The Minutes of the 10 th Meeting of the Vaughan Committee of Adjustment for the year 2007 THURSDAY, MAY 17, :00p.m.

Transcription

1 The Minutes of the 10 th Meeting of the Vaughan Committee of Adjustment for the year 2007 THURSDAY, MAY 17, 2007 Present at the meeting were: 6:00p.m. M. Mauti Chair J. Cesario D. H. Kang M. S. Panicali Members of Staff present: Todd Coles, Secretary-Treasurer Lenore Providence, Assistant to the Secretary-Treasurer Ryan Mino, Planner Mike Ridgewell, Plans Examiner INTRODUCTION OF ADDENDUM REPORTS Seconded by D. H. Kang 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 M. Mauti, declared a conflict of interest in regards to item # 14, File #, A141/07, SOBEYS CAPITAL INCORPORATE, due to Bell Canada s involvement with Sobeys. ADOPTION OR CORRECTION OF MINUTES Seconded by J. Cesario THAT the minutes of the Committee of Adjustment Meeting of Thursday, May 3, 2007, be adopted as circulated. CARRIED It should be noted that M. Mauti and D. H. Kang abstained from voting on the above matter as they were not present at the May 3, 2007 meeting. ADJOURNMENTS AND/OR DEFERRALS None. ADMINISTRATIVE CORRECTIONS Seconded by J. Cesario ITEM NO. 6 FILE NO. A050/07 APPLICANT: YVONNE & DAVID PARAG NOTICE OF APPLICATION SHOULD READ: The applicants are requesting variances to permit the construction of a rear yard covered and enclosed sunroom on a portion of an existing rear yard deck over a walkout basement NOT: The applicants are requesting variances to permit the construction of a rear yard covered and nd enclosed 2. Floor sun room CARRIED Page 1 of 18

2 Previously adjourned from the February 8, April 5, and May meetings. 1. FILE NO.: A050/07 YVONNE AND DAVID PARAQ Part of Lot 23, Concession 4, (Lot 20, Registered Plan No. 65M-3065, municipally known as 15 Munro Close, Maple.) The subject lands are zoned R2, Residential, under By-law 1-88 subject to Exception 9(840) as amended. The applicants are requesting variances to permit the construction of a rear yard covered and enclosed sunroom on a portion of an existing rear yard deck over a walkout basement, and to permit the maintenance of a widened driveway, and front yard landscaping, to a two storey single family detached dwelling, with attached garage, as follows: Proposal: 1. Maximum driveway width = 9.5m 2. Minimum landscaped front yard = 42% 3. Minimum required rear yard = 4.84m 1. Maximum driveway width = 9.0m 2. Minimum landscaped front yard = 50% 3. Minimum required rear yard = 9.0m This application was previously adjourned from the February 8, and April 5, 2007 meetings. The application was revised and re-circulated for the May 3, 2007 meeting. Other Planning Act Applications The land which is the subject in this application was also the subject of another application under the Planning Act: Minor Variance File No. A103/98 (Submitted by Woodpath Estates Inc.) - Approved APRIL 23, 1998, for a rear yard setback to the deck and stairs at 3.2m. Mr. Parag, the applicant, appeared on his own behalf, along with Giancarlo Tari and Paul Willougby, 400 Spinnaker Way, Concord, Ontario, L4K 5Y9, who spoke in regards to the sun room. During Mr. Parag s submission, he submitted mounted photographs, a poster drawing of the driveway to the Committee with a letter explaining each picture. He also submitted to the Committee letters from the following neighbours stating that they remain neutral on this application: Ziad Kattini, 14 Munro Close, Maple, Ontario, L6A 2G4 and Phong and Nhu Nguyen, 19 Munro Close, Maple, Ontario, L6A. Mr. Parag also submitted a letter withdrawing their objection to the issue of the driveway from Mike and Brenda Kakish, 366 Cunningham Drive, Maple, Ontario, L6A 2G4. Irene Lamanna, 18 Munro Close, Maple, Ontario, L6A 2G4 appeared in opposition on behalf half of herself and Mr. Tony Monardo, 9 Munro Close, Maple, Ontario, L6A 2G4, who provided a letter and petition of object from the following people: Tony and Irma Monardo, 9 Munro Close, Maple, Ontario, L6A 2G4; Irene Lamanna and Felice Lamanna, 18 Munro Close, Maple, Ontario, L6A 2G4; Marco Simone, 6 Munro Close, Maple, Ontario, L6A 2G4; Angelo and Daiana DiMartino, 370 Cunningham Drive, Maple, Ontario, L6A 2G4; Cecilia and Joe Lanno, 360 Cunningham Drive, Maple, Ontario, L6A 2G4; Antonio Carelle, 1 Helmsdale Avenue, Maple, Ontario, L6A 2G4; Elver and Susan Stolf, 51 Sierra Court, Maple, Ontario, L6A 2E5; Antonella Monardo and Melissa Monardo 9 Munro Close, Maple, Ontario, L6A 2G4; Mike and Brenda Kakish, 366 Cunningham Drive, Maple, Ontario, L6A 2G4. Irene Lamanna submitted a letter of concern from Mr. and Mrs. A. DiNicolantonio, 2 Munro Close, Maple, Ontario, L6A 2G4. Page 2 of 18

