MINUTES OF THE MAY 11, 2017 MEETING

Transcription

1 MINUTES OF THE MAY 11, 2017 MEETING Prepared by: Adriana MacPherson

2 The Minutes of the 10 th Meeting of the Vaughan Committee of Adjustment for the year 2017 THURSDAY, MAY 11, 2017 Present at the meeting were: 6:07 p.m. M. Mauti Chair J. Cesario - Vice Chair H.Zheng R. Buckler Members of Staff present: Todd Coles, Secretary Treasurer Adriana MacPherson, Assistant to the Secretary-Treasurer Daniel Rende, Planner Christopher Cosentino, Planner Pia Basilone, Building Standards 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. DISCLOSURE OF PECUNIARY INTEREST None. ADOPTION OR CORRECTION OF MINUTES THAT the minutes of the Committee of Adjustment Meeting of Thursday, APRIL 6, 2017 and Thursday, APRIL 27, 2017, be adopted as circulated. ADJOURNMENTS AND/OR DEFERRALS On April 6, 2017 an was received from ANNELISE GABRIELLI, the applicant, requesting that item 23, File No. A085/17 ANURAG MATHUR & RONJINI RINKI BISWUS, be ADJOURNED to the June 8, 2017 meeting, to allow time to address Planning concerns. THAT that item 29, File No. A085/17 ANURAG MATHUR & RONJINI RINKI BISWUS, be ADJOURNED to the June 8, 2017 meeting. ADMINISTRATIVE CORRECTIONS None. Page 1 of 10

3 MINOR VARIANCE PUBLIC HEARING: Item 6 & 7 FILE NUMBER: B017/17 & A142/17 PURPOSE B017/17: PURPOSE A142/17: PROPOSAL A142/17: REQUIREMENT A142/17: DINA GIAMBATTISTA Part of Lot 22, Concession 7 (Parts 2 & 3, Reference Plan 64R-3469) municipally known as Pine Valley Drive, Woodbridge The subject lands are zoned RR 9(107) under By-law 1-88 as amended The purpose of this application is to request the consent of the Committee of Adjustment to convey parcel of land marked "A" on the attached sketch to grant an EASEMENT in favour of the lands to the WEST, together with all required easements and right-of-ways, if required, and retain the lands marked B on the attached sketch for residential purposes. To permit the construction of an access driveway to serve abutting lands to the west zoned OS2, as follows: To permit an access driveway to serve the abutting lands to the west zoned OS2 Open Space Park. Access and driveways shall be maintained on the lot to which it serves. LEO LONGO, the agent appeared on behalf of the applicant gave a brief submission regarding the request. THAT Application No. B017/17 AND A142/17, DINA GIAMBATTISTA, be APPROVED, in accordance with the attached sketch Item # 8 FILE NUMBER: A094/17 Akhsarbek Sikoev Part of Lot 27, Concession 3 (Lot 4 of Registered Plan 65M-4160) municipally known as 43 Celeste Drive, Maple. The subject lands are zoned R1, Residential Zone and subject to the provisions of Exception 9(1306) under By-law 1-88 as amended. To permit the maintenance and continued construction of a rear yard Cabana structure. 1. To permit 40 square metres of soft rear yard landscaping. 2. To permit a minimum interior side yard setback of 0.81 metres to the accessory building and pool equipment shelter. 3. To permit a minimum rear yard setback of 1.7 metres to the accessory building and pool equipment shelter. 4. To permit a maximum lot coverage of % (42% dwelling % accessory building and pool equipment shelter). 1. A minimum of 70.8 square metres of soft rear yard landscaping is required. 2. A minimum interior side yard setback of 1.5 metres is required. 3. A minimum rear yard setback of 7.5 metres is required. 4. A maximum lot coverage of 42% is permitted. No one appeared on behalf of the application and item was stood down at 6:17 pm to allow for additional time for the representative to arrive. THAT Application No. A094/17, AKHSARBEK SIKOEV, be STOOD DOWN, in order to allow time for applicant to arrive. Page 2 of 10

