The Minutes of the 15TH Meeting of the Vaughan Committee of Adjustment for the year 2003 THURSDAY, AUGUST 21, :00p.m.

Transcription

1 The Minutes of the 15TH Meeting of the Vaughan Committee of Adjustment for the year 2003 THURSDAY, AUGUST 21, 2003 Present at the meeting were: 6:00p.m. M. Mauti K. Connell T. DeCicco S. Perrella Members of Staff present: Dianne E.L. Grout, Secretary-Treasurer Anne Markovsky, Assistant to the Secretary-Treasurer Margaret Holyday, Planner Christina Napoli, Planner Gregory Seganfreddo, Plans Examiner Stephen Lue, Plans Examiner INTRODUCTION OF ADDENDUM REPORTS Seconded by K. Connell That the addendum reports be incorporated into the minutes and be on view at the back of the room in the Report Book. CARRIED DISCLOSURE OF PECUNIARY INTEREST None. ADOPTION OR CORRECTION OF MINUTES Seconded by K. Connell THAT the minutes of the Committee of Adjustment Meeting of Thursday, August 7, 2003,be adopted as circulated. It should be noted that members that were present at the last meeting took part in voting on the adoption of the August 7, 2003 minutes. ADJOURNMENTS AND/OR DEFERRALS It was announced that the originally scheduled September 18, 2003 Committee of Adjustment meeting has been cancelled. The next Committee of Adjustment meeting will be held on October 2, Page 1 of 21

2 ADJOURNMENTS AND/OR DEFERRALS Item # 7 & 8, File Nos. B58/03, A221/03 CANADIAN PACIFIC RAILWAY CO. has been adjourned to the September 4, 2003 meeting, as the Application, Sketch, and Notice of Application has been revised, requiring re-circulation. A fax, dated August 21, 2003 was received from Remo Agostino, Weston Consulting Group Inc., requesting that Item # 11,& 12, File No. B65/03, B66/03 ESTATE OF ARNOLD WIGSTON C/O BILL MARTIN, be adjourned SINE DIE, to provide the applicant an opportunity to address comments received on these applications. A fax, dated August 14, 2003 was received from Janet Gilmore for Robert Colagiacomo, Kleinburg Village Centre Inc., requesting that File No. A224/03 KLEINBURG VILLAGE CENTRE INC., be heard September 18, 2003, pending site plan approval by Council. AS ANNOUNCED ABOVE THE SEPTEMBER 18, 2003 MEETING HAS BEEN CANCELLED, THEREFORE, THIS ITEM WILL PROCEED TO THE OCTOBER 2, 2003 MEETING. It should further be noted that a letter of objection on this file was received on August 20, 2003 from Mark and Lorraine Inglis, 25 Main Street, Kleinburg, L0J 1C0. Notified the writers by phone advising them of the adjournment to the October 2, 2003 meeting. Seconded by T. DeCicco THAT the next Committee of Adjustment meeting will be held on Thursday, October 2, THAT Item # 7 & 8, File Nos. B58/03, A221/03 CANADIAN PACIFIC RAILWAY CO, be adjourned to the September 4, 2003 meeting. THAT Item # 11 & 12, File No. B65/03, B66/03 ESTATE OF ARNOLD WIGSTON C/O BILL MARTIN, be adjourned SINE DIE. THAT Item # 22, File No. A224/03 KLEINBURG VILLAGE CENTRE INC, be adjourned to the October 2, 2003 meeting. CARRIED ADMINISTRATIVE CORRECTIONS None. (PREVIOUSLY ADJOURNED FROM MAY 15, 2003 MEETING) 1. FILE NO: A125/03 ODYEGOV YEVGEN & OLENA POPOVYCH Part of Lot 29, Concession 2, (Lot 4, Registered Plan No.65M-2244, municipally known as 20 Marcus Court, Maple.) (PREVIOUSLY ADJOURNED FROM MAY 15, 2003 MEETING) Page 2 of 21

