The Minutes of the 1st Meeting of the Vaughan Committee of Adjustment for the year 2000 Thursday JANUARY 6, 2000

Transcription

1 The Minutes of the 1st Meeting of the Vaughan Committee of Adjustment for the year 2000 Thursday JANUARY 6, 2000 Present at the meeting were: 6:15 p.m. M. Mauti T. DeCicco K. Hakoda S. Perrella Members of Staff present: Dianne E.L. Grout, Secretary-Treasurer Lenore Providence, Assistant Secretary-Treasurer Cristina Monaco-Pavone, Assistant Secretary-Treasurer Glenn White, Planner Craig Coulter, Plans Examiner Armine Hassakourians, Plans Examiner INTRODUCTION OF ADDENDUM REPORTS MOVED by S. Perrella Seconded by T. DeCicco That the addendum reports be incorporated into the minutes and be on view at the back of the room in the Report Book. CARRIED DISCLOSURE OF PECUNIARY INTEREST T. DeCicco declared a conflict of interest with respect to Item # s 6 and 7, File Nos. B8/00 and A365/98, ISLINGTON-RUTHERFORD INC. INC. as he has interest in the land. ADOPTION OR CORRECTION OF MINUTES MOVED by S. Perrella Seconded by K. Hakoda THAT the minutes of the Committee of Adjustment Meeting of December 2, 1999 be adopted as circulated. CARRIED ADJOURNMENTS AND/OR DEFERRALS Patrick Bourk, the agent, faxed a letter to the Committee requesting that Item # s 15 and16, GEORGE AND RACHEL HAKOUN File Nos.B11/00 and A8/00, be ADJOURNED SINE DIE. Wes Surduka, the agent, faxed a letter to the Committee requesting that Item # 25, IL GONDOLIERE (1983) LIMITED, File No. A7/00, be ADJOURNED SINE DIE, to allow the Planning Department to review additional information, that was recently submitted. MOVED by S. Perrella Seconded by T. DeCicco THAT Item # s 15 and 16, GEORGE AND RACHEL HAKOUN File Nos. B11/00 and A8/00, be ADJOURNED SINE DIE. THAT Item # 25, IL GONDOLIERE (1983) LIMITED, File No. A7/00, be ADJOURNED SINE DIE. CARRIED. 1

2 PERMISSION PUBLIC HEARING (Previously heard item) 1. FILE NO. A389/99 TIBOR & ELIZABETH GARDONYI Lot 75, Registered Plan 65M-3095 (Part of Lot 24, Concession 4) municipally known as 18 Sandway Crescent. By-law 1-88 zones this parcel R3" Residential. The applicant is requesting permission to allow for a secondary unit, including a kitchen within an existing single family dwelling unit, where as the By-law states that no cellar or part of any building shall be used for a dwelling unit. One dwelling unit is permitted within a single family detached dwelling. Tibor Gardonyi, the applicant, appeared before the Committee. The Committee asked Mr. Gardonyi if he was able to reach any agreement with the Building Standards Department or Planning Department staff. Mr. Gardonyi told the Committee that he met with staff but was not able to come to any agreement. Committee asked Mr. Gardonyi for clarification of his request. They asked if he wanted a second dwelling unit or just a stove in the basement. Mr. Gardonyi told the Committee that he is requesting to have a stove in his basement. There was no one in attendance either in support of or in opposition to the request. Community Planning Department made the following written comments: Since one dwelling unit is permitted within a single family detached dwelling, this application should be processed by way of an application to amend the Zoning By-law. There were no other objections from any Departments or Agencies. The Committee is of the opinion that the permission sought can not be considered desirable for the appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will not be maintained. MOVED by S. Perrella Seconded by T. DeCicco THAT Application No. A389/99, TIBOR AND ELIZABETH GARDONYI, be REFUSED. CARRIED. T. DeCicco left the Council Chambers at this time and did not take part in the discussion for the following items. CONSENT AND MINOR VARIANCE PUBLIC HEARINGS: 2. FILE NOS. B8/00 and A365/98 & ISLINGTON-RUTHERFORD INVESTMENT INCORPORATED 3 2

3 Block 250, Registered Plan 65M-3318 (Part of Lot 18, Concession 8) located at the south west corner of Islington Avenue and Napa Valley Avenue. 3

4 CONSENT AND MINOR VARIANCE PUBLIC HEARINGS: 2. FILE NOS. B8/00 and A365/98 & ISLINGTON-RUTHERFORD INVESTMENT INCORPORATED 3 S B8/00 - The purpose of the application is to request the consent of the Committee of Adjustment to convey a parcel of land for right-of-way purposes in favour of the lands to the South, and retain lands for future Retail Commercial Plaza. The subject and retained lands are presently vacant. A driveway is proposed on the subject land from Islington Avenue to parking areas and landscaping. By-law 1-88 zones the subject and retained lands C4(H)" Neighbourhood Commercial Holding Zone. A365/98 - By-law 1-88 zones this parcel C4(H) Neighbourhood Commercial. The applicant is requesting variances to permit the construction of a one storey, commercial retail plaza, notwithstanding, 1) Setback to residential zone will be 10.0m, rather than the By-law requires a minimum setback to residential zone of 22.5m; 2) Landscape abutting a street will be 3.0m, rather than the By-law requires minimum landscape abutting a street of 6.0m; 3) Rear yard setback will be 10.0m, rather than the By-law requires a minimum of 15m; 4) Front yard setback will be 6.0m, rather than the By-law requires a minimum of 11.0m; 5) Loading and unloading will be between a building and a street, rather than the By-law requires no loading and unloading between a building and a street. Don Given, the agent appeared and gave a brief submission regarding the request. He told the Committee that after further discussions with Planning staff, a few amendments were made resulting in an additional variance to A365/98. Mr. Frank Greco, Islington Avenue, Vaughan, Ontario, L0J 1C0, appeared and submitted a copy of a letter he faxed earlier in the day which discussed his concerns. He told the Committee that since faxing the letter he has reviewed new drawings illustrating one loading dock, which will be enclosed, and he no longer has any objections regarding the request. The Committee asked the applicant, if he would like to adjourn his applications, so he could amend the application to include any additional variances. Mr. Given agreed. There was no one else in attendance either in support of or in opposition to the request. There were no objections from any Departments or Agencies and any conditions requested are listed below. MOVED by S. Perrella Seconded by K. Hakoda THAT Application Nos. B8/00 and A365/98, ISLINGTON-RUTHERFORD INVESTMENTS INCORPORATED, be ADJOURNED SINE DIE, to allow the applicant to amend and re-circulate his variance application. CARRIED. T. D. returned to the Council Chambers at this time and took part of the remaining items. 4

