The Minutes of the 11 TH Meeting of the Vaughan Committee of Adjustment for the year 2005 THURSDAY, JUNE 9, :00p.m.

Transcription

1 The Minutes of the 11 TH Meeting of the Vaughan Committee of Adjustment for the year 2005 THURSDAY, JUNE 9, 2005 Present at the meeting were: 6:00p.m. M. Mauti T. DeCicco L. Fluxgold D. H. Kang M. S. Panicali Members of Staff present: Dianne E. L. Grout, Secretary-Treasurer Lenore Providence, Assistant to the Secretary-Treasurer Glenn White, Planner Mike Ridgwell, Plans Examiner INTRODUCTION OF ADDENDUM REPORTS MOVED L. Fluxgold Seconded by T. DeCicco 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 T. DeCicco, declared a conflict of interest with respect to Item# s 8 & 9, File Nos. B019/05 & A077/05, ARGOT DEVELOPMENTS INC. c/o MR. G. VITULLO, as he has property across the street. L. Fluxgold, declared a conflict of interest with respect to Item# 5 of the May 26, 2005 minutes, being File No. A122/05, ROBERT AND ANGELA FIGLIOMENI, as the applicants are also his clients. ADOPTION OR CORRECTION OF MINUTES Seconded by T. DeCicco THAT the minutes of the Committee of Adjustment Meeting of Thursday, MAY 26, 2005, be adopted as circulated. CARRIED ADJOURNMENTS AND/OR DEFERRALS A fax was received May 16, 2005, from Silvia Pellitteri, the applicant, to request that Item #s 6 & 7, File Nos. B064/04 and B065/04, SILVIA PELLITTERI, be ADJOURNED SINE DIE. A fax was received May 31, 2005, from Rosemarie Humphries, Humphries Planning Group Inc., agent on behalf of the owner, requesting that Item #s 8 & 9, File Nos. B019/05, A077/05, ARGOT DEVELOPMENTS INC. c/o MR. G. VITULLO, be ADJOURNED SINE DIE to allow for the continued consultation with area residents. A fax was received June 8, 2005, from Robert Santo of Socia Engineering Ltd., to request that Item # 11, File No. A112/05, LURON INVESTMENTS INC., be ADJOURNED TO THE JUNE 23, 2005, MEETING, to allow the Planning and Engineering Departments an opportunity to verify the number of parking spaces provided. Page 1 of 18

2 ADJOURNMENTS AND/OR DEFERRALS MOVED by L. Fluxgold Seconded by M. S. Panicali Item #s 6 & 7, File Nos. B064/04 and B065/04, SILVIA PELLITTERI, be ADJOURNED SINE DIE. Item #s 8 & 9, File Nos. B019/05, A077/05, ARGOT DEVELOPMENTS INC. c/o MR. G. VITULLO, be ADJOURNED SINE DIE. That Item # 11, File No. A112/05, LURON INVESTMENTS INC., be ADJOURNED TO THE JUNE 23, 2005, MEETING. It should be noted that T. DeCicco abstained from voting on the above matter. ADMINISTRATIVE CORRECTIONS NONE. (PREVIOUSLY ADJOURNED FROM THE MAY 11, 2005 AND MAY 26, 2005 MEETINGS) 1. FILE NO: A111/05 VALERIO LIPPA Part of Lot 19, Concession 4, (Lot 45, Registered Plan No. 5519, municipally known as 58 Lancer Drive, Maple, Ontario). The subject lands are zoned R1V, Old Village Residential, under By-law 1-88 as amended. The applicant is requesting a variance to permit the construction of a two storey single family dwelling as follows: Maximum Lot Coverage = 23.89% Maximum Lot Coverage = 20% The existing house is to be demolished. Nadia Zuccaro of the EMC Group Limited, 7577 Keele Street, Suite 200, Vaughan, Ontario, L4K 4X3, appeared as the agent on behalf of the applicant. Ms. Zuccaro submitted a report that she referred to during her submission. During discussions between Mr. Lippa, the applicant, Ms. Zuccaro, the agent and the Committee, Mr. Lippa told the Committee that he would not consider reducing the lot coverage to 23%. Mr. Gerry Schiller, 48 Lancer Drive, Maple, Ontario, L6A 1C9, appeared in opposition to the request, and read from a prepared letter during his submission. The Committee explained to Ms. Zuccaro that earlier in 2004, Council reviewed and decided that R1V Old Village Residential land will have an increase in lot coverage to 23% and no more. In this regard, the Committee has not wavered from Council s decision. Page 2 of 18

