The Minutes of the 21st Meeting of the Vaughan Committee of Adjustment for the year 2000 Thursday, NOVEMBER 23, :00 p.m.

Transcription

1 The Minutes of the 21st Meeting of the Vaughan Committee of Adjustment for the year 2000 Thursday, NOVEMBER 23, 2000 Present at the meeting were: 6:00 p.m. M. Mauti T. DeCicco S. Perrella K. Hakoda Members of Staff present: Dianne E.L. Grout, Secretary-Treasurer Cathy Schanck, Assistant to the Secretary-Treasurer Glenn White, Planner Frank Defrancesco, Plans Examiner INTRODUCTION OF ADDENDUM REPORTS MOVED by S. Perrella Seconded by K. Hakoda 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 S. Perrella Seconded by T. DeCicco THAT the minutes of the Committee of Adjustment Meeting of October 26, 2000 be adopted as circulated. ADJOURNMENTS AND/OR DEFERRALS Ruth Mercer Lowy, the agent for C. BRATTY requested that Item #21 - C. BRATTY, File No. A281/00, BE HEARD FIRST. Mike Tucci, First Vaughan Investments Inc., faxed a letter to the Committee requesting that Item #16 FIRST VAUGHAN INVESTMENTS INC., File No. A274/00, be ADJOURNED, to January 11, 2001 Meeting, as the application is to be amended. Scott Dutchak, Metrus Properties Limited, sent a letter requesting that Items #19 METRUS PROPERTIES LIMITED, File No. A279/00 be WITHDRAWN, in order to pursue a rezoning of the property. Jack Erez, the agent for HANNA EREZ, sent a letter requesting Item #22, File No. A282/00, be ADJOURNED, SINE DIE, in order to consult with the Planning Department. MOVED by S. Perrella Seconded by T. DeCicco THAT Item #21, C. BRATTY, File No. A281/00, BE HEARD FIRST as per the agent s request. THAT Item #16, FIRST VAUGHAN INVESTMENTS INC., File No. A274/00, be ADJOURNED, to January 11, 2001 Meeting. Page 1 of 27

2 ADJOURNMENTS AND/OR DEFERRALS CONT D.. THAT Item #19, METRUS PROPERTIES, File No. A279/00, be WITHDRAWN. THAT Item #22, HANNA EREZ, File No. A282/00, be ADJOURNED, SINE DIE. CARRIED ADMINISTRATIVE CORRECTIONS MOVED by S. Perrella Seconded by T. DeCicco Item #11, File No. A289/00, Network Realty Ltd., should read:..the minimum rear yard setback on the east side NOT:.the minimum setback on the east side.. CARRIED MINOR VARIANCE PUBLIC HEARING 1. FILE NO. A281/00 C.BRATTY Lot 54, Registered Plan 65M-3195, (Lot 33, Concession 1), municipally known as 117 Sanibel Crescent, Thornhill. By-law 1-88 zones this parcel AR1" Residential. The purpose of this application is to request a variance to permit the construction of a two-storey single family dwelling with an attached 3 car garage, notwithstanding, the maximum width of the curb cut will be 9.0m, rather than the By-law requires the maximum width of the curb cut to be 6.0m. Ruth Mercer Lowy, the agent, appeared on behalf of the applicant and had nothing to add to the request. The Community Planning Department made the following written comments: The Planning Dept. is concerned about maximizing the opportunity for on-street parking. There were no other objections from any Departments or Agencies and any conditions requested are listed below. The Committee is of the opinion that the variance sought can be considered minor and is desirable for the appropriate development and use of the land. The general intent and purpose of the Bylaw and the Official Plan will be maintained. MOVED by T. DeCicco Seconded by K. Hakoda THAT Application No. A281/00, C. BRATTY, be APPROVED, subject to the following conditions: 1. That a Building Permit be obtained, if required, to the satisfaction of the Building Standards Department; Page 2 of 27

3 MINOR VARIANCE PUBLIC HEARING FILE NO. A281/00 - C.BRATTY CONT D. 2. That if the condition listed above is not fulfilled within twelve (12) months of the date this decision becomes final and binding, the said decision shall expire and shall be deemed to have been annulled and rescinded by the Committee. MINOR VARIANCE PUBLIC HEARING: (Previously adjourned from the July 20, 2000 Meeting) 2. FILE NO.: A192/00 MARIO COLALILLO Block 8, Registered Plan 65M-2790, (Part of Lot 2 & 3, Concession 6), municipally known as 256 Aviva Park Drive, Woodbridge. By-law 1-88 zones this parcel AEM1" Prestige Employment Area. The purpose of this application is to request a variance to permit the construction of a one storey industrial building, having a 2 nd floor section on the front for offices, notwithstanding, loading and unloading will be between a building and a street, rather than the By-law does not permit loading and unloading between a building and a street. A letter was received November 14, 2000 from Greg Cunningham, Grand & Toy, supporting the application as the applicant has agreed to provide a wood screening fence along the east property line. Wes Surdyka, the agent, appeared on behalf of the applicant and gave a brief submission in regard to the request. There were no objections from any Departments or Agencies and any conditions requested are listed below. The Committee is of the opinion that the variance sought can be considered minor and is desirable for the appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will be maintained. MOVED by T. DeCicco Seconded by K. Hakoda THAT Application No. A192/00 MARIO COLALILLO, be APPROVED, subject to the following conditions: 1. That the variance for the loading and unloading between a building and a street for the construction of a one storey industrial building is conditional upon the property being constructed in accordance with the requested variance as shown on the attached sketch forming part of this application, to the satisfaction of the Building Standards Department. 2. That if the condition listed above is not fulfilled within twelve (12) months of the date this decision becomes final and binding, the said decision shall expire and shall be deemed to have been annulled and rescinded by the Committee. CARRIED Page 3 of 27

