The Minutes of the 11th Meeting of the Vaughan Committee of Adjustment for the year 2002 WEDNESDAY, JUNE 5, :10p.m.

Transcription

1 The Minutes of the 11th Meeting of the Vaughan Committee of Adjustment for the year 2002 WEDNESDAY, JUNE 5, 2002 Present at the meeting were: 6:10p.m. M. Mauti T. DeCicco L. Fluxgold K. Connell S. Perrella Members of Staff present: Dianne E.L. Grout, Secretary-Treasurer Cathy Schanck, Assistant to the Secretary-Treasurer Karen Antonio-Hadcock, Planner Margaret Sitarz, Plans Examiner INTRODUCTION OF ADDENDUM REPORTS Seconded by L. Fluxgold 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 L. Fluxgold THAT the minutes of the Committee of Adjustment Meeting of May 25, 2002, be adopted as circulated. CARRIED ADJOURNMENTS AND/OR DEFERRALS NONE. ADMINISTRATIVE CORRECTIONS NONE. Page 1 of 14

2 1. FILE NO: A168/02 ROBERTO & MARIA MORDINI (Previously adjourned from May 23, 2002 Meeting) Part of Lot 30, Concession 3, (Lot 125, Registered Plan 65M-3201, municipally known as 154 Nevada Crescent). The subject lands are zoned R1, Residential, subject to the provisions of Exception Number 9(949) under By-law 1-88 as amended. The purpose of this application is to request a variance to permit the maintenance of an existing shed/greenhouse, notwithstanding, the minimum rear yard setback to structure is 0.15m., rather than the By-law requires the minimum rear yard setback to be 9.5m and the interior side yard setback is 1.07m rather 1.5m. Written comments were received from the Community Planning Department: The applicant has applied for a variance to permit the maintenance of an existing shed/greenhouse. The accessory structure exceeds the height, gross floor area and setback requirements, as permitted by existing By-law Furthermore, it also exceeds the maximum permitted gross floor area and height, proposed in the new shed By-law to be enacted by Council. The Community Planning Department is of the opinion that the proposed variance is not minor in nature and therefore does not support Variance Application A168/02. Revised comments were received from the Toronto & Region Conservation Authority stating the following: Further to our May 16, 2002 letter, staff have received further information from the City of Vaughan that better enables TRCA staff to locate the subject property. The subject property does not back onto the OS1 zone. Furthermore, the property is not subject to Ontario Regulation 158, however it is located within Settlement Area as defined by the Oak Ridges Moraine Conservation Plan (ORMCP). The subject property is within 120 metres of a Key Natural Heritage Feature as defined ORMCP. A natural heritage evaluation is normally required for site alteration within 120 metres of a Key Natural Heritage Feature. However since the greenhouse/shed backs onto another Yard and does not abut the Key Natural Heritage Feature, TRCA staff have no objection to the subject application. Elisa Colarossi, the agent, appeared as the agent on behalf of the applicants and gave a brief submission regarding the request. During the agent s submission, it was advised the greenhouse portion had been removed, updated photos were submitted showing same, and a petition of support was also submitted to the Committee. The petition was signed by the following residents: Lynn Tiano, 187 Nevada Crescent, Maple, Ontario, L6A 2V4; Dennis Papaluca, 186 Nevada Crescent, Maple, Ontario, L6A 2V4; Tina Tremblay, 176 Nevada Crescent, Maple, Ontario, L6A 2V4; Pina Barbieri, 159 Nevada Crescent, Maple, Ontario, L6A 2V4; Carmelina Arcuri, 151 Nevada Crescent, Maple, Ontario, L6A 2V4; Franca Giovannon, 170 Nevada Crescent, Maple, Ontario, L6A 2V4; W. James Chalk, 67 Matterhorn Crescent, Maple, Ontario, L6A 2V5; P. Fernandes, 100 Nevada Crescent, Maple, Ontario, L6A 2V5; Julie Gilmore, 68 Nevada Crescent, Maple, Ontario, L6A 2V5; Shaylagh McLaren, 68 Nevada Crescent, Maple, Ontario, L6A 2V5; Franca Iuliano, 60 Nevada Crescent, Maple, Ontario, L6A 2V5; Nkechi Biosah, 42 Nevada Crescent, Maple, Ontario, L6A 2V5; Jerry & Carole Spanos, 52 Nevada Crescent, Maple, Ontario, L6A 2V5; Jack Muskin, 160 Nevada Crescent, Maple, Ontario, L6A 2V4; Frank Lupinacci, 146 Nevada Crescent, Maple, Ontario, L6A 2V4; Roberto Mordini, 154 Nevada Crescent, Maple, Ontario, L6A 2V4. Page 2 of 14