3 1. FILE NO: A125/03 ODYEGOV YEVGEN & OLENA POPOVYCH The applicants are requesting a variance to permit the construction of additions to the front of an existing two storey single family detached dwelling with attached garage, notwithstanding, the lot coverage will be 13.9%, rather than the By-law requires maximum lot coverage of 10%, (existing coverage is 13.3% which is legal non-conforming) Sketches are attached illustrating the request. The subject lands are zoned RR, Rural Residential and OS1 Open Space Conservation, under By-Law 1-88 as amended. This file was previously adjourned from the May 15, 2003 meeting, pending approval from the Community Planning Department regarding conformity to the Oak Ridges Moraine Conservation Plan. This application was revised from the original submission to conform to the Oak Ridges Moraine and re-circulated for the August 21, 2003 meeting. The Community Planning Department advised this department that the report dated July 24, 2003, submitted by Dillon Consulting Limited, satisfactorily addressed conformity to the Oak Ridges Moraine Conservation Plan. Peter Nikolakakos, Dillon Consulting Limited, appeared as the designated agent on behalf of the applicant and gave a brief submission regarding the request. He presented to the Committee a petition of support from the neighbours, however, it was returned to him to supply us with full mailing addresses. As of the time of the preparation of the minutes, this information was not submitted. There were no objections from any Departments or Agencies. Seconded T. DeCicco THAT 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. AND THAT Application No, A125/03 ODYEGOV YEVGEN & OLENA POPOVYCH be: APPROVED, in accordance with the sketch attached. CONSENT PUBLIC HEARING: 2. FILE NO: B63/03 TINA & PAOLA ROMANO Part of Lot 21, Concession 6, (Lot 5, Plan M-1540, municipally known as 116 Millwood Parkway, Woodbridge). CONSENT PUBLIC HEARING: 2. FILE NO: B63/03 TINA & PAOLA ROMANO Page 3 of 21

4 The purpose of this application is to request the consent of the Committee of Adjustment to convey a parcel of land for the purpose of creating a new lot, for residential purposes, together with all required easements and right-of-ways, if required, and retain the land or residential purposes. The subject lands are currently vacant and there is a proposed detached residential dwelling. The retained lands have an existing residential dwelling. The subject and retained lands are zoned RR, Rural Residential under By-law 1-88 as amended. Other Planning Act Applications: Official Plan Amendment OP OPA 598 Adopted June 23/03 Zoning By-law Amendment Z By-law Plan DA Approved June 23, 2003 Robert Johnston, from RDJ Planning Consultants, appeared as the designated agent and gave a submission regarding the request and the lot size requirements. He stated that the Official Plan Amendment and Zoning By-law Amendment have gone before Council. There were no objections from any Departments or Agencies. Seconded T. DeCicco THAT Application No. B63/03 TINA & PAOLA ROMANO, be REFUSED, in accordance with the sketch attached. PREVIOUSLY ADJOURNED FROM AUGUST 7, 2003 MEETING) 3. FILE NO: A196/ ONTARIO LIMITED Part of Lot 22, Concession 3, (Block 122, Registered Plan 65M-3113, Municipally known as Keele Street, Maple). The subject lands are zoned C8, Office Commercial, subject to the provisions of Exception Number 9 (913 ) under By-Law 1-88 as amended. The applicant is requesting variances to permit the continued construction of a twostorey day care facility and commercial uses, notwithstanding, the nature of the proposed variances, the proposed changes to the existing By-law & the current By-law requirements are as follows: PREVIOUSLY ADJOURNED FROM AUGUST 7, 2003 MEETING) Page 4 of 21

5 3. FILE NO: A196/ ONTARIO LIMITED VARIANCES PROPOSED BY-LAW REQUIREMENT Institutional Use Day Care Facility: Required Landscape Strip abutting 3.0m Keele Street and Masters Avenue 6.0m Minimum Front Yard Setback 3.0m 15.0m Minimum Exterior Side Yard Setback 3.0m 15.0m Minimum Rear Yard Setback 12.0m 15.0m Maximum Lot Coverage 25% 20.0m Office Commercial Use: Required Rear Yard Setback for a commercial use m 22.0m Required Setback from a residential zone to any commercial structure 12.0m 20.0m Other Planning Act Applications The land which is the subject in this application was the subject on an application under the Planning Act for: Minor Variance File No. A3/02 LAPSED (A196/03 is a re-submission with similar variances). A faxed letter was received, dated August 5, 2003 from both Silvia Cuervo, 163 Stonebriar Drive, Maple, Ontario, L6A 2N1 and Luigi Modanese, 157 Stonebriar Drive, Maple, Ontario, L6A 2N1, relating a past outstanding incident regarding a fence backing onto the subject land and requested answers to some questions related to the Committee of Adjustment process. This application was adjourned from the August 7, 2003 meeting, in order for the Committee to conduct a site visit and allow the applicant the opportunity to speak to his neighbours and obtain a revised letter with respect to the fence issue. Sandro Soscia, appeared as the designated agent and gave a brief submission regarding the request. During the discussion it was determined that the fence issue has been resolved and the neighbour most affected is now satisfied. The Planning Department made the following written comments: The subject lands are designated Office Commercial by OPA No.350 (Maple Community Plan), as amended by OPA No.533. OPA No.533 sets out design objectives and criteria reflective of the Maple Streetscape and Urban Design Guidelines. Seconded T. DeCicco THAT the Committee is of the opinion that the variances sought can be considered minor and are desirable for the appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will be maintained. AND THAT Application No, A196/ ONTARIO LIMITED, be APPROVED in accordance with the sketch attached. CONSENT PUBLIC HEARING 4. FILE NO: B67/03 GIOVANNI & ELIZABETH VERGURA Page 5 of 21

