The Minutes of the 16th.Meeting of the Vaughan Committee of Adjustment for the year 2008 THURSDAY, AUGUST 28, :05p.m.

Transcription

1 The Minutes of the 16th.Meeting of the Vaughan Committee of Adjustment for the year 2008 THURSDAY, AUGUST 28, :05p.m. Present at the meeting were: M. Mauti - Chair L. Fluxgold Vice Chair J. Cesario Members of Staff present: Todd Coles, Secretary-Treasurer Anne Markovsky, Assistant to the Secretary-Treasurer Mary Serino, Planner Susan Okom, Plans Examiner INTRODUCTION OF ADDENDUM REPORTS MOVED by L. Fluxgold Seconded by J. Cesario 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 M. Mauti THAT the minutes of the Committee of Adjustment Meeting of Thursday, August 14, 2008, be adopted as circulated. It should be noted L. Fluxgold was not present at the August 14, 2008 meeting and did not take part in the adoption of these minutes. CARRIED ADJOURNMENTS AND/OR DEFERRALS (PREVIOUSLY ADJOURNED FROM THE MAY 22 & JUNE 5, 2008 MEETINGS) An was received August 15, 2008 from applicant SALMAN KHAN, File No. A113/08, Item # 6, requesting this application be WITHDRAWN, stating that he will be removing the steps and will no longer require the variance. A recap from the previous meeting May 22, FILE NO. A113/08 SALMAN KHAN Part of Lot 19, Concession 5, Lot 31R, Registered Plan 65M-3363 Municipally known as 52 Bunting 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 purpose of this application is to request a variance to permit the maintenance of a side door and steps to a two storey semi-detached single family dwelling, as follows. Page 1 of 26

2 Page 2 of 26

3 A recap from the previous meeting May 22, FILE NO. A113/08 SALMAN KHAN Proposal: 1. Minimum side yard setback to steps 0.117m By-Law Requirements: 1. Minimum side yard setback to steps 1.2m The Development Planning Department sent the following comments on May 14, 2008; The Development Planning Department does not support Minor Variance Application A113/08. The subject lands are designated Low Density Residential by OPA #600 (Vellore Urban Village 1) and are zoned RV4 (WS) Residential Urban Village Zone Four (on a wide and shallow lot) by By-law 1-88, subject to Exception 9(1019). The applicant is requesting a variance to permit the maintenance of concrete steps used to access a newly constructed side door entrance with an interior side yard setback of m, whereas the By-law requires a minimum setback of 1.2 m. No other variances are requested. A site visit was conducted on May 12, 2008, which includes photo documentation of the concrete steps and side door. The following site conditions were noted. The subject lands are occupied by a two-storey semi-detached residential dwelling. The applicant has constructed a new side entrance into the house, which is slightly lower than the existing grade. Concrete stairs have been poured to access the entrance. The stairs are required to have a setback of 1.2 m, whereas m has been provided. There is no fence situated between the applicant s property and the property to the east at the location of the concrete stairs. The applicant confirmed at the site visit that the basement is occasionally rented out with access sometimes obtained from the side door entrance. The Development Planning Department does not support the requested variance The Engineering Department has indicated in comments dated May 5, 2008 that the existing stairs at a setback of m affects the drainage swale between the properties. Additionally, the Development Planning Department considers the stairs to be too close to the property line. The Development Planning Department advises the applicant that the interior side yard door, which has been recently constructed, cannot be used for access to a basement apartment, as basement apartments are not permitted in the City of Vaughan. For the aforementioned reasons, the Development Planning Department does not support the requested variance. The above-noted variance is not considered to be minor in nature, is not consistent with the intent of the Zoning Bylaw, is not compatible with the surrounding land uses and is not appropriate for the proposed development on the subject lands. On this basis, the Development Planning Department does not support Minor Variance Application A113/08. On May 5, 2008, the Engineering Department had sent the following comments; The Engineering Department cannot support this application due to the fact that the concrete stairs are encroaching onto the drainage swale. The Engineering Department requires a minimum of 0.6m sideyard setback from the property line for a drainage swale. Salmon Khan, the owner, appeared. Mr. Khan advised that the construction was done by the previous owner and that a Building Inspector came to him three months after he had moved in. Mr. Khan also advised he was seeking legal advice in regard to his title insurance. Kevin Scott, 56 Bunting Drive, Woodbridge, Ontario, L4H 2E8, appeared in opposition, submitting photos. Mr. Scott voiced concern that the basement was being rented out and that there was no barricade or railing to the entrance. Safety, annoyance, and inconvenience, parked cars and debris outside the entrance were on his list. Ken Balicky, 251 Novaview Cres., Woodbridge, Ontario, L4L 9G9, (grandfather to Kevin s daughter) also appeared in opposition. The Committee suggested to Mr. Khan that he adjourn the application in order to meet with the Development Planning and Engineering Departments, to which he agreed. There was no one else in attendance either in support or opposition to the request. There were no other objections from any Departments or Agencies. MOVED by L. Fluxgold Seconded by D. Kang THAT Application No. A113/08 SALMAN KHAN, be ADJOURNED, to the JUNE 5, 2008 MEETING. Page 3 of 26