3 FILE NO: A168/02 - ROBERTO & MARIA MORDINI Cont d The Committee asked the Community Planning Department if it could now support the amended application. The Community Planning Department advised the applicant would need to provide a revised plan in order to make a more thorough review. Seconded by K.Connell THAT Application No. A168/02 ROBERTO & MARIA MORDINI, be STOOD DOWN to the end of the meeting. 2. FILE NO.: A173/02 ANNIE MADAPALLIMATTAM Part of Lot 24, Concession 5, (Part Lot 28, Registered Plan No. 65M-3268, municipally known as 48 Madeira Avenue, Maple), The subject lands are zoned RV4(WS), Residential Urban Village Zone Four, under By-law 1-88 as amended. The applicant is requesting a variance to permit the construction of an enclosed, unheated, sunroom addition at the rear of a two storey, single family detached dwelling, notwithstanding, the minimum rear yard setback will be 5.21m., rather than the By-law requires the minimum rear yard setback to be 6.0m. Vernon Gunness, appeared as the agent on behalf of the applicant and had nothing to add 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 MOVED by K. Connell Seconded by S. Perrella THAT Application No. A173/02 ANNIE MADAPALLIMATTAM, be APPROVED. Page 3 of 14

4 3. FILE NO: A174/02 VICTORIA DAMIANI Part of Lot 15, Concession 6, (Lot 5, Registered Plan 65M-3252, municipally known as 228 Deer Run Court, Woodbridge). The subject lands are zoned R1" Residential, subject to the provisions of Exception Number 9(901) under By-law 1-88 as amended. The purpose of the application is to request variances to permit the maintenance of a rear deck and front staircase to an existing one storey single family detached dwelling, with attached garage, notwithstanding, the minimum rear yard setback to the deck is 7.0m, minimum front yard setback to stairs is 3.8m, rather than the Bylaw requires minimum rear yard setback to deck of 10.0m, minimum front yard setback to stairs of 5.7m. George Damiani, the owner, appeared and had nothing to add to the requests. 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 Seconded by L. Fluxgold THAT Application No. A174/02 VICTORIA DAMIANI, be APPROVED. CARRIED 4. FILE NO: A175/02 MOHAMED ISMAIL & FADUMA ISSE Part of Lot 15, Concession 3, (Lot 114; Block 17, Registered Plan 65M-3367, municipally known as 9100 Dufferin Street). The subject lands are zoned RVM1(A) Residential Urban Village Multiple Dwelling Zone One (Street Townhouse) and subject to the provisions of Exception Number 9(1039) under By-law 1-88 as amended. The purpose of the application is to request a variance to permit the maintenance of a two storey townhouse dwelling, with a semi-detached laneway garage, notwithstanding, the interior garage width is 2.74m x 5,8m, rather than the By-law requires the minimum interior garage width of 3.0m x 5.8m. Written comments were received from the Community Planning Department: The applicants have applied for a variance to reduce the minimum interior size of their single-car garage from 3m to 2.74m. The interior garage width was not constructed in accordance with the approved Site Plan and Building Permit drawings which require a minimum interior width of 3m. The reduced interior width does not allow sufficient space within the garages to accommodate the opening of vehicle doors, particularly larger vehicles. The functional interior garage width is 3m. Accordingly, Staff cannot support the variances being requested. Page 4 of 14