5 MINOR VARIANCE PUBLIC HEARINGS: 4. FILE NO. A377/99 THE TRUSTEE OF THE HUMBER SUMMIT COMMUNITY CHURCH Lot 20, Registrar s Compiled Plan No. 9691, (Part of Lot 1, Concession 7) municipally known as 7056 Islington Avenue North. During the applicant s submission it was agreed to amend the application by deleting the following :...and any other incidental variances to By-law 1-88, required to facilitate the relocation of the church, in accordance with the attached sketch... By-law 1-88 zones these parcels A" Agricultural. The applicant is requesting variances to permit the relocation of an existing one storey church and basement on the existing lot to provide for the reconstruction of Islington Avenue by the Region of York, notwithstanding the: 1) Side yard setback will be 1.5m, rather than the By-law requires a minimum side yard setback of 15m; 2) Rear yard setback will be 1.8m, rather than the By-law requires a minimum of 15m; 3) Front yard setback will be 10.5m, rather than the By-law requires a minimum of 15m; 4) Lot frontage will be 17.5m, rather than the By-law requires a minimum of 20m; 5) Lot coverage will be 30%, rather than the By-law requires a maximum of 20%; 6) Parking requirements will be 6 parking spaces / 100 sq.m. of G.F.A., rather than the By-law requires a minimum of 11 parking spaces / 100 sq.m. of G.F.A. David Matthews of Patrick Sweet & Assoc. Ltd. appeared as the agent, on behalf of the applicant and gave a brief submission regarding the request. The Committee asked Mr. Matthews to address Planning Departments comments. Mr. Matthews told the Committee that he is willing to amend the application by removing mention of and any other incidental variances to By-law 1-88, required to facilitate the relocation, in accordance with the attached sketch. R. Trensch, 8 Esplange Road, Bramalea Road, Bramalea, Ontario, L6T 2C7, appeared in support of the application. There was no one else in attendance either in support of or in opposition to the request. Planning Department made the following written comments: The Community Planning Department cannot support this request for an open ended variance approval. If additional variances are needed as a result of moving the church, then the applicant would have to apply to the committee of Adjustment again and the Committee would evaluate a new application at that time. All requested variances should be specified in the application. The Community Planning Department does not consider this request appropriate for the Committee of Adjustment. There were no other objections from any Departments or Agencies and any conditions requested be listed below. The Committee is of the opinion that the variances sought can be considered minor and are desirable for the appropriate development and use of the land. The general intent and purpose of 5

6 the By-law and the Official Plan will be maintained. 6

7 MINOR VARIANCE PUBLIC HEARINGS: 4. FILE NO. A377/99 THE TRUSTEE OF THE HUMBER SUMMIT COMMUNITY CHURCH MOVED by K. Hakoda Seconded by T. DeCicco THAT Application Nos. A377/99 - THE TRUSTEES OF THE HUMBER SUMMIT COMMUNITY CHURCH., be APPROVED, AS AMENDED, subject to the following conditions: 1. That the applicant obtain Site Plan approval, if required, to the satisfaction of the Building Standards Department; 2. That the applicant obtain a Site Development application, if required, to the satisfaction of the Community Planning Department; 3. That if the conditions listed above are not fulfilled within twelve (12) months of the date this decision becomes final and binding, the said decision shall expire and shall be deemed to have been annulled and rescinded by the Committee. CARRIED MINOR VARIANCE PUBLIC HEARINGS: 5. FILE NO. A365/99 SILDON HOLDINGS LTD. Block 161, Registered Plan 65M-3094, (Part of Lot 24, Concession 4), known as Brandon Gate. By-law 1-88 zones this parcel C3" Local Commercial. The applicant is requesting variances to permit the construction of a one storey commercial plaza, notwithstanding, 1) Interior side yard setback will be 6.14m, rather than the By-law requires interior side yard setback of 9.0m; 2) Rear yard setback will be 6.05m, rather than the By-law requires rear yard setback of 9.0m; 3) Landscape strip abutting east and south lot lines will be 1.5m and 0.0m respectively, rather than the By-law requires landscape strip abutting east and south lot lines of 2.4m; 4) Landscape strip abutting Brandon Gate will be 3.0m, rather than the by-law requires landscape strip abutting Brandon Gate of 6.0m. Nino Rico, the agent, appeared on behalf of the applicant and gave a brief submission regarding the request. Vince DiMeglis, 123 Pine Hollow Cres., Maple, Ontario, L6A 2L6, appeared in support of the request. There was no one else in attendance either in support of or in opposition to the request. By-law division made the following written comments: Please note that By-Law has concerns regarding the narrow landscape strips. There were no objections from any Departments or Agencies and any conditions requested be listed below. The Committee is of the opinion that the variances sought can be considered minor and are desirable for the appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will be maintained. 7