4 A recap from the previous meeting June 5, FILE NO. A113/08 SALMAN KHAN An was received June 5, 2008 from SALMAN KHAN, File No. A113/08, Item # 8 - requesting his application be adjourned to the August 28, 2008 meeting, as he needs to consider other alternatives with respect to the side door and steps. MOVED by L. Fluxgold Seconded by J. Cesario CARRIED On August 13, 2008, an was received from Amrit Arora, the applicant, requesting that Item #18, File No. A210/08 AMRIT & SURINDER ARORA, be ADJOURNED to the August 28, 2008 meeting, to allow sufficient time to submit the requested revised drawing to the Development Planning Department. Prior to the hearing the following written comments were received from the Building Standards Department: Please note that this lot is within the R1V zone and is therefore subject to Interim Control By-law and amending By-law The applicant shall be advised that a proposed dwelling within the R1V zone that exceeds 500 square metres in gross floor area will require an exemption from the Interim Control By-law. For information regarding the Interim Control By-law please contact the Development Planning Department at The applicant shall be advised that additional variances may be required upon review of detailed drawings for building permit/site plan approval. Prior to the hearing the Development Planning Department sent the following written comments: The Development Planning Department requests that the applicant adjourn this application, until such time that the applicant can submit revised drawings to reflect the revised application for the lot coverage. On August 11, 2008 support letters were received from the following residents: Mr. & Mrs. Mario Caravaggio, 16 Vistaview Blvd., Thornhill, Ontario; David & Lynda Easterbrook, 3 Idleswift Drive, Thornhill, Ontario; Dale & Linda Bolton, 5 Idleswift Drive, Thornhill, Ontario; D. Lee & S. M. Moore, 18 Cavalier Cres., Thornhill, Ontario; Kim Shields, 17 Cavalier Cres., Thornhill, Ontario; Geoff Smith & Aline Kurdian, 16 Cavalier Cres., Thornhill, Ontario. August 14, 2008, a request for the Notice of Decision for A210/08 was received from William Davis, 69 Riverside Blvd., Thornhill, Ontario, L4J 1H8. An was received August 15, 2008, from owner Amrit Arora requesting Item # 8, File No. A210/08 AMRIT & SURINDER ARORA, be ADJOURNED to the September 25, 2008 meeting, as he requires more time to provide updated architectural drawings. An was received August 28, 2008, from agent Fred Nicollucci, requesting Item # 23, File No. A224/08 ROSALIA MAGLIOCCO, be ADJOURNED to the September 25, 2008 meeting, in order to resolve issues with Toronto & Region Conservation Authority. Prior to the hearing the following written comments were received from the Building Standards Department: The applicant shall be advised that a proposed dwelling within the R1V zone that exceeds 500 square metres in gross floor area will require an exemption from the Interim Control By-law. August 28, 2008 the following written comments were received from the Toronto & Region Conservation Authority: TRCA mapping shows the subject property is located entirely within a regulated area of the Don River watershed, and entirely within the flood plain of a tributary of the West Don River. On June 2, 2008 TRCA staff provided comments on Minor Variance application A138/08 for the construction of a covered rear yard deck on the dwelling currently under construction. At that time it was determined that no permit had been obtained from the TRCA for the dwelling, which is therefore in contravention of Ontario Regulation 166/06. TRCA staff also advised we had no concerns with the rear yard deck as long as a permit was obtained for its construction. Additionally, TRCA staff also advised that we did not formally recognize the building under construction because permits from our office were not obtained. Before the TRCA can comment on the subject Minor Variance, the TRCA requires further information in order to determine the appropriateness of the proposed development within the context of existing natural hazards. As such, grading information and an analysis of the flood plain in this area are required. Recommendations At this time, given the potential flooding issues associated with the development of this site, TRCA staff cannot support the approval of the subject application and believe the application is premature and accordingly, should be deferred. The applicant is advised to contact TRCA staff to discuss further submission requirements in support of the Minor Variance Application. Page 4 of 26

5 ADJOURNMENTS AND/OR DEFERRALS An was received August 28, 2008, from agent Greg Raspin, requesting Item # 24, File No. A225/ ONTARIO LTD., be ADJOURNED SINE DIE, until such time as the Site Development application has been submitted and reviewed by the Development Planning Department and considered by Council. Prior to the hearing the following written comments were received from the Development Planning Department: The Development Planning Department recommends that the Committee of Adjustment adjourn Minor Variance Application A225/08, until such time that the related Site Development Application has been submitted and reviewed by the Development Planning Department and considered by Council. On August 14, 2008 the following written comments were received from the Cultural Services Division, Department of Recreation & Culture: In review of the Request for Comments circulation for the above-referenced property, the following comments are submitted to the Committee of Adjustment for consideration: 1. The subject property is located in the Maple Heritage Conservation District and as such any alterations to the property including demolition, erection or additions require approval through a Heritage Permit. 2. The subject property has a heritage building identified as having historic value in the Maple Heritage Conservation District Plan and the demolition of this building requires review through the Heritage Permit process. 3. The design of the new development proposed on the subject property requires review by Cultural Services in order to determine whether it adheres to the Maple Heritage Conservation District Design Guidelines. This is in addition to any other City departments that require review of the application, for example, Building Standards. The owner is advised that a Building Permit will require Heritage/Culture clearance prior to its issuance for any development within the Maple Heritage Conservation District. A request for the Notice of Decision for A225/08, was received from Ada & Salvatore Ruzza, Jane Street, Maple, Ontario, L6A 1S1. A request was received August 26, 2008, from agent Joe Tersigni, that Item # 26, File No. A227/ ONTARIO INC., ATTEN: IBOLYA BALINT, be ADJOURNED to the September 25, 2008 meeting, in order to resolve issues with Toronto & Region Conservation Authority. Prior to the hearing the following written comments were received from the Development Planning Department: The above-noted variance has been reviewed in the context of the Official Plan, Zoning By-law, and the Provincial Policy Statement and is not considered to be minor in nature. The application does not comply with the four (4) tests as stipulated in the Ontario Planning Act R.S.O. 1990, and on this basis, the Development Planning Department does not support Minor Variance Application A227/08. The Building Standards Department sent the following written comments: A building permit has / has not been issued. The Ontario Building Code requires a building permit for structures that exceed 10m 2. Retail nursery was not established on September 19, The Toronto & Region Conservation Authority sent the following written comments: TRCA staff recommend deferral of the above noted variance application until the applicant has resolved the outstanding violation to our satisfaction. TRCA staff reserve any further comments on this file until the violation is resolved. August 19, 2008 a request for the Notice of Decision for A227/08 was received from Domenico Botter & Elsa Chiarotto, 198 Derrydown Rd., Downsview, Ontario, M3J 1S1. THAT Item # 8, File No A113/08 SALMAN KHAN, be WITHDRAWN. THAT Item #18, File No. A210/08 AMRIT & SURINDER ARORA, be ADJOURNED to the September 25, 2008 meeting. THAT Item # 23, File No. A224/08 ROSALIA MAGLIOCCO, be ADJOURNED to the September 25, 2008 meeting. THAT Item # 24, File No. A225/ ONTARIO LTD., be ADJOURNED SINE DIE THAT Item # 26, File No. A227/ ONTARIO INC., ATTEN: IBOLYA BALINT, be ADJOURNED to the September 25, 2008 meeting. CARRIED Page 5 of 26

