The Minutes of the 16 th.meeting of the Vaughan Committee of Adjustment for the year 2009 THURSDAY, SEPTEMBER 3, :00 p.m.

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1 The Minutes of the 16 th.meeting of the Vaughan Committee of Adjustment for the year 2009 THURSDAY, SEPTEMBER 3, :00 p.m. Present at the meeting were: L. Fluxgold - Chair J. Cesario S. Krcmar M. Mauti Members of Staff present: Todd Coles, Secretary-Treasurer Anne Markovsky, Assistant to the Secretary-Treasurer Mary Serino, Planner Marie Kennedy, Plans Examiner INTRODUCTION OF ADDENDUM REPORTS 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 THAT the minutes of the Committee of Adjustment Meeting of Thursday, August 20, 2009, be adopted as circulated. It should be noted that L. Fluxgold was not present at the August 20, 2009 meeting and did not take part in the adoption of these minutes. CARRIED ADJOURNMENTS AND/OR DEFERRALS Item # 6, File No. A168/09 VALERIE DICIANNA be adjourned to the October 1, 2009 meeting, as the application has been revised requiring re-circulation. This application was previously adjourned from the July 23, August 6 & 20, 2009 meetings. A request for an adjournment was received from agent Murray Evans, Evans Planning, requesting that Item # s 9, 10, 11, File Nos. B031/09, B032/09, A190/09 Terwol Developments Limited, be adjourned to the September 17, 2009 meeting, in order for the applicant s agent to resolve issues with the Engineering Department and neighbouring property owners. Prior to the hearing Orlando DeRosa, 11 Ryan Cres., Markham, Ontario, L6C 1A9, submitted the request for the Notice of Decision. On September 1, 2009 the Engineering Department placed three conditions of approval for file Nos. B031/09, and B032/09. MOVED by J. Cesario THAT Item # 6, File No. A168/09 VALERIE DICIANNA, be ADJOURNED to the October 1, 2009 meeting. THAT Item # s 9, 10, 11, File Nos. B031/09, B032/09, A190/09 Terwol Developments Limited, be ADJOURNED to September 17, 2009 meeting. Page 1 of 9

2 ADMINISTRATIVE CORRECTIONS None. MINOR VARIANCE PUBLIC HEARING (Previously adjourned form the August 20, 2009 meeting.) A188/08 A recap from the August 20, 2009 meeting. Lou Mazzon, the agent, appeared on behalf of the applicants. Mr. Ben Soltan, 28 Majesty Court, Woodbridge, Ontario, L4L 3S6, appeared in opposition to the request. No one else appeared before the Committee either in support of or in opposition to the request. During discussions between the Committee, Mr. Mazzon and Mr. Soltan, Mr. Soltan requested time to speak with the applicants agent outside of the Council Chambers. MOVED by J. Cesario THAT Application No. A188/09 - DAVID & JULIA BREDA, be STOOD DOWN, to allow the neighbour, Mr. Soltan and Mr. Mazzon, the agent, to discuss the application. Both Mr. Mazzon and Mr. Soltan returned to the council chambers at this time. During discussions between the Committee, Mr. Mazzon and Mr. Soltan, Mr. Mazzon, submitted a document with photographs and aerial shots of the subject land to illustrate the variance. Mr. Soltan explained that his lawyer who was to represent him, has been detained due to bad weather and poor traffic conditions and requested that the Committee adjourn the application to the next meeting. A request for decision was received from: Mr. Ben Soltan, 28 Majesty Court, Woodbridge, Ontario, L4L 3S6. These lands may be subject to TRCA approval under Ontario Regulation 166/06. There were no other comments/objections from any Departments or Agencies. THAT Application No. A188/09 - DAVID & JULIA BREDA, be ADJOURNED, to the September 3, 2009 meeting, so that Mr. Soltan s lawyer may be present to partake in the discussions of the application. MINOR VARIANCE PUBLIC HEARING (Previously adjourned form the August 20, 2009 meeting.) Item 1. FILE NUMBER: A188/09 ZONING: DAVID & JULIA BREDA Part of Lot 4, Concession 7, (Lot 41, Registered Plan No. 65M-2059, municipally known as 30 Majesty Court, Woodbridge.) The subject lands are currently zoned R1, Residential, under By-law 1-88 subject to Exception 9(285) as amended. The applicants are requesting a variance to permit the construction of a front two storey addition to an existing two storey single family detached dwelling, with attached garage, as follows: Page 2 of 9