8 MINOR VARIANCE PUBLIC HEARINGS: 5. FILE NO. A365/99 SILDON HOLDINGS LTD. MOVED by S. Perrella Seconded by K. Hakoda THAT Application Nos. A365/99 - SILDOM HOLDINGS LTD., be APPROVED, subject to the following conditions: 1. That the variances for the reduction of the interior side yard setback, rear yard setback, landscape strip abutting east and south lot lines, and landscape strip abutting Brandon Gate, are conditional upon the property being constructed in accordance with the requested variances as shown on the attached sketch forming part of this application, to the satisfaction of the Building Standards Department. 2. That a Site Development Application DA , be approved, if required, to the satisfaction of the Community Planning Department; 3. That the applicant submit a revised Noise Report, due to reduced setbacks, if required, to the satisfaction of the Engineering Department. 4. That the applicant provide upgraded landscape planting along the loading area/install 1800mm high Cedars in groupings of (5) staggered with a single columnar deciduous tree in between, if required, to the satisfaction of the Urban Design and Environment Department; 5. That the applicant provide landscape area along Brandon Gate (3.0 width) to indicate conifers at 2500mm high and deciduous trees at 80 mm caliper, if required, to the satisfaction of the Urban Design and Environment Department; 6. That the applicant provide a detailed landscape plan for approval, if required, to the satisfaction of the Urban Design and Environment Department; 7. That if the conditions listed above are not fulfilled and the Building Permit is not applied for within twelve (12) months of the date this decision becomes final and binding, the said decision shall expire and shall be deemed to have been annulled and rescinded by the Committee. CARRIED CONSENT PUBLIC HEARING: 6. FILE NOS. B5/00 and B6/00 & ED WAGNER 7. Part of Lot 1, Concession 9, municipally known as 6700 King-Vaughan Road. S The purpose of this application is to request the consent of the Committee of Adjustment to a convey parcel of land for the creation of a new lot for residential purposes and retain land for residential purposes. The subject land is currently vacant. There is a single family dwelling located on the retained lands. A single family dwelling is proposed for the subject land. By-law 1-88 zones the subject 8

9 and retained lands A Agricultural. 9

10 CONSENT PUBLIC HEARING: 6. FILE NOS. B5/00 and B6/00 & ED WAGNER 7. Ed Wagner, the applicant appeared on his own behalf and gave a brief submission regarding the request. He told the Committee, in regards to the letter submitted to staff by Kleinburg and Area Ratepayers Association, Council has passed a by-law which makes the request comply with the provisions of the by-law. Kleinburg and Area Ratepayers Association, Attention of John McMahon, P.O. Box 202, Kleinburg, Ontario, L0J 1C0, submitted a letter in opposition. He had concerns regarding setting an undesirable precedent in the area. There was no one in attendance either in support of or in opposition to the request. There were no objections from any Departments or Agencies and any conditions requested are listed below. MOVED by T. DeCicco Seconded by K. Hakoda THAT Application Nos. B5/00 and B6/00, ED WAGNER, be APPROVED, subject to the following conditions: 1. Payment to the City of Vaughan of a Tree Fee if required, approved by Council as of the date of granting the consent. Payment is to be made by certified cheque, to the satisfaction of the Finance Department; 2. That the owner shall pay all taxes as levied, if required, to the satisfaction of the Finance Department; (contact Linda Nelson in the Finance Department to have this condition cleared). 3. The applicant shall provide the City with an appraisal report and valuation of the subject land (land only) to be prepared by an accredited appraiser, if required. Payment of a Parkland levy to the City in lieu of the deeding of land for park purposes shall be made if a new lot is being created. Said levy is to be 5% of the appraised market value of the subject land as of the date of the Committee of Adjustment giving notice to the Applicant of the herein decision. Said levy shall be approved by the Manager of Real Estate. Payment shall be made by certified cheque only; 4. That the By-law to be full force in effect, if required, to the satisfaction of the Building Standards Department; 5. That By-law be in full force and effect, if required, to the satisfaction of the Community Planning Department; 6. That the owner shall convey 7.5 m wide strips of land along Huntington Road and King- Vaughan Road allowances to the City of Vaughan at no cost and free of charge and encumbrance to the City, if required, to the satisfaction of the Engineering Department; 7. That the owner shall convey 15 m x 15 m daylight triangle at the corner of Huntington Road and King-Vaughan Road allowances to the City of Vaughan at no cost and free of charge and encumbrance to the City, if required, to the satisfaction of the Engineering Department; 8. That the owner shall convey 0.3 m reserve behind the hypotenuse of the daylight triangle and 15 m return beyond the corners of the daylight triangle along the Huntington Road and King-Vaughan Road allowances to the City of Vaughan at no cost and free of charge and encumbrance to the City, if required, to the satisfaction of the Engineering Department; 10

11 CONSENT PUBLIC HEARING: 6. FILE NOS. B5/00 and B6/00 & ED WAGNER That the owner shall arrange to prepare and register a reference plan at his expense for the conveyance of the required road widening and/or 0.3 m reserve to the satisfaction of the City of Vaughan, if required, to the satisfaction of the Engineering Department; 10. That a by-law shall be passed dedicating the road widening and/or 0.3 m reserve as public highway to the satisfaction of the Engineering Department and the owner shall pay the cost of the registration of the road dedication by-law to the City of Vaughan, Clerks Department, if required, to the satisfaction of the Engineering Department; 11. That the owner shall pay half of the average road improvement, if required, to the satisfaction of the Engineering Department; 12. Submission to the Secretary-Treasurer of three (3) white prints of a registered deposited reference plan of survey, showing the subject land which conforms with the application submitted and which shows the dimensions and areas of each part shown on the plan. 13. Upon fulfilling and complying with all of the above-noted conditions, and only if required, the Secretary-Treasurer of the Committee of Adjustment must be provided with three (3) copies of the Transfer/Deed of Land for the subject land to be stamped accordingly; or may provide a Certificate to the Applicant stating the Consent has been given in certain cases. 14. Prior to the issuance of a building permit, if required, the applicant shall fulfill and comply with all of the above noted consent conditions. 15. Pursuant to Section 53(20) of the Planning Act, the applicant shall have a period of one year from the date of the Committee of Adjustment giving Notice of the herein Decision to the Applicant to fulfill and comply with all of the (above-noted) conditions, if required, of Consent, failing which the application for consent shall thereupon deem to be refused. PLEASE NOTE: 1. That the payment of the Regional Development Charge is payable to the City of Vaughan before issuance of a building permit in accordance with the Development Charges Act and the Regional Development Charges By-law in effect at the time of payment. 2. That the payment of the City Development Charge is payable to the City of Vaughan before issuance of a building permit in accordance with the Development Charges Act and the City's Development Charges By-law in effect at the time of payment. 3. That the payment of the Education Development Charge is payable to the City of Vaughan before issuance of a building permit in accordance with the Development Charges Act and the Boards of Education By-laws in effect at the time of payment. 4. That the payment of the Hydro Development Charge is payable to the City of Vaughan before issuance of a building permit in accordance with the Development Charges Act and Vaughan Hydro s Development Charge By-law in effect at the time of payment. CARRIED. 8. FILE NO. B7/00 BAY TOOL AND DIE Part of Lot 12, Concession 3, Reference Plan 65R-18327, municipally known as 171 Basaltic 11

