The Minutes of the 3 RD.Meeting of the Vaughan Committee of Adjustment for the year 2006 THURSDAY,February 9, :10p.m.

Transcription

1 The Minutes of the 3 RD.Meeting of the Vaughan Committee of Adjustment for the year 2006 THURSDAY,February 9, 2006 Present at the meeting were: 6:10p.m. M. Mauti L. Fluxgold D. H. Kang M. S. Panicali Members of Staff present: Lenore Providence, Assistant to the Secretary-Treasurer Anne Markovsky, Assistant to the Secretary-Treasurer Stephen Lue, & Christina Napoli, Planners Francesco Morea, Plans Examiner INTRODUCTION OF ADDENDUM REPORTS MOVED by L. Fluxgold Seconded by 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# 23, File No. A039/06, COACHWOOD FINANCIAL LTD., as the applicant is a client of his. ADOPTION OR CORRECTION OF MINUTES MOVED by L. Fluxgold Seconded by M. S. Panicali THAT the minutes of the Committee of Adjustment Meeting of Thursday, JANUARY 26, 2006, be adopted as circulated. CARRIED ADJOURNMENTS AND/OR DEFERRALS On February 2, 2006, a fax was received from agent Vince Grillone, requesting that Item# 23, File No. A039/06 COACHWOOD FINANCIAL LTD,. be adjourned to the February 23, 2006 meeting, in order for the applicant/agent to supply a parking study for review by the Engineering Department. The Committee announced that application Item # 31, File No. A054/06 MARY NICOLINI, be adjourned to the February 23, 2006 meeting, in order for the correct local ratepayer to be notified. At this time it was also agreed that a complete re-circulation under the planning act to the public be mailed out. At the hearing, request for the Notice of Decision regarding A054/06 above, were received from Wilfred Chard, 8 Royal Garden Blvd., Woodbridge, Ontario, L4L 7C3; and David Della Torre, 6 Royal Garden Blvd., Woodbridge, Ontario, L4L 7C3. Page 1 of 32

2 ADJOURNMENTS AND/OR DEFERRALS Cont d A written request prior to the hearing was submitted by ANDREW BUDNING, Item # 25, File No. A041/06, requesting to be heard first on the agenda, as he is a physician on call at the Hospital for Sick Children. MOVED by L. Fluxgold Seconded by D. H. Kang THAT Item# 23, File No. A039/06 COACHWOOD FINANCIAL LTD, be adjourned to the February 23, 2006 meeting. THAT Item # 31, File No. A054/06 MARY NICOLINI, be adjourned to the February 23, 2006 meeting. THAT, Item # 25, File No. A041/06 - ANDREW BUDNING, be heard first. It should be noted that M. S. Panicali, abstained from voting on the adjournment for Item # 23, File No. A039/06 - COACHWOOD FINANCIAL LTD., as he declared a conflict of interest at the start of the hearing. CARRIED ADMINISTRATIVE CORRECTIONS NONE. 1. FILE NO.: A041/06 ANDREW & DOREEN BUDNING Part of Lot 6, Concession 2, (Part of Lot 41, Registered Plan No. 3541, municipally known as 54 Lawrie Road, Thornhill). PROPOSAL The subject lands are zoned R3, Residential and subject to the provisions of Exception Number 9(641) under By-law 1-88 as amended. The purpose of this application is to request a variance to permit the maintenance of a two storey single family detached dwelling as follows: 1) To maintain a minimum interior side yard setback of 1.16 metres to the dwelling. By-Law Requirements: 1) A minimum interior side yard setback of 1.2 metres is required to the dwelling. Other Planning Act Applications: Consent File No. B14/01 Creation of a new lot - Approved Jan 11/01, Deeds stamped Aug 3/01 Andrew Budning, the applicant appeared and gave a brief submission regarding the request. Page 2 of 32

3 1. FILE NO.: A041/06 ANDREW & DOREEN BUDNING There were no comments/objections from any Departments or Agencies. The Committee is of the opinion that the variance sought can be considered minor and is desirable for the appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will be maintained. MOVED by M. S. Panicali Seconded by D. H. Kang THAT Application No. A041/06 ANDREW & DOREEN BUDNING, be APPROVED, in accordance with the sketch attached. 2. FILE NO.: A354/05 ALINA FEDONTCHOUK (Previously adjourned from the December 8, 2005, & January 26, 2006 Meetings) Part of Lot 13, Concession 2, (Lot 17, Registered Plan No. 65M-3673, municipally known as 93 Coltrane Drive, Thornhill). PROPOSAL The subject lands are zoned RV3 (WS), Residential Urban Village Zone Three and subject to the provisions of Exception Number 9(1063) under By-Law 1-88 as amended. During the applicant s submission, it was agreed to amend the application, the sketch, and the Notice of Application as follows: minimum rear yard setback of 2.85 metres NOT minimum rear yard setback of 1.9 metres THEREFORE, the purpose of this application is to request a variance to permit the maintenance of a rear yard deck with hot tub as follows: To maintain a minimum rear yard setback of 2.85 metres to the deck and hot tub. By-Law Requirements: A minimum rear yard setback of 10.0 metres is required to the deck and hot tub. On December 8, 2005, the Committee of Adjustment suggested and agreed to adjourn this application to the January 26, 2006 meeting, for the applicant/agent to discuss with the Development Planning Department in amending the rear yard setback to a mutually agreed upon setback. On January 26, 2006, Alina Fedontchouk faxed two amended sketches showing a rear yard setback of 2.0m and of 3.2m. for the Development Planning and the Committee to review and discuss at the meeting. On January 26, 2006, the Development Planning Department sent revised comments stating: Page 3 of 32