6 ADMINISTRATIVE CORRECTIONS NONE (PREVIOUSLY ADJOURNED FROM THE JULY 31, 2008 MEETINGS) Item 1. FILE NUMBER: A193/08 ANGELA BELCASTRO A recap from the previous meeting July 31, A letter of opposition and request for decision was received from Aldo Gottardo, 185 Blackburn Blvd., Woodbridge, Ontario, L4L 7J9. A request for decision was received from Tony & Alice Maggisano, 40 Knudson Lane, Woodbridge, Ontario, L4L 3A6. Leo Mastrandrea, appeared as the agent and gave a brief submission regarding the request and submitted photos. He explained that his client had a large extended family and thought that because of the number of trees in the rear yard, that such a structure would have no impact on the neighbouring properties. Rosemarie Humphries, 216 Chrislea Rd., Suite 103, Vaughan, Ontario, L4L 8S5, stood as the agent for Goffredo Vitullo, 318 Pine Valley Cres. Ms Humphries advised that Mr. Vitullo was concerned about the rear yard setback and the height of the cabana. Mr. Belcastro had not approached Mr. Vitullo about the application. The Committee suggested that the application be adjourned to allow Mr. Belcastro to meet with the opposing neighbours to discuss the impact and to perhaps make an amended plan. It was agreed by all parties to adjourn the application to August 28, 2008 meeting. There was no one else in attendance either in support of or in opposition to the request. There were no comments/objections from any Departments or Agencies. MOVED by M. Panicali Seconded by J. Cesario THAT Application No. A193/08 - ANGELA BELCASTRO, be ADJOURNED, to the AUGUST 28, 2008 MEETING. Item 1. FILE NUMBER: A193/08 ANGELA BELCASTRO Part of Lot 12, Concession 6, (Municipally known as 197 Blackburn Blvd., Woodbridge). The subject lands are zoned R1 Residential, under By-Law 1-88 as amended and further subject to Exception 9(589). PRIOR to the applicant s submission, it was agreed to amend the Application, Sketch, and Notice of Application as follows: 1. Cabana Minimum rear yard 7.5m (not required, conforms to By-law) 2. Cabana Maximum size 63.82m 2, m 2 with overhang. 3. Cabana Maximum height to eave 3.65m, maximum height to peak 5.11m NOT 1. Cabana Minimum rear yard 4.86m. 2. Cabana Maximum size m 2, m 2 with cabana overhang 3. Cabana Maximum height to eave 3.65m, maximum height to peak 6.25m. THEREFORE, the applicant is requesting variances to permit the construction of a rear yard cabana, as follows: Page 6 of 26

7 (PREVIOUSLY ADJOURNED FROM THE JULY 31, 2008 MEETINGS) Item 1. FILE NUMBER: A193/08 ANGELA BELCASTRO PROPOSAL: 1. Cabana Minimum rear yard 4.86m. 2. Cabana Maximum size m 2, 63.82m 2, m m 2 with cabana overhang 3. Cabana Maximum height to eave 3.65m, maximum height to peak 6.25m. 5.11m 1. Cabana Minimum rear yard 7.5m. (revised application conforms) 2. Cabana - Maximum size 67m 2 3. Cabana - Maximum height 3.0m to eave, 4.5m. to peak. On August 12,2008 and was received from Rosemarie L. Humphries, Humphries Planning Group Inc., 216 Chrislea Rd., Suite 103, Woodbridge, Ontario, L4L 8S5, indicating that the applicant has met with the concerned neighbours and are waiting for the applicant to amend the requests. On August 26, 2008, a letter was received from Dinel Design, 151 Bloor Street West, Suite 1115, Toronto, Ontario, M5S 1S4, outlining the various revisions the applicant has made to this file. Along with this letter, support letters were submitted from the following residents: David Krznaric, 185 Blackburn Blvd., Woodbridge, Ontario, L4L 7J9; Aldo Gottardo, 185 Blackburn Blvd., Woodbridge, Ontario, L4L 7J9; Goffredo Vitullo, 318 Pinevalley Crt., Woodbridge, Ontario; Emily Schindler, 211 Blackburn Blvd., Woodbridge, Ontario, L4L 7J9. On August 25,2008 and was received from Rosemarie L. Humphries, Humphries Planning Group Inc., 216 Chrislea Rd., Suite 103, Woodbridge, Ontario, L4L 8S5, indicating that the neighbours have met with the applicant and concur with the revisions made to the application. On August 27, 2008 a revised an was received from agent Leo Mastrandrea showing the revisions made to the rear yard setback, height of the cabana, and cabana size. Leo Mastrandrea, appeared as the designated agent on behalf of the applicant and gave a brief submission regarding the request, stating the applicant has revised the application and confirmed that the neighbours are in favour of these changes. The Building Department made the following written comments: A building permit has not been issued. The Ontario Building Code requires a building permit for structures that exceed 10m 2. There were no other comments/objections from any Departments or Agencies. The Committee is of the opinion that the variance sought as amended, 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 THAT Application No. A193/08, ANGELA BELCASTRO, be APPROVED, AS AMENDED, in accordance with the sketch attached Page 7 of 26

