The Minutes of the 1st Meeting of the Vaughan Committee of Adjustment for the year 2005 THURSDAY, JANUARY 13, :00 p.m.

Transcription

1 The Minutes of the 1st Meeting of the Vaughan Committee of Adjustment for the year 2005 THURSDAY, JANUARY 13, :00 p.m. Present at the meeting were: T. De Cicco Vice Chair L. Fluxgold D. Kang M. Panicali Members of Staff present: Dianne E.L. Grout, Secretary-Treasurer Cathy Schanck, Assistant to the Secretary-Treasurer Glenn White, Planner Marie Kennedy, Plans Examiner INTRODUCTION OF ADDENDUM REPORTS MOVED by L. Fluxgold Seconded by M. 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 L. Fluxgold declared a conflict of interest with respect to Item # s 8 & 9, File Nos. B070/04, B071/04 CONGREGATION OHR PENIMI, as his client is the objector. ADOPTION OR CORRECTION OF MINUTES MOVED by L. Fluxgold Seconded by D. Kang THAT the minutes of the Committee of Adjustment Meeting of Thursday, December 4, 2004, be adopted as circulated. CARRIED It should be noted that M. Panicali abstained from voting on this matter as he was not present at the December 2, 2004 meeting. ADJOURNMENTS AND/OR DEFERRALS A fax was received January 12, 2005 from Angelo Kouros, the owner, requesting that Item # 22, File # A012/05, MARILU & ANGELO KOUROS, be ADJOURNED to the JANUARY 27, 2005 Meeting. An was received January 5, 2005 from Donna Klie, the applicant, requesting that Item # 29, File # A021/05, DONNA KLIE, be ADJOURNED to the January 27, 2005 Meeting, in order to address Planning s request for a Woodlot Assessment Study. MOVED by L. Fluxgold Seconded by M. Panicali THAT Item # 22, File # A012/05, MARILU & ANGELO KOUROS, be ADJOURNED to the JANUARY 27, 2005 Meeting. THAT Item # 29, File # A021/05, DONNA KLIE, be ADJOURNED to the JANUARY 27, 2005 Meeting. Page 1 of 29

2 ADMINISTRATIVE CORRECTIONS NONE. CONSENT & MINOR VARIANCE PUBLIC HEARING: (Consent B064/03 previously adjourned from the August 7, 2003 and December 2, 2004 Meetings (Recirculated & to be heard with Minor Variance A014/05) 1. & 2. FILE NOS.: B064/03 & A014/05 CHRISTINE MARIE PARENT-INCH, JAMES IAN INCH Part of Lot 25, Concession 7, (Lot 13, Registered Plan No. 65M-2186, municipally known as 5131 Teston Road, Kleinburg.) B064/03 The purpose of this application is to request the consent of the Committee of Adjustment to convey a parcel of land for the purpose of creating a new lot, for residential purposes, together with all required easements and right-of-ways, if required, and retain the lands for residential purposes. The subject lands are zoned RR Rural Residential under By-law 1-88 as amended. The subject lands are currently vacant and a residential dwelling is proposed. There is an existing dwelling on the retained lands. This application was previously adjourned from the August 7, 2003 and December 2, 2004 meetings, as it was determined a minor variance application was also necessary. A014/05 The subject lands are zoned RR Rural Residential, under By-Law 1-88, as amended. The applicants are requesting a variance to facilitate the severance of the total subject lands, as follows: To permit access over parcel B to parcel A by way of a mutual driveway from Teston Road. The owner of every building or structure erected shall provide and maintain on the lot on which it is erected, for the sole use of the owner, occupant, or other persons entering upon or making use of the said premises from time to time, parking spaces and areas (as defined in By-law 1-88, as amended). 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 B89/89 REFUSED June 28, 1989, creation of a new lot B109/94 REFUSED Nov. 24, 1994, creation of a new lot. Page 2 of 29

