The Minutes of the 4 th Meeting of the VAUGHAN COMMITTEE OF ADJUSTMENT for the year 2008 THURSDAY, FEBRUARY 28, :00 p.m.

Transcription

1 The Minutes of the 4 th Meeting of the VAUGHAN COMMITTEE OF ADJUSTMENT for the year 2008 THURSDAY, FEBRUARY 28, 2008 Present at the meeting were: L. Fluxgold Vice Chair J. Cesario M. Panicali Members of Staff present: 6:00 p.m. Todd Coles, Secretary-Treasurer Cathy Moreland, Assistant to the Secretary-Treasurer Ryan Mino, Planner Frank Morea, Plans Examiner INTRODUCTION OF ADDENDUM REPORTS MOVED by M. Panicali 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 NONE ADOPTION OR CORRECTION OF MINUTES MOVED by J. Cesario Seconded by L. Fluxgold THAT the of the minutes of the Committee of Adjustment Meeting of Thursday, February 14, 2008, be adopted as circulated. CARRIED It should be noted that M. Panicali was not present at the February 14, 2008 meeting and therefore, did not take part in the adoption of the minutes. ADMINISTRATIVE CORRECTIONS ITEM NO. 12 FILE NO. A046/08 APPLICANT:SHANNON & MAGNA FLOOD Notice of Application should read: The applicants are requesting a variance to permit a rear yard addition/expansion to a two storey legal non-conforming single family detached dwelling, WITHOUT A GARAGE. NOT: The applicants are requesting a variance to permit a rear yard addition/expansion to a two storey legal non-conforming single family detached dwelling, WITH ATTACHED GARAGE. CARRIED Page 1 of 19

2 ADJOURNMENTS AND/OR DEFERRALS A verbal request was made by Shannon Flood, requesting that Item # 12, File No. A046/08 - SHANNON & MAGNA FLOOD, be ADJOURNED, to the APRIL 10, 2008 MEETING, with respect to the Toronto & Region Conservation Authority comments received earlier that day. MOVED by J. Cesario Seconded by M. Panicali That Item # 12, File No. A046/08 SHANNON & MAGNA FLOOD, be ADJOURNED, to the APRIL 10, 2008 MEETING. CARRIED ADMINISTRATIVE CORRECTIONS NONE MINOR VARIANCE PUBLIC HEARING; (Previously adjourned from the Jan. 25/07, Feb. 22/07 & Mar. 22/07 Meetings) 1. FILE NO.: A034/07 FILOMENA POMPILIO Part of Lot 7, Concession 7, (Lots 4 & 5, Plan No. M-546, municipally known as 69 Clarence Street, Woodbridge). PROPOSAL The subject lands are zoned R3, Residential under By-Law 1-88 as amended. The purpose of this application is to request variances to permit an addition/renovation to a 1 ½ storey single family detached dwelling, with attached garage, as follows: Proposal 1) A minimum front yard setback of m to the garage. 2) A minimum front yard setback of m. 3) A minimum setback of 1.43m to the site triangle. 4) A minimum exterior sideyard setback of 1.4m to the entrance stairs. 5) A minimum exterior sideyard setback of m. 6) A minimum rear yard setback of 4.57m. 7) A maximum lot coverage of 42%. By-Law Requirements: 1) A minimum front yard setback of 6.4m to the garage. 2) A minimum front yard setback of 4.5m. 3) A minimum setback of 4.5m to the site triangle. 4) A minimum exterior sideyard setback of 2.7m to the entrance stairs. 5) A minimum exterior sideyard setback of 4.5m. 6) A minimum rear yard setback of 7.5m. 7) A maximum lot coverage of 40%. A sketch is attached illustrating the request. Page 2 of 19

