The Minutes of the 2nd Meeting of the Vaughan Committee of Adjustment for the year 2003 THURSDAY, JANUARY 23, :00 p.m.

Transcription

1 The Minutes of the 2nd Meeting of the Vaughan Committee of Adjustment for the year 2003 THURSDAY, JANUARY 23, 2003 Present at the meeting were: 6:00 p.m. M. Mauti T. DeCicco L. Fluxgold K. Connell S. Perrella Members of Staff present: Dianne Grout, Secretary-Treasurer Cathy Schanck, Assistant to the Secretary-Treasurer Glenn White, Planner Marie Kennedy, Plans Examiner INTRODUCTION OF ADDENDUM REPORTS Seconded by L. Fluxgold 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 L. Fluxgold declared a conflict of interest with respect to Item # 17, File No. A13/03, HYDRO ONE NETWORKS INC., as he has business with the applicant. ADOPTION OR CORRECTION OF MINUTES Seconded by L. Fluxgold THAT the minutes of the Committee of Adjustment Meeting of January 9, 2003, be adopted as circulated. CARRIED ADJOURNMENTS AND/OR DEFERRALS A fax dated January 17, 2003 was received from Adrian C. Philips, Carruthers Shaw & Partners Limited Architects to request File No. A4/03, be rescheduled to the next available date to allow sufficient time for the preparation, resubmission and review of revised drawings by all concerned parties. A fax dated January 22, 2003 was received from Ronald N. Siddall, James, Siddall & Derzko, to request File No. A23/03 be adjourned sine die to enable the applicant to demonstrate to the Community Planning Department, conformity with the Oak Ridges Moraine Conservation Plan, as stated in the recommendations of the Commissioner of Planning. The Committee then asked if there were any other requests and Richard Wengle stood up and requested that File No. A7/03, Gina Memme, be adjourned to the February 6, 2003 meeting. Seconded by K. Connell THAT Item #12, YORK REGION DISTRICT SCHOOL BOARD, File No. A4/03, BE ADJOURNED TO FEBRUARY 20, THAT Item #27, ROGER HWANG & GRACE FENG, File No. A23/03, BE ADJOURNED SINE DIE. CARRIED Page 1 of 27

2 ADJOURNMENTS AND/OR DEFERRALS CONT D Seconded by T. De Cicco THAT Item #13, GINA MEMME, File No. A7/03, BE ADJOURNED TO FEBRUARY 6, 2003 MEETING. CARRIED ADMINISTRATIVE CORRECTIONS ITEM NO. 21 FILE NO. A17/03 APPLICANT: ANDREA GALUFFO NOTICE OF APPLICATION - CIRCULATED JANUARY 9, 2003 Seconded by L. Fluxgold SHOULD READ: the maintenance of a rear yard garden shed... the maintenance of a solarium. NOT: the maintenance of a solarium. the maintenance of a rear yard garden shed.. ITEM NO. 19 FILE NO. A15/03 APPLICANT: OLGA CHLYKOVA NOTICE OF APPLICATION - CIRCULATED JANUARY 9, 2003 Seconded by L. Fluxgold SHOULD READ: the maximum driveway width is 6.7m (irregular driveway width ranging from 4.14m to 6.7m) NOT: the maximum driveway width is 3.5m. Page 2 of 27

3 CONSENT PUBLIC HEARING: (PREVIOUSLY ADJOURNED FROM DEC. 12/02 MEETING) 1. FILE NOS.: to SAVERIO BORAGINA (A86/02), ROSA MALFARA/SAVERIO BORAGINA (B87/02), ROSA MALFARA (B88/02) 3. Part of Lot 26, Concession 1, (Part of Lot 59, Plan No. M-3205, Parts 1, 2, 3, Reference Plan No. 65R-7460, municipally known as 119, 121, 123, Crestwood Road, Thornhill.) PROPOSALS B86/02 - The purpose of this application is to request the consent of the Committee of Adjustment to convey a parcel of land for an addition to an existing lot taken into the title of the lands to the West (121 Crestwood Rd), for residential purposes, and retain the lands for residential purposes. B87/02 - The purpose of this application is to request the consent of the Committee of Adjustment to convey a parcel of land for an addition to an existing lot taken into the title of the lands to the East (119 Crestwood Rd), for residential purposes, and retain the lands for residential purposes. B88/02 - The purpose of this application is to request the consent of the Committee of Adjustment to convey a parcel of land for an addition to an existing lot taken into the title of the lands to the East (121 Crestwood Rd), for residential purposes, and retain the lands for residential purposes. There are existing residential dwellings that will be demolished. Residential dwellings are proposed on the subject and retained lands. The subject and retained lands are zoned R2, Residential, and subject to the provisions under Bylaw 1-88 as amended. The Community Planning Department sent revised comments on January 17, 2003 stating the following: The Community Planning Department has no objections of Consent Applications B86/02 to B88/02. The applicant is proposing to convey a parcel of land from each lot and add it to the adjacent lot. The result would create four lots with smaller lot frontage out of the original three lots. The resulting frontages will be three 16.6m frontages and one 16.9m frontage. The majority of the surrounding lot frontages are 22m. The proposed lots do meet the minimum lot frontage and lot area requirement of the Zoning By-law. It is noted, there is one existing lot frontage of 16.76m at 134 Crestwood Road. The Community Planning Department s staff had a meeting with the applicants and their agent. At the meeting, the agent presented staff with a past OMB decision for the severance of 161 and 165 Crestwood Road into three lots. The proposed lot frontages were 14.76m, 14.76m and 15.0m. The OMB approved the applications to create the three lots. The decision contained some of the following reasons to support the severances: Although many of the lots on Crestwood still have large frontages, By-law 1-88 has allowed for much smaller frontages with minimal side yards for many years. The OMB member concluded that with the use of a much smaller side yard setback, the spaciousness that accompanied the original housing and some of the older bungalows was disappearing as new and/or replacement housing is built. The impact of this change will be for Crestwood to increasingly display a more urban streetscape. If the City believed that the Crestwood streetscape, featuring large lots and ample side yards was worthy of protection then more stringent standards should have been passed. Like many streets close to major transportation corridors, Crestwood Road has proven to be a desirable place to live. As such, it is undergoing change and that change will no doubt continue. (Valente B33/98 & B34/98, OMB PL980378). In review, the proposed lots by these applications (B86/02 to B88/02) comply with the requirements of By-law The proposed lot frontages (three 16.6m and one 16.9m frontages) are larger then the lots supported by the OMB. Given the above noted OMB decision, the Community Planning Department now has no objections to Consent Applications B86/02 to B88/02. Page 3 of 27