3 . (PREVIOUSLY ADJOURNED FROM THE MAY 11, 2005 AND MAY 26, 2005 MEETINGS) 1. FILE NO: A111/05 VALERIO LIPPA. Ms. Zuccaro, agreed to the Committee s suggestion to STAND DOWN the application so that she may speak to the applicant about amending his application to 23%. There was no one else in attendance either in support of or in opposition to the request. A letter was received from the EMC Group Limited, 7577 Keele Street, Suite 200, Vaughan, Ontario L4K 4X3, accompanied by an authorization letter appointing both Nadia Zuccaro and Yurij Michael Pelech as agents. Letters of support were received from the following people: A & M Kourlas 61 Lancer Drive Maple, Ontario L6A 1C9 Stacey Crinson 65 Lancer Drive Maple, Ontario L6A 1C9 Nancy Newman 62 Lancer Drive Maple, Ontario L6A 1C9 Paul Gortana 63 Lancer Drive Maple, Ontario L6A 1C9 A Letter of opposition was received from David Ross Geddes and Jean Geddes, 30 Gosling Road, Maple, Ontario, L6A 1S3. On January 20, 2003, Staff was directed, that the following petition of concerned residents, (who requested to be notified of all future public hearings pertaining to the R1V, Old Village Residential Zone in Maple) be forwarded to and made part of the Committee of Adjustment notification process. David Ross & Jean Geddes 30 GOSLING AVE., L6A 1S3 Evelyn Wilmot 19 RYDER RD., L6A 1E4 Pina Colucci 67 NETHERFORD RD., L6A 1E1 Susie Santoriello 12 MALAREN RD., Mario & Lina Rospo 27 MALAREN RD., Gerry Steyn 18 LANCER DR., L6A 1E4 M. Halliday 23 GOODMAN CRES., L6A 1E8 Ruth Moorhead NOT Interested 25 LANCER DR., L6A 1E1 John & Nell Jansen 10 WELLER CRES L6A 1E4 Brian Gardiner 33 GOODMAN CRES., L6A 1E8 A. Lombardi 28 MALAREN RD., Barton & Lois Lloyd 43 GOODMAN CRES., L6A 1E8 Paolo Santoriello 12 MALAREN RD C. Hungerson 65 NETHERFORD RD., L6A 1E1 Sylvia & Harold Gipps 20 LANCER DR., L6A 1E1 Ernie Zampese 37 GOODMAN CRES., L6A 1E8 Kay Jones 24 GOODMAN CRES., L6A 1E7 Herb Fleming 31 WELLER CRES., Doug Chalmers 31 MALAREN RD., L6A 1E2 Alex Kerr 19 GOODMAN CRES L6A 1E7 Al Albin 75 NETHERFORD RD., L6A 1E1 Page 3 of 18

