The Minutes of the 18th.Meeting of the Vaughan Committee of Adjustment for the year 2008 THURSDAY, OCTOBER 16, :15p.m.

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1 The Minutes of the 18th.Meeting of the Vaughan Committee of Adjustment for the year 2008 THURSDAY, OCTOBER 16, :15p.m. Present at the meeting were: M. Mauti - Chair L. Fluxgold Vice Chair M. S. Panicali Members of Staff present: Todd Coles, Secretary-Treasurer Anne Markovsky, Assistant to the Secretary-Treasurer Mary Serino, Planner Susan Okom, Plans Examiner INTRODUCTION OF ADDENDUM REPORTS 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 for Item # 14 to 20, File Nos. B037/08 to B040/08, A246/08, A247/08, A277/08, HESPERUS FELLOWSHIP COMMUNITY OF ONTARIO AND TORONTO WALDORF SCHOOL, as the applicants are his clients. ADOPTION OR CORRECTION OF MINUTES THAT the minutes of the Committee of Adjustment Meeting of Thursday, September 25, 2008, be corrected as follows on October 16, Page 11 Third to last paragraph should read: CARRIED No one else appeared in front of the Committee either in support of or in opposition to the request. NOT There was no one else in attendance either in support of or in opposition to the request. It should be noted that members present at the October 16, 2008 meeting, were also present at the September 25, 2008 meeting and took part in the adoption, as corrected, of these minutes. ADJOURNMENTS AND/OR DEFERRALS A fax was received October 3, 2008, from agent Andrew L. Jeanrie, requesting to further adjourn Item # s 6 & 7, File Nos. B032/08 and B033/08, CANADIAN NATIONAL RAILWAY COMPANY, SINE DIE, in order to continue to resolve issues with the Toronto and Region Conservation authority. On October 15, 2008, a revised sketch was submitted by the applicant s agent regarding Item # 10,File No. A235/08, ANNA MARIA MAURO. It was determined that a re-circulation was required, and this application was adjourned to the October 30, 2008 meeting. Page 1 of 39

2 ADJOURNMENTS AND/OR DEFERRALS On October 15, 2008, an was received from agent Oz Kemal, requesting Item # s 21 & 22, File Nos. B041/08 & A256/08, RITAJO DEVELOP0MENTS LIMITED, be adjourned to November 27, 2008, in order to address comments received from the various departments. On October 3, 2008, a request was received from agent Rosemarie Humphries, requesting Item # 24, File No. B045/08, ARVIT INVESTMENTS INC., be adjourned to the October 30, 2008 meeting, to allow for a Minor Variance to be submitted and be heard together. THAT Item # s 6 & 7, File Nos. B032/08 and B033/08, CANADIAN NATIONAL RAILWAY COMPANY, be adjourned SINE DIE. THAT Item # 10, File No. A235/08, ANNA MARIA MAURO, be adjourned to the October 30, 2008 meeting. THAT Item # s 21 & 22 File Nos. B041/08 & A256/08, RITAJO DEVELOP0MENTS LIMITED, be adjourned to the November 27, 2008 meeting. THAT Item # 24, File No. B045/08, ARVIT INVESTMENTS INC., be adjourned to the October 30, 2008 meeting. CARRIED B032/08, B033/08 - A recap from the previous meeting August 28, 2008 The Committee called this item for discussion, however, the applicant or the designated agent were not present. The Committee agreed to hear the application in the absence of representation. Item s 2 & 3. FILE NOS. B032/08, B033/08 CANADIAN NATIONAL RAILWAY COMPANY Part of Lots 6 to 8, Concession 4, (municipally known as 551 Creditstone Road, Concord). The subject lands are zoned EM2, General Employment Area under By-law 1-88 subject to Exception 9(435) as amended. The purpose of these applications is to request the consent of the Committee of Adjustment to convey parcels of land marked "A" on the attached sketches for the purpose of the creation of new lots, for industrial purposes, together with all required easements and right-of-ways, if required, and retain the lands marked B on the attached sketches for railway rail yard purposes. The existing small building and railway spur will be removed from the subject lands. BACKGROUND: Zoning File No. Z Ongoing A request for the Notice of Decision was received August 20, 2008, from Richard Muir, 391 Creditstone Inc., 205 Doney Cres., Concord, Ontario, L4K 1P6. On August 26, 2008, comments were received from the Toronto & Region Conservation Authority requesting deferral, until CN provides an updated flood study and TRCA staff will provide comments upon the review of the study. The Building Department made the following written comments: Existing structure (s) must comply with the required minimum setbacks. Page 2 of 39

