North and south of the Town boundary. There is an existing single-detached residence on the lot and it is abutted by similar single-detached homes.

3. Planning considerations:

The applicant is requesting relief from the By-law in order to permit a reduction in the required minimum number of off-street parking spaces to facilitate the creation of a legal ADU in the existing building. The Zoning By-law requires four exterior parking spaces for a single detached dwelling with an ADU (two for the principle residence, two for the ADU). However, provincial legislation requires a total of three exterior parking spaces for a single detached dwelling with an ADU (two for the principle residence, one for the ADU). In this case, the driveway is not large enough to accommodate three exterior spaces which meet the size requirements of the Zoning By-law, as such a variance is required to recognize one parking space in the existing garage.

In order to authorize a variance, Committee must be satisfied that the requested variance passes the four tests required by the Planning Act. In this regard, staff offer the following comments:

Conformity with the general intent of the Official Plan

The subject lands are designated “Residential Areas" in the Town’s Official Plan. This designation permits a range of residential accommodation built form types. Regarding this designation, the Town’s Official Plan states: It is the objective of the Residential Areas policies to: a. provide for a range of residential accommodation by housing type, tenure, size and location to

help satisfy the Town of Newmarket’s housing needs in a context sensitive manner; b. maintain the stability of Residential Areas by establishing zoning standards that acknowledge

and respect the existing physical character of the surrounding neighbourhood; c. recognize the desirability of gradual ongoing change by allowing for contextually-sensitive

development through Planning Act applications, to permit development which contributes to a desirable urban structure, diversified housing stock, optimizes the use of existing municipal services and infrastructure, and is compatible with and complementary to the surrounding neighbourhood; and,

d. encourage a range of innovative and affordable housing types, zoning standards and subdivision designs where it can be demonstrated that the existing physical character of the Residential Area will be maintained.

The Official Plan permits ADU’s in single-detached dwellings, subject to the provisions of the zoning by-law. The application is found to conform to the Official Plan and therefore this test is met.

Conformity with the general intent of the Zoning By-law

The subject lands are zoned Residential Detached Dwelling 15.0m (R1-D) Zone by By-law 2010-40, as amended. Single-detached dwellings and accessory dwelling units are permitted uses in this zone.

Section 5.3.1 of the Zoning By-law sets out the parking standards for residential uses. This Section states that both a single-detached dwelling and an ADU must have two exterior spaces each, for a total of four exterior parking spaces. This zoning regulation is superseded by provincial regulation which states that municipalities can only require one parking space for an ADU. Therefore only three exterior parking spaces are required. Within the Zoning By-law, a dwelling unit with an ADU is required to provide parking spaces exterior of any garage or structure. Therefore the parking requirement is three (3) exterior parking spaces.

45

Application for Minor Variance D13-A22-21 497 Dover Crescent Town of Newmarket

Made by: Rahnama, Aida Page 3 of 4

The general intent of the Zoning By-law is to provide a sufficient number of parking spaces for those residing in the two dwelling units on the property. Currently, the distance of the driveway measured from the garage face to the sidewalk is not long enough to accommodate two parking spaces in tandem, so only two vehicles can be accommodated on the driveway, parked side by side. A two car attached garage also exists, however the Zoning By-law prevents parking spaces in the garage from being counted towards the parking requirement. Therefore, the proposed variance would recognize one of the parking spaces inside the garage and thereby allow for a sufficient number of parking spaces for the two dwelling units on the property. The variance requested maintains the general intent of the Zoning By-law and therefore this test is met.

Desirable for the appropriate development of the land

An ADU contributes to the mix of housing types in Newmarket and supports the Town’s goals of providing for more affordable housing and can contribute to an increased supply of rental housing. Furthermore, ADU’s allow an increase in the density of dwelling units and allow homeowners a source of income for their property. While the standard parking requirement of three exterior spaces, in addition to any spaces provided in a garage, may provide ample parking, not all ADUs will generate such a parking demand. A minor variance is the appropriate tool for relief from zoning requirements that would prevent an otherwise desirable development, and a minor parking variance should not overshadow the overall desirability of an ADU as encouraged by Town, Region, and Provincial policy. The variance is considered desirable for the development and the use of the land and therefore this test is met.

Minor nature of the variance

The impact of the proposed variance appears to be minimal as the potentially increased number of vehicles generated by the ADU can be accommodated on site by the existing two exterior spaces combined with one of the parking spaces in the garage.

In consideration of the above, the proposed variance is deemed to meet the four tests under the Planning Act and is recommended to be approved subject to conditions.

4. Other comments:

Heritage

The property is not designated under the Ontario Heritage Act or on the municipal list of non-designated Properties.

Commenting agencies and departments The Chief Building Official has reviewed the application and does not have any objection to this application

subject to compliance with the Ontario Building Code. Engineering Services has reviewed the application and does not object to this application. Comments should

be deferred to the Planning Department. The Region of York has reviewed the application and has advised they have no comment to the proposal.

46

Application for Minor Variance D13-A22-21 497 Dover Crescent Town of Newmarket

Made by: Rahnama, Aida Page 4 of 4

Effect of Public Input

A letter of opposition has been received from a neighbouring property to the south at 483 Dover Crescent. The letter does not provide any detail on the reason for opposition.

5. Conclusions:

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.

Respectfully submitted,

Patricia Cho, HBA, MSc. (Pln) Planner, Development

47

MAIN ENTRANCE

EXISTING DECK

8.70

6.00

SID

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NT

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NC

E #

2

SID

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NT

RA

NC

E #

1

METRIC

ISSUED FOR

1

SITE PLAN

K.Z. A.R.

APR 27, 2021

A100

Aida Rahnama497 Dover Crescent,Newmarket, ON, L3Y 6C8

497 Dover Crescent ADU Application Set

OWNER'S NAME AND ADDRESS:

PROJECT ADDRESS:

1. ISSUE FOR PERMIT

48

1

Morton, Devon

From: Potter, DavidSent: July 2, 2021 9:28 AMTo: Morton, DevonCc: Larmer, Jennifer; Olsen, Michelle; Greenham, CurtisSubject: RE: Committee of Adjustment - Notice of Application Circulation (June 23rd, 2021)

Hi Devon:  Please see comments below.  Dave  

From: Morton, Devon <dmorton@newmarket.ca>  Sent: June 30, 2021 5:27 PM To: Taylor, John <jtaylor@newmarket.ca>; Woodhouse, Victor <vwoodhouse@newmarket.ca>; Kwapis, Bob <bkwapis@newmarket.ca>; Bisanz, Christina <cbisanz@newmarket.ca>; Simon, Grace <gsimon@newmarket.ca>; Broome, Kelly <kbroome@newmarket.ca>; Twinney, Jane <jtwinney@newmarket.ca>; Morrison, Trevor <tmorrison@newmarket.ca>; Sharma, Jag <jsharma@newmarket.ca>; Noehammer, Peter <pnoehammer@newmarket.ca>; Unger, Jason <junger@newmarket.ca>; Potter, David <dpotter@newmarket.ca>; Larmer, Jennifer <jlarmer@newmarket.ca>; Prudhomme, Rachel <rprudhomme@newmarket.ca>; Majdi, Sepideh <smajdi@newmarket.ca>; Villanueva, Lawrence <lVillanueva@newmarket.ca>; Lyons, Lisa <llyons@newmarket.ca>; Saini, Kiran <ksaini@newmarket.ca>; rowcentre@bell.ca; Development Services <developmentservices@york.ca>; christian.singh@ontario.ca; gcreta@envinetwork.com; Elizabeth Lew (elew@sympatico.ca) <elew@sympatico.ca>; Gino Vescio (gvescio1951@yahoo.ca) <gvescio1951@yahoo.ca>; Ken Smith (khsmithis@rogers.com) <khsmithis@rogers.com>; Michelle Starnes (michs@rogers.com) <michs@rogers.com>; Mohsen Alavi (alavim@yorku.ca) <alavim@yorku.ca>; Peter Mertens (pmertens@bell.net) <pmertens@bell.net>; Laura Tafreshi <L.Tafreshi@lsrca.on.ca>; McDonald, John <jmcdonald@cyfs.ca>; Oberfrank, Joshua <joberfrank@newmarket.ca>; Puccini, Lisa <lpuccini@cyfs.ca>; Tustin, Tim <ttustin@cyfs.ca>; Mike Thibeault <mikeufi@rogers.com>; Shane Jobber <shane@urbanforestinnovations.com>; PHILIP WASSENAER <pwassenaer1022@rogers.com>; McKee, Jessica <jmckee@newmarket.ca> Cc: Cammaert, Adrian <acammaert@newmarket.ca>; Cho, Patricia <pcho@newmarket.ca>; Nagulan, Janany <jnagulan@newmarket.ca>; February, Stephanie <sfebruary@newmarket.ca> Subject: RE: Committee of Adjustment ‐ Notice of Application Circulation (June 23rd, 2021)  

Good evening, The next virtual Committee of Adjustment hearing will be held on Wednesday, July 21st, 2021 at 9:30 AM. The Committee of Adjustment will consider the following new applications:

D13-A20-21 (582 Gorham Street - Deborah Alexander) WARD 2 The applicant is proposing the construction of a new residential dwelling. No objection subject to compliance with the Ontario Building Code

D13-A21-21 (238 Frederick Curran Lane - Eric Kimla) WARD 7 The applicant is proposing the construction of a new covered porch. No objection subject to compliance with the Ontario Building Code

D13-A22-21 (497 Dover Crescent - Ali Valinia) WARD 4

49

2

The applicant is proposing the addition of an ‘Accessory Dwelling Unit’. No objection subject to compliance of the ADU with the Ontario Building Code

D13-A23-21 (184 Prospect Street - Sahar Arfa) WARD 5 The applicant is proposing the addition of an ‘Accessory Dwelling Unit’. No objection subject to compliance of the ADU with the Ontario Building Code

D13-A24-21 (712 Sunnypoint Drive - Willie Desintonio) WARD 3 The applicant is proposing the addition of an ‘Accessory Dwelling Unit’. No objection subject to

compliance of the ADU with the Ontario Building Code The Committee requests your advice and comments on these matters. The Committee would like to receive comments by Wednesday, July 14th, 2021 for inclusion in the Staff Report and for the benefit of everyone in attendance at the hearing. For your convenience, you may access the submission documents and the Notice of Application in digital format using the link below: https://tonfileshare.newmarket.ca:443/share.cgi?ssid=174e0bf2e36947b7bf7a19c3df96ebf3 Please let me know if you have any questions. Thank you,

 

Devon Morton, B.U.R.Pl Planner, Committee of Adjustment & Cultural Heritage Secretary-Treasurer to the Committee of Adjustment Planning and Building Services dmorton@newmarket.ca www.newmarket.ca Newmarket: A Community Well Beyond the Ordinary

Please note that I am working remotely due to the COVID-19 pandemic and can be reached by email.  

