The Minutes of the 13 TH Meeting of the Vaughan Committee of Adjustment for the year 2005 THURSDAY, JULY 7, :00p.m.

Transcription

1 The Minutes of the 13 TH Meeting of the Vaughan Committee of Adjustment for the year 2005 THURSDAY, JULY 7, 2005 Present at the meeting were: 6:00p.m. T. DeCicco D. H. Kang M. S. Panicali Members of Staff present: Anne Markovsky, Assistant to the Secretary-Treasurer Lenore Providence, Assistant to the Secretary-Treasurer Stephen Lue, Planner Christina Napoli, Planner Gregory Seganfreddo, Plans Examiner Francesco Morea, Plans Examiner INTRODUCTION OF ADDENDUM REPORTS MOVED M. S. Panicali 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 M. S. Panicali, declared a conflict of interest with respect to Item# s 6 and 7, being File Nos B032/05 and A152/05, CANADA INC., as the applicant is also his clients. ADOPTION OR CORRECTION OF MINUTES MOVED by D. H. Kang Seconded by T. DeCicco THAT the minutes of the Committee of Adjustment Meeting of Thursday, JUNE 23, 2005, be adopted as circulated. CARRIED It should be noted that M. S. Panicali abstained from voting on the above matter as he was not present at the JUNE 23, 2005 hearing. ADJOURNMENTS AND/OR DEFERRALS A fax was received July 6, 2005, from Stephanie Bottero, Weston Consulting Group Inc., agent on behalf of the applicant, requesting that Item #s 6 & 7, File Nos. B032/05, A152/ CANADA INC, be ADJOURNED SINE DIE. MOVED by D. H. Kang Seconded by T. DeCicco THAT Item #s 6 & 7, File Nos. B032/05, A152/ CANADA INC, be ADJOURNED SINE DIE. It should be noted that M. S. Panicali abstained from voting on the above matter as he declared a conflict of interest on the above matter. A letter was received July 6, 2005, from Sandro Soscia, Soscia Engineering Ltd., agent on behalf of the applicant, requesting that Item # 8, File No. A112/05, LURON INVESTMENTS INC., be ADJOURNED TO THE JULY 21, 2005 MEETING, so that the building and zoning departments may Page 1 of 14

2 verify the number of parking spaces for this address. ADJOURNMENTS AND/OR DEFERRALS A letter was received July 4, 2005 from Anna Piersanti, the applicant, requesting that Item # 21, File No. A169/05, ANNA MARIA PIERSANTI, be ADJOURNED TO THE JULY 21, 2005, MEETING, to allow for re-circulation of the application due to the re-location of the cabana. MOVED by D. H. Kang Seconded by M. S. Panicali THAT Item # 8, File No. A112/05, LURON INVESTMENTS INC., be ADJOURNED TO THE JULY 21, 2005 MEETING. THAT Item # 21, File No. A169/05, ANNA MARIA PIERSANTI, be ADJOURNED TO THE JULY 21, 2005, MEETING. ADMINISTRATIVE CORRECTIONS NONE. (PREVIOUSLY ADJOURNED FROM THE JUNE 23, 2005 MEETING) 1. FILE NO: A148/05 ELENA BELLI Part of Lot 22, Concession 8, (Lot 41, Registered Plan No. 65M-2863, municipally known as 502 Westridge Drive, Kleinburg). The subject lands are zoned R1, Residential under By-law 1-88 as amended and further subject to Exception 9(563). The applicant is requesting a variance to permit the maintenance of an existing open gazebo as follows: An accessory building located in the side yard. Accessory buildings shall be located within the rear yard. There was no one in attendance to represent the applicant. THAT Application No. A148/05 ELENA BELLI, be STOOD DOWN, to give the agent or applicant more time to attend the hearing. Page 2 of 14