3 Previously adjourned from the February 8, April 5, and May meetings. 1. FILE NO.: A050/07 YVONNE AND DAVID PARAQ There was no one else in attendance either in support of or in opposition to the request. There were discussions between Mr. Parag, Ms. Lamanna and the Committee. The Committee acknowledged that issues outside of the variances can not be addressed by this Committee, namely the location of garbage and snow piles. Letters requesting a copy of the decision were received from the following people: Irene Lamanna, 18 Munro Close, Maple, Ontario, L6A 2G4 for Tony Monardo, 9 Munro Close, Maple, Ontario, L6A 2G4 and Giancarlo Tari and Paul Willougby, 400 Spinnaker Way, Concord, Ontario, L4K 5Y9 There were no new comments/objections from any Departments or Agencies. PREVIOUSLY DOCUMENTED : April 25, The Development Planning Department made the following written comments: Previously, this Department had not supported the above-noted application on the basis that the applicant was looking for a curb cut that was larger than this Department generally supports. However, the Applicant has amended his application and is no longer requesting an increased curb cut but rather is requesting a reduction in the required front yard landscaping as a result of a widened driveway. The Applicant has increased the width of the driveway 0.5m greater than the By-law permits using an aesthetically pleasing landscaped paving stone. The Development Planning has no objection to the widened driveway and reduction in soft landscaping in this location as the variances are considered minor and the Applicant has included landscaping elements other than concrete and asphalt which accent the visual streetscape. Furthermore, the Development Planning Department had previously recommended refusal of the enclosed sunroom at the rear of the porch as the requested variance for the rear yard setback had been considered to be quite large. However, it has become evident that a previous Minor Variance Application A103/98 was approved by the Committee of Adjustment in support of a 3.2m rear yard setback for the existing deck. The Applicant is proposing to construct the enclosed sunroom on the southwest portion of the deck that is furthest from the neighbours and 4.84m from the rear property line to the closest point of the sunroom. The proposed sunroom will comply with the interior side yard setback and lot coverage provisions of the By-law. On this basis, the Development Planning Department has no objection to the proposed rear yard setback to the proposed sunroom enclosure. The above-noted variances are considered to be minor in nature, are considered to be consistent and compatible with the surrounding land uses and are appropriate for the development of the subject lands. On this basis, the Development Planning Department has no objection to Minor Variance Application A050/07. April 13, The Building Standards Department made the following written comments: As this lot has a frontage of m; a maximum driveway width of 9.0m is permitted subject to landscape requirements however the maximum curb cut is 6m. May 3, The Engineering Department made the following written comments: Further to the memo dated February 2, 2007, the Engineering Department staff has visited the site in response to the application. There is no defined drainage swale between the adjacent properties; however, the water will drain properly since there is enough grade slope to the front of the property. Therefore, the Engineering Department can support the driveway width of 9.5m. Page 3 of 18