4 Letters of support were received from the following people: SAIL HIUTIN 96 ROYAL PALM DR L4J 5B8 NICOLINA MALFARA 117 CRESTWOOD RD L4J 1A7 OCCUPANT 131 CRESTWOOD RD L4J 1A7 OCCUPANTS 143 CRESTWOOD RD L4J 1A7 MARY PISANI 106 ROYAL PALM DR L4J 5P8 MARY WONG 98 ROYAL PALM DR L4J 5B8 ADA CHOW 126 CRESTWOOD RD L4J 1A6 RAY & IRIS MCEWEN 133CRESTWOOD RD L4J 1A7 ROSA MALFARA/TINA MALFARA 108 ROYAL PALM DR L4J 5P8 MARIA BOSSO 271 PINEWOOD DR L4J 5S1 E. CANALE 104 CRESTWOOD RD L4J 1A6 ANTONIO BELTRAME 127 CRESTWOOD RD L4J 1A7 OCCUPANTS 145 CRESTWOOD RD L4J 1A7 MARIA BOSO 122 CRESTWOOD RD L4J 1A6 SANTINA BORAGINA 88 ROYAL PALM DR L4J 5P8 Robert Johnston, appeared as the agent and confirmed that the applicants had met with the Community Planning Department and that their revised comments were on record along with the support from the immediate residents. He was not aware of any opposition as no one else had appeared at the previous meeting and no letters of opposition had been received to date. There was no one in attendance either in support of or in opposition to the request. There were no other objections from any Departments or Agencies, and any conditions are listed below. MOVED by L. Fluxgold Seconded by T. De Cicco THAT Application No: B86/02 SAVERIO BORAGINA, be APPROVED, in accordance with the sketch attached and subject to the following conditions: NOTE: All conditions below must be fulfilled and clearance letters must be received by the Secretary-Treasurer before any cheques can be accepted and Certificate of Official can be issued. 1. That the owner shall pay all taxes as levied, if required, to the satisfaction of the Reserves/Capital Department; (contact Terri Liuni in the Reserves/Capital Department to have this condition cleared). 2. 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; 3. That the applicant provide to the Secretary Treasurer a letter of undertaking, stating that the lands in question for an addition to an existing lot taken into the title of the lands to the West (121 Crestwood Rd); 4. 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; Page 4 of 27

5 5. Upon fulfilling and complying with all of the above-noted conditions, the Secretary-Treasurer of the Committee of Adjustment must be provided with a letter and a Schedule Page, in a format satisfactory to the Secretary-Treasurer, from the Applicant s solicitor confirming the legal description of the subject lands, sufficient for registration purposes the Schedule Page will be an attachment to the Certificate. Upon being satisfied with said legal description and upon all other conditions for the consent having been satisfied, the Secretary-Treasurer shall provide a Certificate of Official to the applicant in accordance with Section 53(42) of the Planning Act, R.S.O. 1990, as amended; 6. A fee of $ made payable to the Treasurer City of Vaughan shall, be submitted to the Secretary Treasurer for the issuance of the Certificate of Official. It will be necessary to allow up to three (3) working days after all conditions have been fulfilled and documentation filed. Same day service is also available for an additional cost of $100.00, provided all conditions of approval have been fulfilled and all required documents are submitted by 11:30am. that day; 7. Prior to the issuance of a building permit, if required, the applicant shall fulfil and comply with all of the above noted consent conditions; IMPORTANT: 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 fulfil and comply with all of the (above-noted) conditions of Consent. Failing to comply with this requirement will result in the application to be deemed to be refused. ALL CONDITIONS MUST BE FULFILLED. Please contact each Agency and/or Department listed above whether "if required" appears in the condition or not. THAT Application No. B87/02 ROSA MALFARA/SAVERIO BORAGINA, be APPROVED, in accordance with the sketch attached and subject to the following conditions : NOTE: All conditions below must be fulfilled and clearance letters must be received by the Secretary-Treasurer before any cheques can be accepted and Certificate of Official can be issued. 1. That the owner shall pay all taxes as levied, if required, to the satisfaction of the Reserves/Capital Department; (contact Terri Liuni in the Reserves/Capital Department to have this condition cleared). 2. 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 Terri Liuni, of the Reserves/Capital and Parks 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; 4. That the applicant provide to the Secretary Treasurer a letter of undertaking, stating that the lands in question for an addition to an existing lot taken into the title of the lands to the East (119 Crestwood Rd); 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, the Secretary-Treasurer of the Committee of Adjustment must be provided with a letter and a Schedule Page, in a format satisfactory to the Secretary-Treasurer, from the Applicant s solicitor confirming the legal description of the subject lands, sufficient for registration purposes the Schedule Page will be an attachment to the Certificate. Upon being satisfied with said legal description and upon all other conditions for the consent having been satisfied, the Secretary-Treasurer shall provide a Certificate of Official to the applicant in accordance with Section 53(42) of the Planning Act, R.S.O. 1990, as amended; Page 5 of 27

