The Minutes of the 8th Meeting of the Vaughan Committee of Adjustment for the year 2002 THURSDAY, APRIL 25, :00p.m.

Transcription

1 The Minutes of the 8th Meeting of the Vaughan Committee of Adjustment for the year 2002 THURSDAY, APRIL 25, 2002 Present at the meeting were: 6:00p.m. M. Mauti T. DeCicco L. Fluxgold Members of Staff present: Dianne E.L. Grout, Secretary-Treasurer Cathy Schanck, Assistant to the Secretary-Treasurer Armine Hassakourians, Planner Marie Kennedy, Plans Examiner INTRODUCTION OF ADDENDUM REPORTS MOVED by T. DeCicco Seconded by L. Fluxgold That the addendum reports be incorporated into the minutes and be on view at the back of the room in the Report Book. CARRIED DISCLOSURE OF PECUNIARY INTEREST T. DeCicco declared a conflict of interest with respect to Item # s 6 & 7, and Item 30, File Nos. B3/02 & B4/02, THE NATIONAL GOLF CLUB OF CANADA & JULIA GALLORO and A112/02, ROYBRIDGE HOLDINGS INC., as he has entered into an agreement of an associated company of the representatives. ADOPTION OR CORRECTION OF MINUTES MOVED by L. Fluxgold Seconded by T. DeCicco THAT the minutes of the Committee of Adjustment Meeting of April 11, 2002, be adopted as circulated. CARRIED ADJOURNMENTS AND/OR DEFERRALS A fax was received April 18, 2002, from Robert Johnston, agent for the applicant, Canadian Pacific Railway Company, requesting the application be deferred. The fax stated the deferral is necessary to address the planning and transportation concerns. Revised comments were received April 23, 2002, from the Buildings Standards Dept., quote: Application was for a minor variance to the interior side yard setback. However, the lot line has been determined to be the rear lot line, making it necessary to re-circulate the application. A fax was received April 25, 2002 from Guy Ferrara, agent for the applicant, Dufferin Investments Limited, requesting the application be adjourned to the May 9 th Meeting, in order to discuss matters regarding the official plan and concerns from the Community Planning Department. Page 1 of 23

2 ADJOURNMENTS AND/OR DEFERRALS CONT D MOVED by L. Fluxgold Seconded by T. DeCicco THAT Item # 17, CANADIAN PACIFIC RAILWAY CO., File No. B22/02, BE ADJOURNED, SINE DIE. THAT Item #19, ENZO DE BELLIS, File No. A100/02, BE ADJOURNED, TO THE MAY 9 TH MEETING. THAT Item #29, DUFFERIN INVESTMENTS LIMITED, File No. A111/02, BE ADJOURNED, TO THE MAY 9 TH MEETING. CARRIED ADMINISTRATIVE CORRECTIONS NONE. It should be noted that T. DeCicco left the Council Chambers and abstained from voting on the following two applications due to his conflict of interest. CONSENT PUBLIC HEARING: 1. & 2. FILE NOS: B3/02, B4/02 THE NATIONAL GOLF CLUB OF CANADA & JULIA GALLORO (Previously adjourned from January 10, 2002 Meeting) S Part of Lots 11-13, Concession 6, (municipally known as 134 Clubhouse Road and Part of Lot 13, Concession 6, Lot 18, Registered Plan 5757, municipally known as 175 Pine Valley Drive). S B3/02 National Golf Club -The applicant is requesting the consent of the Committee of Adjustment to convey a parcel of land as an addition to existing lot taken into the title of the land to the north residential purposes and retained the lands for open space park/golf course purposes. The subject land is vacant. There are accessory buildings and the clubhouse located on the retained land. By-law 1-88 zones the subject and retained lands OS2 Open Space Park. B4/02 - Galloro -The applicant is requesting the consent of the Committee of Adjustment to convey a parcel of land as an addition to existing lot taken into the title of the land to south for Open Space park/golf course purposes and retained the lands for residential purposes. The subject land is vacant. There is a single family dwelling located on the retained land. By-law 1-88 zones the subject and retained lands RR Rural Residential. Sam Speranza, appeared as the agent and gave a brief submission in regard to the requests. CONSENT PUBLIC HEARING: Page 2 of 23