4 Previously adjourned from the February 8 & April 5,2007 meetings. 2. FILE NO.: A050/07 YVONNE AND DAVID PARAQ PREVIOUSLY DOCUMENTED cont d : On May 3, 2007: Mr. Monardo, submitted a petition in opposition to the request, signed by the following people: Tony and Irma Monardo, 9 Munro Close, Maple, Ontario, L6A 2G4; Irene Lamanna and Felice Lamanna, 18 Munro Close, Maple, Ontario, L6A 2G4; Marco and Assunta Simone, 6 Munro Close, Maple, Ontario, L6A 2G4; A. and A. DiNicolantonio, 2 Munro Close, Maple, Ontario, L6A 2G4; Josefina Nuez, 5 Munro Close, Maple, Ontario, L6A 2G4; Jim Lee, 14 Munro Close, Maple, Ontario, L6A 2G4; Peter and Rose Settecase, 380 Cunningham Drive, Maple, Ontario, L6A 2G4; Mike and Brenda Kakish, 366 Cunningham Drive, Maple, Ontario, L6A 2G4; Angelo and Daiana DiMartino, 370 Cunningham Drive, Maple, Ontario, L6A 2G4; Rose and Renato Catinari, 441 Cunningham Drive, Maple, Ontario, L6A 2G4; Sam and Anna Ferrara 468 Cunningham Drive, Maple, Ontario, L6A 2G4; Antonella Monardo and Melissa Monardo 9 Munro Close, Maple, Ontario, L6A 2G4; Phong and Nuh Nguyen, 19 Munro Close, Maple, Ontario, L6A 2G4; Joseph Cordi, 9 Helmsdale Avenue, Maple, Ontario, L6A 2G4; Elver and Susan Stolf, 51 Sierra Court, L6A 2E5; and Ziad Kattini, 14 Munro Close, Maple, Ontario, L6A 2G4; Letters requesting a copy of the decision were received from the following people: Mr. Mike Kakish, 366 Cunningham Drive, Maple, Ontario, L6A 2G4; Tony Monardo, 9 Munro Close, Maple, Ontario, L6A 2G4; Cecilia Origlieri-Lanno, 360 Cunningham Drive, Maple, Ontario, L6A 2G4. A letter of non-support was received from Mr. Vincenzo Mora, 356 Cunningham Drive, Maple, Ontario, L6A 2G4, with photographs and signed by the following people: Jason Lanno, Michael Lanno and Cecidio Lanno, 360 Cunningham Drive, Maple, Ontario, L6A 2G4; Mike and Brenda Kakish, 366 Cunningham Drive, Maple, Ontario, L6A 2G4; Vincenzo Mora, Mary Mora and Michael Mora, 356 Cunningham Drive, Maple, Ontario, L6A 2G4. On January 10, 2007 Mr. Parag submitted photographs to illustrate his request. Seconded by D. H. Kang THAT Application No. A050/07 YVONNE & DAVID PARAG, be APPROVED, in accordance with the sketches attached.. CONSENT PUBLIC HEARING: 2. FILE NO.: B037/07 STELA DANIEL Part of Lot 26, Concession 1, (Part of Lot 53,Plan No. M-3205, Reference Plan No. 65R , located at Townsgate Drive, South side of 149 Crestwood Road, Thornhill.) 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 lands for residential purposes. Both the subject and retained lands are currently vacant, and residential dwellings are proposed. Page 4 of 18

5 CONSENT PUBLIC HEARING: 2. FILE NO.: B037/07 STELA DANIEL The subject and retained lands are zoned R3-H, Residential Zone Three with a Holding Zone Provision and subject to the provisions of Exception 9(735) under By-Law 1-88 as amended. Other Planning Act Applications The land which is the subject in this application was also the subject of another application under the Planning Act: Zoning By-law Amendment Z PENDING - AS PER APPLICANT. Rocco S. Russo, the agent, appeared on behalf of the applicant. There were no comments/objections from any Departments or Agencies. Seconded by D. H. Kang THAT Application No. B037/07 - STELA DANIEL, 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 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 5% 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. 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; 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 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; Page 5 of 18