4 2. FILE NO.: A354/05 ALINA FEDONTCHOUK (Previously adjourned from the December 8, 2005, & January 26, 2006 Meetings) The Development Planning Department has no objections to the revised Variance Application A354/05, as proposed at 3.2m. The subject lands are designated Low Density Residential by OPA No.600. The subject lands are zoned RV3 (WS), Residential Urban Village Zone Three and subject to the provisions of Exception Number 9(1063) under By-law 1-88, as amended. The applicant has submitted a variance application to permit the maintenance of a wooden deck in the rear yard of a single detached dwelling. The applicant now has two proposals, one at 2.0m rear yard setback and another at 3.2m rear yard setback to the decking. It was originally proposed there would be a 1.9m rear yard setback to the decking around a hot tub rather than the required 10m. The applicant s rear yard abuts an OS4 Open Space Woodlot Zone. The owner has submitted a woodlot assessment study (Arborcorp) assessing the impact of the original deck proposal on the adjacent woodlot. The study notes that sono tube construction was used to support the deck and this type of construction is best used to minimize soil disruption in sensitive root zones. The study has concluded that the deck should not interfere with the viability of any of the trees within the abutting woodlot. The Builder submitted a woodlot assessment study (Aboud & Associates Inc.), which assessed the woodlot and the impact of structures located on Lots 7 to 25 (excluding Lot 15). This report identified there was soil dumped behind the fence of this property. A condition of approval that the soil must be removed to ensure against disturbance to the woodlot understory applies to this lot. This same condition was applied to Lots 16, 18 and 20 (A318/05, A319/05 & A320/05). The Development Planning Department staff have reviewed the submitted study and concluded that the report has been prepared to staff s satisfaction in relation to the recommendation that the structures will cause little to no impact to woodlot edge trees and groundlayer vegetation, subject to the removal of the soil. However, in terms of the revised application, the Development Planning Department can support the proposed 3.2m rear yard setback to the wooden decking. In this proposal, the applicant has increased the interior side yard setback to the deck, which in turn decreased the overall size of the decking around the hot tub. The applicant is willing to compromise their original proposal and this proposal provides adequate open space around the structure for this situation and property. Aaron Spekter appeared as the agent and explained that although amended sketches had been sent in for review, he preferred the 2.0m rear yard setback as anything else would be a major expense. He went on to explain that it was the architect that had made a mistake on the calculations, the contractor had advised the owner not to get a building permit, and that the woodlot assessment showed that the structures had no negative affect or impact. The Committee did explain that they were in favour of the 3.2m setback and that they did not want to set a precedent for the future. After much discussion with the agent, the Building Department and the Planning Department representatives, the Committee suggested that the application be adjourned again to the February 9, 2006 meeting. Mr. Spektor agreed to get accurate measurements for the height of the deck, the setback to the first step, and setback to the hot tub. On February 9, 2006, Aaron Spekter, the designated agent appeared submitting a sketch showing a revised rear yard setback to the deck and hot tub of 2.85m All parties agreed that this is an acceptable setback. There was no one in attendance either in support or opposition to the request. Page 4 of 32

5 There were no other comments/objections from any Departments or Agencies. 2. FILE NO.: A354/05 ALINA FEDONTCHOUK (Previously adjourned from the December 8, 2005, & January 26, 2006 Meetings) 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 L. Fluxgold Seconded by M. Panicali THAT Application No. A354/05 ALINA FEDONTCHOUK, be APPROVED, as AMENDED, in accordance with the sketch attached, and subject to the following conditions; 1. That the soil dumped behind the rear yard fence of Lot 17, shall be removed, if required, to the satisfaction of the Development Planning Department; 2. That if the condition listed above is not fulfilled and the Building Permit is not applied for within twelve (12) months of the date this decision becomes final and binding, the said decision shall expire and shall be deemed to have been annulled and rescinded by the Committee.(PLEASE NOTE THAT THIS TIME PERIOD CANNOT BE EXTENDED IN ANY WAY, FAILURE TO MEET THIS DEADLINE WILL RESULT IN REQUIRING A NEW APPLICATION AND FEE.) 3. FILE NO: A021/06 EMILIO MAMMONE (PREVIOUSLY ADJOURNED FROM THE JANUARY 26, 2006 MEETING Part of Lot 30, Concession 3, (Part of Lot 368, Registered Plan No. 65M-3556, municipally known as 47 Country Drive Lane, Maple). PROPOSAL The subject lands are zoned RV4, Residential Urban Village Zone Four under By-law 1-88 subject to Exception 9(946) as amended. The purpose of this application is to request a variance to permit the maintenance of a rear yard deck of an existing two storey semi-detached dwelling as follows: Minimum rear yard setback to uncovered deck = 4.0m. By-Law Requirements: Minimum rear yard setback to uncovered deck = 5.7m During the application process the applicant submitted letters of support from the following residents: Don George & Nathalie Monette, 49 Country Drive,, L6A 3S7; Sonia Pitter, 45 Country Drive Lane,, L6A 3S7; Patrick Martineau, 41 Country Drive Lane,, L6A 3S7; Nectaria Palermo, 51 Country Drive Lane,, L6A 3S7. On February 7, 2006, letters were received from Dr. C.M. Paulaitis, 1223 St. Clair Ave., West, Page 5 of 32

6 Suite 301, Toronto, Ontario, M6E 1B5; Dr. Jerry J. I. Cooper, 2100 Finch Ave., West, suite 106A, Downsview, Ontario, M3N 2Z9. In their support letters they indicated several concerns they had with respect to Mr. Mammone s health condition. 3. FILE NO: A021/06 EMILIO MAMMONE (PREVIOUSLY ADJOURNED FROM THE JANUARY 26, 2006 MEETING On February 8, 2006 a letter of support was received from a friend of the applicant, Lucy Spezzano, 137 Albany Drive, Woodbridge, Ontario, L4L 2X6, making reference to his health. On February 8, 2006 a petition of support was submitted from the following residents: Julia Schult 130 Village Vista Way L6A 3S5 Emilio & Nancy Leonardis 58 Country Drive Lane L6A 3T2 Yien Cheun Manotham 10 Village Vista Way L6A 3S3 Gabriella Brilhante 23 Village Vista Way L6A 3Y2 Guenadi Fomenko 24 Village Vista Way L6A 3S3 Kevin Gill 18 Lodgeway Drive L6A 3S3 Collis & Marsha Gray 6 Lodgeway Drive L6A 3S3 L. Grise 5 Lodgeway Drive L6A 3S3 Joe Schembri 19 Lodgeway Drive B. Modzelewski 76 Village Vista Way L6A 3S4 Manuel Ramirez 38 Lodgeway Drive L6A 3T2 Laura Cone 16 Village Vista Way L6A 3S3 Natalie Caputo 27 Village Vista Way L6A 3S3 Tanya Silva 22 Village Vista Way L6A 3S3 Peter Campbell 14 Lodgeway Drive L6A 3S3 Monica Imbrogno 4 Lodgeway Drive L6A 3S3 Occupant 9 Lodgeway Drive L6A 3S3 Patricia Caicedo 21 Lodgeway Drive Sobhani Mojtaba 30 Country Drive Lane Vadim Dolgov 36 Lodgeway Drive L6A 3T2 Albert Rishes 25 Village Vista Way L6A 3Y2 Chris Adap 28 Village Vista Way L6A 3S3 Mike Dennehy 24 Lodgeway Drive Melissa Buggemi 10 Lodgeway Drive L6A 3S3 Thi Moi Ly 1 Lodgeway Drive L6A 3S3 Mike Vendemini 15 Lodgeway Drive L6A 3S3 Joe Caron 35 Lodgeway Drive Page 6 of 32