6 7. A fee of $ made payable to the Treasurer City of Vaughan shall, be submitted to the Secretary Treasurer for the issuance of the Certificate of Official. It will be necessary to allow up to three (3) working days after all conditions have been fulfilled and documentation filed. Same day service is also available for an additional cost of $100.00, provided all conditions of approval have been fulfilled and all required documents are submitted by 11:30am. that day; 8. Prior to the issuance of a building permit, if required, the applicant shall fulfil and comply with all of the above noted consent conditions; IMPORTANT: 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 fulfil and comply with all of the (above-noted) conditions of Consent. Failing to comply with this requirement will result in the application to be deemed to be refused. ALL CONDITIONS MUST BE FULFILLED. Please contact each Agency and/or Department listed above whether "if required" appears in the condition or not. 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 Special Area 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 Charge By-law in effect at the time of Building permit issuance, if required, to the satisfaction of the Finance Department; THAT Application No. B88/02 ROSA MALFARA, be APPROVED, in accordance with the sketch attached and subject to the following conditions : NOTE: All conditions below must be fulfilled and clearance letters must be received by the Secretary-Treasurer before any cheques can be accepted and Certificate of Official can be issued. 1. That the owner shall pay all taxes as levied, if required, to the satisfaction of the Reserves/Capital Department; (contact Terri Liuni in the Reserves/Capital Department to have this condition cleared). 2. 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; 3. That the applicant provide to the Secretary Treasurer a letter of undertaking, stating that the lands in question for an addition to an existing lot taken into the title of the lands to the East (121 Crestwood Rd); 4. 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; 5. Upon fulfilling and complying with all of the above-noted conditions, the Secretary-Treasurer of the Committee of Adjustment must be provided with a letter and a Schedule Page, in a format satisfactory to the Secretary-Treasurer, from the Applicant s solicitor confirming the legal description of the subject lands, sufficient for registration purposes the Schedule Page will be an attachment to the Certificate. Upon being satisfied with said legal description and upon all other conditions for the consent having been satisfied, the Secretary-Treasurer shall provide a Certificate of Official to the applicant in accordance with Section 53(42) of the Planning Act, R.S.O. 1990, as amended; Page 6 of 27

7 6. A fee of $ made payable to the Treasurer City of Vaughan shall, be submitted to the Secretary Treasurer for the issuance of the Certificate of Official. It will be necessary to allow up to three (3) working days after all conditions have been fulfilled and documentation filed. Same day service is also available for an additional cost of $100.00, provided all conditions of approval have been fulfilled and all required documents are submitted by 11:30am. that day; 7. Prior to the issuance of a building permit, if required, the applicant shall fulfil and comply with all of the above noted consent conditions; IMPORTANT: 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 fulfil and comply with all of the (above-noted) conditions of Consent. Failing to comply with this requirement will result in the application to be deemed to be refused. ALL CONDITIONS MUST BE FULFILLED. Please contact each Agency and/or Department listed above whether "if required" appears in the condition or not. MINOR VARIANCE PUBLIC HEARING: (PREVIOUSLY ADJOURNED FROM THE NOV. 21/02 & DEC. 12/02 MEETINGS 4. FILE NO: A436/02 MARK RICE Part of Lot 6, Concession 8, (Lot 18, Block 13, Registered Plan 65M-3141, municipally known as 16 Creekwood Court, Woodbridge.) PROPOSAL The purpose of this application is to request a variance to permit the construction of a swimming pool, to an existing two storey single family detached dwelling with attached garage, notwithstanding, the swimming pool will be located in the side yard, rather than the By-law requires the swimming pool to be located in the rear yard only. The subject lands are zoned R5, Residential subject to the provisions of Exception Number 9(39) under By-Law 1-88 as amended. The Engineering Department sent revised comments: The Engineering Department has reviewed the revised pool dimensions submitted by the applicant. As per the revised site plan, dated December 12, 2002, the proposed dimensions are 14 feet by 30 feet with a 2.0m offset from the existing rear lot catch basin. Please ensure that the minimum 2.0m offset is maintained from the nearest edge of the existing pipe to the nearest edge of the proposed swimming pool. G. Orofino, appeared as the agent, and had nothing to add to the request. There was no one in attendance either in support of or in opposition to the request. There were no other objections from any Departments or Agencies. 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. Page 7 of 27