3 Other Planning Act Applications The lands which is the subject in this application was also the subject of an application under the Planning Act for: Consent Application B046/05 APPROVED, October 10, 2005 for the creation of a new lot, certificate issued October 30, Minor Variance Application A241/05, A242/05 APPROVED, October 10, 2005 to facilitate the above severance. On February 20, 2008, the Development Planning Departments sent the following comments; The Development Planning Department has no objections to Minor Variance Application A034/07, provided the applicant has obtained the appropriate permits and approvals from the Toronto and Region Conservation Authority. The above-noted application was adjourned Sine Die at the meeting of March 22, 2007 at the request of the Toronto and Region Conservation Authority (TRCA) to address outstanding issues regarding the proposed development on the subject lands. The applicant has advised the Development Planning Department that the issues and concerns of the TRCA have been addressed and that the owner wishes to proceed with the original variance application considered on the February 28, 2008 meeting as follows: Proposed Bylaw By-law Standard By-law Requirement Requirement 1. Minimum front yard setback to garage (new structure) 6.4m 6.4m 2. Minimum front yard setback (existing structure) 4.5m 1.2m 3. Minimum setback to sight triangle (existing structure) 4.5m 1.4m Minimum exterior side yard setback to stairs (existing structure) 2.7m 1.4m Minimum exterior side yard setback (existing structure) 4.5m 3.3m 6. Minimum rear yard setback (new structure) 7.5m 4.6m 7. Maximum lot coverage (existing structure) 40% 42% No other variances are requested. Based on comments submitted January 23, 2007, the Development Planning Department has no objection to the requested variances provided the applicant has obtained the appropriate permits and approvals from the Toronto and Region Conservation Authority. On February 21, 2008, the Toronto & Region Conservation Authority sent updated comments stating they had no objections. Claudio Pompilio, appeared and had nothing to add to the request. There was no one in attendance either in support or opposition to the request. There were no objections from any Departments or Agencies. MOVED by M. Panicali AND THAT Application No. A034/07 FILOMENA POMPILIO, be APPROVED, in accordance with the attached sketch. Page 3 of 19

4 MINOR VARIANCE PUBLIC HEARING; (Previously adjourned from the Oct. 25/07, Nov. 8/07 and Jan. 17/08 Meetings) 2. FILE NO.: A371/ ONTARIO INC. A recap from the January 17, 2008 Meeting The Committee advised Mr. Freedman, they were not satisfied with the new parking study / traffic report. The Committee advised Mr. Freedman that the applicant should consult with Mr. Massoud and the Development Planning Department to plan the appropriate time and day to do a another study. Part of Lot 15, Concession 2, (municipally known as 941 Rutherford Road, Thornhill). PROPOSAL The subject lands are zoned C1, Restricted Commercial Zone and subject to the provisions of exception 9(1245) under By-Law 1-88 as amended. The applicant is requesting a variance to permit the maintenance of an existing three-storey commercial building (daycare and office uses), notwithstanding, the proposed changes to the existing By-Law & current By-Law requirements are as follows: Proposal: 1) To permit a maximum of 160 children to be served at any one time. By-Law Requirements: 1) A maximum of 115 children to be served at any one time (as ordered by the OMB). A sketch is attached illustrating the request. Other Planning Act Applications The land which is the subject in this application was the subject of an application under the Planning Act for: Site Plan Application File: DA APPROVED. On February 22, 2008, a traffic addendum letter was received from Wayne Kay, Transportation Planner for Sernas Transtech, 141 Brunel Road, Mississauga, Ontario, L4Z 1X3. On February 28, 2008, the Development Planning Department sent additional comments; The Development Planning Department has no objection to Application A371/07. The above-noted minor variance application has now been adjourned from three (3) Committee of Adjustment meetings to address the concerns of a neighbouring property owner at 901 Rutherford Road. The primary concerns of the neighbouring property owner relate to a perceived adverse increase in traffic associated with the proposed expanded daycare capacity. Specifically, the methodology and process used to collect traffic data which was utilized in the Parking and Traffic Assessment was questioned for its integrity and fairness by the neighbouring property. In response to concerns by the neighbour regarding the quality of the data collected, specifically related to data collection on significant religious dates which are associated with the Jewish faith, the applicant s transportation consultant conducted additional traffic counts over a three (3) day period for all 24 hours in the day. Page 4 of 19