4 CONSENT PUBLIC HEARING: 3. FILE NOS.: B78/00, B79/00 and B80/00- PASQUALE & BIAGGINA LOMBARDI to 5. Part of Lot 25, Concession 4, municipally known as 2975 Teston Road, Maple. The purpose of applications, B78/00, B79/00 and B80/00, is to request the consent of the Committee of Adjustment to convey a parcel of land for the creation of three new lots for residential purposes. The subject lands are currently vacant and there are three residences proposed. The retained land has a residential structure that is to be demolished and a new residence proposed. Anne McCauley, EMC Group, appeared on behalf of the applicant and had nothing to add to the request. There were no objections from any Departments or Agencies and any conditions requested are listed below. B78/00 MOVED by K. Hakoda Seconded by S. Perrella THAT Application No. B78/00 PASQUALE & BIAGGINA LOMBARDI be APPROVED subject to the following conditions : 1. Payment to the City of Vaughan of a Tree Fee if required, approved by Council as of the date of granting the consent. Payment is to be made by certified cheque, to the satisfaction of the Finance Department and Parks Department; 2. That the owner shall pay all taxes as levied, if required, to the satisfaction of the Finance Department; (contact Linda Nelson in the Finance Department to have this condition cleared). 3. The applicant shall provide the City of Vaughan with an appraisal report, if required 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 of Vaughan, if required, in lieu of the deeding of land for park purposes shall be made if a new lot is being created. Said levy is to be 5% of the appraised market value of the subject land as of the date of the Committee of Adjustment giving notice to the Applicant of the herein decision. Said levy shall be approved by the Manager of Real Estate. Payment shall be made by certified cheque only; 4. That the subject lands have frontage on a public street, if required, to the satisfaction of the Building Standards Department; 5. That the zoning by-law approving the lot frontage and area be in full force and effect, if required, to the satisfaction of the Building Standards Department; 6. That the amending by-law of zoning Amendment Application Z be in full force and effect, if required, to the satisfaction of the Community Planning Department; Page 4 of 27

5 CONSENT PUBLIC HEARING FILE NOS.: B78/00, B79/00 and B80/00 - PASQUALE & BIAGGINA LOMBARDI CONT D. 7. That the owner shall enter into an agreement pursuant to Subsection 50(6) of the Planning Act with the City of Vaughan, if required, to satisfy all conditions, financial or otherwise, of the City of Vaughan with regard to such matters the municipality may consider necessary including payment of the development levies, the provision of roads and municipal services, landscaping and fencing. The said agreement shall be registered against the lands to which it applies and to the satisfaction of the Engineering Department; 8. 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; 9. Upon fulfilling and complying with all of the above-noted conditions, and only if required, the Secretary-Treasurer of the Committee of Adjustment must be provided with three (3) copies of the Transfer/Deed of Land for the subject land to be stamped accordingly; or may provide a Certificate to the Applicant stating the Consent has been given in certain cases; When submitting Deeds please provide a Schedule Page which includes the egal description of the lands in question for stamping purposes. Failure to provide this Schedule page will result in the delay of stamping the Deeds until it is received 10. 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 $100.00, provided all conditions of approval have been fulfilled and all required documents are submitted by 11:30 am that day; 11. Prior to the issuance of a building permit, if required, the applicant shall fulfil and comply with all of the above noted consent conditions; 12. 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, if required, of Consent, failing which the application for consent shall thereupon deem to be refused; PLEASE NOTE: 1. That the payment of the Regional Development Charge is payable to the City of Vaughan before issuance of a building permit in accordance with the Development Charges Act and the Regional Development Charges By-law in effect at the time of payment. 2. That the payment of the City Development Charge is payable to the City of Vaughan before issuance of a building permit in accordance with the Development Charges Act and the City's Development Charges By-law in effect at the time of payment. 3. That the payment of the Education Development Charge is payable to the City of Vaughan before issuance of a building permit in accordance with the Development Charges Act and the Boards of Education By-laws in effect at the time of payment. 4. That the payment of the Hydro Development Charge is payable to the City of Vaughan before issuance of a building permit in accordance with the Development Charges Act and Vaughan Hydro=s Development Charge By-law in effect at the time of payment; CARRIED Page 5 of 27