12 Road, Concord. 12

13 CONSENT PUBLIC HEARING: 8. FILE NO. B7/00 BAY TOOL AND DIE The purpose of the application is to request the consent of the Committee of Adjustment to convey a parcel of land as an addition to an existing lot to be taken into the title of the lands to the South for surface parking, and retain lands for unknown purposes. Both the subject and retained lands are currently vacant. By-law 1-88 zones the subject lands as EM2 General Employment Area. Bernard Filice, the agent, appeared on behalf of the applicant and gave a brief submission regarding the request. There was no one in attendance either in support of or in opposition to the request. There were no objections from any Departments or Agencies and any conditions requested are listed below. MOVED by K. Hakoda Seconded by T. DeCicco THAT Application No. B7/00, BAY TOOL & DIE, be APPROVED, subject to the following conditions: 1. That the owner shall pay all taxes as levied, if required, to the satisfaction of the Finance Department; (contact Linda Nelson in the Finance Department to have this condition cleared). 2. That the applicant obtain site plan approval for the revised parking layout, if required, to the satisfaction of the Building Department; 3. That the applicant provide to the Secretary Treasurer a letter of undertaking, stating that the lands in question are in favour of or taken into the title of the lands to the South. 4. This consent is given on the express understanding that Subsection 3 or Subsection 5 of Section 50 of the Planning Act shall apply to any subsequent conveyance in respect to the subject lands; 5. Submission to the Secretary-Treasurer of three (3) white prints of a registered deposited reference plan of survey, showing the subject land which conforms with the application submitted and which shows the dimensions and areas of each part shown on the plan; 6. Upon fulfilling and complying with all of the above-noted conditions, and only if required, the Secretary-Treasurer of the Committee of Adjustment must be provided with three (3) copies of the Transfer/Deed of Land for the subject land to be stamped accordingly; or may provide a Certificate to the Applicant stating the Consent has been given in certain cases; 7. Prior to the issuance of a building permit, if required, the applicant shall fulfill and comply with all of the above noted consent conditions; 8. Pursuant to Section 53(20) of the Planning Act, the applicant shall have a period of one year from the date of the Committee of Adjustment giving Notice of the herein Decision to the Applicant to fulfill and comply with all of the (above-noted) conditions, if required, of Consent, failing which the application for consent shall thereupon deem to be refused; CARRIED. 13

14 CONSENT PUBLIC HEARING: 9. FILE NO. B9/ ONTARIO LTD. Block 3, Registered Plan 65M-3354, (Part of Lot 15, Concession 4), known as Creditstone Road. The purpose of this application is to request the consent of the Committee of Adjustment to convey a parcel of land for the creation of a new lot for industrial purposes, and retain the lands for industrial purposes. The subject and retained lands are presently vacant. There is a proposed industrial building on the subject land. By-law 1-88 zones the subject and retained lands EM1 Prestige Employment Area. Michael Naiberg, the agent appeared on behalf of the applicant and gave a brief submission regarding the request. There was no one in attendance either in support of or in opposition to the request. There were no objections from any Departments or Agencies and any conditions requested are listed below. MOVED by K. Hakoda Seconded by S. Perrella THAT Application No. B9/00, ONTARIO LTD., be APPROVED, subject to the following conditions: 1. Payment to the City of Vaughan of a Tree Fee if required, approved by Council as of the date of granting the consent. Payment is to be made by certified cheque, to the satisfaction of the Finance Department and Parks Department; 2. That the owner shall pay all taxes as levied, if required, to the satisfaction of the Finance Department; (contact Linda Nelson in the Finance Department to have this condition cleared). 3. The applicant shall provide the City of Vaughan with an appraisal report and valuation of the subject land (land only) to be prepared by an accredited appraiser, if required. Payment of a Parkland Levy to the City in lieu of the deeding of land for park purposes shall be made if a new lot is being created. Said levy is to be 2% of the appraised market value of the subject land as of the date of the Committee of Adjustment giving notice to the applicant of the herein decision. Said levy shall be approved by the Manager of Real Estate. Payment shall be made by certified cheque only; 4. This consent is given on the express understanding that Subsection 3 or Subsection 5 of Section 50 of the Planning Act shall apply to any subsequent conveyance in respect to the subject lands; 5. Submission to the Secretary-Treasurer of three (3) white prints of a registered deposited reference plan of survey, showing the subject land which conforms with the application submitted and which shows the dimensions and areas of each part shown on the plan; 6. Upon fulfilling and complying with all of the above-noted conditions, and only if required, the Secretary-Treasurer of the Committee of Adjustment must be provided with three (3) copies of the Transfer/Deed of Land for the subject land to be stamped accordingly; or may 14

15 provide a Certificate to the Applicant stating the Consent has been given in certain cases; 15