3 B032/08, B033/08 - A recap from the previous meeting August 28, 2008 Seconded by J. Cesario THAT Application Nos. B032/08, B033/08 CANADIAN NATIONAL RAILWAY COMPANY, be ADJOURNED, SINE DIE. On September 4, 2008, a letter and a cheque for $ to re-activate these files, was received from agent Andrew L. Jeanrie, requesting that File Nos. B032/08, B033/08, CANADIAN NATIONAL RAILWAY COMPANY, be scheduled for the October 16, 2008 meeting. A235/08 - A recap from the previous meeting September 25, 2008 FILE NUMBER: A235/08 PROPOSAL: ANNA MARIA MAURO Part of Lot 12, 13, Concession 8, (Lot 21, Registered Plan No. 65M-2811, municipally known as 26 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 applicant is requesting variances to permit the maintenance of a rear yard shed, a rear yard accessory structure, and a rear yard design element (privacy wall), as follows: 1. A shed with a maximum height of 3.05m. 2. A maximum height of 3.05m for an accessory structure. 3. A minimum setback of 0.9m (3ft) to an accessory structure. 4. An architectural or design element with a maximum height of 2.6m. 1. A maximum height of 2.5m for a shed under 10m A maximum height of 2.5m for an accessory structure (structure enclosing the bathroom facilities). 3. A minimum setback of 1.8m to an accessory structure (structure enclosing the bathroom facilities). 4. An architectural or design element is to have a maximum height of 1.8m. David R. Rothwell, 130 Adelaide Street West, Suite 79, Toronto, Ontario, M5H 2K4, appeared as the agent and gave a brief submission regarding the request. He referred to photographs that were previously submitted and a petition in support of the application. Eric K. Gillespie, Barrister and Solicitor, 10 King Street, Suite 600, Toronto, Ontario, M5C 1C3, appeared in opposition and spoke on behalf of Ms. Carolyn Liddy, the adjacent neighbour at 36 Humberview Drive, Woodbridge, Ontario, L4H 1B1. Mr. Gillespie submitted a booklet to the Committee and referred to it during his submission. No one else appeared in front of the Committee either in support of or in opposition to the request. There were discussions between the Committee, Mr. Rothwell and Mr. Gillespie. Lot coverage and measurements came under question. When staff could not provide the Committee with requested information obtained from a previous site visit to the property, the Committee suggested adjourning the application so that staff could have another site visit to provide the requested information. A petition in support of the application was received from the following people: Anastasia Bruno, 106 Humberview Drive, Woodbridge, Ontario, L4H 1B1; Lora Casciato, 111 Humberview Drive, Woodbridge, Ontario, L4H 1B1; Josie Colangelo 103 Humberview Drive, Woodbridge, Ontario, L4H 1B1; Piacampo, 98 Humberview Drive, Woodbridge, Ontario, L4H 1B1; Deepak Seth 95 Humberview Drive, Woodbridge, Ontario, L4H 1B1; Joe Fortunato 90 Humberview Drive, Woodbridge, Ontario, L4H 1B1; Lesley DeRose 82 Humberview Drive, Woodbridge, Ontario, L4H 1B1; I Moftah 68 Humberview Drive, Woodbridge, Ontario, L4H 1B1; Sue Corazzola 77 Humberview Drive, Woodbridge, Ontario, L4H 1B1; E. Dilecce 63 Humberview Drive, Woodbridge, Ontario, L4H 1B1; Sandy Arcuri 47 Humberview Drive, Woodbridge, Ontario, L4H 1B1; Roy Borzellino, 87 Humberview Drive, Woodbridge, Ontario, L4H 1B1; Calda Forrestor 64 Humberview Drive, Woodbridge, Ontario, L4H 1B1; Lucy Ifko 53 Humberview Drive, Woodbridge, Ontario, L4H 1B1; Archie Iacobucci, 12 Humberview Drive, Woodbridge, Ontario, L4H 1B1; Silvana Trionfo, 54 Humberview Drive, Woodbridge, Ontario, L4H 1B1; J. Genova 29 Humberview Drive, Woodbridge, Ontario, L4H 1B1; Brian Child 5 Humberview Drive, Woodbridge, Ontario, L4H 1B1; Mary Duca, 11 Humberview Drive, Woodbridge, Ontario, L4H 1B1; R. Buttarazzi, 6 Humberview Drive, Woodbridge, Ontario, L4H 1B1; R. Santini, 21 Humberview Drive, Woodbridge, Ontario, L4H 1B1; C. Falco, 71 Humberview Drive, Woodbridge, Ontario, L4H 1B1; Terri Circelli, 37 Humberview Drive, Woodbridge, Ontario, L4H 1B1; Mary Riccio, 115 Humberview Drive, Woodbridge, Ontario, L4H 1B1 and Carmen Ragno, 46 Humberview Drive, Woodbridge, Ontario, L4H 1B1. Page 3 of 39

4 A235/08 - A recap from the previous meeting September 25, 2008 Request for decision forms were received from the following people: David R. Rothwell, 130 Adelaide Street West, Suite 79, Toronto, Ontario, M5H 2K4; Eric P. Gillespie, Barrister and Solicitor, 10 King Street, Suite 600, Toronto, Ontario, M5C 1C3; S and R. Soukup, 18 Humberview Drive, Woodbridge, Ontario, L4H 1B1. Authorization for David R. Rothwell and/or Nick Riccio was hand delivered on September 24, The Building Standards Department made the following written comments: The shed enclosing the bathroom facilities shall be considered an accessory structure as only one shed with reduced setbacks shall be permitted. The two sheds were reviewed under permit as complying garden sheds. The Engineering Department made the following written comments: The Engineering Department is satisfied that 0.9 metre setback being proposed is sufficient to provide for side lot line drainage and swale which is the limit of this Department s concern regarding the items listed for consideration in the above noted Variance Application. MOVED by M. S. Panicali Seconded by L. Fluxgold THAT Application No. A235/08, ANNA MARIA MAURO, be ADJOURNED TO OCTOBER 16, 2008 to allow for a site inspection by staff to review all existing structures, to calculate lot coverage and to confirm the variances requested are correct. The following transpired prior to the October 16, 2008 hearing. On October 3, 2008, the applicant appointed Mark Yarranton, KLM Planning Partners Inc., 64 Jardin Drive, Unit 1B, Concord, Ontario, L4K 3P3 to represent her at the hearing. On September 26, 2008 written comments were received from the Building Standards Department. October 9, 2008 report was received from the Building Standards Department and attached was documentation submitted by the Building Inspector. On September 30, 2008 an was received from the Development Planning Department, stating that a site visit was conducted on September 17, & 26, Photographs were submitted. On October 3, 2008, an was received from the Engineering Department that a site visit was conducted on September 23, A summary of building permits and complaints/violations were listed. Photographs were submitted. Enforcement Services submitted photographs from a site visit conducted on August 12, On October 3, 2008 the applicant/agent submitted documentation. A letter from GPF Design Services Inc. and the Toronto & Region Conservation Authority. September 11, 12, 14, 18, 23, 29, 2008, s of opposition and request for information were received from Stan Soukup, 18 Humberview Dr., Woodbridge, Ontario, L4H 1B1. On October 14, 2008, the Building Standards Department submitted additional information. This was made available as an addendum item. On October 16, 2008, another letter of opposition and photos was received from Stan & Rita Soukup, 18 Humberview Dr., Woodbridge, Ontario, L4H 1B1. This was made available as an addendum item. s were received from Carrie Liddy on October 16, These were made available as addendum items. Page 4 of 39