3 MINOR VARIANCE PUBLIC HEARING (Previously adjourned form the August 20, 2009 meeting.) Item 1. FILE NUMBER: A188/09 DAVID & JULIA BREDA PROPOSAL: 1. Minimum interior side yard setback for a two storey structure =.6m BY-LAW REQUIREMENTS: 1. Minimum interior side yard setback for a two storey structure = 1.5m Lou Mazzon, appeared as the designated agent on behalf of the applicants and gave a brief submission regarding the request. He presented to the Committee photos showing the layout of the addition. He indicated to the Committee that he made an effort to contact the neighbour, however, he did not receive a call back and a meeting did not take place. The Committee called the opposing neighbour and/or his representative, however, they were not present at this time. The Committee and the agent agreed to stand this item down to give time for the neighbour or his representative to appear. A building permit application has not been submitted for the proposed addition. These lands may be subject to TRCA approval under Ontario Regulation 166/06 THAT Application No. A188/09 be STOOD DOWN until such time as there will be representation from the opposing neighbour. CONSENT PUBLIC HEARING: Item 2. FILE NUMBER: B028/09 ZONING: ALEXANDER A. & VERNA M. SCOTT Part of Lot 5, Concession 3, (Lots 7 and 8, Registered Plan 2468, municipally known as 2083 Highway #7, Concord). The subject lands are zoned R1V, Old Village Residential. The purpose of this application is to request the consent of the Committee of Adjustment to convey a parcel of land as a technical conveyance for residential purposes, together with all required easements and right of ways. The land being conveyed and the land being retained were formerly separate holdings but have since become consolidated (taken into the same title), and retain the lands for residential purposes. Currently, there is an existing garage with a walk-out basement on the subject land. The retained land has a single family detached dwelling and a framed shed. On August 15, 2009 an was received from agent Marie. L. Scott, authorizing Mr. Aaron Weinstock, 3625 Dufferin Street, Suite 201, Toronto, Ontario, M3K 1Z2 to represent the applicants. Mr. Aaron Weinstock, appeared as the designated agent on behalf of the applicants and gave a brief submission regarding the request. He addressed the TRCA comments and their recommendation for refusal stating that his clients are merely re-establishing the original boundary lines. Domenico Paolo, 44 Hillside Ave., Concord, Ontario, L4K 1X1, appeared in opposition to this application, however, during his deputation it was determined that his concerns had nothing to do with this technical conveyance application. He submitted the request for the Notice of Decision. Page 3 of 9

4 CONSENT PUBLIC HEARING: Item 2. FILE NUMBER: B028/09 ALEXANDER A. & VERNA M. SCOTT Mr. David Sookram, 2101 Highway #7, Concord, Ontario, L4K 1V6, appeared in support of this application and submitted the request for the Notice of Decision. The Committee and Mr Weinstock further discussed the application, noting the concerns from TRCA. Mr. Weinstock indicated that in the event of future development on this property, all necessary concerns from TRCA will be addressed. No one else appeared in support of or in opposition to the request. The shed on the retained lands to be legalized. There were no other comments/objections from any Departments or Agencies and any conditions are listed below. MOVED by S. Krcmar Seconded by M. Mauti THAT Application No. B028/09 - ALEXANDER A. & VERNA M. SCOTT, 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. The garage on the severed lands to be demolished, if required to the satisfaction of the Building Standards Department; 4. 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. 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. A fee of $ made payable to the Treasurer City of Vaughan shall, be submitted to the Secretary Treasurer for the issuance of the Certificate/stamping of the deeds. It will be necessary to allow up to three (3) working days after all conditions have been fulfilled and documentation filed. Same day service is also available for an additional cost of $145.00, provided all conditions of approval have been fulfilled and all required documents are submitted by 11:30 am that day; 7. Prior to the issuance of a building permit, if required, the applicant shall fulfil and comply with all of the above noted consent conditions; IMPORTANT: Pursuant to Section 53(41) of the Planning Act, the applicant shall have a period of one year from the date of the Committee of Adjustment giving Notice of the herein Decision to the Applicant to fulfil and comply with all of the (abovenoted) conditions of Consent. Failing to comply with this requirement will result in the application to be deemed to be refused. ALL CONDITIONS MUST BE FULFILLED. Please contact each Agency and/or Department listed above whether "if required" appears in the condition or not. Page 4 of 9