8 CONSENT PUBLIC HEARING: The Committee called the next item for discussion, however, the applicant or the designated agent were not present. The Committee agreed to hear the application in the absence of representation. Item s 2 & 3. FILE NOS. B032/08, B033/08 CANADIAN NATIONAL RAILWAY COMPANY Part of Lots 6 to 8, Concession 4, (municipally known as 551 Creditstone Road, Concord). The subject lands are zoned EM2, General Employment Area under By-law 1-88 subject to Exception 9(435) as amended. The purpose of these applications is to request the consent of the Committee of Adjustment to convey parcels of land marked "A" on the attached sketches for the purpose of the creation of new lots, for industrial purposes, together with all required easements and right-of-ways, if required, and retain the lands marked B on the attached sketches for railway rail yard purposes. The existing small building and railway spur will be removed from the subject lands. BACKGROUND: Zoning File No. Z Ongoing A request for the Notice of Decision was received August 20, 2008, from Richard Muir, 391 Creditstone Inc., 205 Doney Cres., Concord, Ontario, L4K 1P6. On August 26, 2008, comments were received from the Toronto & Region Conservation Authority requesting deferral, until CN provides an updated flood study and TRCA staff will provide comments upon the review of the study. The Building Department made the following written comments: Existing structure (s) must comply with the required minimum setbacks. There were no other comments/objections from any Departments or Agencies. MOVED by L. Fluxgold Seconded by J. Cesario THAT Application Nos. B032/08, B033/08 CANADIAN NATIONAL RAILWAY COMPANY, be ADJOURNED, SINE DIE. Item 4. FILE NUMBER: A198/08 LILIAN & GIUSEPPE GIANFORCARO Part of Lot 25, Concession 8, (Lot 35, Registered Plan No. 65M-3466, municipally know as 183 Weaver Court, Kleinburg). The subject lands are zoned R1, Residential, subject to Exception 9(563) under Bylaw 1-88, as amended. To permit the maintenance of an existing shed. PROPOSAL: 1. A minimum rear yard setback of 3.9 m. 2. A maximum area for a garden shed of 22.2 m A maximum height for a garden shed of 3.66 m. 1. A minimum rear yard setback of 9.0 m. 2. A maximum area for a garden shed of 10 m A maximum height for a garden shed of 2.5 m. Page 8 of 26

9 Item 4. FILE NUMBER: A198/08 LILIAN & GIUSEPPE GIANFORCARO Lilian Gianforcaro, the applicant appeared and gave a brief submission regarding the request. The Building Standards made the following written comments: The subject lands abut an OS2 Open Space Park Zone. TRCA approval may be required. On August 28, 2008 an was received from the Toronto & Region Conservation Authority with the following written comments: Although the adjacent property is owned by the TRCA, the area is not regulated and a permit under Ontario Regulation 166/06 is not required for the existing shed. 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 desirable for the THAT Application No. A198/08 LILIAN & GIUSEPPE GIANFORCARO, be APPROVED, in accordance with the sketches attached Item 5. FILE NUMBER: A206/08 PROPOSAL: BACKGROUND INFORMATION THAKUR SINGH & SHANTI DAVI SINGH Part of Lot 2, Concession 2, (Lot 224, Registered Plan No. 65M-2300, municipally known as 43 Gayla Street, Thornhill). The subject lands are zoned R4, Residential Zone Four and subject to the provisions of Exception 9(491) under By-law 1-88 as amended. To permit the maintenance of an existing one-storey sun room. 1. To permit a rear yard setback of metres from the northerly limit of the Canadian National Railway 1. A minimum rear yard setback of 30.0 metres is required from the northerly limit of the Canadian National Railway. Minor Variance Application A085/03 APPROVED MAY 15/03 Rear yard setback of metres from the northerly limit of the Canadian National Railway Thakur Singh, the applicant appeared and gave a brief submission regarding the request. 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 desirable for the Page 9 of 26

10 Item 5. FILE NUMBER: A206/08 THAKUR SINGH & SHANTI DAVI SINGH MOVED by L. Fluxgold Seconded by J. Cesario THAT Application No. A206/08 THAKUR SINGH & SHANTI DAVI SINGH, be APPROVED, in accordance with the sketches attached, subject to the following conditions; 1. That the applicant successfully obtain a Permit for Development, Interference with Wetlands and Alterations to Shorelines and Watercourses, pursuant to Ontario Regulation 166/06, if required, to the satisfaction of the Toronto & Region Conservation Authority; 2. That if the condition listed above is not fulfilled and the Building Permit, if required, is not applied for within twelve (12) months of the date this decision becomes final and binding, the said decision shall expire and shall be deemed to have been annulled and rescinded by the Committee.(PLEASE NOTE THAT THIS TIME PERIOD CANNOT BE EXTENDED IN ANY WAY, FAILURE TO MEET THIS DEADLINE WILL RESULT IN REQUIRING A NEW APPLICATION AND FEE.). VERY IMPORTANT: IT IS THE RESPONSIBILITY OF THE OWNER/APPLICANT AND/OR AGENT TO OBTAIN AND PROVIDE A CLEARANCE LETTER FROM EACH AGENCY AND/OR DEPARTMENT LISTED IN THE CONDITIONS WHETHER IF REQUIRED APPEARS IN THE CONDITION OR NOT AND FORWARD THIS CLEARANCE LETTER TO THE SECRETARY-TREASURER AS SOON AS THE CONDITIONS ARE FULFILLED. FAILURE TO COMPLY WITH THIS PROCEDURE WILL RESULT IN A LETTER BEING FORWARDED BY THE SECRETARY-TREASURER INDICATING THIS FILE HAS LAPSED AND, THEREFORE, WILL NECESSITATE THAT A NEW APPLICATION BE SUBMITTED TO LEGALIZE THIS PROPERTY. THIS MINOR VARIANCE DECISION IS NOT A BUILDING PERMIT AUTHORIZING CONSTRUCTION UNDER THE BUILDING CODE ACT, R.S.O. 1990, AS AMENDED. A BUILDING PERMIT MAY BE REQUIRED. PLEASE CONTACT THE BUILDING STANDARDS DEPARTMENT IN THE EVENT THAT YOU REQUIRE FURTHER CLARIFICATION. Item 6. FILE NUMBER: A214/ ONTARIO LIMITED Part of Lot 11, Concession 4, (Block 16, Registered Plan No. 65M-2537, municipally known as 80 Saramia Cres., Concord). The subject lands are zoned EM1, Prestige Employment Area under By-law 1-88 as amended. The applicant are requesting a variance to permit the construction of a exterior dust collection unit for an existing one storey industrial warehouse as follows: PROPOSAL: 1. Minimum rear yard setback = 7.645m 1. Minimum rear yard setback = 12m Greg Raspin, appeared as the designated agent on behalf of the applicant and gave a brief submission regarding the request. The Committee had a concern with respect to the comment submitted by the Engineering Department regarding the angular parking which may affect the manoeuvring of the loading truck operation. The Committee agreed to place a condition of approval that the site plan be revised, if required, to the satisfaction of the Engineering Department The agent agreed to this condition. Page 10 of 26