3 FILE NOS.: B064/03 & A014/05 CHRISTINE MARIE PARENT-INCH, JAMES IAN INCH CONT D Letters of support were received July 14, 2003, prior to the adjournment of Consent Application No. B64/03 from the following residents: Joan Owen, 110 High Valley Court, RR #1, Kleinburg, Ontario, L0J 1C0; J. & Suzanne Howard, 21 High Valley Court, P.O. Box 216, Kleinburg, Ontario, L0J 1C0; Vincenza Salvatore, 42 Green Valley Court, P.O. Box 4, Rr #1, Kleinburg, Ontario, L0J 1C0; Vicky Violante, 111 High Valley Court, Rr #1, Kleinburg, Ontario, L0J 1C0. Letters of opposition were received prior to the adjournment of B64/03 by the following residents: Maria Morgis, 41 Green Valley Court, Kleinburg, Ontario, L0J 1C0 and James Dhaliwal, 80 High Valley Court, Kleinburg, Ontaro, L0J 1C0. Prior to Minor Variance A014/05 being submitted, the Development Planning Department was not in support of Consent Application B64/03. On January 10, 2005, the Development Planning Department sent revised comments with no objections to the applications. David Matthews, appeared as the agent, and advised the Committee he agreed with the conditions of approval and that he had nothing to add to the request. Maria Morgis, 41 Green Valley Court, Kleinburg, Ontario, L0J 1C0, appeared in opposition. Ms. Morgis stated that when she became a resident ten years ago, owners were given assurances as to the size of their lots. She also had concerns including the negative impact of the proposed severance, and potential well and septic problems. Ms. Morgis stated she had spoken with the owners prior to this application being submitted and had advised them she did not agree. David Gottardo, 50 High Valley Court, Box 208, Kleinburg, Ontario, L0J 1C0, appeared in opposition stating that he has been a resident since 1987, and that a subdivision agreement states that everyone on it must agree to any new lots being created. He also advised that the owner had come with a petition asking for his support and that he had refused to sign it. He stated his concerns included setting a precedent and property values being affected. Arsenio Serra, 110 High Valley Court, Kleinburg, Ontario, L0J 1C0, appeared in opposition, stating she has been a resident since April, 2004 and that her concerns were the possible obstruction of her view, and property value. The Committee asked Mr. Serra if he was aware of the subdivision agreement referred to by Mr. Gottardo, to which he replied he was not. The Committee asked the Planning Department if they were aware of any subdivision agreement to which staff commented that it may be a private agreement and not a City of Vaughan agreement. The Committee suggested adjourning the applications to the January 27, 2005 meeting in order to give the Building, Planning and Legal Departments time to review and report back to the Committee. The Committee determined that the owners and Mr. Gottardo should submit their agreements to the Development Planning Department, the Building Department and the Legal Department, at least one week prior to the January 27, 2005 meeting and that the results should be reported back to them. There was no one else in attendance either in support of or in opposition to the request. There were no other objections from any Departments or Agencies. MOVED by L. Fluxgold Seconded by M. Panicali THAT Application Nos. B064/03, A014/05 - CHRISTINE MARIE PARENT-INCH, JAMES IAN Page 3 of 29

4 INCH, be ADJOURNED to the JANUARY 27, 2005 Meeting. Please Note: L. Fluxgold left the Chambers and was not present for this item. CONSENT PUBLIC HEARING: (Previously adjourned from the December 2, 2004 Meeting) 3. & 4. FILE NOS.: B70/04, B71/04 CONGREGATION OHR PENIMI Part Lot 26, Concession 1, (Part of Lot 45, Registered Plan No. 3205, municipally known as 241 Crestwood Road, Thornhill). The purpose of these applications is to request the consent of the Committee of Adjustment to convey parcels of land for the purpose of creating new lots for institutional / residential purposes, together with all required easements and right-of-ways, if required, and retain the lands for institutional / residential purposes. There is currently a single family detached dwelling on the retained lands. The subject lands and retained lands appear to have frontage. The subject lands are zoned R3, Residential, and subject to the provisions of Exception Number 9(735) under By-law 1-88 as amended. The retained lands are zoned R2, Residential and subject to the provisions under By-law 1-88 as amended. This application was previously adjourned from the December 2, 2004 meeting. A fax of opposition, dated December 1, 2004, was received from Oz Cohen, Chief Financial Officier, The Torgan Group, Madison Centre, 4950 Yonge Street, Suite 1103, Toronto, Ontario, M2N 6K1. Larry Swartz, 72 Fairleigh Crescent, Toronto, Ontario, M6C 3R9, appeared as the agent and submitted a letter from Rebecca Kirsh, Congregation Ohr Penimi, clarifying residential use only, not Institutional / residential, and the easternmost boundary with a length of metres not metres. He also added that he did meet with associates of The Torgan Group but not the president. Mr. Swartz also submitted a petition of support signed by the following residents; J. Lloyd 238 Crestwood Road L4J 1A9 A. Frankel 228 Crestwood Road L4J 1A9 J. Bailey 224 Crestwood Road L4J 1A9 Occupants 217 Crestwood Road L4J 1A8 M. Rittgasser 223 Crestwood Road L4J 1A8 Occupants 225 Crestwood Road L4J 1A8 Occupants 229 Crestwood Road L4J 1A8 Jacob Goldstein 36 Townsgate Drive L4J 8A4 Roy Sumabat 32 Townsgate Drive L4J 8A4 Page 4 of 29

