The Minutes of the 21st Meeting of the Vaughan Committee of Adjustment for the year 2003 THURSDAY, NOVEMBER 27, :05 p.m.

Transcription

1 The Minutes of the 21st Meeting of the Vaughan Committee of Adjustment for the year 2003 THURSDAY, NOVEMBER 27, :05 p.m. Present at the meeting were: M. Mauti L. Fluxgold K. Connell Members of Staff present: Dianne E.L. Grout, Secretary-Treasurer Cathy Schanck, Assistant to the Secretary-Treasurer Andrea Egizii, Planner Craig Coulter, Plans Examiner INTRODUCTION OF ADDENDUM REPORTS MOVED by L. Fluxgold Seconded by K. Connell That the addendum reports be incorporated into the minutes and be on view at the back of the room in the Report Book. CARRIED DISCLOSURE OF PECUNIARY INTEREST NONE ADOPTION OR CORRECTION OF MINUTES It should be noted that neither L. Fluxgold nor K. Connell were present at the November 13, 2003 meeting, therefore, the adoption of the minutes is postponed until December 11, CARRIED ADJOURNMENTS AND/OR DEFERRALS A fax was received from Fausto Cortese, Intra Architect Inc., regarding Item #7, Armando Colafranceschi, requesting that the application be adjourned again to December 11, 2003, in order to allow more time to receive their recommendations. A letter was hand delivered by Susan Okom, agent for Mark Odorico, regarding Item #19, Mark Odorico, requesting that the application be adjourned to December 11, 2003, in order to correct the minimum rear yard setback. MOVED by L. Fluxgold Seconded by K. Connell THAT Item # 7, File No. A281/03, Armando Colafranceschi, BE ADJOURNED to the DECEMBER 11, 2003 MEETING. THAT Item # 19, File No. A294/03, Mark Odorico, BE ADJOURNED to the DECEMBER 11, 2003 MEETING. ADMINISTRATIVE CORRECTIONS NONE.

2 MINOR VARIANCE PUBLIC HEARING: (ADJOURNED FROM THE OCTOBER 30, 2003 & NOVEMBER 13, 2003 MEETINGS) 1. FILE NO.: A279/03 DUFCON DEVELOPMENT INC. Part of Lot 10, Concession 3, (Lot 31; Registered Plan M-1801; municipally known as 345 Connie Crescent, Concord). The subject lands are zoned EM1 Prestige Employment Area Abutting Major Roads under By-law 1-88 as amended. Note: Since the time of the original submission of this application, it was determined that an additional variance was required and as a result the application was previously adjourned, first to the November 13, 2003 meeting, and then to the November 27, 2003 meeting as a new Notice of Application was necessary and a re-circulation. The purpose of this application is to request variances to permit the construction of two proposed one storey industrial buildings, notwithstanding, two (2) designated loading/unloading spaces will be located between a building and a street, rather than the By-law does not permit loading and unloading between a building and a street. Also, a reduction in the landscape buffer will be permitted between 6.0m and 0.0m, as per the attached sketch, rather than the required 9.0m buffer strip required abutting Highway #7 and abutting Dufferin Street. Lastly, the rear yard setback to Building B will be 6.0m rather than 12.0m. A sketch is attached illustrating the requests. Brian Martin, appeared as the agent, and had nothing to add to the requests. There were no other objections from any Departments or Agencies. THAT 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. AND THAT Application No. A279/03 DUFCON DEVELOPMENT INC., be APPROVED, in accordance with the sketch. THIS MINOR VARIANCE DECISION IS NOT A BUILDING PERMIT AUTHORIZING CONSTRUCTION UNDER THE BUILDING CODE ACT, R.S.O. 1990, AS AMENDED. A BUILDING PERMIT MAY BE REQUIRED. PLEASE CONTACT THE BUILDING STANDARDS DEPARTMENT IN THE EVENT THAT YOU REQUIRE FURTHER CLARIFICATION.

