The Minutes of the 12th Meeting of the Vaughan Committee of Adjustment for the year 2002 THURSDAY, JUNE 20, :00p.m.

Transcription

1 The Minutes of the 12th Meeting of the Vaughan Committee of Adjustment for the year 2002 THURSDAY, JUNE 20, 2002 Present at the meeting were: 6:00p.m. T. DeCicco L. Fluxgold K. Connell S. Perrella Members of Staff present: Dianne E.L. Grout, Secretary-Treasurer Lenore Providence, Assistant to the Secretary-Treasurer Armine Hassakourians, Planner Margaret Sitarz, Plans Examiner INTRODUCTION OF ADDENDUM REPORTS Seconded by K. Connell That the addendum reports be incorporated into the minutes and be on view at the back of the room in the Report Book. CARRIED DISCLOSURE OF PECUNIARY INTEREST T. DeCicco declared a conflict of interest with respect to Item #43, File No. A226/02, ROSANNE FIORE, as he has interest in lands across the street. ADOPTION OR CORRECTION OF MINUTES Seconded by K. Connell THAT the minutes of the Committee of Adjustment Meeting of Wednesday, June 5, 2002, be adopted as circulated. CARRIED ADJOURNMENTS AND/OR DEFERRALS It was put forth by the Committee of Adjustment to adjourn the following applications SINE DIE : Item # 6, DAVID WILKES, File No. A101/02, Item # 7, ROBERT AND MARIA MORDINI, File No. A168/02, Item # 34 to 37, MAPLEWOOD VILLAGES LIMITED., File Nos. A217/02 TO A220/02, as they fall within the Oakridge Moraine. Seconded by K. Connell THAT Item # 6, DAVID WILKES, File No. A101/02, Item # 7, ROBERT AND MARIA MORDINI, File No. A168/02, Item # s 34 to 37, MAPLEWOOD VILLAGES LIMITED., File Nos. A217/02 TO A220/02,, BE ADJOURNED SINE DIE. CARRIED It was also put forth by the Committee of Adjustment to adjourn the following applications SINE DIE : Item # s 17 to 22, BILL BARBER, File No. B37/02 to B39/02 and A209/02 to A211/02. It was brought to the Committee s attention that File No. A209/02 required amendment. Page 1 of 21

2 ADJOURNMENTS AND/OR DEFERRALS Seconded by K. Connell THAT Item # s 17 to 22, BILL BARBER, File No. B37/02 to B39/02 and A209/02 to A211/02 BE ADJOURNED SINE DIE. CARRIED ADMINISTRATIVE CORRECTIONS NONE. MINOR VARIANCE PUBLIC HEARING (PREVIOUSLY ADJOURNED JUNE 6/02): 1. FILE NO.: A177/02 THE CORPORATION OF THE CITY OF VAUGHAN Part of Lot 31, Concession 1, (municipally known as 26 Old Yonge Street). The subject lands are zoned OS2, Open Space Park and subject to the provisions of By-law 1-88 as amended. PRIOR to the applicant s submission, the agent amended the Application, Notice of Application and Sketch as follows: minimum front yard setback will be 10.0m NOT 7.2m THEREFORE the purpose of the application is to request a variance to permit the construction of a proposed one storey clubhouse for the Thornhill Tennis Club, notwithstanding, the minimum front yard setback will be 10.0m, rather than the By-law requires the minimum front yard setback to be 15.0m. Nino Rico, the agent, appeared and told the Committee that upon consultation with the applicant and a meeting with the neighbours he had amended his application to reflect a 10.0m setback. A fax was received from Nino Ricco, the agent, on June 18, 2002, requesting that the variance be amended to 10.0m instead of 7.2m. There were no new letters submitted either in support of or in opposition 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 L. Fluxgold THAT Application No. A177/02, THE CORPORATION OF THE CITY OF VAUGHAN be APPROVED as amended. Page 2 of 21

