The Minutes of the 3rd Meeting of the Vaughan Committee of Adjustment for the year 2008 THURSDAY, FEBRUARY 14, :00p.m.

Transcription

1 The Minutes of the 3rd Meeting of the Vaughan Committee of Adjustment for the year 2008 THURSDAY, FEBRUARY 14, :00p.m. Present at the meeting were: L. Fluxgold Vice Chair J. Cesario D. H. Kang Members of Staff present: Todd Coles, Secretary-Treasurer Lenore Providence, Assistant to the Secretary-Treasurer Ryan Mino, Planner Francesco Morea, Plans Examiner INTRODUCTION OF ADDENDUM REPORTS That the addendum reports be incorporated into the minutes and be on view at the back of the room in the Report Book. DISCLOSURE OF PECUNIARY INTEREST It should be noted that L. Fluxgold declared a conflict of interest with respect to Item # 6, File No. A405/07 BETH CHABAD ISRAELI COMMUNITY CENTRE, as he has ongoing advisory business with the applicant. ADOPTION OR CORRECTION OF MINUTES THAT the minutes of the Committee of Adjustment Meeting of Thursday, January 31, 2008, be adopted as circulated. It should be noted that L. Fluxgold abstained from voting on the above matter as he was not present at the January 31, 2008 meeting. ADJOURNMENTS AND/OR DEFERRALS On February 14, 2008, an was received from Ms. Kitty Tran, the agent, requesting that Item# 22, FILE NO. A045/08 JIAN FENG YUAN & KA HIM TO, be WITHDRAWN. THAT Item# 22, FILE NO. A045/08 JIAN FENG YUAN & KA HIM TO, be WITHDRAWN. ADMINISTRATIVE CORRECTIONS NONE. Page 1 of 14

2 It should be noted that L. Fluxgold, left the Council Chambers at this time, due to a previously declared conflict of interest and D. H. Kang assumed the role of Acting Chair in his absence. (Previously adjourned from the December 13, 2007 and January 17, 2008 Meetings) 1. FILE NO.: A405/07 BETH CHABAD ISRAELI COKMMUNITY CENTRE Part of Lot 6, Concession 2, (Part 5, Reference Plan No. 65R-28034, municipally known as 7770 Bathurst Street, Thornhill.). The subject lands are zoned A, Agricultural under By-law 1-88 as amended. The applicant is requesting variances to permit the construction of a two storey Synagogue, as follows: 1. To permit a front yard setback (on Bathurst St) of 0.6 metres. 2. To permit an interior side yard setback (south side) of 6.0 metres. 3. To permit an exterior side yard setback (north side) of 0.6 metres. 4. To permit a landscape strip width of 0.6 metres along a lot line that abuts a street line. 5. To permit a lot coverage of 53%. 6. To permit a building height of 13.0 metres. 7. To permit a total of 50 parking spaces. 1. A minimum front yard setback of 15.0 metres is required. 2. A minimum interior side yard setback of 15.0 metres is required. 3. A minimum exterior side yard setback of 15.0 metres is required. 4. A minimum landscape strip width of 6.0 metres is required along a lot line that abuts a street line. 5. A maximum lot coverage of 20% is permitted. 6. A maximum building height of 11.0 metres is permitted. 7. A minimum of 221 parking spaces are required. Other Planning Act Applications The land which is the subject in this application was also the subject of another application under the Planning Act: Consent Application B049/03 Approved - July 26, 2003 Certificate issued August 13, 2003 Minor Variance File Nos.A161/03, A162/03 APPROVED July 26, 2003 to facilitate the subject and retained lands with respect to lot area and lot frontage. File Nos. OP , Z , DA , - CLOSED - AS PER APPLICANT. Peter Weston, the agent, appeared on behalf of the applicant and gave a brief submission regarding the request. A letter of support was received from Smart Centres, Attention of Paula Bustard, 700 Applewood Crescent, Vaughan, Ontario, L4K 5X3. Originally Mr. Latif Fazel, c/o Liberty Development Corporation, 505 Highway #7E, Suite 303, Thornhill, Ontario, L3T 7T1, did not support the application. However, on February 5, 2008, Mr. Fazel submitted a letter of support, having reviewed revised plans. He also made a written request to receive a copy of the decision. A petition was rejected as it did not meet acceptable submission requirements. A parking study was received on January 25, 2008, from Paradigm Transportation Solutions Limited, 2109 Kerns Road, Burlington, Ontario, L7P 1P7. There were no comments/objections from any Departments or Agencies. Page 2 of 14