3 FILE NOS: B3/02, B4/02 THE NATIONAL GOLF CLUB OF CANADA & JULIA GALLORO Cont d There was no one in attendance either in support of or in opposition to the request. There were no objections from any Departments or Agencies and any conditions requested are listed below. MOVED by L. Fluxgold Seconded by M. Mauti THAT Application No. B3/02 THE NATIONAL GOLF CLUB OF CANADA, be APPROVED, subject to the following conditions: 1. That the applicant provide to the Secretary Treasurer a letter of undertaking, stating that the addition in question is in favour of lands to the NORTH (being Lot 18, Plan 5757, 175 Pine Valley Drive); 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. That the corresponding Consent Application B4/02 JULIA GALLORO, be approved; 4. That the lands be re-zoned to RR, Rural Residential, if required, to the satisfaction of the Building Standards Department; 5. That 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. 6. Submission to the Secretary-Treasurer of three (3) white prints of a registered deposited reference plan of survey, showing the subject land which conforms with the application submitted and which shows the dimensions and areas of each part shown on the plan; 7. Upon fulfilling and complying with all of the above-noted conditions, the Secretary- Treasurer of the Committee of Adjustment must be provided with a letter from the Applicant s solicitor confirming the legal description of the subject lands, sufficient for registration purposes. Upon being satisfied with said legal description and upon all other conditions for the consent having been satisfied, the Secretary-Treasurer shall provide a Certificate of Official to the applicant in accordance with Section 53(42) of the Planning Act, R.S.O. 1990, as amended. 8. A fee of $ made payable to the Treasurer City of Vaughan shall, be submitted to the Secretary Treasurer for the issuance of the Certificate of Official. It will be necessary to allow up to three (3) working days after all conditions have been fulfilled and documentation filed. Same day service is also available for an additional cost of $100.00, provided all conditions of approval have been fulfilled and all required documents are submitted by 11:30am. that day; 9. Prior to the issuance of a building permit, if required, the applicant shall fulfil and comply with all of the above noted consent conditions; CONSENT PUBLIC HEARING: Page 3 of 23

4 FILE NOS: B3/02, B4/02 THE NATIONAL GOLF CLUB OF CANADA & JULIA GALLORO Cont d THAT Application No. B4/02 JULIA GALLORO, be APPROVED, subject to the following conditions: 1. That the applicant provide to the Secretary Treasurer a letter of undertaking, stating that the addition in question is in favour of lands to the SOUTH ( 134 Clubhouse Road); 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. That the corresponding Consent Application B3/02 THE NATIONAL GOLF CLUB OF CANADA be approved and be in full force and effect, if required; 4. That the lands be re-zoned to RR, Rural Residential, if required, to the satisfaction of the Building Standards Department; 5. That 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. 6. Submission to the Secretary-Treasurer of three (3) white prints of a registered deposited reference plan of survey, showing the subject land which conforms with the application submitted and which shows the dimensions and areas of each part shown on the plan; 7. Upon fulfilling and complying with all of the above-noted conditions, the Secretary- Treasurer of the Committee of Adjustment must be provided with a letter from the Applicant s solicitor confirming the legal description of the subject lands, sufficient for registration purposes. Upon being satisfied with said legal description and upon all other conditions for the consent having been satisfied, the Secretary-Treasurer shall provide a Certificate of Official to the applicant in accordance with Section 53(42) of the Planning Act, R.S.O. 1990, as amended. 8. A fee of $ made payable to the Treasurer City of Vaughan shall, be submitted to the Secretary Treasurer for the issuance of the Certificate of Official. It will be necessary to allow up to three (3) working days after all conditions have been fulfilled and documentation filed. Same day service is also available for an additional cost of $100.00, provided all conditions of approval have been fulfilled and all required documents are submitted by 11:30am. that day; 9. Prior to the issuance of a building permit, if required, the applicant shall fulfil and comply with all of the above noted consent conditions; T. De Cicco returned to the Council Chambers. MINOR VARIANCE PUBLIC HEARING: Page 4 of 23

5 3. FILE NO. A99/02 THE CORPORATION OF THE CITY OF VAUGHAN (Previously adjourned from April 11, 2002 Meeting) Part of Lots 6 & 7, Concession 2, (Part of Lot 8, Registered Plan No. 3541, municipally located on Beverley Glen Blvd., Thornhill). The subject lands are zoned R3, Residential, and subject to the provisions of Exception Number 9(641) under By-law 1-88 as amended. The applicant is requesting a variance to permit the construction of a single family dwelling, notwithstanding, the minimum frontage will be 12.1 metres, rather than the By-law requires the minimum frontage to be 15.0 metres. A fax dated April 11, 2002 was received from M. Virginia Maloney, 510 Beverley Glen Blvd., Thornhill, Ontario, L4J 7S1. She expressed concerns with respect to the large homes on smaller lots, that will not be in keeping with the overall plan and look of the street. Electronic Mail was received April 11, 2002 from John Kucharczuk, indicating that the sign was improperly posted in front of 511 Beverley Glen Blvd.and it should be between 493 and 467 Beverly Glen Blvd. A letter was received April 22, 2002 from David & Terri Silver, 499 Beverley Glen Blvd., Thornhill, Ontario, L4J 7S1. They expressed concerns with respect to the reduced resale value of larger homes and increased resale value of smaller homes, and the aesthetics of the immediate area. A letter was received April 22, 2002 from Kris Bahkri, Santosh Bhakri, Dr. Nevan Bhakri, Nisha Bhakri, and Subir Bhakri, 493 Beverley Glen Blvd., Thornhill, Ontario, L4J 7S1, They expressed concerns with respect to a precedent being set as a result of this application being approved, increasing traffic and noise in the area, safety and health issues, and property values. Lynn Barkey, appeared as the agent on behalf of the applicant and gave a brief submission regarding the request. He submitted a copy of rendering of a style of home that would fit in with the area. He also reiterated a letter submitted with the application explaining the reasons for the application. Kris Bhakri, 493 Beverley Glen Blvd., Thornhill, Ontario, L4J 7S1, appeared in opposition, referring to the above noted letter and his concerns. Lynn Barkey explained that he had been in contact with the neighbour to the west and that they were in support of the application, and that By-law 1-88 did allow for 12m sites where necessary. 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. MINOR VARIANCE PUBLIC HEARING: FILE NO. A99/02,THE CORPORATION OF THE CITY OF VAUGHAN Cont d Page 5 of 23