This email was scanned by Bitdefender

50

DEVELOPMENT AND INFRASTRUCTURE SERVICES - ENGINEERING SERVICES

Town of Newmarket www.newmarket.ca

395 Mulock Drive engineering@newmarket.ca

P.O. Box 328, STN Main T: 905 895.5193

Newmarket, ON L3Y 4X7 F: 905 953.5138

M E M O R A N D U M TO: Jason Unger, B.E.S., M.PL., MCIP, RPP, Director, Planning and Building Services

FROM: Sepideh Majdi, P.Eng., Manager, Development Engineering DATE: July 12, 2021 RE: Application for Minor Variance Made by: Rahnama Aida

File No.: D13-A22-21 497 Dover Crescent

PCL 91-1 SEC M74; LT 91 PL M74; S/T RIGHT LT91875 ; S/T LT16935 Town of Newmarket Ward 4 Engineering Services File No.: R. Dover Cres

We herein acknowledge receipt of the Application for Minor Variance wherein the applicant is proposing to add an accessory dwelling unit. The following relief is requested from Zoning By-law 2010-40, as amended:

1. Relief from Section 5.3.1 Minimum Off-Street Parking Requirements to permit one parking space for an accessory dwelling unit within a garage, whereas the By-law requires parking spaces be provided exterior of any garage.

We have concerns with this application, as allowing this request may result in additional cars parking on the road. We have been advised that parking requirements are typically commented on by the Planning Department and Planning have been supporting requests of this nature. For the sake of consistency, it is our opinion that Engineering should defer comments to the Planning Department and not object to this request at this time. Should you have any questions please contact the undersigned. Sincerely, ENGINEERING SERVICES Sepideh Majdi, P.Eng. Manager, Development Engineering SM: BB, File No.: SM0043

51

1

Morton, Devon

From: Hurst, Gabrielle <Gabrielle.Hurst@york.ca>Sent: July 8, 2021 10:24 AMTo: Morton, DevonSubject: RE: D13-A22-21 Committee of Adjustment - Notice of Application Circulation (June

23rd, 2021)

Good morning Devon, The Regional Municipality of York has completed its review of the above minor variance and has no comment.  

Gabrielle  Gabrielle Hurst mcip rpp | Community Planning and Development Services | The Regional Municipality of York| 1‐877 464 9675 ext 71538 | gabrielle.hurst@york.ca |www.york.ca     

From: Morton, Devon <dmorton@newmarket.ca>  Sent: Wednesday, June 30, 2021 5:27 PM To: John Taylor <jtaylor@newmarket.ca>; Woodhouse, Victor <vwoodhouse@newmarket.ca>; Kwapis, Bob <bkwapis@newmarket.ca>; Bisanz, Christina <cbisanz@newmarket.ca>; Simon, Grace <gsimon@newmarket.ca>; Broome, Kelly <kbroome@newmarket.ca>; Twinney, Jane <jtwinney@newmarket.ca>; Morrison, Trevor <tmorrison@newmarket.ca>; Sharma, Jag <jsharma@newmarket.ca>; Peter Noehammer <pnoehammer@newmarket.ca>; Unger, Jason <junger@newmarket.ca>; Potter, David <dpotter@newmarket.ca>; Larmer, Jennifer <jlarmer@newmarket.ca>; Rachel Prudhomme <rprudhomme@newmarket.ca>; Majdi, Sepideh <smajdi@newmarket.ca>; Villanueva, Lawrence <lVillanueva@newmarket.ca>; Lyons, Lisa <llyons@newmarket.ca>; Kiran Saini <ksaini@newmarket.ca>; rowcentre@bell.ca; Development Services <developmentservices@york.ca>; christian.singh@ontario.ca; gcreta@envinetwork.com; Elizabeth Lew (elew@sympatico.ca) <elew@sympatico.ca>; Gino Vescio (gvescio1951@yahoo.ca) <gvescio1951@yahoo.ca>; Ken Smith (khsmithis@rogers.com) <khsmithis@rogers.com>; Michelle Starnes (michs@rogers.com) <michs@rogers.com>; Mohsen Alavi (alavim@yorku.ca) <alavim@yorku.ca>; Peter Mertens (pmertens@bell.net) <pmertens@bell.net>; Laura Tafreshi <L.Tafreshi@lsrca.on.ca>; McDonald, John <jmcdonald@cyfs.ca>; Oberfrank, Joshua <joberfrank@newmarket.ca>; Puccini, Lisa <lpuccini@cyfs.ca>; Tustin, Tim <ttustin@cyfs.ca>; Mike Thibeault <mikeufi@rogers.com>; Shane Jobber <shane@urbanforestinnovations.com>; PHILIP WASSENAER <pwassenaer1022@rogers.com>; McKee, Jessica <jmckee@newmarket.ca> Cc: Cammaert, Adrian <acammaert@newmarket.ca>; Cho, Patricia <pcho@newmarket.ca>; Nagulan, Janany <jnagulan@newmarket.ca>; February, Stephanie <sfebruary@newmarket.ca> Subject: RE: Committee of Adjustment ‐ Notice of Application Circulation (June 23rd, 2021)  

CAUTION! This is an external email. Verify the sender's email address and carefully examine any links or attachments before clicking. If you believe this may be a phishing email, forward it to isitsafe@york.ca then delete it from your inbox. If you think you may have clicked on a phishing link, report it to the IT Service Desk, ext. 71111, and notify your supervisor immediately.

Good evening, The next virtual Committee of Adjustment hearing will be held on Wednesday, July 21st, 2021 at 9:30 AM. The Committee of Adjustment will consider the following new applications:

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D13-A20-21 (582 Gorham Street - Deborah Alexander) WARD 2 The applicant is proposing the construction of a new residential dwelling.

D13-A21-21 (238 Frederick Curran Lane - Eric Kimla) WARD 7 The applicant is proposing the construction of a new covered porch.

D13-A22-21 (497 Dover Crescent - Ali Valinia) WARD 4 The applicant is proposing the addition of an ‘Accessory Dwelling Unit’.

D13-A23-21 (184 Prospect Street - Sahar Arfa) WARD 5 The applicant is proposing the addition of an ‘Accessory Dwelling Unit’.

D13-A24-21 (712 Sunnypoint Drive - Willie Desintonio) WARD 3 The applicant is proposing the addition of an ‘Accessory Dwelling Unit’.

The Committee requests your advice and comments on these matters. The Committee would like to receive comments by Wednesday, July 14th, 2021 for inclusion in the Staff Report and for the benefit of everyone in attendance at the hearing. For your convenience, you may access the submission documents and the Notice of Application in digital format using the link below: https://tonfileshare.newmarket.ca:443/share.cgi?ssid=174e0bf2e36947b7bf7a19c3df96ebf3 Please let me know if you have any questions. Thank you,

 

Devon Morton, B.U.R.Pl Planner, Committee of Adjustment & Cultural Heritage Secretary-Treasurer to the Committee of Adjustment Planning and Building Services dmorton@newmarket.ca www.newmarket.ca Newmarket: A Community Well Beyond the Ordinary

Please note that I am working remotely due to the COVID-19 pandemic and can be reached by email.   

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Morton, Devon

From: John Petras <jzpetras@yahoo.ca>Sent: July 8, 2021 3:34 PMTo: Morton, DevonSubject: File Number: D13-A22-21 497 Dover Crescent

I am a homeowner on Dover Crescent and I am opposed to this application for variance. John Petras 483 Dover Crescent

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54

PLANNING AND BUILDING SERVICES Town of Newmarket www.newmarket.ca 395 Mulock Drive planning@newmarket.ca P.O. Box 328, STN Main T: 905.953.5321 Newmarket, ON L3Y 4X7 F: 905.953.5140

Planning Report

To: Committee of Adjustment

From: Janany Nagulan Planner, Development

Date: July 16, 2021

Re: Application for Minor Variance D13-A23-21

184 Prospect Street Town of Newmarket Made by: BANISADR, Arash

1. Recommendations:

That Minor Variance Application D13-A23-21 be approved, subject to the following conditions:

i. That the variance pertains only to the request as submitted with the application; and,

ii. That the development be substantially in accordance with the information and drawing submitted with the application; and,

iii. That one space on the driveway be reserved for the purpose of required parking for an Accessory Dwelling Unit; and,

iv. That the Owner pay development fees to the LSRCA in accordance with the approved Fees Policy under the Conservation Authorities Act; and,

v. That failure to comply with and maintain the conditions of the Committee shall render the approval null and void.

2. Application:

An application for a minor variance has been submitted by the above-noted owner to request relief from Zoning By-law Number 2010-40 as amended, to vary the minimum number of off- street parking spaces required for a single detached residential dwelling to permit a new Accessary Dwelling-Unit (ADU). The description of the proposed variance is below.

Relief By-

law Section Requirement Proposed

1 2010-40 5.3.1 To provide four parking spaces exterior to a garage for a dwelling unit and accessory dwelling unit.

To provide two parking spaces exterior on the existing driveway. One parking space to be reserved for the dwelling unit and one parking space to be reserved for the Accessory Dwelling Unit.

2 2010-40 6.2.3 (7) A driveway shall be located a minimum of 0.6 metres from the side lot line.

To permit the existing driveway to be located 0.0 metres from the side lot line.

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Application for Minor Variance D13-A23-21 184 Prospect Street Town of Newmarket

Made by: BANISADR, Arash Page 2 of 4

3 2010-40 5.2.2 The minimum required width for perpendicular parking spaces on parking lots fewer than 5 spaces is 2.6m

To permit two perpendicular parking spaces on a parking lot fewer than 5 spaces to have a width of 2.3m.