3 (Previously adjourned from the December 13, 2007 and January 17, 2008 Meetings) 1. FILE NO.: A405/07 BETH CHABAD ISRAELI COMMUNITY CENTRE THAT Application No A405/07 - BETH CHABAD ISRAELI COMMUNITY CENTRE, be APPROVED, in accordance with the sketch attached. Please note that L. Fluxgold, returned to the Council Chambers at this time. (Previously adjourned from the January 17, 2008 Meeting) 2. FILE NO.: A014/08 GIOVANNI (JOHN) COSTA Part of Lot 18, Conc. 8, (Lot 37, Registered Plan No. 65M-3344, municipally known as 40 Julia Valentina Avenue, Woodbridge. The subject lands are zoned RV3, Residential under By-Law 1-88 as amended and further subject to exception 9(988). The purpose of this application is to request a variance to permit the continued construction of a rear yard addition with wooden deck above, and an existing shed, in the rear yard of an existing two storey single family detached dwelling, notwithstanding, the proposed changes to the existing By-Law & current By-Law requirements are as follows: Proposal 1. A minimum rear yard setback of 7m to the house addition with a deck above. By-Law Requirements 1. A minimum rear yard setback of 10m to the house addition with a deck above. John Costa, the applicant, appeared on his own behalf. On December 4, 2007 a petition in support was received from the following people: F & G Galati, 16 Julia Valentina Avenue, Woodbridge, Ontario, L4H 1Y9; A. Ayers, and John Oracle, 20 Julia Valentina Avenue, Woodbridge, Ontario, L4H 1Y9; S and T Petratos, 32 Julia Valentina Avenue, Woodbridge, Ontario, L4H 1Y9; David Docherty 36 Julia Valentina Avenue, Woodbridge, Ontario, L4H 1Y9; M and S Scarmozzino, 44 Julia Valentina Avenue, Woodbridge, Ontario, L4H 1Y9; R and L Uberti 48 Julia Valentina Avenue, Woodbridge, Ontario, L4H 1Y9; Lory and Nick Dominelli 52 Julia Valentina Avenue, Woodbridge, Ontario, L4H 1Y9; Robert Rocco 60 Julia Valentina Avenue, Woodbridge, Ontario, L4H 1Y9; J. Audino, 66 Julia Valentina Avenue, Woodbridge, Ontario, L4H 1Y9. 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 appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will be maintained. THAT Application No. A014/08 - JOHN COSTA, be APPROVED, in accordance with the sketch attached. Page 3 of 14