4 . (PREVIOUSLY ADJOURNED FROM THE MAY 11, 2005 AND MAY 26, 2005 MEETINGS) 1. FILE NO: A111/05 VALERIO LIPPA PETITION CONTINUED Mary &Jim Davis 21 GOSLING RD., L6A 1E2 Vic & Carol Flynn 11 CLEMSON CRES., L6A 1C8 Joan & Al Saunders 28 GOSLING AVE., L6A 1E2 Jim & Debra Robson 2 LANCER DR., L6A 1E4 Rick & Ann Soderberg 53 GOODMAN CRES., L6A 1E2 Rose Ivens 31 WELLER CRES., L. & Sondra Principe 29 MALAREN RD., Beverly A. Guttridge 9 RYDER RD., L6A 1E4 John & B. Nicoll 1 CLEMSON CRES., L6A 1C8 Brigitta Weidenfelder 22 CLEMSON CRES., L6A 1C9 James & Dorothy Craib 15 CLEMSON CRES., L6A 1C8 Mr. and Mrs. Joseph Tarascio 56 Butterfield Cres, Maple, Ontario L6A 1J4 Fred & Sydell Cook 12 CLEMSON CRES., L6A 1C8 Gerhard Schiller 48 LANCER DRIVE L6A 1C9 Eva & Bill Watson 23 LANCER DR., L6A 1E1 Ronald & Judith Marwood 14 WELLER CRES., Howard Porter 21 GOODMAN CRES., L6A 1E8 Derek & Alice Abraham 26 MALAREN RD., Doreen Schanck 35 GOODMAN CRES., L6A 1E8 Anna Granger 52 GOODMAN CRES., L6A 1E2 N. Dodds 66 NETHERFORD RD., L6A 1E1 Tony & Ioli Rinaldi 8 CLEMSON CRES., L6A 1C8 Mildred & Mervyn Rotz 18 CLEMSON CRES., L6A 1C8 MARIA SAMMUT 9 WELTON STREET L6A 1R8. Abel & Eva Lee 6 CLEMSON CRES., L6A 1C8 Henrique & Mary Amaral 16 CLEMSON CRES., L6A 1C8 Edward Langman 16 LANCER DR., L6A 1E4 Ron Occhionero 83 NETHERFORD RD., L6A 1E1 Gord Ingram MOVED 9 MALAREN RD., Glen & Mary Norcliffe 23 MALAREN RD., Rosina Zampese 37 GOODMAN CRES., L6A 1E8 E. & A. Gauvin 10 GOODMAN CRES., L6A 1E7 Karl Kantaroff 43 LANCER DR., L6A 1C9 George Sinclair 3 CLEMSON CRES., L6A 1S7 Bob Gammage 10 MALAREN RD., The Development Planning Department made to following written comments: The applicant has applied for a variance to permit the construction of a two storey single detached dwelling. The applicant is requesting the maximum lot coverage to be 23.89% rather than the required maximum of 20% lot coverage for a two storey dwelling. The applicant has not requested any yard variances along with the requested lot coverage variance to facilitate the proposed two storey dwelling. Recently, in this immediate area along Lancer Drive there have been two other lot coverage variances. At 11 Lancer Drive, the applicant requested 22.95% for a two storey dwelling and at 61 Lancer Drive; the applicant requested 20.56% lot coverage for a two storey addition to an existing one storey dwelling. Both applications were supported by Development Planning Department. Recently, in this immediate area, the Committee has been supporting increases in lot coverage up to 23 % for proposed two storey dwellings. The Development Planning Department could support Variance Application A111/05 if the application was amended to maximum lot coverage of 23%. Page 4 of 18

5 . (PREVIOUSLY ADJOURNED FROM THE MAY 11, 2005 AND MAY 26, 2005 MEETINGS) 1. FILE NO: A111/05 VALERIO LIPPA. There were no other objections from any Departments or Agencies. Seconded by D. H. Kang THAT Application No. A111/05 VALERIO LIPPA, be STOOD DOWN, to the end of the agenda. (PREVIOUSLY ADJOURNED FROM MAY 11, 2005 MEETING) 2. FILE NO.: A121/05 IMPERIAL OIL LTD. Part of Lot 5, Concession 7, (Lot 28, Plan No. M-9831, municipally known as 4515 Highway No. 7, Woodbridge.) The subject lands are zoned C6, Highway Commercial under By-Law 1-88 as amended and further subject to Exception 9(459). Prior to the hearing, it has been determined that the only variance required is for the landscape strip, therefore, the Application, Sketch and Notice of Application is amended as follows: THEREFORE the applicant is requesting a variance to permit the construction of a Tim Horton s, Gas Bar and Convenience Store, as follows: Minimum 3.0m landscape strip Minimum landscape strip 6.0m Note: All existing buildings and structures are proposed to be demolished. Mr. Michael Goldberg, the agent, appeared and told the Committee that the Site Development Application DA was heard and approved by the Committee of the Whole on June 8, There was no one in attendance either in support of or in opposition to the request. There were no 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 Plan will be maintained. Seconded by L. Fluxgold Page 5 of 18