5 Larry Swartz 72 Fairleigh Cr. Toronto, Ontario M6C 3R9 Ernst Von Bezold 62 Roosevelt Drive Richmond Hill, Ontario L4C 6V4 FILE NOS.: B70/04, B71/04 CONGREGATION OHR PENIMI CONT D Nicole Moxley, Evans Planning, 28 Ellery Drive, Richmond Hill, Ontario, L4C 8Z6, appeared on behalf of The Torgan Group, stating the concerns included the long term plan for use of the property and subsequent parking problems. Ms. Moxley submitted photos and a petition of opposition signed by the following: Gabriel Zimmerman c/o Townsgate Corp. Centre 40 Vogell Rd., Unit 1 L4B 3N6 Dan Morson 233 Crestwood Road L4J 1A8 The Torgan Group Attn: Oz Cohen Madison Centre 4950 Yonge St., Suite 1103 Toronto, Ontario M2N 6K1 North-Med Developments Inc Bathurst St. L4J 7Z1 Nicole Moxley Evans Planning 28 Ellery Drive Richmond Hill, Ontario L4C 8Z Bathurst Developments 7117 Bathurst St. L4J 2J6 YRCC Bathurst St. L4J 7Z1 Stanley Spier 7131 Bathurst St., Suite 306 L4J 7Z1 Mark Goodbaum 7131 Bathurst St., Suite 201 L4J 7Z1 Dr. Mark Brodsky 7131 Bathurst St., Suite 202 L4J 7Z1 The Committee advised Ms. Moxley that the photos submitted did not show a parking problem. Gabriel Zimmerman, Unit 1, 40 Vogell Road, Richmond Hill, Ontario, L4B 3N6, appeared in opposition, speaking on behalf of Townsgate Corporate Centre, also advising that the main issue was the assurance that parking would not be a problem and that this might be achieved through a site plan. Dan Morson, 233 Crestwood Road,, L4J 1A8, appeared in opposition advising that he has been a resident for 27 years and that he had not been approached by the owner about the applications. Mr. Morson stated that the existing commercial properties in the area had created a serious parking problem and that if construction were to take place the problem could become worse. Ernst Von Bezold, 62 Roosevelt Drive, Richmond Hill, Ontario, L4C 6V4, also an authorized agent for Rebecca Kirsh, stated that the residence of Mr. Morson was approached but that no one was home. He also advised that it was the surrounding commercial properties that had a parking problem. Larry Swartz concluded his submission, stating again that the intent for use was residential only, and that the owner was willing to address any problems with area residents. There was no one else in attendance either in support of or in opposition to the request. Page 5 of 29

6 There were no other objections from any Departments or Agencies and any conditions are listed below. FILE NOS.: B70/04, B71/04 CONGREGATION OHR PENIMI CONT D MOVED by D. Kang Seconded by M. Panicali THAT Application No. B70/04 CONGREGATION OHR PENIMI, 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. Payment to the City of Vaughan of a Tree Fee if required, approved by Council as of the date of granting the consent. Payment is to be made by certified cheque, to the satisfaction of the Reserves/Capital Department and Parks Department; 2. That the owner shall pay all taxes as levied, if required, to the satisfaction of the Reserves/Capital Department; (contact Terri Liuni in the Reserves/Capital Department to have this condition cleared). 3. That the applicant shall provide the City of Vaughan with an appraisal report, if required and valuation of the subject land (land only) to be prepared by an accredited appraiser, if required. Payment of a Parkland Levy to the City in lieu of deeding of land for park purposes shall be made if a new lot is being created. Said levy is to be 5% of the appraised market value of the subject land as of the date of the Committee of Adjustment giving notice to the Application of the herein decision. Said levy shall be approved by the Manager of Real Estate. Payment shall be made by certified cheque only; 4. That the applicant will verify that the proposed east/west consent line between the subject and retained lands is in line with the division of the abutting lands to be east, (32 Townsgate Drive and 239 Crestwood Road), if required, to the satisfaction of the Development Planning Department; 5. The Owner shall arrange to prepare and register a reference plan at his/her expense to lift a 0.30m reserve along the Townsgate Boulevard frontage of the severed property and for the transfer of City owned lands fronting the proposed severed lot to the Owner, if required, to the satisfaction of the Engineering Department. 6. The owner shall pay the costs associated with the registration of the reference plan, land transfer ($ payable to the City of Vaughan) and road dedication By-law ($ payable to the City of Vaughan), if required, to the satisfaction of the Engineering Department; 7. Submission to the Secretary-Treasurer of three (3) 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 a 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 6 of 29

7 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 $100.00, 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; THAT Application No. B71/04 CONGREGATION OHR PENIMI, 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. Payment to the City of Vaughan of a Tree Fee if required, approved by Council as of the date of granting the consent. Payment is to be made by certified cheque, to the satisfaction of the Reserves/Capital Department and Parks Department; 2. That the owner shall pay all taxes (by certified cheque) as levied, if required, to the satisfaction of the Reserves/Capital Department; (contact Terri Liuni in the Reserves/Capital Department to have this condition cleared). 3. That the applicant shall provide the City of Vaughan with an appraisal report, if required and valuation of the subject land (land only) to be prepared by an accredited appraiser, if required. Payment of a Parkland Levy to the City in lieu of deeding of land for park purposes shall be made if a new lot is being created. Said levy is to be 5% of the appraised market value of the subject land as of the date of the Committee of Adjustment giving notice to the Application of the herein decision. Said levy shall be approved by the Manager of Real Estate. Payment shall be made by certified cheque only; 4. That the applicant will verify that the proposed east/west consent line between the subject and retained lands is in line with the division of the abutting lands to be east, (32 Townsgate Drive and 239 Crestwood Road), if required, to the satisfaction of the Development Planning Department; 5. The Owner shall arrange to prepare and register a reference plan at his/her expense to lift a 0.30m reserve along the Townsgate Boulevard frontage of the severed property and for the transfer of City owned lands fronting the proposed severed lot to the Owner, if required, to the satisfaction of the Engineering Department. 6. The owner shall pay the costs associated with the registration of the reference plan, land transfer ($ payable to the City of Vaughan) and road dedication By-law ($ Page 7 of 29