5 The results of the traffic counts were described in an addendum letter dated February 22, 2008 provided by the applicant s transportation consultant (Sernas Transtech). The letter explains that the outcome of the most recent traffic counts resulted in traffic volume figures that are lower than the counts in September The original Parking and Traffic Assessment included the traffic volume data from September 2007, which was reviewed by Vaughan Engineering and the Region of York who indicated that there were no concerns with the minor increase in traffic along Rutherford Road resulting from an additional 45 children at the existing daycare. The addendum letter dated February 22, 2008 was reviewed by Vaughan Engineering and the Development Planning Department who both indicated there were no concerns with the increased daycare capacity. Vaughan Engineering stated that the parking study requires Regional Approval as the daycare abuts a regional road, however as stated before, the Development Planning Department has been advised by staff at the Region that they had no concerns with the first parking study which, includes the September 2007 data. However the Region will not provide comments in writing. On this basis, the Development Planning Department continues to have no objection to the requested variance. A letter of opposition was received from Robert Massoud, Christian Community Movement for Religious Renewal, 901 Rutherford Road, Maple, Ontario, L6A 1S2. Allan Freedman, the authorized agent, appeared and gave a brief submission in regard to the request. Robert Massoud appeared in opposition reitterating his letter dated February 28, 2008 on file. There was no one else in attendance either in support or opposition to the request. There were no other objections from any Departments or Agencies. THAT based on the comments of the Development Planning Dept. and the Engineering Dept., the Committee is of the opinion that the variances 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 D. Kang AND THAT Application No. A371/ ONTARIO INC., be APPROVED, in accordance with the sketch attached. MINOR VARIANCE PUBLIC HEARINGS: (Previously adjourned from the Feb. 14/08 meeting) 3. FILE NO.: A038/08 GIUSEPPE FAILLA Part of Lot 16, Concession 8, (Lot 50, Registered Plan No. 65M-3620, municipally known as 102 Diploma Ave., Woodbridge.) Page 5 of 19

6 PROPOSAL The subject lands are zoned RV4, Residential under By-Law 1-88 as amended and further subject to exception 9(988). Prior to the hearing the applicant amended the Application, Sketches and Notice of Application to read as follows:.. maximum height of shed of 2.75m..... maximum shed area of 9.29m 2. NOT maximum height of shed of 3.0m... maximum shed area of 14.02m 2 THEREFORE, the purpose of this application is to request variances to permit the continued construction of a rear yard storage shed, notwithstanding, the proposed changes to the existing By-Law & current By-Law requirements are as follows: Proposal: 1. A minimum rear yard setback of 0.91m. 2. A maximum shed height of 3m. 2.75m 3. A maximum shed area of 14.02m m 2 By-Law Requirements: 1. A minimum rear yard setback of 7.5m. 2. A maximum shed height of 2.5m. 3. A maximum shed area of 8m 2. Sketches are attached illustrating the requests. On February 6, 2008, the Development Planning Department sent comments stating they were not in support of the application. On Feb 27, 2008, the Development Planning Department sent the following revised comments listing a condition of approval. The Development Planning Department has no objection to Minor Variance Application A038/08, subject to the Condition of Approval listed below. The Development Planning Department has reviewed the above-noted Application and provides the following comments. The subject lands are designated Low Density Residential by OPA No. 600 (Woodbridge Expansion Area) and are zoned RV4 Residential Urban Village Zone Four by By-law 1-88, subject to Exception 9(988). The applicant has revised the application and is requesting variances to permit the maintenance of an existing wood shed with a reduction in the minimum required rear yard setback and with an increase in the maximum height and gross floor area as follows: By-law Standard By-law 1-88 Requirement Original Proposal Revised Proposal 1 minimum rear yard setback 7.5m 0.91 m 0.91m 2 maximum shed height 2.5m 3.0 m 2.75m 3 maximum shed area 8m m m 2 (Revisions in bold) No other variances are requested. Page 6 of 19