3 (PREVIOUSLY ADJOURNED FROM MAY 11, 2005 MEETING) 2. FILE NO.: A162/05 MICHAEL FOURNIER Part of Lot 30, Concession 3, (Lot 212, Registered Plan No. 65M-3556, municipally known as 31 Regency View Heights, Maple.) The subject lands are zoned RV4, Residential Urban Village Zone Four under By-law 1-88 as amended. The applicant is requesting variances to permit the construction of an in-ground swimming pool, pool equipment shed and deck as follows: Minimum rear yard setback from pool to OS2, Open Space Zone = 3.0m. Minimum interior sideyard setback to pool equipment = 0.91m. Minimum interior sideyard setback to deck = 0.91m. Minimum rear yard setback from pool to OS2, Open Space Zone = 6.0m. Minimum interior sideyard setback to pool equipment = 1.2m. Minimum interior sideyard setback to deck = 1.2m Mr. Michael Fournier, the applicant, appeared on his own behalf. Ida Perugini, 27 Regency View Heights, Maple, Ontario, L6A 3T9 submitted a letter dated May 16, 2005, in support of the construction of a retaining wall. The Development Planning Department made the following written comments on June 13, 2005: The applicant has applied for variances to permit the construction a pool, pool equipment and a deck. The applicant is requesting the minimum rear yard setback from the pool to the OS2 Open Space Zone to be 3m rather than 6m and the interior side yard setback to the pool equipment and deck to be 0.91m rather than the required 1.2m. The subject lands abuts or adjacent to lands that have been identified as Areas of Natural and Scientific Interest (Life Science), Areas of Natural and Scientific Interest (Earth Science), Landform Conservation Areas and Significant Woodlands The applicant is required to demonstrate conformity with subsections 5.3 of OPA No The applicant is required to submit a report supporting this application that addressed the requirements of OPA No. 604 with respect to the proposed variances. The Community Planning Department request that Variance Application A162/05 be adjourned until such time as the applicant has submitted the above referenced report for staff s review and consideration. Upon submission of the required report, staff can complete their review and evaluation of the proposed variance and make a recommendation. The Development Planning Department made the following written comments on July 6, 2005: The above noted application is located on the Oak Ridges Moraine, abutting a Natural Core Area. In support of the minor variance application, a report, prepared by Marshall Macklin Monaghan, dated July 5, 2005 has been submitted to demonstrate conformity with the Oak Ridges Moraine Conservation Plan. I have completed the review of this report, and am satisfied that the applicable provisions of the Oak Ridges Moraine Conservation Plan have been satisfied. I have no objections to this variance application. Page 3 of 14

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5 (PREVIOUSLY ADJOURNED FROM MAY 11, 2005 MEETING) 2. FILE NO.: A162/05 MICHAEL FOURNIER 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. MOVED by D. H. Kang Seconded by M.S. Panicali THAT Application No. A162/05 MICHAEL FOURNIER., be APPROVED, in accordance with the sketch attached 3. FILE NO: A157/05 PETER-JAMES CLAUDE GREGORY & DEBORAH ANN GREGORY Part of Lot 15, Concession 6, (Lot 57, Registered Plan No. 65M-3432, municipally known as 91 Siderno Cres., Woodbridge.) The subject lands are zoned R1, Residential under By-Law The applicants are requesting a variance to permit the construction of a garden/storage shed in the interior side yard as follows: Shed to be located in the interior sideyard. Shed to be located in the rear yard. Peter Gregory, the applicant, appeared on his own behalf. A petition in support of the application was received on May 27, 2005, from Francesco and Margherita Aquino, 115 Siderno Crescent, Woodbridge, Ontario, L4L 9M5 and Nick and Teresa Novielli, 123 Siderno Crescent, Woodbridge, Ontario, L4L 9M5. THAT 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. MOVED by D. H. Kang Seconded by M. S. Panicali THAT Application No. A157/05 PETER-JAMES CLAUDE GREGORY & DEBORAH ANN GREGORY, be APPROVED, in accordance with the sketch attached. Page 5 of 14

