The Minutes of the 22 nd Meeting of the Vaughan Committee of Adjustment for the year 2017 THURSDAY, NOVEMBER 16, :10 p.m.

Transcription

1 The Minutes of the 22 nd Meeting of the Vaughan Committee of Adjustment for the year 2017 THURSDAY, NOVEMBER 16, 2017 Present at the meeting were: J. Cesario - Vice Chair (acting Chair) H. Zheng A. Perrella R. Buckler 6:10 p.m. Members of Staff present: Christine Vigneault, Secretary Treasurer Adriana MacPherson, Assistant to the Secretary-Treasurer Christopher Cosentino, Planner Christopher Cosentino, Planner Pia Basilone, Building Standards Regrets: M. Mauti 1. INTRODUCTION OF ADDENDUM REPORTS MOVED by J. Cesario Seconded by A. Perrella That the addendum reports be incorporated into the minutes and be on view at the back of the room in the Report Book. 2. DISCLOSURE OF PECUNIARY INTEREST Item #14- A311/17 Agent on file is a relative of Joseph Cesario. 3. ADOPTION OR CORRECTION OF MINUTES MOVED by A. Perrella Seconded by H. Zheng THAT the minutes of the Committee of Adjustment Meeting of Thursday, November 2, 2017, be adopted as circulated. 4. ADJOURNMENTS AND/OR DEFERRALS On November 13, 2017 an was received from Nikol Paar, the applicant, requesting that item 17, File No. A315/17 Jing Gao, be ADJOURNED to the December 7, 2017 meeting, to allow time to address Planning concerns. On November 16, 2017 an was received from Naylor Architect Inc. (Chris Naylor), the applicant, requesting that item 19, File No. A164/17 Vector (Steeles West) Properties Limited, be ADJOURNED to the December 7, 2017 meeting, to allow time for review of a parking study. On November 10, 2017 an was received from Isaac Oziel, the applicant, requesting that item 20, File No. A254/17 Kitty Halioua, be ADJOURNED to the January 25, 2018 meeting, to allow time to address Planning concerns. On November 8, 2017 an was received from George Shama, the applicant, requesting that item 21, File No. A294/17 Emilio & Erminia Tersigni, be ADJOURNED to the December 7, 2017 meeting, to allow time to address TRCA concerns. On November 14, 2017 an was received from KLM Planning Partners Inc. (Ryan Virtanen), the applicant, requesting that item 24, File No. A306/17 VMVA Inc. (Vince Servello), be ADJOURNED to the December 7, 2017 meeting, to allow time to address TRCA concerns. MOVED by A. Perrella Seconded by H. Zheng Page 1 of 19

2 5. ADMINISTRATIVE CORRECTIONS. Page 2 of 19

3 MINOR VARIANCE PUBLIC HEARING: Item # 06 & 07 File Number: B034/17 and A317/17 Penguin-Calloway (Vaughan) Inc. Vincci Wilson - Smart Reit 101 Edgeley Boulevard and 950 Portage Pkwy Concord ON The subject lands are zoned C10(H), Corporate District Zone with a Holding Provision, and subject to the provisions of Exception 9(959) under By-law 1-88 as amended. VOP 2010: Station Precinct by the Vaughan Metropolitan Centre (VMC) Secondary Plan (Vol. 2, Section 11.12). Consent Application (Conditionally Approved) B009/17, B010/17, B011/17 and B031/17 Zoning By-law Amendment (Concurrent) Z , and Z (1 st submission made February 15/17) Site Plan (Concurrent) DA and DA (2 nd submission made May 12/17) Purpose B034/17: Consent is being requested to sever a parcel of land with frontage onto Millway Avenue approximately square metres (as shown on sketch provided with application). The subject (severed) land is currently vacant and there are five existing commercial, office and retail buildings on the retained lands. A residential tower and commercial building are being proposed for the subject land. Purpose A317/17: Relief from the by-law is being requested to permit reduced lot area and reduced lot frontage on the severed land to facilitate Consent Application B034/ A minimum lot area of 5000 square metres is 1. To permit a minimum lot area of required. square metres. 1. A minimum lot frontage of 50 metres is required. 1. To permit a minimum lot frontage of 31.0 metres. Additional correspondence received & provided to committee from: received. Vincci Wilson - Smart Reit, the agent appeared on behalf of the applicant gave a brief submission regarding the request. MOVED by H. Zheng THAT Application No. B034/17 on behalf of Penguin-Calloway (Vaughan) Inc, be APPROVED, in accordance with the sketches attached and subject to the following conditions: Page 3 of 19