3 CONSENT AND MINOR VARIANCE PUBLIC HEARINGS: 2. FILE NOS.: B33/03, B34/02, A228/02 AND A229/02 to ONTARIO LIMITED 5. Part of Lot 12, Concession 3, (Registered Plan No. 65M-2621, municipally known as 51 Ritin Lane, Concord. B33/02 - the purpose of this application is to request the consent of the Committee of Adjustment to convey a parcel of land for the creation of a new lot, together with all required easements and right of ways, for industrial purposes, and retain lands for industrial purposes. B34/02 the purpose of this application is to request the consent of the Committee of Adjustment for a partial discharge of Mortgage or Cessation of Charge on the subject land for industrial purposes, and retain lands for industrial purposes. A228/02 & A229/02 - The applicant is requesting variances to facilitate the severance of the subject and retained lands for the construction of a mutual driveway between the adjacent parcels of land proposed to be severed, notwithstanding, driveways, aisles and areas will be provided on the adjacent lot, rather than the By-law requires driveways, aisles and areas to be maintained on site. The subject lands are currently vacant and a one storey building is proposed. The retained land has an existing two storey building. The subject lands are zoned EM2 General Employment Area Zone under By-law 1-88 as amended. Mr. Sil Bordignon, the agent, appeared on behalf of the applicant and gave a brief submission regarding the request. There was no one in attendance either in support of or in opposition to the request. There were no objections from any Departments or Agencies and any conditions of approval are listed below. Seconded by S. Perrella THAT Application No. B33/ ONTARIO LTD., be APPROVED, 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. Payment to the City of Vaughan of a Tree Fee if required, approved by Council as of the date of granting the consent. Payment is to be made by certified cheque, to the satisfaction of the Finance Department and Parks Department; 2. That the owner shall pay all taxes as levied, if required, to the satisfaction of the Finance Department; (contact Terri Liuni in the Finance Department to have this condition cleared). Page 3 of 21

4 CONSENT AND MINOR VARIANCE PUBLIC HEARINGS: 2. FILE NOS.: B33/03, B34/02, A228/02 AND A229/02 to ONTARIO LIMITED The applicant shall provide the City of Vaughan with an appraisal report and valuation of the subject land (land only) to be prepared by an accredited appraiser, if required. Payment of a Parkland levy to the City in lieu of the deeding of land for park purposes shall be made if a new lot is being created. Said levy is to be 2% of the appraised market value of the subject land as of the date of the Committee of Adjustment giving notice to the Applicant of the herein decision. Said levy shall be approved by the Manager of Real Estate. Payment shall be made by certified cheque only; 4. That the minor variances A228/02, A229/02, be approved for the relief of driveway, aisles and areas to be provided on the adjacent lot, if required, to the satisfaction of the Building Standards Department; 5. That the corresponding Consent and Minor variance applications, File Nos. B34/02, A228/02, A229/02, ONTARIO LTD., be approved and be if full force and effect; 6. Prior to the transfer ownership of the severed parcel, new municipal service connections are to be constructed to the parcel to be retained (51 Ritin Lane), at the owners cost, if required, to the satisfaction of the Engineering Department; 7. The approved Site Plan for the parcel to be retained (51 Ritin Lane) will have to be amended to illustrate the revised servicing of the site and any additional revisions required to accommodate the proposed severance (including but not limited to Stormwater Management), if required, to the satisfaction of the Engineering Department; 8. The owner shall register the proposed right-of way for the mutual driveway on title, prior to the development of the severed parcel, if required, to the satisfaction of the Engineering Department; 9. 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; 10. 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 from the Applicant s solicitor confirming the legal description of the subject lands, sufficient for registration purposes. 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. 11. 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; 12. Prior to the issuance of a building permit, if required, the applicant shall fulfil and comply with all of the above noted consent conditions; Page 4 of 21

5 CONSENT AND MINOR VARIANCE PUBLIC HEARINGS: 2. FILE NOS.: B33/03, B34/02, A228/02 AND A229/02 to ONTARIO LIMITED 5. 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; Seconded by S. Perrella THAT Application No. B34/ ONTARIO LTD., be APPROVED, 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 Finance Department; (contact Terri Liuni in the Finance Department to have this condition cleared). 2. That the corresponding Consent and Minor Variance Applications, File Nos. B33/02, A228/02, A229/02, ONTARIO LTD., be approved and be if full force and effect; 3. Prior to the transfer ownership of the severed parcel, new municipal service connections are to be constructed to the parcel to be retained (51 Ritin Lane), at the owners cost, if required, to the satisfaction of the Engineering Department; Page 5 of 21

6 CONSENT AND MINOR VARIANCE PUBLIC HEARINGS: 2. FILE NOS.: B33/03, B34/02, A228/02 AND A229/02 to ONTARIO LIMITED The approved Site Plan for the parcel to be retained (51 Ritin Lane) will have to be amended to illustrate the revised servicing of the site and any additional revisions required to accommodate the proposed severance 9including but not limited to Stormwater Management), if required, to the satisfaction of the Engineering Department; 5. The owner shall register the proposed right-of way for the mutual driveway on title, prior to the development of the severed parcel, if required, to the satisfaction of the Engineering Department; 6. 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; 7. 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; 8. 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 from the Applicant s solicitor confirming the legal description of the subject lands, sufficient for registration purposes. 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. 9. 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; 10. Prior to the issuance of a building permit, if required, the applicant shall fulfil and comply with all of the above noted consent conditions; 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 S. Perrella THAT Application Nos. A228/02, A229/ ONTARIO LTD., be APPROVED, subject to the following conditions: 1. That Consent Application B33/ ONTARIO LTD., be approved, if required, to the satisfaction of the Building Standards Department 2. That the corresponding Consent Applications, File Nos. B33/02, B34/02, ONTARIO LTD., be approved and be if full force and effect; Page 6 of 21

