The Minutes of the 21ST Meeting of the Vaughan Committee of Adjustment for the year 2007 THURSDAY, OCTOBER 25, :00p.m.

Transcription

1 The Minutes of the 21ST Meeting of the Vaughan Committee of Adjustment for the year 2007 THURSDAY, OCTOBER 25, :00p.m. Present at the meeting were: M. Mauti - Chair L. Fluxgold Vice Chair M.S. Panicali Members of Staff present: Todd Coles, Secretary-Treasurer Lenore Providence, Assistant to the Secretary-Treasurer Ryan Mino, Planner Craig Coulter, Plans Examiner INTRODUCTION OF ADDENDUM REPORTS MOVED by L. Fluxgold Seconded by M.S. Panicali That the addendum reports be incorporated into the minutes and be on view at the back of the room in the Report Book. DISCLOSURE OF PECUNIARY INTEREST None. ADOPTION OR CORRECTION OF MINUTES MOVED by L. Fluxgold Seconded by M. Mauti THAT the minutes of the Committee of Adjustment Meeting of Thursday, October 11, 2007, be adopted as circulated. It should be noted that M.S. Panicali was not present at the October 11, 2007 meeting and did not take part in the adoption of the minutes. ADJOURNMENTS AND/OR DEFERRALS MOVED by L. Fluxgold Seconded by M.S. Panicali On October 25, 2007, Ms. Rosemarie Humphries, the agent, ed a request, that Item# 22, FILE NO. A371/ ONTARIO INC., be adjourned to the November 8, 2007 meeting, concurring with the Development Planning Departments recommendation to await the Region of York Transportation and Works Departments comments. On October 23, 2007, Mr. Joe Di Iulio, the owner ed a request, that Item# 23, FILE NO. A373/07 NORWOOD PLAZA INC., be adjourned to the November 22, 2007 meeting, as a result of a late submission of a Site Plan Amendment application. Page 1 of 22

2 ADJOURNMENTS AND/OR DEFERRALS THAT Item# 22, FILE NO. A371/ ONTARIO INC., be adjourned to the November 8, 2007 meeting. THAT Item# 23, FILE NO. A373/07 NORWOOD PLAZA INC., be adjourned to the November 22, 2007 meeting. ADMINISTRATIVE CORRECTIONS NONE. MINOR VARIANCE PUBLIC HEARING: (Previously adjourned from the August 23, 2007 & September 20, 2007 Meetings) 1. FILE NO.: A329/07 ENIGMA LAND LTD., ALLA PAULOVSKAIA LOCATION Part of Lot 1, Concession 6, (municipally known as 4342 Steeles Ave. West, Woodbridge.) PROPOSAL The subject lands are zoned EM1, under By-law 1-88 as amended and further subject to Exception 9(307). The purpose of this application is to request a variance to permit the use of motorcycle sales and service, to a two storey building, as follows: Proposal: To allow sales and service of motorcycles. By-Law Requirements: Sales and service of motorcycles is not permitted. Dano Sahulka, of Tibollo & Associates, Professional Corporation, Barristers and Solicitoros, 920 Yonge Street, Suite 900, Toronto,Ontario, M4W 3C7, appeared as the agent and spoke on behalf of the applicant. There was no one in attendance either in support of or in opposition to the request. On October 25, 2007, a fax was received from Dano Sahulka, of Tibollo & Associates, Professional Corporation, Barristers and Solicitoros, 920 Yonge Street, Suite 900, Toronto,Ontario, M4W 3C7, advising that the Dan Sahulka will speak for the applicant, accompanied by Joe Linardi, the agent on record and another representative for the applicant. There were no NEW comments/objections from any Departments or Agencies. PREVIOUSLY SUBMITTED: A request for decision was received from G. G. Piccin, (representing the Condo Corporation) 4370 Steeles Ave., West, Suite 201, Woodbridge, Ontario, L4L 4Y4, who appeared in opposition to the request. And Paul Bottos, of Piccin, Bottos, 4370 Steeles Ave., West, Suite 201, Woodbridge, Ontario, L4L 4Y4 Page 2 of 22