4 Department/Agency 1 Committee of Adjustment Christine Vigneault x 8332 christine.vigneault@vaugan.ca Condition 1. That the applicant s solicitor provides the secretary-treasurer with a copy of the prepared draft transfer document to confirm the legal description and PIN of the subject lands. Subject land applies only to the severed parcel, leased land, easement etc. as conditionally approved by the Committee of Adjustment. 2. That the applicant provides two (2) full size copies of the deposited plan of reference of the entire land which conforms substantially with the application as submitted. 3. Payment of the Certificate Fee as provided on the City of Vaughan s Committee of Adjustment Fee Schedule. 2 Development Planning Christopher Cosentino x christopher.cosentino@vaughan.ca 3 Development Engineering Steve Lysecki x steve.lysecki@vaughan.ca 4 Development Finance Nelson Pereira x nelson.pereira@vaughan.ca That Council ratify the decision of the Committee of the Whole. The Owner shall obtain approval for Site Development Application DA from the Development Engineering and Infrastructure Planning Department. The owner shall pay all property taxes as levied, if required. Payment is to be made by certified cheque, to the satisfaction of the City of Vaughan Financial Planning and Development Finance Department (contact Nelson Pereira to have this condition cleared). Page 4 of 19

5 MOVED by H. Zheng For the following reasons: 1. The proposal conforms to Section 51(24) as required by Section 53(12) of the Planning Act. 2. The proposal conforms to the City of Vaughan Official Plan. 3. The proposal conforms to the Provincial Policy Statements as required by Section 3(1) of the Planning Act. THAT Application No. A317/17 on behalf of Penguin-Calloway (Vaughan) Inc., be APPROVED, in accordance with the attached sketch and subject to the following conditions: Department/Agency 1 Committee of Adjustment Christine Vigneault x 8332 christine.vigneault@vaugan.ca Condition 1. That a Surveyors Certificate confirming lot area, and lot frontage is submitted. 2. That Consent Application B034/17 receive final certification from the Secretary Treasurer and be registered on title. A copy of the registered transfer confirming registration of the Certificate of Official must be provided to the Secretary Treasurer to satisfy this condition. FOR THE FOLLOWING REASONS: 1. The general intent and purpose of the by-law will be maintained. 2. The general intent and purpose of the official plan will be maintained. 3. The requested variance(s) is/are acceptable for the appropriate development of the subject lands. 4. The requested variance(s) is/are minor in nature. Page 5 of 19

6 Item # 08 File Number: A064/ Ontario Limited Evans Planning Inc Hwy 27, Woodbridge The subject lands are zoned OS1 - Open Space Conservation Zone and subject to the provisions of By-law 1-88 as amended. VOP 2010: "Natural Areas" Relief from the By-law is being requested to permit the construction of an outdoor patio extension to the existing (legal non-conforming) eating establishment. 1) An Eating Establishment with Outdoor Patio is 1) To permit the continuation and expansion not a permitted use. of a legal non-conforming use (Eating Establishment with Outdoor Patio). 2) A minimum front yard setback of 15.0 metres is 2) To permit the continuation of a minimum required. front yard setback of 7.5 metres. 3) A minimum interior side yard setback of ) To permit the continuation of a minimum metres is required. interior side yard setback of 7.3 metres. 4) A minimum of 52 parking spaces are required. 4) To permit a minimum of 32 parking spaces. 5) A minimum 6.0 metre wide landscape strip is required for lot lines abutting a street line. 6) All loading and unloading shall take place between the building and the rear lot line. 7) A joint ingress and egress driveway measured at the lot line shall be 7.5 metres. 5) To permit a minimum landscaping strip of 3.9 metres. 6) To permit loading and unloading to take place between the building and the interior side yard. 7) To permit a joint ingress and egress driveway entrance measured at the lot line to be 6.0 metres in width. Additional correspondence received & provided to committee from: received. Evans Planning (Murray Evans), the agent appeared on behalf of the applicant gave a brief submission regarding the request. Dino Giuliani, 175 Via Carmine Avenue, Woodbridge, appeared in objection and advised that he could not make the December 7, 2017 meeting date and requested that an alternate date be given. MOVED by R. Buckler Seconded by A. Perrella THAT Application No. A064/17, Ontario Limited, be ADJOURNED to the January 11, 2018 hearing to allow time for neighbour in objection to obtain documentation for the Committee to review. Page 6 of 19