16 CONSENT PUBLIC HEARING: 9. FILE NO. B9/ ONTARIO LTD. 7. Prior to the issuance of a building permit, if required, the applicant shall fulfill and comply with all of the above noted consent conditions; 8. Pursuant to Section 53(20) of the Planning Act, the applicant shall have a period of one year from the date of the Committee of Adjustment giving Notice of the herein Decision to the Applicant to fulfill and comply with all of the (above-noted) conditions, if required, of Consent, failing which the application for consent shall thereupon deem to be refused; PLEASE NOTE: 1. That the payment of the Regional Development Charge is payable to the City of Vaughan before issuance of a building permit in accordance with the Development Charges Act and the Regional Development Charges By-law in effect at the time of payment. 2. That the payment of the City Development Charge is payable to the City of Vaughan before issuance of a building permit in accordance with the Development Charges Act and the City's Development Charges By-law in effect at the time of payment. 3. That the payment of the Education Development Charge is payable to the City of Vaughan before issuance of a building permit in accordance with the Development Charges Act and the Boards of Education By-laws in effect at the time of payment. 4. That the payment of the Hydro Development Charge is payable to the City of Vaughan before issuance of a building permit in accordance with the Development Charges Act and Vaughan Hydro s Development Charge By-law in effect at the time of payment. CARRIED. 10. FILE NO. B10/00 LEONARDA FAZIO Lot 12, Registered Plan 546, (Part of Lot 8, Concession 7), municipally known as 57 Meeting House Road. The purpose of the application is to request the consent of the Committee of Adjustment to convey a parcel of land for the creation of a new lot for residential purposes, and retain the lands for residential purposes. There is a single family dwelling that currently straddles both the subject and retained lands. This dwelling will be demolished. There is a shed and garage located on the subject land to be demolished. There are new single family dwellings proposed one for each lot (subject and retained). By-law 1-88 zones the subject and retained lands "R3" Residential. Diego Fazio, the applicant, appeared on his own behalf and gave a brief submission regarding the request. The Committee questioned the necessity of the L shaped lot. 16

17 CONSENT PUBLIC HEARING: 10. FILE NO. B10/00 LEONARDA FAZIO Mr. Fazio explained to the Committee that he used to live next door at 65 Meeting House Road, and that his family moved to 57 Meeting House Road, because they wanted a larger lot for their growing family and wished to create the shape of lots that exist next door being 65 and 75 Meeting House Road. Mr. Tom Arget, 140 Rosebury Lane, Woodbridge, Ontario, L4L 3Z8, appeared in support of the application. He told the Committee that he would like to continue enjoying open space to the rear of his property. Joseph Pasquariello, 83 Meeting House Road, Woodbridge, Ontario, L4L 1K9, appeared in opposition to the request. He submitted a petition in opposition from the following neighbours: Maria Pasquariello, 83 Meeting House Road, Woodbridge, Ontario L4L 1K9; Gianna Pasquariello, 93 Meeting House Road, Woodbridge, Ontario, L4L 1K9; Paul W. MasterBrook, 117 Meeting House Road, Woodbridge, Ontario L4L 1K9; Monika Vohaitis, 2 Norton Place, Woodbridge, Ontario, L4L 7X9; Lynn Cornett, 6 Norton Place, Woodbridge, Ontario, L4L 7X9; John Chaplin, 14 Norton Place, Woodbridge, Ontario, L4L 7X9; Linda Leydon, 9 Norton Place, Woodbridge, Ontario, L4L 7X9; William Van Geest, 103 Meeting House Road, Woodbridge, Ontario, L4L 1K9; Sherief Ghobrial, 5 Norton Place, Woodbridge, Ontario, L4L 7X9; Allan Romkema, 151 Rosebury Lane, Woodbridge, Ontario, L4L 3Z1; Thomas Long, 23 Meeting House Road, Woodbridge, Ontario, L4L 3Z1; Maria De Melis, 17 Meeting House Road, Woodbridge, Ontario, L4L 1K8, Adrian Niedermuller, 11 Meeting House Road, Woodbridge, Ontario, L4L 1K8; Danny Ennamorato, 41 Meeting House Road, Woodbridge, Ontario, L4L 1K8; Mike Pasquariello, 75 Meeting House Road, Woodbridge, Ontario, L4L 1K9; Barb Thompson, 1 Norton Place, Woodbridge, Ontario, L4L 7X9; Mary Testani, 47 Meeting House Road, Woodbridge, Ontario, L4L 1K9; some of the concerns pertained to setting a negative precedent with the shape and small lot frontage. There was no one else in attendance either in support of or in opposition to the request. Planning Department made the following written comments: The Community Planning Department would have prefer that the retained lands were not L- shaped and more of a rectangular. There were no objections from any Departments or Agencies and any conditions requested are listed below. MOVED by T. De Cicco Seconded by S. Perrella THAT Application No. B10/00 - LEONARDA FAZIO, be REFUSED. CARRIED CONSENT AND MINOR VARIANCES PUBLIC HEARINGS: 11. FILE NOS. B12/00, A11/00 and A12/00 to RITA BRUNO 13. Part of Lot 10, Registered Plan 6022, (Part of Lot 10, Concession 7), municipally known as 110 Hayhoe Avenue. 17

18 CONSENT AND MINOR VARIANCES PUBLIC HEARINGS: 11. FILE NOS. B12/00, A11/00 and A12/00 to RITA BRUNO 13. S B12/00 - The purpose of this application is to request the consent of the Committee of Adjustment to a convey parcel of land for the creation of a new lot for residential purposes and retain the land for residential purposes. The subject land is currently vacant. There is a single family dwelling and a detached garage located on the retained lands. A single family dwelling is proposed for the subject land. By-law 1-88 zones the subject and retained lands RIV Old Village Residential. A11/00 & A12/00 - By-law 1-88 zones these parcels RIV" Old Village Residential. The applicant is requesting variances to facilitate the consent of applications B12/00 (A11/00 - subject land and A12/00 - retained land) to convey a parcel of land for the creation of a new lot, notwithstanding, lot frontage will be 21.2m (A11/00) and 22.2m (A12/00) rather than the By-law requires a minimum lot frontage of 30m. Angelo Bruno, 132 Riverside Drive, Woodbridge, Ontario, L4L 2L3, the applicant s son, appeared as the agent. He told the Committee that currently there is an existing drainage easement on the property with a grade deviation of 6' to 12' (1.8m-3.6m) which naturally divides the property and that the frontage variances requested were measured at 9.0m from the property line and it with in keeping with the area, any future dwellings will be setback even further than 9.0m. The Committee asked Mr. Bruno if he spoken to his neighbours. Mr. Bruno told the Committee that he spoke to his neighbours at 120, 134, 135 and 117 Hayhoe Avenue, all of whom have no objections to the request. Mr. John Ing, 106 Hayhoe Avenue, Woodbridge, Ontario, L4L 1S4, appeared in opposition, some of his concerns regarded, conforming to the area, increase traffic with this new driveway being close to his home and stated that there exist two bridges over the easement. There was no one else in attendance either in support of or in opposition to the request. The Building Standards Department told the Committee that if the variances were measured at 9.0m from the property line, the measurements are in error. Frontage is measured at 6.4m from the front property line. Therefore the variance applications will require amendment and re-circulation There were no other objections from any Departments or Agencies and any conditions requested are listed below. MOVED by S. Perrella Seconded by K. Hakoda THAT Application Nos: B12/00, A11/00 and A12/00, RITA BRUNO, be ADJOURNED, to the February 3, 2000 meeting. CARRIED. 18

