The Minutes of the 1 st Meeting of the Vaughan Committee of Adjustment for the year 1995 Thursday, January 12th, :00 p.m.

Transcription

1 The Minutes of the 1 st Meeting of the Vaughan Committee of Adjustment for the year 1995 Thursday, January 12th, :00 p.m. Present at the meeting were: M. Panicali R. De Vincenzo K. Fass N. Pinto R. Luciani Members of Staff present: Dianne Grout, Secretary-Treasurer Laura Borello, Clerk to Committee of Adjustment Eugene Fera, Planning Technician Joe Di Giuseppe, Plans Examiner -~'NTRODUCTION OF ADDENDUM REPORTS /--- That the addendum reports be incorporated into the minutes and be on view at the of the room in the Report Book. DISCLOSURE OF PECUNIARY INTEREST There was no disclosure of pecuniary interest from any of the members. ADOPTION OF CORRECTION OF MINUTES Mr. Terry Goodwin pointed out that his name was spelled incorrectly in the previous minutes and requested certain points he made at the meeting to be added. filioved by K. Fass seconded by R. De Vincenzo THAT the minutes of December 8th, 1994 be amended as follows:... Page 8, fourth paragraph should read Mr. Terry Goodwin... and that there would be no other additions made as Committee of Adjustment minutes are not verbatim minutes, only an overview of who appeared and what decisions were made. NOTE: R. Luciani did not take part in this vote as he was not present at the last meeting. ADJOURNMENTS ANDIOR DEFERRALS A fax was recei.ved from Mario Gumushdjian, of Metroarch Architect, agent for Tina Uvchits, File No., /- \~,84/94, stating that the application has been withdrawn. 1 Cont'd...

2 COMMITTEE OF ADJUSTMENT MINUTES JANUARY 24TH ADJOURNMENTS AND/OR DEFERRALS (cont'd) A letter was received from Murray Evans of Urban Land Management, agent for File No. A21/95, Newdire Umited, requesting that this application being Item 25 on the agenda, be heard immediately prior to Item 13 on the agenda. Item 13, File No. A2195, Gosas Construction Umited is requesting an -~'dentical increase in coverage on the lot immediately adjacent to Newdire Umited and there would be considerable merit in the Committee hearing these applications in consecutive order. MOVED by R. De Vincenzo THAT Item No. 25, File No. A21/95. NEWDIRE LIMITED, be heard following Item 13 on the agenda. 1. FILE NOS. 8116/94 & B117/94 & HARRY BURNSTEIN, IN TRUST 2 South side of Kirby Road, west of Pine Valley Drive, Part of Lot 30 Concession 7, municipally known as 4801 Kirby Road, in the City of Vaughan. S The applicant is proposing to convey a 3.3ha area of land with a frontage of 83.8m onto Kirby Road with an existing residential building. The retained land has an area of 6.6ha with a frontage of 167.6m on Kirby Road. Diane Gutkowski appeared on the applicant's behalf and stated she read the draft resolutions and requested that condition #4 be deleted. Committee indicated that it is their practice to leave these types of conditions on regarding outside departments and agencies prior to fulfilment of conditions and "if required" provides flexibility for agencies to waive these requests if warranted. There was no one else in attendance either in support of or in opposition to the request. York Region Planning Department indicated concerns regarding the Region's Official Plan. There were no other objections from any other Departments or Agencies and any conditions requested are listed below. seconded by R. De Vincenzo THAT Application Nos. B116/94 and B117/94. HARRY BURNSTEIN. IN TRUST. 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. 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 required. Said levy is to be 5% of the appraised market value of the subject land as of the day before the day of the giving of consent. Said levy shall be approved by the Manager of Real Estate. Payment shall be made by certified cheque only; 3. That By-law for the reduction in lot area and frontage be final and binding, if required, to the satisfaction of the Building Standards and Planning Department; 2 Cont'd...