7 CONSENT AND MINOR VARIANCE PUBLIC HEARINGS: 2. FILE NOS.: B33/03, B34/02, A228/02 AND A229/02 to ONTARIO LIMITED That if the conditions listed above are not fulfilled within (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. 5. FILE NO.: B35/02, B36/02, A207/02 AND A208/02 to ACUMEN INVESTMENTS LTD. 8. Part of Lot 4, Concession 6, (Lot 4 & 5, Registered Plan No. 65M-2643, municipally known as 132 & 120 Sharer Road, Woodbridge.) B35/02 - the purpose of this application is to request the consent of the Committee of Adjustment to convey a parcel of land for a right-of-way in favour of the lands to the East (Lot 5, 65M-2643), for industrial purposes, and retain lands for industrial purposes. B36/02 the purpose of this application is to request the consent of the Committee of Adjustment to convey a parcel of land for a right-of-way in favour of the lands to the West (Lot 4, 65M-2643), for industrial purposes and retain lands for industrial purposes. A207/02 AND A208/02 - The applicant is requesting variances to facilitate the severance of the subject and retained lands for the driveways along the property line, notwithstanding, the minimum driveway aisle width is 3.0m, rather than the By-law requires minimum driveway aisle width of 6.0m. The subject and retained lands are currently vacant. The subject and lands are zoned EM2 General Employment Area Zone under By-law 1-88 as amended. Ivano Manias, the agent, appeared and gave a brief submission in regard 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 and any conditions requested are listed below. Seconded by S. Perrella THAT Application Nos. B35/02, B36/02 ACUMEN INVESTMENTS LTD., be APPROVED, 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 Finance Department; (contact Terri Liuni in the Finance Department to have this condition cleared). Page 7 of 21

8 CONSENT AND MINOR VARIANCE PUBLIC HEARINGS: 5. FILE NO.: B35/02, B36/02, A207/02 AND A208/02 to ACUMEN INVESTMENTS LTD That Minor Variance Applications File Nos. A207/02, A208/02, - ACUMEN INVESTMENTS LTD., be approved, if required, to the satisfaction of the Building Standards Department; 3. That the corresponding Minor Variance Applications File Nos. A207/02, A208/02 ACUMEN INVESTMENT LTD., be approved and be in full force and effect; 4. This consent is given on the express understanding that Subsection 3 or Subsection 5 of Section 50 of the Planning Act shall apply to any subsequent conveyance in respect to the subject lands; 5. That the applicant provide to the Secretary Treasurer a letter of undertaking, stating that the lands in question are in favour of or taken into the title of the lands to the East (B35/02) and West (B36/02) 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, the Secretary- Treasurer of the Committee of Adjustment must be provided with a letter from the Applicant s solicitor confirming the legal description of the subject lands, sufficient for registration purposes. 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. 8. 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; 9. Prior to the issuance of a building permit, if required, the applicant shall fulfil and comply with all of the above noted consent conditions; 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 S. Perrella THAT Application Nos. A207/02, A208/02 ACUMEN INVESTMENTS LTD., be APPROVED, subject to the following conditions: 1. That Consent Application FILE NOS. B35/02 & B36/02 ACUMEN INVESTMENTS LTD., be approved, if required, to the satisfaction of the Building Standards Department; Page 8 of 21

9 CONSENT AND MINOR VARIANCE PUBLIC HEARINGS: 5. FILE NO.: B35/02, B36/02, A207/02 AND A208/02 to ACUMEN INVESTMENTS LTD That the corresponding Consent Applications FILE NOS: B35/02, B36/02 - ACUMEN INVESTMENTS LTD., be approved and be in full force and effect; 3. That if the conditions listed above are not fulfilled within (12) months of the date this decision becomes final and binding, the said decision shall expire and shall be deemed to have been annulled and rescinded by the Committee. CARRIED 9. FILE NOS.: A181/02 TO A186/02 to RULAND PROPERTIES INC. 14. Part of Lot 14, Concession 3, (Lots 16, 13, 14, 15, 17, Registered Plan No. 65M-3510, municipally known as 59, 45,49,55, 63 Westway Crescent, all respectively; and Block 207/Block 183, Registered Plan Nos. 65M-3510 & 65M-3365, municipally known as 67 Westway Crescent). S The subject lands are zoned RV4 Residential Urban Village Zone Four and subject to the provisions of Exception Number 9(1039) under By-law 1-88 as amended. The applicant is requesting a variance to permit the construction of a single attached dwelling (per lot), notwithstanding; A181/02, A183/02 & A186/02 - the required rear yard setback will be 7.0 metres, rather than the By-law requires the required rear yard setback abutting an OS1 Open Space Conservation Zone for all buildings and structures shall be 10.0 metres. A182/02, A184/02 & A185/02 - the required rear yard setback will be 6.0 metres, rather than the By-law requires the required rear yard setback abutting an OS1 Open Space Conservation Zone for all buildings and structures shall be 10.0 metres. Randy Peddigrew, the agent, appeared and gave a brief submission regarding the request. There was no one in attendance either in support of or in opposition to the request. There were no objections from any Departments or Agencies and any conditions requested are listed below. The Committee is of the opinion that the variances sought can be considered minor and are desirable for the appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will be maintained. Seconded by S. Perrella Page 9 of 21