4 (Previously adjourned from the January 31, 2008 Meeting) 3. FILE NO.: A029/08 PAUL AND PAM LITMAN Part of Lot 34, Concession 1, (Lot 69, Registered Plan No. 65M-3195, municipally known as 180 Flamingo Road, Thornhill.) The subject lands are zoned R1, Residential Zone One and subject to the provisions of Exception 9(972) under By-law 1-88 as amended. During the applicant s submission, it was agreed to amend the application, sketches and the Notice of Application by amending the following; 1. To permit an accessory structure (pool cabana) with a building height of 3.66 metres. NOT 1. To permit an accessory structure (pool cabana) with a building height of 3.96 metres. THEREFORE, the applicants are requesting a variance to permit the maintenance of a rear yard pool cabana, notwithstanding, the proposed changes to the existing By-Law & current By-Law requirements are as follows: 1. To permit an accessory structure (pool cabana) with a building height of 3.66 metres. 1. A maximum building height of 2.5 metres is permitted for an accessory structure (pool cabana). Allon Hollander, the agent, appeared on behalf of the applicant. During discussions between Mr. Hollander, the Committee and the Building Department staff, it was agreed to reduce the height of the structure (shed) to 3.66m. There were no NEW submissions regarding this application from the public. In response to the Committee s request to have the Engineering Department do an onsite visit at the last hearing. The Engineering Department commented by written submission, that due to poor weather conditions an onsite visit was not possible. They referred to a previously conducted onsite visit from September 28, 2007 and concluded that the shed at 180 Flamingo Road did not appear to be causing water leakage onto 186 Flamingo Road lot. There were no other comments/objections from any Departments or Agencies. Previously documented: On January 31, 2008 Rick Shapiro & Marcia Caplan, 186 Flamingo Rd., Thornhill, Ontario, L4J 8L6, hand delivered an objection letter, photographs and the request for the Notice of Decision. The Committee is of the opinion that the variance sought, can be considered minor and is desirable THAT Application No A029/08 - PAUL & PAM LITMAN, be APPROVED, AS AMENDED, in accordance with the sketch attached. Page 4 of 14

5 4. FILE NO.: A032/08 JOHN GIARDULLO Part of Lot 27, Concession 5, (Lot 3, Registered Plan No. 65M-3598, municipally known as 61 Rocmary Place, Woodbridge). The subject lands are zoned RR, under By-Law 1-88 as amended and further subject to Exception 9(1133). The purpose of this application is to request variances to permit the construction of a storage garage and a pool cabana in the rear yard of an existing one storey single family dwelling, notwithstanding, the proposed changes to the existing By-Law & current By-Law requirements are as follows: 1. Maximum lot coverage 10.51% 2. Maximum g.f.a. for accessory structures m 2 3. Maximum building height to the peak for cabana 5.72m 4. Maximum building height of garage 3.9m to eave 8.0m to peak 1. Maximum lot coverage 10% 2. Maximum g.f.a. for accessory structures 67m 2 3. & 4. Maximum building height for accessory structures 3.0m to the eave and 4.5m to the peak John Giardullo, the applicant, appeared on his own behalf. There were no comments/objections from any Departments or Agencies. THAT Application No. A032/08 - JOHN GIARDULLO, be APPROVED, in accordance with the sketches attached; 5. FILE NO.: A033/ ONTARIO LTD., Part of Lot 4, Concession 6, (Part of Lot 3, & Lot 4, Registered Plan No. 65M-2167, municipally known as 7611 Pine Valley Drive, Unit 11, Woodbridge). The subject lands are zoned C7, under By-Law 1-88 as amended and further subject to Exception 9(864). The purpose of this application is to request a variance to permit the construction of a proposed second storey within an existing one storey commercial building, notwithstanding, the proposed changes to the existing By-Law & current By-Law requirements are as follows: 1. Minimum parking spaces provided Minimum parking spaces required 362 Page 5 of 14