7 A site visit was conducted on January 31, 2008 which includes photo documentation of the existing shed. The following site conditions were noted. The subject lands are situated in the Sonoma Height Community, north of Rutherford Road and are currently occupied by a typical two-storey dwelling which was constructed approximately 5 years ago. There is a solid wood fence along the rear property line between the applicant and the neighbour to the west, but there are no fences on the side property lines between the applicant and the neighbours to the north and south. The applicant has advised this Department that the properties will be fenced this year with wood fencing. The application was adjourned by the Committee of Adjustment at the meeting of February 14, 2008 to allow the applicant, concerned neighbours and the Development Planning Department to work together to establish a mutually acceptable solution. The Development Planning Department met with the applicant and neighbours on Friday February 22, 2008 to discuss how the shed can be reduced in size to reduce the impact of the structure. As a result of the meeting, the applicant agreed to reduce the size of the shed from m 2 (4.48 m x 3.13 m) to 9.29 m 2 (3.04 m x m) and to reduce the height from 3 m to 2.75 m. The applicant also agreed to plant shrubs between the structure and the property line to improve the natural setting that existed previously. The applicant has advised that the garden shed will be finished with vinyl siding once the modifications have been made. The applicant revised the application on Monday February 25, The Development Planning Department is of the opinion that the above-noted variances are considered to be minor in nature, compatible with the surrounding uses, and appropriate for the continued development of the subject lands. On this basis, the Development Planning Department has no objection to Minor Variance Application A038/08, subject to the Condition of Approval listed below. Giuseppe Failla, the owner, appeared, advising the Committee of his plan to reduce to size of the shed and his discussions with his neighbour and the Planning Department. His neighbour, Mr. Perrotta was in the audience and confirmed he was in agreement with the plans made. There was no one in attendance either in support or opposition to the request. There were no other objections from any Departments or Agencies, and any conditions are listed below. THAT the Committee is of the opinion that the variances, 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 M. Panicali AND THAT Application No. A038/08 GIUSEPPE FAILLA, be APPROVED, as AMENDED, in accordance with the sketches attached, subject to the following conditions; 1. The applicant shall appropriately screen the proposed accessory structure (garden shed) with year-round landscaping to be shown on a Landscape Plan for the review and approval by the Development Planning Department and which will be subject to a landscape inspection by the Development Planning Department. 2. That if the condition listed above is not fulfilled and the Building Permit is not applied for within twelve (12) months of the date this decision becomes final and binding, the said decision shall expire and shall be deemed to have been annulled and rescinded by the Committee.(PLEASE NOTE THAT THIS TIME PERIOD CANNOT BE EXTENDED IN ANY WAY, FAILURE TO MEET THIS DEADLINE WILL RESULT IN REQUIRING A NEW APPLICATION AND FEE.) Page 7 of 19

8 VERY IMPORTANT: IT IS THE RESPONSIBILITY OF THE OWNER/APPLICANT AND/OR AGENT TO OBTAIN AND PROVIDE A CLEARANCE LETTER FROM EACH AGENCY AND/OR DEPARTMENT LISTED IN THE CONDITIONS WHETHER IF REQUIRED APPEARS IN THE CONDITION OR NOT, AND FORWARD THIS CLEARANCE LETTER TO THE SECRETARY-TREASURER AS SOON AS THE CONDITIONS ARE FULFILLED. FAILURE TO COMPLY WITH THIS PROCEDURE WILL RESULT IN A LETTER BEING FORWARDED BY THE SECRETARY-TREASURER INDICATING THIS FILE HAS LAPSED AND, THEREFORE, WILL NECESSITATE THAT A NEW APPLICATION BE SUBMITTED TO LEGALIZE THIS PROPERTY. 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: 4. FILE NO. B008/08 ANDRIDGE HOMES FIVE LIMITED Part of Lot 25, Concession 2, (municipally known as 10700, AND Bathurst Street, Maple. PROPOSALS C4 Neighbourhood Commercial Zone with a Holding provision and subject to the provisions of Exception Number 9(1261) under By-Law 1-88 as amended To request the consent of the Committee of Adjustment to grant a lease (Shell Canada Product Inc Bathurst Street) for the parcel of land marked "A" on the attached sketch for commercial purposes, and retain the lands marked B on the attached sketch for commercial purposes. There are two existing commercial buildings on the subject land. On the retained land there is an existing commercial building (bank) and a proposed commercial office building. The land which is subject to this application was also the subject of another application under the Planning Act: Consent Application: File # B048/06 Creation of a new lot Approved July 20/06, Certificates issued Sept. 15/06 Zoning By-law Amendment: File #: Z APPROVED Official Plan Amendment: File #: OP APPROVED- OPA 638 Site Plan Application: File # DA APPROVED A request for decision was received from Olympia Properties Inc., 277 Spring Gate Blvd., Thornhill, Ontario, L4J 3G3, and Doris Garzon, 68 Torah Gate, Maple, Ontario, L6A 0H3. John Stevens, the authorized agent, appeared and had nothing to add to the request. There was no one in attendance either in support or opposition to the request. There were no objections from any Departments or Agencies, and any conditions are listed below. Page 8 of 19