3 MINOR VARIANCE PUBLIC HEARING: (PREVIOUSLY ADJOURNED FROM THE NOVEMBER 13, 2003 MEETING) 2. FILE NO: A283/03 ROBVIT DEVELOPMENT INC. Part of Lot 15, Concession 3, (Lot 3, Registered Plan 65M-2795, municipally known as 37 Jacob Keefer Parkway, Concord.) The subject lands are zoned C7, Service Commercial, subject to Exception 9(1061) under By-law 1-88, as amended. The purpose of this application is to request variances to permit the continued construction of an two-storey (plus basement) commercial building, notwithstanding, the nature of the proposed variances, the proposed changes to the existing By-law & the current By-law requirements are as follows: VARIANCES PROPOSED BY-LAW REQUIREMENT Deletion of requirement for the loading space Reduction of required parking spaces A sketch is attached illustrating the request. NO LOADING SPACES 143 PARKING SPACES 1 LOADING SPACE 160 PARKING SPACES Other Planning Act Applications The land which is the subject in this application was the subject on an application under the Planning Act for: Consent File No. B83/02 Certificates Issued Mar. 24/03 Creation of a new lot for parking & office purposes. Minor Variances File No. A440/02 Approved Jan 9/03: lot area 6162m 2, shared parking & 7.5m wide joint ingress & egress driveway Minor Variances File No. A441/02 Approved Jan 9/03: lot area 4040 m 2, lot frontage 47m, rear yard setback 7.5m and shared parking & 7.5m wide joint ingress & egress driveway. Goffredo Vitullo appeared as the agent and had nothing to add to the request. There were no other objections from any Departments or Agencies. The Committee is of the opinion that the variances sought can be considered minor and are desirable for the appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will be maintained. MOVED by L. Fluxgold Seconded by K. Connell THAT Application No. A283/03 ROBVIT DEVELOPMENT INC., BE APPROVED, in accordance with the sketch attached. THIS MINOR VARIANCE DECISION IS NOT A BUILDING PERMIT AUTHORIZING CONSTRUCTION UNDER THE BUILDING CODE ACT, R.S.O. 1990, AS AMENDED. A BUILDING PERMIT MAY BE REQUIRED. PLEASE CONTACT THE BUILDING STANDARDS DEPARTMENT IN THE EVENT THAT YOU REQUIRE FURTHER CLARIFICATION. CARRIED

4 MINOR VARIANCE PUBLIC HEARING: 3. FILE NO: FRANK & MARGARET VALENTINI Part of Lot 13, Concession 3, (Lot 58, Registered Plan No. 65M-3511, municipally known as 158 Derrywood Drive, Concord). The subject lands are zoned RV4 (WS), Residential Urban Village Zone Four, subject to Exception 9(1039) under By-Law 1-88, as amended. The purpose of this application is to request a variance to permit the maintenance of an existing covered porch which is attached to an existing single family dwelling, notwithstanding, the rear yard setback to covered porch is 3.1m, rather than the By-law requires the rear yard setback to be 3.6m. A sketch is attached illustrating the request. A fax in support of the application was received on November 25, 2003 from Karine, Marianna, & Levon Garibyan, 102 Huntingfield Street,, L4K 5S3. A fax of support was received November 27, 2003 from Baruch & Zahava Goldrat, 13 shmuel sharira st Risbon Le zion, Israel A petition of support was brought in by Frank Valentini and signed by the following residents: R. Shpitalnki 155 Derrywood Drive, L4K 5S3 Joanne Luong 235 Ten Oaks Boulevard L4K 5S3 Sarah Bartman 98 Huntingfield Street, L4K 5S3 Karine Garibyan 102 Huntingfield Street, L4K 5S3 Anna Lu 106 Huntingfield Street, L4K 5S3 Ashurov Ashur 112 Huntingfield Street, L4K 5S5 David Elester 116 Huntingfield Street, L4K 5S5 Jinwoo Kim 120 Huntingfield Street, L4K 5S5 Ashvin Dedakia 124 Huntingfield Street, L4K 5S5 Dipendra Malhotra 130 Huntingfield Street, L4K 5S5 Winston Langley 126 Derrywood Drive, E. Konorty 124 Derrywood Drive,