19 MINOR VARIANCE PUBLIC HEARINGS: 14. FILE NO. A1/00 ANTONIO & BLANCA FOLINO Lot 100, Registered Plan 65M-3066, (Part of Lot 22, Concession 4), municipally known as 11 Clarkson Mews, Maple. The applicant is requesting a variance to permit the maintenance of an existing trellis structure to a two storey single family detached dwelling with attached garage, notwithstanding, the minimum rear yard setback is 4.6m, rather than the by-law requires minimum rear yard setback of 9.0m. By-law 1-88 zones this parcel R2" Residential. Enza Barbieria, 248 Fletcher Drive, Maple, Ontario, L6A 2G1, appeared as the agent and gave a brief submission regarding the request. There was no one in attendance either in support of or in opposition to the request. There were no objections from any Departments or Agencies and any conditions requested are listed below. The Committee is of the opinion that the variances sought can be considered minor and are desirable for the appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will be maintained. MOVED by S. Perrella Seconded by K. Hakoda THAT Application No. A1/00, ANTONIO & BLANCA FOLINO, be APPROVED subject to the following condition: 1. That if a Building Permit is not issued, based upon the decision of the Committee of Adjustment within twelve (12) months of the date this decision becomes final and binding, the said decision shall expire and shall be deemed to have been annulled and rescinded by the Committee. CARRIED. 15. FILE NO. A2/00 GRACE DEGASPERIS Lot 11, Plan 5757 (Part of Lots 13, Concession 6) municipally known as 65 Pine Valley Cres., Woodbridge. By-law 1-88 zones this parcel RR" Rural Residential. The applicant is requesting a variance to permit the construction of a two storey single family detached dwelling with attached garage, notwithstanding, the lot coverage will be 15.3%, westerly interior side yard will be 3.5m, building height will be 10.5m, rather than the by-law requires lot coverage of 10%, westerly interior side yard of 4.5m, building height of 9.5m. A sketch is attached illustrating the request. 19

20 Stephen Hunt, the agent, appeared on behalf of the applicant and gave a brief submission regarding the request. 20

21 MINOR VARIANCE PUBLIC HEARING: 15. FILE NO. A2/00 GRACE DEGASPERIS The Committee asked why the applicant can not comply with a 10% lot coverage. Mr. Hunt told the Committee that the10% requirement is old. Redevelopment in the area has brought in similar development to the applicant proposes and in order to conform with the new development the variance can be considered minor. There was no one in attendance either in support of or in opposition to the request. Planning Department made the following written comments:...however, this department cannot support a request fro 15.3 lot coverage. This variance represents a 50 increase in lot coverage from the maximum 10 permitted by the zoning by-law... There were no other objections from any Departments or Agencies and any conditions requested are listed below. The Committee is of the opinion that the variance sought can be considered minor and is desirable for the appropriate development and use of the land. The general intent and purpose of the Bylaw and the Official Plan will be maintained. MOVED by T. DeCicco Seconded by K. Hakoda THAT Application No: A2/00, GRACE DEGASPERIS, be APPROVED subject to the following conditions: 1. That the variance for the increase in lot coverage, increase in building height and reduction in westerly interior side yard is conditional upon the property being constructed in accordance with the requested variances as shown on the attached sketch forming part of this application, to the satisfaction of the Building Standards Department; 2. That the applicant obtain a Site Plan/Property Clearance Application from T.R.C.A. prior to the issuance of municipal building or construction permits, if required, to the satisfaction of The Toronto and Region Conservation Authority. 3. That if the conditions listed above are not fulfilled and the Building Permit is not applied for within twelve (12) months of the date this decision becomes final and binding, the said decision shall expire and shall be deemed to have been annulled and rescinded by the Committee. CARRIED. 16. FILE NO. A3/00 WHITESTREAM INVESTMENT LTD. Part of Lot 2, Concession 4, municipally known as 141 Snidercroft Road. The applicant is requesting a variance to permit the construction of a dust collection system, notwithstanding, the rear yard setback to the silo will be 6.59m, rather than the By-law requires the rear yard setback to the silo to be 15.0m. By-law 1-88 zones this parcel PBM1 Parkway Belt Restricted Industrial. 21

