The Minutes of the 3 rd.meeting of the Vaughan Committee of Adjustment for the year 2005 THURSDAY, FEBRUARY 10, :00p.m.

Transcription

1 The Minutes of the 3 rd.meeting of the Vaughan Committee of Adjustment for the year 2005 THURSDAY, FEBRUARY 10, 2005 Present at the meeting were: 6:00p.m. M. Mauti T. DeCicco L. Fluxgold M. S. Panicali Members of Staff present: Dianne Grout, Secretary-Treasurer Anne Markovsky, Assistant to the Secretary-Treasurer Glenn White, Planner Marie Kennedy, Plans Examiner INTRODUCTION OF ADDENDUM REPORTS MOVED L. Fluxgold Seconded by T. DeCicco That the addendum reports be incorporated into the minutes and be on view at the back of the room in the Report Book. CARRIED DISCLOSURE OF PECUNIARY INTEREST None. ADOPTION OR CORRECTION OF MINUTES MOVED by L. Fluxgold Seconded by T. DeCicco THAT the minutes of the Committee of Adjustment Meeting of Thursday, JANUARY 27, 2005, be adopted as circulated. CARRIED It should be noted that M. S. Panicali was not in attendance at the January 27, 2005 meeting and did not take part in the adoption of these minutes. ADJOURNMENTS AND/OR DEFERRALS February 9, 2005, a fax was received from Marika Avramidis, regarding Item # s 9, 10 & 11, File Nos. B003/05, A036/05, A037/05, MARIKA, ANDREAS, & EKATERINA AVRAMIDIS, requesting the applications be ADJOURNED SINE DIE. February 10, 2005, a fax was received from M. Wasserman, the agent, regarding Item #8, File No. A025/05 AVRAHAM SADE, requesting the application be ADJOURNED, TO THE FEBRUARY 24, 2005 MEETING, in order for the applicant to resolve issues with the Fire Department. February 4, 2005, an was received from Geoff Sprawson, the owner, requesting that Item # 17, File No. A039/05 GEOFFREY WILLIAM FREDERICK SPRAWSON & HEATHER ANN SPRAWSON, be ADJOURNED TO FEBRUARY 24, 2005, in order for the applicants to resolve issues with respect to Heritage Vaughan. On February 3, 2005, Cultural Services made the following written comments for file No. A039/05: Please be advised the subject property is located within the Kleinburg-Nashville Heritage Conservation District as designated under Part V of the Ontario Heritage Act. As such, any changes to properties within the District must be approved by Heritage Vaughan committee. Heritage Vaughan Page 1 of 12

2 reviewed the proposed new building several months ago, but did not review any variances that may be required for the proposal. I would therefore, request that the Committee of Adjustment defer any decisions on the subject application until such time as Heritage Vaughan can review the proposed variances as submitted. Heritage Vaughan will hold its next meeting on February 23, 2005 at 6 pm in the Public Hearing Room. Comments from the Committee with regards to their review of this application will be made available. The Development Planning Department made the following written comments for File No. A039/05: The Development Planning Department concurs with the staff of Cultural Services that Variance Application A039/05 should be deferred until such time as Heritage Vaughan has reviewed the proposal. The requested variances may change as a result of their review. MOVED by L. Fluxgold Seconded by T. DeCicco THAT Item # s 9, 10 & 11, File Nos. B003/05, A036/05, A037/05, MARIKA, ANDREAS, & EKATERINA AVRAMIDIS, be ADJOURNED SINE DIE. THAT Item # 8, File No. A025/05 AVRAHAM SADE, be ADJOURNED, TO THE FEBRUARY 24, 2005 MEETING. THAT Item # 17, File # A039/05 GEOFFREY WILLIAM FREDERICK SPRAWSON & HEATHER ANN SPRAWSON, be ADJOURNED TO FEBRUARY 24, CARRIED It should be noted that an overnight fax was sent and received February 11, 2005 from Giovanni Cunti, 7650 King Vaughan Rd., Kleinburg, Ontario L0J 1C0. This was a request for the Notice of Decision for B003/05, A036/05, and A037/05. ADMINISTRATIVE CORRECTIONS NONE. CONSENT & Consent B064/03 previously adjourned from the August 7, 2003, December 2, 2004, January 13 & 27, 2005 Meetings Minor Variance A014/05, adjourned from January 13 & 27, 2005 meetings. 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. Page 2 of 12