10 9. FILE NOS.: A181/02 TO A186/02 to RULAND PROPERTIES INC. 14. THAT Application Nos. A181/02 to A186/02 RULAND PROPERTIES INC., be APPROVED, subject to the following conditions: 1. That the applicant prepare an appropriate compensation plan to the satisfaction of TRCA for enhanced environmental improvements to the adjacent Open Space Block and/or a current restoration/enhancement project, which shall encompass an area in size equal to or greater than the total encroachment area required for the expansion of the buildings envelopes, including decks if required, to the satisfaction of the Toronto Region Conservation Authority; 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. 15. FILE NOS.: A212/02 TO A216/02 to ONTARIO INC. (DOMENIC BATTAGLIA) 19. Part of Lot 25, Concession 4, (Lots 1 to 5, Draft Plan of Subdivision 19T-00V01, located on Queensberry Cres., Maple.) During the Applicant s submission, it was agreed to amend the Application, Sketch and Notice of Application for A212/02 Lot 1 to read as follows: minimum exterior side yard setback will be 3.5m. NOT minimum exterior side yard setback will be 2.4m A212/02 - THEREFORE, the applicant is requesting variances to permit the construction of a two storey single family detached dwelling with a bay window (on footings), and attached garage, notwithstanding, the minimum rear yard setback will be 8.3m, minimum exterior side yard setback will be 3.5m, rather than the by-law requires minimum rear yard setback of 9.0m, minimum exterior side yard setback of 4.5m. A213/02 to A216/02 the applicant is requesting variances to permit the construction of two storey single family detached dwellings with bay windows (on footings), and attached garages, notwithstanding, the minimum rear yard setbacks will be 8.3m, rather than the by-law requires minimum rear yard setbacks of 9.0m. The subject lands are zoned R4, Residential, subject to the provisions of Exception Number 9(113) under By-law 1-88 as amended. Vince Baffa, the agent, appeared and gave the Committee a brief submission regarding the request with the aid of elevation drawings and renderings of the proposed dwellings. Mr. Baffa confirmed that the bay windows were on brick and stone footings. Sharon Creasor, Cassidy and Co. 60 Randall Drive, Suite 11, Ajax, Ontario, L1S 6L3, the architect, spoke in regards of the continuity with using bricks and stones with respect to the the rest of the house. Page 10 of 21

11 15. FILE NOS.: A212/02 TO A216/02 to ONTARIO INC. (DOMENIC BATTAGLIA) 19. Stephen Longo, c/o Goodman and Carr LLP, 200 King Street West, Suite 2300, Toronto, Ontario, M5H 3W5, appeared in opposition, on behalf of Elaine and David Gibson, owners of 2 Cooper Creek Court. One of their concerns related to contravening the sprit and intent of the recently enacted zoning by-law. The Committee suggested that the application be stood down to allow Mr. Baffa to meet with Mr. Longo to discuss the application. MOVED by L:. Fluxgold Seconded by S. Perrella THAT Application No. A212/02 to A216/ ONTARIO INC. (DOMENIC BATTAGLIA, be STOOD DOWN, to the end of the agenda: 20. FILE NO.: A221/02 WAYNE AND NAVA SILVER Part of Lot 29, Concession 1, (Lot 34, Registered Plan M2005, municipally known as 30 Tanjo Court, Thornhill). The subject lands are zoned "R3" Residential and subject to the provisions of Exception Number 9(471) under By-Law 1-88 as amended. The applicants are requesting variances to permit the maintenance of an existing in ground swimming pool and the continued construction of a cabana, notwithstanding, the private swimming pool and cabana are located in the interior side yard, rather than the By-law requires a private swimming pool shall be constructed only in the rear yard and that any accessory building or structure (cabana) shall be located in the rear yard. Nava Silver, the applicant, appeared and gave a brief submission regarding the request. She told the Committee that there were mature trees buffering the cabana from view at the front of the house. A petition in support of the application was received with the following names: Ian Graham, 23 Tanjo Court,, L4J 3B4; Marilyn Braude, 26 Tanjo Court,, L4J 3B4; M. Yacowar 24 Tanjo Court,, L4J 3B4; Frances Kroft, 20 Tanjo Court,, L4J 3B4; May Constantine, 36 Tanjo Court,, L4J 3B4; Fern Diamond-Cooper, 35 Tanjo Court, Thornhill, Ontario, L4J 3B4; Elaynne Rodness, 44 Tanjo Court,, L4J 3B4; Rhonda Lamport, 58 Tanjo Court,, L4J 3B4; Risa Grossman, 60 Tanjo Court,, L4J 3B4; Wendy Litwin, 29 Tanjo Court,, L4J 3B4. There was no one in attendance either in support of or in opposition to the request. Page 11 of 21