5 J. Peter 149 Derrywood Drive, P. Chretien 151 Derrywood Drive, M Deshpande 153 Derrywood Drive, Joe Dibartolomeo 18 Rondeen Road L4K 5S6 Kirti Gandhi 154 Derrywood Drive, B. Halpern 160 Derrywood Drive, L4K 5S3 D. Craescu 156 Derrywood Drive, L4K 5S3 Mike Foorer 152 Derrywood Drive, Stephen Fall 150 Derrywood Drive, L4K 5S3

6 Rick Langer 148 Derrywood Drive, Illana Rapaport 147 Derrywood Drive, Morella Plagakis 146 Derrywood Drive, Ada Rojas 144 Derrywood Drive, Joe Lo Bianco 140 Derrywood Drive, Helena Maximento 142 Derrywood Drive, Anatoly Zilberg 138 Derrywood Drive, Manuel De Sousa 2 Rondeen Road, Frank Valentini, the owner, appeared and had nothing to add to the request. There were no other objections from any Departments or Agencies. The Committee is of the opinion that the variance sought can be considered minor and is desirable for the appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will be maintained. THAT Application No, FRANK & MARGARET VALENTINI, be APPROVED, in accordance with the sketch attached. THIS MINOR VARIANCE DECISION IS NOT A BUILDING PERMIT AUTHORIZING CONSTRUCTION UNDER THE BUILDING CODE ACT, R.S.O. 1990, AS AMENDED. A BUILDING PERMIT MAY BE REQUIRED. PLEASE CONTACT THE BUILDING STANDARDS DEPARTMENT IN THE EVENT THAT YOU REQUIRE FURTHER CLARIFICATION. 4. FILE NO: A285/03 MR. MICHELE CAUTILLO Part of Lot 9, Concession 7, (Part of Lot 5, Registered Plan M Municipally known as 45 Birch Hill Road, Woodbridge). The subject lands are zoned R3 - Residential Zone, under By-Law 1-88, as amended. The purpose of this application is to request variances to permit the construction of a proposed one-storey single family detached dwelling, with the garage attached, notwithstanding, the nature of the proposed variances, the proposed changes to the existing By-law & the current By-law requirements are as follows: Page 6 of 16

7 VARIANCES PROPOSED BY-LAW REQUIREMENT Increased Lot coverage 42.64% 40.00% Reduction in the front yard setback 4.23m 6.4m Reduction in the minimum required parking spaces of a single-family 2 spaces 3 spaces detached dwelling A sketch is attached illustrating the request. On November 27, 2003, The Toronto & Region Conservation Authority sent comments stating no objection to the application but adding a condition if approved. Mr. Michele Cautillo, the owner, appeared and had nothing to add to the requests. There were no other objections from any Departments or Agencies, and any conditions 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. THAT Application No. A285/03 MR. MICHELE CAUTILLO, be APPROVED, in accordance with the sketch attached, and subject to the following conditions: 1. That the applicant successfully obtain an Ontario Regulation 158 permit from the TRCA for the proposed development, prior to the issuance of a municipal building permit, if required to the satisfaction of the Toronto and Region Conservation Authority (TRCA); 2. That if the condition listed above is not fulfilled within (12) months of the date this decision becomes final and binding, the said decision shall expire and shall be deemed to have been annulled and rescinded by the Committee. 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.) VERY IMPORTANT: IT IS THE RESPONSIBILITY OF THE OWNER/APPLICANT AND/OR AGENT TO OBTAIN AND PROVIDE A CLEARANCE LETTER FROM EACH AGENCY AND/OR DEPARTMENT LISTED IN THE CONDITIONS WHETHER IF REQUIRED APPEARS IN THE CONDITION OR NOT AND FORWARD THIS CLEARANCE LETTER TO THE SECRETARY-TREASURER AS SOON AS THE CONDITIONS ARE FULFILLED. FAILURE TO COMPLY WITH THIS PROCEDURE WILL RESULT IN A LETTER BEING FORWARDED BY THE SECRETARY- TREASURER INDICATING THIS FILE HAS LAPSED AND, THEREFORE, WILL NECESSITATE THAT A NEW APPLICATION BE SUBMITTED TO LEGALIZE THIS PROPERTY. THIS MINOR VARIANCE DECISION IS NOT A BUILDING PERMIT AUTHORIZING CONSTRUCTION UNDER THE BUILDING CODE ACT, R.S.O. 1990, AS AMENDED. A BUILDING PERMIT MAY BE REQUIRED. PLEASE CONTACT THE BUILDING STANDARDS DEPARTMENT IN THE EVENT THAT YOU REQUIRE FURTHER CLARIFICATION. 5. FILE NO: A286/03 ACUMEN INVESTMENTS LIMITED Part of Lots 9 & 10, Concession 8, (Block 137, Registered Plan No. 65M-2420, municipally known as 1 Nickel Gate, Units 6 & 7, Woodbridge). The subject lands are zoned C1 Restricted Commercial Zone, subject to Institutional Zone requirements in Schedule A of By-law 1-88, as amended, and further subject to Exception 9(439). The purpose of this application is to request a variance to permit a day nursery totally within the enclosed existing one storey building and is specific for Units 6 & 7 only. Note: Institutional use is permitted in a commercial zone (C1), notwithstanding, the rear yard setback is 9.12m., from the Page 7 of 16