6 5. FILE NO.: A033/ ONTARIO LTD., Other Planning Act Applications The land which is the subject in this application is also the subject of an application under the Planning Act for: Consent Applications Files B65/02, B66/02 APPROVED Oct. 24/02, creation of new lot and easement for sanitary, storm and water services. Minor Variance File A239/04 APPROVED Aug. 5/ not 280 min parking spaces File A360//05 APPROVED. Dec. 8/ not 284 min parking spaces (Unit 12) File A039//06 APPROVED - Mar. 22/ not 291 min parking spaces (Unit 36) File A059//06 APPROVED - Mar. 22/ not 299 min parking spaces (Unit 19) File A062//06 APPROVED - Mar. 22/ not 307 min parking spaces (Unit 13) File A075//06 APPROVED - Mar. 22/ not 315 min parking spaces (Unit 7) File A160//06 APPROVED Apr 10/ not 331 min parking spaces (Unit 10) File A295/06 APPROVED Jul 20/ not 339 min parking spaces (Unit 9) File A424/06 APPROVED Oct. 26/ not 346 min parking spaces (Unit 31) File A433/06 APPROVED Oct. 26/ not 354 min parking spaces (Unit 17) Zoning Application File Z Site Plan Amendment File DA Nunzio Bianchi, the agent, appeared on behalf of the applicant. There were no comments/objections from any Departments or Agencies. The Committee is of the opinion that the variance sought can be considered minor and is 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. THAT Application No. A033/ ONTARIO LTD., be APPROVED, in accordance with the sketch attached. 6. FILE NO.: A034/08 DEAN CONSTANTOPOULOS Part of Lot 15, Concession 2, (Lot 1, Registered Plan No. 65M-3685, municipally known as 56 Starwood Road, Thornhill). The subject lands are zoned RV4, Residential Urban Village Zone Four and subject to the provisions of Exception 9(1063) under By-law 1-88 as amended. The purpose of this application is to request a variance to permit the construction of a deck for a two storey single family detached dwelling, notwithstanding, the proposed changes to the existing By-Law & current By-Law requirements are as follows: 1. To permit a rear yard setback of 5.4 metres to a deck. 1. A minimum rear yard setback of 10.0 metres is required for all buildings and structures abutting lands zoned OS1. Dean Constantopoulos, the applicant, appeared on behalf of the applicant. There were no comments/objections from any Departments or Agencies and any conditions requested are listed below. Page 6 of 14

7 6. FILE NO.: A034/08 DEAN CONSTANTOPOULOS 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. THAT Application No. A034/08 - DEAN CONSTANTOPOULOS, be APPROVED, in accordance with the sketches attached, and subject to the following conditions; 1. That the applicant successfully obtain an Ontario Regulation 166/06 permit from the TRCA for the proposed deck, prior to the issuance of a municipal building permit, 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 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.) 7. FILE NO.: A035/08 JANE-FOUR DEVELOPMENTS INC. Part of Lot 12, Concession 4, (Block 11, Registered Plan 65M-2601, municipally known as 8701 Jane Street, Units #1 & #2, Maple). The subject lands are zoned EM1, Prestige Employment Area under By-law 1-88 as amended. The applicant is requesting variances to permit the maintenance of an existing two-storey industrial warehouse containing showroom (retail) and office uses, notwithstanding, the proposed changes to the existing By-Law & current By-Law requirements are as follows: 1. Maximum Showroom (retail) area = m 2 2. Maximum combined retail and office use = 61% 3. Minimum number of parking spaces = Maximum Showroom (retail) area = 930m 2 2. Maximum combined retail and office use = 49% 3. Minimum number of parking spaces = 90 Jane Pepino, the agent, appeared on behalf of the applicant. A request for decision was received from M. Losier, 1155 Barmac St 2B, Weston Ontario M9L 3X4. The Building Standard Department made the following written comments: A building permit must be issued for the changes to the interior of the building other than those authorized under Permits , , and There were no other comments/objections from any Departments or Agencies and any conditions requested are listed below. Page 7 of 14

8 7. FILE NO.: A035/08 JANE-FOUR DEVELOPMENTS INC. THAT Application No A035/08, JANE-FOUR DEVELOPMENTS INC., be APPROVED, in accordance with the sketch attached and subject to the following conditions: 1. That a building permit must be issued for the changes to the interior of the building other than those authorized under Permits , , and , if required, to the satisfaction of the Building Standards Department; 2. That if the conditions 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.). 8. FILE NO.: A036/08 SYM PROPERTIES LTD., Part of Lot 12, Concession 5, (Blocks 5 & 6, Registered Plan No. 65M-2854, municipally known as 830 Edgeley Blvd., Concord.) The subject lands are zoned EM1, Prestige Employment Area under By-law 1-88 as amended. The applicant is requesting variances to permit the expansion to an existing mezzanine for office and warehouse use, within a combined one and two storey building, notwithstanding, the proposed changes to the existing By-Law & current By-Law requirements are as follows: 1. Minimum parking spaces for office use = Minimum parking spaces for warehouse use = Required parking for office use (2306.2m 2/100m 2 g.f.a.) = Required parking for warehouse use (4054.1m 1.5/100m 2 g.f.a.) = 61 Dick Toet, the agent, appeared on behalf of the applicant. The Engineering Department made the following written comments: The Engineering Department cannot support this application due to the fact that deficiency in parking is 27.6%. The Planning Dept. has to determine for a parking study requirement for subject development. There were no other comments/objections from any Departments or Agencies and any conditions requested are listed below. THAT Application No A036/08 - SYM PROPERTIES LTD., be APPROVED, in accordance with the sketch attached. Page 8 of 14