6 (PREVIOUSLY ADJOURNED FROM MAY 11, 2005 MEETING) 2. FILE NO.: A121/05 IMPERIAL OIL LTD. THAT Application No. A121/05 IMPERIAL OIL LIMITED, be APPROVED, AS AMENDED, in accordance with the sketch attached (PREVIOUSLY ADJOURNED FROM MAY 26, 2005 MEETING) 3. FILE NO: A124/05 JOHN AND MARY LOU PECORELLI Part of Lot 17, Concession 4, (Lot 130, Registered Plan No. 65M-3061, municipally known as 122 Hawker Road, Maple). The subject lands are zoned R3, Residential, under By-law 1-88, subject to Exception 9(893) as amended. Prior to the applicant s submission, it was agreed to amend the application, sketch, and Notice of Application by deleting the following: and by the revising the following:.. Shed to be located in side yard Minimum side yard setback to pool equipment = 0.6m. NOT Minimum side yard setback to shed = 0m. THEREFORE, the applicants are requesting variances to permit the maintenance of existing pool equipment and covered deck as follows: 1. Minimum Side Yard Setback to Pool equipment = 0.6m 2. Maximum Lot Coverage = 43.1% 3. Minimum Rear Yard Setback to Covered Deck = 6.95m. 1. Minimum Side Yard Setback to Pool equipment = 1.2m 2. Maximum Lot Coverage = 40% 3. Minimum Rear Yard Setback to Covered Deck = 9m Gianni Regina, the agent, appeared on behalf of the applicant. There was no one in attendance either in support of or in opposition to the request. There were no new letters of support or opposition received. Page 6 of 18

7 (PREVIOUSLY ADJOURNED FROM MAY 26, 2005 MEETING) 3. FILE NO: A124/05 JOHN AND MARY LOU PECORELLI Previously documented at the May 26, 2005 meeting. Letters of support were received from Dimitris Polygenis, 128 Hawker Road, Maple, Ontario, L6A 2J3; and Philippe Romain, 118 Hawker Road, Maple, Ontario, L6A 2J3. A letter of objection was received from Ha Thi Nguyen, 21 Elena Crescent, Maple, Ontario, L6A 2J4. The Development Planning Department made the following written REVISED comments on Jun 9/05: The applicant is requesting variances to permit the maintenance of an existing covered deck and pool equipment. The applicant is requesting a variance to allow the pool equipment to be located in the side yard and have a 0.6m side yard setback rather than the required 1.2m. The applicant is also requesting the maximum lot coverage to be 43.1% rather than 40% and the minimum rear yard setback to the covered deck to be 6.95m rather than the required 9.0m. It is noted that the applicant has submitted letters of support for the shed from the abutting neighbours at 128 and 118 Hawker Road. The Development Planning Department has no objections to the proposed variances. The proposed 0.6m side yard setback to the pool equipment still provides space for drainage and access between the equipment and the property line. The variances could be considered appropriate for the development of the lands. There were no other objections from any Departments or Agencies. The Committee is of the opinion that the variances sought as amended can be considered minor and are desirable for the appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will be maintained. Seconded by D. H. Kang THAT Application No. A124/05 JOHN & MARY LOU PECORELLI, be APPROVED, as AMENDED, in accordance with the sketches attached. (PREVIOUSLY ADJOURNED FROM MAY 26, 2005 MEETING) 4. FILE NO: A134/ ONTARIO INC. Part of Lots 8 and 9, Concession 7, (Part of Lots 10 to 14 including 10A, 12A and 12B, Registered Plan M Municipally known as 8201 Islington Avenue (Formerly 8229, 8243 and 8253 Islington Avenue, Woodbridge)). The subject lands are zoned RA2, Apartment Residential under By-Law 1-88 as amended and further subject to Exception 9(1187). Prior to the agent s submission the Building Standards Department amended their comments and Notice of Applications by DELETING THE WORD PARTIAL as follows: A maximum building height of 18.6m and with a partial 6 th storey as depicted. Page 7 of 18