7 Item # 09 File Number: A219/ Ontario Inc The Lakeshore Group (Michael Campos/ Rick Pennycook) 260 Edgeley Blvd, Units 22-23, Concord The subject lands are zoned EM1 under By-law 1-88 as amended VOP 2010: "General Employment". The proposal conforms to the policies of the Official Plan. Relief from the By-law is requested to permit a Registered Health Professional Office (solely performing administrative functions) located within Units 22 and The office of a Regulated Health Professional is not permitted. 1. To permit the office of a Regulated Health Professional (soley performing administrative functions). 2. A minimum of 191 parking spaces are required. 2. To permit a minimum of 176 parking spaces. Additional correspondence received & provided to committee from: received. Rick Pennycook, the agent appeared on behalf of the applicant gave a brief submission regarding the request. Joseph Pillo, 260 Edgeley Blvd, Unit 32, Director of Condo Corp appeared in objection to request for a reduction in parking. MOVED by H. Zheng THAT Application No. A219/17, Ontario Inc, be ADJOURNED to January 11, 2018 to allow time for agent to deal with Condo Corporation concerns. Page 7 of 19

8 Item # 10 File Number: A304/17 Loretta Serrani Pat Acquisto 61 Woburn Dr, Woodbridge The subject lands are zoned R1, Residential Zone and subject to the provisions of Exception 9(763) under By-law 1-88 as amended. VOP 2010: Low-Rise Residential Relief from the By-Law is being requested to permit the existing cabana. 1. A minimum rear yard setback of 7.5 metres is required. 2. A minimum exterior side yard setback of 4.5 metres is required. 3. The nearest part of the roof shall not be more than three (3) metres above finished grade. 4. A minimum area of square metres of soft landscaped rear yard is required ( m2-135 m2 x 60% = m2). 1. To permit a minimum rear yard setback of 2.02 metres to an accessory structure (cabana). 2. To permit a minimum exterior side yard setback of 1.97 metres to an accessory structure (cabana). 3. To permit a building height of 3.25 metres above finished grade to the nearest part of the roof for an accessory structure (cabana). 4. To permit 32 square metres of soft rear yard landscaped area. Additional correspondence received & provided to committee from: received. Pat Acquisto, the agent appeared on behalf of the applicant gave a brief submission regarding the request. MOVED by A. Perrella THAT Application No. A304/17, Loretta Serrani, be ADJOURNED to January 25, 2018 to allow time for agent to address Planning concerns. Page 8 of 19

9 Item # 11 File Number: A308/17 Mirella Howell. 67 Rosebury Lane, Woodbridge The subject lands are zoned R3 and subject to the provisions of Exception 9(341) under By-law 1-88 as amended. VOP 2010: 'Low-Rise Residential'. Relief from the by-law is being requested to permit the existing pergola and lower wooden deck. 1- A minimum 7.5 meters rear yard setback to an accessory structure (pergola) is permitted. 2- A minimum 5.7 meters rear yard setback to a deck is permitted. 3- A minimum 5.7 meters rear yard setback to deck stairs is permitted. 1- To permit an accessory structure (pergola) with a rear yard setback of 5.59 meters. 2- To permit a deck with a rear yard setback of 5.4 meters. 3- To permit a rear yard setback of 4.9 meters to deck stairs. Additional correspondence received & provided to committee from: Joan Larkins, 71 Rosebury Lane, Woodbridge, Ontario, neighbour in objection provided photos for the Committee to view at the hearing. Mirella Howell, the applicant appeared and gave a brief submission regarding the request. Joan Larkins, 71 Rosebury Lane, Woodbridge, Ontario, appeared in objection to the pergola, she expressed concerns regarding the size, appearance, drainage, and compliance with the interior side yard setback abutting her property as the structure appears to be built on the property line. Ms. Larkins provided a package of photographs to the Committee which will form part of the public record. In response to Ms. Larkins, Ms. Howell advised the pergola was not built on the property line. Member Perrella advised that additional variances may be required at the building permit stage if the side yard setback does not comply. Page 9 of 19