7 Sandra Morra 31 Lodgeway Drive Tony Vendemini 64 Lodgeway Drive L6A 3S5 Liliana Hortado 29 Country Drive Lane Rui Almeida 24 Country Drive Lane Gaspare Adragna 38 Country Drive Lane Noe Paolicelli 48 Country Drive Lane L6A 3S7 Andrea & Diana Palermo 126 Village Vista Way L6A 3S5 Ferruccio Cristofoli 40 Lodgeway Drive Francisco Vineuza 124 Village Vista Way L6A 3S5 Pedro Acmeida 35 Country Drive Lane Cathy Addante 31 Country Drive Lane Ken Liew 36 Country Drive Lane Michael Castagne Veronica Sinclair 20 Lodgeway Drive Ratha, In 42 Lodgeway Drive Quazi Mohamed 68 Lodgeway Drive L6A 3S5 Raul Castro 39 Country Drive Lane Brad Peddle 32 Country Drive Lane Joe Grossi 46 Country Drive Lane L6A 3S7 Huber & Adriana Vallejo 37 Country Drive Lane L6A 3S7 On February 8, 2006 a petition of objection and request for the Notice of Decision was received from the following residents: Shawn Dickie 56 Lodgeway Drive L6A 3S5 Tal Bolla 44 Lodgeway Drive Sivarajah Arulrajan 64 Lodgeway Drive L6A 3S5 J & P Riccio 69 Lodgeway Drive L6A 3S4 Paula Al-Mawagdeh 54 Lodgeway Drive L6A 3S5 Z & S Hryn 39 Lodgeway Drive G. Kerr-Mercer 65 Lodgeway Drive L6A 3S4 Dina Pidone 73 Lodgeway Drive L6A 3S4 S & C Lewkowicz-Walker 48 Lodgeway Drive L6A 3S5 Kim Moyles 47 Lodgeway Drive L6A 3S4 Frank Femia 67 Lodgeway Drive L6A 3S4 Ratha In 42 Lodgeway Drive Page 7 of 32

8 F. Cristofoli 40 Lodgeway Drive Brendalyn Morgan 45 Lodgeway Drive L6A 3S4 E. Tupyitupa 72 Lodgeway Drive L6A 3S5 Alex Kushnarevsky 50 Lodgeway Drive L6A 3S5 Edna & Marlon Bennett 58 Lodgeway Drive L6A 3S5 Stacy & Richard Coolman 53 Lodgeway Drive L6A 3S4 Laurie Ross 37 Lodgeway Drive Phil Teti 171 Ravineview Drive L6A 3T2 Rashid Mahmood 22 Country Drive Lane Maria Caron 35 Lodgeway Drive Jose Mendoza 59 Lodgeway Drive L6A 3S4 Sevin Erteki 193 Ravine View Drive L6A 3T2 Ada Ghilardi 46 Lodgeway Drive L6A 3S5 Rosauro Gallano 49 Lodgeway Drive L6A 3S4 Steve & Veronica Reis 60 Lodgeway Drive L6A 3S5 Lorna Lindo 71 Lodgeway Drive L6A 3S4 Giuseppe Panza 177 Ravineview Drive L6A 3T2 Cheryl Stickley 26 Country Drive Lane Pat Richards 41 Lodgeway Drive Quazie Mohamed 68 Lodgeway Drive L6A 3S5 Arni Reyes 75 Lodgeway Drive L6A 3S4 J. & J Paragua 70 Lodgeway Drive L6A 3S5 Jason Palmer 51 Lodgeway Drive L6A 3S4 Manuel & Concipcion Ramirez 38 Lodgeway Drive Munirudeen Adesegun 167 Ravineview Drive L6A 3T2 S. Fatehzadah 183 Ravineview Drive L6A 3T2 Below is the order of the residents as they spoke in support of or in opposition to this application. Nectaria Palermo, 51 Country Drive Lane,, L6A 3S7, appeared in support and also requested a Notice of Decision. Shawn Dickie, 56 Longeway Drive,, L6A 3S5, appeared in opposition and requested a Notice of Decision. The Committee asked Mr. Dickie if the applicant approached him prior to building the deck. Mr. Dickie said no. Paula Al-Mawagdeh, 54 Longeway Drive,, L6A 3S5, appeared in opposition and requested a Notice of Decision Kimberly Moyles, 47 Longeway Drive,, L6A 3S4, appeared in opposition and requested a Notice of Decision. Page 8 of 32

9 Alex Kuyshnarevsky, 50 Longeway Drive,, L6A 3S5, appeared in opposition and requested a Notice of Decision. Paul Paredes, 52 Country Drive Lane,, L6A 3S5, appeared in support and also requested a Notice of Decision. Page 9 of 32