9 9. FILE NO.: A037/08 HEATHERWOOD PROPERTIES INC. Part of Lot 15, Concession 2, (Block 91, Registered Plan 65M-3686, municipally known as 1101 Rutherford Road, Woodbridge). 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 a variance to the use of Units 10 and 11 (Karate School) within an existing one-storey commercial plaza, notwithstanding, the proposed changes to the existing By- Law & current By-Law requirements are as follows: 1) To permit the use of Club or Health Centre in a C3, Local Commercial zone. 1) Club or Heath Centre is not a permitted use within a C3,Local Commercial zone. Murray Evans, the agent, appeared on behalf of the applicant. The Building Standards Department made the following written comments: A building permit has not been issued for the use. 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 appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will be maintained. THAT Application No A037/08, HEATHERWOOD PROPERTIES INC., be APPROVED, in accordance with the sketch attached 10. FILE NO.: A038/08 GIUSEPPE FAILLA Part of Lot 16, Concession 8, (Lot 50, Registered Plan No. 65M-3620, municipally known as 102 Diploma Ave., Woodbridge.) The subject lands are zoned RV4, Residential under By-Law 1-88 as amended and further subject to exception 9(988). The applicant is requesting variances to permit the continued construction of a rear yard storage shed, notwithstanding, the proposed changes to the existing By-Law & current By-Law requirements are as follows: 1) A minimum rear yard setback of 0.91m. 2) A maximum shed height of 3m. 3) A maximum shed area of 14.02m 2. 1) A minimum rear yard setback of 7.5m. 2) A maximum shed height of 2.5m. 3) A maximum shed area of 8m 2. Page 9 of 14

10 10. FILE NO.: A038/08 GIUSEPPE FAILLA Giuseppe Failla, the applicant, appeared on his own behalf Giuseppi (Joe) Perrotta, 15 Fanshore Drive, Woodbridge, Ontario, L4H 1T8, appeared in opposition to the request. During discussions between Mr. Failla, Mr. Perrotta, the Committee and City Staff, it was agreed to adjourn the application to the next meeting to give Mr. Failla an opportunity to meet with the Planning Department to discuss moving and reducing the size of the shed. There was no one else in attendance either in support of or in opposition to the request. A request for decision was received from Lucia and Giuseppi (Joe) Perrotta, 15 Fanshore Drive, Woodbridge, Ontario, L4H 1T8 The Development Planning Department made the following written comment: A site visit was conducted on January 31, 2008 which includes photo documentation of the existing shed. The following site conditions were noted. The subject lands are situated in the Sonoma Height Community, north of Rutherford Road and are currently occupied by a typical two-storey dwelling which was constructed approximately 5 years ago. The rear yards of the properties on the west side of Diploma Avenue are still open as no fences have been constructed to divide properties. The applicant has advised this Department that the rear yards will be fenced in this year with wood fencing. The applicant has constructed a rear yard garden shed which is considered to be too large and too close to the rear property line given its size. The Development Planning Department has supported sheds with similar setbacks and height increases in the past, however not for a structure this large being situated in a typical community with modest sized rear yards. The Development Planning Department considers the structure to be too large and too close to the rear property line and is of the opinion the applicant could accommodate a more appropriate structure through alternative design and landscaping which is more appropriate in scale and character with the surrounding residential uses. Additionally, the Engineering Department has identified that the existing garden shed has been constructed almost entirely within a 5m tree preservation zone (Grading Plan, EMC Group Limited, Dated Dec 20, 2006). It was noted during the site visit that there is a significant line of mature trees along the rear property line of all the properties north of the subject lands, including 2 mature trees between the garden shed and the property line on the applicant s property. The above-noted variances are not considered to be minor in nature, are not compatible with the surrounding uses, and are not appropriate for the existing development of the subject lands. On this basis, the Development Planning Department does not support Minor Variance Application A038/08. The Building Standards Department made the following written comment: A building permit is required to maintain the shed. The Engineering Department made the following written comment: 5.0m Tree preservation zone in the back yard of the subject property. There were no other comments/objections from any Departments or Agencies and any conditions requested are listed below. THAT Application No A038/08 - GIUSEPPE FAILLA., be ADJOURNED: TO FEB. 28, 2008 to allow the applicant an opportunity of meet with the Planning Department to discuss the new location and the reduction of the size of the shed. Page 10 of 14