8 Seconded by. L. Fluxgold THAT Application No. A436/02 MARK RICE, be APPROVED, in accordance with the sketch attached. THIS MINOR VARIANCE DECISION IS NOT A BUILDING PERMIT AUTHORIZING CONSTRUCTION UNDER THE BUILDING CODE ACT, R.S.O. 1990, AS AMENDED. A BUILDING PERMIT MAY BE REQUIRED. PLEASE CONTACT THE BUILDING STANDARDS DEPARTMENT IN THE EVENT THAT YOU REQUIRE FURTHER CLARIFICATION. MINOR VARIANCE PUBLIC HEARING: 5. FILE NO.: A450/02 (PREVIOUSLY ADJOURNED FROM DEC. 12/02 & JAN. 9/03 MEETINGS) ESTHER KARLIN Part of Lot 29, Concession 1, (Part of Lot 14, Registered Plan 3319, municipally known as 80 Charles Street, Thornhill). PROPOSAL The subject and retained lands are zoned R1v, Old Village Residential and subject to the provisions of Exception Number 9(662) and 9(549) under By-Law 1-88 as amended. The purpose of this application is to request variances to permit the construction of a proposed two-storey single family detached dwelling, notwithstanding, the nature of the proposed variances, the proposed changes to the existing By-law and the current By-law requirements are as follows: OF VARIANCES PROPOSED CHANGES BY-LAW REQUIREMENTS Over entire lot To permit a maximum lot coverage of A maximum lot coverage of 20% is permitted. Over entire lot EAST SIDE of proposed dwelling NORTH & SOUTH SIDES of proposed dwelling 23.5%. To permit a maximum building height of 10.9 metres. To permit a minimum front yard setback of 6.5 metres to the covered porch including stairs (a minimum of 9.0 metres is provided to the dwelling). To permit a maximum sum of the side yards of metres. A maximum building height of 9.5 metres is permitted. A minimum 7.2 metres is required to the covered porch including stairs. A maximum sum of the side yards shall not exceed 15.0 metres The Community Planning Department sent revised comments on January 16, 2003 stating the following: The Community Planning Department supports the requested variances with the exception of the request for increased lot coverage to 23.5%. This department does not support the requested 23.5% lot coverage. The Community Planning Department has not supported more than 23.0% lot coverage for the R1V Old Village Residential Zone in this general neighbourhood. Peter Vishnovsky, appeared as the agent, and had nothing to add to the request. The Committee strongly suggested to Mr. Vishnovsky that he amend the lot coverage to 23% to which he finally agreed. Terry Goodwin, 122 Thornridge Drive, Thornhill, L4J 1E3, appeared and although he supported the 23% lot coverage, he was concerned as to the height of the proposed dwelling. He explained that both homes on either side of his own exceeded the By-law. Page 8 of 27

9 The Committee asked Mr. Vishnovsky if the side yard variances would be necessary now that the lot coverage was to be reduced. It was then agreed by both parties that a new sketch would be submitted, the application would be re-circulated and heard again at a later date. There was no one else in attendance either in support of or in opposition to the request. There were no other objections from any Departments or Agencies. MOVED by L. Fluxgold Seconded by T. De Cicco THAT Application No. A450/02 ESTHER KARLIN, be ADJOURNED SINE DIE. MINOR VARIANCE PUBLIC HEARING: (PREVIOUSLY ADJOURNED FROM THE JAN. 9/03 MEETING) 6. FILE NO.: A2/03 FRANK & DYANE IANNUZZI Part of Lot 16, Concession 6, (Lot 196, Registered Plan No. 65M-3360, municipally known as 46 Fontebella Avenue, Woodbridge). PROPOSAL During the applicant s submission, it was agreed to amend the application, and sketch as follows: the minimum interior side yard will be 0.6m.. NOT the minimum interior side yard is 0.0m. This amendment resulted in the interior side yard being in conformity with the By-law. The subject lands are zoned RVM1 (WS-B), Residential Urban Village Multiple Dwelling subject to the provisions of Exception Number 9(1024) under By-law 1-88 as amended. THEREFORE, the applicants are requesting a variance to permit the maintenance of an existing unenclosed wooden deck with a ramp for wheelchair access, at the rear of an existing two storey single family detached dwelling, notwithstanding, the minimum rear yard setback is 0.9m, rather than the By-law requires the minimum rear yard setback to be 4.2m. A sketch is attached illustrating the request. The Community Planning Department had sent the following comments: The Community Planning Department is of the opinion that the proposed variance is not appropriate development of the land. This department does not support the concept of providing a zero setback. The rear yard setback represents a 78.6% reduction in the required rear yard setback requirement. The Community Planning Department does not support Variance Application A2/03. A letter of support was received from the following neighbour: Adriana Varacalli & Lorenzo Fontana, 52 Fontebella Avenue, Woodbridge, Ontario, L4H 2B8; Letters of opposition were received from the following neighbour: Attilio & Mary Mastrantoni, 42 Fontebella Avenue, Woodbridge, Ontario, L4H 2A6; Letters neither supporting nor opposing the application were received from the following neighbours: Nadia & Dino Vallone, 111 Saint Damian Avenue, Woodbridge, Ontario, L4H 2L5 Hoang & Maria Dhong, 107 Saint Damian Avenue, Woodbridge, Ontario, L4H 2L5 Frank Iannuzzi, the owner, appeared and read from a prepared statement. Mr. Iannuzzi added that Page 9 of 27