8 payable to the City of Vaughan), if required, to the satisfaction of the Engineering Department; 7. Submission to the Secretary-Treasurer of three (3) 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; FILE NOS.: B70/04, B71/04 CONGREGATION OHR PENIMI CONT D 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 a 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 $100.00, 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; Note: L. Fluxgold returned to the Chambers and was present for the rest of the hearing. Page 8 of 29

9 MINOR VARIANCE PUBLIC HEARING: (Previously adjourned from the NOVEMBER 4, 2004 Meeting) 5. FILE NO.: A326/04 PATRICK & SUZANA SCARPONE Part of Lot 30, Concession 3, (Lot 172, Registered Plan 65M-3201, municipally known as 88 Kokanee Court, Maple). S The purpose of this application is to request a variance to permit the construction of a covered and enclosed sunroom as follows: A rear yard setback to the sunroom addition being 8.36m. A minimum rear yard setback of 9.5m to the sunroom addition. The subject lands are zoned R1, Residential under By-law 1-88 as amended and further subject to Exception 9(949). This file was previously adjourned from the November 4, 2004 meeting, in order to address issues with respect to the Oak Ridges Moraine Conservation Plan. On December 2, 2004 the Development Planning Department sent the following revised comments: The Development Planning Department has no objections to Variance Application A326/04. The subject lands are designated Executive Residential by OPA 332 and Settlement Area by the Oak Ridges Moraine Conservation Plan (Ontario Regulation 140/02) and OPA 604, the City s Oak Ridges Moraine Conformity Official Plan Amendment. The applicant has submitted a variance application to permit the construction of a covered and enclosed sunroom. The applicant is requesting a rear yard setback of 8.36m from lands zoned OS1Open Space Conservation Zone, whereas the By-law requires 9.5m. The sunroom will be on top of an existing concrete deck/cold room. The subject property is within the Oak Ridges Moraine Area, and has been designated by the Oak Ridges Moraine Conservation Plan as Settlement Area. The OS1 Open Space Conservation Zone which the subject property abuts, has been designated as Natural Core Area by the Oak Ridges Moraine Conservation Plan and contains a number of key natural heritage features including an Earth and Life Science Area of Natural and Scientific Interest, and significant woodlands. The provisions of the Oak Ridges Moraine Conservation Plan apply to this application. Specifically, the applicant is required to demonstrate conformity with subsections 19 (3) and 31 (4) of the Oak Ridges Moraine Conservation Plan. The applicant has submitted a report, which has been reviewed by Development Planning Department s staff. Staff is satisfied that Variance Application A326/04 conforms to the Oak Ridges Moraine Conservation Plan and OPA 604. The addition is on an existing concrete slab, and will not require any additional grading, or any vegetation removal for it s placement, nor any direct grading or vegetation removal within the adjacent Natural Core Area. Patrick Scarpone, the owner and had nothing too add to the request. There was no one in attendance either in support of or in opposition to the request. Page 9 of 29

10 There were no objections from any Departments or Agencies. FILE NO.: A326/04 PATRICK & SUZANA SCARPONE CONT D THAT the Committee is of the opinion that the variance sought can be considered minor and is MOVED by M. Panicali Seconded by D. Kang AND THAT Application No. A326/04 PATRICK & SUZANA SCARPONE, be: APPROVED, in accordance with the sketch attached. CARRIED MINOR VARIANCE PUBLIC HEARING: (Previously adjourned from the NOV 4, 2004 & DEC 2, 2004 Meetings) 6. FILE NO: A343/04 THE REGIONAL MUNICIPALITY OF YORK Part of Lot 25, Concession 4, (Plan No. 65R-6760, municipally known as Keele Street, Maple). The subject lands are zoned A, Agricultural under By-law 1-88 as amended. The purpose of this application is to request a variance to permit the construction of a pumping station serving Vaughan (Maple area), Aurora and Newmarket, notwithstanding, the setback to the proposed structure will be 10 metres, rather than the By-law requires the minimum setback of 15 metres to all lot lines. Sketches are attached illustrating the request. Peter Rusch, appeared as the agent and gave a brief submission in regard to the request. 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. THAT the Committee is of the opinion that the variance sought can be considered minor and is MOVED by M. Panicali Seconded by D. Kang AND THAT Application No. A343/04 THE REGIONAL MUNICIPALITY OF YORK, be: APPROVED, in accordance with the sketches attached. Page 10 of 29