6 CONSENT PUBLIC HEARING: 2. FILE NO.: B037/07 STELA DANIEL 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; 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; 3. FILE NO.: A134/07 MICHAEL SMITH AND BELINDA MORALE Part of Lot 33, Concession 1, (Lot 129, Plan No.M-681, municipally known as 22 Uplands Avenue, Thornhill.) The subject lands are zoned R1V, Old Village Residential Zone and subject to the provisions of Exception 9(662) under By-law 1-88 as amended. The applicants are requesting variances to permit the construction of a two storey addition to a one storey single family detached dwelling, with attached garage, as follows: Proposal: 1. To maintain an existing lot frontage of 28.0 metres. 2. To permit an exterior side yard setback of 4.6 metres. 3. To permit a front yard setback of 12.1 metres. 4. To permit a maximum lot coverage of 22.5 %. Page 6 of 18

7 3. FILE NO.: A134/07 MICHAEL SMITH AND BELINDA MORALE 1. A minimum lot frontage of 30.0 metres is required. 2. A minimum exterior side yard setback of 9.0 metres is required. 3. A minimum front yard setback of metres is required. 4. A maximum lot coverage of 20.0 % is permitted. Michael Smith and Belinda Morale, the applicants appeared on their own behalf. Letters of support were received from the following people: Aino Arento, 20 Uplands Avenue, Thornhill, Ontario, L4J 1J9; Art Mathies, 26 Uplands Avenue, Thornhill, Ontario, L4J 1K2; Barbara Meilleur and Joseph Fiannaca, 2 Vistaview Boulevard, Thornhill, Ontario, L4J 2A5 There were no comments/objections from any Departments or Agencies. THAT the Committee is of the opinion that the variances sought can be considered minor and are desirable for the appropriate development and use of the land. The general intent and purpose Seconded by D. H. Kang THAT Application No. A134/07 MICHAEL SMITH & BELINDA MORALE, be APPROVED, in accordance with the sketches attached. 4. FILE NO.: A135/07 STAR FLOWER PROPERTIES AND MUZZO BROTHERS GROUP INC. Part of Lot 11, Concession 5, (Part of Block 4, Registered Plan 65M-3107, municipally known as 51 Terecar Drive, Woodbridge). The subject lands are zoned EM2 (H), under By-Law 1-88 as amended and further subject to Exception 9(8410). The applicant is requesting variances to permit the construction of a multi-unit industrial building, notwithstanding, the proposed changes to the existing By-Law & current By-Law requirements are as follows: Proposal: 1. Minimum rear yard setback 6.0m 1. Minimum rear yard setback 12.0m Nick Gougoulias, the agent, appeared on behalf of the applicant. Page 7 of 18

8 4. FILE NO.: A135/07 STAR FLOWER PROPERTIES AND MUZZO BROTHERS GROUP INC. The Ministry of Transportation, Central Region Corridor management Section made the following written comments: o The subject site is located within the Ministry s permit control area and therefore and development of this site will require a MTO Building and Land Use Permit prior to construction. o Any location/development signs will require MTO sign permits prior to installation. There were no other comments/objections from any Departments or Agencies. The Committee is of the opinion that the variance sought can be considered minor and is Seconded by J. Cesario THAT Application No A135/07, STAR FLOWER PROPERTIES AND MUZZO BROTHERS GROUP INC., be APPROVED in accordance with the sketch attached 5. FILE NO.: A136/07 DUT NGUYEN Part of Lot 15, Concession 5, (Block 1, Registered Plan No.65M-3696, municipally known as 3175 Rutherford Road, Unit # 74, Building L, Maple.) The subject lands are zoned C1, Restricted Commercial under By-Law 1-88 as amended and further subject to Exception 9(1030). The applicant is requesting a variance to permit the construction of a one storey eating establishment, as follows: Proposal: 1. Maximum Gross Floor Area devoted to eating establishments 29.7% 1. Maximum Gross Floor Area devoted to eating establishments 20%. Tina Nguyen, the agent, appeared on behalf of the applicant. There were no comments/objections from any Departments or Agencies. The Committee is of the opinion that the variance sought can be considered minor and is Page 8 of 18

