Newmarket nixes new-build bid, citing clash with local character

'I am thrilled ... our community needs to retain its individual character,' longtime downtown resident says

Newmarkettoday.ca
November 6, 2019
Kim Champion

The battle to save the bungalows on Kathryn Crescent landed a victory Monday as Newmarket council denied a development proposal that would have seen two lots on the downtown street carved up to make way for three new single-family, two-storey homes.

“I am thrilled,” said Donna McKinnon, a longtime Newmarket resident who has lived in the Avenue Road and Lorne Avenue area for 12 years. “This should never have been an option in the first place. Our community needs to retain its individual character and this will ensure future buyers don't purchase with the intention of crowding the property.”

McKinnon was one of many residents who spoke out against the application at a late-August public meeting. At that time, neighbours also presented to council a 200-signature petition asking it to nix the application.

The proposal was put forward by a local family, Siavash, Zahar, and Faras Kariminejad Nobari, who sought to raze its two 1950s bungalows on Kathryn Crescent and rezone those properties to create three smaller lots of about 40 feet in width so family members may build their own homes of about 2,300-square-feet apiece.

Bungalow and side-split houses now line the long-established Kathryn Crescent, noted for its near-typical 60-foot frontages and generous setbacks that lend an open and airy feel to the streetscape.

But the Kariminejad Nobaris’ proposal would result in mass and height that is not in keeping with the surrounding neighbourhood, according to a staff report.

“It is the opinion of staff that the proposal to divide two lots into three lots of reduced frontages, increased lot coverage, and reduced setbacks is not harmonious with the streetscape and predominant built form character of the neighbourhood,” states the report.

A representative for the family had argued at the Aug. 26, 2019 public meeting that the family’s building proposal respects the character and architecture of the community, and that the only changes to the properties would be to the frontage and the coverage.

“His purpose is to sever (the two lots into three separate building lots) and build three houses so they can reside there, and his children can have one house each. That’s a cultural thing. He is not a builder, he is not looking to enter this project as a commercial project,” design and project management firm Sunrise Constrade co-founder Tolou Bahramian said.

One parcel of land is owned by the parents, and the other property is owned by their two children.

The neighbours, however, took issue with the height, shadow impacts, parking, and what they believe would be a blight on the neighbourhood character. A loss of privacy was also cited along with a perception that if approved, this proposal would lower home value in the neighbourhood, the staff report noted.

“In reviewing (all) considerations, it is apparent that this proposal is primarily an exercise in compatibility as there are no servicing issues, onsite parking can be accommodated and the legislative process has been adhered to,” the report states. “Staff have identified policies of the Official Plan to which the proposed amendment does not appear to conform -- namely, that the proposed development is not compatible with the adjacent uses and that the size of the lot is not appropriate for the proposed uses.”

Councillor Bob Kwapis said he supports the recommendation to deny the Kathryn Crescent development application.

“I do feel that the application is not compatible with the established neighbourhood that’s in place right now,” he said.

Mayor John Taylor said there’s an important balance at play when making decisions on intensification and additional housing opportunities, along with protecting stable residential neighbourhoods.

The town’s interim control bylaw that’s in place until at least mid-2020 and puts the brakes on most new infill development while a companion neighbourhood characteristics study is carried out, is anticipated to drive new policies that strike the right balance for growth and housing.

“The old set of rules was one-size-fits-all, but now we’re moving toward more contextualized decision-making in this area that still allows infill opportunities to occur, but they’ll be appropriate to the neighbourhood they are in,” Taylor said. “but the disruption to an existing neighbourhood, where it’s all bungalow and side-splits and to start introducing smaller lots and larger houses, it really does start to change the character and I don’t think it works here.”

Sunrise Constrade's Tolou Bahramian could not be reached for comment.