6 CONSENT PUBLIC HEARING FILE NOS.: B78/00, B79/00 and B80/00 - PASQUALE & BIAGGINA LOMBARDI CONT D. B79/00 MOVED by K. Hakoda Seconded by S. Perrella THAT Application No. B79/00 PASQUALE & BIAGGINA LOMBARDI be APPROVED subject to the following conditions : 1. Payment to the City of Vaughan of a Tree Fee if required, approved by Council as of the date of granting the consent. Payment is to be made by certified cheque, to the satisfaction of the Finance Department and Parks Department; 2. That the owner shall pay all taxes as levied, if required, to the satisfaction of the Finance Department; (contact Linda Nelson in the Finance Department to have this condition cleared). 3. The applicant shall provide the City of Vaughan with an appraisal report, if required 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 of Vaughan, if required, in lieu of the deeding of land for park purposes shall be made if a new lot is being created. Said levy is to be 5% of the appraised market value of the subject land as of the date of the Committee of Adjustment giving notice to the Applicant of the herein decision. Said levy shall be approved by the Manager of Real Estate. Payment shall be made by certified cheque only; 4. That the subject lands have frontage on a public street, if required, to the satisfaction of the Building Standards Department; 5. That the zoning by-law approving the lot frontage and area be in full force and effect, if r equired, to the satisfaction of the Building Standards Department; 6. That the amending by-law of zoning Amendment Application Z be in full force and effect, if required, to the satisfaction of the Community Planning Department; 7. That the owner shall enter into an agreement pursuant to Subsection 50(6) of the Planning Act with the City of Vaughan, if required, to satisfy all conditions, financial or otherwise, of the City of Vaughan with regard to such matters the municipality may consider necessary including payment of the development levies, the provision of roads and municipal services, landscaping and fencing. The said agreement shall be registerd against the lands to which it applies and to the satisfaction of the Engineering Department; 8. 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; 9. Upon fulfilling and complying with all of the above-noted conditions, and only if required, the Secretary-Treasurer of the Committee of Adjustment must be provided with three (3) copies of the Transfer/Deed of Land for the subject land to be stamped accordingly; or may provide a Certificate to the Applicant stating the Consent has been given in certain cases; When submitting Deeds please provide a Schedule Page which includes the legal description of the lands in question for stamping purposes. Failure to provide this Schedule page will result in the delay of stamping the Deeds until it is received Page 6 of 27

7 CONSENT PUBLIC HEARING FILE NOS.: B78/00, B79/00 and B80/00 - PASQUALE & BIAGGINA LOMBARDI CONT D. 10. 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 $100.00, provided all conditions of approval have been fulfilled and all required documents are submitted by 11:30 am that day; 11. Prior to the issuance of a building permit, if required, the applicant shall fulfil and comply with all of the above noted consent conditions; 12. 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, if required, of Consent, failing which the application for consent shall thereupon deem to be refused; PLEASE NOTE: 1. That the payment of the Regional Development Charge is payable to the City of Vaughan before issuance of a building permit in accordance with the Development Charges Act and the Regional Development Charges By-law in effect at the time of payment. 2. That the payment of the City Development Charge is payable to the City of Vaughan before issuance of a building permit in accordance with the Development Charges Act and the City's Development Charges By-law in effect at the time of payment. 3. That the payment of the Education Development Charge is payable to the City of Vaughan before issuance of a building permit in accordance with the Development Charges Act and the Boards of Education By-laws in effect at the time of payment. 4. That the payment of the Hydro Development Charge is payable to the City of Vaughan before issuance of a building permit in accordance with the Development Charges Act and Vaughan Hydro=s Development Charge By-law in effect at the time of payment; CARRIED B80/00 MOVED by K. Hakoda Seconded by S. Perrella THAT Application No. B80/00 PASQUALE & BIAGGINA LOMBARDI be APPROVED subject to the following conditions : 1. Payment to the City of Vaughan of a Tree Fee if required, approved by Council as of the date of granting the consent. Payment is to be made by certified cheque, to the satisfaction of the Finance Department and Parks Department; 2. That the owner shall pay all taxes as levied, if required, to the satisfaction of the Finance Department; (contact Linda Nelson in the Finance Department to have this condition cleared). 3. The applicant shall provide the City of Vaughan with an appraisal report, if required 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 of Vaughan, if required, in lieu of the deeding of land for park purposes shall be made if a new lot is being created. Said levy is to be 5% of the appraised market value of the subject land as of the date of the Committee of Adjustment giving notice to the Applicant of the herein decision. Said levy shall be approved by the Manager of Real Estate. Payment shall be made by certified cheque only; Page 7 of 27