5 FILE NO: A175/02 - MOHAMED ISMAIL & FADUMA ISSE Cont d Clement Messere, appeared as the agent, and had nothing to add to the request. There were no objections from any Departments or Agencies, and any conditions are listed below. The Committee is of the opinion that the variance sought can be considered minor and is MOVED by T. De Cicco Seconded by K. Connell THAT Application No. A175/02 MOHAMED ISMAIL & FADUMA ISSE, be APPROVED, subject to the following conditions: 1. That the applicant obtain a revision permit depicting the reduced interior garage width, if required, to the satisfaction of the Building Standards Department; 2. That if the condition listed above is not fulfilled within (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. 5. FILE NO.: A176/02 RANGEBURY ESTATES INC. Part of Lot 18, Concession 4, (Lot 80, Draft Plan of Subdivision 19T-98V17; municipally known as 88 Norwood Avenue, Maple). The subject lands are zoned RV4 Residential Urban Village Four and subject to the provisions of Exception Number 9 (1096) under By-law 1-88 as amended. The purpose of the application is to request a variance to permit the construction of a two storey single family detached dwelling, with attached garage, notwithstanding, the minimum exterior side yard setback will be 1.98m, rather than the By-law requires the minimum exterior side yard setback of 2.40m. Tony Simonelli, the agent, appeared and had nothing to add to the request. There were no other objections from any Departments or Agencies. The Committee is of the opinion that the variance sought can be considered minor and is MOVED by K. Connell Seconded by S. Perrella THAT Application No. A176/02 RANGEBURY ESTATES INS., be APPROVED. Page 5 of 14

6 6. FILE NO.: A177/02 THE CORPORATION OF THE CITY OF VAUGHAN Part of Lot 31, Concession 1, (municipally known as 26 Old Yonge Street). The subject lands are zoned OS2, Open Space Park and subject to the provisions of By-law 1-88 as amended. The purpose of the application is to request a variance to permit the construction of a Proposed one storey clubhouse for the Thornhill Tennis Club, notwithstanding, the minimum front yard setback will be 7.2m, rather than the By-law requires the minimum front yard setback to be 15.0m. A letter of opposition was received on behalf of Mrs. K. Louisa Keith, 7780 Yonge Street,, L3J 1W3, noting the proposed structure would further narrow the road and disturbing everyone s vista. Nino Rico, the agent, appeared and advised he was aware of the above opposition letter. With the aid of a site plan, Mr. Rico stated he felt the concerns would be addressed with adequate screening. The Committee suggested that the application be adjourned in order for the Committee to do a site visit. Robert Stitt, 18 Mill Street,, L4J 8C5, appeared with concerns and was advised by the Committee that the application would be adjourned to the June 20, 2002 meeting. MOVED by L. Fluxgold Seconded by S. Perrella THAT Application No. A177/02 - THE CORPORATION OF THE CITY OF VAUGHAN, be ADJOURNED to the June 20, 2002 Meeting, to enable the Committee of Adjustment to make a site visit. 7. FILE NO: A178/02 MARCELO & MARCELA DONATO Part of Lot 33, Concession 1, (Lot 41,Plan M-3765, municipally known as 7 Helen Avenue, Thornhill). The subject lands are zoned R1 Residential subject to the provisions of Exception Number 9(563) under By-law 1-88 as amended. The purpose of the application is to request variances to permit the maintenance of an existing two storey single family detached dwelling, with attached garage, notwithstanding, the minimum front yard setback is 9.14m, the total of both side yards have a minimum of 5.88m, rather than the By-law requires the minimum front yard setback of 10.37m (existing front yard setback 11.53m 10%) and minimum total of both side yards shall be not less than 6.0m. Page 6 of 14