6 Part of Lot 6, Concession 2, (South Part of Lot 44, Registered Plan 3541, Municipally known as 84 Lawrie Road, Thornhill). The purpose of the application is to request the consent of the Committee of Adjustment to convey a parcel of land for the creation of a new lot, for residential purposes, together with all required easements and right of ways, if required, and retain the lands for residential purposes. Currently, there is a single family home that straddles both the subject and retained lands (which will be demolished). New single family detached dwellings are proposed for the subject and retained lands. The subject and retained lands are zoned R3, Residential, and subject to the provisions of exception number 9(641) under By-Law 1-88 as amended. Adam Wachetel, was the designated agent on behalf of the applicant and gave a brief submission regarding the request. The Engineering Department made the following written comment: The applicant shall contact the Construction Services Section of the Engineering Department for required municipal service connections and curb cuts. There were no other objections from any Departments or Agencies and any conditions requested are listed below. Seconded by K. Connell THAT Application No. B67/03 GIOVANNI AND ELIZABETH VERGURA, 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 Reserves/Capital Department and Parks Department; 2. That the owner shall pay all taxes as levied, if required, to the satisfaction of the Reserves/Capital Department; (contact Terri Liuni in the Reserves/Capital Department to have this condition cleared). 3. The applicant shall provide the City of Vaughan with an appraisal report, if required and valuation of the subject land (land only) to be prepared by an accredited appraiser, if required. Payment of a Parkland Levy to the City in lieu of deeding of land for park purposes shall be made if a new lot is being created. Said levy is to be 5% of the appraised market value of the subject land as of the date of the Committee of Adjustment giving notice to the Application of the herein decision. Said levy shall be approved by the Manager of Real Estate. Payment shall be made by certified cheque only; CONSENT PUBLIC HEARING 4. FILE NO: B67/03 GIOVANNI & ELIZABETH VERGURA 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 Page 6 of 21

7 application submitted and which shows the dimensions and areas of each part shown on the plan; 5. Upon fulfilling and complying with all of the above-noted conditions, the Secretary- Treasurer of the Committee of Adjustment must be provided with a letter and a Schedule Page, in a format satisfactory to the Secretary-Treasurer, from the Applicant s solicitor confirming the legal description of the subject lands, sufficient for registration purposes the Schedule Page will be an attachment to the Certificate. Upon being satisfied with said legal description and upon all other conditions for the consent having been satisfied, the Secretary-Treasurer shall provide a Certificate of Official to the applicant in accordance with Section 53(42) of the Planning Act, R.S.O. 1990, as amended; 6. A fee of $ made payable to the Treasurer City of Vaughan shall, be submitted to the Secretary Treasurer for the issuance of the Certificate/stamping of the deeds. It will be necessary to allow up to three (3) working days after all conditions have been fulfilled and documentation filed. Same day service is also available for an additional cost of $100.00, 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(20) 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 (above-noted) 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. 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; CONSENT& 5. FILE NOS: B68/03, A218/03, A219/03 to VALLEY MILL DEVELOPMENT LTD. 7. Page 7 of 21