10 MOVED by A. Perrella THAT Application No. A308/17, Mirella Howell, be APPROVED, in accordance with the attached sketch and subject to the following conditions: Department/Agency 1 Toronto and Region Conservation Authority Polina Bam x 5256 Polina.Bam@trca.on.ca Condition 1. The applicant submits the variance application fee of $ payable to the Toronto and Region Conservation Authority. 2. The receipt of a signed and sealed letter from a structural engineer confirming that the structures subject to this application have been built to withstand the depths, velocities and hydrostatic pressures associated with the Regulatory flood, or at minimum the 1 :350 year flood. 3. The applicant successfully obtains a permit from the Toronto and Region Conservation Authority pursuant to Ontario Regulation 166/06 to recognize the works previously undertaken on the property. FOR THE FOLLOWING REASONS: 1. The general intent and purpose of the by-law will be maintained. 2. The general intent and purpose of the official plan will be maintained. 3. The requested variance(s) is/are acceptable for the appropriate development of the subject lands. 4. The requested variance(s) is/are minor in nature. Page 10 of 19

11 Item # 12 File Number: A309/17 Date of Hearing: Thursday, November 16, 2017 Tuyet Xuan Huynh & Kevin Wong 1 Pelee Ave, Kleinburg The subject lands are zoned RD4, Residential Detached Zone Four and subject to the provisions of Exception 9(1376) under By-law 1-88 as amended. VOP 2010: "Low Rise Residential". Relief from the by-law is being requested to permit the construction of a proposed deck. A minimum rear yard setback of 5.7 metres is required. To permit a minimum rear yard setback of 2.61 metres to a uncovered, unexcavated and unenclosed deck/stair. Additional correspondence received & provided to committee from: received. Kevin Wong, the applicant appeared and gave a brief submission regarding the request. MOVED by A. Perrella THAT Application No. A309/17 on behalf of Tuyet Xuan Huynh be APPROVED, in accordance with the sketch submitted with the application (as required by Ontario Regulation 200/96) and subject to the following conditions: Department/Agency 1 TRCA Polina Bam x5256 pbam@trca.on.ca Condition 1. The applicant submits the variance application fee of $ payable to the Toronto and Region Conservation Authority 2. The applicant successfully obtains a permit from the Toronto and Region Conservation Authority pursuant to Ontario Regulation 166/06 for the proposed deck and stairs. FOR THE FOLLOWING REASONS: 1. The general intent and purpose of the by-law will be maintained. 2. The general intent and purpose of the official plan will be maintained. 3. The requested variance(s) is/are acceptable for the appropriate development of the subject lands. 4. The requested variance(s) is/are minor in nature. Page 11 of 19

12 Item # 13 File Number: A310/17 1. The office of a Regulated Health Professional is not permitted. Elizabeth De Bartolo & Francesco Pellegrino 11 Weller Cr Maple The subject lands are zoned R1V and subject to the provisions of Exception under By-law 1-88 as amended. VOP 2010: "Low-Rise Residential" Relief from the by-law is being requested to permit the construction of a proposed single family dwelling. 1. To permit the office of a Regulated Health Professional (soley performing administrative functions). 2. A minimum of 191 parking spaces are required. 2. To permit a minimum of 176 parking spaces. Additional correspondence received & provided to committee from: received. Elizabeth De Bartolo, the applicant appeared and gave a brief submission regarding the request. MOVED by A. Perrella Seconded by H. Zheng THAT Application No. A310/17, Elizabeth De Bartolo (Francesco Pellegrino), be APPROVED, in accordance with the attached sketch. FOR THE FOLLOWING REASONS: 1. The general intent and purpose of the by-law will be maintained. 2. The general intent and purpose of the official plan will be maintained. 3. The requested variance(s) is/are acceptable for the appropriate development of the subject lands. 4. The requested variance(s) is/are minor in nature. Page 12 of 19