22 MINOR VARIANCE PUBLIC HEARING: 16. FILE NO. A3/00 WHITESTREAM INVESTMENT LTD. There was no one present to represent the application. Upon submission of the application, letters of support were received from the following: Fileco Ltd., Attention Jeff Stal, 177 Snidercroft Road, Concord, Ontario, L4K 2J8; Global Contract Seating, Attention of Chanoch Friedel, 141 Snidercroft Road, Unit #1, Concord, Ontario, L4K 2J8 Express, Attention: Avi Wolff, 177A Snidercroft Road,, Concord, Ontario, L4K 2J8; Better Box Ltd., Attention: Brian Bender, 200 Snidercroft Road, Concord, Ontario, L4K 2K1; Salga Associates, Attention: Wolfgang Schimmer, 161A Snidercroft Road, Concord, Ontario, L4K 2J8; Everest & Jennings, Attention: Brij Passi, 111 Snidercroft Road, Concord, Ontario, L4K 2J8 There was no one in attendance either in support of or in opposition to the request. There were no objections from any Departments or Agencies and any conditions requested are listed below. The Committee is of the opinion that the variances sought can be considered minor and are desirable for the appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will be maintained. MOVED by T. De Ciccio Seconded by S. Perrella THAT Application No: A3/00, WHITESTREAM INVESTMENT LTD., be APPROVED subject to the following conditions: 1. That a building permit be applied for the silo, if required, to the satisfaction of the Building Standards Department; 2. That the variance for the reduction in the rear yard setback is conditional upon the silo being constructed in accordance with the requested variances as shown on the attached sketches forming part of these applications, to the satisfaction of the Building Standards Department. 3. That if the conditions listed above are not fulfilled within twelve (12) months of the date this decision becomes final and binding, the said decision shall expire and shall be deemed to have been annulled and rescinded by the Committee. 17. FILE NO. A5/00 ZENBRAVO PROPERTIES INC. Parts 1 & 2, Registered Plan 65M-3077, (Part of Lots 14, Concession 3), municipally known as 591 Basaltic Road, Concord. The applicant is requesting a variance to permit the construction of a one storey addition to an existing one storey building, notwithstanding, the total parking spaces will be 121, for m 2 of employment use and 463.2m 2 of accessory office uses, rather than the by-law requires a total of 129 parking spaces for the proposed floor areas. By-law 1-88 zones this parcel EM2" General Employment Area. 22

23 MINOR VARIANCE PUBLIC HEARING: 17. FILE NO. A5/00 ZENBRAVO PROPERTIES INC. Wes Surdyka, the agent, appeared on behalf of the applicant and gave a brief submission regarding the request. There was no one in attendance either in support of or in opposition to the request. There were no objections from any Departments or Agencies and any conditions requested are listed below. The Committee is of the opinion that the variance sought can be considered minor and is desirable for the appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will be maintained. MOVED by S. Perrella Seconded by K. Hakoda THAT Application No: A5/00, ZENBRAVO PROPERTIES INC., be APPROVED, subject to the following conditions: 1. That the variance for the reduction in parking spaces is conditional upon the one storey addition to an existing building, being constructed in accordance with the requested variance as shown on the attached sketch forming part of this application, to the satisfaction of the Building Standards Department; 2. That if the condition listed above is not fulfilled and the Building Permit is not applied for within twelve (12) months of the date this decision becomes final and binding, the said decision shall expire and shall be deemed to have been annulled and rescinded by the Committee. CARRIED. 18. FILE NO. A6/00 ROCCO DI PAOLA Lot 29, Registered Plan 65M-3116, (Part of Lots 15, Concession 7), municipally known as 11 Humberwood Gate, Woodbridge. By-law 1-88 zones this parcel R2" Residential. The applicant is requesting variances to permit the maintenance of a covered and enclosed shed/greenhouse to an existing one storey single family detached dwelling with attached garage, notwithstanding, the minimum side yard is 0.61m, minimum rear yard is 0.0m, rather than the by-law requires minimum side yard of 1.2m, minimum rear yard of 7.5m. Tony DiPaolo, 11 Humberwood Gate, Woodbridge, Ontario, L4L 9E2, the applicant s son, appeared as the agent. He submitted photographs to the Committee and stated that the shed was built in the summer of 1999 and that the masonry wall can be maintained/accessed from inside the shed. After further discussion, the Committee asked Mr. DiPaolo, if he would like to adjourn his application so that he may speak with the Urban Design and Environment. Mr. DiPaolo declined the suggestion. 23

24 MINOR VARIANCE PUBLIC HEARING: 18. FILE NO. A6/00 ROCCO DI PAOLA A petition in support of the application was submitted at the time of submitting the application from the following people: Nello Cairo, 15 Humberwood Gate, Woodbridge, Ontario, L4L 9EZ; Angela Cairo, 15 Humberwood Gate, Woodbridge, Ontario, L4L 9EZ; Alfonso Gurreri, 19 Humberwood Gate, Woodbridge, Ontario, L4L 9EZ; Silvana Marchese, 7 Humberwood Gate, Woodbridge, Ontario, L4L 9EZ; Guiseppe Pizzonia, 1 Humberwood Gate, Woodbridge, Ontario, L4L 9EZ; There was no one in attendance either in support of or in opposition to the request. Planning Department made the following written comments: The Community Planning Department can support the requested 0.6m side yard setback but cannot support a 0.0m (zero) setback in the rear yard. Urban Design and Environment Department made the following written comments:...as does the Community Planning Department, we do not support 0.0m setback... By-law division made the following written comments: Please note that By-Law cannot support this application. Complaints have been received regarding the proximity of this building to the property line. It s proximity to the rear lot line and existing masonry wall & pillar prevents any maintenance to both the wall and to the structure. There were no other objections from any Departments or Agencies and any conditions requested are listed below. The Committee is of the opinion that the variances sought can be considered minor and are desirable for the appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will be maintained. MOVED by T. De Cicco Seconded by S. Perrella THAT Application No: A6/00, ROCCO DI PAOLA, be APPROVED subject to the following conditions: 1. That the applicant obtain a building permit, if required, to the satisfaction of the Building Standards Department; 2. That the applicant provide appropriate landscaping, consisting of the planting of nursery grown upright cedars or junipers, (ball and burlap), 7 feet in height and planted 3 feet on centre, (planted every three feet measured from the base of the plant), if required, to the satisfaction of the Urban Design and Environment Department; 3. That if the conditions listed above are not fulfilled and the Building Permit is not applied for within twelve (12) months of the date this decision becomes final and binding, the said decision shall expire and shall be deemed to have been annulled and rescinded by the Committee. CARRIED Please note that K. Hakoda left the Council Chambers and did not take part in the decision nor did she vote on the above application. 24