6 4. FILE NO: A158/05 MARGARITA POMA & LEONARDO POMA Part of Lot 15, Concession 6, (Lot 5, Registered Plan No. 65M-3625, municipally known as 224 Polo Cres., Woodbridge.) The subject lands are zoned R1, Residential under By-Law The applicants are requesting a variance to permit the maintenance of an air conditioner in the side yard as follows: Minimum side yard setback to air condition unit 0.57m. Minimum side yard setback to air condition unit 1.2m. Leonardo Poma, the applicant, appeared on his own behalf. 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. MOVED by M.S. Panicali THAT Application No. A158/05 MARGARITA POMA & LEONARDO POMA, be APPROVED, in accordance with the sketch attached. 5. FILE NO: A159/05 ZAFIR HOLDINGS INC. Part of Lot 10, Concession 3, (Municipally known as 8301 Keele Street, Concord). The subject lands are zoned EM1, Prestige Employment Area under By-law 1-88 as amended. The applicant is requesting a variance to permit the maintenance of an existing two-storey industrial/commercial building, notwithstanding, the proposed changes to the existing By- Law & current By-Law requirements are as follows: 1. Maximum gross floor area for eating 1. Maximum gross floor area for eating establishment use = m 2 establishment use = 185m 2. Paul Binder, of Grassmere Constructions, 49 North Street East, Tillsonburg, Ontario, N4G 1B4, appeared as the agent on behalf of the applicant. Page 6 of 14

7 5. FILE NO: A159/05 ZAFIR HOLDINGS INC. 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. MOVED by D. H. Kang Seconded by M. S. Panicali THAT Application No. A159/05, ZAFIR HOLDINGS INC., be APPROVED in accordance with the sketch attached 6. FILE NO.: A160/05 SIMPLY EUROPEAN CAKES, PASTRIES & BREAD Part of Lot 13, Concession 5, (Part of Block 6, Registered Plan 65M Municipally known as 399 Four Valley Drive UNITS 1 & 2 of Building A, Concord). The subject lands are zoned EM1, Prestige Employment Area Zone under By-Law 1-88 as amended and further subject to Exception 9(1057). The applicant is requesting a variance to permit the maintenance of an existing one-storey industrial/condominium building, notwithstanding, the proposed changes to the existing By- Law & current By-Law requirements are as follows: 1. Maximum 370m 2 G.F.A. devoted to eating establishment. 1. Maximum 185m 2 G.F.A. devoted to eating establishment. 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 # A104/05 APPROVED APRIL 28/05 - Minimum rear yard 8.0m to both Bldg A & B. Maria Fata, the applicant, appeared on her own behalf and asked for clarification regarding the wording of her request. During discussions the Building Department explained that once a seating area is established, the gross floor area (in this case units 1 and 2) received the designation of eating establishment regardless of the actual size of the space being used for eating establishment purposes. Page 7 of 14