3 1. FILE NOS. B116/94 & B117/94 & HARRY BURNSTEIN. IN TRUST (cont'd) 2 4. That the applicant obtain York Region Planning Departments approval, if required; 5. Submission to the $ecretary-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 of Consent, if required, 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. 3. FILE NO. 8118/94 CANADIAN NATIONAL RAILWAY COMPANY Northeast of Major Mackenzie Drive and Keele Street, being Part of Lot 21, Concession 3, in the City Of Vaughan. The applicant is proposing to convey a 0.25ha area of land with no frontage onto a public street to be used as a earth berm for the residential subdivision to the west. The retained land has a undetermined lot area since it is a railway right-of-way. Clarence Street. Cathy Biesma of Goodman and Carr appeared on behalf of the applicant, and stated that she concurred with the draft resolutions and would answer any questions. A letter was received by the Committee of Adjustment staff from Mr. Nelson Kingdon, R. R. #2, 4660 Kirby Road, Woodbridge, Ontario L4L 1A6, in opposition to applications. There was no one in attendance either in support of or in opposition to these applications. There were no objections from any Departments or Agencies and any conditions requested are listed below. 3 Cont'd...

4 3. FILE NO. 8118/94 CANADIAN NATIONAL RAILWAY COMPANY (cont'd) THAT Application No. B118/94. CANADIAN NATIONAL RAILWAY COMPANY. be APPROVED, subject to the following conditions: 1. That the owner shall obtain variances to the by-law if deemed to be required by the Planning and Building Standards Department; 2. That a legible survey be submitted indicating the setbacks of all existing structures on the subject and retained lands, if required, to the satisfaction of the Building Standards Department; 3. 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, if required; 4. That the applicant provide to the Secretary-Treasurer a letter of undertaking, stating that the lands in question are taken into the title of the lands to the west; 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 of Consent, if required, failing which the application for consent shall thereupon deem to be refused; 4. FILE NOS. 81/95 & A1/95 & NORTHWOOD PARK CO-OPERATIVE HOMES INCORPORATED 5. Southwest of Woodbridge Avenue and the Canadian Pacific Railway, being Part of Lot 7, Concession 7, municipally known as 239 Woodbridge Avenue, in the City of Vaughan. S B1/95 The applicant is proposing to convey a 0.25ha area of land with no frontage onto a public street to be used as a earth berm for the residential subdivision to the west. The retained land has a undetermined lot area since it is a railway right-of-way. 4 Cont'd...

5 4. FILE NOS. 81/95 & A1/95 & NORTHWOOD PARK CO-OPERATIVE HOMES INCORPORATED (cont'd) 5. A1/95 By-law 1-88 zones this parcel Multiple Residential Zone IIRM21. The applicant is requesting permission to permit the maintenance of an existing semi-detached dwelling. Currently the zoning By-law does not permit semi-detached dwellings on the subject property. The lands are subject to in site specific By-laws that identify building envelopes. Dermot Sweeny appeared on behalf of the applicant, and stated he read and agreed with the conditions of approval listed in the Report Book. The City of Vaughan Planning Department stated that they prefer that relief from the provisions of the by-law proceed by way of an application to amend the zoning by-law. There were no objections from any Departments or Agencies and any conditions requested are listed below. B1195 MOVED by R. De Vincenzo That Application No. B1/95. NORTHWOOD PARK CO-OPERATIVE HOMES INCORPORATED, be APPROVED, subject to the following conditions: 1. 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 required. Said levy is to be 5% of the appraised market value of the subject land as of the day before the day of the giving of consent. Said levy shall be approved by the Manager of Real Estate. Payment shall be made by certified cheque only; 2. The owner will be required to pay the local improvement charge of $39.09 per year to 1997, if required, to the satisfaction of the Treasury Department; 3. That OPA #440 be in full force and effect, if required, to the satisfaction of the Planning Department; 4. That the applicant obtain all the necessary rights-of-ways and easements to implement the concept plan to service the property to the south and west, if required, to the satisfaction of the Planning Department; 5. That relief be obtained from the By-law to permit the maintenance of an existing semidetached dwelling and the creation of the new Semi-lot, if required, to the satisfaction of the Building Standards Department; 6. 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; 7. 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; 8. Prior to the issuance of a building permit, if required, the applicant shall fulfill and comply with all of the above noted consent conditions; 5 Cont'd...