10 he would be willing to amend his application agreeing to meet the 0.6m minimum interior side yard setback. Mary Mastrantoni, appeared and stated she wanted both variances to be met, not just the side yard setback of 0.6m. The Committee then asked the Community Planning Department if they would support the application if the 0.6m side yard was met, to which they stated they would. 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 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 L. Fluxgold THAT Application No. A2/03 FRANK & DYANE IANNUZZI, be APPROVED, AS AMENDED, in accordance with the sketch attached and subject to the following conditions: 1. That the existing portion of the deck located in the interior side yard be removed to conform to the amended and approved 0.6m, to the satisfaction of the Building Standards 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. IMPORTANT: ALL CONDITIONS LISTED ABOVE MUST BE FULFILLED PRIOR TO THE ISSUANCE OF A BUILDING PERMIT. It is the responsibility of the Owner/Applicant and/or Agent to obtain a clearance letter from each Agency and/or Department listed above whether if required appears in the decision or not and forward this letter to the Secretary-Treasurer. Once these letters are received within the prescribed time period, the Secretary-Treasurer will provide the Building Standards Department with a Fulfilment of Condition letter, which will indicate that a building permit can now be issued, if one is required. Failure to comply with this requirement will result in the decision being deemed to be annulled and rescinded by the Committee. THIS MINOR VARIANCE DECISION IS NOT A BUILDING PERMIT AUTHORIZING CONSTRUCTION UNDER THE BUILDING CODE ACT, R.S.O. 1990, AS AMENDED. A BUILDING PERMIT MAY BE REQUIRED. PLEASE CONTACT THE BUILDING STANDARDS DEPARTMENT IN THE EVENT THAT YOU REQUIRE FURTHER CLARIFICATION. CONSENT PUBLIC HEARING: 7. FILE NO.: B3/03 METRUS PROPERTIES LIMITED Part of Lot 2, Concession 3, (Reference Plan No. 65R-20847, known as Keele Street & Ronrose Drive, Concord). PROPOSAL The purpose of this application is to request the consent of the Committee of Adjustment to grant a lease in excess of twenty-one years (Timwen Partnership) for the parcel of land for commercial purposes, and retain the lands for unknown future development. Page 10 of 27

11 The subject and retained lands are currently vacant. A one storey restaurant is proposed on the subject lands. Pat Ceolin, appeared on behalf of the applicant and had nothing to add to the request. There was no one in attendance either in support of or in opposition to the request. There were no other objections from any Departments or Agencies, and any conditions are listed below. Seconded by K. Connell THAT Application No. B3/03 METRUS PROPERTIES LIMITED, be APPROVED, in accordance with the sketch attached and subject to the following conditions: NOTE: All conditions below must be fulfilled and clearance letters must be received by the Secretary-Treasurer before any cheques can be accepted and Certificate of Official can be issued. 1. That the owner shall pay all taxes as levied, if required, to the satisfaction of the Reserves/Capital Department; (contact Terri Liuni in the Reserves/Capital Department to have this condition cleared). 2. 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; 3. 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; 4. Upon fulfilling and complying with all of the above-noted conditions, the Secretary-Treasurer of the Committee of Adjustment must be provided with a letter and a Schedule Page, in a format satisfactory to the Secretary-Treasurer, from the Applicant s solicitor confirming the legal description of the subject lands, sufficient for registration purposes the Schedule Page will be an attachment to the Certificate. Upon being satisfied with said legal description and upon all other conditions for the consent having been satisfied, the Secretary-Treasurer shall provide a Certificate of Official to the applicant in accordance with Section 53(42) of the Planning Act, R.S.O. 1990, as amended; 5. A fee of $ made payable to the Treasurer City of Vaughan shall, be submitted to the Secretary Treasurer for the issuance of the Certificate of Official. It will be necessary to allow up to three (3) working days after all conditions have been fulfilled and documentation filed. Same day service is also available for an additional cost of $100.00, provided all conditions of approval have been fulfilled and all required documents are submitted by 11:30am. that day; 6. Prior to the issuance of a building permit, if required, the applicant shall fulfil and comply with all of the above noted consent conditions; IMPORTANT: 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 fulfil and comply with all of the (above-noted) conditions of Consent. Failing to comply with this requirement will result in the application to be deemed to be refused. ALL CONDITIONS MUST BE FULFILLED. Please contact each Agency and/or Department listed above whether "if required" appears in the condition or not. 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 Page 11 of 27