9 MOVED by M. Panicali THAT Application No. B008/08 - ANDRIDGE HOMES FIVE 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. 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 three (3) copies of a legal size (8.5 by 14 ) 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; 4. A fee of $ made payable to the Treasurer City of Vaughan shall, be submitted to the Secretary Treasurer for the issuance of the Certificate/stamping of the deeds. 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 $145.00, provided all conditions of approval have been fulfilled and all required documents are submitted by 11:30 am that day; 5. 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. Page 9 of 19

10 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 Reserves/Capital Department; CONSENT PUBLIC HEARING 5. FILE NO. B009/08 SKYRANGE INVESTMENTS CO. LTD., RULAND PROPERTIES INC., AND FIRST VAUGHAN INVESTMENTS LIMITED, C/O SMART CENTRES Part of Lot 6 & 7, Concession 5, Reference Plan No. 65R-24506, Part 1, (municipally known as 100 Edgeley Blvd., Concord). PROPOSALS 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, for the parcel of land marked "A" on the attached sketch for commercial purposes and retain the lands marked B on the attached sketch for commercial purposes. The subject lands are zoned C10, Corporate District Zone and further subject to Exception 9(959) under By-law 1-88 as amended. The subject lands have an existing commercial building. The retained lands have an existing commercial building. Paula Bustard, appeared as the authorized agent and had nothing to add to the request. There was no one in attendance either in support or opposition to the request. There were no objections from any Departments or Agencies, and any conditions are listed below. MOVED by J. Cesario Seconded by D. Kang THAT Application No. B009/08 - SKYRANGE INVESTMENTS CO. LTD., RULAND PROPERTIES INC., AND FIRST VAUGHAN INVESTMENTS LIMITED, C/O SMART CENTRES, 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 Terry Liuni in the Reserves/Capital Department to have this condition cleared). Page 10 of 19

11 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. 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 three (3) copies of a legal size (8.5 by 14 ) 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; 4. A fee of $ made payable to the Treasurer City of Vaughan shall, be submitted to the Secretary Treasurer for the issuance of the Certificate/stamping of the deeds. 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 $145.00, provided all conditions of approval have been fulfilled and all required documents are submitted by 11:30 am that day; 5. 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 Reserves/Capital Department; Page 11 of 19