11 11. FILE NOS.: A038/08 to A041/08 to IVY GLEN DEVELOPMENTS INC. 13. Part of Lot 19, Concession 3, (Lots 67, 1, 14, Draft Plan of Subdivision 19T-00V14, located at Ivy Glen Dr., (lot 67,) Golden Orchard Rd.,(lot 1), and Lauderdale Dr.,(lot 14), Maple.) S A039/08 - The subject lands are zoned RD3, Residential, subject to Exception 9(1230) under Bylaw1-88 as amended. A040/08, A041/08 - The subject lands are zoned RD4, Residential, subject to Exception 9(1230) under By-law 1-88 as amended. The applicant is requesting variances to permit the construction of two storey single family detached dwellings with attached garages, notwithstanding, the proposed changes to the existing By-Law & current By-Law requirements are as follows: A039/08 - Rear yard setback of 7.08m. Rear yard setback of 7.5m. A040/08, A041/08 - Exterior side yard setback of 4.15m. Exterior side yard setback of 4.5m. There was no one present to represent the applicant. There were no comments/objections from any Departments or Agencies. THAT Application Nos A039/08, A040/08, A041/08 IVY GLEN DEVELOPMENTS INC., be APPROVED, in accordance with the sketches attached. 14. FILE NO.: A042/08 ANGELO AND JOYELLA PIERRO Part of Lot 19, Concession 4, (Lot 210, Plan No. M-5590, municipally known as 46 Lancer Drive, Maple.) The subject lands are zoned R1V, Old Village Residential Zone under By-law 1-88 as amended. The applicants are requesting variances to permit the construction of a two storey single family detached dwelling, with attached garage, notwithstanding, the proposed changes to the existing By- Law & current By-Law requirements are as follows: 1. To permit a lot coverage of 23.0 %. 2. To permit a building height of 10.5 metres. 1. A maximum lot coverage of 20.0 % is permitted. 2. A maximum building height of 9.5 metres is permitted. Note: The existing one storey dwelling to be demolished. Page 11 of 14