11 Item 6. FILE NUMBER: A214/ ONTARIO LIMITED The Engineering Department made the following written comments: Angular parking as marked on attached plan (DW-A200) is in close proximity to the loading area, therefore could affect the capacity of the loading truck operation and/or maneuvering. The same should be removed in order to facilitate safe and/or better traffic circulation. There were no other 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 desirable for the MOVED by L. Fluxgold Seconded by J. Cesario THAT Application No. A214/ ONTARIO LIMITED, be APPROVED, in accordance with the sketches attached, subject to the following conditions; 1. Site plan be revised to the satisfaction of the Engineering Department, if required. 2. That if the condition(s) listed above is/are not fulfilled and the Building Permit is not applied for within twelve (12) months of the date this decision becomes final and binding, the said decision shall expire and shall be deemed to have been annulled and rescinded by the Committee.(PLEASE NOTE THAT THIS TIME PERIOD CANNOT BE EXTENDED IN ANY WAY, FAILURE TO MEET THIS DEADLINE WILL RESULT IN REQUIRING A NEW APPLICATION AND FEE.) VERY IMPORTANT: IT IS THE RESPONSIBILITY OF THE OWNER/APPLICANT AND/OR AGENT TO OBTAIN AND PROVIDE A CLEARANCE LETTER FROM EACH AGENCY AND/OR DEPARTMENT LISTED IN THE CONDITIONS WHETHER IF REQUIRED APPEARS IN THE CONDITION OR NOT AND FORWARD THIS CLEARANCE LETTER TO THE SECRETARY-TREASURER AS SOON AS THE CONDITIONS ARE FULFILLED. FAILURE TO COMPLY WITH THIS PROCEDURE WILL RESULT IN A LETTER BEING FORWARDED BY THE SECRETARY-TREASURER INDICATING THIS FILE HAS LAPSED AND, THEREFORE, WILL NECESSITATE THAT A NEW APPLICATION BE SUBMITTED TO LEGALIZE THIS PROPERTY. THIS MINOR VARIANCE DECISION IS NOT A BUILDING PERMIT AUTHORIZING CONSTRUCTION UNDER THE BUILDING CODE ACT, R.S.O. 1990, AS AMENDED. A BUILDING PERMIT MAY BE REQUIRED. PLEASE CONTACT THE BUILDING STANDARDS DEPARTMENT IN THE EVENT THAT YOU REQUIRE FURTHER CLARIFICATION. Item 7. FILE NUMBER: A215/08 PROPOSAL: LEROY ADAMS Part of Lot 2, Concession 2, (Lot 223, Registered Plan 65M-2300, municipally known as 41 Gayla Street, Thornhill). The subject lands are zoned R4, Residential Zone and subject to the provisions of Exception 9(491) under By-law 1-88 as amended. To permit the maintenance of an existing rear yard shed and a covered and unenclosed canopy at the rear of an existing two-storey single family detached dwelling. 1. To permit a minimum rear yard setback of 26.3 m. to a canopy to the northerly limits of the CN Railway lands. 2. To permit a minimum rear yard setback of 19.9 m. to a garden shed to the northerly limits of the CN Railway lands. 3. To permit a maximum height of 2.9 m. for a garden shed. 1. No building or structure or part thereof shall be erected within 30 m. of the northerly limits of the CN Railway lands. 2. No building or structure or part thereof shall be erected within 30 m. of the northerly limits of the CN Railway lands. 3. A maximum height of 2.5 m. for a garden shed is permitted. Page 11 of 26

12 Item 7. FILE NUMBER: A215/08 LEROY ADAMS Leroy Adams, the applicant, appeared and gave a brief submission regarding the request. 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 variances sought, can be considered minor and are desirable for the THAT Application No. A215/08 LEROY ADAMS, be APPROVED, in accordance with the sketches attached, subject to the following conditions; 1. That the applicant successfully obtain a Permit for Development, Interference with Wetlands and Alterations to Shorelines and Watercourses, pursuant to Ontario Regulation 166/06, if required, to the satisfaction of the Toronto & Region Conservation Authority; 2. That if the condition listed above is not fulfilled and the Building Permit, if required, is not applied for within twelve (12) months of the date this decision becomes final and binding, the said decision shall expire and shall be deemed to have been annulled and rescinded by the Committee.(PLEASE NOTE THAT THIS TIME PERIOD CANNOT BE EXTENDED IN ANY WAY, FAILURE TO MEET THIS DEADLINE WILL RESULT IN REQUIRING A NEW APPLICATION AND FEE.). VERY IMPORTANT: IT IS THE RESPONSIBILITY OF THE OWNER/APPLICANT AND/OR AGENT TO OBTAIN AND PROVIDE A CLEARANCE LETTER FROM EACH AGENCY AND/OR DEPARTMENT LISTED IN THE CONDITIONS WHETHER IF REQUIRED APPEARS IN THE CONDITION OR NOT AND FORWARD THIS CLEARANCE LETTER TO THE SECRETARY-TREASURER AS SOON AS THE CONDITIONS ARE FULFILLED. FAILURE TO COMPLY WITH THIS PROCEDURE WILL RESULT IN A LETTER BEING FORWARDED BY THE SECRETARY-TREASURER INDICATING THIS FILE HAS LAPSED AND, THEREFORE, WILL NECESSITATE THAT A NEW APPLICATION BE SUBMITTED TO LEGALIZE THIS PROPERTY. THIS MINOR VARIANCE DECISION IS NOT A BUILDING PERMIT AUTHORIZING CONSTRUCTION UNDER THE BUILDING CODE ACT, R.S.O. 1990, AS AMENDED. A BUILDING PERMIT MAY BE REQUIRED. PLEASE CONTACT THE BUILDING STANDARDS DEPARTMENT IN THE EVENT THAT YOU REQUIRE FURTHER CLARIFICATION. Item 8. FILE NUMBER: A216/08 APPLICANTS: PATRICK LOMORO & PATRICIA O BRIEN Part of Lot 24, Concession 2, (Lot 117, Registered Plan No. 65M-3892, municipally known as 77 Dimarino Drive, Maple). The subject lands are zoned RD3, Residential Detached Zone Three and under Bylaw 1-88 as amended. The applicants are requesting a variance to permit the construction of a deck, as follows: PROPOSAL: 1. To permit a rear yard setback of 2.5 metres to the proposed deck and stairs. 1. A minimum rear yard setback of 5.7 metres is required to a deck and stairs. Patrick Lomoro, the applicant, appeared and gave a brief submission regarding the request. Fikret Bjelic, 18 Sir Francesco St., Maple, Ontario, L6A 0E9, appeared in opposition of the request. The Committee asked the applicant if he discussed the variance with the neighbour. The applicant indicated the variance was discussed. Page 12 of 26