9 5. FILE NO.: A136/07 DUT NGUYEN Seconded by J. Cesario THAT Application No. A136/07 DUT NGUYEN, be APPROVED, in accordance with the sketches attached. 6. FILE NO.: A137/07 SAVERIO GALLELLI Part of Lot 16, Concession 5, (Lot 10, Registered Plan No.65M-3348, municipally known as 30 Sunview Drive, Woodbridge.) The subject lands are zoned RV4, (WS) Residential Urban Village Four Zone under By-Law 1-88 as amended and further subject to Exception 9(1019). The applicant is requesting variances to permit the maintenance of a rear yard shed, inground swimming pool and air conditioner unit, as follows: Proposal: 1. Minimum rear yard set back to shed having a maximum floor area of 8m 2 = 0m 2. Minimum interior side yard setback to shed having a maximum floor area of 8m 2 = Minimum side yard setbacks (both yards) from pool = 1.2m 4. Minimum interior side yard setback to air conditioning unit = 0.1m 5. Minimum interior side yard setback to eaves and gutters of a shed having a maximum floor area of 8m 2 = 0.2m 1. Minimum rear yard setback to shed 0.6m 2. Minimum side yard setback to shed 0.6m 3. Minimum side yard setback (both sides) for pool 1.5m 4. Minimum interior side yard setback to air conditioning unit 1.2m 5. Minimum interior side yard setback to eaves and gutter 0.3m Saverio Gallelli, the applicant, appeared on his own behalf. During discussion between Mr. Gallelli and the Committee, the Committee asked if the shed can be moved. Mr. Gallelli submitted photographs to illustrate the difficulty he would encounter in moving the structure. The Committee discussed their reluctance to support zero setbacks and discussed on what basis this application could be supported. There were no comments/objections from any Departments or Agencies. The Committee is of the opinion that the variances sought can be considered minor and are Page 9 of 18

10 6. FILE NO.: A13/07 SAVERIO GALLELLI MOVED by D. H. Kang Seconded by M. S. Panicali THAT Application No. A137/07 SAVERIO GALLELLI, be APPROVED, in accordance with the sketches attached, on the basis that the proposed shed abuts open space and has been supported by staff. 7. FILE NO.: A139/07 DOMINGOS A. GOUVEIA Part of Lot 23, Conc. 4, (Lot 73, Registered Plan No. 65M-3065, municipally known as 411 Cunningham Drive, Maple.) The subject lands are zoned R3, Residential under By-law 1-88 subject to Exception 9(840) as amended. The purpose of this application is to request a variance to permit the maintenance of a rear yard deck as follows: Proposal: Minimum rear yard setback to deck = 5.79m Minimum rear yard setback to deck = 7.2m Domingos M. Gouveia, the agent, appeared on behalf of his father, the applicant. There were no comments/objections from any Departments or Agencies. The Committee is of the opinion that the variance sought can be considered minor and is MOVED by J. Cesario Seconded by M. S. Panicali THAT Application No. A139/07 DOMINGOS A. GOUVEIA, be APPROVED, in accordance with the sketch attached; Page 10 of 18

11 8. FILE NO.: A140/07 SPYRIDON TSEPELIS Part of Lot 19, Concession 5, (Lot 4, Registered Plan No.65M-3422, municipally known as 127 Cormorant Cres., Woodbridge.) The subject lands are zoned RV4, (WS) Residential Urban Village Four Zone under By-Law 1-88 as amended and further subject to Exception 9(1019). The applicant is requesting a variance to permit the construction of a rear yard deck over a walk out basement, to a two storey single family detached dwelling, with attached garage, as follows: Proposal: 1. Minimum rear yard setback for proposed deck 2.95m 1. Minimum rear yard setback for proposed deck 4.2m Mr. Spyridon Tsepelis, the applicant, appeared on his own behalf. A request for a copy of the decision was received from Ashraf Hanna, 34 Oxbow Court, Woodbridge, Ontario, L4H 2V4. There were no comments/objections from any Departments or Agencies and any conditions requested are listed below. The Committee is of the opinion that the variance sought can be considered minor and is Seconded by J. Cesario THAT Application No. A140/07 SPYRIDON TSEPELIS, be APPROVED, in accordance with the sketches attached, and subject to the following conditions; 1. That the applicant successfully obtain an Ontario Regulation 166/06 permit from the TRCA for the proposed deck addition, prior to the issuance of a municipal building permit, if required, to the satisfaction of the Toronto & Region Conservation Authority; 2. That the applicant submit a topographical survey for our review at the permitting stage, if required, to the satisfaction of the Toronto & Region Conservation Authority; 3. 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 11 of 18