11 MINOR VARIANCE PUBLIC HEARING: (Previously adjourned from the December 2, 2004 Meeting) 7. FILE NO: A359/04 JOSIE PRESTA Part of Lot 27, Concession 5, (Lot 6, Registered Plan No. 65M-3598, municipally known as 100 Rocmary Place, Maple). The subject lands are zoned RR, Rural Residential under By-law 1-88 as amended and further subject to Exception 9(1133). This application was previously adjourned from the December 2, 2004 meeting in order for the agent to consult with the applicant and provide amendments. The Development Planning Department did not support the original application. Prior to the applicant s submission, it was agreed to amend the application, sketch, and Notice of Application as follows: the maximum building height of the dwelling will be 10.79m NOT 14.68M, and the maximum building height of the accessory building will be 9.45m NOT 10.67M, THEREFORE, the purpose of this application is to request variances to permit the construction of a two storey single family detached dwelling with a linked five-car garage, as follows: 1. A maximum building height of the dwelling of 10.79m. 2. A maximum building height of the accessory building of 9.45m measured from average finished ground level and a maximum of 3.05m from finished grade to the nearest part of the roof. 3. A maximum floor area of 183m 2 for the accessory structure. 1. A maximum building height of 9.5m for the dwelling. 2. The maximum building height of accessory buildings and structures shall not exceed 4.5m from the finished ground level to the highest point of the building of structure and a maximum 3m from finished grade to the nearest part of the roof. 3. A maximum floor area for all accessory structures shall not exceed 67m 2. On January 6, 2005, the Development Planning Department send revised comments stated they had no objections to the revised application. Alexander Belchevski, appeared as the agent, and had nothing to add to the request. There was no one in attendance either in support of or in opposition to the request. There were no other objections from any Departments or Agencies, and any conditions are listed below. THAT 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 MOVED by M. Panicali Seconded by D. Kang Page 11 of 29

12 AND THAT Application No. A359/04 JOSIE PRESTA, be APPROVED as AMENDED, in accordance with the sketches attached, subject to the following conditions; 1. That a report by a Professional Engineer be submitted satisfactory to the Building Standards Dept. which provides details on the on-site sewage system with the proposed house and 5 car garage showing there is adequate area on the subject lot for the treatment of the on-site sewage from the proposed house as per the requirements of the Ontario Building Code, if required, to the satisfaction of the Building Standards Dept; FILE NO: A359/04 JOSIE PRESTA CONT D 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. 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.) MINOR VARIANCE PUBLIC HEARING: 8. FILE NO.: A366/04 BATH VON LIMITED Part of Lot 13, Concession 2, (Lot 62, Registered Plan 65M-3619, municipally known as 260 Autumn Hill Blvd., Thornhill). The subject lands are zoned RV3, Residential Urban Village Zone Three and subject to the provisions of Exception Number 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 two storey single family dwelling with a two-car garage as follows: 1) To permit a minimum interior side yard setback of 0.65 metres to the dwelling unit. 1) A minimum interior side yard setback of 1.2 metres is required to the dwelling unit. Ken Cain, appeared as the agent and gave a brief submission in regard to the request. 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. THAT the Committee is of the opinion that the variance sought can be considered minor and is MOVED by M. Panicali Seconded by D. Kang THAT Application No. A366/04 BATH VON LIMITED, be APPROVED, in accordance with the sketches attached. Page 12 of 29

13 MINOR VARIANCE PUBLIC HEARING: 9. FILE NO.: A001/05 TRUONG-DUNG LAM Part of Lot 19, Concession 5, (Lot 71, Registered Plan No. 65M-3363, municipally known as 15 Reindeer Crescent, Woodbridge). The subject lands are zoned RV4 (WS) Residential Urban Village Four Zone, under By-law 1-88 as amended and further subject to Exception Number 9(1019). The purpose of this application is to request a variance to permit the maintenance of an existing deck as follows: Minimum rear yard setback to deck 3.3m. Minimum rear yard setback to deck 4.2m. Truong-Dung Lam, the owner, appeared and had nothing to add to the request. 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. THAT the Committee is of the opinion that the variance sought can be considered minor and is MOVED by M. Panicali Seconded by D. Kang THAT Application No. A001/05 TRUONG-DUNG LAM, be APPROVED, in accordance with the sketches attached. 10. FILE NO.: A003/05 JOE FUDA Part of Lot 25, Concession 9, (municipally known as 625 Nashville Road, Kleinburg). The subject lands are zoned A Agricultural, under By-law 1-88, as amended subject to Bylaw which designates the subject lands as part of the Kleinburg-Nashville Heritage Conservation District. The purpose of this application is to request a variance to permit the construction of a rear two storey addition and alterations, to an existing one storey dwelling, as follows: Page 13 of 29