8 Lot 15, Concession 5, (Part 1, Reference Plan No. 65R-23014, municipally known as 3681 Rutherford Road, Woodbridge.) B68/03 - The purpose of this application is to request the consent of the Committee of Adjustment to convey a parcel of land for the purpose of creating a new lot, for neighbourhood commercial purposes, together with all required easements and right-ofways, if required, and retain the land for future industrial subdivision purposes. There is an existing temporary garden centre building on the subject lands. There are four buildings on the retained lands, 1 residential and 3 accessory buildings. The subject and retained lands are zoned A, Agricultural under By-Law 1-88 as amended. A218/03, A219/03 - The applicant is requesting authorization of variances to facilitate the severance of the total lands (B68/03), notwithstanding, the minimum lot area for the subject lands A218/03 will be 2.44ha., rather than the By-law requires minimum lot area of 10ha. The minimum lot area for the retained lands A219/03 will be 8.22ha, minimum interior side yard will be 3.0m, rather than the By-law requires minimum lot area of 10ha, and minimum interior side yard of 9.0m. A218/03 -The subject lands are zoned A, Agricultural, C4 Neighbourhood Commercial. A219/03 -The subject lands are zoned A, Agricultural subject to the provisions of Exception under By-Law 1-88 as amended. There is a temporary Rock Valley nursery trailer on the subject lands to be removed. On the retained lands there is a utility shed and construction trailer to be removed. Other Planning act Applications The land which is the subject in this application is also the subject of an application under the Planning act for: Consent Application B56/00, B57/00, B73/00 APPROVED, AUGUST 31, 2000, consent to sever, lease and easements. DEEDS WERE STAMPED ON FEBRUARY 20, Consent Application B53/03 APPROVED, JUNE 12, 2003, to grant a lease in excess of twenty-one years. CERTIFICATE HAS NOT BEEN ISSUED YET. Robert Johnston, from RDJ Planning Consultants was the designated agent on behalf of the applicant and gave a brief submission regarding the requests. The Engineering Department made the following comments: A site plan application has been approved for the north portion of the subject lands (DA ) This Consent Application will be subject to the conditions within the Subdivision Agreement 19T There were no other objections from any Departments or Agencies and any conditions requested are listed below. CONSENT& 5. FILE NOS: B68/03, A218/03, A219/03 to VALLEY MILL DEVELOPMENT LTD. 7. Page 8 of 21

9 MOVED by T. DeCicco Seconded by S. Perrella THAT Application No. B68/03 VALLEY MILL DEVELOPMENT LTD., be APPROVED, in accordance with the sketch attached and subject to the following conditions: NOTE: All conditions below must be fulfilled and clearance letters must be received by the Secretary-Treasurer before any cheques can be accepted and Certificate of Official can be issued. 1. Payment to the City of Vaughan of a Tree Fee if required, approved by Council as of the date of granting the consent. Payment is to be made by certified cheque, to the satisfaction of the Finance Department and Parks Department; 2. That the owner shall pay all taxes as levied, if required, to the satisfaction of the Reserves/Capital Department; (contact Terri Liuni in the Reserves/Capital Department to have this condition cleared). 3. The applicant shall provide the City of Vaughan with an appraisal report and valuation of the subject land, (land only) to be prepared by an accredited appraiser, if required. Payment of a Parkland levy to the City in lieu of the deeding of land for park purposes shall be made if a new lot is being created. Said levy is to be 2% of the appraised market value of the subject land as of the date of the Committee of Adjustment giving notice to the Applicant of the herein decision. Said levy shall be approved by the Manager of Real Estate. Payment shall be made by certified cheque only 4. That the corresponding Minor Variance Applications A218/03, A219/03 - VALLEY MILL DEVELOPMENT LTD be approved; 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; Page 9 of 21

10 CONSENT& 5. FILE NOS: B68/03, A218/03, A219/03 to VALLEY MILL DEVELOPMENT LTD. 7. IMPORTANT: Pursuant to Section 53(20) 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 (above-noted) 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. 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 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 AND THAT Application Nos, A218/03, A219/03 VALLEY MILL DEVELOPMENT LTD., be: APPROVED, in accordance with the sketch attached and subject to the following conditions: 1. That the corresponding Consent Application File No. B68/03 VALLEY MILL DEVELOPMENT LTD., be approved and be in full force and effect; 2. That if the condition listed above is not fulfilled and the Building Permit is not applied for within twelve (12) months of the date this decision becomes final and binding, the said decision shall expire and shall be deemed to have been annulled and rescinded by the Committee.(PLEASE NOTE THAT THIS TIME PERIOD CANNOT BE EXTENDED IN ANY WAY, FAILURE TO MEET THIS DEADLINE WILL RESULT IN REQUIRING A NEW APPLICATION AND FEE.) Page 10 of 21