25 MINOR VARIANCE PUBLIC HEARINGS: 19. FILE NO. A9/00 ANGELINA & SANDY RICCIUTO Lot 22, Registered Plan 4626 (Part of Lot 20, Concession 4) municipally known as 22 Gram Street. By-law 1-88 zones this parcel R1V" Old Village Residential. The applicants are requesting a variance to permit the construction of a proposed, detached, two car garage accessory to an existing one storey, single family detached dwelling, notwithstanding the rear yard setback will be 1.8m, rather than the previously approved minimum rear yard setback of 3.65m. Pietro Ferrari, the agent appeared on behalf of the applicant and gave a brief submission regarding the request. Mary Sammut, of Maple Ratepayers Association, 9 Welton Street, Maple, Ontario, L6A 1R8, appeared in opposition to the request. She told the Committee that this property has been before the Committee too many times requesting too many variances/adjustments, it appears that it will not end. After further discussion, the Committee asked Mr. Ferrari, if he would be agreeable to a condition regarding additional landscaping. There was no one else in attendance either in support of or in opposition to the request. Planning Department made the following written comments: The Community Planning Department is of the opinion that the requested variance is not desirable for the appropriate development or use of the land and does not meet the intent of the By-law. This Department does not support Variance Application A9/00. There were no other objections from any Departments or Agencies and any conditions requested are listed below. The Committee is of the opinion that the variance sought can be considered minor and is desirable for the appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will be maintained. MOVED by T. De Cicco Seconded by S. Perrella THAT Application No. A9/00, ANGELINA & SANDY RICCIUTO, be APPROVED, subject to the following conditions: 1. That the variance for the reduction in the rear yard setback is conditional upon the garage being constructed in accordance with the requested variance as shown on the attached sketch forming part of this application, to the satisfaction of the Building Standards Department. 2. That landscaping be provided, if required, to the satisfaction of the Urban Design and Environment Department; 3. That if the conditions listed above are not fulfilled within twelve (12) months of the date this decision becomes final and binding, the said decision shall expire and shall be deemed to have been annulled and rescinded by the Committee. CARRIED 25

26 MINOR VARIANCE PUBLIC HEARINGS: 20. FILE NO. A10/00 CHARLIE AND ANGELA TERMINI During the applicant s submission it was agreed to amend the sketch by restoring the landscaping on west side and flushing the west side of the driveway with the wall of the garage. Lot 89, Registered Plan M-1555, (Part of Lot 8, Concession 7) municipally known as 505 Woodbridge Avenue. By-law 1-88 zones this parcel R3" Residential. The applicants are requesting variances to permit the maintenance of an existing expanded driveway, notwithstanding the maximum driveway width is 12.81m rather than the By-law requires a maximum of 9.0m, the minimum landscaping in the front yards is 23%, rather than the By-law requires 50%. Mike Termini, the agent appeared on behalf of the applicants and submitted photographs and gave a brief submission regarding the request. He told the Committee that he contacted a paving company to widen his driveway and was unaware that permission and or permits were required from the City. Mr. Termini submitted a petition in support of his application from the following neighbours: Stephanie Longo, Frank Longo, 509 Woodbridge Ave., Woodbridge, Ontario, L4L 2T6; Luigi Vitantonio, 453 Woodbridge Ave., Woodbridge, Ontario, L4L 2T3; Noce Santina, 457 Woodbridge Ave., Woodbridge, Ontario, L4L 2T3; G. Cunti, 460 Woodbridge Ave., Woodbridge, Ontario, L4L 2T4; C. Graci, 52 Houston Road, Woodbridge, Ontario, L4L 1V3; A DiPalma, 514 Woodbridge Ave., Woodbridge, Ontario, L4L 2T5; A. Sorreutino, 483 Woodbridge Ave., Woodbridge, Ontario, L4L 2T3; A. Cattapan, 559 Woodbridge Ave., Woodbridge, Ontario, L4L 2T6; R. Quadrini, 68 Oakhill Road, Woodbridge, Ontario, L4L 2H1; C. Amo Roso, 36 Lewis Drive, Woodbridge, Ontario, L4L 2B6; A. Paneica, 94 Houston Road, Woodbridge, Ontario, L4L 1Y3; T. Zambito, 438 Woodbridge Ave., Woodbridge, Ontario, L4L 2T3; J. Zambito Orazio, 530 Woodbridge Ave., Woodbridge, Ontario, L4L 2T6; Falzoue Calogero, 489 Woodbridge Ave., Woodbridge, Ontario, L4L 2T3; Sam Bancheri, V. Morelli, 478 Woodbridge Ave., Woodbridge, Ontario, L4L 2T4; L. Bancheri, 482 Woodbridge Ave., Woodbridge, Ontario, L4L 2T4; C. Bancheri, 474 Woodbridge Ave., Woodbridge, Ontario, L4L 2T4; Charles Lo Cicero, 506 Woodbridge Ave., Woodbridge, Ontario, L4L 2T4; Joseph Mancuso, 420 Woodbridge Ave., Woodbridge, Ontario, L4L 2T4; Harkirat Pabla, 488 Woodbridge Ave., Woodbridge, Ontario, L4L 2T4; Giuseppe DiMaria, 502 Woodbridge Ave., Woodbridge, Ontario, L4L 2T5; Franco Cirillo, 473 Woodbridge Ave., Woodbridge, Ontario, L4L 2T5; Gerardo Trolio, 518 Woodbridge Ave., Woodbridge, Ontario, L4L 2T5; M Vitantonio, 461 Woodbridge Ave., Woodbridge, Ontario, L4L 2T3; Onyx Paving Limited, 476 Velmar Drive, Woodbridge, Ontario, L4L 8J1; The Committee asked Mr. Termini to address Mr. Longo s letter. Mr. Termini, told the Committee there was some removal of landscaping on the west side of the property. Stephanie Longo, daughter of Frank Longo, 509 Woodbridge Ave., Woodbridge, Ontario, L4L 2T6, appeared on opposition to the request. Ms. Longo, submitted photographs that were taken before and after the driveway was altered. Some of her concerns related to the hedge being cut in half, the elimination of landscaping (removal of shrubs) on the applicant s property and she mentioned a court order which instructed both the Termini and Longos to maintain the landscaping on their own property. Ms. Longo requested that the landscaping be restored to the way it was originally. 26