6 4. FILE NOS. 81/95 & A1/95 & NORTHWOOD PARK CO-OPERATIVE HOMES INCORPORATED (cont'd) 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 of Consent, if required, 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. A1I95 The Committee is of the opinion that the permission sought 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 R. De Vincenzo THAT Application No. A 1/95. NORTHWOOD PARK CO-OPERATIVE HOMES INCORPORATED. be APPROVED, subject to the following conditions: 1. That OPA #440 be in full force and effect, if required, to the satisfaction of the Planning Department; 2. That the applicant obtain all the necessary rights-of-ways and easements to implement the concept plan to service the property to the south and west, if required, to the satisfaction of the Planning Department; 3. That if these 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. 6. FILE NO. 82/95 AMELIA MIRAGLIOTTA East side of Clarence Street, south of Rutherford Road. Being Part of Lot 4 Registered Concession 7, Lot 15, and municipally known as 1101 Clarence Street in the City Of Vaughan. The applicant is proposing to convey an m 2 parcel of land with no real frontage onto a public street for residential use. The retained land has a lot area of undetermined value with a frontage of 62.09m on Clarence Street. 6 Cont'd...

7 6. FILE NO. 82/95 AMELIA MIRAGLIOTTA (cont'd) Mr. Francesco di Nardo appeared on behalf of the applicant and stated that he agreed with the conditions listed on the draft resolution. There were no objections from any Departments or Agencies and any conditions requested are listed below. THAT application B2/95. AMELIA MIRAGLIOTTA. 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. 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 required. Said levy is to be 5% of the appraised market value of the subject land as of the day before the day of the giving of consent. Said levy shall be approved by the Manager of Real Estate. Payment shall be made by certified cheque only; 3. That the existing detached garage be demolished, if required, to the satisfaction of the Building Standards Department; 4. That the one foot reserve abutting the existing Appian Way be lifted, if required, to the satisfaction of the Building Standards Department; 5. That the owner shall dedicate the internal road (Street IWI) in Draft Approved Plan of Subdivision 19T-89056, if required, to the satisfaction of the Planning Department; 6. That the owner shall site the proposed single detached dwelling on Lot 4 of the Draft Approved Plan of Subdivision 19T-89056, in accordance with the R1 Residential Zone standards in By-law 1-88, if required to the satisfaction of the Planning Department; 7. That the owner shall satisfy all conditions of Draft Plan Approval for Subdivision 19T , as draft approved by the Region of York on November 5, Each condition shall be cleared by the respective public agency responsible for granting such approval, if required, to the satisfaction of the Planning Department; 8. That the owner enter into an agreement, pursuant to Subsection 50(6) of the Planning Act, with the City of Vaughan, if required, to satisfy all conditions, financial or otherwise, of the City with regard to such matters as the municipality may consider necessary, including but not limited to the payment of development levies, the provision of roads and municipal services, landscaping and fencing. The said agreement shall be registered against the lands to which it applies and to the satisfaction of the Engineering Department, if required; 9. That development take place through site plans and that tree protection is taken into consideration, if required, to the satisfaction of the Ministry of Natural Resources; 10. 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; 7 Cont'd...

8 6. FILE NO. B2/95 AMELIA MIRAGLIOTTA (cont'd) 11. 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; 12. Prior to the issuance of a building permit, if required, the applicant shall fulfill and comply with all of the above noted consent conditions; 13. 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 of Consent, if required, 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 accordaq.ce with the Development Charges Act and the Boards of Education By-laws in effect at the time of payment. 7. FILE NO. A189/94 LUIGI ALTOBELLI Southeast of Jane Street and Major Mackenzie Drive, being Lot 139, Registered Plan 65M-2922, (Part of Lot 19, Concession 4), municipally known as 183 Caproni Drive, in the City of Vaughan. By-law 1-88 zones this parcel Residential Zone 1IR2'1. The applicant is requesting a variance to permit the maintenance of an existing concrete deck at the rear of an existing one-storey, single family detached dwelling with an attached garage, notwithstanding, the minimum rear yard setback will be 5.74m rather than the by-law requires 7.2m. Mr. Loreto Tersigni appeared on behalf of the applicant and stated that they had no problems with the condition listed in the draft resolution. There were no objections from any Departments or Agencies. 8 Cont'd...