11 CONSENT& 5. FILE NOS: B68/03, A218/03, A219/03 to VALLEY MILL DEVELOPMENT LTD. 7. 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. 8. FILE NO: A216/03 ROYALE VILLAGE DEVELOPMENT INC. Part of Lot 19, Concession 6, (Part of Lot 1, Registered Plan 65M-3604, municipally known as 93 Kingsview Drive, Woodbridge). The subject lands are zoned RV2 (WS) Residential Urban Village Zone Two subject to the provisions of Exception Number 9(1083) under By-Law 1-88 as amended. The applicant is requesting a variance to permit the construction of a proposed two-storey single family detached dwelling with an attached garage, notwithstanding, the minimum exterior side yard setback will be 2.05m, rather than the By-law requires the minimum exterior side yard setback to be 2.4m. On August 15, 2003, electronic mail was received from Michael Gorman, JD Barnes Ltd., authorizing Pier De Rosa to replace him as the designated agent on behalf of the applicant. Pier De Rosa appeared and gave a brief submission regarding the request. There were no objections from any Departments or Agencies. Seconded K. Connell THAT 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. Page 11 of 21

12 8. FILE NO: A216/03 ROYALE VILLAGE DEVELOPMENT INC AND THAT Application No, A216/03 ROYALE VILLA DEVELOPMENT INC., be APPROVED in accordance with the sketch attached 9. FILE NO: A217/03 ROSETTA AND MARIO COLAVECCHIA Part of Lot 12, Concession 8 (Lot 172, Registered Plan 65M-2857, municipally known as 119 Castlepoint Drive, Woodbridge). The subject lands are zoned R3 Residential, under By-Law 1-88 as amended and further subject to Exception 9(692). The applicant is requesting variances to permit the maintenance of an in-ground pool and pool equipment, notwithstanding, the nature of the proposed variances, the proposed changes to the existing By-law & the current By-law requirements are as follows: VARIANCES Side yard setback for the existing inground swimming pool Side yard setback for the existing pool heat pump Rear yard setback for the existing inground swimming pool PROPOSED BY-LAW REQUIREMENT 1.13m 1.5m 0.46m 1.37m 1.2m 1.5m A letter of support dated July 18, 2003 was received from Mike Di Taranto, Lot 171, 115 Castlepoint Drive, Woodbridge, Ontario, L4H 1B9. Rosetta Colavecchia, the owner appeared and gave a brief submission regarding the requests. She submitted to the Committee photos illustrating the pool location and the requested setbacks. There were no objections from any Departments or Agencies. Seconded by T. DeCicco THAT the Committee is of the opinion that the variances sought can be considered minor and are desirable for the appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will be maintained. AND THAT Application No, A217/03 ROSETTA AND MARIO COLAVECCHIA, be APPROVED in accordance with the sketch attached. Page 12 of 21

13 MINOR VARIANCE PUBLIC HEARING; 10. FILE NO: A220/03 JOHN & ARGENTINA RICCIUTO Part of Lot 5, Concession 3, (Part of Lot 49, Plan M-2468, municipally known as 72 Southview Drive, Concord.) The subject lands are zoned R1V, Old Village Residential, under By-Law 1-88 as amended. The applicants are requesting a variance to permit the construction of a one storey single family detached dwelling, with attached garage, notwithstanding, the lot coverage will be 23.76%, which would include the covered rear and front porches, and the area covered by stairs from the garage to the basement, rather than the By-law requires maximum lot coverage of 20%. Please note: The existing dwelling to be demolished. Antonino Marcello, 126 Southview Dr., Concord, Ontario, L4K 2L3, son of the applicants appeared and gave a brief submission regarding the request. There were no objections from any Departments or Agencies. Seconded by K. Connell THAT 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. AND THAT Application No, A220/03 JOHN RICCIUTO & ARGENTINA RICCIUTO be: APPROVED, in accordance with the sketch attached. 11. FILE NO: A222/03 MICHELE & PIERA LAURENZA Part of Lot 15, Concession 6, (Lot 29, Registered Plan No. 65M-3566, municipally known as 294 Village Green Drive, Woodbridge). The subject lands are zoned R1, Residential, under By-law 1-88 as amended. The applicants are requesting a variance to permit the construction of a wider driveway at the street curb, to accommodate an existing three car garage, notwithstanding, the proposed maximum driveway width at the street curb will be 8.5 metres, rather than the Bylaw states the maximum driveway width of 6.0 metres is permitted, measured at the street curb. Michele Laurenza, the owner appeared and gave a brief submission regarding the request. Page 13 of 21