10 3. FILE NO: A021/06 EMILIO MAMMONE (PREVIOUSLY ADJOURNED FROM THE JANUARY 26, 2006 MEETING Emilio Mammone, the applicant appeared on his own behalf and gave a brief submission regarding the request. Rui Almeida, 24 Country Drive Lane,,, appeared in support and also requested a Notice of Decision. Lucy Spezzano, 137 Albany Drive, Woodbridge, Ontario, L4L 2X6, a friend of the applicant spoke in support, also request a Notice of the Decision. The resident at 40 Country Drive Lane,,, appeared in support. Steve Reis, 60 Lodgeway Drive,, L6A 3S5, appeared in opposition and also requested a Notice of Decision. Frank Bertucci, P.O. Box 711,, L6A 1S7, was the contractor that had constructed some of the fences in this area. He stated to the committee the fact that the grading is not consistent throughout this area resulting in problems for residents. The Committee made it clear that they are not looking at any fence issues, only the variance that has been applied for. Emilio Mammone, took to the podium again and presented the committee with photographs showing the back yards with decks and the fences. He stated that the fence was erected on his property. A question arose that perhaps the 4.0m setback may not be a correct measurement. The committee again stated they are not looking at the fence issues. The Committee stated that because this is a new area, they would like to have a proper measurement of the setback, as to not set a precedent for future applications. The Committee requested that this item be adjourned in order for the appropriate City Department to go out and measure the setback. There was no one else in attendance either in support of or in opposition to the request. There were no objections/comments from any Departments or Agencies. MOVED by M. S. Panicali Seconded by D. H. Kang THAT Application No. A021/06 EMILIO MAMMONE, be ADJOURNED, to the February 23, 2006 meeting. 4.& 5. FILE NOS: A031/06, A032/06 HUMBERPLEX DEVELOPMENTS INC. (Previously adjourned from the January 26, 2006 Meeting) Part of Lot 27, Concession 8, (Lots 97 & 98, Draft Plan No. 19T-01V04, municipally known as 21 & 27 Rainbow s End, Kleinburg). Page 10 of 32

11 4.& 5. FILE NOS: A031/06, A032/06 HUMBERPLEX DEVELOPMENTS INC. (Previously adjourned from the January 26, 2006 Meeting) PROPOSAL The subject lands are zoned R1, Residential under By-law 1-88 as amended and further subject to Exception 9(1162). The purpose of these applications is to request variances to permit the construction of a one storey single family detached dwelling, per lot, as follows: A031/06 21 Rainbow s End A032/06 27 Rainbow s End Maximum Lot Coverage of 40.05% Maximum Lot Coverage of 41.05% By-law Requirements: By-law Requirements: Maximum Lot Coverage of 35% Maximum Lot Coverage of 35% On January 20, 2006 a letter of opposition was received from GR Klein, Kleinburg and Area Ratepayers Association, P.O. Box 202, Kleinburg, Ontario, L0J 1C0. Bryan Schilling, appeared as the designated agent and gave a brief submission regarding the request. There were no objections/comments from any Departments or Agencies. The Committee is of the opinion that the variances sought can be considered minor and are desirable for the appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will be maintained. MOVED by D. H. Kang Seconded by L. Fluxgold THAT Application Nos. A031/06, A032/06 HUMBERPLEX DEVELOPMENTS INC., be APPROVED, in accordance with the attached sketches. MOVED by L. Fluxgold Seconded by M. S. Panicali THAT Item # 24, File No. A040/06 - CHABAD LUBAVITCH OF SOUTHERN ONTARIO, be heard next. 6. FILE NO.: A040/06 CHABAD LUBAVITCH OF SOUTHERN ONTARIO Part of Lot 27, Concession 1, (Blocks 7 & 8, Registered Plan No. M-2041, municipally known as 770 Chabad Gate, Thornhill). The subject lands are zoned RM2, Residential and subject to the provisions of Exception Number 9(468) under By-law 1-88 as amended. Page 11 of 32

12 6. FILE NO.: A040/06 CHABAD LUBAVITCH OF SOUTHERN ONTARIO The purpose of this application is to request variances to permit the construction of a new entrance vestibule with elevator, to enlarge a multi-purpose room, and to add pool storage to an existing community centre as follows: 1.)To permit a minimum front yard setback of 11.3 metres to the addition for the community centre. 2) To permit a minimum exterior side yard setback of 7.2 metres to the addition for the community centre. 3) To permit a minimum rear yard setback of 11.6 metres to the addition for the pool house. 4) To permit a minimum of 94 required parking spaces. By-Law Requirements: 1.) A minimum front yard setback of 15.0 metres is required to the addition for the community centre. 2) A minimum exterior side yard setback of 15.0 metres is required to the addition for the community centre. 3) A minimum rear yard setback of 15.0 metres is required to the addition for the pool house. 4) A minimum of 167 parking spaces are required. Other Planning Act Applications: Site Plan Amendment DA Approved On January 30, 2006 the Engineering Department made the following written comments: A Parking Study in support of the above noted application is to be submitted for review and approval. We request that this application be adjourned until all concerns with respect to parking are addressed to the satisfaction of the Engineering Department (Transportation Section). On January 31, 2006 the Development Planning Department made the following written comments: The Development Planning Department has no objections to the requested setback variances as requested, however supports the Engineering Department s request that the application be adjourned until a parking study has been submitted for review by staff. On February 6, 2006 the Engineering Department submitted revised comments removing the Parking Study requirement. On February 8, 2006, the Development Planning Department made the following written comments: The Engineering Department now has no comment or conditions related to this application and are no longer requesting a parking study. The requested parking variance is basically recognizing the existing parking situation on site. Development Planning staff are presently processing an amending site plan application to facilitate the proposed additions. Richard Idels, appeared as the designated agent on behalf of the applicant and gave a brief submission regarding the request. A Committee member asked the Planning Department what constitutes a parking study. The representative from Planning stated that if the proposed is greater than 10%, a parking study is required. There were no other objections/comments from any Departments or Agencies. The Committee is of the opinion that the variances sought can be considered minor and are desirable for the appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will be maintained. Page 12 of 32