8 CONSENT PUBLIC HEARING FILE NOS.: B78/00, B79/00 and B80/00 - PASQUALE & BIAGGINA LOMBARDI CONT D. 4. That the subject lands have frontage on a public street, if required, to the satisfaction of the Building Standards Department; 5. That the zoning by-law approving the lot frontage and area be in full force and effect, if required, to the satisfaction of the Building Standards Department; 6. That the amending by-law of zoning Amendment Application Z be in full force and effect, if required, to the satisfaction of the Community Planning Department; 7. That the owner shall enter into an agreement pursuant to Subsection 50(6) of the Planning Act with the City of Vaughan, if required, to satisfy all conditions, financial or otherwise, of the City of Vaughan with regard to such matters the municipality may consider necessary including payment of the development levies, the provision of roads and municipal services, landscaping and fencing. The said agreement shall be registerd against the lands to which it applies and to the satisfaction of the Engineering Department; 8. 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; 9. Upon fulfilling and complying with all of the above-noted conditions, and only if required, the Secretary-Treasurer of the Committee of Adjustment must be provided with three (3) copies of the Transfer/Deed of Land for the subject land to be stamped accordingly; or may provide a Certificate to the Applicant stating the Consent has been given in certain cases; When submitting Deeds please provide a Schedule Page which includes the legal description of the lands in question for stamping purposes. Failure to provide this Schedule page will result in the delay of stamping the Deeds until it is received 10. 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 $100.00, provided all conditions of approval have been fulfilled and all required documents are submitted by 11:30 am that day; 11. Prior to the issuance of a building permit, if required, the applicant shall fulfil and comply with all of the above noted consent conditions; 12. 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, if required, of Consent, failing which the application for consent shall thereupon deem to be refused; PLEASE NOTE: 1. That the payment of the Regional Development Charge is payable to the City of Vaughan before issuance of a building permit in accordance with the Development Charges Act and the Regional Development Charges By-law in effect at the time of payment. 2. That the payment of the City Development Charge is payable to the City of Vaughan before issuance of a building permit in accordance with the Development Charges Act and the City's Development Charges By-law in effect at the time of payment. 3. That the payment of the Education Development Charge is payable to the City of Vaughan before issuance of a building permit in accordance with the Development Charges Act and the Boards of Education By-laws in effect at the time of payment. Page 8 of 27

9 CONSENT PUBLIC HEARING FILE NOS.: B78/00, B79/00 and B80/00 - PASQUALE & BIAGGINA LOMBARDI CONT D. 4. That the payment of the Hydro Development Charge is payable to the City of Vaughan before issuance of a building permit in accordance with the Development Charges Act and Vaughan Hydro=s Development Charge By-law in effect at the time of payment; CARRIED CONSENT & MINOR VARIANCE PUBLIC HEARING: 6. FILE NOS.: B87/00 & A289/00 - NETWORK REALTY LTD. & 7. Part of Lot 1, Concession 2, municipally known as 1500 STEELES AVENUE WEST, THORNHILL. B87/00 - By-law 1-88 zones both the subject land and the retained land RA3" Apartment Residential. The purpose of this application is to request the consent of the Committee of Adjustment to convey a parcel of land together with all required easements and right-of-ways, for the creation of a new lot for residential condominium & commercial purposes. A289/00 - By-law 1-88 zones this parcel RA3" Apartment Residential. The purpose of this application is to request a variance to facilitate the severance of the total lands (File No.B87/00 subject land) to create a new lot for the purpose of building condominium buildings at some future date; notwithstanding the minimum set back on the east side will be 4.97m., rather than the By-law requires the minimum setback to the east side to be 59.54m. A fax was received from Steven Jeffrey, Blaney, McMurtry Barristers & Solicitors, L.L.P., emphasizing the applicant s disapproval of some conditions imposed by certain Departments and Agencies. He pointed out that there was an agreement made in April of 1999 (OPA 471), (By-law ), that dealt with many of the conditions proposed for these applications, making them redundant and contradictory to the agreement. Steven Jeffrey, the agent, appeared on behalf of the applicant and reiterated that the conditions imposed by the Departments and Agencies were not appropriate and questioned the necessity of Minor Variance Application No. A289/00. The Committee advised that a legal interpretation of the By-law was needed from the Legal Department in order to address the issues and that this application should be Adjourned Sine Die. There were no objections from any Departments or Agencies and any conditions requested are listed below. MOVED by T. DeCicco Seconded by K. Hakoda THAT Application Nos. B87/00 & A289/00, NETWORK REALTY, be ADJOURNED SINE DIE. CONSENT & MINOR VARIANCE PUBLIC HEARING: CONT. Page 9 of 27