8 institutional use (Units 6 & 7) to the rear lot line, rather than the By-law requires minimum rear yard setback of 15.0m from the institutional use (Units 6 & 7) to the rear lot line. A sketch is attached illustrating the request. Ivano Manias, the agent, appeared and nothing to add 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 L. Fluxgold Seconded by K. Connell THAT Application No, A286/03 ACUMEN INVESTMENTS LIMITED, be APPROVED, in accordance with the sketch attached. THIS MINOR VARIANCE DECISION IS NOT A BUILDING PERMIT AUTHORIZING CONSTRUCTION UNDER THE BUILDING CODE ACT, R.S.O. 1990, AS AMENDED. A BUILDING PERMIT MAY BE REQUIRED. PLEASE CONTACT THE BUILDING STANDARDS DEPARTMENT IN THE EVENT THAT YOU REQUIRE FURTHER CLARIFICATION. 6. FILE NO: A287/03 LUIGI GROSSI Part of Lot 25, Concession 4, (Lot 9, Registered Plan No. 65M-3351, municipally known as 55 D Amato Crescent, Maple). The subject lands are zoned R4, Residential and subject to the provisions of Exception Number 9(1011) (Schedule T-111) under By-law 1-88 as amended. The purpose of this application is to request a variance to permit the maintenance of a rear yard deck to an existing two storey single family detached dwelling, with attached garage, notwithstanding, the rear yard setback is 4.5m., rather than the By-law requires minimum rear yard setback of 6.2m. A sketch is attached illustrating the request. Grace Grossi, appeared as the agent, and had nothing to add 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. THAT Application No. A287/03 LUIGI GROSSI, be APPROVED, in accordance with the sketch attached. THIS MINOR VARIANCE DECISION IS NOT A BUILDING PERMIT AUTHORIZING CONSTRUCTION UNDER THE BUILDING CODE ACT, R.S.O. 1990, AS AMENDED. A BUILDING PERMIT MAY BE REQUIRED. PLEASE CONTACT THE BUILDING STANDARDS DEPARTMENT IN THE EVENT THAT YOU REQUIRE FURTHER CLARIFICATION. Page 8 of 16