3 MINOR VARIANCE PUBLIC HEARING: (Previously adjourned from the August 23, 2007 & September 20, 2007 Meetings) 1. FILE NO.: A329/07 ENIGMA LAND LTD., ALLA PAULOVSKAIA PREVIOUSLY SUBMITTED: A letter of support was received on September 20, 2007 from Ralph Chiodo, 580 Evans Avenue, Toronto, Ontario, M8W 2W1. A letter with photos, was received on September 20, 2007 after 4:30pm, from Piccin, Bottos, Barristers & Solicitors, 4370 Steeles Ave. West, Suite 201, Woodbridge, Ontario, L4L 4Y4, informing the Committee that the sign was not the proper size and that it was not legible from the street line. On September 19, 2007, the Development Planning Department sent revised comments again in support of the application and stated the following: The above-noted variance application was adjourned at the Meeting of August 23, 2007 to allow the Development Planning and Building Standards Department s to review past history information to determine if the sales and service of motorcycles was specifically excluded during the rezoning of the property in Exception 9(307). The Development Planning Department reviewed Zoning By-law Amendment Application Z and notes that the application was to permit the sales and service of automobiles. The review of the indicated that there was nothing that would have specifically excluded the use of the subject lands for the sale and service of motorcycles. Generally, By-law 1-88 makes reference to a motor vehicle which is a permitted use within certain zones, and not individual modes of transportation including a car or motorcycle. The definition of a Motor Vehicle contained within By-law 1-88, is consistent with the definition of a Motor Vehicle stipulated in the Motor Vehicle Dealers Act, which includes both cars and motorcycles as modes of transportation which are similar in nature and character. The intent of the site-specific Exception 9(307) is to permit the sales and service of cars on the subject lands. When considering the definition of a Motor Vehicle within both By-law 1-88 and the Motor Vehicle Dealers Act, it would appear that the intent of the Exception to permit car sales and service on the subject lands could be considered to be similar and consistent with the sale and service of motorcycles as a similar and consistent use, and therefore appropriate for 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 M. S. Panicali THAT Application No. A329/07 ENIGMA LAND LTD., ATTEN: ALLA PAULOVSKAIA, be APPROVED, in accordance with the sketch attached. Page 3 of 22

4 MINOR VARIANCE PUBLIC HEARING: Previously adjourned from the October 11, 2007 meeting. 2. FILE NO: A355/07 CALOGERO SPANO LOCATION Part of Lot 18, Concession 7, (Part of Blocks 50 & 64, Registered Plan No. 65M-3532, municipally known as 56 Canada Company Avenue, Woodbridge). PROPOSAL The subject lands are zoned RUV1, Residential under By-Law 1-88 as amended and further subject to exception 9(1102). The purpose of this application is to request a variance to permit the construction of a proposed two storey single family detached dwelling with attached garage as follows: Proposal: 1. A maximum garage projection of 13.41m. By-Law Requirements: 1. A maximum garage projection of 4.5m. Dan Lacroix, the agent, appeared on behalf of the applicant. During discussions, the Committee agreed to adjourn the application to the next meeting at Mr. Lacroix request. The application will require re-circulation and a new hearing, as Mr. Lacroix, met with the neighbour and agreed to flip the orientation of the house. There was no one in attendance either in support of or in opposition to the request. There were no NEW comments/objections from any Departments or Agencies. PREVIOSULY SUBMITTED: On October 11, 2007, a request for the decision was received from Artur Kopec & Anetta Bielak, 1380 Clarence Street, Woodbridge, Ontario, L4H 1M7, who had appeared in opposition to the request. MOVED L. Fluxgold Seconded by M. S. Panicali THAT Application No. A355/07 CALOGERO SPANO, be ADJOURNED, to the NOVEMBER 22, 2007 MEETING. Page 4 of 22