3 CONSENT & Cont d Consent B064/03 previously adjourned from the August 7, 2003, December 2, 2004, January 13 & 27, 2005 Meetings Minor Variance A014/05, adjourned from January 13 & 27,2 005 meetings. 1. & 2. FILE NOS.: B064/03 & A014/05 CHRISTINE MARIE PARENT-INCH, JAMES IAN INCH 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. 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, Ontario, 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. Again at the January 13, 2005 meeting, request for the Notice of Decision were received from the following residents: Maria Morgis, 41 Green Valley Court, Kleinburg, Ontario, L0J 1C0; Arsenio Serra, 110 High Valley Crt., Kleinburg, Ontario, L0J 1C0; David Gottardo, 50 High valley Crt., Box 208,R.R.1, Kleinburg, Ontario, L0J 1C0. Page 3 of 12

4 CONSENT & Consent B064/03 previously adjourned from the August 7, 2003, December 2, 2004, January 13 & 27, 2005 Meetings Minor Variance A014/05, adjourned from January 13 & 27,2 005 meetings. 1. & 2. FILE NOS.: B064/03 & A014/05 CHRISTINE MARIE PARENT-INCH, JAMES IAN INCH On January 19, 2005, a package was received by courier, from Marciano Beckenstein, Barristers & Solicitors, 7925 Keele Street, Concord, Ontario L4K 1Y4, representing the applicants. The package contained a subdivision agreement and stated on the covering letter that there is no subdivision agreement as previously referred to by Mr. Gottardo. On February 10, 2005, a package was received by courier, from Michael A. Tibollo, Tibollo & Associates, Barristers and Solicitors, 920 Yonge Street, Suite 900, Toronto, Ontario, M4W 3C7, representing Mr. Gottardo and several adjoining property owners. The package contained photos and outlined many concerns. David Matthews, appeared as the agent, and gave a brief submission regarding the request. Mr. Tibollo took the podium and reiterated the concerns raised in the documents previously submitted. Mr. Matthews, took the podium and presented the committee with photos of the subject property showing the distance of the other residents. He summarized by stating that the reasons for the previous adjournments was for the concerned residents to produce a subdivision agreement stating that everyone in this area must agree to any new lots being created. Based on the information submitted it has been determined that such a subdivision agreement does not exist. The Committee agreed that allowing this severance would set a precedent in the area. There was no one else in attendance either in support of or in opposition to the request. There were no objections from any Departments or Agencies. MOVED by T. DeCicco Seconded by L. Fluxgold THAT Application Nos. B064/03, A014/05 - CHRISTINE MARIE PARENT-INCH, JAMES IAN INCH, be REFUSED, in accordance with the sketches attached. (WAS PLACED ON HOLD PENDING SITE PLAN APPROVAL FOR DA FEB. 7/05) 3. FILE NO: A367/04 MELROSE INVESTMENTS INC. Part of Lot 10, Concession 4, (Block 1, Registered Plan No. 65M-2696, municipally known as 8395 Jane Street, Concord). The purpose of this application is to request variances to permit the construction of a two storey commercial office building, notwithstanding, the proposed changes to the existing By-law & current By-law requirements are as follows: Page 4 of 12

5 (WAS PLACED ON HOLD PENDING SITE PLAN APPROVAL FOR DA FEB. 7/05) 3. FILE NO: A367/04 MELROSE INVESTMENTS INC. 1. Minimum Front Yard Setback = 6m (3m abutting Sight Triangle) 2. Minimum Landscape Strip abutting sight triangle = 3m 3. Minimum Exterior Side Yard Setback = 6m 1. Minimum Front Yard Setback (Langstaff Road shall be deemed as the Front Lot Line in accordance with the site specific exception) = 9m 2. Minimum Landscape Strip abutting site triangle = 6m 3. Minimum Exterior Side Yard Setback = 9m 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: Site Plan Application DA Scheduled for Committee of the Whole on February 7, 2005 David Pellegrini, the agent, appeared on behalf of the applicant. There were no objections from any Departments or Agencies. The Committee is of the opinion that the variances sought can be considered minor and are 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. S. Panicali THAT Application No. A367/04 MELROSE INVESTMENTS INC., be APPROVED, in accordance with the sketches attached. 4. FILE NO: A004/05 CONCERT REAL ESTATE CORPORATION C/O BENTALL REAL ESTATE SERVICES, Part of Lot 11, Concession 5, (Part Block 1, Registered Plan No. 65M-2644, municipally known as 3210 Langstaff Road, Concord,.) The subject lands are zoned EM1 Prestige Employment Area Zone, under By-Law The applicant is requesting variances to permit the maintenance of a covered and unenclosed gazebo and a covered and enclosed metal shed, as follows: Minimum side yard setback to the gazebo 4.3m. Page 5 of 12