13 6. FILE NO.: A040/06 CHABAD LUBAVITCH OF SOUTHERN ONTARIO MOVED by L. Fluxgold Seconded by D. H. Kang THAT Application No. A040/06 CHABAD LUBAVITCH OF SOUTHERN ONTARIO, be APPROVED, in accordance with the sketch attached. CONSENT PUBLIC HEARING: 7. FILE NO: B010/ KEELE STREET DEVELOPMENTS Part of Lot 3, Concession No. 4, Reference Plan 65R-28405, (Lots 3, 4, 5, municipally known as 7300 & 7330 Keele Street, Concord.) Prior to the hearing the applicant amended the Sketch by moving the easement to the south, as per request from the Ontario Ministry of Transportation Purpose and Effect THEREFORE, the purpose of this application is to request the consent of the Committee of Adjustment to grant an easement in favour of the lands to the WEST, (Keele Snider Developments), to provide services to the adjacent site being PART 1, and retain the lands PART 2, for office development. Note: The intent for Part 3 B is for future disposition to the Ministry of Transportation (Hwy 407). The subject lands are zoned PBM1, Parkway Belt Restricted Industrial under By-law 1-88 as amended. The subject land is vacant and a service easement is proposed. The retained lands are vacant and two office buildings are proposed on Part 2. Other Planning Act Applications: Minor Variance Application File No. A339/04 - APPROVED November 4, 2004, for lot coverage of 40%, By-Law is 20%. Consent Application File No. B011/05 - APPROVED February 24, 2005, creation of a new lot for industrial purposes, Certificate issued November 1, Site Development Application File No. DA APPROVED by Council June 7, Minor Variances File Nos. A190/05 & A191/05 APPROVED July 21, 2005, for a number of variances for the construction of office buildings. On February 3, 2006 the Development Planning Department made the following written comments: The Development Planning Department recommends that Consent Application B010/06 be adjourned until such time when the applicant has determined the appropriate location for the service easement to the satisfaction of MTO. Page 13 of 32

14 On February 7, 2006 the applicant revised the sketch by moving the easement to the south. CONSENT PUBLIC HEARING: 7. FILE NO: B010/ KEELE STREET DEVELOPMENTS On February 7, 2006, a fax was received from MTO, stating they have reviewed the revised sketch and have no further concerns,. On February 8, 2006 the Development Planning Department made the following written comments: As a result of the revised comments from MTO, the Development Planning Department now has no objections to Consent Application B010/06. Davide Pellegrini, from A. Baldassarra Architect Inc. appeared as the designated agent and gave a brief submission regarding the request. There were no other comments/objections from any Department or Agencies. MOVED by M. S. Panicali Seconded by L. Fluxgold THAT Application No. B010/ KEELE STREET DEVELOPMENTS, be APPROVED, as AMENDED, in accordance with the sketch attached and subject to the following conditions: NOTE: All conditions below must be fulfilled and clearance letters must be received by the Secretary-Treasurer before any cheques can be accepted and Certificate of Official can be issued. 1. That the owner shall pay all taxes as levied, if required, to the satisfaction of the Reserves & Investments Department. Payment shall be made by certified cheque; (contact Terry Liuni in the Reserves & Investments Department to have this condition cleared). 2. This consent is given on the express understanding that Subsection 3 or Subsection 5 of Section 50 of the Planning Act shall apply to any subsequent conveyance in respect to the subject lands. 3. That the applicant provide to the Secretary Treasurer a letter of undertaking, stating that the lands in question are in favour of or taken into the title of the lands to the WEST, (Keele Snider Developments), 4. Submission to the Secretary-Treasurer of FOUR (4) white prints of a registered deposited reference plan of survey, showing the subject land which conforms with the application submitted and which shows the dimensions and areas of each part shown on the plan; 5. Upon fulfilling and complying with all of the above-noted conditions, the Secretary- Treasurer of the Committee of Adjustment must be provided with a letter and three (3) copies of a legal size (8.5 by 14 ) Schedule Page, in a format satisfactory to the Secretary-Treasurer, from the Applicant s solicitor confirming the legal description of the subject lands, sufficient for registration purposes the Schedule Page will be an attachment to the Certificate. Upon being satisfied with said legal description and upon all other conditions for the consent having been satisfied, the Secretary-Treasurer shall provide a Certificate of Official to the applicant in accordance with Section 53(42) of the Planning Act, R.S.O. 1990, as amended; Page 14 of 32

15 6. A fee of $ made payable to the Treasurer City of Vaughan shall, be submitted to the Secretary Treasurer for the issuance of the Certificate/stamping of the deeds. It will be necessary to allow up to three (3) working days after all conditions have been fulfilled and documentation filed. Same day service is also available for an additional cost of $145.00, provided all conditions of approval have been fulfilled and all required documents are submitted by 11:30 am that day; Page 15 of 32

16 CONSENT PUBLIC HEARING: 7. FILE NO: B010/ KEELE STREET DEVELOPMENTS 7. Prior to the issuance of a building permit, if required, the applicant shall fulfil and comply with all of the above noted consent conditions; 8. FILE NO: B011/06 KEELE SNIDER DEVELOPMENTS Part of Lot 3, Concession No. 4, Reference Plan 65R-28405,(Lots 1, 2, municipally known as 40 Snidercroft Road, Concord.) Purpose and Effect The purpose of this application is to request the consent of the Committee of Adjustment to convey a parcel of land Part 2, on the attached sketch as an addition to an existing lot taken into the title of the lands to the EAST, being PARTS 3, 4, 5, (for 7330 Keele Street Developments), together with and subject to all required easements and right of ways, if required, presently vacant lands, and retain the lands for industrial development purposes. Note: The intent for Part 2 A is for future disposition to the Ministry of Transportation (Hwy 407). The subject lands are zoned PBM1, Parkway Belt Restricted Industrial under By-law 1-88 as amended. The subject lands are vacant. The retained lands are currently vacant and an industrial building is proposed. Other Planning Act Applications: Minor Variance Application File No. Consent Application File No. A339/04 - APPROVED November 4, 2004, for lot coverage of 40%, By-Law is 20%. B011/05 - APPROVED February 24, 2005, creation of a new lot for industrial purposes, Certificate issued November 1, Site Development Application File No. DA APPROVED by Council June 7, Minor Variances File Nos. A190/05 & A191/05 APPROVED July 21, 2005, for a number of variances for the construction of office buildings. Davide Pellegrini, from A. Baldassarra Architect Inc. appeared as the designated agent and gave a brief submission regarding the request. There were no comments/objections from any Departments or Agencies. MOVED by D. H. Kang Seconded by L. Fluxgold THAT Application No. B011/06 - KEELE SNIDER DEVELOPMENTS, 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 Page 16 of 32