5 CONSENT AND MINOR VARIANCE PUBLIC HEARING: 3. FILE NOS.: B085/07 TO A088/07 AND A362/07, A372/07 to VALLEY MILL DEVELOPMENTS LTD. 8. LOCATION Part of Lot 15, Concession 5, (municipally known as 9101 & 9121 Weston Road, 3681, 3711, & 3737 Rutherford Road, Woodbridge). PROPOSALS: B085/07 - The purpose of this application is to request the consent of the Committee of Adjustment to convey a parcel of land for the purpose of creating a new lot, for commercial purposes, together with all required easements and right-of-ways, if required, and retain the land for future employment uses. The subject lands are zoned A, Agricultural under By-law 1-88 as amended. The severed lands have the required lot frontage and area. The retained lands have the required lot frontage but not the requested lot area. A362/07 The applicant is requesting variances to facilitate the severance of the total lands (B085/07 retained lands only) as follows: Proposal: 1. Shared access with lands to the west 2. Minimum lot area 7.5 ha 3. Minimum interior side yard setback 1.0m By-Law Requirements: 1. Access to be located on the lot 2. Minimum lot area 10ha 3. Minimum interior side yard setback 9.0m B086/07 - The purpose of this application is to request the consent of the Committee of Adjustment to grant an easement, in favour of the lands to the WEST, for access purposes and retain the lands for commercial / employment purposes. The subject lands are zoned A, Agricultural under By-law 1-88 as amended. The severed lands have the required lot frontage and area. The retained lands have the required lot frontage but not the requested lot area. B087/07 - The purpose of this application is to request the consent of the Committee of Adjustment to grant a mortgage on the land, for mortgage purposes and retain the lands for commercial / employment purposes. The subject lands are zoned C4, Highway Commercial and further subject to Exception (1088) under By-law 1-88 as amended. The severed and retained lands have the required lot frontage and lot area. A372/07 The applicant is requesting a variance to facilitate the consent application (B087/07) mortgage as follows: Proposal: 1. Access not located on the lands By-Law Requirements: 1. Access to be located on the lands B088/07 - 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 for commercial purposes and retain the lands for future commercial and employment purposes. Page 5 of 22

6 CONSENT AND MINOR VARIANCE PUBLIC HEARING: 3. FILE NOS.: B085/07 TO A088/07 AND A362/07, A372/07 to VALLEY MILL DEVELOPMENTS LTD. 8. The subject lands are zoned C4, Highway Commercial and further subject to Exception (1166A) under By-law 1-88 as amended. The severed and retained lands have the required lot frontage and lot area. Page 6 of 22 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 Applications B085/07 to B088/07 Were heard in conjunction with Minor Variance Applications. Minor Variance Applications A362/07 & A372/07 Were heard in conjunction with Consent Applications. Zoning By-law Amendment Z & Z Approved Site Plan Application DA & DA Approved Zoning Application Z for temporary use, being processed Consent File Nos. B56/00, B57/00 Approved August 31, 2000 Consent File No. B53/03 Approved June 12/03 Lease in excess of 21 years for Cara Operations Limited). Gary Templeton, the agent, appeared on behalf of the applicant. There was no one in attendance either in support of or in opposition to the request. There were no comments/objections from any Departments or Agencies and any conditions requested are listed below. THAT Application No. B085/07 VALLEY MILL DEVELOPMENTS LTD., 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. 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 City of Vaughan (Reserves & Investments Department; contact Terry Liuni to have this condition cleared.) 2. That the owner shall pay all taxes as levied, if required, to the satisfaction of the Reserves & Investments Department. Payment shall be made by certified cheque; (contact Terry Liuni in the Reserves & Investments Department to have this condition cleared). 3. That Minor Variance File No. A362/07 VALLEY MILL DEVELOPMENTS LTD., be approved; 4. The applicant shall provide the City of Vaughan with an appraisal report and valuation of the subject land, (land only) to be prepared by an accredited appraiser, if required. Payment of a Parkland levy to the City in lieu of the deeding of land for park purposes shall be made if a new lot is being created. Said levy is to be 2% of the appraised market value of the subject land as of the date of the Committee of Adjustment giving notice to the Applicant of the herein decision. Said levy shall be approved by the Manager of Real Estate. Payment shall be made by certified cheque only. 5. 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 the application submitted and which shows the dimensions and areas of each part shown on the plan;