12 CONSENT PUBLIC HEARING: 6. FILE NO.: B010/08 INNOVATION COMMERCIAL CENTRE INC. TRUSTEE Part of Lot 10, Concession 9, (Part of Blocks 1 & 4, Draft Plan 19T-89063, municipally located on the west side of Highway 27 at Innovation Drive, Woodbridge). PROPOSAL The purpose of this application is to request the consent of the Committee of Adjustment to grant an easement marked "A" on the attached sketch, in favour of the lands to the NORTH, for drainage purposes and retain the lands marked B on the attached sketch for future employment purposes. The subject lands are zoned EM1, Prestige Employment Area zone and C7, Service Commercial zone subject to exception 9(1258) under By-law 1-88 as amended. The subject lands and retained lands are currently vacant and have the required lot frontage and lot area. Other Planning Act Applications The land which is the subject in this application was also the subject of another application under the Planning Act: Consent Applications File Nos. B003/08 & B006/08 Approved January 17, 2008 South & West easements for access purposes. Minor Variance File Nos. A006/08 & A011/08 Approved January 17, 2008 (Heard in conjunction with the above files B003/08 & B006/08) shared access and lot frontage of 57.61m (A006/08) only. Minor Variance Application File No. A017/08 Approved January 17, 2008 one storey commercial strip plaza. Gary Templeton, appeared as the authorized agent and had nothing to add to the request. There was no one in attendance either in support or opposition to the request. There were no other objections from any Departments or Agencies, and any conditions are listed below. MOVED by J. Cesario Seconded by M. Panicali THAT Application No. B010/08 - INNOVATION COMMERCIAL CENTRE INC. 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 Terry Liuni in the Reserves/Capital Department to have this condition cleared). 2. That the applicant provide to the Secretary Treasurer a letter of undertaking, stating that the lands in question are in favour of the lands to the north; 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. Submission to the Secretary-Treasurer of FOUR (4) white prints of a registered deposited reference plan of survey, showing the subject land which conforms with Page 12 of 19

13 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 three (3) copies of a legal size (8.5 by 14 ) 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/stamping of the deeds. 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 $145.00, provided all conditions of approval have been fulfilled and all required documents are submitted by 11:30 am 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: 7. FILE NO.: A047/08 PHONG DUC DO & BUI BICH NGA Part of Lot 10, Concession 7, (municipally known as 8388 Pine Valley Drive, Woodbridge). PROPOSAL The subject lands are zoned R1, Residential under By-Law 1-88 as amended. The purpose of this application is to request variances to permit the maintenance of an existing retaining wall and driveway gate columns for a two storey single family detached dwelling, notwithstanding, the proposed changes to the existing By-Law & current By-Law requirements are as follows: Proposal 1. A retaining wall at the lot line with a maximum height of 1.3m. 2. An architectural feature (gate columns) located at a lot line are to have a maximum height of 2.5m. By-Law Requirements: Page 13 of 19

14 1. A retaining wall at the lot line is to have a maximum height of 1m. 2. An architectural feature (gate columns) located at a lot line are to have a maximum height of 1.8m. Sketches are attached illustrating the request. On February 28, 2008, the Development Planning Department sent the following comments; The Development Planning Department recommends that Minor Variance Application A047/08 be adjourned to allow the applicant to provide the Development Planning Department with a survey indicating the exact location of the retaining wall and to provide further justification in writing as to why the retaining wall was initially constructed and it s purpose. The Development Planning Department has reviewed the above-noted Application and provides the following comments. The subject lands are designated Low Density Residential by OPA #240 (Woodbridge Community Plan) and are zoned R1 Residential Zone by By-law The applicant is requesting a variance to permit the maintenance of an existing retaining wall on the property line with a height of 1.3 m, and to permit the maintenance of an architectural feature (stone gateway) with a height of 2.5 m, whereas the By-law permits a maximum height of 1 m and 2.5 m, respectively. No other variances are requested. A site visit was conducted on February 13, 2008 which includes photo documentation of the location of the requested variance. The following site conditions were noted. The subject lands are located on the west side of Pine Valley Drive and south of Langstaff Road, and is developed with a two-storey stucco dwelling. The owner has constructed a retaining wall along the north, west and south property lines at a peak height of 1.3 m, and has raised the grade level of the entire property higher than the surrounding properties. The Development Planning Department is requesting that the applicant provide a legal survey indicating the exact location of the retaining wall on all property lines, and that the applicant provide a written justification for the motive for the construction of the existing retaining wall to obtain a thorough understanding of it s purpose and why it is required. This information will be used in this Department s consideration of the application. The Development Planning Department recommends that Minor Variance Application A047/08 be adjourned to allow the applicant to provide the Development Planning Department with a survey indicating the exact location of the retaining wall and to provide further justification in writing as to why the retaining wall was initially constructed and it s purpose. The owners did not appear. There was no one in attendance either in support or opposition to the request. There were no other objections from any Departments or Agencies. MOVED by M. Panicali THAT Application No. A047/08 PHONG DUC DO & BUI BICH NGA, be ADJOURNED, SINE DIE. CARRIED Page 14 of 19