12 It should be noted that M. Mauti, left the council chambers at this time, due to a previously disclosed conflict of interest. MOVED by J. Cesario Seconded by D. H. Kang THAT M. S. Panicali be appointed as Acting Chair for the hearing of File No. A141/07 9. FILE NO.: A141/07 SOBEYS CAPITAL INCORPORATED Part of Lot 9, Conc. 9, (municipally known as 8265 Huntington Road, Woodbridge.) The subject lands are zoned EM2, General Employment Area and OS1, Open Space Conservation under By-Law 1-88 as amended and further subject to exception 9(1254). The purpose of this application is to request variances to permit the construction of a distribution facility, notwithstanding, the proposed changes to the existing By-Law & current By- Law requirements are as follows: Proposal 1) A minimum of 229 parking spaces. 2) To permit loading between a building and a street as depicted. 3) A maximum driveway entrance and aisle width of 21.2m. 1) A minimum of 475 parking spaces. 2) Loading spaces are not permitted between a building and a street. 3) A maximum driveway entrance and aisle width of 13.5m. Other Planning Act Applications The lands which is the subject in this application was also the subject of an application under the Planning Act for: Site Plan Application DA Pending Jodi Shpigel, the agent, appeared on behalf of the applicant. There were no comments/objections from any Departments or Agencies. The Committee is of the opinion that the variances sought can be considered minor and are MOVED by D. H. Kang Seconded by J. Cesario THAT Application No. A141/07 SOBEYS CAPITAL INCORPORATED, be APPROVED, in accordance with the sketch attached; It should be noted that M. Mauti returned to the council chambers at this time and resumed her role as Chair. Page 12 of 18

13 10. FILE NO.: A142/07 DAVID GAGGI Part of Lot 21, Concession 4, (Lot 94, Registered Plan 65M Municipally known as 19 Armour Street, Maple). The subject lands are zoned R2, Residential under By-law 1-88 subject to Exception 9(475) as amended. The applicant is requesting variances to permit the maintenance of an existing garden house gazebo, shed and pump room, notwithstanding, the proposed changes to the existing By-Law & current By-Law requirements are as follows: Proposal: 1. Accessory structure (shed) permitted in the interior side yard. 2. Minimum rear yard setback to accessory structure (gazebo) = 5.13m 3. Accessory structure (pumproom) permitted in the interior side yard. 4. Minimum interior side yard setback to pump room =.84m David Gaggi, the applicant, appeared on his own behalf. 1. Accessory structure (shed) permitted in rear yard only. 2. Minimum rear yard setback to accessory structure (gazebo) = 7.5m 3. Accessory structure (pump room) permitted in rear yard only. 4. Required minimum interior side yard setback to pump room = 1.2m On April 18, 2007, Mr. Gaggi, submitted a petition in support of his application from the following people: Jack Ban Ryn 23 Armour Street, Maple, Ontario, L6A 1A7; Mary Van Ryn, 20 Armour Street, Maple, Ontario, L6A 1A7; Rita El-Eskandarani, 15 Armour Street, Maple, Ontario, L6A 1A7; Carol Sguigna, 12 Cranney Street, Maple, Ontario, L6A 1A6 and William Morgan, 16 Cranny Street, Maple, Ontario, L6A 1A6. On May 1, 2007, Mr. Gaggi submitted Photographs and letters of support from the following people: Mary Van Ryn, 23 Armour Street, Maple, Ontario, L6A 1A7 and Rita El-Eskandarani, 15 Armour Street, Maple, Ontario, L6A 1A7. The Building Standards Department made the following written comments: As the rear yard is greater than 135m2 a minimum of sixty percent (60%) of that portion of the rear yard in excess of 135m2 (approximately 85m2 applicant to verify) shall be composed of soft landscaping (trees, shrubs, flowers, grass). There were no other comments/objections from any Departments or Agencies. The Committee is of the opinion that the variances sought can be considered minor and are MOVED by J. Cesario Seconded by D. H. Kang THAT Application No A142/07, DAVID GAGGI, be APPROVED in accordance with the sketch attached Page 13 of 18