7 CONSENT AND MINOR VARIANCE PUBLIC HEARING: 3. FILE NOS.: B085/07 TO A088/07 AND A362/07, A372/07 to VALLEY MILL DEVELOPMENTS LTD 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; 7. A fee of $ made payable to the Treasurer City of Vaughan shall, be submitted to the Secretary Treasurer for the issuance of the Certificate/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; 8. Prior to the issuance of a building permit, if required, the applicant shall fulfil and comply with all of the above noted consent conditions; 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; THAT Application No. B086/07 VALLEY MILL DEVELOPMENTS LTD., 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 & Investments Department. Payment shall be made by certified cheque; (contact Terry Liuni in the Reserves & Investments Department to have this condition cleared). Page 7 of 22

8 CONSENT AND MINOR VARIANCE PUBLIC HEARING: 3. FILE NOS.: B085/07 TO A088/07 AND A362/07, A372/07 to VALLEY MILL DEVELOPMENTS LTD That the applicant provide to the Secretary Treasurer a letter of undertaking, stating that the easement in question is in favour of the lands to the WEST; 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 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; THAT Application No. B087/07 VALLEY MILL DEVELOPMENTS LTD., 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 & Investments Department. Payment shall be made by certified cheque; (contact Terry Liuni in the Reserves & Investments Department to have this condition cleared). 2. That Minor Variance Application File No. A372/07 VALLEY MILL DEVELOPMENTS LTD., BE APPROVED. 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; Page 8 of 22

9 CONSENT AND MINOR VARIANCE PUBLIC HEARING: 3. FILE NOS.: B085/07 TO A088/07 AND A362/07, A372/07 to VALLEY MILL DEVELOPMENTS LTD 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; 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 $145.00, provided all conditions of approval have been fulfilled and all required documents are submitted by 11:30 am that day; 8. Prior to the issuance of a building permit, if required, the applicant shall fulfil and comply with all of the above noted consent conditions; THAT Application No. B088/07 VALLEY MILL DEVELOPMENTS LTD., 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 & Investments Department. Payment shall be made by certified cheque; (contact Terry Liuni in the Reserves & Investments 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; Page 9 of 22

10 CONSENT AND MINOR VARIANCE PUBLIC HEARING: 3. FILE NOS.: B085/07 TO A088/07 AND A362/07, A372/07 to VALLEY MILL DEVELOPMENTS LTD 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; 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. THAT Application No. A362/07 VALLEY MILL DEVELOPMENTS LTD., be APPROVED, in accordance with the sketch attached, subject to the following conditions; 1. That Consent Application File No. B085/07 VALLEY MILL DEVELOPMENTS LTD., be APPROVED. 2. That if the condition(s) listed above is/are 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.) 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. THAT Application No. A372/07 VALLEY MILL DEVELOPMENTS LTD., be APPROVED, in accordance with the sketch attached, subject to the following conditions; 1. That Consent Application File No. B087/07 VALLEY MILL DEVELOPMENTS LTD., be APPROVED. 2. That if the condition(s) listed above is/are 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 10 of 22

11 CONSENT PUBLIC HEARING: 9. FILE NO.: B089/07 ANNA VALENTE LOCATION Part of Lot 26, Concession 1, Part of Lot 50, Plan No. M-3205, (located on Townsgate Drive, rear of 161 & 163 Crestwood Road, Thornhill.) PROPOSAL The purpose of this application is to request the consent of the Committee of Adjustment to convey a parcel of land for the purpose of creating a new lot, for residential purposes, together with all required easements and right-of-ways, if required, and retain the lands for residential purposes. The subject lands are zoned R3-H, Residential Zone Three with a Holding zone provision subject to Exception 9(735) under By-Law 1-88 as amended. The subject and retained lands are currently vacant. Single family detached dwellings are proposed. Other Planning Act Applications The land which is the subject in this application was also the subject of another application under the Planning Act: Minor Variance File No. V-71-4 REFUSED April 27, 1971 for a sideyard requirement. Consent Public Hearing File Nos. B044/90, B045/90 - APPROVED - May 3, 1990 for creation of new lots fronting on to the proposed Townsgate Dr., (land locked) Certificates not issued FILES LAPSED. Consent Public Hearing File No. B89/00 APPROVED November 23, 2000 for an addition to the west. Certificate issued May 17, Minor Variance File No. A284/00 - APPROVED November 23, 2000 for sideyard setback to the chimney pilaster, in conjunction with B89/00.(retained lands.) Consent Public Hearing File Nos. B33/98, B34/98 APPROVED April 8, 1998, for the creation of new lots. APPEALED TO THE OMB APPROVAL RENDERED SEPT. 21, 1998, FURTHER AMENDED BY THE OMB SEPT. 20, CERTIFICATES ISSUED SEPT. 30, Minor Variance (in conjunction with B33/98, B34/98) File Nos. A79/98, A80/98 APPROVED April 8, 1998, APPROVED AS AMENDED AT THE OMB. SEPT. 20, Guido Valente, the agent, appeared on behalf of the applicant. There was no one in attendance either in support of or in opposition to the request. There were no comments/objections from any Departments or Agencies and any conditions requested are listed below. MOVED by L. Fluxgold Seconded by M. S. Panicali THAT Application No. B089/07 - ANNA VALENTE & GUIDO VALENTE, 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. Page 11 of 22