10 8. FILE NOS.: B89/00 & A284/00 - ANNA VALENTE & 9. Plan# 3205, Part of Lot 26, Concession 1, municipally known as 161 Crestwood Road, THORNHILL. B89/00 - By-law 1-88 zones both the subject land and the retained land R2" Residential. The purpose of the application is to request the consent of the Committee of Adjustment to convey a parcel of land as an addition to an existing lot taken into the title of the land to the west for residential purposes. A284/00 - By-law 1-88 zones this parcel R3 Residential. The purpose of this application to request a variance to permit the maintenance of chimney pilasters; notwithstanding the minimum side yard set back to the chimney pilasters will be 1.0m., rather than the By-law requires the minimum side yard set back to the chimney pilasters to be 1.2m. Robert Johnston, RDJ Planning, the agent, appeared on behalf of the applicant and raised concerns with the conditions received from Canadian National Railway Company, Engineering Services. The Committee advised Robert Johnston to discuss these conditions with CN. There were no objections from any Departments or Agencies and any conditions requested are listed below. MOVED by T. DeCicco Seconded by K. Hakoda THAT Application NO. B89/00, conditions: ANNA VALENTE, be APPROVED, subject to the following 1. That the owner shall pay all taxes as levied, if required, to the satisfaction of the Finance Department; (contact Linda Nelson in the Finance Department to have this condition cleared); 2. That the owner is required to insert the following warning clause in all development agreements, offers to purchase, agreements of Purchase and Sale or Lease and include in a Noise Impact Statement: Warning: Canadian National Railway Company or its assigns or successors in interest has or have a right-of-way within 300 metres from the land the subject hereof. There may be alterations to or expansions of the rail facilities on such right-of way in the future including the possibility that the railway or its assigns or successors as aforesaid may expand its operations, which expansion may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwelling(s). CNR will not be responsible for any complaints or claims arising from use of such facilities and/or operations on, over or under the aforesaid right-of-way. to the satisfaction of the Canadian National Railway Company; Page 10 of 27

11 CONSENT & MINOR VARIANCE PUBLIC HEARING: FILE NOS.: B89/00 & A284/00 - ANNA VALENTE CONT D. 3. That the owner is required to engage a consultant to undertake an analysis of noise and provide abatement measures necessary to achieve the maximum level limits set by the Ministry of Environment and Canadian National, to the satisfaction of the Canadian National Railways; 4. That the corresponding minor variance File #A284/00 ANNA VALENTE, be approved and be in full force and effect, if required, to the satisfaction of the Building Standards Department; 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 west; 6. Submission to the Secretary-Treasurer of three (3) white prints of a registered deposited reference plan of survey, showing the subject land which conforms with the application submitted and which shows the dimensions and areas of each part shown on the plan; 7. Upon fulfilling and complying with all of the above-noted conditions, and only if required, the Secretary-Treasurer of the Committee of Adjustment must be provided with three (3) copies of the Transfer/Deed of Land for the subject land to be stamped accordingly; or may provide a Certificate to the Applicant stating the Consent has been given in certain cases; When submitting Deeds please provide a Schedule Page which includes the legal description of the lands in question for stamping purposes. Failure to provide this Schedule page will result in the delay of stamping the Deeds until it is received 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/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 $100.00, provided all conditions of approval have been fulfilled and all required documents are submitted by 11:30 am 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; 10. 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, if required, of Consent, failing which the application for consent shall thereupon deem to be refused; 11. 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; The Committee is of the opinion that the variance sought can be considered minor and is desirable for the appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will be maintained. MOVED by T. DeCicco Seconded by K. Hakoda THAT Application No. A284/00 ANNA VALENTE be APPROVED. Page 11 of 27

12 CONSENT PUBLIC HEARING: 10. FILE NOS.: B90/00 & B91/00 - YORK MAJOR HOLDINGS INC. & 11. S B90/00 - Parts 4,5,6,7,8, and 14, Reference Plan 65R (Lot 26 & 27, Concession 3), known as Keele Street & Teston Road. B91/00 - Parts 12, & 13, Reference Plan 65R (Lot 26 & 27, Concession 3), known as Keele Street & Teston Road. By-law 1-88 zones the subject and retained lands "M1 (H) Restricted Industrial Holding Zonings. The purpose of these applications is to request the consent of the Committee of Adjustment or a technical conveyance of the parcels of land for industrial purposes; to consolidate each under one deed, rather than the current arrangement of two separate deeds for each lot, one for the original consent and one for the lot additions under Consent Application Files B30/00, B34/00, and retain lands for industrial purposes. David McKay, MHBC Planning Ltd., appeared on behalf of the applicant. There were no objections from any Departments or Agencies and any conditions requested are listed below. MOVED by K. Hakoda Seconded by T. DeCicco THAT Application N0. B90/00, YORK MAJOR HOLDINGS INC., be APPROVED, subject to the following conditions: 1. That the owner shall pay all taxes as levied, if required, to the satisfaction of the Finance Department; (contact Linda Nelson in the Finance Department to have this condition cleared). 2. That the corresponding Consent Application, File No. B91/00, be approved and be in full force and effect. 3. Submission to the Secretary-Treasurer of three (3) white prints of a registered deposited reference plan of survey, showing the subject land which conforms with the application submitted and which shows the dimensions and areas of each part shown on the plan; 4. Upon fulfilling and complying with all of the above-noted conditions, and only if required, the Secretary-Treasurer of the Committee of Adjustment must be provided with three (3) copies of the Transfer/Deed of Land for the subject land to be stamped accordingly; or may provide a Certificate to the Applicant stating the Consent has been given in certain cases; When submitting Deeds please provide a Schedule Page which includes the legal description of the lands in question for stamping purposes. Failure to provide this Schedule page will result in the delay of stamping the Deeds until it is received 5. A fee of $ made payable to the Treasurer City of Vaughan shall, be submitted to the Secretary Treasurer for the issuance of the Certificate/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 $100.00, provided all conditions of approval have been fulfilled and all required documents are submitted by 11:30am. that day; Page 12 of 27