14 11. FILE NO: A222/03 MICHELE & PIERA LAURENZA The Community Planning Department made the following written comments: This department has not supported similar requests in the past. It is this department s opinion that the cumulative effect of this application could lead to reduced opportunities for on-street parking and reduced front yard landscaping. The Engineering Department made the following written comments: Engineering Department staff has visited the site in response to the application to widen the driveway and curb cut. There are no existing boulevard items that would be adversely impacted by the proposed widening, however, the widened driveway and required curb cut are not in conformity with By-Law There were no other objections from any Departments or Agencies. Seconded by T. DeCicco THAT 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. AND THAT Application No. A222/03 MICHELE & PIERA LAURENZA, be APPROVED in accordance with the sketch attached. 12. FILE NO: A223/03 GREGORIO MOTA Part of Lot 1, Concession 2, (Lot 39, Registered Plan M-1957, municipally known as 87 Conley Street, Thornhill). S The subject lands are zoned R4, Residential and subject to the provisions of Exception Number 9(469) under By-law 1-88 as amended. The applicant is requesting a variance to permit the construction of a proposed porch for an existing two storey single family detached dwelling, notwithstanding, the minimum interior side yard setback to the proposed porch will be 1.0 metres, rather than the By-law states the minimum interior side yard setback required to the proposed porch shall be 1.2 metres. Carlos Antunes, appeared as the designated agent on behalf of the applicant and gave a brief submission regarding the request. There were no objections from any Departments or Agencies. MOVED by K. Connell Seconded by S. Perrella Page 14 of 21

15 12. FILE NO: A223/03 GREGORIO MOTA THAT 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. AND THAT Application No. A223/03 GREGORIO MOTA, be APPROVED in accordance with the sketch attached. 13. FILE NO: A225/03 SAUL CANTOR & GOLDIE CANTOR Part of Lot 20, Concession 4, (Lot 58, Registered Plan 65M-3098, municipally known as 198 Cherokee Drive, Maple, Ontario.) The subject lands are zoned R3, Residential, under By-Law 1-88, as amended and further subject to Exception 9(887). The applicants are requesting a variance to permit the construction of a rear yard sunroom addition, to an existing two storey single family detached dwelling, with attached garage, notwithstanding, the rear yard setback will be 7.38m, rather than the By-law requires rear yard setback of 9.0m. Nicole Sedore, appeared as the designated agent on behalf of the applicant and gave a brief submission regarding the request. There were no objections from any Departments or Agencies. MOVED by K. Connell Seconded by T. DeCicco THAT 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. AND THAT Application No, A225/03 SAUL CANTOR & GOLDIE CANTOR,be: APPROVED, in accordance with the sketch attached. Page 15 of 21

16 At this time the Committee called File No. A226/03, however, the applicants for this file were not present. The Committee agreed to hear this application in the absence of the applicants. 14. FILE NO: A226/03 VINCE & EMMA PENSATO Part of Lot 19, Concession 4, (Lot 37, registered Plan 4626, municipally known as 26 Naylon Street, Maple). The subject lands are zoned R1V, Old Village Residential and subject to the provisions under By-law 1-88 as amended. The applicants are requesting a variance to permit the continued construction of a porch for an existing one storey single family detached dwelling, notwithstanding, the minimum front yard setback to the proposed porch will be metres, rather than the By-law states the minimum front yard setback to be metres During the submission process letters of support were received from the following residents: Brock Hansler, 23 Naylon Street, Maple, Ontario, L6A 1R8; Christiane Carinci, 25 Naylon Street, Maple, Ontario, L6A 1R8; Gabriella Torriero, 11 Oldfield Street, Maple, Ontario, L6A 1R8. On January 20, 2003, Staff was directed, that the following petition of concerned residents, (who requested to be notified of all future public hearings pertaining to the R1V, Old Village Residential Zone in Maple) be forwarded to and made part of the Committee of Adjustment notification process. David Ross & Jean Geddes 30 GOSLING AVE., L6A 1S3 Evelyn Wilmot 19 RYDER RD., L6A 1E4 Pina Colucci 67 NETHERFORD RD., L6A 1E1 Ruth Moorhead 25 LANCER DR., L6A 1E1 John & Nell Jansen 10 WELLER CRES L6A 1E4 Brian Gardiner 33 GOODMAN CRES., L6A 1E8 Sylvia & Harold Gipps 20 LANCER DR., L6A 1E1 Ernie Zampese 37 GOODMAN CRES., L6A 1E8 Kay Jones 24 GOODMAN CRES., L6A 1E7 Susie Santoriello 12 MALAREN RD., Mario & Lina Rospo 27 MALAREN RD., A. Lombardi 28 MALAREN RD., Barton & Lois Lloyd 43 GOODMAN CRES., L6A 1E8 Herb Fleming 31 WELLER CRES., Doug Chalmers 31 MALAREN RD., L6A 1E2 Page 16 of 21