17 can be issued. CONSENT PUBLIC HEARING: 8. FILE NO: B011/06 KEELE SNIDER DEVELOPMENTS 1. That the owner shall pay all taxes as levied, if required, to the satisfaction of the Reserves & Investments Department. Payment shall be made by certified cheque; (contact Terry Liuni in the Reserves & Investments Department to have this condition cleared). 2. This consent is given on the express understanding that Subsection 3 or Subsection 5 of Section 50 of the Planning Act shall apply to any subsequent conveyance in respect to the subject lands. 3. That the applicant provide to the Secretary Treasurer a letter of undertaking, stating that the lands in question are in favour of or taken into the title of the lands to the EAST, (7330 Keele Street Developments); 4. Submission to the Secretary-Treasurer of FOUR (4) white prints of a registered deposited reference plan of survey, showing the subject land which conforms with the application submitted and which shows the dimensions and areas of each part shown on the plan; 5. Upon fulfilling and complying with all of the above-noted conditions, the Secretary- Treasurer of the Committee of Adjustment must be provided with a letter and three (3) copies of a legal size (8.5 by 14 ) Schedule Page, in a format satisfactory to the Secretary-Treasurer, from the Applicant s solicitor confirming the legal description of the subject lands, sufficient for registration purposes the Schedule Page will be an attachment to the Certificate. Upon being satisfied with said legal description and upon all other conditions for the consent having been satisfied, the Secretary-Treasurer shall provide a Certificate of Official to the applicant in accordance with Section 53(42) of the Planning Act, R.S.O. 1990, as amended 6. A fee of $ made payable to the Treasurer City of Vaughan shall, be submitted to the Secretary Treasurer for the issuance of the Certificate/stamping of the deeds. It will be necessary to allow up to three (3) working days after all conditions have been fulfilled and documentation filed. Same day service is also available for an additional cost of $145.00, provided all conditions of approval have been fulfilled and all required documents are submitted by 11:30 am that day; 7. Prior to the issuance of a building permit, if required, the applicant shall fulfil and comply with all of the above noted consent conditions; PLEASE NOTE: 1. That the payment of the Regional Development Charge is payable to the City of Vaughan before issuance of a building permit in accordance with the Development Charges Act and the Regional Development Charges By-law in effect at the time of payment. 2. That the payment of the City Development Charge is payable to the City of Vaughan before issuance of a building permit in accordance with the Development Charges Act and the City's Development Charges By-law in effect at the time of payment. 3. That the payment of the Education Development Charge is payable to the City of Vaughan before issuance of a building permit in accordance with the Development Charges Act and the Boards of Education By-laws in effect at the time of payment 4. That the payment of Special Area Development charge is payable to the City of Vaughan before issuance of a building permit in accordance with the Development Charges Act and The City's Development Charge By-law in effect at the time of Building permit issuance, if required, to the satisfaction of the Reserves/Capital Department; Page 17 of 32

18 CONSENT AND 9. FILE NOS.: B012/06 & A042/06 & ONTARIO INC., (NUNZIO BIANCHI) Part of Lot 5, Concession 9, (Lots 20, 21, Reference Plan 65R-27456, located at the South West corner of Highway 7 & 27, Woodbridge.) Purpose and Effect B012/06 -.The purpose of this application is to request the consent of the Committee of Adjustment to grant an easement in favour of the lands to the SOUTH, ( Ontario Inc., - same owner different company), to provide shared access, and retain the lands for office commercial development. The subject lands are zoned EM3, Retail Warehouse zone under By-law 1-88 as amended and further subject to exception 9(1013). A042/06 - The applicant is requesting a variance to facilitate the severance of the total lands, (consent Application B012/06 SUBJECT LAND easement in favour of the lands to the SOUTH), with respect to shared access. Shared access to the premises. By-Law Requirements: The owner of every building or structure shall provide and maintain parking areas and spaces for the sole use of the owner, occupant or other persons entering upon said premises. Other Planning Act Applications: Consent Application File Nos. B034/04, B035/04 APPROVED July 8, 2004, creation of new lots for employment - commercial/industrial buildings. Certificates issued October 28, Nunzio Bianchi, appeared and gave a brief submission regarding the request. There were no comments/objections from any Departments or Agencies. MOVED by D. H. Kang Seconded by L. Fluxgold THAT Application No. B012/ ONTARIO INC., (NUNZIO BIANCHI), be APPROVED, in accordance with the sketch attached and subject to the following conditions: NOTE: All conditions below must be fulfilled and clearance letters must be received by the Secretary-Treasurer before any cheques can be accepted and Certificate of Official can be issued. 1. That the owner shall pay all taxes as levied, if required, to the satisfaction of the Reserves & Investments Department. Payment shall be made by certified cheque; (contact Terry Liuni in the Reserves & Investments Department to have this condition cleared). 2. This consent is given on the express understanding that Subsection 3 or Subsection 5 of Section 50 of the Planning Act shall apply to any subsequent conveyance in respect Page 18 of 32