13 CONSENT PUBLIC HEARING: FILE NOS.: B90/00 & B91/00 - YORK MAJOR HOLDINGS INC. CONT D. 6. Prior to the issuance of a building permit, if required, the applicant shall fulfill and comply with all of the above noted consent conditions; 7. Pursuant to Section 53(20) of the Planning Act, the applicant shall have a period of one year from the date of the Committee of Adjustment giving Notice of the herein Decision to the Applicant to fulfill and comply with all of the (above-noted) conditions, if required, of Consent, failing which the application for consent shall thereupon deem to be refused; CARRIED THAT Application N0. B91/00, YORK MAJOR HOLDINGS INC., be APPROVED, subject to the following conditions: 1. That the owner shall pay all taxes as levied, if required, to the satisfaction of the Finance Department; (contact Linda Nelson in the Finance Department to have this condition cleared). 2. That the corresponding Consent Application, File No. B90/00, be approved and be in full force and effect. 3. Submission to the Secretary-Treasurer of three (3) white prints of a registered deposited reference plan of survey, showing the subject land which conforms with the application submitted and which shows the dimensions and areas of each part shown on the plan; 4. Upon fulfilling and complying with all of the above-noted conditions, and only if required, the Secretary-Treasurer of the Committee of Adjustment must be provided with three (3) copies of the Transfer/Deed of Land for the subject land to be stamped accordingly; or may provide a Certificate to the Applicant stating the Consent has been given in certain cases; When submitting Deeds please provide a Schedule Page which includes the legal description of the lands in question for stamping purposes. Failure to provide this Schedule page will result in the delay of stamping the Deeds until it is received 5. A fee of $ made payable to the Treasurer City of Vaughan shall, be submitted to the Secretary Treasurer for the issuance of the Certificate/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 $100.00, provided all conditions of approval have been fulfilled and all required documents are submitted by 11:30am. that day; 6. Prior to the issuance of a building permit, if required, the applicant shall fulfill and comply with all of the above noted consent conditions; 7. Pursuant to Section 53(20) of the Planning Act, the applicant shall have a period of one year from the date of the Committee of Adjustment giving Notice of the herein Decision to the Applicant to fulfill and comply with all of the (above-noted) conditions, if required, of Consent, failing which the application for consent shall thereupon deem to be refused; CARRIED Page 13 of 27

14 MINOR VARIANCE PUBLIC HEARING: 12. FILE NO.: A277/00 ANTONIO & EMILIA DANTAS Lot 13, Registered Plan 65M-3229, (Part of Lot 19, Concession 4), municipally known as 75 Villandry Crescent, Maple. By-law 1-88 zones this parcel AR4" Residential. The purpose of this application is to request variances to permit the maintenance of an existing accessory building, (garden shed/dog house), notwithstanding the minimum rear yard set back is 0.3m, the minimum interior side yard setback is 0.3m, having an approximate area of 16m 2, rather than the By-law requires the minimum rear yard setback to be 9.0m and the minimum interior side yard setback to be 1.2m. Antonio Dantas, the owner, appeared and had nothing to add to the request. The Committee asked if Mr. Dantas if he had spoke with his neighbours in regard to his request. Mr. Dantas answered yes, that his neighbours were in support but he had nothing in writing to submit to the Committee. The Community Planning Department made the following written comments: The Planning Dept. questions the minor nature of this application. There were no other objections from any Departments or Agencies and any conditions requested are listed below. The Committee is of the opinion that the variances sought can be considered minor and are desirable for the appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will be maintained. MOVED by K. Hakoda Seconded by S. Perrella THAT Application No. A277/00, ANTONIO & EMILIA DANTAS, be APPROVED, subject to the following conditions: 1. The applicant obtain the necessary approvals under Ontario Regulation 158 from this office, if required, to the satisfaction of the Toronto and 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. 13. FILE NO: A278/00 CENTRE-SHIM CORP. Lots 64, 65, 66, 67and Part of Lot 62, Registered Plan 3541, (Part of Lot 6, Concession 2), municipally known as 1470 Centre Street. Page 14 of 27