The Zoning By-law requires four exterior parking spaces. Ontario Regulation 299/19, enacted by the Provincial Government in September of 2019, supersedes this requirement and states that municipalities can only require one parking space for an accessory dwelling unit. The effect of this is that three exterior parking spaces are required. The above-described property (herein referred to as the “subject property”) is located on Prospect Street north of Gorham Street. There is an existing single- detached residence on the property, and it is abutting other residential properties.

3. Planning considerations:

The request for variance is to permit a reduction in the minimum number of off-street parking spaces required to create a legal ADU in the existing single detached dwelling located at 184 Prospect Street. The Zoning By-law requires four exterior parking spaces for a single detached dwelling with an ADU (two for the principle residence, two for the ADU). However, provincial legislation requires three exterior parking spaces for a single detached dwelling with an ADU (two for the principle residence, one for the ADU). The current driveway length and width cannot accommodate the required number of minimum exterior parking spaces, therefore a variance is required to permit two exterior parking spaces, one for the existing dwelling and one for the proposed accessory dwelling unit. The property does not have a garage. It is noted that the property is located in a highly walkable are of Town in close proximity to the downtown Main Street area and many local places of employment. It is also directly located on a YRT bus route and a the Town’s East/West Bikeway.

In order to authorize a variance, Committee must be satisfied that the requested variances pass the four tests required by the Planning Act. In this regard, staff offer the following comments:

Conformity with the general intent of the Official Plan

The subject property is designated “Residential Areas” in the Official Plan. This designation permits a range of residential accommodation built form types. Regarding this designation, the Town’s Official Plan states: It is the objective of the Stable Residential Area policies to: a. Provide for a range of residential accommodation by housing type, tenure, size and location to help

satisfy the Town of Newmarket’s housing needs in a contest sensitive manner.

b. Maintain the stability of Residential Areas by establishing zoning standards that acknowledge and respect the existing physical character of the surrounding neighbourhood.

c. Recognize the desirability of gradual ongoing change by allowing for contextually-sensitive

development through Planning Act applications, to permit development which contributes to a desirable urban structure, diversifies housing stock, optimizes the use of existing municipal services and infrastructure, and is compatible with and complementary to the surrounding neighbourhood.

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Application for Minor Variance D13-A23-21 184 Prospect Street Town of Newmarket

Made by: BANISADR, Arash Page 3 of 4

d. Encourage a range of innovative and affordable housing types, zoning standards and subdivision designs where it can be demonstrated that the existing physical character of the Residential Area will be maintained.

The Official Plan permits Accessory Dwelling Units in single-detached dwellings in subject to the provisions of the Zoning By-law. It also encourages a range residential accommodations and affordable housing types. Subject to the recommended conditions of approval, the requested variance is considered to conform to the Official Plan and therefore, this test is met.

Conformity with the general intent of the Zoning By-law

The subject property is zoned Residential Detached Dwelling 15.0m (R1-D) according to By-law 2010-40, as amended. Single-detached dwellings and accessory dwelling units are permitted uses in this zone.

Section 5.3.1 of the Zoning By-law sets out the parking standards for residential uses. This section states that both a single-detached dwelling and an ADU must have two exterior parking spaces each, for a total of four exterior parking spaces. This zoning regulation is superseded by provincial regulation, which states that municipalities can only require one parking space for an accessory dwelling unit. Therefore only three exterior parking spaces are required. Within the Zoning By-law, a dwelling unit with an ADU is required to provide parking spaces exterior of any garage or structure. Therefore, the parking requirement is three (3) outdoor parking spaces. The general intent of the By-law is to provide a sufficient number of parking spaces for those residing in the two dwelling units on the property. Currently, the applicant’s driveway is not long or wide enough to accommodate the three required spaces. The property can accommodate 2 exterior parking spaces on the driveway, parked in tandem. Therefore, the proposed variance would permit one exterior parking space for the dwelling unit and one exterior parking space for the accessory dwelling unit. Section 5.2.2 of the Zoning By-law sets out the minimum required size of parking spaces. This section states that the minimum required width for perpendicular parking spaces on parking lots fewer than 5 spaces in 2.6m. This is to ensure that there is enough space for a vehicle to maneuver in and out of a parking space. Section 6.2.3 (7) of the Zoning By-law sets out minimum distance of the driveway from the side lot line is 0.6m. This is to allow a buffer between the neighbouring property and the subject property. Due to the age and the placement of the existing home, the current driveway is located right next to the side lot line and the width of the driveway prevents standard-sized parking spaces on the property. Therefore, the proposed variance would bring the current driveway and parking spaces into conformity. The requested variances are necessary due to the placement of the existing home and driveway. The variances will allow for the addition of an Accessory Dwelling Unit and bring the existing home into conformity. The variance requested maintains the general intent of the Zoning by-law. This test is met.

Desirable for the appropriate development of the land

The variance is considered desirable for the development and the use of the land. An ADU contributes to the mix of housing types in Newmarket and supports the Town’s goals of providing for more affordable forms of housing and can contribute to an increased supply of rental housing. Furthermore, ADUs allow a modest increase in the density of dwelling units and allow homeowners a source of income for their property. While the standard parking requirement of three exterior spaces provides ample parking, it is noted that not all ADUs will generate such a parking demand, this point is highlighted in areas, like the subject property, that are highly walkable and well supported by transit and active transportation. Therefore, the two exterior parking spaces, one for the dwelling unit and one for the accessory dwelling unit, appear to be sufficient in this case.

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Application for Minor Variance D13-A23-21 184 Prospect Street Town of Newmarket

Made by: BANISADR, Arash Page 4 of 4

Minor nature of the variance

The overall impact of the proposed variance appears to be minimal as the potential increase in the number of vehicles generated by the accessory unit can still be accommodated on the site.

In consideration of the above, the proposed variance is deemed to meet the four tests under the Planning Act and is recommended to be approved subject to conditions.

4. Other comments:

Heritage

The property is not designated under the Ontario Heritage Act or on the municipal list of non-designated Properties. Commenting agencies and departments

The Chief Building Official has no objection to this application subject to compliance of the ADU with the

Ontario Building Code.

Engineering has deferred their comments to Planning and have no objects at this time. York Region has no comments with regards to this application. LSRCA has stated that the proposal is generally consistent and in conformity with the natural heritage and natural hazards policies of the applicable Provincial, Regional and Local plans. LSRCA has requested the Owner pay outstanding development fees.

Effect of Public Input No public input was received as of the date of writing this report.

5. Conclusions:

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.

Respectfully submitted,

Janany Nagulan

Planner, Development

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PROPOSE FIRST UNIT (2 BEDROOMS)

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PROPOSE SECOND UNIT ( 1 BEDROOM)

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ACCESS TO DWELLING UNIT

STATESTIC

59

1

Morton, Devon

From: Potter, DavidSent: July 2, 2021 9:28 AMTo: Morton, DevonCc: Larmer, Jennifer; Olsen, Michelle; Greenham, CurtisSubject: RE: Committee of Adjustment - Notice of Application Circulation (June 23rd, 2021)

Hi Devon:  Please see comments below.  Dave  

From: Morton, Devon <dmorton@newmarket.ca>  Sent: June 30, 2021 5:27 PM To: Taylor, John <jtaylor@newmarket.ca>; Woodhouse, Victor <vwoodhouse@newmarket.ca>; Kwapis, Bob <bkwapis@newmarket.ca>; Bisanz, Christina <cbisanz@newmarket.ca>; Simon, Grace <gsimon@newmarket.ca>; Broome, Kelly <kbroome@newmarket.ca>; Twinney, Jane <jtwinney@newmarket.ca>; Morrison, Trevor <tmorrison@newmarket.ca>; Sharma, Jag <jsharma@newmarket.ca>; Noehammer, Peter <pnoehammer@newmarket.ca>; Unger, Jason <junger@newmarket.ca>; Potter, David <dpotter@newmarket.ca>; Larmer, Jennifer <jlarmer@newmarket.ca>; Prudhomme, Rachel <rprudhomme@newmarket.ca>; Majdi, Sepideh <smajdi@newmarket.ca>; Villanueva, Lawrence <lVillanueva@newmarket.ca>; Lyons, Lisa <llyons@newmarket.ca>; Saini, Kiran <ksaini@newmarket.ca>; rowcentre@bell.ca; Development Services <developmentservices@york.ca>; christian.singh@ontario.ca; gcreta@envinetwork.com; Elizabeth Lew (elew@sympatico.ca) <elew@sympatico.ca>; Gino Vescio (gvescio1951@yahoo.ca) <gvescio1951@yahoo.ca>; Ken Smith (khsmithis@rogers.com) <khsmithis@rogers.com>; Michelle Starnes (michs@rogers.com) <michs@rogers.com>; Mohsen Alavi (alavim@yorku.ca) <alavim@yorku.ca>; Peter Mertens (pmertens@bell.net) <pmertens@bell.net>; Laura Tafreshi <L.Tafreshi@lsrca.on.ca>; McDonald, John <jmcdonald@cyfs.ca>; Oberfrank, Joshua <joberfrank@newmarket.ca>; Puccini, Lisa <lpuccini@cyfs.ca>; Tustin, Tim <ttustin@cyfs.ca>; Mike Thibeault <mikeufi@rogers.com>; Shane Jobber <shane@urbanforestinnovations.com>; PHILIP WASSENAER <pwassenaer1022@rogers.com>; McKee, Jessica <jmckee@newmarket.ca> Cc: Cammaert, Adrian <acammaert@newmarket.ca>; Cho, Patricia <pcho@newmarket.ca>; Nagulan, Janany <jnagulan@newmarket.ca>; February, Stephanie <sfebruary@newmarket.ca> Subject: RE: Committee of Adjustment ‐ Notice of Application Circulation (June 23rd, 2021)  

Good evening, The next virtual Committee of Adjustment hearing will be held on Wednesday, July 21st, 2021 at 9:30 AM. The Committee of Adjustment will consider the following new applications:

D13-A20-21 (582 Gorham Street - Deborah Alexander) WARD 2 The applicant is proposing the construction of a new residential dwelling. No objection subject to compliance with the Ontario Building Code

D13-A21-21 (238 Frederick Curran Lane - Eric Kimla) WARD 7 The applicant is proposing the construction of a new covered porch. No objection subject to compliance with the Ontario Building Code

D13-A22-21 (497 Dover Crescent - Ali Valinia) WARD 4

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2

The applicant is proposing the addition of an ‘Accessory Dwelling Unit’. No objection subject to compliance of the ADU with the Ontario Building Code

D13-A23-21 (184 Prospect Street - Sahar Arfa) WARD 5 The applicant is proposing the addition of an ‘Accessory Dwelling Unit’. No objection subject to compliance of the ADU with the Ontario Building Code

D13-A24-21 (712 Sunnypoint Drive - Willie Desintonio) WARD 3 The applicant is proposing the addition of an ‘Accessory Dwelling Unit’. No objection subject to

compliance of the ADU with the Ontario Building Code The Committee requests your advice and comments on these matters. The Committee would like to receive comments by Wednesday, July 14th, 2021 for inclusion in the Staff Report and for the benefit of everyone in attendance at the hearing. For your convenience, you may access the submission documents and the Notice of Application in digital format using the link below: https://tonfileshare.newmarket.ca:443/share.cgi?ssid=174e0bf2e36947b7bf7a19c3df96ebf3 Please let me know if you have any questions. Thank you,

 

Devon Morton, B.U.R.Pl Planner, Committee of Adjustment & Cultural Heritage Secretary-Treasurer to the Committee of Adjustment Planning and Building Services dmorton@newmarket.ca www.newmarket.ca Newmarket: A Community Well Beyond the Ordinary

Please note that I am working remotely due to the COVID-19 pandemic and can be reached by email.  