19 to the subject lands. CONSENT AND Cont d 9. FILE NOS.: B012/06 & A042/06 & ONTARIO INC., (NUNZIO BIANCHI) 3. That the applicant provide to the Secretary Treasurer a letter of undertaking, stating that the lands in question are in favour of or taken into the title of the lands to the SOUTH, ( Ontario Inc.); 4. That the corresponding Minor Variance Application File No. A042/ ONTARIO INC., (NUNZIO BIANCHI), be approved; 5. Submission to the Secretary-Treasurer of FOUR (4) white prints of a registered deposited reference plan of survey, showing the subject land which conforms with the application submitted and which shows the dimensions and areas of each part shown on the plan; 6. Upon fulfilling and complying with all of the above-noted conditions, the Secretary- Treasurer of the Committee of Adjustment must be provided with a letter and three (3) copies of a legal size (8.5 by 14 ) Schedule Page, in a format satisfactory to the Secretary-Treasurer, from the Applicant s solicitor confirming the legal description of the subject lands, sufficient for registration purposes the Schedule Page will be an attachment to the Certificate. Upon being satisfied with said legal description and upon all other conditions for the consent having been satisfied, the Secretary-Treasurer shall provide a Certificate of Official to the applicant in accordance with Section 53(42) of the Planning Act, R.S.O. 1990, as amended 7. A fee of $ made payable to the Treasurer City of Vaughan shall, be submitted to the Secretary Treasurer for the issuance of the Certificate/stamping of the deeds. It will be necessary to allow up to three (3) working days after all conditions have been fulfilled and documentation filed. Same day service is also available for an additional cost of $145.00, provided all conditions of approval have been fulfilled and all required documents are submitted by 11:30 am that day; 8. Prior to the issuance of a building permit, if required, the applicant shall fulfil and comply with all of the above noted consent conditions; 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 L. Fluxgold THAT Application No. A042/ ONTARIO INC., (NUNZIO BIANCHI), be APPROVED, in accordance with the sketch attached and subject to the following conditions. 1. That the corresponding Consent Application File No. B012/ ONTARIO INC., (NUNZIO BIANCHI), be approved; 2. That if the condition(s) listed above is/are not fulfilled and the Building Permit is not applied for within twelve (12) months of the date this decision becomes final and binding, the said decision shall expire and shall be deemed to have been annulled and rescinded by the Committee.(PLEASE NOTE THAT THIS TIME PERIOD CANNOT BE EXTENDED IN ANY WAY, FAILURE TO MEET THIS DEADLINE WILL RESULT IN REQUIRING A NEW APPLICATION AND FEE.) Page 19 of 32

20 CONSENT AND 11. FILE NOS.: B013/06 & A043/06 & ONTARIO INC., (NUNZIO BIANCHI) Part of Lot 5, Concession 9, (Lots 22, 23, 24, Reference Plan 65R-27456, municipally known as 7500 Highway No. 27, Woodbridge.) Purpose and Effect B013/06 - The purpose of this application is to request the consent of the Committee of Adjustment to grant an easement marked "A" on the attached sketch in favour of the lands to the NORTH, ( Ontario Inc., - same owner different company), to provide shared access, and retain the lands marked B on the attached sketch for industrial/commercial purposes. The subject lands are zoned EM3, Retail Warehouse zone under By-law 1-88 as amended and further subject to exception 9(1013). The retained lands have an existing building and one building is proposed. A043/06 - The applicant is requesting a variance to facilitate the severance of the total lands, (consent Application B013/06 SUBJECT LAND easement in favour of the lands to the NORTH), with respect to shared access. Shared access to the premises. By-Law Requirements: The owner of every building or structure shall provide and maintain parking areas and spaces for the sole use of the owner, occupant or other persons entering upon said premises. Other Planning Act Applications: Consent Application File Nos. B034/04, B035/04 APPROVED July 8, 2004, creation of new lots for employment - commercial/industrial buildings. Certificates issued October 28, Nunzio Bianchi, the applicant appeared and gave a brief submission regarding the request. There were no comments/objections from any Departments or Agencies. MOVED by M. S. Panicali Seconded by L. Fluxgold THAT Application No. B013/ ONTARIO INC., (NUNZIO BIANCHI), be APPROVED, in accordance with the sketch attached and subject to the following conditions: NOTE: All conditions below must be fulfilled and clearance letters must be received by the Secretary-Treasurer before any cheques can be accepted and Certificate of Official can be issued. 1. That the owner shall pay all taxes as levied, if required, to the satisfaction of the Reserves & Investments Department. Payment shall be made by certified cheque; (contact Terry Liuni in the Reserves & Investments Department to have this condition cleared). Page 20 of 32

21 CONSENT AND Cont d 11. FILE NOS.: B013/06 & A043/06 & ONTARIO INC., (NUNZIO BIANCHI) 2. This consent is given on the express understanding that Subsection 3 or Subsection 5 of Section 50 of the Planning Act shall apply to any subsequent conveyance in respect to the subject lands. 3. That the applicant provide to the Secretary Treasurer a letter of undertaking, stating that the lands in question are in favour of or taken into the title of the lands to the NORTH, ( Ontario Inc., 4. That the corresponding Minor Variance Application File No. A043/ ONTARIO INC., (NUNZIO BIANCHI), be approved; 5. Submission to the Secretary-Treasurer of FOUR (4) white prints of a registered deposited reference plan of survey, showing the subject land which conforms with the application submitted and which shows the dimensions and areas of each part shown on the plan; 6. Upon fulfilling and complying with all of the above-noted conditions, the Secretary- Treasurer of the Committee of Adjustment must be provided with a letter and three (3) copies of a legal size (8.5 by 14 ) Schedule Page, in a format satisfactory to the Secretary-Treasurer, from the Applicant s solicitor confirming the legal description of the subject lands, sufficient for registration purposes the Schedule Page will be an attachment to the Certificate. Upon being satisfied with said legal description and upon all other conditions for the consent having been satisfied, the Secretary-Treasurer shall provide a Certificate of Official to the applicant in accordance with Section 53(42) of the Planning Act, R.S.O. 1990, as amended. 7. A fee of $ made payable to the Treasurer City of Vaughan shall, be submitted to the Secretary Treasurer for the issuance of the Certificate/stamping of the deeds. It will be necessary to allow up to three (3) working days after all conditions have been fulfilled and documentation filed. Same day service is also available for an additional cost of $145.00, provided all conditions of approval have been fulfilled and all required documents are submitted by 11:30 am that day; 8. Prior to the issuance of a building permit, if required, the applicant shall fulfil and comply with all of the above noted consent conditions; 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 Seconded by L. Fluxgold THAT Application No. A043/ ONTARIO INC., (NUNZIO BIANCHI), be APPROVED, in accordance with the sketch attached and subject to the following conditions. 1. That the corresponding Consent Application File No. B013/ ONTARIO INC., (NUNZIO BIANCHI), be approved; 2. That if the condition(s) listed above is/are not fulfilled and the Building Permit is not applied for within twelve (12) months of the date this decision becomes final and binding, the said decision shall expire and shall be deemed to have been annulled and rescinded by the Committee.(PLEASE NOTE THAT THIS TIME PERIOD CANNOT BE EXTENDED IN ANY WAY, FAILURE TO MEET THIS DEADLINE WILL RESULT IN REQUIRING A NEW APPLICATION AND FEE.) Page 21 of 32