8 6. FILE NO.: A160/05 SIMPLY EUROPEAN CAKES, PASTRIES & BREAD 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. A160/05, SIMPLY EUROPEAN CAKES, PASTRIES & BREAD, be APPROVED in accordance with the sketch attached 7. FILE NO.: A161/05 FRANK AND SUSANNA GROSSI Part of Lot 8, Concession 6, (Block 192, Registered Plan No 65M-2176, Block 11, Registered Plan No. 65M-2780, municipally known as 188 Cloverleaf Street, Woodbridge). The subject lands are zoned R2, Residential under By-law 1-88 as amended and further subject to Exception Number 9(476). The applicants are requesting authorization of variances to permit the maintenance of a rear year shed as follows: 1. Maximum height of shed 2.9m. 2. Maximum size of shed 10m Maximum height of shed 2.5m. 2. Maximum size of shed 8m 2 Frank and Susanna Grossi, the applicant, appeared on their own behalf. The Committee discussed the letters on file. Cris Cicchillo, 183 Clover Leaf Street, Woodbridge, Ontario, L4L 5H7, appeared in support of the application. Matt Cilla, 56 Needle Point Road, Woodbridge, Ontario, L4L 5H9, appeared in opposition to the application. Letters of support were received from the following people: Mrs. R. Giordano, 182 Clover Leaf Street, Woodbridge, Ontario, L4L 5H7; Mrs. T. Grossi, 189 Clover Leaf Street, Woodbridge, Ontario, L4L 5H7 ; F. Gismondi, 178 Clover Leaf Street, Woodbridge, Ontario, L4L 5H7; Vince and Antonia Bruzzese, 71 Needle Point Road, Woodbridge, Ontario L4L 5J3; Cris Cicchillo, 183 Clover Leaf Street, Woodbridge, Ontario, L4L 5H7 and Emilio Contino, 179 Clover Leaf Street, Woodbridge, Ontario, L4L 5H7. A letter of opposition was received from Mario and Elsa DiMarco, 42 Needle Point Road, Woodbridge, Ontario, L4L 5H9. There was no one else in attendance either in support of or in opposition to the request. Page 8 of 14

9 7. FILE NO.: A161/05 FRANK AND SUSANNA GROSSI 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 M.S. Panicali THAT Application No. A161/05 FRANK & SUSANNA GROSSI, be APPROVED, in accordance with the sketches attached. 8. FILE NO.: A163/05 CROSSROADS PLAZA INC. Part of Lot 10, Concession 2, (Block 56, Registered Plan No. 65M-3227, municipally known as 1200 Highway No. 7, northwest corner of Highway 7 & Langstaff Road, Thornhill.) The subject lands are zoned C4, Neighbourhood Commercial and subject to the provisions of Exception Number 9(752) under By-Law 1-88 as amended. The applicant is requesting variances to permit the construction of a one storey retail plaza, as follows: 1) To permit a minimum 5.0 metre wide landscape strip abutting Hwy 7 and Langstaff Road. 2) To permit a minimum 1.0 metre wide landscape strip abutting an Open Space Zone. 3) To permit a minimum 84 parking spaces for the development. 4) To permit a minimum rear yard setback of 6.11 metres. 5) To permit a minimum interior side yard setback of 5.0 metres. 6) To permit a minimum 5.0 metres setback from a Residential Zone. 1) A minimum 6.0 metre wide landscape strip is required abutting Hwy. 7 and Langstaff Road. 2) A minimum 2.4 metre wide landscape strip is required abutting an Open Space Zone. 3) A minimum 93 parking spaces are required for the development. 4) A minimum rear yard setback of 9.0 metres is required. 5) A minimum interior side yard setback of 9.0 metres is required. 6) A minimum 9.0 metre setback is required from a Residential Zone. Marie Barber, 36 Buckthorn Road, Thornhill, Ontario, L4J 8M3 and Ruth Tamam, 158 Yellowood Circle, Thornhill, Ontario, L4J 8M5, both appeared with concerns and opposition to select variances. The Committee suggested that the agent stand down the application to the end of the meeting, so that he could talk to the neighbours regarding the application and answer any of their questions. Page 9 of 14