8 (PREVIOUSLY ADJOURNED FROM MAY 26, 2005 MEETING) 4. FILE NO: A134/ ONTARIO INC. THERFORE the applicant is requesting a variance to permit the construction of a proposed penthouse suite addition to the fifth floor of a five-storey condominium building currently under construction, notwithstanding, the proposed changes to the existing By-Law & current By-Law requirements are as follows: 1. A maximum building height of 18.6m and with a 6 th storey as depicted. 1. The required maximum building height is 16m with elevations of 3,4 and 5 storeys as shown on schedule 1 of by-law number Other Planning Act Applications The land which is the subject in this application was also the subject of another application under the Planning Act: SITE PLAN File #: DA APPROVED. Joe Salvatore, the agent, appeared on behalf of the applicant and submitted colour photographs to illustrate the request. F. Porretta c/o Sierra Club Pine Grove Neighbour Section, 40 Birch Hill Road, Woodbridge, Ontario, L4L 1J2; Peter Gambino and his father Dima Gambino, 8283 Islington Avenue, Woodbridge, Ontario, L4L 1W9 all appeared in opposition. Mr. Salvatore reappeared to further discuss the request. There was no one else in attendance either in support of or in opposition to the request. The Development Planning Department revised their original comments and removed their objection to the request. There were no 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 appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will be maintained. MOVED by L. Fluxgold Seconded by T. DeCicco THAT Application No. A134/05, ONTARIO INC., be APPROVED in accordance with the sketch attached and subject to the following conditions: 1. That the applicant obtain a permit revision to the TRCA permit C for the proposed new condominium height., if required, to the satisfaction of the Toronto and Region Conservation Authority; 2. The Site Development Agreement shall be amended to reflect the new building height, if required, to the satisfaction of the Development Planning Department; 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 8 of 18

9 CONSENT PUBLIC HEARING: 5. FILE NO.: B027/05 V.M.S. HOLDINGS INC. Part of Lot 34, Concession 7, (municipally known as Pine Valley Drive). The purpose of this application is to request the consent of the Committee of Adjustment to convey a parcel of land as an addition in favour of the lands to the NORTH, together with all required easements and right-of-ways, if required, and retain land for agricultural use. The subject lands are zoned A, Agricultural under By-law 1-88 as amended. Other Planning Act Applications The land which is the subject in this application is/was also the subject of an application under the Planning Act for: Zoning By-law Amendment Z Approved Consent Application File No. B95/00 Approved December 5, Creation of a new lot. Deeds stamped June 25, Helen Lepek, the, agent appeared on behalf of the applicants. There was no one in attendance either in support or opposition to the request. A letter was received from Ted Nickerson of MCN (Pine Valley) Inc., 2800 Highway #7, West, Suite 301, Concord, Ontario, L4K 1W8, on behalf of Pine Valley Drive, stating they have no objection to the request. There were no objections from any Departments or Agencies and any conditions requested are listed below. Seconded by D. H. Kang THAT Application No. B027/05 - V.M.S. HOLDINGS INC.,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. That the owner shall pay all taxes as levied, (by certified cheque), if required, to the satisfaction of Reserves/Capital Department; (contact Terri Liuni in the Reserves/Capital Department to have this condition cleared). 2. The owner shall convey sufficient property to provide 17.5m (7.5m approximately) from the centerline of Pine Valley Drive municipal road allowance to the City of Vaughan at no cost and free of charge and encumbrance to the City, if required, to the satisfaction of the Engineering Department; 3. The owner shall arrange to prepare and register a reference plan to his/her expense for the conveyance of the required road widening to the satisfaction of the City of Vaughan. Owner shall pay the cost of $ for the registration of the conveyed lands to the City of Vaughan, if required, to the satisfaction of the Engineering Department; 4. A by-law shall be passed dedicating the road widening as public highway to the satisfaction of the Engineering Department and the Owner shall pay the cost of $ for the registration of the road dedication by-law to the City of Vaughan, if required, to the satisfaction of the Engineering Department; Page 9 of 18

10 CONSENT PUBLIC HEARING: 5. FILE NO.: B027/05 V.M.S. HOLDINGS INC. 5. This consent is given on the express understanding that Subsection 3 or Subsection 5 of Section 50 of the Planning Act shall apply to any subsequent conveyance in respect to the subject lands; 6. That the applicant provide to the Secretary Treasurer a letter of undertaking, stating that the lands in question are in favour of or taken into the title of the lands to the NORTH. 7. 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; 8. 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; 9. 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; 10. 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; Page 10 of 18