This email was scanned by Bitdefender

61

DEVELOPMENT AND INFRASTRUCTURE SERVICES - ENGINEERING SERVICES

Town of Newmarket www.newmarket.ca

395 Mulock Drive engineering@newmarket.ca

P.O. Box 328, STN Main T: 905 895.5193

Newmarket, ON L3Y 4X7 F: 905 953.5138

M E M O R A N D U M TO: Jason Unger, B.E.S., M.PL., MCIP, RPP, Director, Planning and Building Services

FROM: Sepideh Majdi, P.Eng., Manager, Development Engineering DATE: July 12, 2021 RE: Application for Minor Variance Made by: Banisadr Arash & Rasaei Marjan

File No.: D13-A23-21 184 Prospect St

PLAN 85 PT LOT 2 Town of Newmarket Ward 5 Engineering Services File No.: R. Prospect St

We herein acknowledge receipt of the Application for Minor Variance wherein the applicant is proposing to add an accessory dwelling unit. The following relief is requested from Zoning By-law 2010-40, as amended:

1. Relief from Section 5.3.1 Minimum Off-Street Parking Requirements to permit one parking space be provided for a Dwelling Unit whereas the By-law requires 2 parking spaces be provided. 2. Relief from Section 6.2.3 Additional Requirements for Residential Zones to permit a driveway located 0.0 metres from the side lot line whereas the By-law requires a 0.6 meter setback. 3. Relief from Section 5.2.2 Parking Space Design to permit two parking spaces with widths of 2.3 metres whereas the By-law requires widths of 2.6 meters.

We have concerns with this application, as allowing this request may result in additional cars parking on the road. We have been advised that parking requirements are typically commented on by the Planning Department and Planning have been supporting requests of this nature. For the sake of consistency, it is our opinion that Engineering should defer comments to the Planning Department and not object to this request at this time. Should you have any questions please contact the undersigned.

62

Sincerely, ENGINEERING SERVICES Sepideh Majdi, P.Eng. Manager, Development Engineering SM: BB, File No.: SM0044

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Morton, Devon

From: Hurst, Gabrielle <Gabrielle.Hurst@york.ca>Sent: July 8, 2021 10:45 AMTo: Morton, DevonSubject: RE: D13-A23-21 - Committee of Adjustment - Notice of Application Circulation (June

23rd, 2021)

Good morning Devon, The Regional Municipality of York has completed its review of the above minor variance and has no comment.   

Gabrielle  Gabrielle Hurst mcip rpp | Community Planning and Development Services | The Regional Municipality of York| 1‐877 464 9675 ext 71538 | gabrielle.hurst@york.ca |www.york.ca     

From: Morton, Devon <dmorton@newmarket.ca>  Sent: Wednesday, June 30, 2021 5:27 PM To: John Taylor <jtaylor@newmarket.ca>; Woodhouse, Victor <vwoodhouse@newmarket.ca>; Kwapis, Bob <bkwapis@newmarket.ca>; Bisanz, Christina <cbisanz@newmarket.ca>; Simon, Grace <gsimon@newmarket.ca>; Broome, Kelly <kbroome@newmarket.ca>; Twinney, Jane <jtwinney@newmarket.ca>; Morrison, Trevor <tmorrison@newmarket.ca>; Sharma, Jag <jsharma@newmarket.ca>; Peter Noehammer <pnoehammer@newmarket.ca>; Unger, Jason <junger@newmarket.ca>; Potter, David <dpotter@newmarket.ca>; Larmer, Jennifer <jlarmer@newmarket.ca>; Rachel Prudhomme <rprudhomme@newmarket.ca>; Majdi, Sepideh <smajdi@newmarket.ca>; Villanueva, Lawrence <lVillanueva@newmarket.ca>; Lyons, Lisa <llyons@newmarket.ca>; Kiran Saini <ksaini@newmarket.ca>; rowcentre@bell.ca; Development Services <developmentservices@york.ca>; christian.singh@ontario.ca; gcreta@envinetwork.com; Elizabeth Lew (elew@sympatico.ca) <elew@sympatico.ca>; Gino Vescio (gvescio1951@yahoo.ca) <gvescio1951@yahoo.ca>; Ken Smith (khsmithis@rogers.com) <khsmithis@rogers.com>; Michelle Starnes (michs@rogers.com) <michs@rogers.com>; Mohsen Alavi (alavim@yorku.ca) <alavim@yorku.ca>; Peter Mertens (pmertens@bell.net) <pmertens@bell.net>; Laura Tafreshi <L.Tafreshi@lsrca.on.ca>; McDonald, John <jmcdonald@cyfs.ca>; Oberfrank, Joshua <joberfrank@newmarket.ca>; Puccini, Lisa <lpuccini@cyfs.ca>; Tustin, Tim <ttustin@cyfs.ca>; Mike Thibeault <mikeufi@rogers.com>; Shane Jobber <shane@urbanforestinnovations.com>; PHILIP WASSENAER <pwassenaer1022@rogers.com>; McKee, Jessica <jmckee@newmarket.ca> Cc: Cammaert, Adrian <acammaert@newmarket.ca>; Cho, Patricia <pcho@newmarket.ca>; Nagulan, Janany <jnagulan@newmarket.ca>; February, Stephanie <sfebruary@newmarket.ca> Subject: RE: Committee of Adjustment ‐ Notice of Application Circulation (June 23rd, 2021)  

CAUTION! This is an external email. Verify the sender's email address and carefully examine any links or attachments before clicking. If you believe this may be a phishing email, forward it to isitsafe@york.ca then delete it from your inbox. If you think you may have clicked on a phishing link, report it to the IT Service Desk, ext. 71111, and notify your supervisor immediately.

Good evening, The next virtual Committee of Adjustment hearing will be held on Wednesday, July 21st, 2021 at 9:30 AM. The Committee of Adjustment will consider the following new applications:

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D13-A20-21 (582 Gorham Street - Deborah Alexander) WARD 2

The applicant is proposing the construction of a new residential dwelling. D13-A21-21 (238 Frederick Curran Lane - Eric Kimla) WARD 7

The applicant is proposing the construction of a new covered porch. D13-A22-21 (497 Dover Crescent - Ali Valinia) WARD 4

The applicant is proposing the addition of an ‘Accessory Dwelling Unit’. D13-A23-21 (184 Prospect Street - Sahar Arfa) WARD 5

The applicant is proposing the addition of an ‘Accessory Dwelling Unit’. D13-A24-21 (712 Sunnypoint Drive - Willie Desintonio) WARD 3

The applicant is proposing the addition of an ‘Accessory Dwelling Unit’. The Committee requests your advice and comments on these matters. The Committee would like to receive comments by Wednesday, July 14th, 2021 for inclusion in the Staff Report and for the benefit of everyone in attendance at the hearing. For your convenience, you may access the submission documents and the Notice of Application in digital format using the link below: https://tonfileshare.newmarket.ca:443/share.cgi?ssid=174e0bf2e36947b7bf7a19c3df96ebf3 Please let me know if you have any questions. Thank you,

 

Devon Morton, B.U.R.Pl Planner, Committee of Adjustment & Cultural Heritage Secretary-Treasurer to the Committee of Adjustment Planning and Building Services dmorton@newmarket.ca www.newmarket.ca Newmarket: A Community Well Beyond the Ordinary

Please note that I am working remotely due to the COVID-19 pandemic and can be reached by email.   

This email was scanned by Bitdefender  

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120 Bayview Parkway │ Tel: 905.895.1281 1.800.465.0437 │ Web: www.LSRCA.on.ca Newmarket, Ontario L3Y 3W3 │ Fax: 905.853.5881 │ E-Mail: Info@LSRCA.on.ca

Proud winner of the International Thiess Riverprize │ Member of Conservation Ontario

Sent via E-mail: dmorton@newmarket.ca July 15, 2020

Municipal File No.: D13-A23-21 LSRCA File No.: VA-168966-071521

Mr. Devon Morton Planner, Committee of Adjustment & Cultural Heritage Town of Newmarket Planning and Building Services 395 Mulock Drive P.O. Box 328, STN Main Newmarket, ON L3Y 4X7 Dear Mr. Morton: RE: Proposed Application for Minor Variance Applicants: Arash Banisadr & Marjan Rasaei

184 Prospect Street Town of Newmarket, Regional Municipality of York ______________________________________________________________________________ Thank you for circulating the captioned application to the Lake Simcoe Region Conservation Authority (LSRCA) for review and comment. It is our understanding that the Owner is proposing the addition of an ‘Accessory Dwelling Unit’ within the existing residential dwelling. The Owner has submitted an application for minor variance in relation to the proposal, and is requesting relief from Town of Newmarket Comprehensive Zoning By-law Number 2010-40, as amended, as follows:

i. Relief from Section 5.3.1 Minimum Off-Street Parking Requirements to permit one parking space be provided for a Dwelling Unit; whereas, the By-law requires 2 parking spaces be provided.

ii. Relief from Section 6.2.3 Additional Requirements for Residential Zones to permit a driveway located 0.0 metres from the side lot line; whereas, the By-law requires a 0.6 meter setback.

iii. Relief from Section 5.2.2 Parking Space Design to permit two parking spaces with widths of 2.3 metres; whereas, the By-law requires widths of 2.6 meters.