7 FILE NO: A178/02 - MARCELO & MARCELA DONATO Cont d A fax was received on June 5, 2002 from Domenic Rotundo, the agent, advising that he would be late attending the meeting and that he did not wish to have this item deferred until the next Committee meeting. 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 MOVED by L. Fluxgold Seconded by K. Connell THAT Application No. A178/02 MARCELO & MARCELA DONATO, be APPROVED. 8. FILE NO: A179/ ONTARIO INC. Part of Lot 5, Concession 6, (Lot 1, Registered Plan No. 65M-2339, municipally known as 7520 Weston Road, Unit A, Woodbridge). The subject lands are zoned C7 Service Commercial under By-law 1-88 as amended. The purpose of the application is to request variances to permit the construction of an outdoor patio for Unit A, (Baton Rouge Restaurant), to an existing one storey building in a multi unit area, notwithstanding, the proposed minimum landscape strip abutting a street will be 1.2m, and the minimum parking provided will be 211 spaces, rather than the By-law requires the minimum landscape strip abutting a street to be 6.0m, and the minimum parking required to be 269 spaces. Anthony Varvaris, the agent, appeared on behalf of the applicant and had nothing to add to the requests. The Committee asked Mr. Varvaris if he had reviewed the draft conditions and was he in agreement with them, to which Mr. Varvaris stated yes. There were no objections from any Departments or Agencies, and any conditions are listed below. Page 7 of 14

8 FILE NO: A179/ ONTARIO INC. Cont d The Committee is of the opinion that the variances sought can be considered minor and are Seconded by L. Fluxgold THAT Application No. A179/ ONTARIO INC., be APPROVED, subject to the following conditions: 1. That a building permit be obtained, if required, to the satisfaction of the Building Standards Department; 2. That the applicant amend Site Plan Agreement DA , if required, to the satisfaction of the Building Standards Department; 3. That if the conditions listed above are not fulfilled 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. 9. FILE NO: A180/02 PHIL LANNI Part of Lot 13, Concession 6, (Part 1, Reference Plan 65R-9576, municipally known as 235 Pine Valley Crescent). The subject lands are zoned RR Rural Residential under By-law 1-88 as amended. The purpose of the application is to request variances to permit the construction of a garage, a one storey and a portion 1 ½ storey (loft) addition to an existing one storey single family detached dwelling, with attached garage, notwithstanding, the minimum front yard setback will be 13.43m, minimum exterior yard setback will be 8.50m, and maximum lot coverage will be 17.01%, rather than the By-law requires the minimum front yard setback of 15.0m, minimum exterior yard setback of 9.0m, and maximum lot coverage of 10%. Written comments were received from the Community Planning Department: The Community Planning Department can support the requested variances to the minimum front yard setback, as well as the exterior side yard setback. However, Staff cannot support the requested lot coverage variance of 17%. The variance represents a 70% increase over the by-law standard of 10%. This department does not support Variance Application A180/02. Vincent Baffa, the agent, appeared, and had nothing to add to the requests. There were no objections from any Departments or Agencies, and any conditions are listed below. Page 8 of 14

9 FILE NO: A180/02 PHIL LANNI Cont d The Committee is of the opinion that the variances sought can be considered minor and are MOVED by T. De Cicco Seconded by S. Perrella THAT Application No. A180/02 PHIL LANNI, be APPROVED, subject to the following conditions: 1. That the applicant obtain a building permit, if required, to the satisfaction of the Building Standards Department; 2. That if the condition listed above is not fulfilled within (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. 10. to 25. FILE NOS: A187/02 to A202/02 LAKEVIEW HOMES (MAPLE HIGHLANDS) Part of Lot 30, Concession 3 (Lots 33,34,47,61-63, 68,74-78, , Registered Plan 65M-3556, municipally known as 77,81,137,15,19, 21,55,20,16,10 6 and 2 Bestview Crescent AND 12,18,22 & 26 Beaverbrook Crescent, all respectively). A187/02-A190/02, A193/02 & A195/02-A200/02- The subject lands are zoned RV4, Residential Urban Village Multiple Zone Four, subject to the provisions of Exception Number 9(946) as amended. A191/02 & A192/02 - The subject lands are zoned RVM1(WS-B), Residential Urban Village Multiple Zone One, subject to the provisions of Exception Number 9(946) as amended. A194/02, A201/02 & A202/02 - The subject lands are zoned RVM1(B), Residential Urban Village Multiple Zone One, subject to the provisions of Exception Number 9(946) as amended. The purpose of these applications is to request variances to permit the construction of proposed two-storey single family detached dwellings with the garage attached, notwithstanding, there will be two (2) parking spaces provided per dwelling unit (1 in the garage and 1 on the driveway), rather than the By-law requires there to be three (3) parking spaces provided per dwelling unit. Frank Palombi, the agent, appeared and advised that he did not believe there would be any other applications for the project. There were no objections from any Departments or Agencies. Page 9 of 14