11 6. FILE NO.: A136/05 FLORIA CREEK ESTATES INC. Part of Lot 15, Concession 4, (Part 1, Reference Plan 65R-27174, municipally known as 2839 Rutherford Road, Concord.) The subject lands are zoned EM1, Prestige Employment Area under By-law 1-88, subject to Exception 9(1190), as amended. The applicant is requesting a variance to permit the continued construction of a three storey recreational use building, as follows: Minimum number of parking spaces = 350 Minimum number of parking spaces = 368 Other Planning act Applications The land which is the subject in this application is also the subject of an application under the Planning act for: Zoning By-Law Amendment File Z ADOPTED BY COUNCIL APRIL 26, Site Development File DA ADOPTED BY COUNCIL APRIL 26, By-Law PASSED BY COUNCIL MAY 25, Minor Variance Application A246/04 APPROVED AUGUST 19, 2004 FOR 287 PARKING SPACES. Tina Geraci, the agent, appeared on behalf of the applicant. There was no one in attendance either in support of or in opposition to the request. There were no 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 appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will be maintained. Seconded by L. Fluxgold THAT Application No. A136/05 FLORIA CREEK ESTATES INC., be APPROVED, in accordance with the sketch attached. Page 11 of 18

12 7. FILE NO.: A137/05 B-STAR CORPORATION Part of Lot 12, Concession 2, (Block 168, Registered Plan No. 65M-3524, municipally known as 8700 Bathurst Street, Units 8-10, Thornhill.) The subject lands are zoned C3, Local Commercial and subject to the provisions of Exception Number 9(1063) under By-Law 1-88 as amended. The applicant is requesting variances to permit the construction of an outdoor patio as an accessory use to an eating establishment for Units 8-10, as follows: 1) To permit a minimum of 83 parking spaces. 2) To permit a minimum front yard setback of 1.52 metres to the patio. 3) To permit a minimum landscape strip of 1.52 metres in width at the patio. 4) To permit a maximum gross floor area for all eating establishment uses to be 33% of the total gross floor area of the development. 1) A minimum of 90 parking spaces are required. 2) A minimum front yard setback of 11.0 metres is required to the patio. 3) A minimum landscape strip of 6.0 metres is required to the patio. 4) A maximum gross floor area of 20% for all eating establishment uses is permitted for the total gross floor area of the development. Other Planning act Applications The land which is the subject in this application is also the subject of an application under the Planning act for: Minor Variance Application A151/03 Minor Variance Application A324/04 APPROVED JUNE 12, 2003 for front yard, exterior side yard, daylight triangle setbacks and landscape strip. APPROVED NOVEMBER 4, 2004 for gross floor area of 32% for all eating establishment uses for total gross floor area of the development, parking spaces 83. Tina Geraci, the agent, appeared on behalf of the applicant. Joanne Grder, 204 Cabernet Road, Thornhill, Ontario, L4J 8V8, appeared with concerns and questions regarding the request. After a brief discussion with the agent, Ms. Grder stated she no longer has any questions regarding the request. There was no one else in attendance either in support of or in opposition to the request. There were no 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 appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will be maintained. MOVED by L. Fluxgold Seconded by D. H. Kang Page 12 of 18

13 7. FILE NO.: A137/05 B-STAR CORPORATION THAT Application No. A137/05 B-STAR CORPORATION, be APPROVED, in accordance with the sketch attached and subject to the following conditions: 1. That the Site Development Agreement be amended for the proposed outdoor patio, if required, to the satisfaction of the Development Planning Department; 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.) 8. FILE NO.: A138/05 GRAZIANA DE SIMONE Part of Lot 14, Concession 8, (Lot 22, Registered Plan No. 65M-2808, municipally known as 269 Roselawn Drive, Woodbridge). The subject lands are zoned R1, Residential under By-law 1-88 as amended and further subject to Exception 9(665). The applicant is requesting a variance to permit the maintenance of a one storey single family detached dwelling with attached garage, as follows: 1. A front yard setback to the garage wall of 6.775m 1. The required minimum front yard setback to the garage wall is 7.5m. Graziana De Simone, the applicant appeared on her own behalf. There was no one in attendance either in support of or in opposition to the request. There were no 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 appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will be maintained. Seconded by L. Fluxgold THAT Application No. A138/05 GRAZIANA DE SIMONE, be APPROVED, in accordance with the sketch attached. Page 13 of 18