9 7. FILE NO. A 189/94 luigi ALTOBElli (cont'd) MOVED by R. De Vincenzo That Application No. A 189/94. LUIGIAL TOBElLi. 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. 8. FilE NO. A190/94 CHARLIE & VINCENZINA NICOLINI Southwest of Langstaff road and Ansley Grove Road, in Lot 126, Registered Plan 65M-1855, (Part of Lot 10, Concession 6), municipally known as 67 Airdrie Drive, in the City of Vaughan. By-law 1-88 zones this parcel Residential Zone 1IR211. The applicant is requesting a variance to permit the construction of a proposed greenhouse addition on the east side of an existing twostorey, single family detached dwelling with an attached garage, notwithstanding, the minimum exterior side yard setback will be 0.3m rather than the required 4.5m. During the applicant's submission it was agreed to amend the Notice of Public Hearing as follows: 1I... Lot 126, Registered Plan M Mr. Nicolini appeared on behalf of his father and advised the Committee of the incorrect lot number on the Notice of Public Hearing. It reads Lot 127 and should be Lot 126. Building Standards Department had the following comments: The applicant is requesting a substantial reduction to the exterior side yard. The City of Vaughan Planning Department questions the minor nature of this application. There were no objections from any Departments or Agencies. seconded by R. De Vincenzo That Application No. A 190/94, CHARLIE & VINCENZINA NICOLINI. 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. 9 Cont'd...

10 COMMITTEE OF ADJUSTMENT MINUTES JANUARY 24TH FILE NO. A21/95 NEWDIRE LIMITED North of King High Drive, east of Concord Road on the south side of Vaughan Boulevard. Being Lot 12, Registered Plan 65M-2991, (Part of Lot 6, Concession 2), municipally known as 218 Vaughan Boulevard, in the City of Vaughan. By-law 1-88 zones this parcel Residential Zone IIR3 11 The applicant is requesting a variance to permit the construction of a two-storey, single family detached dwelling with an attached garage, notwithstanding, the maximum lot coverage will be 36.5% rather than the by-law requires 30%. Mr. Murray Evans appeared on behalf of the applicant and stated that he read and agreed with the conditions listed in the draft resolution. seconded by R. De Vincenzo THAT the Committee recess at 6:48 p.m. Committee reconvened at 7:00 p.m. Mr. Evans along with Mr. l. Greenbaum (builder) gave a submission regarding surrounding zoning and lot sizes and how they wanted to be compatible with the surrounding area. Committee asked if their lot coverage could be amended to 35% The applicant and Committee agreed to amend the application and Notice of Public Hearing as follows: II... lot coverage will be 35% The City of Vaughan Planning Department is of the opinion that this application is marginally minor. There were no objections from any other Departments or Agencies and any conditions requested are listed below. That Application No. A21L95. NEWDIRE LIMITED. be APPROVED as amended, subject to the following conditions: 1. That the proposed dwelling meet all the yard setbacks required by By-law 1-88, exception paragraph 9(641) schedule T -61, if required, to the satisfaction of the Planning Department; 2. That if the condition listed above is 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. 10 Cont'd...

11 10. FILE NO. A2/95 GOSAS CONSTRUCTION LIMITED North of King High Drive, east of Concord Road on the south side of Vaughan Boulevard. Being Lot 11, Registered Plan 65M-2991, (Part of Lot 6, Concession 2), municipally known as 214 Vaughan Boulevard, in the City of Vaughan. By-law 1-88 zones this parcel Residential Zone IIR3". The applicant is requesting a variance to permit the construction of a two-storey, single family detached dwelling with an attached garage, notwithstanding, the maximum lot coverage will be 36.5% rather than the by-law requires 30%. Mr. Peter Gosas appeared on his own behalf and gave a brief submission regarding the application and reasons for the requested 36.5%, which were similar to the previous applicants submission. The applicant and Committee agreed to amend the application and Notice of Public Hearing as follows: II... lot coverage will be 35%... " The City of Vaughan Planning Department is of the opinion that this application is marginally minor. There were no objections from any other Departments or Agencies and any conditions requested are listed below. That Application No. A2/95. GOSAS CONSTRUCTION LIMITED. be APPROVED, as amended, subject to the following conditions: 1. That the proposed dwelling meet all the yard setbacks required by By-law 1-88, exception paragraph 9(641) schedule T-61, if required, to the satisfaction of the Planning Department; 2. That if the condition listed above is 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. 11. FILE NO. A3/95 JULIE ANN SALVADORE East of Bathurst Street and south of Crestwood Road, being Lot 47, Registered Plan 3205, (Part of Lot 26, Concession 1), municipally known as 211 Crestwood Road. 11 Cont'd...