12 20. FILE NO.: A221/02 WAYNE AND NAVA SILVER The Planning Department made the following written comments: The applicant has applied for variances to permit the maintenance of an existing in-ground swimming pool located in the interior side yard of a residential lot and the continued construction of an accessory building in the interior side yard. Due to the configuration of the lot. the Community Planning Department is of the opinion that the location of the inground swimming pool can be supported. The Community Planning Department does not however support the location of the cabana or any accessory building located in the side yards. The Community Planning Department has no objections to Application A221/02 respecting the location of the in-ground swimming pool but does not support the location of the cabana. There were no other objections from any Departments or Agencies and any conditions requested are listed below. The Committee is of the opinion that the variances sought can be considered minor and are desirable for the appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will be maintained. Seconded by K. Connell THAT Application No. A221/02 WAYNE & NAVA SILVER, be APPROVED, subject to the following conditions: 1. That a building permit be applied for, if required, 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. 21. FILE NOS.: A222/02 AND A223/02 & TAMMY HERZOG 22. Part of Lot 6, Concession 2, (Part of Lot 44, Registered Plan 3541, municipally known as 91 King High Drive). By-law 1-88 zones the subject lands "R3" Residential and subject to the provisions of Exception Number 9(641) under By-Law 1-88 as amended. The applicant is requesting variances to permit the construction of two proposed two-storey single family detached dwellings each having an attached garage, notwithstanding, the minimum interior side yard setback will be 0.9 metres to the chimney breast of each dwelling, rather than the By-law requires the minimum interior side yard setback to be 1.2 metres. Sammy Herzog, the agent, appeared on behalf of the applicant and gave a brief submission regarding the request. There was no one else in attendance either in support of or in opposition to the request. Page 12 of 21

13 21. FILE NOS.: A222/02 AND A223/02 & TAMMY HERZOG 22. There were no objections from any Departments or Agencies and any conditions of approval are listed below. The Committee is of the opinion that the variances sought can be considered minor and are desirable for the appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will be maintained. Seconded by K. Connell THAT Application Nos: A222/02 & A223/02 TAMMY HERZOG, be APPROVED, subject to the following conditions: 1. That a Building Permit be applied for, if required, to the satisfaction of the Building Standards Department. 2. That Consent Application B13/02 be approved and in full force and effect, if required, to the satisfaction of the Building Standards Department 3. That if the conditions listed above are not fulfilled within twelve (12) months of the date this decision becomes final and binding, the said decision shall expire and shall be deemed to have been annulled and rescinded by the Committee. 23. FILE NO: VAL SEREBRYANNY Part of Lot 5, Concession 2 (Lot 123, Registered Plan 65M-2218, municipally known as 16 Keefer Court). The subject lands are zoned R4, Residential and subject to the provisions of Exception Number 9(482) under By-Law 1-88 as amended. The applicant is requesting a variance to permit the construction of a proposed unheated sunroom (rear addition) to an existing two-storey single family detached dwelling with the garage attached, notwithstanding, the minimum rear yard setback will be 3.66m, rather than the By-law requires the minimum rear yard setback to be 7.5m Mark Puroy of Lifestyle Sunrooms, 239 station Street, Ajax, Ontario L1S 1S3, appeared as the agent, and requested time to review the staff reports. MOVED by K. Connell Seconded by L. Fluxgold THAT Application No: VAL SERENBRYANNY, be STOOD DOWN, to give the agent the opportunity to read the staff reports. CARRIED Page 13 of 21