5 CONSENT PUBLIC HEARING: Item 2. FILE NUMBER: B028/09 ALEXANDER A. & VERNA M. SCOTT 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; At this time the Committee called File No. A188/09 DAVID & JULIA BREDA, which was STOOD DOWN earlier. Item 1. Page 3. FILE NUMBER: A188/09 DAVID & JULIA BREDA Stan Clapp, 18 Erskine Ave., Toronto, Ontario, M4P 1Y2, appeared representing the owners of 28 Majesty Court, and presented his client s concerns. He indicated to the Committee that this addition will have a negative impact to his client. The agent took the podium and addressed the issues raised by the neighbour s solicitor, referred to the photos previously submitted stating that the two storey addition will not impede the neighbouring property. No one else appeared in support of or in opposition to the request. There were no other comments/objections from any Departments or Agencies and any conditions 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. A188/09 - DAVID & JULIA BREDA, be APPROVED, in accordance with the sketch attached, subject to the following conditions; 1. That the applicant submit the variance application fee of $345 payable to the Toronto & Region Conservation Authority, prior to the issuance of a municipal building permit, if required, to the satisfaction of the Toronto & Region Conservation Authority; 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 5 of 9

6 Item 1. Page 3. FILE NUMBER: A188/09 DAVID & JULIA BREDA 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. Item 3. FILE NUMBER: A191/09 PENSIONFUND REALTY LIMITED Part of Lot 11, Concession 3, (Part of Block F, and Block G, Reg. Plan M-1779, municipally known as 10 Planchet Road, Concord). ZONING: The subject lands are zoned EM1, Prestige Employment Area Zone under By-Law 1-88 as amended and further subject to Exception 9(CC). (Commercial Complex) The applicant is requesting a variance to permit the maintenance of two existing, one storey industrial buildings as follows: PROPOSAL: 1. Minimum rear yard setback Building A 6.71m, Building B 6.18m BY-LAW REQUIREMENTS: BACKGROUND: 1. Minimum rear yard setback 12.0m The land which is subject to this application is/was also the subject of another application under the Planning Act: Minor Variance File A17/81 Georgian Building Corporation Appr. Jan. 21, 1981 Rear yard setback of 7.3m. Minor Variance File A94/83 Georgian Building Corporation Appr. Nov. 10, 1983 Rear yard setback 6.7m Bldg A - Rear yard setback 6.3m Bldg B Daniel B. Artenosi, TD Bank Tower, 66 Wellington Street, West, Box 48, Suite 5300, Toronto, Ontario, M5K 1E6, appeared replacing agent Kathryn Munn and gave a brief submission regarding the request. No one appeared in support of or in opposition to the request. Permits were issued under an old by-law #2961. There were no other comments/objections from any Departments or Agencies and any conditions are listed below. The Committee is of the opinion that the variance sought can be considered minor and is desirable for the appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will be maintained. MOVED by J. Cesario Page 6 of 9