14 Increase lot coverage to 15.66%. Maximum lot coverage shall be 10%. FILE NO.: A003/05 JOE FUDA CONT D Letters of support were received from the following residents: JOAN BURBIDGE 555 NASHVILLE ROAD KLEINBURG, ONTARIO L0J 1C0 A003/05 IBRAHIM JALLOUL 645 NASHVILLE ROAD KLEINBURG, ONTARIO L0J 1C0 A003/05 EROS GERARDI 90 KLEINS CRES KLEINBURG, ONTARIO L0J 1C0 A003/05 HEIDI MCCALLEN 615 NASHVILLE ROAD KLEINBURG, ONTARIO L0J 1C0 A003/05 DAVID CORLEY 80 KLEINS CRES KLEINBURG, ONTARIO L0J 1C0 A003/05 DOUGLAS & SUSAN BURBIDGE 591 NASHVILLE ROAD KLEINBURG, ONTARIO L0J 1C0 A003/05 MARIO & MARIA TERESA DELDUCA 657 NASHVILLE ROAD KLEINBURG, ONTARIO L0J 1C0 A003/05 R. HODGSON 637 NASHVILLE ROAD KLEINBURG, ONTARIO L0J 1C0 A003/05 Luciano Occhiuto, appeared as the agent and had nothing to add to the request. There was no one in attendance either in support of or in opposition 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 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. Panicali Seconded by D. Kang AND THAT Application No. A003/05 JOE FUDA, be APPROVED, in accordance with the sketches attached. 11. FILE NO.: A005/05 WOODBRIDGE PRESBYTERIAN CHURCH Part of Lot 24, Concession 8, (Lots 11 12, 13, & 14, Registered Plan 210, municipally located on the Northwest corner of Nashville Road and Highway 27, Kleinburg). The subject lands are zoned A - Agriculture, under By-Law 1-88 as amended. The purpose of this application is to request variances to permit the construction of a proposed Page 14 of 29

15 one-storey church facility, notwithstanding, the proposed changes to the existing By-Law & current By-Law requirements are as follows: 1. Reduction of required parking spaces to 100 parking spaces. 2. Reduction of exterior side yard setback to 12.8m 1. The required minimum parking count is 150 parking spaces. 2. Minimum exterior side yard setback shall be 15m FILE NO.: A005/05 WOODBRIDGE PRESBYTERIAN CHURCH CONT D On January 4, 2005, The Toronto and Region Conservation Authority sent comments recommending deferral of the application, stating that they felt the application was premature as technical issues relating to the site plan have not yet been resolved. On January 10, 2005, The Toronto and Region Conservation Authority sent revised comments Advising that after several discussions with the agent, Mr. Talar, they had no further objection to the approval of the Committee of Adjustment. On January 13, 2005, Peter Smith, Weston Consulting Group Inc., sent a letter requesting the Committee of Adjustment add conditions of approval suggested by them. Matt Talar, appeared as the agent advising that any concerns would be addressed through the site plan. There was no one in attendance either in support or opposition to the request. There were no other objections from any Departments or Agencies. THAT the Committee is of the opinion that the variances sought can be considered minor and are MOVED by D. Kang Seconded by M. Panicali AND THAT Application No. A005/05 WOODBRIDGE PRESBYTERIAN CHURCH, be: APPROVED, in accordance with the sketches attached. 12. FILE NO.: A007/05 MARK & JOHANNA GERTZBEIN Part of Lot 12, Concession 2, municipally known as 214 Thornhill Woods Drive, Thornhill.) The subject lands are zoned RV3, Residential Urban Village Zone three and subject to the provisions of Exception Number 9(1063) under By-Law 1-88 as amended. The purpose of this application is to request variances to permit the maintenance of a rear yard garden shed and a gazebo, as follows: 1) To permit a minimum interior side yard setback of 0.5 metres to the shed. (BLD A ) Page 15 of 29

16 2) To permit the maintenance of a maximum building height of 2.8 metres for the shed. (BLD A ) 3) To permit the maintenance of two (2) accessory buildings on the subject property. (BLD A&B ) 4) To permit a minimum rear yard setback of metres for the gazebo. (BLD B ) 1) A minimum interior side yard setback of 0.6 metres is required to the shed. (BLD A ) 2) A maximum building height of 2.5 metres is permitted for a shed. (BLD A ) 3) One accessory building is permitted on the subject property. 4) A minimum rear yard setback of 10.0 metres is required for the gazebo. (BLD B ) FILE NO.: A007/05 MARK & JOHANNA GERTZBEIN CONT D On December 20, 2004, the Development Planning Department sent the following comments: The applicant has applied for a variance to permit the maintenance of a cedar garden shed and gazebo in the rear yard. In regards to the shed, the applicant is proposing a minimum interior side yard of 0.5m rather than 0.6m and a maximum building height of 2.8m rather than 2.5m. The applicant is requesting a variance to permit two accessory buildings on the property rather than one. The applicant is also requesting a minimum rear yard setback of 2.74m for the gazebo rather than the required 10.0m. Exception Number 9(1063) requires a minimum 10 metre setback from the OS4 Open Space Woodlot Zone for all buildings, structures, and pools. This setback is required to protect the woodlot from encroachment of building, structures and pools and reduce the impact of these structures on the woodlot. The Development Planning Department recommends that File A007/05 be adjourned sine die until such time that the owner has submitted a woodlot assessment study assessing the impact of the proposed gazebo on the adjacent woodlot to the west. City staff will review the study to determine their recommendation for the gazebo before the Committee of Adjustment considers the application. The woodlot assessment study will assess the woodlot for both health and capacity to withstand the gazebo construction. Capacity to withstand gazebo construction should be evaluated based on the composition and viability of the vegetation unit coupled with the existing soil type, slopes and site drainage and reliance on adjacent vegetation units. Detailed plans and specifications for the woodlot edge preservation should be submitted to the City by the owner prior to Committee of Adjustment consideration. The plans and specifications shall be prepared by a qualified Landscape Architect, Ecologist or Arborist. The plans should include, but not be limited to the: Delineation of the drip line; Surveyed location of specific trees within the impact zone; Trees numbered and tagged in the field; Understory described in detail; Protective fencing delineated; Remedial action delineated. The Development Planning Department has no objections to the proposed variances for the shed, however request that Variance Application A007/05 be adjourned sine die until such time that owner has submitted a woodlot assessment study assessing the impact of the proposed gazebo on the adjacent woodlot to the west. City staff will review the study to determine their recommendation for the above noted application before the Committee of Adjustment considers the application. A letter of strong opposition was hand delivered on January 13, 2005 by Deborah E Lewi, 212 Thornhill Woods Drive,, L4J 8V4. A fax was received January 13, 2005 by Keith Bailey, agent on behalf of the owners, requesting that the application be adjourned sine die to allow time to get a woodlot assessment done as requested for the Development Planning Department. No one appeared on behalf of the application. There was no one in attendance either in support or opposition to the request. Page 16 of 29