12 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 Special Area 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 Charge By-law in effect at the time of Building permit issuance, if required, to the satisfaction of the Finance Department; CARRIED MINOR VARIANCE PUBLIC HEARING: 8. FILE NO: A11/03 MARIO FURFARI Part of Lot 27, Concession 5, (Lot 11, Block 27, Registered Plan No. 65M-3598, municipally known as 20 Roc Mary Place, Maple). PROPOSALS The subject lands are zoned RR, Rural Residential, subject to the provisions of Exception Number 9(1133) under By-law 1-88 as amended. The purpose of this application is to request variances to permit the construction of a two storey single family detached dwelling, notwithstanding, the minimum rear yard setback will be 9.56 metres, rather than the By-law requires 15 metres; the maximum building height will be metres, rather than the By-law requires 9.5 metres; and the private swimming pool will be constructed in the interior side yard, rather than the By-law requires a private swimming pool shall be constructed only in the rear yard. John Coppa, appeared as the agent, and had nothing to add to 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. 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 L. Fluxgold Seconded by K. Connell THAT Application No. A11/03 MARIO FURFARI, be APPROVED, in accordance with the sketch attached. THIS MINOR VARIANCE DECISION IS NOT A BUILDING PERMIT AUTHORIZING CONSTRUCTION UNDER THE BUILDING CODE ACT, R.S.O. 1990, AS AMENDED. A BUILDING PERMIT MAY BE REQUIRED. PLEASE CONTACT THE BUILDING STANDARDS DEPARTMENT IN THE EVENT THAT YOU REQUIRE FURTHER CLARIFICATION. 9. FILE NO: A12/03 BEAVERBROOK HOMES Part of Lot 30, Concession 3, (Lot 133, Registered Plan No. 65M-3556, municipally known as 118 Beaverbrook Crescent, Maple). Page 12 of 27

13 PROPOSAL The subject lands are zoned RVM1(B), Residential Urban Village Multiple Dwelling Zone One, subject to the provisions of Exception Number 9(946) under By-law 1-88 as amended. The purpose of this application is to request a variance to permit the continued construction of a single family detached dwelling, notwithstanding, the maximum interior width of the garage slab will be equal to 59.7% of the lot frontage, rather than the By-law requires the maximum interior width of the garage slab be equal to 50% of the lot frontage. Steve Hukari, appeared as the agent, and had nothing to add to 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. 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. Seconded by L. Fluxgold THAT Application No. A12/03 BEAVERBROOK HOMES, be APPROVED, in accordance with the sketch attached. THIS MINOR VARIANCE DECISION IS NOT A BUILDING PERMIT AUTHORIZING CONSTRUCTION UNDER THE BUILDING CODE ACT, R.S.O. 1990, AS AMENDED. A BUILDING PERMIT MAY BE REQUIRED. PLEASE CONTACT THE BUILDING STANDARDS DEPARTMENT IN THE EVENT THAT YOU REQUIRE FURTHER CLARIFICATION. It should be noted that L. Fluxgold left the Council Chambers and abstained from voting on the following application due to a conflict of interest declared at the start of the meeting. MINOR VARIANCE PUBLIC HEARING: 10. FILE NO.: A13/03 HYDRO ONE NETWORKS INC. Part of Lot 27, Concession 1, (Lot 5, Registrar s Compiled Plan 9685, Thornhill). PROPOSAL The subject lands are zoned A, Agricultural and subject to the provisions under By-Law 1-88 as amended. The purpose of this application is to request a variance to permit the construction of a surface parking area, to be used by the owners of the property municipally known as 7131 Bathurst Street, notwithstanding, permitting off side parking and aisles for lands abutting the South (Parking area will be used for municipal address known as 7131 Bathurst Street), rather than the By-law requires All parking and aisles shall be provided on the lot as per Section 3.8(a), (in this case 7131 Bathurst Street). A fax of opposition was received from Tony Dell Osso, on behalf of his mother, Mrs. Sara Dell Osso, 214 Crestwood Road, Thornhill, Ontario, L4J 1A9. Sam Cohen, appeared as the agent, and with the use of a site plan, he gave a submission addressing concerns of the neighbours. Tony Dell Osso appeared on behalf of his mother and reitterated the concerns of the proposed parking lot and the future use it might have. Page 13 of 27