6 MOVED by T. De Cicco Seconded by L. Fluxgold THAT Application No. A99/02 THE CORPORATION OF THE CITY OF VAUGHAN, be APPROVED. CONSENT & MINOR VARIANCE PUBLIC HEARING 4. to 7. FILE NOS.: B17/02, B20/02 & B21/02, & A80/ CANADA INC. Part of Lot 4, Concession 5, (located on Interchange Way, Concord.) The subject lands are currently vacant/private road/parking lot. A two storey retail warehouse is proposed on the new lot to be created. The subject and retained lands are zoned C-10 Corporate District Zone, subject to the provisions of Exception Number 9(957) under By-law 1-88 as amended. B17/02 - The applicant is requesting the consent of the Committee of Adjustment to convey a parcel of land for the creation of a new lot together with all required B20/02 - The applicant is requesting the consent of the Committee of Adjustment to convey a parcel of land for the creation of a new lot together with all required B21/02 - The applicant is requesting the consent of the Committee of Adjustment to convey a parcel of land for the creation of a new lot together with all required A80/02 The applicant is requesting a variance to permit the construction of a two storey retail warehouse (IKEA), notwithstanding, the lands to be exempt from Build to Zone requirement, 0.0m landscape strips abutting a street, rather than the By-law requires 50% of the length of the street line shall have buildings located within the Build to Zone, 6.0m landscape strip abutting a street. The Community Planning Department sent the following written comments in support of the applications: The applicant has applied for consent to create a new 8.16ha lot and associated easements for the development of a two storey furniture and home furnishing retail warehouse. The above noted consent applications will create easements the following uses: gas, water, access sanitary and storm sewers. A private road owned by the owner Canada Inc. c/o Beutel Goodman Real Estate Group will access the property. The Site Development Application will be considered by Committee of the Whole on April 22, The Community Planning Department supports Consent Applications B17/02, B20/02 and B21/02. The above noted variances have been applied for to facilitate the development of a two storey furniture and home furnishing retail warehouse on a proposed 8.16ha lot (Consent Applications B17/02, B20/02 & B21/02). A private road owned by the owner Canada Inc. c/o Beutel Goodman Real Estate Group will access the property. The owner has applied to reduce the landscaping strip abutting a street to be 0m rather Page 6 of 23

7 than the required 6.0m. This variance is the result of the proposal to shift the private road east. The northeast corner of the subject lands will front Interchange Way for approximately 71 metres. An existing 6m landscaping strip is provided for at the north end of the subject lands within the (IKEA) site until Interchange Way is reached. From the western limit of Interchange Way for 71m to the western limit of the proposed relocated road, a 6m landscape strip is maintained, but due to a southerly dip in the proposed property line, the landscaping is within the Interchange Way road allowance and not on the IKEA lands. A 6m landscaping strip is visually maintained, but it cannot be accommodated within IKEA lands. A variance is required to exempt the development from the Build to Zone requirement. The build to zone requirement indicates that fifty percent of the length of a street shall have buildings located within the build to zone. The proposed parcel will have 71m of frontage on Interchange Way as a result of the private road being shifted to the east. As a result of the proposed shifted road and building orientation, the IKEA site plan cannot comply with the build to zone requirements. The Site Development Application will be considered by Committee of the Whole on April 22, The Community Planning Department is of the opinion that the above noted variances could be considered to be appropriate development of the lands. This department supports Variance Applications A80/02. Michael Telawski, appeared as the agent on behalf of the applicants and advised the Committee of the Whole had approved the site plan on April 22, 2002, and that he agreed with the draft resolution. There was no one in attendance either in support of or in opposition to the requests There were no objections from any Departments or Agencies and any conditions requested are listed below. MOVED by L. Fluxgold Seconded by T. De Cicco THAT Application No. B17/ CANADA INC., c/o BEUTEL GOODMAN REAL ESTATE GROUP, 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 Terri Liuni in the Finance Department to have this condition cleared). 3. That the corresponding Consent Applications B20/02, B21/02, and Minor Variance Application A80/02, CANADA INC., c/o BEUTEL GOODMAN REAL ESTATE GROUP, be approved and be in full force and effect, if required. 4. 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; 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 from the Applicant s solicitor confirming the legal description of the subject lands, sufficient for registration purposes. Upon being satisfied with said legal description and upon all other conditions for the consent having been satisfied, the Secretary-Treasurer shall provide a Certificate of Official to the applicant in accordance with Section 53(42) of the Planning Act, R.S.O. 1990, as amended. 6. A fee of $ made payable to the Treasurer City of Vaughan shall, be submitted Page 7 of 23