13 Item 8. FILE NUMBER: A216/08 APPLICANTS: PATRICK LOMORO & PATRICIA O BRIEN There was no one else in attendance either in support of or in opposition to the request. 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 desirable for the MOVED by L. Fluxgold Seconded by J. Cesario THAT Application No. A216/08 PATRICK LOMORO & PATRICIA O BRIEN, be APPROVED, in accordance with the sketch attached: Item 9. FILE NUMBER: A217/08 APPLICANTS: BRUNO & MARIA TRASOLINI Part of Lot 5, Concession 3, (Lot 32, Plan No.M-2468, municipally known as 15 Hillside Ave., Concord). The subject lands are zoned R1V, Residential Zone, under By-law 1-88, as amended. The applicants are requesting variances to permit the construction of a rear yard garden shed/accessory structure, as follows: PROPOSAL: 1. To permit a garden shed to a maximum floor area of m To permit a minimum rear yard setback of 1.8 m. to an accessory structure greater than 10 m To permit a maximum height of 3.35 m. for a garden shed. 1. The maximum floor area for a garden shed is 10 m A minimum rear yard setback of 7.5 m. is required to an accessory structure greater than 10m The maximum height for a garden shed is 2.5 m. from finished grade to the highest point of the structure. Bruno Trasolini Jr., appeared as the designated agent on behalf of the applicant and gave a brief submission regarding the request. 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 desirable for the THAT Application No. A217/08, BRUNO & MARIA TRASOLINI, be APPROVED in accordance with the sketch attached Page 13 of 26

14 Item 10. FILE NUMBER: A218/08 APPLICANTS: PROPOSAL: RICETON HOLDINGS LIMITED & DUFFERIN INVESTMENTS LIMITED Part of Lot 1, Concession 3, (Lots 7 to 9, Registered Plan No. M1890, municipally known as 34 Futurity Gate, Concord). The subject lands are zoned EM1, Prestige Employment Area and subject to the provisions under By-Law 1-88 as amended. The applicant is requesting a variance to permit the maintenance of parking spaces for an existing one storey multi-unit building, as follows: 1) To permit a minimum of 124 parking spaces (existing). 1) A minimum of 137 parking spaces are required. On August 22, 2008, a request for the Notice of Decision was received from RPIG Realty Holding, 113 Viceroy Rd., Vaughan, Ontario, L4K 2L5. Teri Leese, appeared as the designated agent on behalf of the applicant and gave a brief submission regarding the request. The Building Standards Department made the following written comments: A building permit has been issued. 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 desirable for the MOVED by L. Fluxgold Seconded by J. Cesario THAT Application No. A218/08 RICETON HOLDINGS LIMITED & DUFFERIN INVESTMENTS LIMITED, be APPROVED, in accordance with the sketch attached: Item 11 & 12. FILE NUMBERS: A219/08, A220/08 PROPERTIES: GRAND BROOK HOMES Part of Lot 20, Concession 3, (Lots 20 & 18, Registered Plan No. 65M-4070, municipally known as 140 & 156 Lealinds Road (respectively), Maple). The subject lands are zoned RD4 residential detached zone four, under By-Law 1-88 as amended and further subject to Exception 9(1227). PURPOSES: A219/08 - The applicant is requesting a variance to permit the continued construction of a two storey single family detached dwelling with attached garage as follows; A220/08 - The applicant is requesting a variance to permit the construction of a two storey single family detached dwelling with attached garage as follows: PROPOSALS: 1. Max interior garage width 7.07m 1. Max interior garage width 4.5m Eddie Tarquini, appeared as the designated agent on behalf of the applicant and gave a brief submission regarding the request. Page 14 of 26

15 Item 11 & 12. FILE NUMBERS: A219/08, A220/08 GRAND BROOK HOMES 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 desirable for the THAT Application Nos. A219/08, A220/08 GRAND BROOK HOMES, be APPROVED, in accordance with the sketches attached: Item 13. FILE NUMBER: A221/08 PAUL IMBROGNO Part of Lot 20, Concession 3, (Lot 129, Registered Plan No. 65M-3932, municipally known as 35 Catalpa Cres., Maple). The subject lands are zoned RT1, Residential Zone, subject to Exception 9(1229), under By-law 1-88, as amended. The applicant is requesting a variance to permit the maintenance of an rear yard deck for an existing two storey semi-detached dwelling, as follows: PROPOSAL: 1. To permit a minimum rear yard setback to a deck of 4.5 m. 1. A minimum rear yard setback of 5.7 m. to a deck is required Paul Imbrogno, the applicant, appeared and gave a brief submission regarding the request. Hama Hamas, 642 Grand Trunk Ave., Maple, Ontario, L6a 9R3, appeared in opposition and requested the Notice of Decision. Requests for the Notice of Decision were received from the following residents: Oruc Usak, 56 Catalpa Cres., Maple, Ontario, L6A 0R6; Celal Kayhan, 29 Catalpa Cres., Maple, Ontario, L6A 0R6. There was no one else in attendance either in support of or in opposition to the request. 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 desirable for the MOVED by L. Fluxgold Seconded by J. Cesario THAT Application No. A221/08 PAUL IMBROGNO, be APPROVED, in accordance with the sketches attached: Page 15 of 26