4 Item # 9 FILE NUMBER: A135/17 COMMITTEE OF ADJUSTMENT MINUTES THURSDAY, MAY 11, ONTARIO INC. Part of Lo13, Concession 5 (Part of Block 6, of Registered Plan 65M-3692), municipally known as 1033 Edgeley Boulevard, Unit 3, Concord. The subject lands are zoned EM1 9(1057) under By-law 1-88 as amended. To permit the maintenance of an existing one storey industrial unit To permit two uses in one unit. 2. To permit a Convenience Eating Establishment as an accessory use to the Employment Use. 1. A unit permits one user for one purpose. 2. An Eating Establishment is not accessory to the Employment Use. The land which is the subject in this application was also the subject of another application under the Planning Act: MINOR VARIANCE APPLICATIONS: A304/17 - ADJOURNED "SINE DIE" Units 2-5- Nov. 20/14 (temporary retail sales event 6X/YR) A103/13 - APPROVED - APR 25/13 Unit 1 (Max. accessory retail area=49% or 1384m2) DAVID DE CIANTIS, the agent appeared on behalf of the applicant gave a brief submission regarding the request. MOVED by H. Zheng Seconded by R. Buckler THAT Application No. A135/17, ONTARIO INC. (FRANK COLAROSSI), be APPROVED, in accordance with the attached sketch Item # 10 FILE NUMBER: A136/17 SHAHIN SHOEYBI Part of Lot 8, Concession 7 (Part 2 of Reference Plan 65R-13799) municipally known as 123 Meeting House Road, Woodbridge. The subject lands are zoned R3, Residential Zone under By-law 1-88 as amended. To permit the maintenance of an existing two-storey single family detached dwelling. 1. To permit a maximum building height of 10.3m for the dwelling. 2. To permit a minimum interior side yard setback of 0.22m for the exterior stairs located in the south interior side yard. 3. To permit a minimum interior side yard setback of 0.33m for the exterior stairs located in the north interior side yard. 4. To permit a central air conditioning unit in the front yard. 1. Maximum building height 9.5m (dwelling). 2. Minimum interior side yard setback 1.2m (exterior stairs). 3. Minimum interior side yard setback 1.2m (exterior stairs). 4. A central air conditioning unit is only permitted in a side or rear yard. The land which is the subject in this application was also the subject of another application under the Planning Act: MINOR VARIANCE APPLICATION: A279/14 - APPROVED - Nov 6/14 (file lapsed) Reapplied for the same variances (A136/17). NICK NOORZAD, the agent appeared on behalf of the applicant gave a brief submission regarding the request. Page 3 of 10

5 ITEM # 10, FILE A136/17 CONTINUED Seconded by R. Buckler THAT Application No. A136/17, SHAHIN SHOEYBI, be APPROVED, in accordance with the attached sketch Item # 11 FILE NUMBER: A137/17 Anthony DiSanto Part of Lot 158, Concession 4 (Lot 23 of Registered Plan 65M-3016) municipally known as 26 Fairmont Avenue, Maple. The subject lands are zoned R3 9(840) under By-law 1-88 as amended. To permit the construction of a rear 1 storey addition to a single family dwelling. To permit a minimum rear yard setback of 8.54 metres. A minimum rear yard setback of 9.0 metres is required. ANTHONY DISANTO, the agent appeared on behalf of the applicant gave a brief submission regarding the request. MOVED by H. Zheng Seconded by R. Buckler THAT Application No. A137/17, ANTHONY DISANTO, be APPROVED, in accordance with the attached sketch Item # 8- Heard at 6:29pm after being previously Stood Down at 6:17pm. AKHSARBEK SIKOEV, appeared on behalf of the application and gave a brief submission regarding the request. THAT Application No. A094/17, AKHSARBEK SIKOEV, be ADJOURNED to May 25, 2017, in order to allow time for applicant to work with the Planning department. Item # 12 FILE NUMBER: A138/17 GHOLAMERZA NAVBI AND MANDEPP K. PANESAR Part of Lot 28, Concession 2 (Lot 34, of Registered Plan 65M-1732), municipally known as 338 Woodland Acres Crescent, Maple. The subject lands are zoned RR, Rural Residential, and subject to the provisions of Exception 9(173) under By-law 1-88, as amended To permit the construction of a proposed two-storey single family detached dwelling. To permit a maximum building height of metres. A maximum permitted building height of 9.5 metres. Page 4 of 10