8 to the Secretary Treasurer for the issuance of the Certificate of Official. It will be necessary to allow up to three (3) working days after all conditions have been fulfilled and documentation filed. Same day service is also available for an additional cost of $100.00, provided all conditions of approval have been fulfilled and all required documents are submitted by 11:30am. that day; 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; PLEASE NOTE: 1. That the payment of the Regional Development Charge is payable to the City of Vaughan before issuance of a building permit in accordance with the Development Charges Act and the Regional Development Charges By-law in effect at the time of payment. 2. That the payment of the City Development Charge is payable to the City of Vaughan before issuance of a building permit in accordance with the Development Charges Act and the City's Development Charges By-law in effect at the time of payment. 3. That the payment of the Education Development Charge is payable to the City of Vaughan before issuance of a building permit in accordance with the Development Charges Act and the Boards of Education By-laws in effect at the time of payment 4. That the payment of special area development charge is payable to the City of Vaughan before issuance of a building permit in accordance with the Development Charges Act and The City's Development Charge By-law in effect at the time of Building permit issuance, if required, to the satisfaction of the Finance Department; THAT Application No. B20/ CANADA INC., c/o BEUTEL GOODMAN REAL ESTATE GROUP, 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 Terri Liuni in the Finance Department to have this condition cleared). 2. That the applicant provide to the Secretary Treasurer a letter of undertaking, stating that the lands in question are in favour of or taken into the title of the lands to the North, East, South and West, intended for IKEA Properties Ltd. 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. That the corresponding Consent Applications B17/02, B21/02, and Minor Variance Application A80/02, CANADA INC., c/o BEUTEL GOODMAN REAL ESTATE GROUP, be approved and be in full force and effect, if required. 5. 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; 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 from the Applicant s solicitor confirming the legal description of the subject lands, sufficient for registration purposes. Upon being satisfied with said legal description and upon all other conditions for the consent having been satisfied, the Secretary-Treasurer shall provide a Certificate of Official to the applicant in accordance with Section 53(42) of the Planning Act, R.S.O. 1990, as amended. 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 of Official. It will be Page 8 of 23

9 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; 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. B21/ CANADA INC., c/o BEUTEL GOODMAN REAL ESTATE GROUP, 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 Terri Liuni in the Finance Department to have this condition cleared). 2. That the applicant provide to the Secretary Treasurer a letter of undertaking, stating that the lands in question are in favour of or taken into the title of the lands to the South, intended for IKEA Properties Ltd. 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. That the corresponding Consent Applications B17/02, B20/02, and Minor Variance Application A80/02, CANADA INC., c/o BEUTEL GOODMAN REAL ESTATE GROUP, be approved and be in full force and effect, if required. 5. 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; 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 from the Applicant s solicitor confirming the legal description of the subject lands, sufficient for registration purposes. Upon being satisfied with said legal description and upon all other conditions for the consent having been satisfied, the Secretary-Treasurer shall provide a Certificate of Official to the applicant in accordance with Section 53(42) of the Planning Act, R.S.O. 1990, as amended. 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 of Official. It will be necessary to allow up to three (3) working days after all conditions have been fulfilled and documentation filed. Same day service is also available for an additional cost of $100.00, provided all conditions of approval have been fulfilled and all required documents are submitted by 11:30am. that day; 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; 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. A80/ CANADA INC., c/o BEUTEL GOODMAN REAL ESTATE GROUP be APPROVED, subject to the following conditions. 1. That the corresponding Consent Applications B17/02, B20/02, B21/02, CANADA INC., c/o BEUTEL GOODMAN REAL ESTATE GROUP, be approved and be in full force and effect, if required. 2. That if the condition listed above is not fulfilled within (12) months of the date this Page 9 of 23

10 decision becomes final and binding, the said decision shall expire and shall be deemed to have been annulled and rescinded by the Committee. 8. to 11. FILE NOS.: B18/02 & B19/02, A96/02 & A97/02 LORWOOD HOLDINGS INC. & VMS HOLDINGS INC. Part of Lot 15, Concession 3, (Lot 13 & 14, Registered Plan No. 65M-2795, municipally known as 87 & 91 Moyal Court, Concord). B18/02 & A96/02 - The subject lands are zoned EM2" General Employment Area Zone, subject to the provisions of Exception Number 9(673B) under By-law 1-88 as amended. B19/02 & A97/02 - The subject lands are zoned EM1" General Employment Area Zone, subject to the provisions of Exception Number 9(673E) under By-law 1-88 as amended. B18/02 The applicant is requesting the consent of the Committee of Adjustment to convey a parcel of land for a Right-Of-Way in favour of the lands to the North intended for VMS Holdings Inc. for industrial purposes and retain the lands for industrial purposes. B19/02 - The applicant is requesting the consent of the Committee of Adjustment to convey a parcel of land for a Right-Of-Way in favour of the lands to the South intended for Lorwood Holdings Inc. for industrial purposes and retain the lands for industrial purposes. A96/02 The applicant is requesting a variance to permit the construction of a one storey industrial building, notwithstanding, the rear yard setback will be 7.5m, the number of parking spaces will be 35 and driveways, aisles and areas will be provided on the adjacent lot, rather than the By-law requires the rear yard setback of 12.0m, number of parking spaces of 38 and driveway, aisles and areas to be maintained on site. A97/02 The applicant is requesting a variance to permit the construction of a one storey industrial building, notwithstanding, the rear yard setback will be 7.5m, driveways, aisles and areas will be provided on the adjacent lot, rather than the By-law requires the rear yard setback of 12.0m, driveways, aisles and areas to be maintained on site. The Toronto & Region Conservation Authority sent revised comments with a condition on April 25, Brian Martin, the agent, appeared and referred to the fact that the Toronto & Region Conservation Authority now supported the requests. There was no one in attendance either in support of or in opposition to the request. There were no objections from any Departments or Agencies, and any conditions requested are listed below. Page 10 of 23

