The Minutes of the 17 th. Meeting of the Vaughan Committee of Adjustment for the year 2004 THURSDAY, SEPTEMBER 23, :00p.m.

Transcription

1 The Minutes of the 17 th. Meeting of the Vaughan Committee of Adjustment for the year 2004 THURSDAY, SEPTEMBER 23, 2004 Present at the meeting were: 6:00p.m. M. Mauti L. Fluxgold D. H. Kang Members of Staff present: Dianne E.L. Grout, Secretary-Treasurer Lenore Providence, Assistant to the Secretary-Treasurer Glenn White, Planner Stephen Lue, 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 with respect to Items# 23, File No. A302/04, LUTONE ENTERPRISES INC., as he is the solicitor who acted on behalf of the applicant in acquisition of this property. ADOPTION OR CORRECTION OF MINUTES THAT the minutes of the Committee of Adjustment Meeting of Thursday, SEPTEMBER 9, 2004, be adopted as circulated. CARRIED It should be noted that both T. DeCicco and M. S. Panicali were not present at the September 9, 2004 meeting. ADJOURNMENTS AND/OR DEFERRALS September 22, 2004, a letter was hand delivered on behalf of the applicant, regarding Item #12, File No. A284/04 ZEPCOE HOLDINGS INC. c/o ANGELO ZEPPIERI, requesting the application be ADJOURNED SINE DIE as the applicant requires additional time to discuss Official Plan issues with the Planning Department. September 23, 2004, the Committee recommended that Item #13, File No. A285/ ONTARIO LTD., be ADJOURNED to the October 14, 2004 meeting, to allow the applicant the opportunity to discuss the application with the Toronto and Region Conservation Authority. September 23, 2004, a letter was faxed from Pietro Ferrari, the agent, requesting that Item #14, File No. A286/04 GAETANO & GIUSEPPINA LUCCHESE, be HEARD LAST on the agenda. September 22, 2004, a fax was received from Vania Ottoborgo, the agent, regarding Item #19, File No. A292/04 BETHRIDGE DEVELOPMENTS INC., requesting the application be ADJOURNED to the October 14, 2004 meeting as the agent requires additional time to discuss the application with the Urban Design Department. Page 1 of 19

2 ADJOURNMENTS AND/OR DEFERRALS THAT Item #12, File No. A284/04 ZEPCOE HOLDINGS INC. c/o ANGELO ZEPPIERI, be ADJOURNED SINE DIE. THAT Item #13, File No. A285/ ONTARIO LTD., be ADJOURNED to the October 14, 2004 meeting. THAT Item #14, File No. A286/04 GAETANO & GIUSEPPINA LUCCHESE, be HEARD LAST. THAT Item #19, File No. A292/04 BETHRIDGE DEVELOPMENTS INC., be ADJOURNED to the October 14, 2004 meeting. CARRIED ADMINISTRATIVE CORRECTIONS None CONSENT AND (PREVIOUSLY ADJOURNED FROM THE JUL. 8, 22 & AUG. 5 & SEPT. 9, 2004 MEETINGS) 1. FILE NOS: B032/04, A199/04 AND A200/04 to KARIN DZELETOVIC 3. Part of Lot 19, Concession 4, (municipally known as 9838 Keele Street, Maple). S B32/04 - 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 land for residential purposes. The subject and retained lands have a one and a half storey brick dwelling with a one storey addition, and a frame shed, which are to be demolished. Both the conveyed lands and the retained lands meet the minimum lot area requirement of 700m 2. A199/04 and A200/04- The applicant is requesting authorization of variances to facilitate the severance of the total lands (B32/04), notwithstanding, the minimum lot frontage for the subject land (A199/04) will be metres, and the minimum lot frontage for the retained land (A200/04) will be metres, rather the By-law requires that the minimum lot frontage for both the subject and retained lands be 18 metres. 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 Application B32/04 Creation of a new lot, to be heard in conjunction with the above files. Consent Applications B19/88, B20/88, B21/88 Creation of new lots, Deeds stamped Feb.23/89 Minor Variance V Approved Sept (for an addition to the existing two storey dwelling) The subject lands are zoned R1, Residential under By-law 1-88 as amended. Stephanie Bottero, 201 Millway Avenue, Unit 19, Vaughan, Ontario, L4K 5K8, appeared as the agent and gave a brief submission regarding the request. Gerhard Schiller, 48 Lance Drive,, L6A 1C5 appeared in opposition. There was no one else in attendance either in support of or in opposition to the request. Page 2 of 19