14 11. FILE NO.: A143/07 to A168/07, A171/07 to A194/07 to SHELLSIMON CONSTRUCTION LIMITED 59. Part of Lot 25, Conc. 4, (19T-05V09, Lots 3 to 9 both L & R, Lots 11 & 12 both L & R, municipally located on D Amato Crescent, and 19T-05V09, 2L,2R, 15L, 15R, 18, 19, 21 to 25 both L & R, 28 to 34 L & R, municipally located on Isaac Murray Avenue, Maple). The subject lands are zoned R5, Residential under By-law 1-88 subject to Exception 9(1193) as amended. The applicant is requesting variances to permit the construction of a semi-detached dwelling, per lot, notwithstanding, the proposed changes to the existing By-Law & current By-Law requirements are as follows: Proposals: Minimum Front Yard Setback = 6.0m Minimum Front Yard Setback = 6.4m Julius DeRuyter, of PMG Planning Consultants, 227 Bridgeland Avenue, Toronto, Ontario, M6A 1Y7, appeared as the agent on behalf of the applicant. The Building Standards Department made the following written comments: File Nos. A to A Please note the current zoning of the lots noted above is R5, Residential under By-law 1-88 subject to Exception 9(1193) as amended. 2. Minimum exterior side yard setback for Lot 7L is 2.5m whereas the site plan submitted shows 2.45m 3. Maximum lot coverage of 50% is allowed for the lots noted above whereas this information has not been provided. 4. The minimum interior side yard setback for the lots noted above is.9m whereas this information has not been provided for all lots. File Nos. A161/07 to A168/07, A171/07 to A194/07 1. Please note the current zoning of the lots noted above is R5, Residential under By-law 1-88 subject to Exception 9(1193) as amended. 2. Maximum lot coverage of 50% is allowed for the lots noted above whereas this information has not been provided. There were no other comments/objections from any Departments or Agencies. The Committee is of the opinion that the variances sought can be considered minor and are Seconded by J. Cesario THAT Application Nos. A143/07 to A168/07, A171/07 to A194/07, SHELLSIMON CONSTRUCTION LIMITED, be APPROVED in accordance with the sketch attached Page 14 of 18

15 60. FILE NO.: A195/07 VINCENZO ANTONANGELI Part of Lot 12, Concession 2, (Lot 361, Registered Plan No. 65M-3757, municipally known as 376 Summeridge Drive, Thornhill.) The subject lands are zoned RV3 (WS), Residential Urban Village Zone Three and subject to the provisions of Exception Number 9(1063) under By-Law 1-88 as amended. The purpose of this application is to request variances to permit the construction of a proposed inground pool and shed for an existing two storey single family detached dwelling, notwithstanding, the proposed changes to the existing By-Law & current By-Law requirements are as follows: Proposal: 1) To permit a minimum rear yard setback of 3.0 metres to the proposed pool. 2) To permit a minimum interior side yard setback of 1.0 metres to the pool. 3) To permit a minimum rear yard setback of 1.0 to the shed. 1) A minimum rear yard setback of 10.0 metres is required to the pool. 2) A minimum interior side yard setback of 1.5 metres is required to the pool. 3) A minimum rear yard setback of 10.0 is required to the shed. Neil Kotnala, the agent, appeared on behalf of the applicant. The Building Standards Department made the following written comments: A building permit has not been issued. Please note that the maximum height of the shed shall not exceed 2.5 metres measured from finished grade to the highest point of the roof. Also note TRCA approval shall be required as part of submitting for a building permit. There were no other comments/objections from any Departments or Agencies. The Committee is of the opinion that the variances sought can be considered minor and are MOVED by D. H. Kang Seconded by J. Cesario THAT Application No. A195/07 VINCENZO ANTONANGELI, be APPROVED, in accordance with the sketch attached; Page 15 of 18