Documents Received and Reviewed by Staff Staff have received and reviewed the following documents submitted with this application:

• Notice of Complete Application for Minor Variance and Public Hearing, prepared by Town of Newmarket.

We note that LSRCA planning staff have not been involved in a pre-consultation to the applicant/municipality dated in advance of the receipt of the application.

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Staff have reviewed this application as per our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (PPS, 2020) and as a regulatory authority under Ontario Regulation 179/06 of the Conservation Authorities Act. LSRCA has also provided comments as per our MOU with the Town of Newmarket and the Regional Municipality of York. The application has also been reviewed through our role as a public body under the Planning Act as per our CA Board approved policies. Finally, LSRCA has provided advisory comments related to policy applicability and to assist with implementation of the South Georgian Bay Lake Simcoe Source Protection Plan under the Clean Water Act. Recommendation Based upon our review of the submitted information in support of the application, it is determined that the proposal is generally consistent and in conformity with the natural heritage and natural hazard policies of the applicable Provincial, Regional and Local plans. On this basis, we recommend that any approval of this application be subject to the following condition:

a. That the Owner shall pay all development fees to the LSRCA in accordance with the approved Fees Policy under the Conservation Authorities Act. (Note: payment is currently outstanding for the LSRCA review of the minor variance application of $525.00 per the LSRCA 2021 Fee Schedule).

Site Characteristics The subject property is approximately 0.05 hectare (0.14 acre) in size and is located west of Prospect Street and north of Timothy Street within the Town of Newmarket. The property currently contains a single detached dwelling. The property is currently within a Residential Detached Dwelling 15m Zone (R1-D) and is located within a FP-NH – Regulatory Area and Other Natural Hazards Zone per Schedule “A”, Map No. 12 to Town of Newmarket Comprehensive Zoning By-law Number 2010-40, as amended. The lands are identified as being within the Recharge Management Area (WHPA Q2) per the South Georgian Bay Lake Simcoe Source Protection Plan. The property is located within a Highly Vulnerable Aquifer. Current environmental mapping indicates that the property is within the minimum area of influence to a key hydrologic feature (i.e. permanent or intermittent stream) and a key natural heritage feature (i.e. significant woodland). However, the proposed development (i.e. accessory dwelling unit within the existing residential dwelling) is providing the required 30 metre minimum vegetation protection zone to the key natural heritage and key hydrologic features adjacent to this property. The property is located outside of the Oak Ridges Moraine Conservation Plan area and outside of the Greenbelt Plan area. Existing mapping indicates that the subject property is partially regulated by the LSRCA under Ontario Regulation 179/06 under Section 28 of the Conservation Authorities Act for the following natural hazards and/or natural heritage features:

• Riverine flooding during a Regional Storm Event associated with a tributary of the East Holland River.

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Delegated Responsibility and Statutory Comments:

1. LSRCA has reviewed the application through our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (PPS). The application has demonstrated consistency with Section 3.1 of the PPS as estimated digital terrain modelling elevations have determined that the existing residential dwelling and access points are located outside of an area subject to hazardous lands (i.e. riverine flooding during a Regional Storm Event).

2. LSRCA has reviewed the application as per our responsibilities as a regulatory authority

under Ontario Regulation 179/06. This regulation, made under Section 28 of the Conservation Authorities Act, enables conservation authorities to regulate development in or adjacent to river or stream valleys, Great Lakes and inland lake shorelines, watercourses, hazardous lands and wetlands. Development taking place on these lands may require permission from the conservation authority to confirm that the control of flooding, erosion, dynamic beaches, pollution or the conservation of land are not affected. LSRCA also regulates the alteration to or interference in any way with a watercourse or wetland.

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Ontario Regulation 179/06 does apply to the subject site. A permit from the Lake Simcoe Region Conservation Authority will be required prior to development or site alteration occurring within the LSRCA regulated area. Please note that development includes change of use, such as adding an Accessory Dwelling Unit. However, the principle dwelling and access points are located outside of an area subject to Ontario Regulation 179/06 and therefore a LSRCA permit application will not be required based on the current scope of development.

Advisory Comments

3. LSRCA has reviewed the application through our responsibilities as a service provider to the Town of Newmarket and Regional Municipality of York in that we provide through a MOU as well as through our role as a public body, pursuant to the Planning Act. The overall development of the site does not include the construction of an impervious area or a building with a ground floor area cumulatively equal to or greater than 500m2 (5382 sq. ft.). It is noted that this scale of development does not meet the definition of “major development” per the Lake Simcoe Protection Plan (LSPP) or the York Region Official Plan.

Summary Based upon our review of the submitted information in support of the application, it is determined that the proposal is generally consistent and in conformity with the natural heritage and natural hazard policies of the applicable Provincial, Regional and Local plans. On this basis, we recommend that any approval of this application be subject to the following condition:

a. That the Owner shall pay all development fees to the LSRCA in accordance with the approved Fees Policy under the Conservation Authorities Act. (Note: payment is currently outstanding for the LSRCA review of the minor variance application of $525.00 per the LSRCA 2021 Fee Schedule).

Given the above comments, it is the opinion of the LSRCA that:

1. Consistency with Section 3.1 of the PPS has been demonstrated. 2. Ontario Regulation 179/06 does apply to the subject site. In future, a permit from the Lake

Simcoe Region Conservation Authority will be required prior to any development or site alteration taking place within the LSRCA regulated portion of the property.

Should you have any questions concerning these comments, please contact the undersigned and reference the above file numbers in correspondence. Please advise our office of any decision made with regard to this matter. Sincerely,

Laura Tafreshi Planner I Lake Simcoe Region Conservation Authority (LSRCA)

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Committee of Adjustment

Town of Newmarket

395 Mulock Drive

P.O. Box 328

Newmarket, Ontario

L3Y 4X7

Attention: D. Morton

RE: File D13-A23-21

Dear Mr. Morton,

I am completing this letter to address my concerns regarding an application for a variance at 184 Prospect Street in Newmarket. [File D13-A23-21]

I am the current owner of 180 Prospect Street and my property is directly beside 184 Prospect St. (My property borders the north side of 184 Prospect St.)

It has come to my attention that the owners of 184 Prospect St. have applied for a variance with an area for vehicle parking in order to comply with Township by-laws as they plan to construct a basement apartment at the dwelling of 184 Prospect Street. My understanding is that in order to comply, an additional vehicle parking space needs to be located. They have proposed the additional parking spot to be located on the north side of 184 Prospect St. This location borders the south side of my property at 180 Prospect St.

The plan being proposed by the owners at 184 Prospect St. leaves me with some concerns that I will address below and I have numbered these reasons only for ease of reading. The information I have regarding these plans has been received from a site plan drawing completed by Arfa Design that the owners of 184 Prospect St. have supplied as well as a ‘Notice of Complete Application for Minor Variance and Public Hearing’ issued by the Town of Newmarket.

1. According to the site plan drawing the following information was supplied:

• The northeast side of the structure at 184 Prospect St. is 2.96 m (9.71 ft) from the property line bordering 180 Prospect St.

• The northwest side of the structure at 184 Prospect St. is 2.36 m (7.74 ft) from the property line bordering 180 Prospect St.

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• The structure located at 184 Prospect St. is 3.58 m (11.74 ft) from the eastern property line which borders Prospect St. in Newmarket.

2. I have conducted my own research pertaining to dimensions of average sized automobiles and I

have learned the following: • The average length of a mid-sized automobile is approximately 4.48 m (14.7 ft). • The average width of a mid-sized automobile is approximately 1.82 m (6 ft).

[This measurement does NOT take into account side view mirrors].

These average measurements would allow the first vehicle parked on the north side driveway at 184 Prospect St. to extend at minimum to approximately 1 m (3.2 ft) past the east side of the structure. At this point this portion of the driveway would allow 1.16 m (3.8 ft) for doors to open for the driver side. If the automobile required both the driver and passenger side access the automobile would then need to be adjusted to allow for 0.58 m (1.90 ft) in order to access these areas. Requiring more than 2ft of space to open and access the passenger door would cause an encroachment onto my property.

As the driveway progresses even further towards the west, the new proposed parking area would leave even less space to access the driver or passenger side of a vehicle. Since the average vehicle length is 4.48 m (14.7 ft) the next vehicle would extend at minimum 5.48 m (18 ft) towards the west side of the property where the property minimizes in size to 2.36 m (7.74 ft). Even if the second vehicle is only at the halfway portion of the structure, this would leave approximately 0.31 m (1 ft) for the average 6 ft wide automobile to open the driver side door. It would not be possible to access the passenger side of the vehicle without encroaching onto my property.

3. I have conducted my own research pertaining to the average parking space sizes: • Average length of parking spaces range from 4.8-5.48 m (16-18 ft). • Average width of parking spaces range from 2.40-2.74 m (7.9-9 ft) in width.

According to these figures it would not be possible to fit even a smaller vehicle into the proposed second space without having either the vehicle or the passengers encroaching or trespassing onto my property.

4. The property owners of 184 Prospect St. are asking for relief from certain by-law requirements in relation to parking of vehicles. I have concerns about these requests for relief:

• Relief from Section 5.3.1 which is requesting to excuse the need for a required parking spot for a tenant.

My concern is that if this request is granted where will the new tenant(s) be forced to park their vehicle. Will this force the tenant(s) to park on the street causing situations where others are forced to drive around cars that are utilizing ‘street parking’. This also causes

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concern for tenants/owners leaving their driveway not being able to observe approaching traffic because their field of view is blocked by vehicles parked on the road.

This street parking situation will also block the current bicycle lanes producing another dangerous situation for the residents in the area. In order not to block a bicycle lane a street parked vehicle would need to stop in an active lane of traffic further blocking the field of view. Additionally street parking is prohibited on both sides of Prospect St. in the area of 180 and 184 Prospect St.