3 CONSENT AND (PREVIOUSLY ADJOURNED FROM THE JUL. 8, 22 & AUG. 5 & SEPT. 9, 2004 MEETINGS) 1. FILE NOS: B032/04, A199/04 AND A200/04 to KARIN DZELETOVIC 3. Letters of objection were received on June 29, 2004 from David Ross & Jean Geddes, Box 521, 30 Gosling Road,, L6A 1E2, and Joan Saunders, 28 Gosling Road, Maple, Ontario, L6A 1E2. September 22, 2004, Peter Weston, the agent, submitted authorization for Stephanie Bottero to speak on his behalf at the meeting. There were no objections from any Departments or Agencies and any conditions requested are listed below. 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., L6A 1E1 EVELYN WILMOT 19 RYDER RD., L6A 1E4 RONALD & JUDITH MARWOOD 14 WELLER CRES., PINA COLUCCI 67 NETHERFORD RD., L6A 1E1 HOWARD PORTER 21 GOODMAN CRES., L6A 1E8 SUSIE SANTORIELLO 12 MALAREN RD., DEREK & ALICE ABRAHAM 26 MALAREN RD., MARIO & LINA ROSPO 27 MALAREN RD., DOREEN SCHANCK 35 GOODMAN CRES., L6A 1E8 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., L6A 1E1 JIM & DEBRA ROBSON 2 LANCER DR., L6A 1E4 ERNIE ZAMPESE 37 GOODMAN CRES., L6A 1E8 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., L6A 1E1 EDWARD LANGMAN 16 LANCER DR., L6A 1E4 JOHN & NELL JANSEN 10 WELLER CRES L6A 1E4 RON OCCHIONERO 83 NETHERFORD RD., L6A 1E1 BRIAN GARDINER 33 GOODMAN CRES., L6A 1E8 GORD INGRAM 9 MALAREN RD., A. LOMBARDI 28 MALAREN RD., GLEN & MARY NORCLIFFE 23 MALAREN RD., BARTON & LOIS LLOYD 43 GOODMAN CRES., L6A 1E8 ROSINA ZAMPESE 37 GOODMAN CRES., L6A 1E8 PAOLO SANTORIELLO 12 MALAREN RD E. & A. GAUVIN 10 GOODMAN CRES., L6A 1E7 Page 3 of 19