17 Gerry Steyn 18 LANCER DR., L6A 1E4 M. Halliday 23 GOODMAN CRES., L6A 1E8 Mary &Jim Davis 21 GOSLING RD., L6A 1E2 Vic & Carol Flynn 11 CLEMSON CRES., L6A 1C8 Joan & Al Saunders 28 GOSLING AVE., L6A 1E2 Jim & Debra Robson 2 LANCER DR., L6A 1E4 Rick & Ann Soderberg 53 GOODMAN CRES., L6A 1E2 Rose Ivens 31 WELLER CRES., L. & Sondra Principe 29 MALAREN RD., Beverly A. Guttridge 9 RYDER RD., L6A 1E4 John & B. Nicoll 1 CLEMSON CRES., L6A 1C8 Brigitta Weidenfelder 22 CLEMSON CRES., L6A 1C9 James & Dorothy Craib 15 CLEMSON CRES., L6A 1C8 Paolo Santoriello 12 MALAREN RD C. Hungerson 65 NETHERFORD RD., L6A 1E1 Fred & Sydell Cook 12 CLEMSON CRES., L6A 1C8 Gerhard Schiller 48 LANCER DRIVE L6A 1C9 Eva & Bill Watson 23 LANCER DR., L6A 1E1 Ronald & Judith Marwood 14 WELLER CRES., Howard Porter 21 GOODMAN CRES., L6A 1E8 Derek & Alice Abraham 26 MALAREN RD., Doreen Schanck 35 GOODMAN CRES., L6A 1E8 Anna Granger 52 GOODMAN CRES., L6A 1E2 N. Dodds 66 NETHERFORD RD., L6A 1E1 Tony & Ioli Rinaldi 8 CLEMSON CRES., L6A 1C8 Mildred & Mervyn Rotz 18 CLEMSON CRES., L6A 1C8 Alex Kerr 19 GOODMAN CRES L6A 1E7 Al Albin 75 NETHERFORD RD., L6A 1E1 Abel & Eva Lee 6 CLEMSON CRES., L6A 1C8 Henrique & Mary Amaral 16 CLEMSON CRES., L6A 1C8 Edward Langman 16 LANCER DR., L6A 1E4 Ron Occhionero 83 NETHERFORD RD., L6A 1E1 Gord Ingram 9 MALAREN RD., Glen & Mary Norcliffe 23 MALAREN RD., Rosina Zampese 37 GOODMAN CRES., L6A 1E8 E. & A. Gauvin 10 GOODMAN CRES., L6A 1E7 Karl Kantaroff 43 LANCER DR., L6A 1C9 George Sinclair 3 CLEMSON CRES., L6A 1S7 Bob Gammage 10 MALAREN RD., Page 17 of 21

18 14. FILE NO: A226/03 VINCE & EMMA PENSATO There were no objections from any Departments or Agencies MOVED by K. Connell Seconded T. DeCicco THAT 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. AND THAT Application No. A226/03 VINCE & EMMA PENSATO, be APPROVED in accordance with the sketch attached. The Committee agreed to hear the next two items together. 15. FILE NO: A227/03 PAT VITULLO Part of Lot 15, Concession 6, (Lot 54, Registered Plan No. 65M-3052, municipally known as 195 Orr Avenue, Woodbridge.) The subject lands are zoned RR, Rural Residential, subject to the provisions of Exception Number 9(1141) under By-law 1-88 as amended. The applicant is requesting a variance to permit the construction of a two storey single family detached dwelling with an attached garage, notwithstanding, the maximum lot coverage will be 21%, and the maximum building height will be 10.5 metres, rather than the By-law requires the maximum lot coverage to be 15%, and the maximum building height to be 9.5 metres. 16. FILE NO: A228/03 ANNA PERFETTO Part of Lot 15, Concession 6, (Lot 53, Registered Plan No. 65M-3052,municipally known as 215 Orr Avenue, Woodbridge). The subject lands are zoned RR, Rural Residential, subject to the provisions of Exception Number 9(1141) under By-law 1-88 as amended. The applicant is requesting a variance to permit the construction of a two storey single family detached dwelling with an attached garage, notwithstanding, the maximum lot coverage will be 21%, and the maximum building height will be 10.5 metres, rather than the By-law requires the maximum lot coverage to be 15%, and the maximum building height to be 9.5 metres. Page 18 of 21