16 61. FILE NO.: A196/07 LANCE AND TERRY KOTTON Part of Lot 12, Conc. 2, (Lot 360, Registered Plan No. 65M-3757, municipally known as 380 Summeridge Drive, Thornhill.) The subject lands are zoned RV3 (WS), Residential Urban Village Zone Three and subject to the provisions of Exception Number 9(1063) under By-Law 1-88 as amended. The applicants are requesting variances to permit the continued construction of a proposed inground pool and shed for an existing two storey single family detached dwelling, notwithstanding, the proposed changes to the existing By-Law & current By-Law requirements are as follows: Proposals: 1) To permit a minimum rear yard setback of 6.0 metres to the proposed pool. 2) To permit a minimum rear yard setback of 2.0 to the shed. 3) To permit a maximum 10m 2 shed in the rear yard. 1) A minimum rear yard setback of 10.0 metres is required to the pool. 2) A minimum rear yard setback of 10.0 is required to the shed. 3) A maximum 8.0m 2 shed is permitted in the rear yard. Neil Kotnala, the agent, appeared on behalf of the applicant and gave a brief submission regarding the request. The Committee asked Mr. Kotnala to address the Engineering Department comments. Mr. Kotnala stated that he was unaware of the Engineering Department comments and requested to be adjourned so he can have an opportunity to address the comments. Harris Gratsias, 19 Couture Gardens, Thornhill, Ontario, L4J 9H4, made a written request to receive a copy of the decision. The Engineering Department made the following written comments: The Engineering Department cannot support this application due to the fact that the 10 square meter shed is encroaching onto the drainage swale. As a result, drainage from adjacent properties will be adversely affected. The Engineering Department requires a minimum of 0.6m side yard setback for drainage swale. The Building Standards Department made the following written comments: A building permit has not been issued. Please note that the maximum height of the shed shall not exceed 2.5 metres measured from finished grade to the highest point of the roof. Also note TRCA approval shall be required as part of submitting for a building permit. There were no other comments/objections from any Departments or Agencies. Seconded by J. Cesario THAT Application No. A196/07 LANCE & TERRY KOTTON, be ADJOURNED, to the MAY 31, 2007 MEETING. Page 16 of 18

17 62. FILE NO.: A197/07 ANDRIDGE HOMSE LTD. Part of Lot 25, Conc. 2, (municipally located at the southwest corner of Teston Road and Bathurst Street, Maple.) The subject lands are zoned C4 (H) Neighbourhood Commercial Zone with a Holding provision and subject to the provisions of Exception Number 9(1261) under By-Law 1-88 as amended. The purpose of this application is to request variances to permit the construction of a proposed commercial plaza including a bank, a two storey office building, a gas bar and a car wash, notwithstanding, the proposed changes to the existing By-Law & current By-Law requirements are as follows: Proposals: 1) To permit a two storey office building use. 2) To permit a minimum landscape strip 3.0 metres wide abutting a street line at the Northwest corner of the site. 3) To permit the maximum encroachment of 0.7 metres for eaves. 1) An office building is not a permitted use. 2) A minimum landscape strip of 6.0 metre in width is required abutting a street line. 3) A maximum encroachment of 0.5 metres is permitted for eaves. Other Planning Act Applications The lands which is the subject in this application was also the subject of an application under the Planning Act for: Consent File No. B048/06 Creation of a new lot Appr. July 20/06, Certificates issued Sept. 15/06 Bylaw Approved July 10, 2006 Joanne Arbour, the agent, appeared on behalf of the applicant and gave a brief submission regarding the request. Angela and David Wilkes, 800 Teston Road, Maple, Ontaro, L6A 1E9, appeared in opposition to the request. Mr. and Mrs. Wilkes also made a written request for a copy of the decision. Discussions took place between Ms. Arbour, Angela and David Wilkes, Building and Planning staff and the Committee. It was agreed to adjourn the application to June 14, 2007, in order for the applicant to meet with the neighbours to show site plans and elevation sketches. There was no one else in attendance either in support of or in opposition to the request. The Building Standards Department made the following written comments: A building permit has not been issued. There were no other comments/objections from any Departments or Agencies. The Committee is of the opinion that the variances sought can be considered minor and are Seconded by D. H. Kang THAT Application No. A197/07 ANDRIDGE HOMES LTD, be ADJOURNED, to the JUNE 14, 2007 MEETING. Page 17 of 18

18 OTHER BUSINESS NONE MOTION TO ADJOURN MOVED by J. Cesario Seconded by D. H. Kang THAT the meeting of Committee of Adjustment be adjourned at 7:10 p.m., and the next regular meeting will be held on THURSDAY, MAY 31, Page 18 of 18