12 11. FILE NO. A3/95 JULIE ANN SALVADORE (cont'd) By-law 1-88 zones this parcel Residential Zone IIR3 11 The applicants are requesting a variance to permit the construction of a proposed two-storey, single family detached dwelling with an attached garage, notwithstanding, the minimum side yard setback on the east side of the lot be 0.45m, rather than the by-law requires 1.2m side yard setback; provided that a side yard on the westerly side may be reduced to 0.3m provided that such a reduced yard abuts a 1.2m setback. Mr. Mark Cusimano appeared on behalf of the applicant and gave a brief submission regarding the request. He read a letter of support from the adjacent property owner, Mrs. Anna Maria Paluzzi, 209 Crestwood Road, Thornhill, Ontario, L4J 1 A8. There were no objections from any Departments or Agencies and any conditions requested are listed below. seconded by R. Luciani That Application No. A3/95. JULIE ANN SALVADORE, be APPROVED, subject to the following conditions: 1. Prior to the issuance of a Building Permit a maintenance easement be registered in favour of the subject property over the lands to the east, if required, to the satisfaction of the Planning & Building Standards Departments; 2. That if the condition listed above is 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. 12. FILE NO. A4/95 IHSAN SAAD Southwest of Rutherford Road and Weston Road, being Lot 56, Registered Plan 65M-2703, (Part of Lot 14, Concession 6)" municipally known as 263 Velmar Drive. By-law 1-88 zones this parcel Residential Zone IIR1'1. The applicant is requesting a variance to permit the maintenance of a wooden deck attached to an existing two-storey. single family detached dwelling with an attached garage, notwithstanding, the maximum lot coverage is 40.58%, rather than the by-law requires 35%. Ms. Ihsan Saad appeared on her own behalf and stated that she had nothing further to add. The City of Vaughan Planning Department indicated that staff are of the opinion that the variance is marginally minor. 12 Cont'd...

13 COMMITTEE OF ADJUSTMENT MINUTES JANUARY 24TH FILE NO. A4/95 IHSAN SAAD (cont'd) There were no other objections from any Departments or Agencies. seconded by R. Luciani That Application No. A4/95. IHSAN SAAD. be APPROVED, subject to the following conditions: 1. That the application be site specific to the deck and that the deck not be enclosed; 2. 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. ~13. FILE NO. A6/95 MoisE MAURICE BENCHITRIT South of Centre Street, west of Bathurst Street, being Lot 92, Registered Plan 65M-2727, (Part of Lot 4, Concession 2), municipally known as 311 Chelwood Drive, in the City of Vaughan. By-law 1-88 zones this parcel Residential Zone IR3". The applicant is requesting permission to permit the maintenance of an existing two-storey, single family detached dwelling with a physician's office plus an attached garage, notwithstanding, the number of parking spaces for home occupation use is four (4) rather than the required five (5). It should be noted that this application was approved by Committee of Adjustment on July 22, 1993 and later withdrawn by the applicant. Mr. Michael Buccioni appeared on behalf of the applicant and gave a brief submission regarding the request. Mr. Allan Stern, 294 Chelwood Drive, Thornhill, Ontario, L4J 7Y8, appeared in opposition to the request and indicated his concerns with respect to anticipated on-street parking. Mr. Fred Birnbaum, 288 Chelwood Drive, Thornhill, Ontario, L4J 7YS, also appeared in opposition siting concerns with respect to on-street parking. He provided the Committee with pictures of the area indicating present parking situation in the area. There was no one else in attendance either in support of or in opposition to the request. The City of Vaughan Planning Department comments as follows: Staff note that no pertinent information has been supplied with this application such as number of employees, gross floor area, expected patient load and extent of usage, therefore, ti is difficult for staff to assess the effect of the variance. 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 permission sought 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. 13 Cont'd...