6 Minimum side yard setback to shed 1.5m. MINOR VARIANCE PUBLIC HEARING 4. FILE NO: A004/05 CONCERT REAL ESTATE CORPORATION C/O BENTALL REAL ESTATE SERVICES, Minimum side yard setback to all buildings and structures 6.0m. Marvin Bongard, appeared as the designated agent and gave a brief submission regarding the request. There were no objections from any Departments or Agencies. The Committee is of the opinion that the variance sought can be considered minor and is 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. S. Panicali THAT Application No. A004/05 - CONCERT REAL ESTATE CORPORATION C/O BENTALL REAL ESTATE SERVICES, be APPROVED, in accordance with the sketches attached. 5. FILE NO.: A034/05 MRS. JULIA GALLORO Part of Lot 13, Concession 6, (Lot 18, Plan No. M-5757, municipally known as 175 Pine Valley Cres., Woodbridge.) The subject lands are zoned RR Rural Residential, under By-Law 1-88 as amended. The applicant is requesting variances to permit the construction of a one storey accessory building, (cabana), to a two storey single family detached dwelling under construction, as follows: To permit a cabana not in rear yard. Maximum lot coverage 14.4% Accessory building to be located in the rear yard only. Maximum lot coverage 10% 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 Public Hearing File Nos. B3/02, B4/02 APPROVED April 25, 2002 Certificates issues August 23, (land additions between The National Golf Club and Julia Galloro.) Page 6 of 12

7 5. FILE NO.: A034/05 MRS. JULIA GALLORO Minor Variance Public Hearing File No. A305/02 APPROVED August 1, 2002, for lot coverage of 12.8% for dwelling. Consent Public Hearing File Nos. B008/04 APPROVED February 5, Certificates issues March 9, (mortgage discharge) Thomas Marzotto, appeared as the designated agent and gave a brief submission regarding the request. There were no objections from any Departments or Agencies. The Committee is of the opinion that the variance sought can be considered minor and is 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 T. DeCicco Seconded by L. Fluxgold THAT Application No. A034/05 - MRS. JULIA GALLORO, be APPROVED, in accordance with the sketches attached. 6. FILE NO: A035/05 PRIMO & PASQUA TARANTINI Part of Lot 15, Concession 6 (Part of Lot 75, Registered Plan 65M-3432, municipally know as 95 Orr Avenue, Woodbridge). The subject lands are zoned RR, Rural Residential under By-Law 1-88 as amended and further subject to Exception 9(1141). The applicant is requesting variances to permit the construction of an one-storey addition to an existing one-storey single family detached dwelling, notwithstanding, the proposed changes to the existing By-Law & current By-Law requirements are as follows: PREVIOUSLY APPROVED 1. Minimum side yard setback 2.0m 2. Maximum lot coverage 26.5% 1. Minimum side yard setback 4.5m 2. Maximum lot coverage 15% 1. Minimum interior side yard setback 3.7m 2. Maximum lot coverage 24.4% Other Planning Act Applications The land which is the subject in this application was the subject of an application under the Planning Act for: Minor Variance Application File No.: A170/02 APPROVED MAY 23/02 Minimum interior side yard setback 3.7m instead of 4.5M Minimum front yard setback 12m instead of 15.0M Maximum lot coverage 24.4% instead of 20% Page 7 of 12