12 14. FILE NO.: A042/08 ANGELO AND JOYELLA PIERRO Angelo Pierro, the applicant, appeared on his own behalf. Mr. Gerry Schiller, 48 Lancer Drive, Maple, Ontario, L6A 1C9, appeared in opposition to the request. There was no one else in attendance either in support of or in opposition to the request. Discussions took place between Mr. Pierro, Mr. Schiller, the Committee and City Staff. A request for decision was received from Mr. Gerry Schiller, 48 Lancer Drive, Maple, Ontario, L6A 1C9. Letters of opposition were received from the following people: Joan Saunders, 28 Gosling Road, Maple, Ontario, L6A 1E2; David and Jeane Gedde, 30 Gosling Road, Maple, Ontario, L6A 1E2 and Mr. Gerry Schiller, 48 Lancer Drive, Maple, Ontario, L6A 1C9. Mr. Schiller submitted photographs with his letter. There were no comments/objections from any Departments or Agencies. THAT Application No A042/08 - ANGELO & JOYELLA PIERRO, be APPROVED, in accordance with the sketch attached. 15. FILE NO.: A043/08 JOHNNY ANTHONY AND LINDA CHRISTINE CHIARELLI Part of Lot 27, Concession 3, (Lot 74, Registered Plan 65M Municipally known as 239 Athabasca Drive, Maple). The subject lands are zoned R1, Residential Zone One and subject to the provisions of Exception Number 9(948) under By-Law 1-88 as amended. The applicant is requesting variances to permit the construction of a proposed one-storey rear yard pool house and equipment shed, 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 1.5 metres to the pool house / equipment shed. 1) A minimum rear yard setback of 9.5 metres is required to the pool house / equipment shed. 2) To permit a maximum building height of 4.5 metres for the pool house / equipment shed. Both Mr. and Mrs. Chiarelli, the applicants appeared on their own behalf. 2) A maximum building height of 2.5 meters is permitted from the finished grade to the highest point of the structure, for the pool house / equipment shed. The Building Standards Department made the following written comments: A building permit has not been issued but will be required. Also note that the nearest part of the roof shall not be more than three (3) metres above finished grade. There were no other comments/objections from any Departments or Agencies. Page 12 of 14

13 15. FILE NO.: A043/08 JOHNNY ANTHONY AND LINDA CHRISTINE CHIARELLI THAT Application No A043/08, JOHNNY ANTHONY & LINDA CHRISTINE CHIARELLI, be APPROVED, in accordance with the sketch attached 16. FILE NO.: A044/08 FRANCO AND MARY EGIZII Part of Lot 15, Concession 3, (Lot 18, Registered Plan 65M Municipally known as 60 Arbourview Drive, Maple). The subject lands are zoned RVM1 (WS-B), Residential Urban Village Multiple Dwelling Zone One and subject to the provisions of Exception 9(1039) under By-law 1-88 as amended. The applicant is requesting variances to permit the construction of a proposed rear yard canopy and maintenance of an existing air conditioning unit in the side yard of an existing two-storey single family detached dwelling, notwithstanding, the proposed changes to the existing By-Law & current By-Law requirements are as follows: 1. To permit a side yard setback of 0.85 metres to an a/c unit. 2. To permit a rear yard setback of 4.40 metres to a canopy. 1. A minimum side yard setback of 1.2 metres to an a/c unit is required. 2. A minimum rear yard setback of 6.0 metres to a canopy is required. Both Franco and Mary Egizii, the applicants, appeared on their own behalf. Michael Durante, 120 Westway Crescent, Concord, Ontario L3K 5L9, appeared in opposition to the request. Ms. Carmen Wilkes, 116 Westway Crescent, Concord, Ontario L3K 5L9, appeared with concerns and requested clarification of the application There were discussions that took place with the Committee, Mr. and Mrs. Egizii, and Mr. Durante. There was no one else in attendance either in support of or in opposition to the request. Letters of objection were received from Michael Durante, 120 Westway Crescent, Concord, Ontario L3K 5L9 along with a request to received the decision. Letters of concern as well as requests for decisions were received from Sean Woodworth, 119 Westway Crescent, Concord, Ontario L3K 5L9 and Carmen Wilkes, Daisy Wilkes and Rita Samuels of 116 Westway Crescent, Concord, Ontario L3K 5L9. The Building Standards Department made the following written comments: The By-law does not have a provision for maximum lot coverage in this zone. There were no other comments/objections from any Departments or Agencies and any conditions requested are listed below. Page 13 of 14

14 16. FILE NO.: A044/08 FRANCO AND MARY EGIZII THAT Application No A044/08, FRANCO AND MARY EGIZII, be APPROVED, in accordance with the sketch attached OTHER BUSINESS NONE MOTION TO ADJOURN THAT the meeting of Committee of Adjustment be adjourned at 7:05 p.m., and the next regular meeting will be held on THURSDAY, FEBRUARY 28, Page 14 of 14