• Relief from Section 6.2.3 which is asking to permit zero clearance from the lot line between 184 Prospect St. and 180 Prospect St. where the current setback is 0.6 m (1.96 ft). My concern is again reiterated that in order for any passenger to exit from a parked vehicle, this will require an individual to trespass on the property of 180 Prospect St. Furthermore, what protection will be afforded to ensure that a driver will not cross over the property line while parking said vehicle. As previously demonstrated in paragraph 2, a parked vehicle located in the second proposed parking spot will only have approximately 0.30 m (1 ft) to access the driver door between the vehicle and the structure. Even if parked backward facing the street, a driver will surely need to trespass onto the property at 180 Prospect St. in order to gain access to the vehicle.

• Relief from Section 5.2.2 to make a parking space 2.3 m (7.5ft) in width from the legal 2.6m (8.5 ft) in width. As mentioned in paragraph 3 the average dimensions of a parking spot are still larger than is being proposed. Even at the small end of the scale of average parking spot widths, this proposed dimension for the second parking spot still falls short of the smallest parking space widths. In order to have any access to a parked vehicle it will only be possible to access the vehicle by trespassing onto 180 Prospect St. I have further concerns that have been explained below in paragraph 5.

5. At the measurements described in paragraph 1, the driveway for 184 Prospect St. is at a decline

of approximately 1 m (3 ft) from the street towards the west portion of the house. During the winter months it is very plausible for a vehicle to slide down the driveway as it progresses down the driveway to the proposed second parking spot. I question how the owner of 184 Prospect St. proposes to protect my property and the tenants of 180 Prospect St. due to the close proximity of the proposed driveway to the property line. I don’t believe that there would be enough room for a vehicle to park if a protection barrier (curb, rocks, etc.) were to be placed there.

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6. According to the site plan, there appears to be steps on the west side of the structure for the new basement apartment. The stairs lead in from the north. How will tenants be able to maneuver around a parked car that is parked in the new proposed parking spot. I believe the only logical way would be for the tenants to trespass onto the south side of 180 Prospect St because they would be forced to crawl over the parked car in the second spot.

7. Since we live in a climate where snow is a reality for at least 3-4 months of the year I question how a vehicle would be able to fit into a proposed parking spot when the snow has been piled from the driveway. In order to move the snow from the driveway, the occupants would again need to encroach on my property by piling the snow onto the south side of 180 Prospect St.

8. I would also ask that the owner(s) of 184 Prospect St. provide a more detailed official survey with dimensions that show actual sizes of the proposed parking sites for the north side of the property. The drawings provided are lacking in certain details that will show how the owners propose to answer the questions that I’ve raised so far.

For these reasons I believe if the Committee sees fit to allow this variance, it will be leaving me with problems that will continue and quite possibly progress into a worsening situation. I have observed the south side of 184 Prospect St and there is angled parking for the residence. In order for a vehicle to be properly parked on that side it’s not possible to maneuver around without trespassing onto the neighbouring lot. I do not wish to find myself in the same situation between my property located at 180 Prospect St. and the neighboring property located at 184 Prospect St. Newmarket.

Sincerely,

Donald Sardella

Property Owner of 180 Prospect Street, Newmarket

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PLANNING AND BUILDING SERVICES Town of Newmarket www.newmarket.ca 395 Mulock Drive planning@newmarket.ca P.O. Box 328, STN Main T: 905.953.5321 Newmarket, ON L3Y 4X7 F: 905.953.5140

Planning Report

To: Committee of Adjustment

From: Patricia Cho Planner, Development

Date: July 21, 2021

Re: Application for Minor Variance D13-A24-21

712 Sunnypoint Drive Town of Newmarket Made by: Xu, Xinyi & Lei, Soi Teng

1. Recommendations:

That Minor Variance Application D13-A24-21 be approved, subject to the following conditions:

i. That the variance pertains only to the request as submitted with the application;

ii. That one space in the garage be reserved for the purpose of required parking and for no other use;

iii. That the development be substantially in accordance with the information and site plan submitted with the application; and,

iv. That failure to comply with and maintain the conditions of the Committee shall render the approval null and void.

2. Application:

An application for a minor variance has been submitted by the above-noted owner to request relief from Zoning By-law Number 2010-40 as amended, to vary the minimum number of off-street parking spaces required for an existing semi-detached residential dwelling to permit a new Accessory Dwelling Unit (ADU). The description of the proposed variance is below.

Relief By-

law Section Requirement Proposed

1 2010- 40

5.3.1 To provide four parking spaces exterior to a garage for a dwelling unit and accessory dwelling unit

To provide two parking spaces exterior to a garage and one parking space inside of a garage for a dwelling unit and accessory dwelling unit

The Zoning By-law requires four exterior parking spaces for a semi-detached dwelling with an ADU. Ontario Regulation 299/19, enacted by the Provincial Government in September of 2019, supersedes this requirement and states that municipalities can only require one parking space for an accessory dwelling unit. The effect of this is that three exterior parking spaces are required.

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Application for Minor Variance D13-A24-21 712 Sunnypoint Drive

Town of Newmarket Made by: Xu, Xinyi &

Lei, Soi Teng Page 2 of 4

The above-described property (herein referred to as the “subject lands”) is located in a residential neighbourhood, west of Leslie Street and north of Davis Drive. There is an existing semi-detached residence on the lot and it is abutted by similar single- and semi-detached homes.

3. Planning considerations:

The applicant is requesting relief from the By-law in order to permit a reduction in the required minimum number of off-street parking spaces to facilitate the creation of a legal ADU in the existing building. The Zoning By-law requires four exterior parking spaces for a semi-detached dwelling with an ADU (two for the principle residence, two for the ADU). However, provincial legislation requires a total of three exterior parking spaces for a semi-detached dwelling with an ADU (two for the principle residence, one for the ADU). In this case, the driveway is not large enough to accommodate three exterior spaces which meet the size requirements of the Zoning By-law, as such a variance is required to recognize one parking space in the existing garage.

In order to authorize a variance, Committee must be satisfied that the requested variance passes the four tests required by the Planning Act. In this regard, staff offer the following comments:

Conformity with the general intent of the Official Plan

The subject lands are designated “Residential Areas" in the Town’s Official Plan. This designation permits a range of residential accommodation built form types. Regarding this designation, the Town’s Official Plan states: It is the objective of the Residential Areas policies to: a. provide for a range of residential accommodation by housing type, tenure, size and location to

help satisfy the Town of Newmarket’s housing needs in a context sensitive manner; b. maintain the stability of Residential Areas by establishing zoning standards that acknowledge

and respect the existing physical character of the surrounding neighbourhood; c. recognize the desirability of gradual ongoing change by allowing for contextually-sensitive

development through Planning Act applications, to permit development which contributes to a desirable urban structure, diversified housing stock, optimizes the use of existing municipal services and infrastructure, and is compatible with and complementary to the surrounding neighbourhood; and,

d. encourage a range of innovative and affordable housing types, zoning standards and subdivision designs where it can be demonstrated that the existing physical character of the Residential Area will be maintained.

The Official Plan permits ADU’s in semi-detached dwellings, subject to the provisions of the zoning by-law. The application is found to conform to the Official Plan and therefore this test is met.

Conformity with the general intent of the Zoning By-law

The subject lands are zoned Residential Semi-Detached Dwelling 21.3 Metre (R2-K) Zone by By-law 2010-40, as amended. Semi-detached dwellings and accessory dwelling units are permitted uses in this zone.

Section 5.3.1 of the Zoning By-law sets out the parking standards for residential uses. This Section states that both a semi-detached dwelling and an ADU must have two exterior spaces each, for a total of four exterior parking spaces. This zoning regulation is superseded by provincial regulation which states that municipalities can only require one parking space for an ADU. Therefore only three exterior parking spaces are required. Within the Zoning By-law, a dwelling unit with an ADU is required to provide parking

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Application for Minor Variance D13-A24-21 712 Sunnypoint Drive

Town of Newmarket Made by: Xu, Xinyi &

Lei, Soi Teng Page 3 of 4

spaces exterior of any garage or structure. Therefore the parking requirement is three (3) exterior parking spaces. The general intent of the Zoning By-law is to provide a sufficient number of parking spaces for those residing in the two dwelling units on the property. Currently, the distance of the driveway measured from the garage face to the sidewalk is only long enough to accommodate two parking spaces in tandem, and the width is not long enough to accommodate two vehicles parked side by side. A two car attached garage also exists, however the Zoning By-law prevents parking spaces in the garage from being counted towards the parking requirement. Therefore, the proposed variance would recognize one of the parking spaces inside the garage and thereby allow for a sufficient number of parking spaces for the two dwelling units on the property. The variance requested maintains the general intent of the Zoning By-law and therefore this test is met.

Desirable for the appropriate development of the land

An ADU contributes to the mix of housing types in Newmarket and supports the Town’s goals of providing for more affordable housing and can contribute to an increased supply of rental housing. Furthermore, ADU’s allow an increase in the density of dwelling units and allow homeowners a source of income for their property. While the standard parking requirement of three exterior spaces, in addition to any spaces provided in a garage, may provide ample parking, not all ADUs will generate such a parking demand. A minor variance is the appropriate tool for relief from zoning requirements that would prevent an otherwise desirable development, and a minor parking variance should not overshadow the overall desirability of an ADU as encouraged by Town, Region, and Provincial policy. The variance is considered desirable for the development and the use of the land and therefore this test is met.

Minor nature of the variance

The impact of the proposed variance appears to be minimal as the potentially increased number of vehicles generated by the ADU can be accommodated on site by the existing two exterior spaces combined with one of the parking spaces in the garage.

In consideration of the above, the proposed variance is deemed to meet the four tests under the Planning Act and is recommended to be approved subject to conditions.

4. Other comments:

Heritage

The property is not designated under the Ontario Heritage Act or on the municipal list of non-designated Properties.

Commenting agencies and departments The Chief Building Official has reviewed the application and does not have any objection to this application

subject to compliance with the Ontario Building Code. Engineering Services has reviewed the application and does not object to this application. Comments should

be deferred to the Planning Department.

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Application for Minor Variance D13-A24-21 712 Sunnypoint Drive

Town of Newmarket Made by: Xu, Xinyi &

Lei, Soi Teng Page 4 of 4

The Region of York has reviewed the application and has advised they have no comment to the proposal.