7 Item 3. FILE NUMBER: A191/09 PENSIONFUND REALTY LIMITED THAT Application No. A191/09 - PENSIONFUND REALTY LIMITED, be APPROVED, in accordance with the attached sketch and subject to the following conditions: 1. That the applicant submit the variance application fee of $ made payable to the Toronto and Region Conservation Authority, prior to the issuance of a municipal building Permit, if required, to the satisfaction of the Toronto and Region Conservation Authority; 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.) 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. Item 4. FILE NUMBER: A192/09 ZONING: PROPOSAL: BY-LAW REQUIREMENTS: JACK MATROSOV Part of Lot 25 Concession 2, (Lot 2, Registered Plan No. 65M-3916, municipally known as 25 Little Marco Crt., Maple.) The subject lands are zoned RD2, Residential Detached Zone Two under By-law 1-88 as amended. The applicant is requesting variances to permit the construction of an inground pool partially in the interior side yard and to permit the construction of an accessory structure/pool equipment enclosure in the interior side yard, as follows: 1. To permit a swimming pool to be located partially with the interior side yard. 2. To permit an accessory structure/pool equipment enclosure in the interior side yard. 1. A swimming pool shall be located entirely within the rear yard. 2. An accessory structure is permitted in the rear yard only. On August 24, 2009 a request for the Notice of Decision was received from Alain Sousa, 21 Little Marco Court, Vaughan, Ontario, L6A 0C6. Jack Matrosov, the applicant, appeared on his own behalf and gave a brief submission regarding the request. No one appeared in support of or in opposition to the request. A pool permit has not been issued. The subject lands may be subject to the Oak Ridges Moraine Conservation Act., RSO There were no other comments/objections from any Departments or Agencies. Page 7 of 9

8 Item 4. FILE NUMBER: A192/09 JACK MATROSOV 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 S. Krcmar THAT Application No. A192/09 - JACK MATROSOV, be APPROVED, in accordance with the sketches attached. Item 5. FILE NUMBER: A193/09 ZONING: F.B. (SKIP) CONNETT Part of Lot 34, Concession 1, (Lot 76, Plan No. M-0681, municipally known as 15 Idleswift Drive, Thornhill.) The subject lands are zoned R1V, Old Village Residential Zone under By-law 1-88 as amended. The applicant is requesting variances to permit the construction of a rear yard two storey addition, deck and deck stairs, to an existing two storey single family detached dwelling, with attached garage, as follows: PROPOSAL: 1. To permit a maximum Lot Coverage of 22.2 %. 2. To permit an exterior side yard setback of 4.87 metres. 3. To permit an exterior side yard setback of 4.75 metres to the proposed deck. 4. To permit an exterior side yard setback of 3.96 metres to the proposed deck stairs. BY-LAW REQUIREMENTS: 1. A maximum lot coverage of 20.0% is permitted. 2. A minimum exterior side yard setback of 9.0 metres is required. 3. A minimum exterior side yard setback of 7.2 metres is required to the deck. 4. A minimum exterior side yard setback of 9.0 metres is required to the deck stairs. Mr. Connett, the applicant appeared on his own behalf and gave a brief submission regarding the request. A question was raised by the Committee regarding the sketch that was submitted with the application. It appeared that the survey obtained from the Building Department dated 1958 did not match the one submitted with the application. During the discussion the Committee and the applicant agreed to adjourn this application to the September 17, 2009 meeting, in order for the applicant to submit an up to date survey. No one appeared in support of or in opposition to the request. A building permit has not been issued. The Ontario Building Code requires a building permit for structures that exceed 10m2. There were no other comments/objections from any Departments or Agencies. MOVED by S. Krcmar THAT Application No. A193/09 - F.B. (SKIP) CONNETT, be ADJOURNED: to September 17, Page 8 of 9

9 OTHER BUSINESS: None. MOTION TO ADJOURN MOVED by J. Cesario THAT the meeting of Committee of Adjustment be adjourned at 6:45 p.m., and the next regular meeting will be held on SEPTEMBER 17, Page 9 of 9