14 13. FILE NO. A6/95 MoisE MAURICE BENCHITRIT (cont'd) seconded by R. Luciani That Application No. A6/95. MoIsE MAURICE BENCHITRIT. be APPROVED, subject to the following conditions: 1. That Council shall have approved a site plan in accordance with the requirement of Bylaw 1-88, if required, to the satisfaction of the Planning Department; 2. That if the condition listed above is 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. 14. FILE NO. A7/95 PAUL AND LARISA ISCHENKO North of Centre Street, west of Yonge Street, between Erica Road and Oakbank Road, on the south side of Thornbank Road, being Lot 46, Registered Plan 39n, (Part of Lot 31, Concession 1), municipally known as 60 Thornbank Road, in the City of Vaughan. By-law 1-88 zones this parcel Old Village Residential"R1V'. The applicants are requesting a variance to permit the construction of a proposed glass enclosure under the existing first floor overhang, notwithstanding, the maximum lot coverage will be 20.67% rather than the required 20%. It should be noted that a similar (A 103/94) application was refused by Committee of Adjustment on July 21, Mr. Neil Edmonds appeared on behalf of the applicant and stated he had no problems with the conditions listed in the draft resolutions. Mr. Walter Stocking, 58 Thornbank Road, Thornhill, Ontario, L4J 2A4, provided the Committee with pictures and stated he opposed any request to change this property. Mr. J. M. Ball, 56 Thornbank Road, Thornhill, Ontario, L4J 2A4 also appeared in opposition to the request. Mr. Edmonds indicated that they have changed the original request from an enclosed pool to a glassed-in solarium. 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. MOVED by R. De Vincenzo 14 Cont'd...

15 14. FILE NO. A7/95 PAUL AND LARISA ISCHENKO (cont'd) That Application No. A7/95. PAUL & LARISA ISCHENKO, 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. 15. FILE NO. A8/ ONTARIO LIMITED East of Weston Road, south of Langstaff Road, on the east side of Jevlan Drive; being Lot 13, Registered Plan 65M-2588, (Part of Lot 10, Concession 5), municipally known as 439 Jevlan Drive, in the City of Vaughan. By-law 1-88 zones this parcel General Industrial Zone IM2". The applicant is requesting a variance to permit the maintenance of a dust collector, notwithstanding, the minimum rear yard set back is 11.0m rather than the required 15.0m. Also the applicant is requesting variances to permit the maintenance of a building, notwithstanding, the number of parking spaces is 57, rather than the required 59 and the aisle width is 5.0m rather than the required 6.0m. Mr. Peter Gallo appeared on behalf of the applicant and stated that he had nothing to add. There were no objections from any Departments or Agencies. MOVED by N. Pinto seconded by R. De Vincenzo That Application No. A8/ ONTARIO LIMITED. 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, 16. FILE NO. A15/95 MAPLE COUNTRY PROPERTIES LIMITED Northeast of Melville Avenue and Major Mackenzie Drive, more specifically on the southeast corner of Roseheath Drive and Cresswell Avenue, being Lot 87, Registered Plan 65M-2981, (Part of Lot 21, Concession 4), in the City of Vaughan, 15 Cont'd...

16 16. FILE NO. A15/95 MAPLE COUNTRY PROPERTIES LIMITED (cont'd) By-law 1-88 zones this parcel Residential Zone IR3". The applicants are requesting a variance to permit the construction of a proposed two-storey, single family detached dwelling with an attached garage, notwithstanding, the minimum exterior side yard setback will be 4.3m, rather than the required 4.5m. There was no one in attendance regarding this matter. There were no objections from any Departments or Agencies. MOVED by R. Luciani seconded by K. Fass That Application No. A 15/95. MAPLE COUNTRY PROPERTIES LIMITED. be APPROVED. 17. FILE NO. A16/95 CREDIT VALLEY QUARRIES COMPANY LIMITED East of Jane Street south side of Highway No.7, between Maplecrete Road and Creditstone Rad, being Lot 7, Registered Plan 7977, (Part of Lot 5, Concession 4), municipally known as 2851 Highway NO.7. By-law 1-88 zones this parcel General Industrial Zone IM2". The applicant is requesting permission to permit the construction of a one-storey building for a use that is similar to the legal non-conforming uses, notwithstanding, the property presently enjoys a legal non-conforming status in respect to quantity of open storage and the lack of landscape. Usa Nichols appeared on behalf of the applicant and gave a brief submission regarding 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 permission sought 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 R. Luciani seconded by K. Fass That Application No. A 16/95, CREDIT VALLEY QUARRIES COMPANY LIMITED. be APPROVED, subject to the following conditions: 1. That a 9m bermed landscape strip be provided to screen the new proposed storage building, if required, to the satisfaction of the Planning Department; 16 Cont'd...