11 MOVED by L. Fluxgold Seconded by T. DeCicco THAT Application No. B18/02 LORWOOD 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 Terri Liuni in the Finance Department to have this condition cleared). 2. That the applicant provide to the Secretary Treasurer a letter of undertaking, stating that the lands in question for a Right-Of-Way are in favour of the lands to the North intended for VMS Holdings Inc. 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. That the mutual driveway be registered on title, if required, to the satisfaction of the Building Standards Department; 5. The application A96/02 be approved, to the satisfaction of the Building Standards Department; 6. That the corresponding Consent Application B19/02, and Minor Variance Applications A96/02, A97/02, - LORWOOD HOLDINGS INC./VMS HOLDINGS INC., be approved and be in full force and effect, if required. 7. Submission to the Secretary-Treasurer of three (3) white prints of a registered deposited reference plan of survey, showing the subject land which conforms with the application submitted and which shows the dimensions and areas of each part shown on the plan; 8. Upon fulfilling and complying with all of the above-noted conditions, the Secretary- Treasurer of the Committee of Adjustment must be provided with a letter from the Applicant s solicitor confirming the legal description of the subject lands, sufficient for registration purposes. Upon being satisfied with said legal description and upon all other conditions for the consent having been satisfied, the Secretary-Treasurer shall provide a Certificate of Official to the applicant in accordance with Section 53(42) of the Planning Act, R.S.O. 1990, as amended. 9. A fee of $ made payable to the Treasurer City of Vaughan shall, be submitted to the Secretary Treasurer for the issuance of the Certificate of Official. It will be necessary to allow up to three (3) working days after all conditions have been fulfilled and documentation filed. Same day service is also available for an additional cost of $100.00, provided all conditions of approval have been fulfilled and all required documents are submitted by 11:30am. that day; 10. Prior to the issuance of a building permit, if required, the applicant shall fulfil and comply with all of the above noted consent conditions; 11. The landscaped area be planted with native, non-invasive species, and that the plantings be intensified to compensate for encroachment into the valley corridor, if required, to the satisfaction of the TRCA. THAT Application No. B19/02 VMS 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 Terri Liuni in the Finance Department to have this condition cleared). 2. That the applicant provide to the Secretary Treasurer a letter of undertaking, stating Page 11 of 23

12 that the lands in question for a Right-Of-Way are in favour of the lands to the South intended for Lorwood Holdings Inc. 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. That the mutual driveway be registered on title, if required, to the satisfaction of the Building Standards Department; 5. The application A97/02 be approved, to the satisfaction of the Building Standards Department; 6. That the corresponding Consent Application B18/02, and Minor Variance Applications A96/02, A97/02, - LORWOOD HOLDINGS INC./VMS HOLDINGS INC., be approved and be in full force and effect, if required. 7. Submission to the Secretary-Treasurer of three (3) white prints of a registered deposited reference plan of survey, showing the subject land which conforms with the application submitted and which shows the dimensions and areas of each part shown on the plan; 8. Upon fulfilling and complying with all of the above-noted conditions, the Secretary- Treasurer of the Committee of Adjustment must be provided with a letter from the Applicant s solicitor confirming the legal description of the subject lands, sufficient for registration purposes. Upon being satisfied with said legal description and upon all other conditions for the consent having been satisfied, the Secretary-Treasurer shall provide a Certificate of Official to the applicant in accordance with Section 53(42) of the Planning Act, R.S.O. 1990, as amended. 9. A fee of $ made payable to the Treasurer City of Vaughan shall, be submitted to the Secretary Treasurer for the issuance of the Certificate of Official. It will be necessary to allow up to three (3) working days after all conditions have been fulfilled and documentation filed. Same day service is also available for an additional cost of $100.00, provided all conditions of approval have been fulfilled and all required documents are submitted by 11:30am. that day; 10. Prior to the issuance of a building permit, if required, the applicant shall fulfil and comply with all of the above noted consent conditions; 11. The landscaped area be planted with native, non-invasive species, and that the plantings be intensified to compensate for encroachment into the valley corridor, if required, to the satisfaction of the TRCA. 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. A96/02 LORWOOD HOLDINGS INC., be APPROVED, subject to the following conditions. 1. That the requested variance be conditional upon the proposal being constructed in accordance with the attached sketch, if required, to the satisfaction of the Building Standards Department; 2. That the corresponding Consent Application B18/02, - LORWOOD HOLDINGS INC, be approved and be in full force and effect, if required. 3. The landscaped area be planted with native, non-invasive species, and that the plantings be intensified to compensate for encroachment into the valley corridor, if required, to the satisfaction of the TRCA. 4. That if the conditions listed above are not fulfilled within (12) months of the date this Page 12 of 23