16 Item 14. FILE NUMBER: A222/08 PROPOSAL: LAURIE ROSS Part of Lot 30, Concession 3, (Lot 39, Registered Plan No. 65M-3201, municipally known as 1 Adirondack Drive, Maple). The subject lands are zoned R1, Residential Zone One and subject to the provisions of Exception 9(949) under By-law 1-88 as amended. The applicant is requesting variances to permit the construction of a pool cabana, as follows: 1. To permit a pool cabana with a gross floor area of m². 2. To permit an interior side yard setback of 0.6 metres to a pool cabana. 3. To permit a pool cabana with a building height of 3.65 metres. 1. A maximum gross floor area of 10 m² is permitted for an accessory building. 2. A minimum interior side yard setback of 1.5 metres is required. 3. A maximum building height of 2.5 metres is permitted for an accessory building. On August 11, 2008 a support letter was received from Fred & Karen Barrett, 11 Adirondack Drive, Maple, Ontario, L6A 1U7. Fabio Pozzobon, the applicant, appeared and gave a brief submission regarding the request. 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 desirable for the MOVED by L. Fluxgold Seconded by J. Cesario THAT Application No. A222/08 LAURIE ROSS, be APPROVED, in accordance with the sketches attached: Item 15. FILE NUMBER: A223/08 PROPOSAL: GRAND BROOK HOMES Part of Lot 20, Concession 2, (Lot 1, Registered Plan No. 65M-4053, municipally known as 1 Heritage Estates Road, Maple). The subject lands are zoned RD3(H), Residential Detached Zone Three with a holding zone provision and subject to the provisions of Exception 9(1275) under Bylaw 1-88 as amended. The applicant is requesting variances to permit the construction of a two storey single family detached dwelling with attached garage as follows; 1. To permit an interior garage width of 5.5 metres. 2. To permit an exterior side yard setback of 4.05 metres. 1. A maximum interior garage width of 5.0 metres is permitted. 2. A minimum exterior side yard setback of 4.5 metres is required. Eddie Tarquini, appeared as the designated agent on behalf of the applicant and gave a brief submission regarding the request. There were no comments/objections from any Departments or Agencies. Page 16 of 26

17 Item 15. FILE NUMBER: A223/08 GRAND BROOK HOMES The Committee is of the opinion that the variances sought can be considered minor and are desirable for the THAT Application No. A223/08 GRAND BROOK HOMES, be APPROVED, in accordance with the sketches attached: Item 16. FILE NUMBER: A226/08 APPLICANTS: PROPOSAL: CATHERINE DIXON Part of Lot 17, Concession 4, (Part of Block 2, Registered Plan No. 65M-3063, being Part 17, Reference Plan No.65R-19447,Townshouse No. 65, municipally known as 115 Parktree Drive, Maple). The subject lands are zoned RM2, Street Townhouse Dwelling, under By-Law 1-88 as amended and further subject to exception 9(893). The applicant is requesting a variance to permit the construction of an uncovered/unenclosed rear yard deck, to a two storey single family townhouse dwelling, as follows: 1. A minimum rear yard setback of 3.75m to the deck. 1. A minimum rear yard setback of 5.7m to the deck. Catherine Dixon, the applicant, appeared and gave a brief submission regarding the request. The Building Standards Department made the following written comments: Building permit has been applied for but not issued. The deck is to be uncovered and unenclosed. 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 desirable for the THAT Application No. A226/08, CATHERINE DIXON, be APPROVED in accordance with the sketch attached Item 17. FILE NUMBER: A228/08 APPLICANTS: ONTARIO INC. Part of Lot 5, Concession 9, (Parts 12 & 15, Reference Plan No.65R-30353, municipally known as 1 Roybridge gate, Woodbridge). The subject lands are zoned EM3, Retail Warehouse zone under By-Law 1-88 as amended and further subject to exception 9(1013) Page 17 of 26

18 Item 17. FILE NUMBER: A228/08 APPLICANTS: PROPOSAL: BACKGROUND: ONTARIO INC. The applicant is requesting variances to permit the construction of a two storey industrial building F, as follows: 1) A minimum interior sideyard setback of 1.773m. 2) To provide no loading spaces. 1) A minimum interior sideyard setback of 6m. 2) One loading space is required. The land which is subject to this application was also the subject of another application under the Planning Act: Site Development File# DA , APPROVED by Council June 11, Consent/Variance Applications File # s B012/06, B013/06 & A042/06, A043/06, for easements, APPROVED February 9, Certificates issued April 12, Consent Applications File # s B033/04 - B035/04 creation of new lots, APPROVED July 8, 2004, Certificates issued October 28, Domenic Rotundo, appeared as the designated agent on behalf of the applicant and gave a brief submission regarding the requests. The Committee asked the agent if he has reviewed the comments from the Engineering Department. The agent stated he had and that they will abide with this requirement. The Building Standards Department made the following written comments: A building permit has not been issued. The Engineering Department made the following written comments: The Engineering Department does not object to the proposed setback if the opening line remains unprotected. However, if the area is enclosed a minimum of 6.0 m maneuvering space would be required for reversing parked vehicles. 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 desirable for the MOVED by L. Fluxgold Seconded by J. Cesario THAT Application No. A228/08, ONTARIO INC., be APPROVED in accordance with the sketch attached Item 18. FILE NUMBER: A229/08 CENTRE STREET PROPERTIES INC. Part of Lot 6, Concession 2, (Lots 95 and 96, Registered Plan 3541, municipally known as 1136 Centre Street, Thornhill). The subject lands are zoned C1 Restricted Commercial and subject to the provisions of Exception Number 9(826) under By-Law 1-88 as amended. To permit the maintenance of an existing two-storey commercial building, and allow the operation of a technical school on the premises, within Units #2 & 3. PROPOSAL: 1. To permit a minimum interior side yard setback of 1.2 metres to the Technical School (Units 2 and 3). 2. To provide a minimum of 187 parking spaces. Page 18 of 26