10 8. FILE NO.: A163/05 CROSSROADS PLAZA INC... There was no one else in attendance either in support of or in opposition to the request. THAT Application No. A163/05 CROSSROADS PLAZA INC., be STOOD DOWN, to the end of the agenda to allow the agent to speak with the neighbours that were present at the hearing. 9. FILE NO: A164/05 CLAUDINE ZISKINDER Part of Lot 30, Concession 1, (Part Blocks 166 & 167, Registered Plan No 65M-2099, municipally known as 10 Rejane Crescent, Thornhill). The subject lands are zoned RM1, Multiple Residential and subject to the provisions of Exception Number 9(474) under By-law 1-88 as amended. The applicant is requesting authorization of a variance to permit the maintenance of a widened driveway as follows: 1) To maintain a maximum driveway width of 5.79 metres. 1) A maximum driveway width of 3.75 is permitted. Claudine Ziskinder, the applicant, appeared on her own behalf. Benjamin Rinzler, 12 Rejane Crescent, Thornhill, Ontario L4J 4Z8, appeared in support of the application. There was no one else in attendance either in support of or in opposition to the request. On July 7, 2005, a letter was received from Harold Bliss, 111 Patrice Crescent, Thornhill, Ontario, L4J 4Z5, in opposition to the request. Mike Mody, Barrister, Solicitor, Notary Public, 2544 Confederation Parkway, Mississauga, Ontario, L5B 1S2, requested to receive a copy of the decision. The Development Planning Department made the following written comments: The applicant has applied for a minor variance to permit the maintenance of an existing widened driveway. The applicant is requesting relief from the By-law respecting maximum driveway width requirements. The applicant has already widened the driveway. Where a maximum driveway width of 3.75m is required, the applicant seeks a variance to increase the maximum driveway width to 5.79m. The existing driveway does not taper as it goes towards the front lot line. This department does not support the reduction of the front yard landscaping to accommodate the widened driveway. Page 10 of 14

11 9. FILE NO: A164/05 CLAUDINE ZISKINDER.. The Development Planning Department does not support the Variance Application A164/05. This department does not consider the variance to be appropriate for the development of the property 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. THAT Application No. A164/05 CLAUDINE ZISKINDER, be APPROVED, in accordance with the sketch attached. 10. FILE NO: A166/05 ANTHONY DE DONATO & ANJA SIMMONS Part of Lot 30, Concession 1, (Lot 30, Registered Plan No. 2273, municipally known as 150 Brooke Street, Thornhill). The subject lands are zoned R1V, Old Village Residential and subject to the provisions under By-law 1-88 as amended. The applicant is requesting authorization of a variance to permit the construction of a two storey single family detached dwelling with attached two-car garage as follows: 1) To permit a maximum lot coverage of 28.8%. 7) A maximum lot coverage of 20% is permitted. Please note: Existing house to be demolished. Sketches are attached illustrating the request. There was no one present to represent the applicants. Alex Mills, Brook Banks Drive, Toronto, Ontario, M3A 2T2 appeared in support of the application. There was no one else in attendance either in support of or in opposition to the request. Letters of opposition were received from the following people: Heather Kelly, 31 Old Jane Street, Thornhill, Ontario, L4J 1E6; Shirley Porjes and Atul Gupta, 26 Elizabeth Street, Thornhill, Ontario, L4J 1Y1; Ruth and Lindsay Belch, 24 Elizabeth Street, Thornhill, Ontario, L4J 1Y1; Jack and Ann Weterhoek, 12 Elizabeth Street, Thornhill, Ontario, L4J 1Y1; Marisa and Steglio Betoia, 148 Brooke Street, Thornhill, Ontario, L4J 1Y9. Page 11 of 14