13 decision becomes final and binding, the said decision shall expire and shall be deemed to have been annulled and rescinded by the Committee. The Committee is of the opinion that the 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. A80/ CANADA INC., c/o BEUTEL GOODMAN REAL ESTATE GROUP be APPROVED, subject to the following conditions. 1. That the corresponding Consent Applications B17/02, B20/02, B21/02, CANADA INC., c/o BEUTEL GOODMAN REAL ESTATE GROUP, be approved and be in full force and effect, if required. 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. CARRIED MINOR VARIANCE PUBLIC HEARING: 12. FILE NO: A98/02 ANDREW & KIM DEL RICCIO Part of Lot 24, Concession 4, (Lot 136, Registered Plan No. 65M-3094, municipally known as 189 Sierra Court, Maple). The subject lands are zoned R2, Residential and subject to the provisions of Exception Number 9(910) under By-law 1-88 as amended. The purpose of the application is to request a variance to permit the construction of a two storey single family detached dwelling with attached three car garage, notwithstanding, the exterior side yard setback will be 2.2 metres, rather than the By-law requires the exterior side yard setback to be 4.5 metres. Andrew Del Riccio, the owner, appeared and submitted photos and a petition in support of the application. This petition was signed by Earl McGibney, 185 Sierra Court, Maple, Ontario, L6A 2L8; Akin Aydemir, 181 Sierra Court, Maple, Ontario, L6A 2L8; Fernando Fedo, 190 Sierra Court, Maple, Ontario, L6A 2L8; Lucia Sirianni, 166 Sierra Court, Maple, Ontario, L6A 2L8; Paula Santoro, 160 Sierra Court, Maple, Ontario, L6A 2L8; Paul Ricci, 184 Sierra Court, Maple, Ontario, L6A 2L8. Community Planning Department sent the following comments: Given the other lot in the immediate neighbourhood has maintained the by-law and neighbourhood standard, it is the opinion of the Community Planning Department that proposed variance of 2.2m cannot be considered to be appropriate development of the lands. This department does not support Variance Application A98/02. Community Planning Department also sent additional information: Please be advised, subsection 21.13(a), of the pertaining Subdivision Agreement (65M- 3094) requires an upgraded flankage elevation on Lot 136. The site plan and building elevations are required to be approved by the Director of Development Planning. There was no one in attendance either in support of or in opposition to the request. There were no objections from any Departments or Agencies, and any conditions are listed Page 13 of 23

14 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. De Cicco Seconded by L. Fluxgold THAT Application No. A98/02 ANDREW & KIM DEL RICCIO, be APPROVED, subject to the following conditions: 1. That the variance for the reduction of the exterior side yard setback be conditional upon the proposal being constructed in accordance with the attached sketch, if required, to the satisfaction of the Building Standards Department; 2. That if the condition listed above is not fulfilled within twelve (12) months of the date this decision becomes final and binding, the said decision shall expire and shall be deemed to have been annulled and rescinded by the Committee. 13. FILE NO.: A102/02 HOWARD & CHARMAINE BETTEL Part of Lot 28, Concession 1, (Lot 28, Registered Plan No. 65M-2898, municipally known as 30 Joshua Court). The subject lands are zoned R3, Residential, and subject to the provisions of Exception Number 9(471) under By-Law 1-88 as amended. The applicants are requesting variances to permit the maintenance of an existing shed, air conditioner and pool equipment, notwithstanding, the nature of the proposed variances, the proposed changes to the existing By-law and the current By-law requirements are as follows: OF VARIANCES Minimum interior side yard setback to pool equipment Minimum interior side yard setback to the central air conditioning unit. Location of shed The shed s maximum building height PROPOSED BY-LAW REQUIREMENTS CHANGES 0.9m 1.2m 1.1m 1.2m shed is not located in the rear yard Any accessory building or structure shall be located in the rear yard 2.7m Not to exceed 2.5m Charmaine Bettel, the owner, appeared and had nothing to add to the requests. There was no one in attendance either in support of or in opposition to the request. There were no other objections from any Departments or Agencies. Page 14 of 23