12 CONSENT PUBLIC HEARING: 9. FILE NO.: B089/07 ANNA VALENTE 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 City of Vaughan (Reserves & Investments Department; contact Terry Liuni to have this condition cleared.) 2. That the owner shall pay all taxes as levied, if required, to the satisfaction of the Reserves & Investments Department. Payment shall be made by certified cheque; (contact Terry Liuni in the Reserves & Investments Department to have this condition cleared). 3. The applicant shall provide the City of Vaughan with an appraisal report and valuation of the subject land, (land only) to be prepared by an accredited appraiser, if required. Payment of a Parkland levy to the City in lieu of the deeding of land for park purposes shall be made if a new lot is being created. Said levy is to be 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. A by-law shall be passed dedicating the 0.3 metre reserve along the Townsgate Drive frontage as public highway to the satisfaction of the Engineering Department and the Owner shall pay the cost of the registration of the road dedication by-law to the City of Vaughan, Clerks Department; 5. 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 the application submitted and which shows the dimensions and areas of each part shown on the plan; 6. Upon fulfilling and complying with all of the above-noted conditions, the Secretary- Treasurer of the Committee of Adjustment must be provided with a letter and 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; 7. A fee of $ made payable to the Treasurer City of Vaughan shall, be submitted to the Secretary Treasurer for the issuance of the Certificate/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; 8. Prior to the issuance of a building permit, if required, the applicant shall fulfil and comply with all of the above noted consent conditions; 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. Page 12 of 22

13 CONSENT PUBLIC HEARING: 9. FILE NO.: B089/07 ANNA VALENTE 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; CONSENT AND MINOR VARIANCE PUBLIC HEARING: 10. FILE NOS.: B090/07 AND A369/07 & M & M HOME OFFICE II 11. LOCATION Part of Lot 8, Concession 5, Registered Plan No. 65M-3606, Block 4, Parts 1,2,3,4, (municipally known as 640 Applewood Cres., Concord.) PROPOSALS B090/07 - The purpose of this application is to request the consent of the Committee of Adjustment to convey a parcel of land for the purpose of creating a new lot, for office purposes, together with all required easements and right-of-ways, if required, and retain the lands sketch for unknown purposes. An office building is proposed on the subject lands. The retained lands are currently vacant. A369/07 - The applicant is requesting a variance to facilitate the severance of the total lands ( Consent Application B90/07 subject lands) in the creation of a new lot for office purposes, as follows: Proposal: 1. Minimum lot frontage 11.8m By-Law Requirements: 1. Minimum lot frontage 65.0m The subject lands are zoned EM1, Prestige Employments Area Zone under By-law 1-88 as amended. Page 13 of 22