6 ITEM # 12, FILE A138/17 CONTINUED FRANCO ROMANO, the agent appeared on behalf of the applicant gave a brief submission regarding the request. THAT Application No. A138/17, GHOLAMERZA NAVBI AND MANDEPP K. PANESAR, be APPROVED, in accordance with the attached sketch Item # 13 FILE NUMBER: A139/ Ontario Inc (Cheeranjeev Sally) Part of Lot 26, Concession 9 (Lot 16, Registered Plan 65M-4124) municipally known as 115 Mizuno Court, Kleinburg The subject lands are zoned RR and subject to the provisions of Exception 9(1303) under By-law 1-88 as amended To permit the continued construction of a garage and covered gateway, as follows: 1. To permit a maximum lot coverage of 11.46% (dwelling 9.49%, covered areas 1.97%) 1. Maximum lot coverage 10%. CHEERANJEEV SALLY, the applicant appeared on behalf of the applicant gave a brief submission regarding the request. A Request for Decision was received from Domenic Mariani of 131 Mizuno Crescent, Kleinburg, L0J 1C0 appeared before the Committee in objection and indicated that he believed there were additional variances on the property. Seconded by J. Cesario THAT Application No. A139/17, ONTARIO INC (CHEERANJEEV SALLY), be ADJOURNED to May 25, 2017, in order to allow City staff time to inspect the property to confirm if additional variances are required. Item # 14 FILE NUMBER: A140/17 MIACOUNTRY ENTERPRISES INC. Part of Lot 13, Concession 10 (Part 2, Reference Plan 65R-14735) municipally known as 8934 Huntington Road, Kleinburg. The subject lands are zoned EM1 Prestige Employment Area and OS1 Open Space Conservation, subject to Exception No. 9(1357) under By-law 1-88 as amended. To permit the maintenance of an outdoor patio associated with the banquet hall use, as follows: 1. To permit an outdoor patio use accessory to a Banquet Hall have a maximum floor area of 350m2. 2. To permit no additional parking for the accessory outdoor patio. 3. To permit the use of musical instruments or other mechanical or musical equipment, dancing, theatrical performances and/or audiovisual presentations, music concerts and shows within the area designated for the outdoor patio use. 4. To permit an outdoor patio that is not completely enclosed by a physical barrier and that is accessible from exterior pathways (not only from the interior of the banquet hall use). Page 5 of 10

7 ITEM # 14, FILE A140/17 CONTINUED An outdoor patio shall only be permitted as an accessory use to an Eating Establishment, Eating Establishment Convenience and Eating Establishment Take-Out. 2. The parking required for the outdoor patio shall be equal to that required for the main eating establishment use. 3. The use of musical instruments, or other mechanical or electrical music equipment, dancing, theatrical performances or audiovisual presentations, music concerts and shows, shall not be permitted in the areas designated for the outdoor patio use. 4. The outdoor patio shall be completely enclosed by a physical barrier with access only from the interior of the eating establishment, with the exception of at least one exist to be used only in cases of emergency and which is not from the interior of the main building. The land which is the subject in this application was also the subject of another application under the Planning Act: A182/16 - Approved May 17, parking spaces; 9.85m rear yard setback to building; 1.75m interior side yard setback to building m to deck & 1.27m to stairs; 1.0m eaves & gutter encroachment; 0.0m landscape strip; 22% gfa of building for accessory uses to the banquet hall. B003/11 - Adjourned Sine Die at June 16, 2011 meeting. ANDREW ZAPPONE of WESTON CONSULTING, the agent appeared on behalf of the applicant gave a brief submission regarding the request. The Committee is of the opinion that the variances sought can be considered minor and are desirable for the appropriate MOVED by H. Zheng Seconded by J. Cesario THAT Application No. A140/17, MIACOUNTRY ENTERPRISES INC., be APPROVED, in accordance with the attached sketch Item # 15 FILE NUMBER: A143/17 Leonel & Bertha Vargas Part of Lot 24, Concession 5 (Lot 206 of Registered Plan 65M-3346) municipally known as 19 Gale Way, Maple The subject lands are zoned RV4(WS), Residential Urban Village Four, under By-law 1-88, as amended To permit the continued construction of a covered deck. 1) a minimum rear yard setback of 2.2 metres 1) a minimum required rear yard setback of 6.0 metres BERTHA VARGAS, the applicant appeared and gave a brief submission regarding the request. THAT Application No. A143/17, LEONEL & BERTHA VARGAS, be APPROVED, in accordance with the attached sketch Page 6 of 10