17 It was agreed by the Committee of Adjustment to adjourn the application to the January 27, 2005 meeting and for the applicants / agent to be notified of same. MOVED by L. Fluxgold Seconded by M. Panicali AND THAT Application No. A007/05 MARK & JOHANNA GERTZBEIN, be ADJOURNED to the JANUARY 27, 2005 Meeting. MINOR VARIANCE PUBLIC HEARING: 13. FILE NO.: A008/05 ABDUL MOHAR Part of Lot 22, Concession 4, (Lot 34, Registered Plan 65M-2943, municipally known as 60 Inverness Close, Maple). The subject lands are zoned R3, Residential under By-Law 1-88 as amended and further subject to Exception 9(840). The purpose of this application is to request variances to permit the maintenance of an existing side door entrance to the basement 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. An interior side yard of 0.36m to the basement entrance. 2. 1A setback of 1.43m to a door located within the side yard. 1. A minimum required interior side yard of 1.2m. 2. When a doorway is provided in an interior side yard, the minimum setback measured perpendicular from the door to the interior side lot line shall be 1.8 metres. Abdul Mohar, the owner appeared and had nothing to add to the request. There was no one in attendance either in support or opposition to the request. There were no objections from any Departments or Agencies. THAT the Committee is of the opinion that the variances sought can be considered minor and are MOVED by L. Fluxgold Seconded by D. Kang AND THAT Application No. A008/05 ABDUL MOHAR, be APPROVED, in accordance with the sketch attached. 14. FILE NO.: A009/05 CRAFTEX PROPERTY INC. Part of Lot 3, Concession 3, (Part of Block 2, Registered Plan No. 65M-3570, municipally known as 130 Great Gulf Drive, Concord). The subject lands are zoned EM1, Prestige Employment Area, under By-law 1-88 as amended, subject to Exception 9(1103) as amended. Page 17 of 29

18 The purpose of this application is to request a variance to permit the construction of a two storey industrial building as follows: Access to subject lands located on the adjacent property (private road) The owner of every building or structure shall provide and maintain on the lot on which it is erected parking spaces and areas. (Includes Access/driveways) FILE NO.: A009/05 D CRAFTEX PROPERTY INC. CONT D 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 Application File No. A279/04 - Approved October 14, 2004 (Reduction of parking spaces from 100 to 94). Matthew Maiorana appeared as the agent and had nothing to add to the request. There was no one in attendance either in support or opposition to the request. There were no other objections from any Departments or Agencies. THAT the Committee is of the opinion that the variance sought can be considered minor and is MOVED by D. Kang Seconded by M. Panicali AND THAT Application No. A009/05 CRAFTEX PROPERTY INC., be APPROVED, in accordance with the sketch attached. 15. FILE NO.: A010/05 PETER BUTTARAZZI Part of Lot 13, Concession 8, (Part Lot 25, Registered Plan No. 65M-2811, municipally known as 64 Humberview Drive, Woodbridge). The subject lands are zoned R1 - Residential, under By-Law 1-88 as amended and further subject to Exception 9(665). The purpose of this application is to request variances to permit the maintenance of an in ground pool and shed/cabana as follows: 1. Reduction of rear yard setback to an existing accessory structure to 0.0m 2. Reduction of side yard setback to an existing accessory structure to 0.04m 3. Increase in height for an existing accessory structure to 3.15m Page 18 of 29