17 17. FILE NO. A16/95 CREDIT VALLEY QUARRIES COMPANY LIMITED (cont'd) 2. That if the condition listed above is 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. 18. FILE NO. A17/95 ANGELO NICOSIA West of Bathurst Street. south of Highway #7. being Lot 203, Registered Plan 65M-2721, (Part of Lot 8. Concession 2), municipally known as 156 Renaissance Court, in the City of Vaughan. By-law 1-88 zones this parcel Residential Zone IIR111. The applicants are requesting a variance to permit the maintenance of an existing three-storey, single family detached dwelling with an attached garage, notwithstanding. the minimum side yard setback is 3.12m, rather than the required 4.0m. Angelo Nicosia appeared on his own behalf and had nothing new to add. There were no objections from any Departments or Agencies. MOVED by R. Luciani seconded by K. Fass That Application No. A 17/95. ANGELO NICOSIA. be APPROVED. 19. FILE NO. A18/95 GALLU CONSTRUCTION INCORPORATED West of Weston Road, south of Highway No.7, and east of Whitmore Road, being Part of Lot 5, Concession 6, municipally known as 3901 Highway #7, in the City of Vaughan. By-law 1-88 zones this parcel General Industrial Zone IIM111. The applicant is requesting a variance to permit the establishment of a proposed restaurant in an area of 140 square metres on the ground floor of an existing six-storey office building, notwithstanding. the minimum parking spaces is 264, rather that the required 288. Celeste Iacobelli appeared on behalf of the applicant and gave a brief submission regarding the request. He indicated the restaurant proposed for this application will be IIJust Desserts ll, which is a family oriented restaurant and felt their peak times would be in the evenings. City of Vaughan Planning Department indicated that staff questions whether this variance is minor, and expressed some concern with its location. 17 Cont'd...

18 19. FILE NO. A 18/95 GALLU CONSTRUCTION INCORPORATED (cont'd) There were no other objections from any Departments or Agencies. seconded by R. Luciani That Application No. A18/95. GALLU CONSTRUCTION INCORPORATED. 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. ~10. FILE NO. A19/95 SYOMA & GALINA MELAMENCHUK North of Steeles, west of Yonge Street, south of Yorkhill Boulevard, being Block 49, Registered Plan 65M-2038, (Part of Lot 27, Concession 1), municipally known as 167 Green Bush Crescent, in the City of Vaughan. By-law 1-88 zones this parcel Multiple Residential Zone IIRM21. The applicant is requesting a variance to permit the maintenance of stair to the basement from an existing garage which is attached to an existing two-storey, single family detached dwelling, notwithstanding, the minimum garage size is 2.26m X 6.09m and the parking space size is 2.26m X 6.0m, rather than. the by-law requires that a garage must have a minimum size of 3.0m X 6.0m and a parking size of 2.7m X 6.0m. Galina Melamenchuk appeared on her own behalf and indicated that they bought this dwelling three months ago. These stairs have existed for seven year. A letter and pictures were received from Mr. Steven Traub, 163 Green Bush Crescent, Thornhill, Ontario, L4J 5L8, who opposed this request, siting on-street parking problems. Dianna Glass, 165 Green Bush Crescent, Thornhill, Ontario, L4J 5L8, also sent in a letter of opposition stating on-street parking problems. There were no objections from any Departments or Agencies. 18 Cont'd...

19 COMMITTEE OF ADJUSTMENT MINUTES JANUARY 24TH FILE NO. A 19/95 SYOMA & GALINA MELAMENCHUK (cont'd) MOVED by N. Pinto seconded by R. De Vincenzo That Application No. A 19/95. SYOMA & GAUNA MELAMENCHUK. 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'; 21. FILE NO. A22/95 MICHAEL AND MARIA ROSA MAGNIFICO Southwest of Rutherford Road and Clarence Street, being Lot 66, Registered Plan 65M-2808, (Part of Lot 14, Concession 8), municipally known as 338 Roselawn Drive, in the City of Vaughan. By-law 1-88 zones this parcel Residential Zone IR1". The applicant is requesting a variance to permit the maintenance of the front porch steps of an existing one-storey, single family detached dwelling with an attached garage, notwithstanding, the maximum yard encroachment is 2.82m, rather than the by-law requires 1.8m. Sandra Morra appeared on behalf of the applicant and stated she would answer any questions. There were no objections from any Departments or Agencies. MOVED by R. De Vincenzo That Application No. A22/95, MICHAEL AND MARIA ROSA MAGNIFICO. be APPROVED. MOTION TO ADJOURN MOVED by R. De Vincenzo THAT the meeting of the Committee of Adjustment be adjourned at 9:00 p.m., and the next regular meeting will be held on Thursday, January 26th Cont'd...