5 ADMINISTRATIVE CORRECTIONS NONE (PREVIOUSLY ADJOURNED FROM THE JUNE 19, 2008 MEETING) FILE NUMBER: A151/08 SONNY NGUYEN A recap from the previous meeting June 19, Joe Stellino, the agent, appeared on behalf of the applicant. During discussion between the Committee and Mr. Stellino, it was agreed to adjourn the application SINE DIE, to give the applicant time to meet with the Planning and Building Departments to ensure that the relocation of the pool and accessory structure to the rear yard will not result in additional variances. The Building Standards Department made the following written comments: Required interior side yard setback to pool (waters edge) = 1.5m Seconded by J. Cesario THAT Application No A151/08 - SONNY NGUYEN, be ADJOURNED SINE DIE to give the application time to meet with the Planning and Building Departments to ensure that the relocation of the pool and accessory structure to the rear yard will not result in additional variances. Item 1. FILE NUMBER: A151/08 PROPOSAL: SONNY NGUYEN Part of Lot 15, Concession 6, Lot 24, Registered Plan No. 65M-3585, municipally known as 97 Green Manor Cres., Woodbridge. The subject lands are zoned R1, Residential Area under By-law 1-88 as amended. The applicant is requesting variances to permit the construction of a sideyard pool, and to permit the maintenance of an existing shed, as follows. 1. Pool to be located in the interior side yard beside the solarium addition. 2. Minimum interior side yard setback to existing accessory structure exceeding 10m2 = 0.6m. 3. Minimum rear yard setback to existing accessory structure exceeding 10m2 = 0.6m 4. Maximum height of existing accessory structure = 2.7m 5. Maximum area of existing accessory structure = 11.7m 2 1. Pool to be located in the rear yard. 2. Minimum interior side yard setback to existing accessory structure exceeding 10m2 = 1.5m. 3. Minimum rear yard setback to existing accessory structure exceeding 10m2 = 7.5m 4. Maximum height of accessory structure = 2.5m 5. Maximum area of accessory structure = 10m 2 On September 16, 2008 the agent submitted a letter and photographs of the site. Page 5 of 39

6 Item 1. FILE NUMBER: A151/08 SONNY NGUYEN Joe Stellino, appeared as the designated agent on behalf of the applicant and gave a brief submission regarding the request. He stated that the sketch has been revised, relocating the pool and deleting the request for an accessory structure with pool heater. The Building Standards Department made the following written comments: Building permits must be issued for the pool and the accessory structure having an area of 11.7m 2. There were no other comments/objections from any Departments or Agencies, and any conditions requested are listed below. The Committee is of the opinion that the variances sought can be considered minor and are desirable for the appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will be maintained. MOVED by M. S. Panicali Seconded by L. Fluxgold THAT Application No. A151/08 - SONNY NGUYEN, be APPROVED, in accordance with the sketch attached and subject to the following conditions; 1. Building permits must be issued for the pool and the accessory structure having an area of 11.7m 2, to the satisfaction of the Building Standards Department; 2. That the proponent successfully obtain a permit for Development, Interference with Wetlands and Alterations to Shorelines and Watercourses as per Ontario Regulation 166/06, if required, to the satisfaction of the Toronto & Region Conservation Authority; 3. That if the conditions listed above 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.) VERY IMPORTANT: IT IS THE RESPONSIBILITY OF THE OWNER/APPLICANT AND/OR AGENT TO OBTAIN AND PROVIDE A CLEARANCE LETTER FROM EACH AGENCY AND/OR DEPARTMENT LISTED IN THE CONDITIONS WHETHER IF REQUIRED APPEARS IN THE CONDITION OR NOT, AND FORWARD THIS CLEARANCE LETTER TO THE SECRETARY-TREASURER AS SOON AS THE CONDITIONS ARE FULFILLED. FAILURE TO COMPLY WITH THIS PROCEDURE WILL RESULT IN A LETTER BEING FORWARDED BY THE SECRETARY-TREASURER INDICATING THIS FILE HAS LAPSED AND, THEREFORE, WILL NECESSITATE THAT A NEW APPLICATION BE SUBMITTED TO LEGALIZE THIS PROPERTY. THIS MINOR VARIANCE DECISION IS NOT A BUILDING PERMIT AUTHORIZING CONSTRUCTION UNDER THE BUILDING CODE ACT, R.S.O. 1990, AS AMENDED. A BUILDING PERMIT MAY BE REQUIRED. PLEASE CONTACT THE BUILDING STANDARDS DEPARTMENT IN THE EVENT THAT YOU REQUIRE FURTHER CLARIFICATION. (PREVIOUSLY ADJOURNED FROM AUGUST 28 & SEPTEMBER 25, 2008 MEETINGS.) A recap from the previous meeting August 28, FILE NUMBER: A224/08 ROSALIA MAGLIOCCO An was received August 28, 2008, from agent Fred Nicollucci, requesting Item # 23, File No. A224/08 ROSALIA MAGLIOCCO, be ADJOURNED to the September 25, 2008 meeting, in order to resolve issues with Toronto & Region Conservation Authority. Page 6 of 39