Effect of Public Input

No public input was received as of the date of writing this report.

5. Conclusions:

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.

Respectfully submitted,

Patricia Cho, HBA, MSc. (Pln) Planner, Development

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EXISTING STRUCTURE NOTE:OWNER AND CONTRACTOR IS FULLY RESPONSIBLE FOR VERIFYING ALL EXISTING STRUCTURAL CONDITIONS PRIOR TO ANY WORK. ANY AND ALL DISCREPANCIES SHALL BE REPORTED TO SUITE ADDITIONS INC. PRIOR TO ANY WORK. OWNER AND CONTRACTOR IS FULLY RESPONSIBLE FOR SHORING EXISTING STRUCTURE PRIOR TO ANY WORK

BUILDING CODE COMPLIANCE NOTE:THESE DRAWINGS DO NOT REPRESENT A COMPREHENSIVE AND EXHAUSTIVE GUIDE FOR COMPLIANCE WITH THE ONTARIO BUILDING CODE. IT IS ASSUMED THAT THE CONTRACTOR HAS REASONABLY SUFFICIENT KNOWLEDGE OF THE ONTARIO BUILDING CODE IN ORDER TO PERFORM ALL WORK AS PER THESE DRAWINGS IN SUCH A WAY THAT WILL COMPLY WITH ALL ASPECTS OF THE OBC AND WILL NOT CONTRAVENE ANY OTHER APPLICABLE LAWS

GENERAL NOTES:DRAWING LIST:

1. ALL CONSTRUCTION TO COMPLY WITH THE REVISED ONTARIO BUILDING CODE 2012.2. ALL DIMENSION ARE MEASURED TO ROUGH FRAMING OR TO MASONRY SURFACES UNLESS OTHERWISE NOTED.3. ALL DOORS AND WINDOW OPENINGS ARE MEASURED TO ROUGH FRAMING OR MASONRY OPENINGS.4. CONTRACTOR IS TO VERIFY WINDOW OPENINGS WITH WINDOW MANUFACTURER PRIOR TO COMMENCING WORK.5. READ ARCHITECTURAL DRAWINGS IN CONJUNCTION WITH STRUCTURAL, MECHANICAL AND ELECTRICAL DRAWINGS.6. ELEVATION REFERENCES ARE BASED ON 100’-0” = 131.70m GEODETIC ELEVATIONS AS NOTED ON A1 SITE PLAN.7. ALL DIMENSION MUST BE CHECKED AGAINST THE ARCHITECTURAL DRAWINGS AND THE FIELD CONDITIONS BEFORE COMMENCING FABRICATION. ANY INCONSISTENCIES ARE TO BE REPORTED TO THE CONSULTANT BEFORE PROCEEDING WITH THE WORK. 8. THE CONTRACTOR SHALL PROPERLY SUPERVISE THE WORK AND ENSURE THAT THE WORK IS INSTALLED TO THE CORRECT LINES AND LEVELS, THAT THE CONNECTIONS AND DETAILS CONFORM TO THE DRAWING DETAILS AND SHALL COORDINATE THE INTERFACING OF ALL WORK WITH ALL SUB-TRADES.9. PROVIDE POSITIVE FRONT YARD SLOPE TO MUNICIPAL SEWER FOR WATER RUN-OFF. 10. CONTRACTOR TO BE RESPONSIBLE FOR VERIFYING THE LOCATIONS OF ALL EXISTING UNDERGROUND AND ABOVE UTILITIES AND SERVICES. VARIOUS UTILITIES CONCERNED TO BE GIVEN REQUIRED ADVANCED NOTICE PRIOR TO ANY DIGGING, FOR STAKE OUT. 11. REFER TO LANDSCAPING PLAN FOR PLANTING CONFIRM LAYOUT WITH LANDSCAPE CONTRACTOR.12. DESIGNER NOT RESPONSIBLE FOR ACCURACY OF SURVEY DRAWING. 13. EXISTING DRAINAGE PATTERNS TO REMAIN.

DESCRIPTION:SITE PLAN, SITE STATISTICS AND DRAWING LIST

SCALE: 1/16" = 1'-0"

1SP1.01

SITE PLANSCALE: 1/16"=1'-0"

SP1.01DRAWING NO:

SP1.01 - SITE PLAN, SITE STATISTICS AND DRAWING LISTA1.01 - EXISTING BASEMENT PLANA1.02 - EXISTING MAIN LEVEL PLANA1.03 - PROPOSED BASEMENT PLANA1.04 - PROPOSED MAIN LEVEL PLANA1.05 - CROSS SECTIONA1.06 - DOOR SCHEDULE, WALL SCHEDULE & FIRE SEPARATIONA2.01 - EAST ELEVATIONA2.02 - SOUTH ELEVATIONA2.03 - WEST ELEVATIONA3.01 - EGRESS WINDOW DETAILSA0.01 - CONSTRUCTION SPECSA0.02 - CONSTRUCTION SPECSA0.03 - CONSTRUCTION SPECS

SITE PLAN :

BASED ON THE CITY OF NEWMARKET INTERACTIAVE MAP AND MEASUREMENTS ON SITE

SUITE ADDITIONS INC. ASSUMES NO RESPONSIBILITY FOR ACCURACY OF THE INTERACTIVE MAP FROM THE CITY OF NEWMARKET

THIS SITE PLAN SHALL NOT BE USED FOR ANY OTHER PURPOSES.

NO WORK TO ENCROACH ONTO ADJOINING PROPERTIES

FRONT YARD: 1017 SF

LANDSCAPED AREA = 294.5 SF = 28.9%

HARD SURFACE AREA = 722.5 SF = 71.1%

ADDRESS 712 SUNNYPOINT DR., NEWMARKET, ON, L3Y 2Z8

NEIGHBOURHOOD LOT NUMBER PLAN NUMBER

ZONING TYPELOT AREALOT FRONTAGEDESCRIPTION FLOOR AREAS ALLOWED EXISTING PROPOSEDBASEMENT - 690 SQ. FT. NO CHANGE

MAIN FLOORS - 1225 SQ. FT. NO CHANGE

SETBACKS

SIDE (N) - - NO CHANGE

FRONT (E) - 33' - 6" NO CHANGESIDE (S) - 5' - 10" NO CHANGEBACK (W) - 25' - 8" NO CHANGE

SITE INFORMATION & STATISTICS: PROJECT:2 FAMILY DWELLING CONVERSION

ADDRESS:712 SUNNYPOINT DR., NEWMARKET, ON, L3Y 2Z8

CLIENT: SHAWN

DRAWN BY: ANDY TRAN /

ISSUE DATE: RE-ISSUE DATE: ____

Contractor must verify all dimensions and be responsible for reporting any discrepancies to Suite Additions Inc. before commencing with work. The drawing is an instrument of service and shall remain the property of Suite Additions Inc., the copyright of this drawing and work executed from the same being reserved. Do not scale drawings.

The undersigned has reviewed and takes responsibility for this design, and has the qualifications and meets the requirements set out in the Ontario Building Code to be a designer.

____________________________Andy Tran - SignatureIndividual BCIN: 102774Firm: Suite Additions Inc.Firm BCIN: 102497

SUITE ADDITIONS INC.3-2375 Brimley Rd, Suite 807

Toronto, ON, M1S 3L6Tel: 416-525-2628

Email: info@suiteadditions.com

N30

'-0"

5'-1

0"

30'-0

"SEMI-DETACHEDBRICK HOUSE

NO. 712

90° 90°

90°90°

25'-8"

PROPERTY LINE

PROPERTY LINE

PROPERTY LINE

EXISTINGDRIVEWAY

EXISTINGGARAGEWITHIN DWELLING

MINIMUM 2.6 M x 5.0 M ACCESS FOR EXTERIORPARKING SPOT

R2-K: RESIDENTIAL SEMI-DETACHED DWELLING 21.3m ZONE

3352 SQ. FT.30'- 4"

SUN

NYP

OIN

T D

RIV

E

110'-0"

34'-10"

21'-2

"

8'-1

"

PROPERTY LINE

PROPERTY LINE

17'-8"

MINIMUM 2.6 M x 5.0 M ACCESS FOR EXTERIORPARKING SPOT

MINIMUM 2.6 M x 5.0 M ACCESS FOR EXTERIORPARKING SPOT

NO. 6

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Morton, Devon

From: Potter, DavidSent: July 2, 2021 9:28 AMTo: Morton, DevonCc: Larmer, Jennifer; Olsen, Michelle; Greenham, CurtisSubject: RE: Committee of Adjustment - Notice of Application Circulation (June 23rd, 2021)

Hi Devon:  Please see comments below.  Dave  

From: Morton, Devon <dmorton@newmarket.ca>  Sent: June 30, 2021 5:27 PM To: Taylor, John <jtaylor@newmarket.ca>; Woodhouse, Victor <vwoodhouse@newmarket.ca>; Kwapis, Bob <bkwapis@newmarket.ca>; Bisanz, Christina <cbisanz@newmarket.ca>; Simon, Grace <gsimon@newmarket.ca>; Broome, Kelly <kbroome@newmarket.ca>; Twinney, Jane <jtwinney@newmarket.ca>; Morrison, Trevor <tmorrison@newmarket.ca>; Sharma, Jag <jsharma@newmarket.ca>; Noehammer, Peter <pnoehammer@newmarket.ca>; Unger, Jason <junger@newmarket.ca>; Potter, David <dpotter@newmarket.ca>; Larmer, Jennifer <jlarmer@newmarket.ca>; Prudhomme, Rachel <rprudhomme@newmarket.ca>; Majdi, Sepideh <smajdi@newmarket.ca>; Villanueva, Lawrence <lVillanueva@newmarket.ca>; Lyons, Lisa <llyons@newmarket.ca>; Saini, Kiran <ksaini@newmarket.ca>; rowcentre@bell.ca; Development Services <developmentservices@york.ca>; christian.singh@ontario.ca; gcreta@envinetwork.com; Elizabeth Lew (elew@sympatico.ca) <elew@sympatico.ca>; Gino Vescio (gvescio1951@yahoo.ca) <gvescio1951@yahoo.ca>; Ken Smith (khsmithis@rogers.com) <khsmithis@rogers.com>; Michelle Starnes (michs@rogers.com) <michs@rogers.com>; Mohsen Alavi (alavim@yorku.ca) <alavim@yorku.ca>; Peter Mertens (pmertens@bell.net) <pmertens@bell.net>; Laura Tafreshi <L.Tafreshi@lsrca.on.ca>; McDonald, John <jmcdonald@cyfs.ca>; Oberfrank, Joshua <joberfrank@newmarket.ca>; Puccini, Lisa <lpuccini@cyfs.ca>; Tustin, Tim <ttustin@cyfs.ca>; Mike Thibeault <mikeufi@rogers.com>; Shane Jobber <shane@urbanforestinnovations.com>; PHILIP WASSENAER <pwassenaer1022@rogers.com>; McKee, Jessica <jmckee@newmarket.ca> Cc: Cammaert, Adrian <acammaert@newmarket.ca>; Cho, Patricia <pcho@newmarket.ca>; Nagulan, Janany <jnagulan@newmarket.ca>; February, Stephanie <sfebruary@newmarket.ca> Subject: RE: Committee of Adjustment ‐ Notice of Application Circulation (June 23rd, 2021)  