13 Item # 14 File Number: A311/17 P.A. Brothers Inc. Anthony Cesario 80 Carlauren Rd, Woodbridge The subject lands are zoned EM2 and subject to the provisions of Exception 9(462A) under By-law 1-88 as amended. VOP 2010: General Employment A unit shall be used for one purpose only. Relief from the By-Law is being requested to permit the existing public garage and to permit a car brokerage (additional proposed use) in Unit 7 and 8. To permit a unit to be used for two purposes (Public Garage and Car Brokerage). J. Cesario, Acting Chair left room at 6:36pm due to disclosure of pecuniary interest A. Perrella assumed role of Chair. Additional correspondence received & provided to committee from: received. Anthony Cesario, the agent appeared on behalf of the applicant gave a brief submission regarding the request. MOVED by R. Buckler Seconded by H. Zheng THAT Application No. A311/17, P.A. Brothers Inc., be APPROVED, in accordance with the attached sketch. FOR THE FOLLOWING REASONS: 1. The general intent and purpose of the by-law will be maintained. 2. The general intent and purpose of the official plan will be maintained. 3. The requested variance(s) is/are acceptable for the appropriate development of the subject lands. 4. The requested variance(s) is/are minor in nature. Page 13 of 19

14 Item # 15 File Number: A312/17 Condor (Boca East) Properties Inc. Condor Properties 220 Hunter's Valley Road, Woodbridge The subject lands are zoned EM2 and subject to the provisions of Exception 9(1307) under By-law 1-88 as amended. VOP 2010: General Employment and Prestige Employment Relief from the By-Law is being requested to permit construction of an addition to the existing (employment use) building. 1- A minimum exterior side yard setback of 6 meters is required. 2- A minimum sight triangle setback of 6 is permitted. 3- A minimum Landscape Strip of 3 meters is permitted. 1- To permit a minimum 4.88 meters exterior side yard setback to the proposed building addition. 2- To permit a minimum 2.52 meters sight triangle setback to the proposed building addition. 3- To permit a minimum 2.52 meters Landscape Strip (on the north east corner of the site). Member Cesario was absent during the hearing of A312/17. Additional correspondence received & provided to committee from: received. Tom Brown, the agent appeared on behalf of the applicant gave a brief submission regarding the request. MOVED by H. Zheng THAT Application No. A312/17, Condor (Boca East) Properties Inc., be APPROVED, in accordance with the attached sketch. FOR THE FOLLOWING REASONS: 1. The general intent and purpose of the by-law will be maintained. 2. The general intent and purpose of the official plan will be maintained. 3. The requested variance(s) is/are acceptable for the appropriate development of the subject lands. 4. The requested variance(s) is/are minor in nature. Page 14 of 19

15 Item # 16 File Number: A314/17 Leonarda Preziuso Daniel Falzon Lasonne Engineering Ltd. 12 Stratheden Lane, Maple The subject lands are zoned RD2, Residential Detached Zone 2, and subject to the provisions of Exception 9(1275) under By-law 1-88 as amended. VOP 2010: "Low-Rise Residential". Relief from the by-law is being requested to permit the construction of a proposed cabana and gazebo. 1. A minimum Interior Side Yard setback of 1.2 metres is required to the Gazebo. 2. A minimum Rear Yard setback of 7.5 metres is required to the Gazebo 3. A minimum Rear Yard setback of 7.5 metres is required to the Cabana. 1. To permit a minimum Interior Side Yard setback of 0.99 metres to a Gazebo. 2. To permit a minimum Rear Yard setback of 1.15 metres to a Gazebo. 3. To permit a minimum Rear Yard setback of 0.91 metres to a Cabana. Member Cesario was absent during the hearing of A314/17. Additional correspondence received & provided to committee from: received. Lasonne Engineering Ltd. (Daniel Falzon), the agent appeared on behalf of the applicant gave a brief submission regarding the request. MOVED by H. Zheng THAT Application No. A314/17, Leonarda Preziuso, be APPROVED, in accordance with the attached sketch. FOR THE FOLLOWING REASONS: 1. The general intent and purpose of the by-law will be maintained. 2. The general intent and purpose of the official plan will be maintained. 3. The requested variance(s) is/are acceptable for the appropriate development of the subject lands. 4. The requested variance(s) is/are minor in nature. Page 15 of 19