7 PREVIOUSLY ADJOURNED FROM AUGUST 28 & SEPTEMBER 25, 2008 MEETINGS.) A recap from the previous meeting August 28, FILE NUMBER: A224/08 ROSALIA MAGLIOCCO Prior to the hearing the following written comments were received from the Building Standards Department: The applicant shall be advised that a proposed dwelling within the R1V zone that exceeds 500 square metres in gross floor area will require an exemption from the Interim Control By-law. August 28, 2008 the following written comments were received from the Toronto & Region Conservation Authority: TRCA mapping shows the subject property is located entirely within a regulated area of the Don River watershed, and entirely within the flood plain of a tributary of the West Don River. On June 2, 2008 TRCA staff provided comments on Minor Variance application A138/08 for the construction of a covered rear yard deck on the dwelling currently under construction. At that time it was determined that no permit had been obtained from the TRCA for the dwelling, which is therefore in contravention of Ontario Regulation 166/06. TRCA staff also advised we had no concerns with the rear yard deck as long as a permit was obtained for its construction. Additionally, TRCA staff also advised that we did not formally recognize the building under construction because permits from our office were not obtained. Before the TRCA can comment on the subject Minor Variance, the TRCA requires further information in order to determine the appropriateness of the proposed development within the context of existing natural hazards. As such, grading information and an analysis of the flood plain in this area are required. Recommendations At this time, given the potential flooding issues associated with the development of this site, TRCA staff cannot support the approval of the subject application and believe the application is premature and accordingly, should be deferred. The applicant is advised to contact TRCA staff to discuss further submission requirements in support of the Minor Variance Application. A recap from the previous meeting September 25, Fred Nicolucci, the agent, appeared on behalf of the applicant. During discussions between the Committee and Mr. Nicolucci, the Committee explained that they were confused and therefore not satisfied with the comments from the TRCA and adjourned the application to obtain clarification to the comments dated September 25, The Building Standards Department made the following written comments: The applicant shall be advised that a proposed dwelling within the R1V zone that exceeds 500 square metres in gross floor area will require an exemption from the Interim Control By-law. The Toronto and Region Conservation Authority made the following written comments, Sept 25/08: In the previous comments letter (dated Aug. 27/08) it was requested that the Committee of Adjustment hearing on the above-noted variances be deferred until TRCA staff had the opportunity to review and comment on the effects of the newly-constructed dwelling and associated grading on the flood plain. It was also noted that the TRCA does not formally recognize the structure as it was built in contravention to the requirements of Ontario Regulation 166/06. Since that time, the applicant has submitted a grading plan, as requested. Upon review of the grading plan, it has been determined that the TRCA cannot support or recognize the existing structure, as it stands, and cannot not therefore provide a permit under Ontario Regulation 166/06 for the structure. Given the above, TRCA staff have no comment on the subject application. THAT Application No A224/08 ROSALIA MAGLIOCCO, be ADJOURNED, to the October 16, 2008 MEETING, to allow time for the applicant to obtain clarification from TRCA regarding their comments for the Committee. Page 7 of 39

8 Item 2. FILE NUMBER: A224/08 ROSALIA MAGLIOCCO Part of Lot 20, Concession 4, (Part of Lot 44, Registered Plan No. 4626, municipally known as 15 Oldfield Street, Maple). The subject lands are zoned R1V, Old Village Residential under By-law 1-88 as amended. To permit the construction of a proposed two-storey single family detached dwelling, with the garage attached. PROPOSAL: 1. Maximum height = 10.07m 2. Minimum exterior side yard setback = 8m 1. Maximum height = 9.5m 2. Minimum exterior side yard setback = 9m A sketch is attached illustrating the request. BACKGROUND INFORMATION Minor Variance Application A138/08 APPROVED JUN 5/08 Lot coverage 23.8% (NOT 20%) Fred Nicolucci, appeared as the designated agent on behalf of the applicant and gave a brief submission regarding the request. Mr. Magliocco, the applicant also appeared and attempted to clarify the issues raised by the Toronto and Region Conservation Authority, with respect to their comments of not recognizing the structure as it was built in contravention to the requirements of Ontario Regulation 166/06. The Committee members were reluctant in dealing with this application and agreed to adjourn this file to the October 30, 2008 meeting. The Committee requested a Legal opinion be provided. The Building Standards Department made the following written comments: The applicant shall be advised that a proposed dwelling within the R1V zone that exceeds 500 square metres in gross floor area will require an exemption from the Interim Control By-law. MOVED by M. S. Panicali Seconded by L. Fluxgold THAT Application No A224/08, ROSALIA MAGLIOCCO, be ADJOURNED, to the October 30, 2008 MEETING, to request a legal opinion regarding the TRCA comments. A recap from the previous meeting September 25, FILE NUMBER: A245/08 CARLOS AND CATALINA DALMAO Carlos Dalmao, the applicant, appeared on his own behalf and referred to previously submitted photographs of the structures. Maria, Ralph and Filomena Senatore, 152 Solway Avenue, Maple, Ontario, L6A 2X2, appeared in opposition to the stairs in the side yard. They submitted photographs. There was no one else in attendance either in support of or in opposition to the request. During discussions between the Committee, Mr. Dalmao and the Senatores, Mr. Dalmao told the Committee that he would be agreeable to removing the variance for the stairs in the side yard in favour of relocating them or altering the deck to accommodate them with no variance required. The Committee suggested that Mr. Dalmao adjourn the application so he can meet with the Senatores to consider a solution for the deck/stairs and amend his application accordingly. Page 8 of 39