14 CONSENT AND MINOR VARIANCE PUBLIC HEARING: 10. FILE NOS.: B090/07 AND A369/07 & M & M HOME OFFICE II 11. 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 Public Hearing File Nos. B002/04, B003/04, B028/04 - APPROVED August 5, 2004 for creation of a new lot, and additions to existing lots. Certificate issued for B003/04 September 29, B002/04 & B028/04 FILES LAPSED. Minor Variance File No. A203/04 - APPROVED August 5, 2004, to facilitate B003/04 with respect to lot frontage. Site Plan Application DA APPROVED as per applicant Page 14 of 22 Paul McCorquidale, the agent, appeared on behalf of the applicant. There was no one in attendance either in support of or in opposition to the request. The Engineering Department made the following written comments: Separate municipal service connections required for the retained property. The Ministry of Transportation made the following written comments: The Ministry has no objection in principle to the minimum lot frontage since this is to a municipal road and to the proposed severance. Please inform the applicant that they are within Ministry of Transportation permit control and will need to have ministry review and approval to obtain a ministry issued building and land use permit and sign permits for any proposed signage visible from Highway 400. To date the applicant has signage visible from Highway 400 without ministry issued sign permits. Please have the applicant contact myself with regard to application forms and fees. In order for the Ministry to review the above application please forward the following: Site Plan (4 copies) Site Servicing and Grading Plan (3 copies) Stormwater Management Report (3 copies) Traffic Impact Study (2 copies) Please note that all final plans are to be stamped and signed by a Professional Engineer. There were no other comments/objections from any Departments or Agencies and any conditions requested are listed below. THAT Application No. B090/07 - M & M HOME OFFICE II, 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. 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 City of Vaughan (Reserves & Investments Department; contact Terry Liuni to have this condition cleared.)

15 CONSENT AND MINOR VARIANCE PUBLIC HEARING: 10. FILE NOS.: B090/07 AND A369/07 & M & M HOME OFFICE II That the owner shall pay all taxes as levied, if required, to the satisfaction of the Reserves & Investments Department. Payment shall be made by certified cheque; (contact Terry Liuni in the Reserves & Investments Department to have this condition cleared). 3. The applicant shall provide the City of Vaughan with an appraisal report and valuation of the subject land, (land only) to be prepared by an accredited appraiser, if required. Payment of a Parkland levy to the City in lieu of the deeding of land for park purposes shall be made if a new lot is being created. Said levy is to be 2% of the appraised market value of the subject land as of the date of the Committee of Adjustment giving notice to the Applicant of the herein decision. Said levy shall be approved by the Manager of Real Estate. Payment shall be made by certified cheque only. 4. That the corresponding Minor Variance Application A369/07 - M & M HOME OFFICE II, be approved; 5. The Development Planning Department requires the applicant to register easements and obtain the appropriate additional variances over both the severed lands and the retained lands in favour of the retained lands and the severed lands for parking and access purposes, subject to the satisfaction of the Development Planning Department; 6. The owner has to provide a copy of mutual agreement for the shared access and municipal servicing between the severed and retained property, if required, to the satisfaction of the Engineering Department; 7. 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 the application submitted and which shows the dimensions and areas of each part shown on the plan; 8. Upon fulfilling and complying with all of the above-noted conditions, the Secretary- Treasurer of the Committee of Adjustment must be provided with a letter 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; 9 A fee of $ made payable to the Treasurer City of Vaughan shall, be submitted to the Secretary Treasurer for the issuance of the Certificate/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; 10. Prior to the issuance of a building permit, if required, the applicant shall fulfil and comply with all of the above noted consent conditions; Page 15 of 22

16 CONSENT AND MINOR VARIANCE PUBLIC HEARING: 10. FILE NOS.: B090/07 AND A369/07 & M & M HOME OFFICE II 11. 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; 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. THAT Application No. A369/07 M & M HOME OFFICE II, be APPROVED, in accordance with the sketch attached and subject to the following conditions; 1. The Development Planning Department requires the applicant to register easements and obtain the appropriate additional variances over both the severed lands and the retained lands in favour of the retained lands and the severed lands for parking and access purposes, subject to the satisfaction of the Development Planning Department; 2. That the corresponding Consent Application B090/07 M & M HOME OFFICE II, be approved; 3. That if the conditions listed above are 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 16 of 22