4 CONSENT AND (PREVIOUSLY ADJOURNED FROM THE JUL. 8, 22 & AUG. 5 & SEPT. 9, 2004 MEETINGS) 1. FILE NOS: B032/04, A199/04 AND A200/04 to KARIN DZELETOVIC 3. M. HALLIDAY 23 GOODMAN CRES., L6A 1E8 N. DODDS 66 NETHERFORD RD., L6A 1E1 MARY &JIM DAVIS 21 GOSLING RD., L6A 1E2 TONY & IOLI RINALDI 8 CLEMSON CRES., L6A 1C8 VIC & CAROL FLYNN 11 CLEMSON CRES., L6A 1C8 MILDRED & MERVYN ROTZ 18 CLEMSON CRES., L6A 1C8 Mr. & Mrs. Joseph Tarascio 56 Butterfield Cres. L6A 1J4 JOHN & B. NICOLL 1 CLEMSON CRES., L6A 1C8 AL ALBIN 75 NETHERFORD RD., L6A 1E1 BRIGITTA WEIDENFELDER 22 CLEMSON CRES., L6A 1C9 ABEL & EVA LEE 6 CLEMSON CRES., L6A 1C8 JAMES & DOROTHY CRAIB 15 CLEMSON CRES., L6A 1C8 HENRIQUE & MARY AMARAL 16 CLEMSON CRES., L6A 1C8 Maria Sammut 9 Welton Street L6A 1R8 C. HUNGERSON 65 NETHERFORD RD., L6A 1E1 KARL KANTAROFF 43 LANCER DR., L6A 1C9 FRED & SYDELL COOK 12 CLEMSON CRES., L6A 1C8 GEORGE SINCLAIR 3 CLEMSON CRES., L6A 1S7 GERHARD SCHILLER 48 LANCER DRIVE L6A 1C9 BOB GAMMAGE 10 MALAREN RD., On September 21, 2004, Stephanie Bottero, the agent, submitted a petition in support of the application from the following people: Aleksandra & Graham Beverly 64 Oakdale Road L6A 1J1 Peter & Katharine Schultz 115 Oakdale Road L6A 1G6 Jana & Bill Manokakos 76 Oakdale Road L6A 1J1 Ibraham & Jehad Kakish 75 Oakdale Road L6A 1G6 Peter & Katharine Schultz 115 Oakdale Road L6A 1G6 Olga DiMarco 60 Oakdale Road L6A 1J1 Maria Antinucci 8 Oakdale Road L6A 1J1 Heather & Geoff Sprawson 16 Swanage Drive L6A 1S7 Anna Ambrosini 14 Oakdale Road L6A 1J1 Jana & Bill Manokakos 76 Oakdale Road L6A 1J1 Peter & Susan Fisk 9818 Keele Street L6A 1R6 THAT Application No. B32/04 KARIN DZELETOVIC, be APPROVED, in accordance with the sketch attached and subject to the following conditions: Page 4 of 19

5 CONSENT AND (PREVIOUSLY ADJOURNED FROM THE JUL. 8, 22 & AUG. 5 & SEPT. 9, 2004 MEETINGS) 1. FILE NOS: B032/04, A199/04 AND A200/04 to KARIN DZELETOVIC 3. NOTE: All conditions below must be fulfilled and clearance letters must be received by the Secretary-Treasurer before any cheques can be accepted and Certificate of Official can be issued. 1. Payment to the City of Vaughan of a Tree Fee if required, approved by Council as of the date of granting the consent. Payment is to be made by certified cheque, to the satisfaction of the Reserves/Capital Department and Parks Department; 2. That the owner shall pay all taxes as levied, if required, to the satisfaction of the Reserves/Capital Department; (contact Terri Liuni in the Reserves/Capital Department to have this condition cleared). 3. That the applicant shall provide the City of Vaughan with an appraisal report, if required and valuation of the subject land (land only) to be prepared by an accredited appraiser, if required. Payment of a Parkland Levy to the City in lieu of deeding of land for park purposes shall be made if a new lot is being created. Said levy is to be 5% of the appraised market value of the subject land as of the date of the Committee of Adjustment giving notice to the Application of the herein decision. Said levy shall be approved by the Manager of Real Estate. Payment shall be made by certified cheque only; 4. That the existing structures must be demolished prior to the creation of the new lot, if required, to the satisfaction of the Building Standards Department; 5. That prior to building permit issuance, the owner obtain written approval for the work from the TRCA. Prior to occupancy, the owner shall submit certification from a registered professional engineer to the TRCA confirming that the as constructed elevations of the residence conform to the works approved by the TRCA, if required, to the satisfaction of the Toronto & Region Conservation Authority; 6. That the corresponding Minor Variance Applications A199/04 & A200/04 KARIN DZELETOVIC, be approved; 7. Submission to the Secretary-Treasurer of three (3) white prints of a registered deposited reference plan of survey, showing the subject land which conforms with the application submitted and which shows the dimensions and areas of each part shown on the plan; 8. Upon fulfilling and complying with all of the above-noted conditions, the Secretary- Treasurer of the Committee of Adjustment must be provided with a letter and a Schedule Page, in a format satisfactory to the Secretary-Treasurer, from the Applicant s solicitor confirming the legal description of the subject lands, sufficient for registration purposes the Schedule Page will be an attachment to the Certificate. Upon being satisfied with said legal description and upon all other conditions for the consent having been satisfied, the Secretary-Treasurer shall provide a Certificate of Official to the applicant in accordance with Section 53(42) of the Planning Act, R.S.O. 1990, as amended; 9. A fee of $ made payable to the Treasurer City of Vaughan shall, be submitted to the Secretary Treasurer for the issuance of the Certificate/stamping of the deeds. It will be necessary to allow up to three (3) working days after all conditions have been fulfilled and documentation filed. Same day service is also available for an additional cost of $100.00, provided all conditions of approval have been fulfilled and all required documents are submitted by 11:30 am that day; 10. Prior to the issuance of a building permit, if required, the applicant shall fulfil and comply with all of the above noted consent conditions; Page 5 of 19