9 A recap from the previous meeting September 25, FILE NUMBER: A245/08 CARLOS AND CATALINA DALMAO The applicant submitted a petition in support from the following people: Deborah Lafreniere, 162 Solway Ave., Maple, Ontario, L6A 2X2; Marcello Battisti, 168 Solway Ave., Maple, Ontario, L6A 2X2;, Blagoj Atanasov 172 Solway Ave., Maple, Ontario, L6A 2X2; and Cencenzo Maltara, 144 Solway Ave., Maple, Ontario, L6A 2X2. A request for decision was received from Maria, Ralph and Filomena Senatore, 152 Solway Avenue, Maple, Ontario, L6A 2X2 There were no comments/objections from any Departments or Agencies. THAT Application No A245/08 CARLOS AND CATALINA DALMAO, be ADJOURNED to the OCTOBER 16, 2008 meeting, to allow time for the applicant to meeting with his neighbours to discuss the stairs. CARRIED Item 3. FILE NUMBER: A245/08 CARLOS AND CATALINA DALMAO Part of Lot 23 Concession 4, (Lot 50, Registered Plan 65M-3225, municipally known as 156 Solway Avenue, Maple). The subject lands are zoned R4, Residential under By-law 1-88 subject to Exception 9(960) as amended. PRIOR to the applicants submission it was agreed to amend the Application, Sketch, and Notice of Application by DELETING the following: Proposal: 2. Interior side yard setback to deck and stairs = 0.71m To permit the continued construction of a deck and entrance to the basement at the rear of an existing two-storey single family detached dwelling. PROPOSAL: 1. Minimum rear yard setback to deck and stairs = 3.7m 2. Interior side yard setback to deck and stairs = 0.71m 3. Minimum rear yard setback to covered below grade stairs = 5.37m 1. Minimum rear yard setback to deck and stairs = 5.7m 2. Interior side yard setback to deck and stairs = 1.2m 3. Minimum rear yard setback to covered below grade stairs = 7.5m On September 8, 2008, a petition of support was received from the following residents: Deborah Lafreniere, 162 Solway Ave., Maple, Ontario, L6A 2X2; Marcello Battisti, 168 Solway Ave., Maple, Ontario, L6A 2X2; Blagoj Atanosov, 172 Solway Ave., Maple, Ontario, L6A 2X2; Vincenzo Malfara, 144 Solway Ave., Maple, Ontario, L6A 2X2. The above residents did not request the Notice of Decision. On September 25, 2008, photographs and the request for the Notice of Decision was received from the following: Maria, Ralph & Filomena Senatore, 152 Solway Ave., Maple, Ontario, L6A 2X2. At the hearing another request for the Notice of Decision was received from Filomena Ross (Senatore) 152 Solway Ave., Maple, Ontario, L6A 2X2. On October 9, 2008 the Building Standards Department made the following written comments: This application was heard at the Committee of Adjustment Meeting on September 25, At that time, due to the neighbours objection to the location of the stairs leading from the deck, the applicant was given the option to move the stairs to another location or to remove the stairs entirely. The applicant opted to move the stairs to the other side of the deck. He came into the City to revise his variance application and also to amend his building permit application. I asked him if he had room to build the stairs in accordance with the Ontario Building Code which require a width of He assured me he had five or six feet in which to build. Upon review of his building permit applications for the basement walkout and the deck and stairs there did not appear to be enough room based on the applicant s measurements. Subsequently I had the Building Page 9 of 39