15 MINOR VARIANCE PUBLIC HEARING: CONT D FILE NO: A278/00 CENTRE-SHIM CORP. By-law 1-88 zones this parcel C2" General Commercial. The purpose of this application is to request variances to permit the construction of a proposed commercial/retail plaza, notwithstanding the following variances rather than the By-law requires the following minimum (See table below). VARIANCE PROPOSED BY-LAW REQUIREMENT 1.2M 15.0M MINIMUM REAR YARD SETBACK PARKING SPACES M 6.0M (ABUTTING A STREET LINE) MIN. LANDSCAPE STRIP ALONG NORTH LOT LINE MIN. SETBACK FROM A RESIDENTIAL ZONE (NORTH LOT LINE) PARKING SPACES AND AREAS 10.7M 13.5M NOT TO BE LOCATED ON THE LOT Page 15 of M (ABUTTING RESIDENTIAL ZONE) TO BE LOCATED ON THE LOT A fax was received from John Pichelli, Barrister & Solicitor, 3600 Billings Court, Suite 201, Burlington, Ontario, L7N 3N6, lawyer for Robert DiFlaviano, owner of the lands immediately to the north of the Applicant s land. Mr. DiFlaviano has concerns regarding use of the laneway. Gregory Seganfreddo, the agent, appeared on behalf of the applicant and gave a brief submission in regard to the application. The Committee asked Mr. Seganfreddo to address the concerns of the neighbour to the north, Robert DiFlaviano. Mr. Seganfreddo explained he had met earlier with John Pichelli, Mr. DiFlaviano s lawyer, but the issues had not yet been resolved. John Piccelli, lawyer for Robert DiFlaviano, expressed his client s concern with the wording of the lease with the City of Vaughan and that his client feels his rights may be jeopardized. The Committee suggested the application should be STOOD DOWN, to allow further discussion to which the parties agreed. MOVED by T. DeCicco Seconded by K. Hakoda THAT Application No. A278/00, CENTRE-SHIM CORP., be STOOD DOWN, until the end of the meeting. CARRIED 14. FILE NO. A280/00 GUIDO & NANCY COSENTINI Lot 34, Registered Plan 65M-3095, ( Lot 24, Concession 4), municipally known as 29 Kettle Court, Maple. By-law 1-88 zones this parcel "R3" Residential, Schedule T-95.

16 MINOR VARIANCE PUBLIC HEARING: CONT D FILE NO. A280/00 GUIDO & NANCY COSENTINI The purpose of this application is to request a variance to permit the maintenance of a fireplace foundation encroachment, to an existing two-storey single family detached dwelling, with an attached garage, notwithstanding the sideyard setback is 0.6m, rather than the Bylaw requires sideyard setback of 1.2m. Mike Ricardi, Fernbrook Homes, the agent, appeared, and had nothing to add to the request. Shawn Briffa, 15 Kettle Court, Maple, Ontario, L6A 7M2, appeared and had concerns that it might be necessary that all the homes with fireplace foundations need a minor variance. The Committee advised that if this was the case, the lawyer for the homeowner should have noted this upon closing. Mike Ricardi responded by saying that only 29 Kettle Court had this encroachment. There was no one else in attendance either in support of or in opposition to the request. There were no objections from any Departments or Agencies. The Committee is of the opinion that the variance sought can be considered minor and is desirable for the appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will be maintained. MOVED by K. Hakoda Seconded by T. DeCicco THAT Application No. A280/00, GUIDO & NANCY COSENTINI, be APPROVED. 15. FILE NO. A283/00 FRANK PERROTTI Lot 327, Registered Plan No. 65M-2086, (Lot 21, Concession 4,) municipally known as 98 Marwood Place, Maple. By-law 1-88 zones this parcel "R2" Residential. The purpose of this application is to request a variance to permit the maintenance of a covered/unenclosed patio, to an existing two-storey single family detached dwelling, with an attached garage, notwithstanding the minimum rear yard setback is 4.10m, rather than the By-law requires minimum rear yard setback of 7.50m. Frank Perrotti, the owner, appeared and advised the Committee that he had spoken with his neighbour to the rear of his property and that his neighbour was in support and present in the audience. Joseph Galanti, 80 Marwood Place, Maple, Ontario, L6A 1C5, Mr. Perrotti s neighbour to the rear of his property appeared and advised that he was in support of the application. There was no one else in attendance either in support of or in opposition to the request. Page 16 of 27

17 There were no objections from any Departments or Agencies. MINOR VARIANCE PUBLIC HEARING: CONT D FILE NO. A283/00 FRANK PERROTTI The Committee is of the opinion that the variance sought can be considered minor and is desirable for the appropriate development and use of the land. The general intent and purpose of the Bylaw and the Official Plan will be maintained. MOVED by K. Hakoda Seconded by S. Perrella THAT Application No. A283/00 FRANK PERROTTI be APPROVED. 16. FILE NO. A285/00 PETRU & ANGELA CERNAT Lot 55, Registered Plan 65M-3162 (Part of Lot 25, Concession 3), municipally known as 2 Rosanna Crescent, Maple. By-law 1-88 zones this parcel R3, Residential. The purpose of this application is to request a variance to permit the maintenance of an existing accessory building, (shed ), notwithstanding, the minimum rear yard setback to the shed is 1.2m, rather than the By-law requires the minimum rear yard setback to the shed to be 9.0m. A letter of opposition was received from Bruno & Loredana Foti, 373 St. Joan of Arc Avenue, Maple, Ontario, L6A 2T3 and presented to the Committee before the meeting began. Petru Cernat, the applicant, appeared and stated he was concerned that his neighbour at 373 St. Joan of Arc Avenue had submitted a letter in opposition, as he had spoken to other neighbours who were in support of his request. The Committee stated they were concerned about the impact this application had on his neighbour. Bruno and Loredana Foti, 373 St. Joan of Arc Avenue, Maple, Ontario, L6A 2T3, presented photos and expressed the concerns of close proximity, shed height, and the natural flow of sunlight being blocked from their property. The Committee asked Mr. Cernat if he would consider reducing the shed height to which he stated no. There was no one else in attendance either in support of or in opposition to the request. The Community Planning Department made the following written comments: The Planning Dept. questions the minor nature of this application. There were no other objections from any Departments or Agencies and any conditions requested are listed below. Page 17 of 27