10 FILE NOS: A187/02 to A202/02 - LAKEVIEW HOMES (MAPLE HIGHLANDS) Cont d The Committee is of the opinion that the variances sought can be considered minor and are Seconded by L. Fluxgold THAT Application Nos. A187/02 to A202/02 - LAKEVIEW HOMES (MAPLE HIGHLANDS) be APPROVED. 26. FILE NO: A203/02 GIOVANNI & ANGELINA VILLANO Part of Lot 6, Concession 7, ( Lot 8 & Part of Lot 9, Registered Plan No. 2524, municipally known as 38 Abell Avenue, Woodbridge). The subject lands are zoned R3, Residential Zone, subject to By-law 1-88 as amended. The purpose of this application is to request a variance to permit the maintenance of a one storey, single detached dwelling, notwithstanding, the interior side yard setback equals 3.0m for a dwelling erected without an attached garage or carport, rather than the By-law requires minimum interior side yard setback equals 1.2m except where a single family detached dwelling is erected without an attached garage or carport, the minimum side yard requirements of one interior yard be 4.5m, or the front yard shall be a minimum of 11m. Letters of support were received from the following residents: Dave Mackay, 7895 Kipling Avenue, Woodbridge, Ontario, L4L 1Z7, and Ron Harrison, 32 Abell Avenue, Woodbridge, Ontario, L4L 1B8, and Bruce Gould, 28 Abell Avenue, Woodbridge, L4L 1B8. Pino Villano, the agent, appeared and had nothing to add 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 Seconded by L. Fluxgold THAT Application No. A203/02 - GIOVANNI & ANGELINA VILLANO. be APPROVED. 27. FILE NO: A204/02 RIOCAN HOLDINGS INC. Page 10 of 14

11 Part of Lot 6, Concession 2, (Part 1, reference Plan 65R-11604, municipally known as 1054 Centre Street, Thornhill). The subject and retained lands are zoned C2, General Commercial and subject to the provisions of Exception Number 9(836) under By-law 1-88 as amended. The purpose of this application is to request a variance to permit the construction of an outdoor patio for a proposed one storey commercial building, (Kelsey s Restaurant), notwithstanding, the minimum landscape strip will be 0.7 metres, rather than the By-law requires the minimum landscape strip to be 6.0 metres along a lot line which abuts a street line. Letters of opposition were received from Sheldon Abramovitch, 133 Katerina Avenue,, L4J 8H3, and Marcos Rogovsky, 1 Malka Gate,, L4J 8H4, stating concerns of high traffic and safety issues related. A fax in opposition was received June 4, 2002, and signed by the following residents: Marion State 132 Thornway Ave Barbara Shendale 130 Thornway Ave Ruth & Abe Beer 124 Thornway Ave Donna Wilder 136 Thornway Ave David Aron 140 Thornway Ave Wai Ping Ng 14 Lancer Drive Maple, Ontario L6A 1E4 A204/02 Galina Vogman 148 Thornway Ave Alex Nevo 152 Thornway Ave Ventoria Nesbeth 160 Thornway Ave Nina Vays 158 Thornway Ave Gail Copeland 145 Thornway Ave Osnat Tzadok 143 Thornway Ave Sandy Moshenberg 135 Thornway Ave Mark Allen 137 Thornway Ave Barbara Fisher 134 Thornway Ave FILE NO: A204/02 - RIOCAN HOLDINGS INC. Cont d Page 11 of 14