10 Inspector, Massimo Leo, conduct a site visit to measure the area in question. Item 3. FILE NUMBER: A245/08 CARLOS AND CATALINA DALMAO His inspection indicated there is only a width of 2 to build the stairs whereas the Ontario Building Code requires a width of 2 11 therefore the stairs cannot be built in the location proposed on the revised committee of adjustment application. His options would be to not have stairs or to relocate the stairs towards the rear of the deck which would result in a greater encroachment into the rear yard than what has been applied for. Carlos Dalmao, the applicant, appeared and gave a brief submission regarding the request. He indicated to the Committee that he has deleted the variance for the interior side yard setback and stairs, stating that he will re-locate the stairs and will not require a variance. The Committee referred to the latest comments received from the Building Standards Department and asked the applicant to respond. The applicant indicated that he will be cutting back the deck to allow for stairs that will conform. 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 the By-law and the Official Plan will be maintained. THAT Application No. A245/08, CARLOS AND CATALINA DALMAO, be APPROVED, AS AMENDED in accordance with the sketches attached. A recap from the previous meeting September 25, FILE NUMBER: A258/08 TERESA & COSIMO COTRONEO Brett Lyver, the agent, appeared on behalf of the applicant and gave a brief submission regarding the request There were discussions between the Committee and Mr. Lyver regarding York Region s involvement with the driveway/curb variance. A request for decision was received from John H. Thompson, 7983 Islington Avenue, Woodbridge, Ontario, L4L 1W4. The Building Standards Department made the following written comments: The OS1, Open Space Conservation land where the driveway is located are not part of the lands owned by the applicant. THAT Application No. A258/08, TERESA & COSIMO COTRONEO, be APPROVED There were further discussions amongst the Committee and it was agreed that the application be adjourned to the next meeting, in order for Mr. Lyver to provide supporting documentation of York Region s involvement which created the driveway/curb variance. Page 10 of 39

11 L. Fluxgold WITHDREW his motion to approve the application. Page 11 of 39

12 A recap from the previous meeting September 25, THAT Application No. A258/08, TERESA & COSIMO COTRONEO, be ADJOURNED TO THE OCTOBER 16, 2008 MEETING, in order for the agent to provide the Committee documents to support York Region s involvement, which resulted in the driveway /curb variance. CARRIED Item 4. FILE NUMBER: A258/08 PROPOSAL: TERESA & COSIMO COTRONEO Part of Lot 7, Concession 7, (Part 1, Reference Plan No.65R-10366, municipally known as 7961 Islington Ave., Woodbridge.) The subject lands are zoned R3, Residential under By-Law 1-88 as amended and further subject to exception 9(795) The applicants are requesting variances to permit the construction of a one storey single family detached dwelling with attached garage, as follows: 1) A minimum 2.205m from a garage door to a lot line. 2) A maximum driveway width at the curb of 12.56m. 3) Building outside of the building envelope within schedule E-875 of exception 9(795) as depicted. 4) OS1, Open Space Conservation zone lands to be used as residential driveway as depicted. 1) 1. A minimum 6.4m from a garage door to a lot line. 2) A maximum driveway width at the curb of 6m. 3) Building to be within the building envelope as depicted within schedule E- 875 of exception 9(795). 4) OS1, Open Space Conservation zone lands to be used for conservation and flood control only. On September 23, 2008, a request for the Notice of Decision was received from John H. Thompson, 7983 Islington Ave., Woodbridge, Ontario, L4L 1W4. Brett Lyver, the designated agent appeared on behalf of the applicants and gave a brief submission regarding the requests. There was a concern raised regarding large trucks parking on this residential lot. The agent submitted to the Committee a sketch from York Region showing the curb cut, however, the Committee was not satisfied, as it did not indicate who and when this was done. The correspondence received from the Toronto and Region Conservation Authority through the Engineering Department was not sufficient to render a decision. The agent submitted correspondence from the Region of York to the Toronto & Region Conservation Authority, requesting a right-of-way across TRCA lands. He also submitted Executive Meeting Minutes from the TRCA, dated December 2, 2005, indicating a resolution approving the transfer of lands from the TRCA to the Region of York for construction purposes, including the construction of a driveway for 7961 Islington Ave. The Committee agreed to adjourn this application, until such time as the applicant/agent obtains information from York Region, regarding the curb/driveway widening. There were no comments/objections from any Departments or Agencies. MOVED by M. S. Panicali Seconded by L. Fluxgold THAT Application No. A258/08, TERESA & COSIMO COTRONEO, be ADJOURNED SINE DIE Page 12 of 39

13 A recap from the previous meeting September 25, FILE NUMBER: A260/08 ENBRIDGE GAS DISTRIBUTION INC. Christopher Williams, the agent, appeared on behalf of the applicant and gave a brief submission regarding the request. Mr. Williams responded to the letters of objection. Mohammad Hossein Davarpanah, Bathurst Street, Maple, Ontario, L6A 1S2 and Fereydoon Zolfaghari & Jaleh Nagaf Bathurst Street, Maple, Ontario, L6A 1S2, both appeared in opposition to the request. James Schofield, Project Manager, Engineering Special projects, Enbridge Gas Distribution, 500 Consumers Road, North York, Ontario, M2J 1P8, appeared to address the concerns of the applicants and the Committee No one else appeared in support of or in opposition to the request. There were discussions between the Committee, Mr. Williams, Mr. Davarpanah and Mr. Schofield. That the Committee recess at 8:59pm Reconvened at 9:10pm Letters of objection were received from the following people: Mohammad Hossein Davarpanah, Bathurst Street, Maple, Ontario, L6A 1S2 and Fereydoon Zolfaghari & Jaleh Nagaf Bathurst Street, Maple, Ontario, L6A 1S2. A request for decision was received from the following people: Mohammad Hossein Davarpanah, Bathurst Street, Maple, Ontario, L6A 1S2 and Fereydoon Zolfaghari & Jaleh Nagaf Bathurst Street, Maple, Ontario, L6A 1S2. There were no comments/objections from any Departments or Agencies. THAT Application No A260/08 ENBRIDGE GAS DISTRIBUTION INC., be ADJOURNED to the October 16, 2008 meeting, so the applicant can meet the neighbours and discuss their concerns. CARRIED Item 5. FILE NUMBER: A260/08 PROPOSAL: ENBRIDGE GAS DISTRIBUTION INC. Part of Lot 30, Concession 2, (Municipally known as Bathurst Street, Maple). The subject lands are zoned ORM, Oak Ridges Moraine Zone & OS5, Open Space Environmental Protection Zone under By-law 1-88 as amended. To permit the construction of a proposed Enbridge Gate Station. 1. To permit structures within the ORM zone with a setback of 0.0 metres from the OS5 zone. 1. A minimum setback of 90.0 metres is required for all buildings and structures from an OS5 Zone. BACKGROUND INFORMATION Site Plan Application DA IN PROGRESS (as per applicant) Christopher Williams, the agent, appeared on behalf of the applicant and gave a brief submission regarding the request. It should be noted that just prior to the hearing the agent submitted a multi-page document and photos. Page 13 of 39