15 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 T. De Cicco Seconded by L. Fluxgold THAT Application No. A102/02 HOWARD & CHARMAINE BETTEL, be APPROVED. 14. FILE NO.: SUKHJINDER KAUR & SURINDER SINGH Part of Lot 17, Concession 8, (Part of Lot 260, Registered Plan 65M-3274, municipally known as 71 David Todd Ave.). The subject lands are zoned RV4, Residential Urban Village Zone Four, subject to the provisions of Exception Number 9 (988 ) under By-Law 1-88 as amended. The applicant is requesting a variance to permit the maintenance of an existing side door entrance with an uncovered and unenclosed stairway, notwithstanding, the interior side yard setback to the uncovered and unenclosed stairway is 0.6m, rather than the By-law requires the interior side yard setback to be 1.2m. Pablo Pikelin, the agent, appeared on behalf of the applicants and submitted photos and letter faxed earlier in the day. Mr. Pikelin reiterated the letter addressing concerns of neighbours. The Committee asked Mr. Pikelin how many months after moving in did the door go in, to which Mr. Pikelin replied approximately two months, and gave reasons why the owner felt another door was necessary. David Whiteman, 67 David Todd Avenue, L4H 1P5; Maria Cammara, 73 David Todd Avenue, L4H 1R4; Angelo Quatrale, 64 David Todd Avenue, L4H 1P5 all appeared in opposition sharing concerns regarding date door was put in, lack of building permit, potential basement apartment, and safety / fire hazards. Mr. Whiteman also submitted photos illustrating the above concerns. A petition of opposition was submitted by David Whiteman, and signed by: Mr. & Mrs. D. Whiteman, 67 David Todd Avenue, R. Simonetta, 97 David Todd Avenue, Maria Cammara, 73 David Todd Avenue, Calvin Caloor 65 David Todd Avenue, Angelo Quatrale 64 David Todd Avenue, Edgar Meneses 77 David Todd Avenue, Page 15 of 23

16 Sam Alessi, 81 David Todd Avenue, Mary Rigato 95 David Todd Avenue, John Fiorini 57 David Todd Avenue, Costantino DeLuca 52 David Todd Avenue, Claudia Perez 103 David Todd Avenue, Gabriel Pede 91 David Todd Avenue, Luis Zipitria, 83 David Todd Avenue, Naveen Singh, 68 David Todd Avenue, Paola Iannucci 55 David Todd Avenue, Eduardo Granito 54 David Todd Avenue, Angelo Capalbo 101 David Todd Avenue, Joe Mammolitt 93 David Todd Avenue, Angelo & Lina Lodico 74 David Todd Avenue, Onofrio Buttice 50 David Todd Avenue, Anthony Gismolidi 63 David Todd Avenue, Rob Zangolci 108 David Todd Ave., A petition of support was submitted by Pablo Pikelin, agent on behalf of the owners, and signed by: M. Alessi 81 David Todd Avenue, Sam Aiello, 78 David Todd Avenue, Occupant, 102 David Todd Avenue, Occupant, 58 David Todd Avenue, Occupant, 88 David Todd Avenue, A. Lodico 74 David Todd Avenue, A. Cirillo, 87 David Todd Avenue, C. Cedrone, 76 David Todd Avenue, Occupant, 37 David Todd Avenue, Occupant 31 David Todd Avenue, N. Mammolitt 93 David Todd Avenue, Carmen Malfara 86 David Todd Avenue, Occupant 74 David Todd Avenue, Occupant 29 David Todd Avenue, Page 16 of 23

17 Letters of opposition were received from R. Simonetta, 97 David Todd Avenue, L4H 1P5; David Whiteman, 67 David Todd Avenue, Woodbridge, Ontario, L4H 1P5; Maria Cammara, 73 David Todd Avenue, L4H 1R4; Angelo Quatrale, 64 David Todd Avenue, L4H 1P5. 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 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. De Cicco Seconded by L. Fluxgold THAT Application No. SUKHJINDER KAUR & SURINDER SINGH, be REFUSED. 15. FILE NO: A104/02 STEPHEN LESLIE SENDER AND HELENE SENDER Part of Lot 21, Concession 8, (Lot 20, Registered Plan 65M-2862, municipally known as 141 Westridge Drive, Kleinburg). The subject lands are zoned R3, Residential, and subject to the provisions of Exception Number 9(471) under By-Law 1-88 as amended. During the applicant s submission, it was agreed to amend the application, sketch, notice of application as follows:. to delete the variance for the shed being located in the side yard.. THEREFORE, the applicants are requesting variances to permit the maintenance of an existing shed, air conditioner and pool equipment, notwithstanding, the nature of the proposed variances, the proposed changes to the existing By-law and the current By-law requirements are as follows: OF VARIANCES Minimum interior side yard setback to pool equipment Minimum interior side yard setback to the central air conditioning unit. Minimum interior side yard setback to the shed. PROPOSED CHANGES BY-LAW REQUIREMENTS 0.40m 1.2m 0.38m 1.2m 0.17m 0.6m The Community Planning Department sent the following written comments: The Community Planning Department can support the proposed variances in regards to the maintenance of the pool and air conditioning equipment but not the shed. This department does not support the shed located in the interior side yard at the front of the dwelling. It is suggested that an alternative location be found in the rear yard. Stephen Sender, the owner, appeared and had nothing to add to the requests. Page 17 of 23