12 10. FILE NO: A166/05 ANTHONY DE DONATO & ANJA SIMMONS.. The Development Planning Department made the following written comments: The applicant has applied for variances to permit the construction of a two-storey single detached dwelling. The applicant is requesting the maximum lot coverage of 28.8% and the maximum building height of 9.5m. The by-law permits a maximum lot coverage of 20% with a maximum building height of 9.5m. The maximum lot coverage of 20% may be increased to 23% provided that the maximum building height does not exceed one-storey with a loft and 7.0m. The applicant has not requested any yard variances. For the Committee s information, the Committee has approved a request for 22.4% maximum lot coverage at 146 Brooke Street. The Development Planning Department does not support Variance Application A166/05. The Culture Services Division of the Department of Recreation and Culture made the following written comments: Cultural Services requests that the Committee of Adjustment Defer the hearing of the above item (File A166/05) until Heritage Vaughan has had an opportunity to review the application at it next scheduled meeting on Wednesday, 24 August The proposed lot coverage and mass and scale of the building will greatly impact the streetscape in the Heritage Conservation District. The Toronto and Region Conservation Authority made the following written comments: TRCA staff recommends deferral of the above noted variance application, as submitted, until staff has an opportunity to review and comment on the information requested by this office. All development proposals on the subject property should be circulated to the TRCA for our review and approval prior to any works taking place, pursuant to Ontario Regulation 158 and our VSCMP policies. There were no other objections from any Departments or Agencies. THAT Application No. A166/05 ANTHONY DE DONATO & ANJA SIMMONS, be ADJOURNED, to the July 21, 2005 meeting so there can be representation for the applicant present. 11. FILE NO: A167/05 BATTCORP HOLDINGS (VAUGHAN) LTD. Part of Lot 9, Concession 5, (Lot 33, Registered Plan No. 65M-2588, municipally known as 661 Chrislea Rd., Unit 3,8,9, Woodbridge.) The subject lands are zoned C7, Service Commercial, under By-Law 1-88 as amended and further subject to Exception 9(462E), 9(1093). The applicant is requesting permission to permit units to be used as retail stores, as follows: One shoe store One clothing store Page 12 of 14

13 11. FILE NO: A167/05 BATTCORP HOLDINGS (VAUGHAN) LTD... One convenience store One pharmacy Joe Tersigni, 41 Queen Post Drive, Woodbridge, Ontario, L4L 3G3, appeared as the agent, on behalf of the applicant. 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 D. H. Kang Seconded by M. S. Panicali THAT Application No. A167/05 BATTCORP HOLDINGS (VAUGHAN) LTD., be APPROVED, in accordance with the sketch attached. 12. FILE NO: A168/05 INTERIOR SYSTEMS CONTRACTORS ASSOCIATION OF ONTARIO Part of Lot 4, Concession 6, (Lots 8, 9 & 10, Registered Plan No 65M-2643, municipally known as 60 Sharer Road, Woodbridge). (previously 60, 74, & 86 Sharer Road). The subject lands are zoned EM1, Prestige Employment Area Zone under By-Law The applicant is requesting authorization of a variance to permit the construction of a proposed two storey training office facility as follows: Minimum parking required 140 spaces. Minimum parking required 159 spaces. Julie Fantinato, the agent appeared on behalf of the applicant. 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. MOVED by M.S. Panicali THAT Application No. A168/05 INTERIOR SYSTEMS CONTRACTORS ASSOCIATION OF ONTARIO, be APPROVED, in accordance with the sketches attached. Page 13 of 14

14 (PREVIOUSLY ADJOURNED FROM THE JUNE 23, 2005 MEETING) 1. FILE NO: A148/05 ELENA BELLI.. There was no one present to represent the applicant. THAT Application No. A148/05 ELENA BELLI, be ADJOURNED, to the JULY 21, 2005 MEETING, as there was no one present to represent the application 8. FILE NO.: A163/05 CROSSROADS PLAZA INC.. Mr. Evans, the agent, returned and told the Committee that he was able to alleviate the concerns of only one of the two people present. Mr. Evans submitted a full scale site plan and gave a brief submission regarding the request. There was further discussions between the Committee, Mr. Evans and Ms. Tamam. After which the Committee asked Mr. Evans if he would consider amending his application. Mr. Evans stated that he will not amend the application. The Committee is of the opinion that the variances sought, can not be considered minor and are not desirable for the appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will not be maintained. THAT Application No. A163/05 CROSSROADS PLAZA INC., be REFUSED, in accordance with the sketch attached. OTHER BUSINESS None. MOTION TO ADJOURN THAT the meeting of Committee of Adjustment be adjourned at 6:41 p.m., and the next regular meeting will be held on THURSDAY, JULY 21, Page 14 of 14