8 6. FILE NO: A035/05 PRIMO & PASQUA TARANTINI On January 10, 2005 a petition of support was received from the following residents: Zvonimir Georgijev 4 Siderno Crescent L4L 9M8 Carlo Perri 111 Orr Avenue L4L 9M8 Rita Fiore 2 Siderno Crescent L4L 9M8 Mike Di Gianni 67 Orr Avenue L4L 9M8 Carlo Plastina 150 Fenyrose Crescent L4L 7B2 Ezio DiGiammarino 271 Kimber Crescent L4L 9K2 J. Arcuri 272 Kimber Crescent L4L 9K2 Primo Tarnatini, the applicant, appeared and gave a brief submission regarding the request. The Development Planning Department made the following written comments: In the past, this Department has supported a maximum lot coverage request of 21%. The Development Planning Department does not support this application. This department has not supported similar applications in the past. It is this department opinion that this application is not appropriate given the by-law standard. There were no other comments/objections 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 T. DeCicco Seconded by L. Fluxgold THAT Application No. A035/05 PRIMO & PASQUA TARANTINI, be APPROVED in accordance with the sketch attached. 7. FILE NO.: A038/05 WALTER AND ANTONIETTA ZANUTEL Part of Lot 20, Concession 4, (Lot 48, Registered Plan Municipally known as 8 Welton Street, Maple). The subject lands are zoned R1V, Old Village Residential under By-law 1-88 as amended. The applicant is requesting a variance to permit the construction of a proposed two-storey single family detached dwelling with the garage attached, notwithstanding, the proposed changes to the existing By-Law & current By-Law requirements are as follows: Page 8 of 12

9 7. FILE NO.: A038/05 WALTER AND ANTONIETTA ZANUTEL 1. Maximum Lot Coverage = 23% 1. Maximum Lot Coverage = 20% 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.. DAVID ROSS & JEAN GEDDES 30 GOSLING AVE., L6A 1S3 EVA & BILL WATSON 23 LANCER DR., EVELYN WILMOT 19 RYDER RD., L6A 1E4 RONALD & JUDITH MARWOOD 14 WELLER CRES., PINA COLUCCI 67 NETHERFORD RD., HOWARD PORTER 21 GOODMAN CRES., SUSIE SANTORIELLO 12 MALAREN RD., DEREK & ALICE ABRAHAM 26 MALAREN RD., MARIO & LINA ROSPO 27 MALAREN RD., DOREEN SCHANCK 35 GOODMAN CRES., GERRY STEYN 18 LANCER DR., L6A 1E4 ANNA GRANGER 52 GOODMAN CRES., L6A 1E2 JOAN & AL SAUNDERS 28 GOSLING AVE., L6A 1E2 SYLVIA & HAROLD GIPPS 20 LANCER DR., JIM & DEBRA ROBSON 2 LANCER DR., L6A 1E4 ERNIE ZAMPESE 37 GOODMAN CRES., RICK & ANN SODERBERG 53 GOODMAN CRES., L6A 1E2 KAY JONES 24 GOODMAN CRES., L6A 1E7 ROSE IVENS 31 WELLER CRES., HERB FLEMING 31 WELLER CRES., L. & SONDRA PRINCIPE 29 MALAREN RD., DOUG CHALMERS 31 MALAREN RD., L6A 1E2 BEVERLY A. GUTTRIDGE 9 RYDER RD., L6A 1E4 ALEX KERR 19 GOODMAN CRES L6A 1E7 RUTH MOORHEAD 25 LANCER DR., EDWARD LANGMAN 16 LANCER DR., L6A 1E4 JOHN & NELL JANSEN 10 WELLER CRES L6A 1E4 RON OCCHIONERO 83 NETHERFORD RD., BRIAN GARDINER 33 GOODMAN CRES., A. LOMBARDI 28 MALAREN RD., GLEN & MARY NORCLIFFE 23 MALAREN RD., BARTON & LOIS LLOYD 43 GOODMAN CRES., ROSINA ZAMPESE 37 GOODMAN CRES., PAOLO SANTORIELLO 12 MALAREN RD E. & A. GAUVIN 10 GOODMAN CRES., L6A 1E7 Page 9 of 12