14 15. FILE NOS.: A212/02 TO A216/02 to ONTARIO INC. (DOMENIC BATTAGLIA) 19. Mr. Baffa, returned to tell the Committee that he ll amend the variance to reflect a 3.5m side yard instead of 2.4m A letter of opposition was faxed from Mr. Longo office, on behalf of Mr. and Mrs. Gibson. There was no one in attendance either in support of or in opposition to the request. Planning Department made the following written comments: The site specific zoning by-law ( ) for the 9 lots within draft plan 19T-00V01 was approved by Council with provisions for 9.0m rear yard setbacks and 4.5m exterior side yard setbacks in order to maintain a consistent character and compatible development with abutting existing dwellings. These provisions were the combined result of the desire for consistent application of Maple Area standards, and to address the objections of adjacent residents who expressed concern with reduced rear yard setbacks within draft plan 19T- 00V01. It is the opinion of the Planning Department that these variances would not provide for a compatible interface with the existing adjacent lots, and therefore do not support the variance applications. There were no other objections from any Departments or Agencies and any conditions requested are listed below. The Committee is of the opinion that the variances sought AS AMENDED, can be considered minor and are desirable for the appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will be maintained. MOVED by S. Perrella Seconded by L:. Fluxgold THAT Application No. A212/ ONTARIO INC. (DOMENIC BATTAGLIA, be APPROVED as amended, subject to the following conditions: 1. That a building permit be issued, if required, to the satisfaction of the Building Standards Department; 2. The structure as shown on the attached sketch, forming part of this application, must be identical in size and location to documents submitted for the building permit application, if required, to the satisfaction of the Building Standards Department; 3. That if the conditions listed above are not fulfilled within (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. The Committee is of the opinion that the variances sought can be considered minor and are desirable for the appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will be maintained. MOVED by S. Perrella Seconded by L:. Fluxgold Page 14 of 21

15 15. FILE NOS.: A212/02 TO A216/02 to ONTARIO INC. (DOMENIC BATTAGLIA) 19. THAT Application Nos. A213/02, to A216/ ONTARIO INC. (DOMENIC BATTAGLIA, be APPROVED, subject to the following conditions: 1. That a building permit be issued, if required, to the satisfaction of the Building Standards Department; 2. The structure as shown on the attached sketch, forming part of this application, must be identical in size and location to documents submitted for the building permit application, if required, to the satisfaction of the Building Standards Department; 3. That if the conditions listed above are not fulfilled within (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. 24. FILE NO: A225/02 LEONARDO AND BETTY TIRONE Part of Lot 24, Concession 5 (Lot 22R, Registered Plan 65M-3268, municipally known as 12 MADEIRA AVENUE). The subject lands are zoned RV4(WS), Residential Urban Village Zone Four, under Bylaw 1-88 as amended. The applicant is requesting variances to permit the maintenance of a existing deck, notwithstanding, the minimum rear yard and interior side yard setbacks to the deck both are 0.06m, rather than the By-law requires the minimum rear yard setback to be 4.2m and the interior side yard setbacks to be 1.2m. Both Betty and Leonardo Tirone, the applicants, appeared on their own behalf and gave a brief submission regarding the request. Betty Tirone, explained that drainage is a problem with the area and this deck enables them to enjoy use of their backyard. The Committee concurred with the Planning Department s comments and suggested the applicant s adjourn the application and meet with the Planning Department to discuss how the deck can be reduced. Letters of support were submitted with the application from the following people: Joeven Tonogbanua 10 Madeira Avenue Maple, Ontario L6A 2Y4 A225/02 Sadiq Adatia 250 Equator Cres Maple, Ontario L6A 2X9 A225/02 Nancy Munro 252 Equator Cres Maple, Ontario L6A 2X9 A225/02 Catia Fregonese 2 Madeira Avenue Maple, Ontario L6A 2Y4 A225/02 Diane Samek 4 Madeira Avenue Maple, Ontario L6A 2Y4 A225/02 Damian Manfre 16 Madeira Avenue Maple, Ontario L6A 2Y4 A225/02 Page 15 of 21

16 24. FILE NO: A225/02 LEONARDO AND BETTY TIRONE There was no one else in attendance either in support of or in opposition to the request. The Planning Department made the following written comments: The Community Planning Department is of the opinion that the proposed variance is not minor in nature. The requested variances represent over a 99% reduction to the required setbacks, and are not considered appropriate development of the land. This department does not support Variance Application A225/02. There were no other objections from any Departments or Agencies. MOVED by S. Perrella Seconded by K. Connell THAT Application No. A225/02 LEONARDO AND BETTY TIRONE, be ADJOURNED TO AUGUST 29, 2002, to allow the applicant the opportunity to discuss the reduction of the deck with the Planning Department. It should be noted that T. DeCicco left the Council Chambers at this time and did not take part in the discussion nor voted on the following matter. L. Fluxgold became Acting Chair for this item. 25. FILE NO.: A226/02 ROSANNE FIORE Part of Lot 27, Concession 9, (Lot 25, Registered Plan No. 65M-2928, municipally known as 87 Old Humber Cres., Kleinburg). The subject lands are zoned RR, Rural Residential, under By-law 1-88 as amended, subject to Exception 9(741). The applicant is requesting a variance to permit the construction of a two storey single family detached dwelling, with attached garage, notwithstanding, the maximum lot coverage will be 11.4%, rather than the By-law requires maximum lot coverage of 10.0%. Alfred Cassiani, the agent, appeared and gave a brief submission in regard to the request. A petition of support was submitted to the office from the following people: Rita Marcolini, 71 Old Humber Cres., Kleinburg, Ontario, L0J 1C0; Jimmy Sciacca, 100 Old Humber Cres., Kleinburg, Ontario, L0J 1C0; Marcella D Amico, 113 Old Humber Cres., Kleinburg, Ontario, L0J 1C0. There was no one in attendance either in support of or in opposition to the request. There were no objections from any Departments or Agencies and any conditions requested are listed below. The Committee is of the opinion that the variance sought can be considered minor and is desirable for the appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will be maintained. Page 16 of 21