6 CONSENT AND (PREVIOUSLY ADJOURNED FROM THE JUL. 8, 22 & AUG. 5 & SEPT. 9, 2004 MEETINGS) 1. FILE NOS: B032/04, A199/04 AND A200/04 to KARIN DZELETOVIC 3. 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; 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. THAT Application Nos. A199/04 & A200/04 KARIN DZELETOVIC, be APPROVED, and in accordance with the sketches attached, and subject to the following conditions: 1. That the corresponding Consent Application B32/04 KARIN DZELETOVIC, be approved; 2. That if the condition listed above is not fulfilled within (12) months of the date this decision becomes final and binding, the said decision shall expire and shall be deemed to have been annulled and rescinded by the Committee. PLEASE NOTE THAT THIS TIME PERIOD CANNOT BE EXTENDED IN ANY WAY, FAILURE TO MEET THIS DEADLINE WILL RESULT IN REQUIRING A NEW APPLICATION AND FEE.) CONSENT PUBLIC HEARING: 4. FILE NOS.: B062/04 and B063/04 & INTONACO INVESTMENTS CORP., and AMORINO RIDGE DEVELOPMENTS INC., 5. S B062/04 - Part of Lot 15, Concession 5, (Lot 19, 65R-26825, Lot 1, Registered Plan No. 65M- 3696, municipally known as 3175 Rutherford Road, Maple). B063/04 - Part of Lot 15, Concession 5, (Lot 1, 65R-26825, Lot 1, Registered Plan No. 65M- 3696, municipally known as 9100 Jane Street, Maple). Page 6 of 19

7 CONSENT PUBLIC HEARING: 4. FILE NOS.: B062/04 and B063/04 & INTONACO INVESTMENTS CORP., and AMORINO RIDGE DEVELOPMENTS INC., 5. S B062/04 - 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 a service center, together with all required easements and right-of-ways, if required, and retain land for multi-use commercial purposes. B063/04 - 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 a service center, together with all required easements and right-of-ways, if required, and retain land for commercial purposes. Both the subject and retained lands on each application are currently vacant and both appear to have lot frontage. The subject and retained lands on each application are zoned C1-H Restricted Commercial, subject to the provisions of Exception Number 9(1030) under By-law 1-88 as amended. Joran Weiner, 8700 Dufferin Street, Concord, Ontario, L4K 4S6, appeared as the agent and gave a brief submission regarding the request. There was no one in attendance either in support of or in opposition to the request. The Engineering Department made the following written comments: B62/04-Private easements through the retained lands will be required to provide municipal services (excluding water) to the proposed severed lands. B63/04-The applicant is advised that, private water/sanitary sewer servicing easements will be required to service both retained and severed lands. There were no objections from any Departments or Agencies and any conditions requested are listed below. THAT Application Nos. B062/04 & B063/04 INTONACO INVESTMENTS CORP. and AMORINO RIDGE DEVELOPMENTS INC., 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 (per application) if required, approved by Council as of the date of granting the consent. Payment is to be made by certified cheque, to the satisfaction of the Reserves/Capital Department and Parks Department; 2. That the owner shall pay all taxes as levied (per application), if required, to the satisfaction of the Reserves/Capital Department; (contact Terri Liuni in the Reserves/Capital Department to have this condition cleared). 3. The applicant shall provide the City of Vaughan with an appraisal report, if required and valuation of the subject land (land only) to be prepared by an accredited appraiser, if required. Payment of a Parkland Levy to the City in lieu of deeding of land for park purposes shall be made if a new lot is being created, if required. Said levy is to be 2% of the appraised market value of the subject land (per application) as of the date of the Committee of Adjustment giving notice to the Application of the herein decision. Said levy shall be approved by the Manager of Real Estate. Payment shall be made by certified cheque only; Page 7 of 19