14 Item 5. FILE NUMBER: A260/08 ENBRIDGE GAS DISTRIBUTION INC. He stated that a meeting was held with the concerned residents and read from the document he presented. The following residents appeared in opposition and requested the Notice of Decision: Fereydoon Zolfaghari, Bathurst Street, Maple, Ontario, L6A 1S2; Mohammad Davarpahan, Bathurst Street, Maple, Ontario, L6A 1S2. They both stated that a meeting was held, however, were not satisfied with the outcome. No one else appeared in support of or in opposition to the request. 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. THAT Application No. A260/08, ENBRIDGE GAS DISTRIBUTION INC., be APPROVED, in accordance with the sketches attached. It should be noted that at this time L. Fluxgold left the Council Chambers, due to the previously disclosed conflict of interest. CONSENT & Items 6 to 12. FILE NUMBER: B037/08 to B40/08, A246/08, A247/08, A277/08 HESPERUS FELLOWSHIP COMMUNITY OF ONTARIO AND TORONTO WALDORF SCHOOL Part of Lot 15, Concession 2, (municipally known as 9100 Bathurst Street, Thornhill). B037/08, B038/08 - The subject is zoned A, Agricultural and subject to the provisions of Exception Number 9 (715); and retained lands are zoned A, Agricultural and subject to the provisions of Exception Number 9(715) under By-Law 1-88 as amended. B039/08, B040/08 - The subject is zoned A, Agricultural and subject to the provisions of By-law 1-88 as amended. A246/08 and A247/08The subject lands are zoned A, Agricultural Zone and subject to the provisions of Exception 9 (715) under By-Law 1-88 as amended. A277/08 The subject lands are zoned A, Agricultural Zone and subject to the provisions under By-Law 1-88 as amended. Page 14 of 39

15 CONSENT & Items 6 to 12. FILE NUMBER: B037/08 to B40/08, A246/08, A247/08, A277/08 HESPERUS FELLOWSHIP COMMUNITY OF ONTARIO AND TORONTO WALDORF SCHOOL B037/08, B039/08 - To request the consent of the Committee of Adjustment to convey a parcel for the CREATION of a new lot, together with all required easements and right of ways, for institutional purposes, and retain the lands for institutional purposes. B038/08 - To request the consent of the Committee of Adjustment to convey a parcel of land as an ADDITION to an existing lot taken into the title of the lands to the WEST, for driveway, and retain the lands for institutional purposes. B040/08 - To request the consent of the Committee of Adjustment to convey a parcel of land as an EASEMENT in favour of the lands to the NORTH, for servicing easement purposes and retain the lands for institutional purposes. Currently the subject lands are vacant. SUBJECT LAND: B037/08 A school is proposed for the subject land. RETAINED LANDS: B037/08 & B038/08 - There is an existing two-storey institutional building (school). B039/08 & B040/08 There is an existing institutional building (school) and five (5) accessory sheds. A246/08, A247/08, A277/08 - To facilitate consent applications (B037/08 SUBJECT/RETAINED LANDS AND B039/08 SUBJECT LAND) creation of a lot for institutional purposes). PROPOSALS: A246/08 & A247/08: 2. To permit parking spaces and areas not to be located or maintained on the lot. 3. To permit a minimum of 72 parking spaces for the Hersperus 1 & 2 sites. 4. To permit a 0.0 metre side yard setback to the East lot line. (A247/08) 5. To permit a 0.0m (A246/08) & 6.0m (A247/08) side yard setback to the West lot line. A277/08: To permit a minimum lot frontage of 17.5 metres (Hersperus 3 site). A246/08 & A247/08: 1) Parking spaces and areas shall be provided and maintained on the lot. 2) A minimum of 109 parking spaces are required for the Hesperus 1 & 2 sites. 3) A minimum side yard of 15.0 metres is required to the East lot line. 4) A minimum side yard of 15.0 metres is required to the West lot line. A277/08: A minimum lot frontage of 20 meters is required (Hersperus 3 site) BACKGROUND: Consent Application File # s B038/08 to B040/08 to be heard in conjunction with this Consent application. File # s B80/90 and B81/90 APPROVED, August 23/90 (easement for access and consent for support housing for seniors, respectively). File # B9/90 WITHDRAWN, March 1/09 by applicant (60 year lease for senior non-profit apartment) File # B11/89 APPROVED, January 11/89 (Addition to the north) Deeds Stamped May 3, Minor Variance Application File # s A246/08, A0247/08 and A277/08 to be heard in conjunction with these variance applications. File # V APPROVED - July 30/80, (Min.. side yard of 1.52m to shed) Permission Application File # A179/97(P) - APPROVED, Jul 24, 1997, to permit the use of a sales office within 400m of the lands to be developed for the sale of homes not located within the City of Vaughan Site Plan Application File # DA IN PROGRESS (to be heard by Committee of the Whole September 15/08) Page 15 of 39