17 25. FILE NO.: A226/02 ROSANNE FIORE MOVED by K. Connell Seconded by S. Perrella THAT Application No. A226/02 ROSANNE FIORE, be APPROVED, subject to the following conditions: 1. That a building permit be issued for the proposed structure, if required, to the satisfaction of the Building Standards Department; 2. The structure as shown on the attached sketch, forming part of this application, must be identical in size and location to documents submitted for the building permit application, if required, to the satisfaction of the Building Standards Department; 3. That if the conditions listed above are not fulfilled within (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. It should be noted that T. DeCicco returned to the Council Chambers and resumed his position as Vice Chair. 26. FILE NO.: A227/02 ALTERRA-FINER SPACE LTD. Part of Lot 1, Concession 2 (former municipal address 1500 Steeles Avenue West). The subject lands are zoned RA3 (H), Apartment Residential and subject to the provisions of Exception Number 9(545) under By-Law 1-88 as amended. The applicant is requesting variances to permit the construction of a proposed eight-storey, 150 unit residential condominium apartment building, notwithstanding, there will be a revision of building envelope A as shown on Draft Revised Schedule 1, rather than The building envelope A as shown on Schedule 1 forming part of the Board order # Also the minimum parking requirement will be 1.35 parking spaces per dwelling. (1.15 parking spaces per unit plus 0.2 visitor parking spaces per unit), rather than the By-law requires a minimum parking requirement of 1.5 parking spaces per dwelling unit (1.3 parking spaces per unit plus 0.2 visitor parking spaces per unit). Vince Cornacchia, the agent, appeared on behalf of the applicant. The Committee asked for clarification regarding the Ontario Municipal Boards decision. Mr. Cornacchia, explained that the lands have changed ownership since the Boards decision and the new owner had altered the original design of the building, which resulted in this application. 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 not be considered minor and is not desirable for the appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will not be maintained. Page 17 of 21

18 26. FILE NO.: A227/02 ALTERRA-FINER SPACE LTD. MOVED by K. Connell Seconded by L. Fluxgold THAT Application No: A227/02 ALTERRA-FINER SPACES LIMITED, be REFUSED. 27. FILE NO.: A230/02 TONY SANGIULIANO Part of Lot 18, Concession 4, (Lot 58, Registered Plan No. 65M-2662, municipally known as 116 Arisaig Dr., Maple). The subject lands are zoned R3, Residential and subject to the provisions of Exception Number 9(495) under by-law 1-88 as amended. The applicant is requesting a variance to permit the construction of a sunroom addition to a two storey single family detached dwelling, with attached garage, notwithstanding, the minimum rear yard setback will be 7.11m. minimum interior side yard setback will be 1.17m., rather than the By-law requires minimum rear yard setback of 9.0m, minimum interior side yard setback of 1.20m Tony Sangiuliano, appeared on his own behalf. There was no one in attendance either in support of or in opposition to the request. There were no objections from any Departments or Agencies and any condition requested are listed below. The Committee is of the opinion that the variance sought can be considered minor and is desirable for the appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will be maintained. MOVED by S. Perrella Seconded by K. Connell THAT Application No. A230/02 TONY SANGIULIANO, be APPROVED, subject to the following conditions: 1. That a building permit be applied for, if required, to the satisfaction of the Building Standards Department; 2. That if the condition listed above is not fulfilled within (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. Page 18 of 21