8 Previously Adjourned from the April 27, 2017 meeting Item # 16 TO 20 FILE NUMBER: B012/17, B013/17, A107/17, A108/17 AND A109/17 PURPOSE B012/17: PURPOSE B012/17: PROPOSAL A107/17, A108/17 & A109/17: REQUIREMENT A107/17, A108/17 & A109/17: B012/17 & A107/17: Ahmad Alizadeh Saghati & Bita Farazmand B013/17 & A108/17: Seyed-Medhi Sadrossadat-zadeh & Fatemeh Sabetzadeh A109/17: Ahmad Alizadeh Saghati & Bita Farazmand AND Seyed-Medhi Sadrossadatzadeh & Fatemeh Sabetzadeh Part of Lot 26, Concession 1 (Part of Lot 18&19 of Registered Plan 65R8966) municipally known as 100 & 102 Crestwood Road, Thornhill. The subject lands are zoned R2, Residential, under By-law 1-88, as amended. Conveyance: Addition to an existing lot taken from lands to the West. The purpose of this application is to request the consent of the committee of adjustment to convey parcel of land marked "A" on the attached sketch as an addition to an existing lot, together with all required easements and right-of-ways, if required, and retain the lands marked B on the attached sketch for residential purposes. Conveyance: Addition to an existing lot taken from lands to the East. The purpose of this application is to request the consent of the committee of adjustment to convey parcel of land marked "A" on the attached sketch as an addition to an existing lot, together with all required easements and right-of-ways, if required, and retain the lands marked B on the attached sketch for residential purposes. 1. To permit a minimum lot frontage of 14.8 metres. 1. A minimum lot frontage of 15.0 metres. JIM KOTSOPOULOS of JKO Planning Services Inc., the agent appeared on behalf of the applicant gave a brief submission regarding the request. Requests for Decisions were received from Silvano Novacco of 83 Crestwood Road, Thornhill, ON, L4J 1A4, Mark Lew of 94 Crestwood Road, Thornhill, ON, L4J 1A6, Ron Pansino, 96 Crestwood Road, Thornhill, ON, L4J 1A6, Carlo DiPanilo of 107 Crestwood Road, Thornhill, ON, L4J 1A7, Michael Liftshits of 93 Crestwood Road, Thornhill, ON, L4J 1A7, Ron Lapsker, 106 Crestwood Road, Thornhill, ON, L4J 1A6. They spoke in objection. A Petition-in objection, from other residents on Crestwood Road was also received. Seconded by J. Cesario THAT Application No. B012/17, B013/17, A107/17, A108/17 & A109/17, AHMAD ALIZADEH, SAGHATI BITA FARAZMAND & SEYED-MEDHI SADROSSADAT-ZADEH, FATEMEH SABETZADEH, be REFUSED. Previously Adjourned from the April 27, 2017 meeting Item # 21 FILE NUMBER: B016/17 Josephine Zuccaro and Mario Zuccaro Part of Lot 13/14, Concession 8 (Lots 24 of Registered Plan 65R-34390) municipally known as 376 Stegman's Mill Road, Kleinburg. The subject lands are zoned R1 under By-law 1-88 as amended Addition to an existing lot taken from lands to the East. The purpose of this application is to request the consent of the committee of adjustment to convey parcel of land marked "A" on the attached sketch as an addition to an existing lot, together with all required easements and right-of-ways, if required, and retain the lands marked B on the attached sketch for residential purposes. The land which is the subject in this application was also the subject of another application under the Planning Act: B008/13 - APPROVED - May Creation of a new lot. A135/13 & A136/13- APPROVED - May Lot coverage, setback and height for proposed structures. Page 7 of 10

9 ITEM # 21, FILE B016/17 CONTINUED MARIO ZUCCARO, the applicant appeared on behalf of the applicant gave a brief submission regarding the request. 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. Seconded by R. Buckler THAT Application No. B016/17, JOSEPHINE ZUCCARO & MARIO ZUCCARO, be APPROVED, in accordance with the attached sketch Item # 22 Previously adjourned from January 12, 2017, January 27, 2017, Adjourned Sine Die February 9, 2017 FILE NUMBER: A015/17 MARY GUIDO-BALDASSINI Part of Lot 20, Concession 8 (Lot 3, Registered Plan 65M-4177) municipally known as 20 Clairewood Court, Kleinburg. The subject lands are zoned R1 and subject to the provisions of Exception 9(1241) under By-law 1-88 as amended To permit the construction of a pool house as follows: 1. To permit a minimum interior side yard setback of 1.42m for the pool house 2. To permit a minimum rear yard setback of 0.7m for the pool house. 3. To permit an accessory building (pool house) to be located partially within a side yard. 4. To permit a maximum total lot coverage of 40.65% (dwelling 35.9%, pool house 4.75%). 1. Minimum interior side yard setback of 1.5m (pool house). 2. Minimum rear yard setback of 7.5m (pool house). 3. Accessory building shall only be located in a rear yard (pool house). 4. Maximum total lot coverage of 35%. The land which is the subject in this application was also the subject of another application under the Planning Act: A368/12 - APPROVED December 6, building height 11.44m; lot coverage 36.5%. PETER JARUCZIK of ARC Design Group, the agent appeared on behalf of the applicant gave a brief submission regarding the request. RICK MARCHESAN of 63 Chatsworth Court, Woodbridge, L4L 7G1 submitted a Request for Decision and appeared in objection stating that the applicant requires approval and consent from the developer for the construction of the cabana. Seconded by R. Buckler THAT Application No. A015/17, MARY GUIDO-BALDASSINI, be ADJOURNED to June 8, 2017 in order to allow time for applicant to seek the approval of the developer. Page 8 of 10