14 9. FILE NO: A139/05 ALBERT AND ROSINA CANNITELLI Part of Lot 15, Concession 6, (Blocks 39 & 40, Registered Plan No. 65M-3310, Parts 18 & 19, Reference Plan 65R-25915, municipally known as 139 Orr Ave., Woodbridge.) The subject lands are zoned RR, Rural Residential under By-Law 1-88 as amended and further subject to Exception 9(1141). The applicants are requesting a variance to permit the construction of a two storey + a loft single family detached dwelling, with attached garage, as follows: Maximum lot coverage 23.86% Maximum lot coverage 15% Albert Cannitelli, the applicant, appeared on his own behalf and gave a brief submission regarding the request. Tony Zingaro, 52 Cartwright Boulevard, Woodbridge, Ontario L4L 8J4, appeared in support of the application. There was no one else in attendance either in support of or in opposition to the request. A letter was received from Ted Nickerson of MCN (Pine Valley) Inc., 2800 Highway #7, West, Suite 301, Concord, Ontario, L4K 1W8, on behalf of Pine Valley Drive, stating they have no objection to the request. The Development Planning Department made the following written comments: The subject lands are designated Low Density Residential by OPA No.240. The subject lands are zoned RR, Rural Residential under By-Law 1-88 as amended and further subject to Exception 9(1141). The applicant has applied for a variance to permit the construction of a two storey single detached dwelling. The applicant is requesting the maximum lot coverage to be 23.86% rather than the required maximum lot coverage of 15%. The applicant has not requested any yard variances. In the past, the Development Planning Department has supported a maximum lot coverage request of 21% lot coverage. In the past, this department has not supported requests above 21% lot coverage. It is this department opinion that this application is not appropriate given the By-law standard. There were no other 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 appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will be maintained. Seconded by L. Fluxgold THAT Application No. A139/05 ALBERT CANNITELLI & ROSINA CANNITELLI, be APPROVED, in accordance with the sketch attached. Page 14 of 18

15 10. FILE NO: A140/05 SUE-ANNE BROWN (ASPRO) Part of Lot 22, Concession 8, (Lot 22, Registered Plan No. 65R-7694, municipally known as Highway 27, Kleinburg). The subject lands are zoned OS1, Open Space Conservation Zone and A, Agriculture under By-law 1-88 as amended. The applicant is requesting variances to permit the construction of an addition to an existing one storey single family detached dwelling as follows: 1. A residential dwelling constructed within an OS1, Open Space Conservation Zone. 2. A setback of 1.5m from the TRCA (Toronto Region Conservation Authority) Top of Bank Line to the proposed structure. 1. No building or structure other than for conservation or flood control projects is permitted within the OS1, Open Space Conservation Zone. 2. The minimum required setback to the TRCA (Toronto Region Conservation Authority) Top of Bank Line to a structure is 15m. Other Planning Act Applications: The land which is the subject in this application was also the subject of an application under the Planning Act for: Minor Variance File No. A050/98 - Approved March 5, 1998 (Front yard setback of 9.0m for existing one storey single family detached dwelling.) Minor Variance File No. A141/92 Refused March 17, 1994 (Proposed two storey single family detached dwelling) OMB appeal abandoned). Tony Aspro, the agent, appeared on behalf of the applicant (his wife). There was no one in attendance either in support of or in opposition to the request. There were no 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 appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will be maintained. Seconded by L. Fluxgold THAT Application No. A140/05 SUE-ANNE BROWN (ASPRO), be APPROVED, in accordance with the sketches attached. Page 15 of 18