17 MINOR VARIANCE PUBLIC HEARING: 12. FILE NO.: A361/07 CARPENTER CANADA CO. Page 17 of 22 LOCATION Part of Lot 1, Concession 6, (Part of Lots 19 and 20, Registered Plan M-2009, municipally known as 490 and 500 Hanlan Road, Woodbridge). PROPOSAL The subject lands are zoned EM2, General Industrial Zone under By-Law 1-88 as amended. The applicant is requesting a variance to permit the construction of a proposed one-storey addition to an existing one-storey industrial building, notwithstanding, the proposed changes to the existing By-Law & current By-Law requirements are as follows: Proposal: 1. Minimum parking provided 187 spaces. By-Law Requirements: 1. Minimum parking required 556 spaces. 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 File: A44/95 APPROVED February 23/95, To permit 376 parking spaces NOT 463 FILE LAPSED conditions not fulfilled. Tom Plamondon, the agent, appeared on behalf of the applicant. During discussions between the agent and the Committee, the Committee mentioned, and Mr. Plamondon agreed, to the Committee adding a condition restricting the variances to the sole benefit of the current owner. There was no one in attendance either in support of or in opposition to the request. The Building Standards Department made the following written comments: Application A44/95 was approved by the Committee of Adjustment on February 23 rd, This application granted permission to construct an addition to an existing industrial building with 376 parking spaces provided whereas the by-law required a minimum of 463 parking spaces be provided. A site visit has confirmed that the existing site is not in compliance with the approved site plan. (Re: parking spaces, outside storage etc.) There were no other comments/objections from any Departments or Agencies and any condition requested are listed below. The Committee is of the opinion that the variance sought can be considered minor and is desirable for the appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will be maintained. THAT Application No A361/07, CARPENTER CANADA CO., be APPROVED, in accordance with the sketch attached and subject to the following conditions: 1. Parking spaces as well as all parking areas shall be paved with hot-mix asphalt and parking spaces shall be clearly delineated, if required, to the satisfaction of the Building Standards Department; 2. The parking areas and spaces shall be provided as shown on the attached sketch, if required, to the satisfaction of the Building Standards Department;

18 MINOR VARIANCE PUBLIC HEARING: 12. FILE NO.: A361/07 CARPENTER CANADA CO. 3. All outside storage including trailers shall be removed from the front yard, if required, to the satisfaction of the Building Standards Department; 4. The owner/applicant shall request a site inspection be conducted by the Building Standards Department Zoning Section within one year of the decision of the Committee to ensure conditions 1, 2, & 3 have been completed, if required, to the satisfaction of the Building Standards Department. 5. That the variance shall only apply to the current owner; 6. That if the conditions listed above is not fulfilled and the Building Permit, if required, 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.). 13. FILE NO.: A365/07 RUDOLF NUDEL AND RAKHILYA ABRAMOVA LOCATION Part of Lot 12, Concession 2, (Lot 248, Registered Plan 65M Municipally known as 62 Hendel Drive, Thornhill). PROPOSAL The subject lands are zoned RV3 (WS) under By-Law 1-88 as amended and further subject to exception 9(1063) The applicant is requesting variances to permit the maintenance of an air conditioning unit and an existing wooden deck, at the rear 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) A minimum rear yard setback of 2m to a deck. 2) A minimum interior side yard setback of 0.48m to an AC unit. By-Law Requirements: 1) A minimum rear yard setback of 4.2m to a deck. 2) A minimum interior side yard setback of 1.2m to an AC unit. Rudolf (Rudyk) Nudel, the applicant appeared on his own behalf. There was no one in attendance either in support of or in opposition to the request. Letters of support were received from the following people: John Sun, 100 Couture Gardens, Thornhill, Ontario, L4J 9H6; Esteban De Bernardis, 106 Couture Gardens, Thornhill, Ontario, L4J 9H6; Elena Znamenski, 110 Couture Gardens, Thornhill, Ontario, L4J 9H6; Sharon Bimbat, 114 Couture Gardens, Thornhill, Ontario, L4J 9H6;Simona Mazat 120 Couture Gardens, Thornhill, Ontario, L4J 9H6; Rose Bouaziz 138 Couture Gardens, Thornhill, Ontario, L4J 9H6; Joshua Ho, 130 Couture Gardens, Thornhill, Ontario, L4J 9H6; Mikhail Sevastian, 124 Couture Gardens, Thornhill, Ontario, L4J 9H6; Vadim Zevlever, 58 Hendel Drive, Thornhill, Ontario, L4J 9H7; Marty Kateberg, 54 Hendel Drive, Thornhill, Ontario, L4J 9H7; Jori Weisblatt, 66 Hendel Drive, Thornhill, Ontario, L4J 9H7; Michael Berkovitz, 64 Hendel Drive, Thornhill, Ontario, L4J 9H7; A request for decision was received from Lou Bartella, 587 Hanlan Road, Woodbridge, Ontario L4L 4R8. Page 18 of 22