16 Item # 18 File Number: A316/17 Estelle Thomas and Jeffrey Clarke 100 Selvapiano Cr, Woodbridge The subject lands are zoned RD3 Residential Detached Zone Three and subject to the provisions of Exception 9(1278) under By-law 1-88 as amended. VOP 2010: Low-Rise Residential Relief from the By-Law is being requested to permit the existing shed structure. 1. A minimum interior side yard setback of 1.2 metres is required. 2. A minimum rear yard setback of 7.2 metres is required. 1. To permit a minimum interior side yard setback of 0.62 metres to the accessory building (shed). 2. To permit a minimum rear yard setback of 0.62 metres to the accessory building (shed). Member Cesario was absent during the hearing of A316/17. Additional correspondence received & provided to committee from: received. Estelle Thomas, the applicant appeared and gave a brief submission regarding the request. MOVED by H. Zheng THAT Application No. A316/17, Estelle Thomas Jeffrey Clarke, be APPROVED, in accordance with the attached sketch. FOR THE FOLLOWING REASONS: 1. The general intent and purpose of the by-law will be maintained. 2. The general intent and purpose of the official plan will be maintained. 3. The requested variance(s) is/are acceptable for the appropriate development of the subject lands. 4. The requested variance(s) is/are minor in nature. Page 16 of 19

17 PREVIOUSLY ADJOURNED Item # 22 File Number: A300/17 Leonardo Antonio & Claudia Nunno Joseph Damian Battaglia 27 Weller Cr, Maple The subject lands are zoned R1V under By-law VOP 2010: "Low-Rise Residential". Relief from the by-law is being requested to permit the construction of a single family dwelling. Member Cesario returned. Additional correspondence received & provided to committee from: received. Joseph Damian Battaglia, the agent appeared on behalf of the applicant gave a brief submission regarding the request. MOVED by A. Perrella THAT Application No. A300/17, Leonardo Antonio & Claudia Nunno, be APPROVED, in accordance with the attached sketch. FOR THE FOLLOWING REASONS: 1. The general intent and purpose of the by-law will be maintained. 2. The general intent and purpose of the official plan will be maintained. 3. The requested variance(s) is/are acceptable for the appropriate development of the subject lands. 4. The requested variance(s) is/are minor in nature. Page 17 of 19

18 Item # 23 File Number: A301/17 Mohammad Saberi Kamareh Mark Khansari 21 Goodman Cr, Maple The subject lands are zoned R1V and subject to the provisions of By-law 1-88 as amended. VOP 2010: "Low-Rise Residential". Relief from the By-Law is being sought to permit construction of a single family dwelling. 1. A maximum lot coverage of 20% is permitted 1. To permit a maximum lot coverage of 27.51%. 2. A maximum building height of 9.5 metres is permitted. 3. A minimum front yard landscaping of 50% is required. 2. To permit a maximum building height of 10.5 metres. 3. To permit a minimum front yard landscaping of 49%. Additional correspondence received & provided to committee from: received. Mark Khansari, the agent appeared on behalf of the applicant gave a brief submission regarding the request. In response to Chair Cesario, Christopher Cosentino, Planner, advised that urban design is still in the process of reviewing the arborist report. MOVED by A. Perrella THAT Application No. A301/17, Mohammad Saberi Kamareh, be ADJOURNED to the January 11, 2018 hearing as Planning staff requires additional time to review the arborist report. Page 18 of 19

19 OTHER BUSINESS The Committee requested that the Manager of Zoning Services provide a written response to the absence of Zoning staff at the November 2, 2017 meeting. MOTION TO ADJOURN MOVED by A. Perrella THAT the meeting of Committee of Adjustment be adjourned at 6:45 p.m., and the next regular meeting will be held on December 7, Page 19 of 19