19 1. Minimum rear yard setback to an accessory structure shall be 0.6m 2. Minimum side yard setback to an accessory structure shall be 0.6m 3. Maximum height of an accessory structure shall not exceed 2.5m from finished grade to the highest point on the structure FILE NO.: A010/05 PETER BUTTARAZZI CONT D On December 21, 2004, the Development Planning Department sent the following comments: The Development Panning Department does not support Variance Application A010/05. The applicant has applied for a variance to permit the maintenance of a shed with a rear yard setback of 0.0m rather than 0.6m and a side yard setback of 0.04m rather than 0.6m. It is also requested that the maximum building height be 3.15m rather than 2.5m. The applicant has indicated that the shed is 8.5sq.m in area. This department does not support the concept of a 0.0m setback. The Development Planning Department does not support Variance application A010/05. This department is of the opinion that the proposed variance application is not appropriate for the development of the lands. On January 13, 2005, the Toronto & Region Conservation Authority sent comments recommending refusal of the application. Comments included their involvement after construction had already been completed and the following update: On January 10, 2005, TRCA staff re-visited the subject property in response to the current variance application. Staff noted to the current agent, Giovanni Tassone, that the proposal, as designed, would not have been supported by the TRCA had the landowners approached our office prior to construction because of the proximity of the hard surfaces to the adjacent slope. Letters of support were received from the following residents: P. Loucopoulos, 54 Humberview Drive, Woodbridge, Ontario, L4H 1B5; and Mr. & Mrs. J. Tavernese, 68 Humberview Drive, Woodbridge, Ontario, L4H 1B5. Giovanni Tassone, appeared as the agent. The Committee asked Mr Tassone to speak to the issues the Toronto & Region Conservation Authority and the Development Planning Department. Mr. Tassone explained that his client was not aware of the rules of the By-law when construction took place and that the letter from the TRCA was not fair to his client. He informed the Committee that he had requested that the TRCA come to the meeting but they would not. The Committee advised Mr. Tassone that zero lot lines are not supported. There was no one in attendance either in support or opposition to the request. There were no other objections from any Departments or Agencies. THAT the Committee is of the opinion that the variances sought cannot 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. MOVED by L. Fluxgold Seconded by M. Panicali AND THAT Application No. A010/05 PETER BUTTARAZZI, be REFUSED. Page 19 of 29

20 MINOR VARIANCE PUBLIC HEARING: 16. FILE NO.: A011/05 DAVID & CELINE NAVARRO Part of Lot 19, Concession 4, (municipally known as 116 Villandry Crescent, Maple). The subject lands are zoned R4 - Residential, under By-Law 1-88 as amended and further subject to Exception 9(495). The purpose of this application is to request variances to permit the maintenance of an enclosed front porch, rear yard open deck/porch/platform from the 2 nd. floor, rear yard addition/solarium, as follows: Increase lot coverage to 49.44% Reduction of rear yard setback to an existing open porch to 6.0m Reduction of rear yard setback to an existing rear addition/solarium to 6.27m Reduction of westerly side yard setback to 0.24m Reduction of easterly side yard setback to 0.72m Maximum lot coverage shall be 40% Minimum rear yard setback to the existing open porch shall be 7.2m Minimum rear yard setback to the existing rear addition/solarium shall be 9m Minimum 0.3m side yard setback where it abuts a side yard of a minimum 1.2m Minimum 1.2m side yard setback at the easterly side property line. Frank Roth, appeared as the agent, and submitted letters of support. The letters of support were signed by the following residents: STEVE GLYKIS FRANK & CLAUDIA TOMINI & JOANNE KATSOURIS 127 VILLANDRY CRES., 122 VILLANDRY CRES., L6A 2P9 L6A 2P9 A011/05 A011/05 ERNESTO VENTURA LAURA SANITA 63 VILLANDRY CRES., L6A 2P9 A011/05 R.J. BARRILLA & P. BARRILLA 123 VILLANDRY CRES., L6A 2P9 A011/05 ANGELA GARIB 50 VILLANDRY CRES., L6A 2P9 A011/05 ANIL KADVE/B.HARATHI 120 VILLANDRY CRES., L6A 2P9 A011/05 There was no one in attendance either in support or opposition to the request. Page 20 of 29

21 There were no objections from any Departments or Agencies. THAT the Committee is of the opinion that the variances sought can be considered minor and are MOVED by L. Fluxgold Seconded by M. Panicali AND THAT Application No. A011/05 DAVID & CELINE NAVARRO, be APPROVED, in accordance with the sketches attached. MINOR VARIANCE PUBLIC HEARING: 17. FILE NO.: FRANK & CONCETTA CONTE Part of Lot 19, Concession 4, (municipally known as 14 Lancer Drive, Maple). The subject lands are zoned R1V, Residential, under By-law 1-88, as amended. The purpose of this application is to request variances to permit the construction of a one storey bay window with a foundation to a two storey dwelling currently under construction, as follows: Maximum Lot Coverage = 20.05% Minimum Front Yard Setback = 9.14m Maximum Lot Coverage for a two story structure = 20% Minimum Front Yard Setback (Original setback of 10.97m minus 10%) = 9.87m 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 File No. A19/03 REFUSED, February 6, 2003, (Lot coverage request 29%) APPEALED TO THE OMB February 26, REFUSED AT THE OMB July 4, (CONSTRUCTION OF THE DWELLING CONFORMED, HOWEVER, THE BAY WINDOW POSED A PROBLEM, HENCE THIS APPLICATION.) 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. Page 21 of 29