16 CONSENT & Items 6 to 12. FILE NUMBER: B037/08 to B40/08, A246/08, A247/08, A277/08 HESPERUS FELLOWSHIP COMMUNITY OF ONTARIO AND TORONTO WALDORF SCHOOL A request for the Notice of Decision was received October 8, 2008, from a resident at 16 Cividale Crt., Richmond Hill, Ontario, L4C 6G7. Alan Young, appeared as the designated agent on behalf of the applicant and gave a brief submission regarding the request. Warren Lee, 78 Fraserwood Road, Thornhill, Ontario, L4J 9C8, appeared in opposition and requested the Notice of Decision. David Rossnberg, 81 Fraserwood Rd., Thornhill, Ontario, L4J 9C8, appeared in opposition and requested the Notice of Decision. Elena Tyrtychnikova, 112 Serene Way, Thornhill, Ontario, L4J 9A3, appeared in opposition and requested the Notice of Decision. Requests for the Notice of Decision were also received from the following: Edwina Mun Yee Chut, 69 Dewpoint Rd., Thornhill, Ontario, L4J 9E1; Justin Andri, 64 Fraserwood Rd., Thornhill, Ontario, L4J 9C8; David Giewercer, 61 Fraserwood Rd., Thornhill, Ontario, L4J 9C8. Alan Young responded to the concerns of the residents and stated that the zoning permits institutional use. No one else appeared in support of or in opposition to the request. The Building Standards Department made the following written comments: B037/07 The purpose of the application is for the creation of a new lot (Hesperus 2). The creation and requirment for a blanket easement in favour of Parts 2, 3, & 4 of Concession 2, Part of Lot 15. Exception 9(715) exempts the subject lands from lot frontage requirements. There is no minimum lot area requirement for an institutional use in any zone. B038/08 The purpose of the application is for the addition to an existing lot taken into the title of the lands to the West (Hesperus 3. The creation and requirement for a blanket easement in favour of Parts 1, 2, & 4 of Concession 2, Part of Lot 15. The lands to be severed are to be combined with lands to the West (B039/08 Exception 9(715) exempts the subject lands from lot frontage requirements. There is no minimum lot area requirement for an institutional use in any zone B039/08 The purpose of the application is for the creation of a new lot (Hesperus 3). The creation and requirement for a blanket easement in favour of Parts 1, 2, and 3, of Concession 2, Part of Lot 15. There is not minimum lot area requirement for an institutional use in any zone. Please note minor variance application A will address the lot frontage deficiency. B040/08 The purpose of the application is for the creation and requirement for an easement in favour of the lands to the North. This being a servicing easement over the Toronto Waldorf School property (Part 6 of Concession 2, Part of Lot 15) in favour of the Hesperus lands to the north Parts 1, 2, 3, and 4 of Concession 2, Part of Lot 15. There were no other comments/objections from any Departments or Agencies and any conditions requested are listed below. MOVED by M. S. Panicali Seconded by M. Mauti THAT Application No. B037/08 - HESPERUS FELLOWSHIP COMMUNITY OF ONTARIO, 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; Page 16 of 39

17 CONSENT & Items 6 to 12. FILE NUMBER: B037/08 to B40/08, A246/08, A247/08, A277/08 HESPERUS FELLOWSHIP COMMUNITY OF ONTARIO AND TORONTO WALDORF SCHOOL 2. The owner shall pay by certified cheque applicable Special Service Area Development Charges to the satisfaction of the Reserves & Investments Department (contact Terry Liuni in the Reserves & Investments Department to have this condition cleared) 3. 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). 4. That corresponding Minor Variance Applications A246/07and A247/08 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; IMPORTANT: Pursuant to Section 53(20) of the Planning Act, the applicant shall have a period of one year from the date of the Committee of Adjustment giving Notice of the herein Decision to the Applicant to fulfil and comply with all of the (abovenoted) conditions of Consent. Failing to comply with this requirement will result in the application to be deemed to be refused. ALL CONDITIONS MUST BE FULFILLED. Please contact each Agency and/or Department listed above whether "if required" appears in the condition or not. 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 39

18 CONSENT & Items 6 to 12. FILE NUMBER: B037/08 to B40/08, A246/08, A247/08, A277/08 HESPERUS FELLOWSHIP COMMUNITY OF ONTARIO AND TORONTO WALDORF SCHOOL THAT Application No. B038/08 - HESPERUS FELLOWSHIP COMMUNITY OF ONTARIO, 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/Capital Department; (contact Terri Liuni in the Reserves/Capital Department to have this condition cleared). 2. That Minor Variance Applications A246/07 and A247/08 be approved; 3. 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\ 4. 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; 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; IMPORTANT: Pursuant to Section 53(20) of the Planning Act, the applicant shall have a period of one year from the date of the Committee of Adjustment giving Notice of the herein Decision to the Applicant to fulfil and comply with all of the (abovenoted) conditions of Consent. Failing to comply with this requirement will result in the application to be deemed to be refused. ALL CONDITIONS MUST BE FULFILLED. Please contact each Agency and/or Department listed above whether "if required" appears in the condition or not. 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 18 of 39