8 CONSENT PUBLIC HEARING: 4. FILE NOS.: B062/04 and B063/04 & INTONACO INVESTMENTS CORP., and AMORINO RIDGE DEVELOPMENTS INC., That Consent application B062/04 & B063/04, be approved; 5. Submission to the Secretary-Treasurer of three (3) white prints of a registered deposited reference plan of survey, showing the subject land which conforms with the application submitted and which shows the dimensions and areas of each part shown on the plan; 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 $100.00, 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; 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; 6. FILE NO: A283/04 ANTONIO & LIANA MONTAGNESE Part of Lot 25, Concession 8, (Lot 90, Registered Plan 65M-3377, municipally known as 200 Treelawn Blvd., Kleinburg.) Page 8 of 19

9 6. FILE NO: A283/04 ANTONIO & LIANA MONTAGNESE The applicants are requesting a variance to permit the construction of an inground swimming pool as follows: Proposal: To permit part of an inground swimming pool in the interior side yard. By-Law Requirements: A swimming pool shall be constructed only in the rear yard. The subject lands are zoned R1, Residential, under By-Law 1-88 as amended, and further subject to Exception 9(563). Antonio Montagnese, the applicant, appeared on his own behalf. Mr. Robert Klein, 58 Daleview Court, Kleinburg, Ontario, L0J 1C0, appeared and stated he had no objection to this application but had concerns relating to other matters in the area. There was no one else in attendance either in support of or in opposition to the request. The Engineering Department made the following written comments: We note that there is an existing storm sewer easement through the subject lands. Certain restrictions apply with respect to easement as per the documents registered on title. 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. THAT Application No: A283/04 ANTONIO & LIANA MONTAGNESE, be: APPROVED, in accordance with the sketch attached. 7. FILE NO.: A287/04 JOHN AND ROSEMARY SPROVIERO Part of Lot 15, Concession 7, (Lot 15, Registered Plan 65M-2975, municipally known as 74 Harvester Cres., Woodbridge.) The subject lands are zoned R1 - Residential, under By-Law 1-88, as amended, and further subject to Exception 9(827). The applicants are requesting variances to permit the continued construction of a pool cabana as follows: Proposal: Reduction of rear yard setback to 2.41m Reduction of side year setback to 0.80m Page 9 of 19

10 7. FILE NO.: A287/04 JOHN AND ROSEMARY SPROVIERO By-Law Requirements: Minimum rear yard setback shall be 7.5m Minimum side yard setback shall be 1.5m John Sproviero, the applicant appeared on his own behalf and submitted letters of support from the following people: JOHN & EMILY GABRIELLE 70 HARVESTER CRES., L4L 8Y1 FRANK & MARY SCHIRALLI 72 ALPHA CRT., L4L 8Y2 DOMINEC & ORIETTA LAVALLE 82 HARVESTER CRES., L4L 8Y1 There was no one in attendance either in support of or in opposition to the request. The Planning Department made the following written comments: The applicant has submitted a variance application to permit the maintenance of a shed in the rear yard. The applicant is requesting the minimum rear yard setback to the shed to be 1.44m rather than the required 10.0m. The size of the shed is 3.048m (10ft.) by 4.27m (14ft.) or 13sqm (140sqft). It is noted that the shed and rear yard abuts an OS1 Open Space Conservation Zone. It is further noted that Section of By-law 1-88 states that a maximum shed of 10sqm is permitted on a lot with a frontage of 18m or greater. If the shed is larger than 10sq.m, the minimum rear and side yard setbacks applied to the dwelling is applied to the shed. The Community Planning Department does not support this application. The shed exceeds the maximum area it may have when located on a lot with frontage 18m and greater. Also, the shed has not provided the minimum rear yard setback required by the By-law. The Community Planning Department does not consider the proposed variance to be appropriate for the development of the lands. There were no other objections from any Departments or Agencies. The Committee is of the opinion that the variance sought can be considered minor and is desirable for the appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will be maintained. THAT Application No: A287/04 JOHN & ROSEMARY SPROVIERO, be: APPROVED, in accordance with the sketch attached. 8. FILE NO.: A289/04 HELENA ISKANDAR Part of Lot 7, Concession 6, (Lot 100, Registered Plan 65M-2180, municipally known as 192 Nestor Cres., Woodbridge.) Page 10 of 19