18 MINOR VARIANCE PUBLIC HEARING: CONT D FILE NO. A285/00 PETRU & ANGELA CERNAT The Committee is of the opinion that the variance sought cannot 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 T. DeCicco Seconded by K. Hakoda THAT Application No. A285/00, PETRU & ANGELA CERNAT, be REFUSED. 17. FILE NO. A286/00 VAUGHAN TITLEHOLDER, L.L.C. Lots 11, 12, 13,and 14, Block 18, Registered Plan No. 65M-3419, (Lots 12 & 13, Concession 4), municipally known as Creditstone Road. By-law 1-88 zones this parcel AEM2" Restricted General Employment Area (Large Lot). The purpose of this application is to request a variance to permit the construction of a proposed warehouse/distribution centre, notwithstanding the amount of parking spaces will be 218, rather than the By-law requires the amount of parking spaces to be 556 based on 1 space per 100m 2. Gary Heine, Johnson,Sustronk,Weinstein & Associates, appeared on behalf of the applicant and had nothing to add to the application. 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 S. Perrella Seconded by K. Hakoda THAT Application No. A286/00, VAUGHAN TITLEHOLDER, L.L.C., be APPROVED. 18. FILE NO. A287/00 PAT MILANO Lot 11, Registered Plan 65R-15434, (Lot 26, Concession 5), municipally known as 101 Abbruzze Court, Woodbridge. Page 18 of 27

19 By-law 1-88 zones this parcel ARR" Rural Residential Zone. MINOR VARIANCE PUBLIC HEARING: FILE NO. A287/00 PAT MILANO CONT D.. The purpose of this application is to request a variance to permit the construction of a proposed one and a half storey three car garage to a one and a half storey single family dwelling; notwithstanding the lot coverage will be 11% rather than the By-law requires the lot coverage to be 10%. Stan Sota, the agent, appeared and had nothing to add to the application. Vito Papasodaro, 83 Elmcrest Road, Etobicoke, Ontario, M9C 3R7, owner of Lot 10, 106 Abbruzze Court, wanted clarification of driveway lines and was reassured by Stan Sota that there was no encroachment. There was no one else in attendance either in support of or in opposition to the request. There were no objections from any Departments or Agencies. The Committee is of the opinion that the variance sought can be considered minor and is desirable for the appropriate development and use of the land. The general intent and purpose of the Bylaw and the Official Plan will be maintained. MOVED by K. Hakoda Seconded by S. Perrella THAT Application No. A287/00, PAT MILANO, be APPROVED. 19. FILE NO:A288/00 (PERMISSION) ONTARIO REALTY CORP. (MANAGEMENT BOARD SECRETARIAT) c/o CITY OF VAUGHAN Part of Lots 3 & 4, Concession 8, located at Martin Grove Road, South of Highway No. 7, East \ Side. By-law 1-88 zones this parcel PB1" Parkway Belt Open Space. The purpose of this application is to request permission for use of land, to be used a a temporary vegetable stand and to also permit agricultural use on the lands, notwithstanding buildings or structures, including a temporary vegetable stand, and agricultural use on the lands is currently not permitted. Joe Paglia, the agent, appeared and had nothing to add to the application. There were no objections from any Departments or Agencies and any conditions requested are listed below. Page 19 of 27

20 MINOR VARIANCE PUBLIC HEARING: CONT D.. FILE NO:A288/00 (PERMISSION) ONTARIO REALTY CORP. (MANAGEMENT BOARD SECRETARIAT) c/o CITY OF VAUGHAN The Committee is of the opinion that the permission 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. Hakoda Seconded by S. Perrella THAT Application No. A288/00, ONTARIO REALTY CORP. (MANAGEMENT BOARD SECRETARIAT) c/o CITY OF VAUGHAN, be APPROVED subject to the following conditions: 1. That the applicant obtain a building permit, if required, to the satisfaction of the Building Standards Department; 2. That 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; 20. FILE NO:A290/00 EPHRAIM & SUSAN DLOOMY Lot 49, Registered Plan No. 65M-2941, (Lot 28, Concession 1,) municipally known as 164 Theodore Place, Thornhill. By-law 1-88 zones this parcel R3" Residential. The purpose of this application is to request a variance to permit the maintenance of an uncovered/unenclosed deck/stairs to an existing two-storey & loft single family detached dwelling, with an attached garage, notwithstanding, the minimum rear yard setback to uncovered/unenclosed deck/stairs is 4.8m, rather than the By-law requires minimum rear yard setback to uncovered/unenclosed deck/stairs of 5.7m. Susan Dloomy, the owner, appeared and had nothing to add to the application. 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 Bylaw and the Official Plan will be maintained. MOVED by T. DeCicco Seconded by K. Hakoda Page 20 of 27