19 15. FILE NO: A227/03 PAT VITULLO 16. FILE NO: A228/03 ANNA PERFETTO The applicant Pat Vitullo for File No. A227/03 and agent Carlo Perfetto for File No. A228/03 appeared and gave a brief submission regarding the requests. There were no objections from any Departments or Agencies. MOVED by T. DeCicco Seconded by K. Connell THAT 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. AND THAT Application No. A227/03 PAT VITULLO, be APPROVED in accordance with the sketch attached. THAT 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. AND THAT Application No. A228/03 ANNA PERFETTO, be APPROVED in accordance with the sketch attached 17. FILE NO.: A229/03 JAVED AND FARKHANDA BUTT Part of Lot 8, Concession 6 (Lot 185, Registered Plan 65M-2403, municipally known as 308 Russet Way, Woodbridge). The subject lands are zoned R3 Residential, under By-Law 1-88 as amended. The applicant is requesting variances to permit the construction of a proposed onestorey addition attached to an existing two-storey single family detached dwelling with the garage attached, notwithstanding, the nature of the proposed variances, the proposed changes to the existing By-law & the current By-law requirements are as follows: VARIANCES PROPOSED BY-LAW REQUIREMENT Minimum rear yard setback 6.93m 7.5m Minimum exterior side yard 4.5m 2.74m setback Maximum lot coverage 54.8% 40% Page 19 of 21

20 17. FILE NO.: A229/03 JAVED AND FARKHANDA BUTT Other Planning Act Applications The land which is the subject in this application was the subject on an application under the Planning Act for: Minor Variances File No. A206/86 APPROVED Sept. 11/86 rear yard setback 4.5m (not 7.5m). David Kalny, appeared on behalf of the applicants and gave a brief submission regarding the requests. He presented the Committee with a petition of support, however, it was handed back to him to provide full mailing addresses and to fax it in to the office the following day. As of the time of preparing the minutes, this information was not submitted. There were no objections from any Departments or Agencies. Seconded by K. Connell THAT the Committee is of the opinion that the variances sought can be considered minor and are desirable for the appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will be maintained. AND THAT Application No, A229/03 JAVED AND FARKHANDA BUTT, be APPROVED in accordance with the sketch attached 18. FILE NO: A230/03 PARKTRAIL INDUSTRIAL ESTATES INC Part of Lot 14, Concession 5 (Part 33 of Block 9, Draft Plan of Subdivision 19T-99V01, municipally located on the future road: Four Valley Drive, Concord). By-law 1-88 zones the subject land EM1(H), Prestige Employment Area Subject to Exception 9 (1057) under By-law 1-88 as amended. The applicant is requesting variances to permit the construction of a proposed onestorey building with mezzanine, notwithstanding, the nature of the proposed variances, the proposed changes to the existing By-law & the current By-law requirements are as follows: VARIANCES PROPOSED BY-LAW REQUIREMENT Minimum interior side yard setback 4.5m 6.0m Minimum parking spaces provided Page 20 of 21

21 18. FILE NO: A230/03 PARKTRAIL INDUSTRIAL ESTATES INC Other Planning Act Applications The land which is the subject in this application was the subject on an application under the Planning Act for: Consent File No. B63/00 APPROVED Jul 20/00 (addition to an existing lot taken into the title of lands to the north for interchange ramp purposes). The Engineering Department made the following written comment/condition: Given that the parking reduction request is greater than 10% of the total required parking, the Transportation Section will require a parking Study for this development in support of the proposed reduction. On August 20, 2003 the Engineering Department, Transportation Section submitted a memo stating: staff has received a letter from the applicant detailing the number of employees and visitors to the site on a typical day. The Transportation Section has reviewed the letter and is satisfied that the proposed parking supply will be sufficient to meet the expected demand. Therefore, we no longer require the submission of a parking study, and transportation has no further comments for this application. Lorelie Philp, from A. Baldassarra Architect Inc., appeared as the agent on behalf of the applicant and gave a brief submission regarding the request. There were no objections from any Departments or Agencies. MOVED by T. DeCicco Seconded by S. Perrella THAT the Committee is of the opinion that the variances sought can be considered minor and are desirable for the appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will be maintained. AND THAT Application No, A230/03 PARKTRAIL INDUSTRIAL ESTATES INC, be APPROVED in accordance with the sketch attached OTHER BUSINESS NONE MOTION TO ADJOURN MOVED by T. DeCicco Seconded by K. Connell THAT the meeting of Committee of Adjustment be adjourned at 6:30 p.m., and the next regular meeting will be held on OCTOBER 2, Page 21 of 21