10 Previously Adjourned from the April 27, 2017 meeting ITEM # 24 FILE NUMBER: A111/17 ISABELLA FILIPPELLI Part of Lot 11, Concession 7 (Part 2 of Reference Plan 65R-29286), municipally known as 8550 Pine Valley Drive, Woodbridge. The subject lands are zoned RR 9(404) under By-law 1-88 as amended. To permit the construction of a proposed two storey single family detached dwelling. 1. To permit a maximum building height of 10.5 metres for the dwelling. 2. To permit two driveways with entrances on two different streets. 1. A maximum building height of 9.5 metres is permitted. 2. Driveway entrances are only permitted on one street. The land which is the subject in this application was also the subject of another application under the Planning Act: CONSENT APPLICATION: B020/15 Adjourned Sine Die -April 6/15 - creation of a new lot. (FILE CLOSED) B037/06 - Approved June 8, creation of a new lot. MINOR VARIANCE APPLICATION: A112/17 - Adjourned Sine Die -April 6/15 FILE CLOSED A113/17 - Adjourned Sine Die -April 6/15 FILE CLOSED TONY FILIPPELLI, the agent appeared on behalf of the applicant gave a brief submission regarding the request. 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. Seconded by J. Cesario THAT Application No. A111/17, ISABELLA FILIPPELLI, be APPROVED, in accordance with the attached sketch Previously Adjourned from the April 27, 2017 meeting Item # 25 FILE NUMBER: A112/17 CLAUDIO & REENA CESCHIA Part of Lot 19, Concession 6 (Lot 39, of Registered Plan 65M-4137), municipally known as 28 Monteverde Way, Woodbridge. The subject lands are zoned RD2, Residential Detached Zone Two, and subject to the provisions of Exception 9(1283) under By-law 1-88, as amended To permit the continued construction of the cabana and gazebo. 1) A minimum interior side yard setback of 0.55 metres for an accessory structure (Cabana), 2) A maximum height of 2.51 metres for an accessory structure (Cabana), 3) A maximum eave projection of 0.31 metres for an accessory structure (Cabana), 4) A minimum interior side yard setback of 0.52 metres for an accessory structure (Gazebo), 5) A minimum rear yard setback of 1.1 metres for an accessory structure (Gazebo), 6) A minimum interior side yard setback of 0.35 metres for an air conditioner, Page 9 of 10

11 ITEM # 25, FILE A112/17 CONTINUED ) A minimum required interior side yard setback of 0.6 metres for an accessory structure (Cabana), 2) A maximum permitted height of 2.50 metres for an accessory structure (Cabana), 3) A maximum permitted eave projection of 0.30 metres for an accessory structure (Cabana), 4) A minimum required interior side yard setback of 1.2 metres for an accessory structure (Gazebo), 5) A minimum required rear yard setback of 7.5 metres for an accessory structure (Gazebo), 6) A minimum required interior side yard setback of 1.2 metres for an air conditioner, DANIEL FALZON, the agent appeared on behalf of the applicant gave a brief submission regarding the request. A Request for decision form was received from Antonio Mariani of 31 Selvapiano Crescent, Woodbridge, ON, L4H 0X2. Mr. Mariani appeared in objection to the application and appeared on behalf of his parents who reside beside the applicant. THAT Application No. A112/17, CLAUDIO & REENA CESCHIA, be ADJOURNED to June 8, 2017, in order to allow time for the applicant to work with the neighbour towards a mutual agreement. OTHER BUSINESS None. MOTION TO ADJOURN Seconded by J. Cesario THAT the meeting of Committee of Adjustment be adjourned at 7:50 p.m., and the next regular meeting will be held on May 25, Page 10 of 10