15 MINOR VARIANCE PUBLIC HEARING: 8. FILE NO.: A048/08 FAUSTO MICHAEL CIANFRONE Part of Lot 8, Concession 7, (Lot 11, Registered Plan 4032, municipally known as 99 Davidson Drive, Woodbridge). PROPOSAL The subject lands are zoned R2, Residential under By-Law 1-88 as amended. The purpose of this application is to request variances to permit the maintenance of an existing gazebo in the rear yard of an existing two-storey single family detached dwelling, notwithstanding, the proposed changes to the existing By-Law & current By-Law requirements are as follows: Proposal: 1. An accessory structure with a maximum height of 6.71 m. 2. An accessory structure with a maximum height of 4.01m to the eaves. 3. A minimum interior side yard setback of 0.0m to and accessory structure. By-Law Requirements: 1. An accessory structure with a maximum height of 4.5 m. 2. An accessory structure with a maximum height of 3m to the eaves. 3. A minimum interior side yard setback of 1.2m to and accessory structure. A sketch is attached illustrating the request. On February 28, 2008, the Development Planning Department sent the following comments: The Development Planning Department recommends that Minor Variance Application A048/08 be adjourned and requests that the applicant obtain exemption from the City of Vaughan Fence By-law (80-90) for the fence adjacent to the tent gazebo. The Development Planning Department has reviewed the above-noted Application and provides the following comments. The subject lands are designated Low Density Residential by OPA #240 (Woodbridge Community Plan) and are zoned R2 Residential Zone by By-law The applicant is requesting variances to permit the maintenance of an existing tent gazebo with an increase in the maximum permitted height and with a reduced interior side yard setback as follows: By-law Standard By-law 1-88 Requirement Proposed 1 maximum height of accessory structure 4.5 m 6.71 m 2 maximum height of accessory structure to eaves 3 m 4.01 m 3 minimum interior side yard setback to accessory structure 1.2 m 0 m No other variances are requested. A site visit was conducted on February 21, 2008, which includes photo documentation of the existing accessory structure and the requested variances. The following site conditions were noted. The subject lands are located in an older subdivision within the Woodbridge Page 15 of 19

16 Community, characterized by large residential lots. The applicant has installed an accessory structure (tent gazebo) on the existing deck in the rear yard, which is taller and closer to the easterly property line than permitted. The tent gazebo is similar to other prefabricated temporary tent gazebos, however it covers the entire existing rear yard deck and with a slope significant enough to prevent snow from building up and damaging the fabric. However, it should be noted that the 6.1 m height of the tent gazebo has been measured from the existing grade level in the rear yard and not from the existing deck. Given the large size of the rear yard, there is no impact from the tent gazebo on the neighbours to the west and south. Additionally, it was noted while on site that the tent gazebo does not actually abut the property line at 0 m but appears to be set back approximately 0.25 m. The 0 m setback the applicant has requested is for the frame of the tent gazebo roof and not specifically the roof canvas. The approximate roof setback of 0.25 m will minimize any impact from water run-off onto the neighbour s property. There is an existing solid wood and iron fence along the east property line, which extends the full length of the deck. The covered deck, is open on the south and west sides. The amount of visual screening of the canopy from the neighbours to the east provided by the fence would be an important consideration in the Development Planning Department s recommendation with respect to this application. However, the fence appears to be approximately 2.4 m in height from the level of the existing deck and even higher from the ground level to the top of the fence, which would be non-compliant with the City s Fence Bylaw (80-90), which permits a maximum fence height of 1.8 m between property lines. Therefore, it would be inappropriate to make a recommendation on whether or not the requested variance is appropriate, based on a fence that is non-compliant with the City Fence By-law. Accordingly, it is recommended that Minor Variance Application A048/08 be adjourned and that the applicant be required to obtain the appropriate exemption from the City of Fence Vaughan By-law from the Enforcement Services Department and Vaughan Council, prior to the Development Planning Department making a final recommendation on the disposition of the Minor Variance Application. Letters of opposition were received from Paul Bortolotto, 81 Wakelin Court, Woodbridge, Ontario, L4L 2P1 and Mr. & Mrs. Postiglione, 107 Davidson Drive, Woodbridge, Ontario, L4L 1M2. Lou Pompili, appeared as the authorized agent, and asked that the application be approved and that the issue regarding the fence, mentioned by the Development Planning Department, be dealt with at a later date. After some discussion with the Planning Department representative, it was agreed by all parties to adjourn the application sine die, to allow for the fence height issue to be dealt with. Mr. Pompili asked to submit two letters of support from Mike De Bartolo & Lisa Moser, 91 Davidson Drive, Woodbridge, Ontario, L4L 1M2; Antonia Nalli, 119 Davidson Drive, Woodbridge, Ontario, L4L 1M2. There was no one in attendance either in support or opposition to the request. There were no other objections from any Departments or Agencies. MOVED by M. Panicali THAT Application No. A048/08 FAUSTO MICHAEL CIANFRONE, be ADJOURNED, SINE DIE. Page 16 of 19