9 7. to 11. FILE NOS.: A288/03 to A292/03 WESMAK ESTATES INC. S Part of Lot 20, Concession 6, (Lots 21, 70 Left, 69 Left, 59, and 61, Registered Plan No. 65M-3646, municipally known as 52 Vas Road, 81 Martina Crescent, 85 Martina Crescent, 227 Kingsview Drive, 235 Kingsview Drive, Woodbridge). The subject lands are zoned RVM1(B) Residential Village Multiple Dwelling under By-law 1-88 as amended. The purpose of these applications is to request variances to permit the maintenance of a two storey single family detached dwelling (per lot), notwithstanding, the nature of the proposed variances, the proposed changes to the existing By-law & the current By-law requirements are as follows: VARIANCES PROPOSED BY-LAW REQUIREMENT Minimum interior side yard A288/03, 52 Vas Road 1.15m 1.2m Minimum interior side yard A289/03, 81 Martina Cres. 1.14m 1.2m Minimum interior side yard A290/03, 85 Martina Cres. 1.12m 1.2m Minimum interior side yard A291/03, 227 Kingsview Dr. 1.14m 1.2m Minimum interior side yard A292/03, 235 Kingsview Dr. 1.15m 1.2m Sketches are attached illustrating the request. Letters of acknowledgement were submitted by the agent on November 25, 2003 and signed by the following new owners: Sabrina Magnante, 130 Nestor Cres., Woodbridge, Ontario, L4L 5A2; Rocco Panetta, 154 Chancellor Drive, Woodbridge, Ontario, L4L 7N4; Giusepe Rauti, 63 Hudson Drive, Maple, Ontario, L6A 1X4; Pasqualino Bartolo, 6 Beck Drive, Markham, Ontario, L3P 4L5; Joe Clarizio, 10 Richwood Cres., Brampton, Ontario, L6X 4K9. Robert Vitullo, appeared as the agent, and gave a brief submission regarding the request. There were no objections from any Departments or Agencies. The Committee is of the opinion that the variances sought can be considered minor and are desirable for the appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will be maintained. THAT Application Nos. FILE NOS.: A288/03 to A292/03 WESMAK ESTATES INC., be APPROVED, in accordance with the sketch attached. THIS MINOR VARIANCE DECISION IS NOT A BUILDING PERMIT AUTHORIZING CONSTRUCTION UNDER THE BUILDING CODE ACT, R.S.O. 1990, AS AMENDED. A BUILDING PERMIT MAY BE REQUIRED. PLEASE CONTACT THE BUILDING STANDARDS DEPARTMENT IN THE EVENT THAT YOU REQUIRE FURTHER CLARIFICATION. 12. FILE NO: A293/03 TERESA & DOMENIC CANNAROZZI Page 9 of 16

10 Part of Lot 15, Concession 3, (Lot 112, Registered Plan No. 65M-3367, municipally known as 9104 Dufferin Street, Concord). The subject lands are zoned RVM1(A), Residential Urban Village Multiple Dwelling, Zone One (Street Townhouse), subject to Exception Number 9(1039), under By-law 1-88 as amended. The purpose of this application is to request a variance to permit the maintenance of an existing semi-detached laneway garage, to a two storey single family townhouse dwelling, notwithstanding, the interior garage width is 2.74m, rather than the By-law requires interior garage width of 3.0m. Sketches are attached illustrating the request. The Community Planning Department sent the following comments: The applicant has applied for a variance to reduce the minimum interior size of their single-car garage from 3m to 2.74m. The interior garage width was not constructed in accordance with the approved Site Plan and Building Permit drawings, which require a minimum interior width of 3m. The reduced interior width does not allow sufficient space within the garage to accommodate the opening of vehicle doors, particularly larger vehicles. The functional interior garage width is 3m. Accordingly, Staff cannot support the variance being requested. Clement Messere, appeared as the agent and had nothing to add 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. THAT Application No. A293/03 TERESA & DOMENIC CANNAROZZI, be APPROVED, in accordance with the sketch attached. THIS MINOR VARIANCE DECISION IS NOT A BUILDING PERMIT AUTHORIZING CONSTRUCTION UNDER THE BUILDING CODE ACT, R.S.O. 1990, AS AMENDED. A BUILDING PERMIT MAY BE REQUIRED. PLEASE CONTACT THE BUILDING STANDARDS DEPARTMENT IN THE EVENT THAT YOU REQUIRE FURTHER CLARIFICATION. 13. FILE NO: A295/03 JOSE & MARIA UNCAO Part of Lot 4, Concession 2, (Lot 161, Registered Plan No. 65M-2489, municipally known as 241 Brownridge Drive, Thornhill). The subject lands are zoned R3, Residential, and subject to the provisions of Exception Number 9(461) under By-law 1-88 as amended. The purpose of this application is to request a variance to permit the maintenance of an existing side door entrance to a two storey single family detached dwelling, notwithstanding, Page 10 of 16

