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Committee of Adjustment
August 17, 2016
What was decided (10 motions)
8 carried, 2 recorded otherwise. Every motion below is printed as the minutes print it.
THAT Minor Variance Application D13-A07-16 be approved, subject to the following conditions: 1. That the applicants enter into an agreement with the Town stating that as long as there is an Accessory Dwelling Unit in the dwelling unit that the garage remain available to park two (2) cars; 2. That the agreement is registered on title of the property; 3. That the variance pertains only to the requests as submitted with the application; and 4. That the development be substantially in accordance with the information submitted with the application. as the Minor Variance Application: (1) is minor in nature as the impact on adjacent properties appears to be minimal ; (2) conforms to the general intent and purpose of the Official Plan and Zoning By-law; and (3) does not adversely affect the character of the neighbourhood and is considered a desirable development of the lot.
Moved by Fred Stoneman, seconded by Elizabeth Lew
Carried
THAT Minor Variance Application D13-A04-16 be approved, subject to the following conditions: 1. That the variance pertains only to the requests as submitted with the application; 2. That the applicant be advised that prior to the issuance of any building permit compliance will be required with the provisions of the Town’s Tree Preservation, Protection, Replacement and Enhancement Policy; and 3. That the development be substantially in accordance with the information submitted with the application. as the Minor Variance Application: (1) is minor in nature as the impact on adjacent properties appears to be minimal ; (2) conforms to the general intent and purpose of the Official Plan and Zoning By-law; and (3) does not adversely affect the character of the neighbourhood and is considered a desirable development of the lot.
Moved by Peter Mertens, seconded by Ken Smith
Carried
THAT Minor Variance Application D13-A10-16 be approved, subject to the following conditions: 1. That the variance pertains only to the requests as submitted with the application; 2. That the applicant be advised that prior to the issuance of any building permit compliance will be required with the provisions of the Town’s Tree Preservation, Protection, Replacement and Enhancement Policy; and 3. That the development be substantially in accordance with the information submitted with the application. as the Minor Variance Application: (1) is minor in nature as the impact on adjacent properties appears to be minimal ; (2) conforms to the general intent and purpose of the Official Plan and Zoning By-law; and (3) does not adversely affect the character of the neighbourhood and is considered a desirable development of the lot.
Moved by Peter Mertens, seconded by Elizabeth Lew
Carried
THAT Consent Application D10-B02-16 be approved, subject to the following conditions: That prior to the issuance of the Certificate of Official, that the owner be required to obtain a demolition permit and remove the existing structures on the lot; That the applicant be advised that prior to the issuance of any building permit compliance will be required with the provisions of the Town’s Tree Preservation, Protection, Replacement and Enhancement Policy; and That the applicant be required to submit a geotechnical report to the satisfaction of the LSRCA which assesses the identified apparent valleylands on the property and identifies a stable top of bank and appropriate building envelope on the proposed lot; and That the owner submit a site plan with topographic information to the satisfaction of the LSRCA confirming that the proposed building envelope is outside of the identified floodplain area on the proposed lot; and That the owner be advised that a permit from the LSRCA will be required prior to any site alteration or development within the area on the site regulated by Ontario Regulation 179/06 under the Conservation Authorities Act; and That the owner be required to convey to the Town an area of property not less than 5 metres by 5 metres at the intersection of Queen Street and Roxborough Road for the purposes of a daylighting triangle, and that such a daylighting triangle shall be included on the proposed plan for registration (M Plan) and on all engineering drawings; a
Moved by Fred Stoneman, seconded by Peter Mertens
Carried
THAT Minor Variance Application D13-A08-16 be approved as the Minor Variance Application meets the general intent of the zoning by-law and is a desirable development. Peter Mertens and Ken Smith voted in favour of motion. Fred Stoneman and Elizabeth Lew voted against motion. Committee recessed at 10:14 a.m. to seek legal advice with respect to the tie vote. Committee reconvened at 10:27 a.m. with Fred Stoneman in the Chair. Mr. Stoneman advised that the motion to approve the application was
Moved by Peter Mertens, seconded by Ken Smith
Lost
THAT the Minutes of the Wednesday, June 15 th , 2016 meeting be approved as circulated.
Moved by Fred Stoneman, seconded by Peter Mertens
Carried
THAT the meeting of Wednesday, December 21, 2016 be cancelled.
Moved by Gino Vescio, seconded by Peter Mertes
Carried
THAT the Meeting adjourn.
Moved by Peter Mertens, seconded by Fred Stoneman
Carried
THAT Consent Application D10-B02-16 be approved, subject to the following conditions: 1. That prior to the issuance of the Certificate of Official, that the owner be required to obtain a demolition permit and remove the existing structures on the lot; 2. That the applicant be advised that prior to the issuance of any building permit compliance will be required with the provisions of the Town’s Tree Preservation, Protection, Replacement and Enhancement Policy; and 3. That the applicant be required to submit a geotechnical report to the satisfaction of the LSRCA which assesses the identified apparent valleylands on the property and identifies a stable top of bank and appropriate building envelope on the proposed lot; and 4. That the owner submit a site plan with topographic information to the satisfaction of the LSRCA confirming that the proposed building envelope is outside of the identified floodplain area on the proposed lot; and 5. That the owner be advised that a permit from the LSRCA will be required prior to any site alteration or development within the area on the site regulated by Ontario Regulation 179/06 under the Conservation Authorities Act; and 6. That the owner be required to convey to the Town an area of property not less than 5 metres by 5 metres at the intersection of Queen Street and Roxborough Road for the purposes of a daylighting triangle, and that such a daylighting triangle shall be included on the proposed plan for registration (M Plan) and on all engin
Moved by Fred Stoneman, seconded by Peter Mertens
Carried
7 of 7 Town of Newmarket I Committee of Adjustment I Minutes – August 17, 2016 8 THAT Minor Variance Application D13-A08-16 be approved as the Minor Variance Application meets the general intent of the zoning by-law and is a desirable development. Peter Mertens and Ken Smith voted in favour of motion. Fred Stoneman and Elizabeth Lew voted against motion. Committee recessed at 10:14 a.m. to seek legal advice with respect to the tie vote. Committee reconvened at 10:27 a.m. with Fred Stoneman in the Chair. Mr. Stoneman advised that the motion to approve the application was