17 MINOR VARIANCE PUBLIC HEARING: 9. FILE NO.: A049/08 CONFEDERATION BUSINESS PARK INC. CPL c/o Condor Properties Ltd. Part of Lot 13, Concession 3, (Part of Block 3, Registered Plan No. 65M-2623, municipally known as 355 Confederation Parkway, Concord). PROPOSAL The subject lands are zoned EM2 General Employment Area and subject to the provisions of Exception Number 9(419) under By-Law 1-88 as amended. The purpose of this application is to request a variance to permit the construction of a proposed mezzanine within an existing one-storey industrial building, at the front of an existing two-storey single family detached dwellings with the garage attached, notwithstanding, the proposed changes to the existing By-Law & current By-Law requirements are as follows: Proposal: To permit a minimum of 112 parking spaces. By-Law Requirements: A minimum of 132 parking spaces is required. A sketch is attached illustrating the request. OTHER PLANNING ACT APPLICATIONS The land which is the subject in this application was the subject of an application under the Planning Act for: Minor Variance A086/07-APPR. APR. 5/07 Min. rear yard setback = 6.15m Tony Baldassarra, appeared as the agent and had nothing to add to the request. There was no one in attendance either in support or opposition to the request. There were no objections from any Departments or Agencies. THAT the Committee is of the opinion that the variance 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 M. Panicali AND THAT Application No. A049/08 CONFEDERATION BUSINESS PARK INC. CPL c/o Condor Properties Ltd., be APPROVED, in accordance with the sketch attached. Page 17 of 19

18 MINOR VARIANCE PUBLIC HEARING: 10. FILE NO.: A050/08 FERNBROOK HOMES Part of Lot 16, Concession 2, (Lot 3, Registered Plan No. 65M-4004, municipally known as 56 Apple Grove Court, Maple). PROPOSAL The subject lands are zoned RD3, Residential Detached Zone Three and subject to the provisions of Exception 9(1264) under By-law 1-88 as amended. The purpose of this application is to request a variance to permit the construction of a two storey single family detached dwelling, notwithstanding, the proposed changes to the existing By-Law & current By-Law requirements are as follows: Proposal: 1. To permit a rear yard setback of 6.98 metres. By-Law Requirements: 1. A minimum rear yard setback of 7.5 metres is required. A sketch is attached illustrating the request. Fred Nicolucci, appeared as the agent and had nothing to add to the request. There was no one in attendance either in support or opposition to the request. There were no objections from any Departments or Agencies. THAT the Committee is of the opinion that the variance 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 M. Panicali AND THAT Application No. A050/08 FERNBROOK HOMES, be APPROVED, in accordance with the sketch attached. OTHER BUSINESS NONE MOTION TO ADJOURN MOVED by L. Fluxgold Page 18 of 19

19 THAT the meeting of Committee of Adjustment be adjourned at 6:45 p.m., and the next regular meeting will be held on THURSDAY, MARCH 13, Page 19 of 19