19 MINOR VARIANCE PUBLIC HEARING: 13. FILE NO.: A365/07 RUDOLF NUDEL AND RAKHILYA ABRAMOVA Page 19 of 22 There were no comments/objections from any Departments or Agencies. The Committee is of the opinion that the variances sought can be considered minor and are desirable for the appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will be maintained. THAT Application No A365/07, RUDOLF NUDEL AND RAKHILYA ABRAMOVA, be APPROVED, in accordance with the sketch attached 14. FILE NO.: A367/07 ROBERT MORRIS & DORIS DELADERIERE-MORRIS LOCATION Part of Lot 2, Concession 2, (Lot 140, Plan No. M-1924, municipally known as 44 Gilmore Cres., Thornhill.) PROPOSAL The subject lands are zoned R4, Residential Zone Four and subject to the provisions of Exception 9(466) under By-law 1-88 as amended. The applicants are requesting a variance to permit the construction of a rear yard deck, to a two storey single family detached dwelling with attached garage, as follows: Proposal: 1. To permit a rear yard setback of 4.26 metres to the proposed deck. By-Law Requirements: 1. A minimum rear yard setback of 5.7 metres is required to a deck. Robert Morris, the applicant, appeared on his own behalf. There was no one in attendance either in support of or in opposition to the request. At the time of submitting the application, Mr. Morris submitted photographs to illustrate the request. The Building Standards Department made the following written comments: The existing accessory building as shown on the site plan drawing shall have a maximum floor area of 8 square metres, and shall not exceed 2.5 metres in height. There were no other comments/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. THAT Application No. A367/07 ROBERT MORRIS & DORIS DELADERIERE-MORRIS, be APPROVED, in accordance with the sketch attached;

20 MINOR VARIANCE PUBLIC HEARING: 15. FILE NO.: A368/07 JOANNE MAUTI LOCATION Part of Lot 6, Concession 7, (Part of Lot 2 and Lot 3, Plan No. M-515, municipally known as 128 Wallace Street, Woodbridge.) PROPOSAL The subject lands are zoned R3, Residential under By-Law 1-88 as amended. The applicant is requesting variances to permit the construction, continued construction and maintenance, of driveways, curb cuts, existing two storey rear yard concrete/frame pool house, and existing three storey single family detached dwelling with attached garage, as follows: Proposal: 1) Two driveways with maximum widths of 6.8m and 9.1m. 2) Two curb cuts with maximum widths of 6.8m and 9.1m. 3) A minimum of 47.3% front yard landscaping. 4) A minimum interior sideyard setback of 1.174m to the pool house. 5) A minimum interior sideyard setback of 0.94m to the dwelling stairs. By-Law Requirements: 1) A single driveway with a maximum width of 9m on the lot and 6m at the curb. 2) A single curb cut with a maximum width of 6m. 3) A minimum of 50% front yard landscaping. 4) A minimum interior sideyard setback of 1.2m to the pool house. 5) A minimum interior sideyard setback of 1.2 m to the dwelling stairs. Other Planning Act Applications The land which is the subject in this application was also the subject of another application under the Planning Act: Minor Variance File No. A044/01 APPROVED February 22, 2001 for the original curb cut. Page 20 of 22 Ron Mauti, the agent appeared on behalf of the applicant, his wife. There was no one in attendance either in support of or in opposition to the request. There were no comments/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 M. S. Panicali THAT Application No. A368/07 JOANNE MAUTI, be APPROVED, in accordance with the sketch attached and subject to the following conditions; 1. That the applicant successfully obtain and Ontario Regulation 166/06 permit from the TRCA for the proposed driveway and associated grading works; 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.)