11 the minimum interior side yard is 1.5 metres, rather than the By-law states the minimum interior side yard setback to be 1.8 metres. A sketch is attached illustrating the request. A letter of opposition was received November 27, 2003 from Augusto & Ana Marie Loureio, 237 Brownridge Drive, Thornhill, Ontario, L4J 7E7. Jose Uncao, son of the applicant, appeared as the agent and advised he was aware of the letter of objection received from Augusto & Ana Marie Loureio, also explaining the side door entrance has been there for six years. Mr. Loureiro appeared in opposition and reiterated his previously sent letter of opposition. Nelia Uncao Gelinas, 186 Birkshire Drive, Aurora, Ontario, L4G 7R8, daughter of the applicant, appeared and explaining that if necessary, she would get signatures of support for the Committee. 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 L. Fluxgold Seconded by K. Connell THAT Application No. A295/03 JOSE & MARIA UNCAO, be APPROVED, in accordance with the sketch attached. THIS MINOR VARIANCE DECISION IS NOT A BUILDING PERMIT AUTHORIZING CONSTRUCTION UNDER THE BUILDING CODE ACT, R.S.O. 1990, AS AMENDED. A BUILDING PERMIT MAY BE REQUIRED. PLEASE CONTACT THE BUILDING STANDARDS DEPARTMENT IN THE EVENT THAT YOU REQUIRE FURTHER CLARIFICATION. 14. FILE NO: MOSES & BATSHEVA COHEN Part of Lot 1, Concession 2, ( Block 345, Lot 22, Registered Plan No. 65M-2240, municipally known as 40 Toledo Crescent, Thornhill). The subject lands are zoned R5 Residential and subject to the provisions of Exception Number 9(481A) under By-Law 1-88 as amended. The purpose of the application is to request a variance to permit the maintenance of an unenclosed and uncovered rear yard deck to an existing three storey single family detached dwelling, with attached garage, notwithstanding, the minimum rear yard setback to the deck is 1.83m., rather than the By-law requires the minimum rear yard setback to the deck of 5.0m. A sketch is attached illustrating the request. A petition of support was received by Mr. Cohen at time of submission of the application and signed by the following residents: Page 11 of 16

12 O. FAIERMAN 46 TOLEDO CRES V. PRILEPSKI 3 TOLEDO CRES R. SHARMA 53 TOLEDO CRES B. BUDHU 502 CONLEY ST L4J 6T9 S. KADOCH 11 TOLEDO CRES N. BENDAYAN 1 TOLEDO CRES E. FRIEDMAN 51 TOLEDO CRES M VASSILIEVA 51 CORDOBA DR R. SANDS 9 TOLEDO CRES E. CHAPNIK 55 TOLEDO CRES I. SLOTIN 72 CORDOBA DR. J. RAHMILOV 39 CORDOBA DR On November 21, 2003, additional signatures of support were submitted by the applicant. SUNG W. KIM 41 CORDOBA DR B. ABRAMOV 61 CORDOBA DR L4J 8T8 484 CONLEY ST L4J 6T4 On November 25, 2003, additional signatures of support were submitted by the applicant. A KUMAR 499 CONLEY ST L4J 6T9 FALSAFI FAMILY 503 CONLEY ST L4J 6T9 NATHALIE BOUSSIDAN 70 CORDOBA DR A petition in opposition was submitted by Jack Wortzman, 494 Conley Street, Thornhill, Ontario, L4J 6T4, and signed by the following residents: JACK WORTZMAN 494 CONLEY ST L4J 6T4 484 CONLEY ST L4J 6T4 IHOR MYKYTCZUK 510 CONLEY ST L4J 6T8 54 TOLEDO CRES K. LIU 498 CONLEY ST L4J 6T4 491 CONLEY ST L4J 6T6 504 CONLEY ST L4J 6T9 63 CORDOBA DR LANA CHEN 506 CONLEY ST L4J 6T8 495 CONLEY ST L4J 6T6 32 TOLEDO CRES 508 CONLEY ST L4J 6T8 Page 12 of 16