22 CONSENT AND 13 FILE NOS.: B014/06, A047/06, B015/06, & A048/06 to 16. ZANPAS INVESTMENT INC. and ONTARIO LIMITED Part of Lot 5, Concession 8, (Lot 3 and Lot 4 respectively, Registered Plan 65M-2464, municipally known as 7685 Martin Grove Road (B014/06) and 7625 and 7635 Martin Grove Road (B015/06), Woodbridge). B014/06 -The subject lands are zoned C2, General Commercial zone under By-Law 1-88 as amended and further subject to Exception 9(664). B015/06 - The subject lands are zoned C2, General Commercial under By-Law 1-88 as amended and further subject to Exception 9(854). Purpose and Effect B014/06 - The purpose of this application is to request the consent of the Committee of Adjustment to grant an easement marked "A" on the attached sketch, in favour of the lands to the south, for access to parking area purposes and retain the lands marked B on the attached sketch for commercial purposes. B015/06 - The purpose of this application is to request the consent of the Committee of Adjustment to grant an easement marked "A" on the attached sketch, in favour of the lands to the north, for access to parking area purposes and retain the lands marked B on the attached sketch for commercial purposes. Both subject lands have two car dealerships and both retain lands are vacant. A047/06 - ZANPAS INVESTMENT INC., with respects to Part of Lot 5, Concession 8, (Lot 3, Registered Plan 65M-2464, municipally known as 7685 Martin Grove Road, Woodbridge). The subject lands are zoned C2, General Commercial zone under By-Law 1-88 as amended and further subject to Exception 9(664). A048/06 - AND IN THE MATTER OF an application by ONTARIO LIMITED, with respects to Part of Lot 5, Concession 8, (Lot 4, Registered Plan 65M-2464, municipally known as 7625 and 7635 Martin Grove Road, Woodbridge). The subject lands are zoned C2, General Commercial under By-Law 1-88 as amended and further subject to Exception 9(854). The applicants are requesting variances to facilitate consent applications over the total lands (Consent Applications B014/06, and B015/06 (respectively), to grant easements for shared access to parking areas) while maintaining existing industrial buildings located on the existing lots, notwithstanding, the proposed changes to the existing By-Law & current By-Law requirements are as follows: By-Law Requirements: 1. Shared access to parking areas and spaces. 1. The owner of every building or structure shall provide and maintain parking areas and spaces for the sole use of the owner, occupant or other persons entering upon said premises Other Planning Act Applications The land which is the subject in this application was the subject of an application under the Planning Act for: Consent Applications B014/06 & B015/06 To be heard in conjunction with these Minor Variance applications. 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: Page 22 of 32

23 CONSENT AND Cont d 13 FILE NOS.: B014/06, A047/06, B015/06, & A048/06 to 16. ZANPAS INVESTMENT INC. and ONTARIO LIMITED Minor Variance File Nos. A047/06 and A048/06 To be heard in conjunction with these Consent applications. Wes Surdyka from Wes Surdyka Architect, appeared on behalf of the applicants and gave a brief submission regarding the requests. There were no comments/objections from any Departments or Agencies. MOVED by L. Fluxgold Seconded by D. H. Kang THAT Application Nos. B014/06 and B015/06- ZANPAS INVESTMENT INC. and ONTARIO LIMITED, be APPROVED, in accordance with the sketch attached and subject to the following conditions: NOTE: All conditions below must be fulfilled and clearance letters must be received by the Secretary-Treasurer before any cheques can be accepted and Certificate of Official can be issued. 1. That the owner shall pay all taxes as levied (by certified cheque), if required, to the satisfaction of the Reserves/Capital Department; (contact Terri Liuni in the Reserves/Capital Department to have this condition cleared). 2. That the applicant provide to the Secretary Treasurer letters of undertaking, stating that the EASEMENTS are in favour of the lands to the SOUTH (B014/06) and NORTH (B015/06); 3. That corresponding Minor Variance applications A047/06 and A048/06, be APPROVED; 4. This consent is given on the express understanding that Subsection 3 or Subsection 5 of Section 50 of the Planning Act shall apply to any subsequent conveyance in respect to the subject lands; 5. Submission to the Secretary-Treasurer of FOUR (4) white prints of a registered deposited reference plan of survey, showing the subject land which conforms with the application submitted and which shows the dimensions and areas of each part shown on the plan; 6. Upon fulfilling and complying with all of the above-noted conditions, the Secretary- Treasurer of the Committee of Adjustment must be provided with a letter and three (3) copies of a legal size (8.5 by 14 ) Schedule Page, in a format satisfactory to the Secretary-Treasurer, from the Applicant s solicitor confirming the legal description of the subject lands, sufficient for registration purposes the Schedule Page will be an attachment to the Certificate. Upon being satisfied with said legal description and upon all other conditions for the consent having been satisfied, the Secretary-Treasurer shall provide a Certificate of Official to the applicant in accordance with Section 53(42) of the Planning Act, R.S.O. 1990, as amended; 7. A fee of $ made payable to the Treasurer City of Vaughan shall, be submitted to the Secretary Treasurer for the issuance of the Certificate/stamping of the deeds. It will be necessary to allow up to three (3) working days after all conditions have been fulfilled and documentation filed. Same day service is also available for an additional cost of $145.00, provided all conditions of approval have been fulfilled and all required documents are submitted by 11:30 am that day; Page 23 of 32