14 Vidal Meledi, 218 Crestwood Road, Thornhill, Ontario, L4J 1A9, appeared in opposition, stating he wanted nothing in his backyard. The Committee then asked Sam Cohen to clarify the sketch as to the limit, and Mr Cohen explained that the parking would be no further than 10 feet past Lot 236. The Committee asked that a new sketch or a revised sketch be submitted to the Committee of Adjustment Friday morning clearly showing that limit. 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. 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: A13/03 HYDRO ONE NETWORKS INC., be APPROVED, in accordance with the sketch attached. THIS MINOR VARIANCE DECISION IS NOT A BUILDING PERMIT AUTHORIZING CONSTRUCTION UNDER THE BUILDING CODE ACT, R.S.O. 1990, AS AMENDED. A BUILDING PERMIT MAY BE REQUIRED. PLEASE CONTACT THE BUILDING STANDARDS DEPARTMENT IN THE EVENT THAT YOU REQUIRE FURTHER CLARIFICATION. Please note: L. Fluxgold had not returned to the Council Chambers and therefore did not vote on the following application. 11. FILE NO: A14/03 LANGSTAFF CONTWO INVESTMENTS LIMITED Part of Lot 101, Concession 2 (Block 16, Registered Plan 3535, Thornhill). PROPOSALS The subject and retained lands are zoned C3, Local Commercial and subject to the provisions of Exception Number 9(1063) under By-Law 1-88 as amended. The purpose of this application is to request variances to permit the construction of an automobile service station, inclusive of a convenience store and car wash, notwithstanding, the nature of the proposed variances, the proposed changes to the existing By-law and the current By-law requirements are as follows: OF VARIANCES minimum landscape strip along the East lot line. minimum landscape abutting a sight triangle. Rear yard setback Minimum Number of vehicles in the car wash stacking lane (Northeast corner of property). PROPOSED CHANGES A minimum of 1.5 metres A minimum of 4.0 metre A minimum of 3.0 metres. A minimum of 10 vehicle car wash stacking lane. BY-LAW REQUIREMENTS A minimum 2.4 metre wide landscape strip is required along the East lot line. A minimum 6.0 metre wide landscape strip is required abutting a sight triangle. A minimum rear yard setback of 9.0 metres is required. A minimum 20 vehicle car wash stacking lane is required. Murray Evans appeared as the agent, and had nothing to add to the requests. 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. Page 14 of 27

15 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. Seconded by K. Connell THAT Application No: A14/03 LANGSTAFF CONTWO INVESTMENTS LIMITED, be APPROVED, in accordance with the sketch attached. THIS MINOR VARIANCE DECISION IS NOT A BUILDING PERMIT AUTHORIZING CONSTRUCTION UNDER THE BUILDING CODE ACT, R.S.O. 1990, AS AMENDED. A BUILDING PERMIT MAY BE REQUIRED. PLEASE CONTACT THE BUILDING STANDARDS DEPARTMENT IN THE EVENT THAT YOU REQUIRE FURTHER CLARIFICATION. Please note: L. Fluxgold returned to the Council Chambers and was present for voting on the next two applications, (A15/03 & A16/03). 12. FILE NO: A15/03 OLGA CHLYKOVA Part of Lot 30, Concession 1, (Part Block 172, Registered Plan No. 65M-2099, municipally known as 61 Patrice Cres., Thornhill). PROPOSAL The subject lands and retained lands are zoned RM1, Multiple Residential and subject to the provisions of Exception Number 9(474) under By-Law 1-88 as amended. The purpose of this application is to request a variance to permit the maintenance of a two storey single family detached dwelling, with attached garage, notwithstanding, the maximum driveway width is 6.7m (irregular driveway width ranging from 4.14m to 6.7m.), rather than the By-law requires the maximum driveway width of 3.5m. Viatcheslav Chlykova, the owner, appeared and had nothing to add to 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. 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 K. Connell Seconded by T. De Cicco THAT Application No: A15/03 OLGA CHLYKOVA, be APPROVED, in accordance with the sketch attached. THIS MINOR VARIANCE DECISION IS NOT A BUILDING PERMIT AUTHORIZING CONSTRUCTION UNDER THE BUILDING CODE ACT, R.S.O. 1990, AS AMENDED. A BUILDING PERMIT MAY BE REQUIRED. PLEASE CONTACT THE BUILDING STANDARDS DEPARTMENT IN THE EVENT THAT YOU REQUIRE FURTHER CLARIFICATION. 13. FILE NO: A16/ ONTARIO LIMITED Page 15 of 27

16 Part of Lot 19, Concession 5, (Lot 31, Registered Plan o. 65M-2588, municipally known as 601 & 607 Chrislea Road, Woodbridge). PROPOSAL The subject lands are zoned EM1, under By-Law 1-88 as amended. The purpose of this application is to request a variance to permit the construction of a second floor addition to an existing two storey industrial building (Building B ) notwithstanding, the number of parking spaces to be provided will be 201, rather than the By-law requires the number of parking spaces to be 224. Wes Surdyka, appeared as the agent, and had nothing to add to 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. 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 K. Connell Seconded by T. De Cicco THAT Application No: A16/ ONTARIO LIMITED, be APPROVED, in accordance with the sketch attached. THIS MINOR VARIANCE DECISION IS NOT A BUILDING PERMIT AUTHORIZING CONSTRUCTION UNDER THE BUILDING CODE ACT, R.S.O. 1990, AS AMENDED. A BUILDING PERMIT MAY BE REQUIRED. PLEASE CONTACT THE BUILDING STANDARDS DEPARTMENT IN THE EVENT THAT YOU REQUIRE FURTHER CLARIFICATION. L. Fluxgold left the Council Chambers again and was not present for voting on Application Nos. A17/03 & A18/ FILE NO: A17/03 ANDREA GALUFFO Part of Lot 6, Concession 6, (Lot 9, Registered Plan No. 65M-2344, municipally known as 37 Whitetail Court, Woodbridge). PROPOSAL The subject lands are zoned R3, Residential, subject to the provisions of Exception Number 9(476) under By-law 1-88 as amended. The applicant is requesting variances to permit the maintenance of a rear yard garden shed, notwithstanding, the minimum side yard setback is 0.6 metres, rather than the By-law required the side yard setback to be 1.2 metres; the minimum rear yard setback is 0.6 metres, rather than the By-law requires the rear yard setback be 7.5 metres; and the maximum building height is 3.2 metres, rather than the By-law requires the maximum building height to be 2.5 metres. Also, the applicant is requesting a variance to permit the maintenance of a solarium, attached to the rear of an existing two storey single family dwelling, notwithstanding, the minimum rear yard setback is 4.6 metres, rather than the By-law requires the minimum rear yard setback to be 7.5 metres. A fax was received January 14, 2003 from Martin Carriero, 132 Torii Street, Woodbridge, Ontario, L4L 5L5 in opposition to the application. Photos were later received by way of an , as an attachment to the original fax. The Community Planning Department sent the following comments: Page 16 of 27