13 On November 25, 2003, additional signatures of opposition and photos were submitted by Mr. Wortzman. L. KUNG 482 CONLEY STREET L4J 6T4 480 CONLEY STREET L4J 4T64 V. SANTOS 478 CONLEY STREET L4J 6T4 M. DAYAN 483 CONLEY STREET L4J 6T6 M. HOFFMAN 474 CONLEY STREET L4J 6T4 The Community Planning Department sent the following comments on November 21, 2003: The Community Planning Department does not support the Variance Application. It is noted that the deck is elevated and would provide overview of the surrounding yards. The deck expands the width of the dwelling. Given the size, height above grade and setback of the deck, it is the opinion of this department that the deck is overbearing. Moses Cohen, the owner, appeared and gave a brief submission regarding his request. The Committee expressed numerous concerns such as why the deck was built without consulting the Building Standards Department, why the deck was so big, and the fact that many neighbours were very upset about the size of the deck. Mr. Cohen stated that all his neighbours had built decks approximately six years ago and that his was only 3 feet bigger than any other decks, and that he did not realize he needed a building permit to build the deck. He explained that the original deck was too small for his family and that it was used for Sukkot. Mr. Cohen then submitted a map and photos showing other decks in his immediate area. The Committee asked if he could cut the deck down in size to which Mr. Cohen stated he could cut the width by 3 feet, not the height. The Committee asked the Community Planning Department what they would support if the deck were to cut back. The Community Planning Department stated they could only support a deck 15 feet, and that no other records of Committee of Adjustment files for decks in that area were found. An inspection was done by Planning staff. Jack Wortzman, 494 Conley Street, Thornhill, Ontario, L4J 6T4, appeared in opposition and referred to previously sent photos, further explaining that no other decks in the area were that big and that it was originally located on ground level and was to be temporary for Sukkot. Rebecca and Hannah Wortzman, daughters of Mr. Wortzman, spoke in opposition and submitted photos stating concerns of lack of privacy as the deck is level with their bedroom windows. Allan Liu, 498 Conley Street, Thornhill, Ontario, L4J 6T4, also appeared in opposition. Rabbi M. Sevy, 417 Mullen Drive, Thornhill, Ontario, L4J 2N9 appeared in support saying he was a close family friend and that the deck was necessary for Mr. Cohen s family. Esther Wortzman, wife of Mr. Wortzman, spoke in opposition stating her family had no privacy because the deck overlooks her family room. At 6:45pm, the Committee announced a five-minute recess. Moses Cohen reappeared and stated he would be willing to provide landscaping (trees) for added privacy. The Committee explained that there was a bigger issue than adding landscaping. The magnitude and impact of the height of the deck on the immediate neighbours was far too large and the Committee could not support the application. Page 13 of 16

14 There was no one else in attendance either in support of or in opposition to the request. There were no other objections from any Departments or Agencies. THAT 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. AND THAT Application No: MOSES & BATSHEVA COHEN, be: REFUSED, in accordance with the sketch attached. CARRIED 15. FILE NO: A297/ ONTARIO INC. Part of Lot 2, Concession 4, (municipally known as 7250 Keele Street, Concord). The subject lands are zoned PBM1, Parkway Belt Restricted Industrial under By-law 1-88, as amended. The purpose of this application is to request a variance to permit the construction of a tank storage area detached from an existing one-storey industrial building, notwithstanding, the tank storage area is not within a wholly enclosed structure where as the By-law states the use must be within a wholly enclosed building. A sketch is attached illustrating the request. Dan Amadio appeared along with Matthew Johnston, the agent and had nothing to add 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 L. Fluxgold Seconded by K. Connell THAT Application No. A297/ ONTARIO INC., be APPROVED, in accordance with the sketch attached. THIS MINOR VARIANCE DECISION IS NOT A BUILDING PERMIT AUTHORIZING CONSTRUCTION UNDER THE BUILDING CODE ACT, R.S.O. 1990, AS AMENDED. A BUILDING PERMIT MAY BE REQUIRED. PLEASE CONTACT THE BUILDING STANDARDS DEPARTMENT IN THE EVENT THAT YOU REQUIRE FURTHER CLARIFICATION. 16. FILE NO: A298/ ONTARIO INC. (DINO TEOFILO) Part of Lot 8, Concession 2, (Block 4, Registered Plan No. 65M-3531, municipally known as 215 Racco Parkway, Thornhill). The subject lands are zoned EM1 Prestige Employment Area and subject to the provisions of Page 14 of 16