16 11. FILE NO: A141/ CANADA INC. Part of Lot 5, Concession 5, (Parts 1 & 6, 65R-27858, municipally known as 11 Interchange Way, Concord). The subject lands are zoned C9, Corporate Commercial under By-law 1-88 as amended and further subject to Exception 9(957). The applicant is requesting variances to permit the construction of a hotel as follows: 1. Exempt from build to zone. 2. 3m landscape strip provided loading spaces required. 1. Build to zone. 2. 6m landscape strip 3. 2 loading spaces required Other Planning Act Applications: The land which is the subject in this application was also the subject of an application under the Planning Act for: Consent Application B067/04 Approved Oct. 14, 2004, Certificates issued March 31/05. Site Plan DA Scheduled for Committee of the Whole on June 8, Randall Dickie, the agent, appeared on behalf of the applicant. There was no one in attendance either in support of or in opposition to the request. There were no 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 appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will be maintained. MOVED by L. Fluxgold Seconded by D. H. Kang THAT Application No. A141/ CANADA INC. c/o BENTALL REAL ESTATE, be APPROVED, in accordance with the sketches attached. 12. FILE NOS: A142/05 to A144/05 to RAVEN FALLS PROPERTIES INC. 14. Part of Lot 12, Concession 2, (Lots 77, 79 & 78, Registered Plan No. 65M-3757, municipally known as 33, 36 and 35 Sisley Crescent, Thornhill, all respectively). The subject lands are zoned RV4 (WS), Residential Urban Village Zone Four and subject to the provisions of Exception Number 9(1063) under By-Law 1-88 as amended. Page 16 of 18

17 12. FILE NOS: A142/05 to A144/05 to RAVEN FALLS PROPERTIES INC. 14. The applicant is requesting variances to permit the maintenance of existing decks, which are attached to the rear of existing two-storey single family dwellings, notwithstanding, the proposed changes to the existing By-Law & current By-Law requirements are as follows: A142/05 & A143/05 - To permit a minimum rear yard setback of 8.0 metres to the deck. A144/05 - To permit a minimum rear yard setback of 7.55 metres to the deck. A minimum rear yard setback of 10.0 metres is required to the deck. Walter Botter, 6 Somerset Drive, Brampton, Ontario, L6Z 1C6, appeared as the agent along with James McEvilly the registered agent. There was no one in attendance either in support of or in opposition to the request. There were no 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 appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will be maintained. MOVED by L. Fluxgold Seconded by D. H. Kang THAT Application Nos, A142/05 to A144/05, RAVEN FALLS PROPERTIES INC., be APPROVED in accordance with the sketch attached 15. FILE NO.: A145/05 MARK LAPOWICH Part of Lot 14, Concession 2, (Part of Block 276, Registered Plan 65M Municipally known as 19 Krisbury Avenue, Thornhill). The subject lands are zoned RVM1(WS-A), Residential Urban Village Multiple Dwelling Zone One (Street Townhouse on a Wide and Shallow Lot) and subject to the provisions of Exception Number 9(1063) under By-Law 1-88 as amended. The applicant is requesting a variance to permit the maintenance of an existing deck, which is attached to the rear of an existing two-storey single family street townhouse, notwithstanding, the proposed changes to the existing By-Law & current By-Law requirements are as follows: 1) To permit a minimum rear yard setback of 1.52 metres to the deck. Mark Lapowich, the applicant, appeared on his own behalf. 1) A minimum rear yard setback of 4.2 metres is required to the deck. There was no one in attendance either in support of or in opposition to the request. Page 17 of 18

18 15. FILE NO.: A145/05 MARK LAPOWICH A fax was received on June 8, 2005, from Michael Abrams, of Acuminous Legal Services Inc., 7030 Woodbrine Avenue, Suite 204, Markham, Ontario L3R 6G2, requesting to receive a copy of the decision. There were no 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 appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will be maintained. Seconded by L. Fluxgold THAT Application No. A145/05, MARK LAPOWICH, be APPROVED in accordance with the sketch attached (PREVIOUSLY ADJOURNED FROM THE MAY 11, 2005 AND MAY 26, 2005 MEETINGS) 1. FILE NO: A111/05 VALERIO LIPPA. Ms. Zuccaro, returned to inform the Committee that the applicant will amend the lot coverage to 23% The Committee is of the opinion that the variance sought can be considered minor and is desirable for the appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will be maintained. Seconded by L. Fluxgold THAT Application No. A111/05 VALERIO LIPPA, be APPROVED AS AMENDED. OTHER BUSINESS None. MOTION TO ADJOURN MOVED by T. DeCicco Seconded by L. Fluxgold THAT the meeting of Committee of Adjustment be adjourned at 7:20 p.m., and the next regular meeting will be held on THURSDAY, JUNE 23, Page 18 of 18