12 Leon Lubelski, 1 Promenade Circle, Suite 307A,, L4J 4P8, appeared as the agent. Leon stated he was aware of the opposition letters and that the concerns of noise were being addressed with the design of the building being the buffer screen from the residents. He continued stating the parking issue was being addressed reducing the parking spaces and with a landscape screen as well. Mr. Lubelski submitted photos of a similar project in Ancaster and advised the Committee that there would be 40 seats in the patio area. There were no objections from any Departments or Agencies, and any conditions are listed below. The Committee is of the opinion that the variance sought can be considered minor and is MOVED by T. De Cicco Seconded by K. Connell THAT Application No. A204/02 RIOCAN HOLDINGS INC., be APPROVED, subject to the following conditions: 1. That a building permit be obtained, if required, to the satisfaction of the Building Standards Department; 2. That Site Plan Application (File DA ) be approved, if required, to the satisfaction of the Community Planning Department; 3. That if the conditions listed above are not fulfilled 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. 28. FILE NO: A205/02 TONY SMERIGLIO Part of Lot 15, Concession 6, (Lot 7, Registered Plan No. 65M-3310, municipally known as 217 Kimber Crescent, Woodbridge). The subject lands are zoned R1 Residential under By-law 1-88 as amended. The purpose of the application is to request a variance to permit the construction of a two storey single family detached dwelling, with attached garage, notwithstanding, the maximum lot coverage will be 36.5%, rather than the By-law requires maximum lot coverage of 35%. FILE NO: A205/02 - TONY SMERIGLIO Cont d Tony Smeriglio, the owner, appeared and had nothing to add to the request. Page 12 of 14

13 There were no objections from any Departments or Agencies, and any conditions are listed below. The Committee is of the opinion that the variance sought can be considered minor and is MOVED by T. De Cicco Seconded by S. Perrella THAT Application No. A205/02 TONY SMERIGLIO, be APPROVED, subject to the following conditions: 1. The applicant obtain a building permit, if required, to the satisfaction of the Building Standards Department; 2. That if the condition listed above is not fulfilled within (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. 29. FILE NO: A206/02 MAPLE COUNTRY PROPERTIES Part of Lot 30, Concession 3, (Lot 31, Part of Block 376, Registered Plan 65M-3556, municipally known as 76 Lodgeway Drive, Maple). The subject lands are zoned RVM1(A), Residential Urban Village Multiple Zone One, subject to the provisions of Exception Number 9(946) as amended. The purpose of the application is to request a variance to permit the maintenance of a two storey townhouse unit, with attached garage, notwithstanding, the exterior side yard is 1.9m, rather than the By-law requires exterior side yard setback of 2.4m. Tony Rinomato Jr., the agent, appeared and had nothing to add 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 Seconded by L. Fluxgold THAT Application No. A206/02 MAPLE COUNTRY PROPERTIES, be APPROVED. At this time the Committee recalled Item # A168/02 ROBERTO & MARIA MORDINI which was STOOD DOWN earlier. Page 13 of 14

14 FILE NO: A168/02 ROBERTO & MARIA MORDINI The Committee decided to adjourn the application to permit the applicant to provide the Community Planning Department with an amended sketch, and for the Community Planning Department to then provide the Committee of Adjustment with revised comments. Seconded by K. Connell THAT Application No. A168/02 ROBERTO & MARIA MORDINI, be ADJOURNED to the June 20, 2002 Meeting. OTHER BUSINESS None. MOTION TO ADJOURN Seconded by K. Connell THAT the meeting of Committee of Adjustment be adjourned at 6:45 p.m., and the next regular meeting will be held on JULY 18, Page 14 of 14