15 Exception Number 9(1073) under By-law 1-88 as amended. The purpose of this application is to request a variance to permit the construction of a one storey industrial building, notwithstanding, the minimum aisle width to and from a loading space will be 4.5m., rather than the By-law requires minimum aisle width to and from a loading space of 6.0m. A sketch is attached illustrating the request. Other Planning Act Application: The land which is the subject in this application is also the subject of an application under the Planning Act for: Consent Application B67/02 APPROVED October 24, 2002, certificate issued December 12, 2002 Consent Application B28/03 APPROVED April 3, 2003 certificate issued May 12, 2003 Mike Cipolla appeared as the agent, and had nothing to add 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. THAT Application No. A298/ ONTARIO INC. (DINO TEOFILO), be APPROVED, in accordance with the sketch attached. THIS MINOR VARIANCE DECISION IS NOT A BUILDING PERMIT AUTHORIZING CONSTRUCTION UNDER THE BUILDING CODE ACT, R.S.O. 1990, AS AMENDED. A BUILDING PERMIT MAY BE REQUIRED. PLEASE CONTACT THE BUILDING STANDARDS DEPARTMENT IN THE EVENT THAT YOU REQUIRE FURTHER CLARIFICATION. 17. FILE NO: A300/03 ANGELO NICOLETTI Part of Lot 1, Concession 3, (municipally known as 2050 King Vaughan Road (between Keele Street & Dufferin Road). The subject lands are zoned A, Agricultural under By-law 1-88 as amended. These lands are further subject to By-law 1-88 as amended by By-law that zone the lands ORM, Oak Ridges Moraine Zone and OS5, Open Space Environmental Protection Zone. By-law was passed by the City of Vaughan on June 23, 2003, however, it cannot be in full force and effect until it receives approval from the Minister of Municipal Affairs and Housing as the approval authority. The purpose of this application is to request a variance to permit the construction of a one storey single family detached dwelling with attached garage and a one storey barn at the rear, notwithstanding, the interior side yard setback to the dwelling will be 10.0m, the interior side yard setback to the barn will be 10.5m., maximum width of driveway measured at a point 4.25m from the street line will be 10.8m, maximum width of driveway will be 14.2m, rather than the By-law requires interior side yard setback to all structures of 15.0m, maximum width of driveway measured at a point 4.25m from the street line of 6.0m, and maximum width of driveway 9.0m. A sketch is attached regarding the requests. Page 15 of 16

16 On November 27, 2003, The Toronto & Region Conservation Authority sent comments stating they had no objection to the application but adding a condition of approval. Ron Mauti, appeared as the agent, and stated he was aware of the condition requested by the Toronto & Region Conservation Authority. There were no objections from any Departments or Agencies, and any conditions 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. AND THAT Application No: A300/03 ANGELO NICOLETTI, be: APPROVED, in accordance with the sketch attached, and subject to the following conditions. 1. The applicant submit a revised site plan and a landscape plan to the TRCA for their review and approval, prior to the issuance of a municipal building permit, if required to the satisfaction of the TRCA. 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.) THIS MINOR VARIANCE DECISION IS NOT A BUILDING PERMIT AUTHORIZING CONSTRUCTION UNDER THE BUILDING CODE ACT, R.S.O. 1990, AS AMENDED. A BUILDING PERMIT MAY BE REQUIRED. PLEASE CONTACT THE BUILDING STANDARDS DEPARTMENT IN THE EVENT THAT YOU REQUIRE FURTHER CLARIFICATION. OTHER BUSINESS NONE. MOTION TO ADJOURN MOVED by L. Fluxgold Seconded by S. Perrella THAT the meeting of Committee of Adjustment be adjourned at 6:54 pm, and the next regular meeting will be held on THURSDAY, DECEMBER 11, Page 16 of 16