19 Item 18. FILE NUMBER: A229/08 CENTRE STREET PROPERTIES INC. BACKGROUND INFORMATION 1. A minimum interior side yard setback of 15 metres is required to a Technical School. 2. A minimum of 197 parking spaces are required. Minor Variance Application A361/99 APPROVED Nov. 18/99 To permit non-office use such as a bank/financia institution as accessory to a business or professional office. A310/98 APPROVED Oct. 15/98 To permit the eating establishment uses having 35% of the total G.F.A. Murray Evans, appeared as the designated agent on behalf of the applicant and gave a brief submission regarding the requests. Cesar Ierullo, 49 Vaughan Blvd., Thornhill, Ontario, L4J 3N8, appeared and requested clarification as to the proximity of the school, type of school and the request for the parking spaces. 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 for the use. 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 desirable for the THAT Application No. A229/08 CENTRE STREET PROPERTIES INC., be APPROVED, in accordance with the sketches attached Item 19. FILE NUMBER: A231/08 APPLICANTS: PROPOSAL: BACKGROUND: FOGAL HOLDINGS LIMITED C/O JOHN GALLUCCI Part of Lot 8, Concession 10, (Part 2, Reference Plan No.65R-11752, municipally known as 2 Fogal Road, Woodbridge). The subject lands are zoned A, Agricultural under By-Law 1-88 as amended and further subject to exception 9(798) The applicant is requesting a variance to permit the construction of a permanent driveway access onto Huntington Road, across the required landscape strip, as follows: 1. An access driveway to be located across the eastern 9m landscape strip. 1. The 9 m strip of land located along the east lot line is to be used only for landscaping. The land which is subject to this application was also the subject of another application under the Planning Act: Minor Variance File# A149/89, APPROVED September 7, 1989 for a rear yard setback of a one storey building. Consent Application File # B105/98, APPROVED October 15, 1998, for the creation of a new lot fronting onto Highway 50. Deed stamped March 14, 2000 Sandra Patano, appeared as the designated agent on behalf of the applicant and gave a brief submission regarding the request. Page 19 of 26

20 Item 19. FILE NUMBER: A231/08 APPLICANTS: FOGAL HOLDINGS LIMITED C/O JOHN GALLUCCI The Building Standards Department made the following written comments: A site plan has not been submitted for review. Arial photography reveals that further deficiencies appear to be present such as, open storage located outside of the designated area, landscape strips used for open storage, and a driveway located across the west landscape strip leading to open storage on the abutting lands. There were no other 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 desirable for the THAT Application No. A231/08, FOGAL HOLDINGS LIMITED C/O JOHN GALLUCCI, be APPROVED in accordance with the sketch attached and subject to the following conditions: 1. The Owner shall reconstruct the existing easterly driveway located on Fogal Road, at the northwest corner of Fogal Road and Old Huntington Road into a right-in/right-out only driveway to the satisfaction of the City (Engineering Dept.). The City has no objection to the proposed permanent driveway located onto Old Huntington Road. 2. That if the condition(s) listed above is/are not fulfilled and the Building Permit is not applied for within twelve (12) months of the date this decision becomes final and binding, the said decision shall expire and shall be deemed to have been annulled and rescinded by the Committee.(PLEASE NOTE THAT THIS TIME PERIOD CANNOT BE EXTENDED IN ANY WAY, FAILURE TO MEET THIS DEADLINE WILL RESULT IN REQUIRING A NEW APPLICATION AND FEE.) VERY IMPORTANT: IT IS THE RESPONSIBILITY OF THE OWNER/APPLICANT AND/OR AGENT TO OBTAIN AND PROVIDE A CLEARANCE LETTER FROM EACH AGENCY AND/OR DEPARTMENT LISTED IN THE CONDITIONS WHETHER IF REQUIRED APPEARS IN THE CONDITION OR NOT, AND FORWARD THIS CLEARANCE LETTER TO THE SECRETARY-TREASURER AS SOON AS THE CONDITIONS ARE FULFILLED. FAILURE TO COMPLY WITH THIS PROCEDURE WILL RESULT IN A LETTER BEING FORWARDED BY THE SECRETARY-TREASURER INDICATING THIS FILE HAS LAPSED AND, THEREFORE, WILL NECESSITATE THAT A NEW APPLICATION BE SUBMITTED TO LEGALIZE THIS PROPERTY. THIS MINOR VARIANCE DECISION IS NOT A BUILDING PERMIT AUTHORIZING CONSTRUCTION UNDER THE BUILDING CODE ACT, R.S.O. 1990, AS AMENDED. A BUILDING PERMIT MAY BE REQUIRED. PLEASE CONTACT THE BUILDING STANDARDS DEPARTMENT IN THE EVENT THAT YOU REQUIRE FURTHER CLARIFICATION. Item 20. FILE NUMBER: A232/08 INSIGNIA INVESTMENTS INC. Part of Lot 5, Concession 6, (Lots 6 and 7, Registered Plan 65M-2339, municipally known as 90 Winges Road, Suites , Woodbridge). The subject lands are zoned EM1, Prestige Employment Area Zone under By-Law 1-88 as amended. To permit the construction of a proposed elevator, attached to an existing twostorey industrial building. PROPOSAL: 4. Minimum parking spaces provided Minimum parking spaces required 140 Page 20 of 26