18 The Committee asked Mr. Sender if he would be willing to amend the application. to delete the variance for the shed being located in the side yard.. Mr. Sender replied yes, that he would be willing to move the shed to the rear yard. There was no one in attendance either in support of or in opposition to the request. There were no objections from any Departments or Agencies. The Committee is of the opinion that the variances sought can be considered minor and are desirable for the appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will be maintained. MOVED by T. De Cicco Seconded by L. Fluxgold THAT Application No. A104/02 STEPHEN & HÉLÈNE SENDER, regarding the air conditioner unit and pool equipment, be APPROVED, AS AMENDED. 16. FILE NO: A105/02 ALISON ELINORE SHER Part of Lot 28, Concession 1, (Lot 27, Registered Plan 65M-2898, municipally known as 32 Joshua Court). The subject lands are zoned R3, Residential, and subject to the provisions of Exception Number 9(471) under By-Law 1-88 as amended. The applicant is requesting a variance to permit the maintenance of existing pool equipment, notwithstanding, the interior side yard setback to the equipment is 0.38m, rather than the By-law requires the interior side yard setback to be 1.2m. Alison Sher, the owner, appeared and had nothing to add to the request. There was no one in attendance either in support of or in opposition to the request. There were no objections from any Departments or Agencies. The Committee is of the opinion that the variance sought can be considered minor and is desirable for the appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will be maintained. MOVED by L. Fluxgold Seconded by T. De Cicco THAT Application No. A105/02 ALISON ELINORE SHER, be APPROVED. Page 18 of 23

19 MINOR VARIANCE PUBLIC HEARING 17. & 18. FILE NOS: A106/02 & A107/02 QUEENSDALE HOMES INC. S Part of Lots 22 & 23, Concession 5, (Part Block 241, Registered Plan No. 65M-3362; Part Block 311, Registered Plan No. 65M-3266, municipally known as 11 & 15 Adventure Crescent, Maple). S The subject lands are zoned RV4 (WS), Residential Urban Village Zone Four, subject to the provisions of Exception Number 9(1003) under By-law 1-88 as amended. The applicant is requesting a variance to permit the continued construction of two single family semi-detached dwellings with attached garages, (on each of the above blocks), notwithstanding, the minimum front yard setback to the garages will be 4.4 metres, rather than the By-law requires the minimum front yard setback to a garage where the driveway does not cross a sidewalk to be 5.0 metres. Valentino Iacobelli, the agent, appeared on behalf of the owner and stated the purchasers were not available for him to obtain letters from the purchasers. Committee indicated that these letters were necessary and asked that the applicant provide these at the next meeting. Ivan Mraz, 14 Adventure Crescent, Maple, Ontario, L6A 2Z7, appeared in opposition, concerned that the proposed homes would be closer to the street than other homes on the street. 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 agreed to ADJOURN this file to the May 9 th Meeting in order for the agent to obtain letters from the purchasers confirming they are aware of the minor variance applications. MOVED by L. Fluxgold Seconded by T. De Cicco THAT Application Nos. A106/02, A107/02 QUEENSDALE HOMES INC., be ADJOURNED, TO THE MAY 9 TH MEETING. Page 19 of 23

20 MINOR VARIANCE PUBLIC HEARING 19. FILE NO: A108/02 SERAFINA BIANCUCCI Part of Lot 15, Concession 6, (Lot 3, Registered Plan No. 65M-3252, municipally known as 229 Deer Run Court, Woodbridge). The subject lands are zoned R1, Residential, subject to the provisions of Exception Number 9(901) under By-law 1-88 as amended. The applicant is requesting a variance to permit the construction of a concrete deck in the rear yard of an existing two storey single family detached dwelling, notwithstanding, the minimum rear yard setback will be 7.0 metres, rather than the By-law requires the minimum rear yard setback to all building and structures to be 10.0 metres. Serafina Biancucci, the owner, appeared and had nothing to add to the request. There was no one in attendance either in support of or in opposition to the request. There were no objections from any Departments or Agencies. The Committee is of the opinion that the variance sought can be considered minor and is desirable for the appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will be maintained. MOVED by T. De Cicco Seconded by L. Fluxgold THAT Application No. A108/02 SERAFINA BIANCUCCI, be APPROVED. 20. FILE NO: A109/02 MATT & KATHY ORLANDO Part of Lot 19, Concession 4, (Lot 172, Plan No. M-5590, municipally known as 5 Weller Crescent, Maple). The subject lands are zoned R1V, Old Village Residential and subject to the provisions of By-law1-88 as amended. The applicants are requesting a variance to permit the construction of two proposed additions, to be located at the front and rear, as well as a second floor, to an existing one storey single family detached dwelling, notwithstanding, the lot coverage will be 23%, rather than the By-law requires the lot coverage to be 20%. Matt Orlando, the owner, appeared and had nothing to add to the request. There was no one in attendance either in support of or in opposition to the request. Page 20 of 23