17 The Community Planning Department supports the requested rear yard setback for the solarium; however, do not support the requested variances for the garden shed of Variance Application A17/03. On June 10, 2002, Council passed By-law setting new standards for garden or storage sheds. Given the lot frontage of the subject lands, the By-law permits a maximum floor area of a garden shed to be 8.0 sq. metres. The applicant s shed exceeds the new by-law standard, therefore, the yard setbacks of the dwelling has been applied to the garden shed. The Community Planning Department does not support the requested variances of Variance Application A17/03 for a garden shed given the recent new standards contained in By-law Sal Galuffo, the owner, appeared and submitted photos. He stated that his neighbours at 150 Torii Street supported his application but that 132 Torii Street did not. He said he did not understand why as the shed was at least 130 feet away and that he had not received any complaints when the old sheds were there in the same location for approximately 17 years. Dorianna Simone, 122 Torii Street, Woodbridge, Ontario, L4L 5L5, appeared stating although she had no objection to the solarium, she did feel the new shed was too large. The Committee asked Mr. Galuffo if screening was possible. Mr. Galuffo then showed his photos to the Committee showing extensive landscaping and mature trees all across the rear yard. 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. 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 K. Connell THAT Application No. A17/03 ANDREA GALUFFO, be APPROVED, in accordance with the sketch attached. THIS MINOR VARIANCE DECISION IS NOT A BUILDING PERMIT AUTHORIZING CONSTRUCTION UNDER THE BUILDING CODE ACT, R.S.O. 1990, AS AMENDED. A BUILDING PERMIT MAY BE REQUIRED. PLEASE CONTACT THE BUILDING STANDARDS DEPARTMENT IN THE EVENT THAT YOU REQUIRE FURTHER CLARIFICATION. 15. FILE NO: A18/ ONTARIO LIMITED Part of Lot 10, Concession 4, (Part of Block 5 and all of Block 6, Registered Plan No. 65M-2696, municipally known as 2821 Langstaff Road, Concord). PROPOSAL The subject lands are zoned EM1 Prestige Employment Area, under By-law 1-88, as amended. The purpose of this application is to request a variance to permit the construction of a 1858 square metre addition to an existing industrial building located on-site, notwithstanding, there will be 161 parking spaces, rather than the By-law requires a total of 171 spaces are required. Bill Blackburn, appeared as the agent, and had nothing to add to the request. There was no one in attendance either in support of or in opposition to the request. Page 17 of 27

18 There were no objections from any Departments or Agencies. 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. Seconded by K. Connell THAT Application No. A18/ ONTARIO LTD., be APPROVED, in accordance with the sketch attached. THIS MINOR VARIANCE DECISION IS NOT A BUILDING PERMIT AUTHORIZING CONSTRUCTION UNDER THE BUILDING CODE ACT, R.S.O. 1990, AS AMENDED. A BUILDING PERMIT MAY BE REQUIRED. PLEASE CONTACT THE BUILDING STANDARDS DEPARTMENT IN THE EVENT THAT YOU REQUIRE FURTHER CLARIFICATION. 16. FILE NO: FRANK & CONCETTA CONTE Part of Lot 19, Concession 4, (Lot 143, Registered Plan No. 65M-2703, municipally known as 14 Lancer Drive, Maple). PROPOSAL The subject lands are zoned R1V, Old Village Residential, under By-law 1-88 as amended. The purpose of this application is to request a variance to permit the construction of a one storey single family detached dwelling with a loft (second floor), with attached garage, notwithstanding, the maximum lot coverage will be 29%, rather than the By-law requires maximum lot coverage of 20%. The Community Planning Department sent the following comments: This department does not support the request for 29% lot coverage. The Community Planning Department has not supported more than 23.0% lot coverage for the R1V Old Village Residential Zone in this general area. It is this department opinion that the proposed variance does not meet the intent of the By-law. A petition of objection was brought in and signed by the following residents: DAVID ROSS & JEAN GEDDES 30 GOSLING AVE., L6A 1S3 JOAN & AL SAUNDERS 28 GOSLING AVE., L6A 1E2 RUTH MOORHEAD 25 LANCER DR., L6A 1E1 EVA & BILL WATSON 23 LANCER DR., L6A 1E1 Page 18 of 27