10 M. HALLIDAY 23 GOODMAN CRES., N. DODDS 66 NETHERFORD RD., MARY &JIM DAVIS 21 GOSLING RD., L6A 1E2 TONY & IOLI RINALDI 8 CLEMSON CRES., VIC & CAROL FLYNN 11 CLEMSON CRES., MILDRED & MERVYN ROTZ 18 CLEMSON CRES., MR. & MRS. JOSEPH TARASCIO 56 BUTTERFIELD CRES. L6A 1J4 JOHN & B. NICOLL 1 CLEMSON CRES., AL ALBIN 75 NETHERFORD RD., BRIGITTA WEIDENFELDER 22 CLEMSON CRES., L6A 1C9 ABEL & EVA LEE 6 CLEMSON CRES., JAMES & DOROTHY CRAIB 15 CLEMSON CRES., HENRIQUE & MARY AMARAL 16 CLEMSON CRES., MARIA SAMMUT 9 WELTON STREET L6A 1R8 C. HUNGERSON 65 NETHERFORD RD., KARL KANTAROFF 43 LANCER DR., L6A 1C9 FRED & SYDELL COOK 12 CLEMSON CRES., GEORGE SINCLAIR 3 CLEMSON CRES., L6A 1S7 GERHARD SCHILLER 48 LANCER DRIVE L6A 1C9 BOB GAMMAGE 10 MALAREN RD., On February 2, 2005 a fax of support was received from Mr. & Mrs. T. Dimperio, 6 Welton Street, Maple, Ontario, L6A 3Y3. Frank Bellini, appeared as the designated agent on behalf of the applicants and gave a brief submission regarding the request. The Engineering Department made the following written comments: We have no objection to the application but the applicant is advised that there is an existing drainage easement through the subject lands. Certain restrictions apply with respect to easement as per the documents registered on title. There were no other 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 L. Fluxgold Seconded by T. DeCicco THAT Application No. A038/05 WALTER AND ANTOINETTE ZANUTEL, be APPROVED in accordance with the sketch attached It should be noted that M. S. Panicali, abstained from voting on the above file. Page 10 of 12

11 8. FILE NO: A040/05 YORK REGION CONDOMINIUM CORPORATION #611, Part of Lot 5, Concession 8, (Blocks 36 & 37, Registered Plan 65M Municipally known as 93 Woodstream Boulevard, Woodbridge). The subject lands are zoned EM1 Prestige Employment Area zone, under By-Law 1-88 as amended and further subject to Exception 9(463). The applicant is requesting a variance to permit the maintenance of Unit #6 within an existing one and two-storey industrial building, notwithstanding, the proposed changes to the existing By-Law & current By-Law requirements are as follows: 2. Reduction of parking spaces to 60 spaces 2. Sixty-one (61) spaces shall be provided Adriano Sbardella, appeared as the designated agent and gave a brief submission regarding the request. There were no objections from any Departments or Agencies. The Committee is of the opinion that the variance sought can be considered minor and is 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. A040/05 YORK REGION CONDOMINIUM CORPORATION #611, be APPROVED in accordance with the sketch attached 9. FILE NO: A041/05 NORAN COMPANY Part of Lot 15, Concession 4, (Parts 1 to 4, 65R21297, municipally known as 65 Tigi Court, Concord). The subject lands are zoned EM2m, Prestige Employment Area, under By-law 1-88, subject to Exception 9(1027), as amended. The purpose of this application is to request a variance to permit the construction of a one storey addition to an existing one storey industrial building, as follows: Page 11 of 12

12 9. FILE NO: A041/05 NORAN COMPANY Loading Spaces to be located between a building and a street, as per attached sketch. Loading and unloading shall not be permitted between a building and a street. Sam Nestico, appeared as the designated agent on behalf of the applicant and gave a brief submission regarding the request. The Development Planning Department made the following written comments: The Development Planning Department recommends that Variance Application A041/05 be adjourned so the applicant can have discussions with the Development Planning Department staff in regards to alternative design options to accompany the loading spaces, i.e. screen wall, additional landscaping, different orientation of loading spaces. The Committee asked that some screening be provided. screening/landscaping will be provided subject to the site plan. The agent responded There were no other 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 L. Fluxgold THAT Application No. A041/05 NORAN COMPANY, be APPROVED, in accordance with the sketches attached OTHER BUSINESS None. MOTION TO ADJOURN MOVED by M. S. Panicali Seconded by L. Fluxgold THAT the meeting of Committee of Adjustment be adjourned at 6:30 p.m., and the next regular meeting will be held on FEBRUARY 24, Page 12 of 12