19 28. FILE NO.: A232/02 LINDA FRANCESCA HOLT Part of Lot 19, Concession 4, (Part of Lot 57, Registered Plan 5590, Municipally known as 56 Netherford Road). The subject lands are zoned R1V, Old Village Residential under the provisions of Bylaw 1-88 as amended. The applicant is requesting a variance to permit the construction of a proposed single car garage and a proposed one and a half storey (side split) addition to the rear of an existing single family detached side split dwelling with no garage, notwithstanding, the minimum interior side yard setback will be 0.61m, rather than the By-law requires the minimum interior side yard setback to be 1.5m. There was no one in attendance to represent the application. Ralph D Angelo, 53 Netherford Road, Maple, Ontario, L6A 1C8, appeared in opposition to the request. 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 not be considered minor and is not desirable for the appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will not be maintained. MOVED by S. Perrella Seconded by L. Fluxgold THAT Application No: A232/02 LINDA FRANCESCA HOLT, be REFUSED. 29. FILE NOS.: A233/03 TO A238/02, A240/02 TO A259/02 & A261/02 to MAJORWEST DEVELOPMENTS CORP. (KINDWIN MARKHAM LTD.) 46. Part of Lot 20, Concession 5, (Lot 3, 5, 6, 10, 12, 14, 18-21, 23, 24, 27-29, 95, 96, 98, Registered Plan 65M-3560, municipally known as 530, 538, 542, 566, 574, 582, 579, 575, 571, 567, 559, 555, 545, 541, 537, 507, 503, 497,VELLORE WOODS BLVD., AND Lots 37, 39, 41, 43, 86, 88, 90, 92, 94, municipally known as 18, 26, 34, 42, 43, 37, 29, 21, 11, GRAPEVINE DRIVE, MAPLE). The subject lands are zoned RV4 (WS) Residential Urban Village Four Zone subject to the provisions of Exception Number 9(1019) under By-law-1-88 as amended. The applicant is requesting variances to permit the construction of two storey single family detached dwellings one on each lot, with attached garages, having a single-man door and stairs on the side of the bay window, notwithstanding, the nature of the proposed variances, the proposed changes to the existing By-law and the current By-law requirements are as follows: Page 19 of 21

20 29. FILE NOS.: A233/03 TO A238/02, A240/02 TO A259/02 & A261/02 to MAJORWEST DEVELOPMENTS CORP. (KINDWIN MARKHAM LTD.) 46. FILE NO. OF VARIANCES A233/02 Minimum rear yard setback A234/02 to A237/02 Minimum rear yard A240/02 to A248/02, setback A259/02 A238/02, A258/02, Minimum rear yard A261/02 setback A249/02 & A257/02 Minimum rear yard setback A250/02 to A256/02 Minimum rear yard setback PROPOSED CHANCES 5.80m m 5.5M BY-LAW REQUIREMENTS 6.0m 6.0m 6.0m 6.0m 6.0M Dominic Conforti, the agent, appeared on behalf of the applicant. 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 S. Perrella Seconded by L. Fluxgold THAT Application Nos. A233/02, to A238/02, A240/02 to A259/02 & A261/02 MAJORWEST DEVELOPMENT CORP. (KINDWIN MARKHAM), be APPROVED. 23. FILE NO: VAL SEREBRYANNY Mr. Puroy told the Committee he read to comments. Anthony Papania 12 Keefer Court,, L4J 5Y4, appeared in opposition to the request. Mr. Papania submitted a pettion in opposition to the request from the following people: Page 20 of 21

21 23. FILE NO: VAL SEREBRYANNY Anthony and Joanne Papania 12 Keefer court L4J 5Y4 Sam Lash 401 Brownridge Drive L4J 5Y3 Anthonio Bruzzle 389 Brownridge Drive L4J 5Y3 B. Fedrizzi 18 Keefer Court L4J 5Y4 S. CANIMKOBBIGI 2 Keefer court L4J 5Y4 Maxim Ivanov 405 Brownridge Drive L4J 5Y3 D. Lagrotta 180 Wade Gate L4J 5Y4 Josie Filice and Frank Filice 20 Keefer Court L4J 5Y4 Barbara Balilti 393 Brownridge Drive L4J 5Y3 Bruno Giampaolo 397 Brownridge Drive L4J 5Y3 Po Chu Tang 10 Keefer Court L4J 5Y4 There was no one else in attendance either in support of or in opposition to the request. The Planning Department made the following written comments: The applicant is requesting a variance to permit the construction of a sunroom at the rear of a single detached dwelling, notwithstanding the required rear yard setback is 7.5 m, and the proposed is 3.66 m. The Community Planning Department does not consider this variance to be minor in nature and therefore does not support Variance Application. There were no other objections from any Departments or Agencies. The Committee is of the opinion that the variance sought can not be considered minor and is not desirable for the appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will not be maintained. Seconded by S. Perrella THAT Application No: VAL SERENBRYANNY, be REFUSED. OTHER BUSINESS None. MOTION TO ADJOURN MOVED by S. Perrella Seconded by K. Connell THAT the meeting of Committee of Adjustment be adjourned at 7:15 p.m., and the next regular meeting will be held on JULY 18, Page 21 of 21