Good evening, The next virtual Committee of Adjustment hearing will be held on Wednesday, July 21st, 2021 at 9:30 AM. The Committee of Adjustment will consider the following new applications:

D13-A20-21 (582 Gorham Street - Deborah Alexander) WARD 2 The applicant is proposing the construction of a new residential dwelling. No objection subject to compliance with the Ontario Building Code

D13-A21-21 (238 Frederick Curran Lane - Eric Kimla) WARD 7 The applicant is proposing the construction of a new covered porch. No objection subject to compliance with the Ontario Building Code

D13-A22-21 (497 Dover Crescent - Ali Valinia) WARD 4

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The applicant is proposing the addition of an ‘Accessory Dwelling Unit’. No objection subject to compliance of the ADU with the Ontario Building Code

D13-A23-21 (184 Prospect Street - Sahar Arfa) WARD 5 The applicant is proposing the addition of an ‘Accessory Dwelling Unit’. No objection subject to compliance of the ADU with the Ontario Building Code

D13-A24-21 (712 Sunnypoint Drive - Willie Desintonio) WARD 3 The applicant is proposing the addition of an ‘Accessory Dwelling Unit’. No objection subject to

compliance of the ADU with the Ontario Building Code The Committee requests your advice and comments on these matters. The Committee would like to receive comments by Wednesday, July 14th, 2021 for inclusion in the Staff Report and for the benefit of everyone in attendance at the hearing. For your convenience, you may access the submission documents and the Notice of Application in digital format using the link below: https://tonfileshare.newmarket.ca:443/share.cgi?ssid=174e0bf2e36947b7bf7a19c3df96ebf3 Please let me know if you have any questions. Thank you,

 

Devon Morton, B.U.R.Pl Planner, Committee of Adjustment & Cultural Heritage Secretary-Treasurer to the Committee of Adjustment Planning and Building Services dmorton@newmarket.ca www.newmarket.ca Newmarket: A Community Well Beyond the Ordinary

Please note that I am working remotely due to the COVID-19 pandemic and can be reached by email.  

This email was scanned by Bitdefender

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DEVELOPMENT AND INFRASTRUCTURE SERVICES - ENGINEERING SERVICES

Town of Newmarket www.newmarket.ca

395 Mulock Drive engineering@newmarket.ca

P.O. Box 328, STN Main T: 905 895.5193

Newmarket, ON L3Y 4X7 F: 905 953.5138

M E M O R A N D U M TO: Jason Unger, B.E.S., M.PL., MCIP, RPP, Director, Planning and Building Services

FROM: Sepideh Majdi, P.Eng., Manager, Development Engineering DATE: July 12, 2021 RE: Application for Minor Variance Made by: Xu, Xinyi & Lei, Soi Teng

File No.: D13-A24-21 712 Sunnypoint Drive

PT LT 6 PL 564 EAST GWILLIMBURY AS IN R623201 ; S/T B55801B Town of Newmarket Ward 3 Engineering Services File No.: R. Sunnypoint Dr

We herein acknowledge receipt of the Application for Minor Variance wherein the applicant is proposing to add an accessory dwelling unit. The following relief is requested from Zoning By-law 2010-40, as amended:

1. Relief from Section 5.3.1 Minimum Off-Street Parking Requirements to permit one parking space for an Accessory Dwelling Unit be provided within the garage whereas the By-law requires parking spaces be provided exterior to any garage.

We have concerns with this application, as allowing this request may result in additional cars parking on the road. We have been advised that parking requirements are typically commented on by the Planning Department and Planning have been supporting requests of this nature. For the sake of consistency, it is our opinion that Engineering should defer comments to the Planning Department and not object to this request at this time. Should you have any questions please contact the undersigned. Sincerely, ENGINEERING SERVICES Sepideh Majdi, P.Eng. Manager, Development Engineering SM: BB, File No.: SM0045

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Morton, Devon

From: Hurst, Gabrielle <Gabrielle.Hurst@york.ca>Sent: July 12, 2021 8:55 AMTo: Morton, DevonSubject: RE: D13-A24-21 Committee of Adjustment - Notice of Application Circulation (June

23rd, 2021)

Good morning Devon, The Regional Municipality of York has completed its review of the above minor variance and has no comment.  

Gabrielle  Gabrielle Hurst mcip rpp | Community Planning and Development Services | The Regional Municipality of York| 1‐877 464 9675 ext 71538 | gabrielle.hurst@york.ca |www.york.ca      

From: Morton, Devon <dmorton@newmarket.ca>  Sent: Wednesday, June 30, 2021 5:27 PM To: John Taylor <jtaylor@newmarket.ca>; Woodhouse, Victor <vwoodhouse@newmarket.ca>; Kwapis, Bob <bkwapis@newmarket.ca>; Bisanz, Christina <cbisanz@newmarket.ca>; Simon, Grace <gsimon@newmarket.ca>; Broome, Kelly <kbroome@newmarket.ca>; Twinney, Jane <jtwinney@newmarket.ca>; Morrison, Trevor <tmorrison@newmarket.ca>; Sharma, Jag <jsharma@newmarket.ca>; Peter Noehammer <pnoehammer@newmarket.ca>; Unger, Jason <junger@newmarket.ca>; Potter, David <dpotter@newmarket.ca>; Larmer, Jennifer <jlarmer@newmarket.ca>; Rachel Prudhomme <rprudhomme@newmarket.ca>; Majdi, Sepideh <smajdi@newmarket.ca>; Villanueva, Lawrence <lVillanueva@newmarket.ca>; Lyons, Lisa <llyons@newmarket.ca>; Kiran Saini <ksaini@newmarket.ca>; rowcentre@bell.ca; Development Services <developmentservices@york.ca>; christian.singh@ontario.ca; gcreta@envinetwork.com; Elizabeth Lew (elew@sympatico.ca) <elew@sympatico.ca>; Gino Vescio (gvescio1951@yahoo.ca) <gvescio1951@yahoo.ca>; Ken Smith (khsmithis@rogers.com) <khsmithis@rogers.com>; Michelle Starnes (michs@rogers.com) <michs@rogers.com>; Mohsen Alavi (alavim@yorku.ca) <alavim@yorku.ca>; Peter Mertens (pmertens@bell.net) <pmertens@bell.net>; Laura Tafreshi <L.Tafreshi@lsrca.on.ca>; McDonald, John <jmcdonald@cyfs.ca>; Oberfrank, Joshua <joberfrank@newmarket.ca>; Puccini, Lisa <lpuccini@cyfs.ca>; Tustin, Tim <ttustin@cyfs.ca>; Mike Thibeault <mikeufi@rogers.com>; Shane Jobber <shane@urbanforestinnovations.com>; PHILIP WASSENAER <pwassenaer1022@rogers.com>; McKee, Jessica <jmckee@newmarket.ca> Cc: Cammaert, Adrian <acammaert@newmarket.ca>; Cho, Patricia <pcho@newmarket.ca>; Nagulan, Janany <jnagulan@newmarket.ca>; February, Stephanie <sfebruary@newmarket.ca> Subject: RE: Committee of Adjustment ‐ Notice of Application Circulation (June 23rd, 2021)  

CAUTION! This is an external email. Verify the sender's email address and carefully examine any links or attachments before clicking. If you believe this may be a phishing email, forward it to isitsafe@york.ca then delete it from your inbox. If you think you may have clicked on a phishing link, report it to the IT Service Desk, ext. 71111, and notify your supervisor immediately.

Good evening, The next virtual Committee of Adjustment hearing will be held on Wednesday, July 21st, 2021 at 9:30 AM. The Committee of Adjustment will consider the following new applications:

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D13-A20-21 (582 Gorham Street - Deborah Alexander) WARD 2

The applicant is proposing the construction of a new residential dwelling. D13-A21-21 (238 Frederick Curran Lane - Eric Kimla) WARD 7

The applicant is proposing the construction of a new covered porch. D13-A22-21 (497 Dover Crescent - Ali Valinia) WARD 4

The applicant is proposing the addition of an ‘Accessory Dwelling Unit’. D13-A23-21 (184 Prospect Street - Sahar Arfa) WARD 5

The applicant is proposing the addition of an ‘Accessory Dwelling Unit’. D13-A24-21 (712 Sunnypoint Drive - Willie Desintonio) WARD 3

The applicant is proposing the addition of an ‘Accessory Dwelling Unit’. The Committee requests your advice and comments on these matters. The Committee would like to receive comments by Wednesday, July 14th, 2021 for inclusion in the Staff Report and for the benefit of everyone in attendance at the hearing. For your convenience, you may access the submission documents and the Notice of Application in digital format using the link below: https://tonfileshare.newmarket.ca:443/share.cgi?ssid=174e0bf2e36947b7bf7a19c3df96ebf3 Please let me know if you have any questions. Thank you,

 

Devon Morton, B.U.R.Pl Planner, Committee of Adjustment & Cultural Heritage Secretary-Treasurer to the Committee of Adjustment Planning and Building Services dmorton@newmarket.ca www.newmarket.ca Newmarket: A Community Well Beyond the Ordinary

Please note that I am working remotely due to the COVID-19 pandemic and can be reached by email.   

This email was scanned by Bitdefender  

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