11 8. FILE NO.: A289/04 HELENA ISKANDAR The subject lands are zoned R3, Residential subject to the provisions of Exception Number 9(476) under By-Law 1-88 as amended. The applicants are requesting a variance to permit a curb cut and driveway widening as follows: Proposal: Maximum driveway width 7.1m. By-Law Requirements: Maximum driveway width 6.0m Helena Iskandar, the owner, appeared on her own behalf. There was no one else in attendance either in support of or in opposition to the request. On September 21, 2004, letters of support were received from the following people: L. CRISTOFARO 186 NESTOR CRES., L4L 5A1 A289/04 FRANK CATTARUZZA 196 NESTOR CRES., L4L 4Z9 A289/04 OLIVO PEZZUTTO 192 NESTOR CRES., L4L 4Z9 A289/04 CANER AVCI 191 NESTOR CRES., L4L 5A1 A289/04 SINGH FAMILY 185 NESTOR CRES., L4L 4Z9 A289/04 BRUNO SUPPA 195 NESTOR CRES., L4L 4Z9 A289/04 MILITELLO CARMELO 14 NESTOR CRES., L4L 5A9 A289/04 SANTINA & GINO VALENTINI 190 NESTOR CRES., L4L 4W6 A289/04 There were no other letters in support or in oppositions to the request. DOMENICO BETTI 189 NESTOR CRES., L4L 4Z9 A289/04 The Planning Department made the following written comments; The applicant has submitted a variance application to permit the construction of a driveway widening. The applicant is requesting the maximum driveway width to be 7.1m rather than the maximum driveway width being 6.0m. The Community Planning Department does not support this application. This department has not supported similar variance requests in the past. The Community Planning Department is concerned about the cumulative effect these applications may have on the availability of on street parking opportunities and reduced landscaping on the lot and boulevard. There were no other objections from any Departments or Agencies. The Engineering Department made the following written comments: Engineering Department staff has visited the site in response to the application to widen the driveway and curb cut. There are no existing boulevard items that would be adversely impacted by the proposed widening, however, the widened driveway and required curb cut are not in conformity with By-Law 1-88 (as amended by By-Law ). The applicant shall contact the Construction Services Section of the Engineering Department for required curb cut. Page 11 of 19

12 8. FILE NO.: A289/04 HELENA ISKANDAR 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: A289/04 HELENA ISKANDAR, be: APPROVED, in accordance with the sketch attached. 9 FILE NO: A290/04 JACK AND FRANCES VAIANISI Part of Lot 13, Concession 8, (Lot 6, Registered Plan No. 65M -2989, municipally known as 202 Deerchase Circle, Woodbridge). The subject lands are zoned R1, Residential, under By-law 1-88 as amended and further subject to Exception Number 9(665). The applicants are requesting a variance to permit the maintenance of an existing shed as follows: Proposal: 1. Reduction of rear yard setback to an existing shed to 1.44m By-Law Requirements: 1. Minimum 10m rear yard setback to an OS1 Open Space Conservation zone Jack Vaianisi, the applicant, appeared on his own behalf. He submitted photographs of the shed and letters of support from the following neighbours: Vijay Kumar Sharma, 196 Deerchase Circle, Woodbridge, Ontario, L4L 1G9 and Savino Griesi, 210 Deerchase Circle, Woodbridge, Ontario, L4L 1G9. There was no one in attendance either in support of or in opposition to the request. The Planning Department made the following written comments; The applicant has submitted a variance application to permit the maintenance of a shed in the rear yard. The applicant is requesting the minimum rear yard setback to the shed to be 1.44m rather than the required 10.0m. The size of the shed is 3.048m (10ft.) by 4.2m (14ft.) or 12.8sqm (140sqft). It is noted that the shed and rear yard abuts an OS1 Open Space Conservation Zone. It is further noted that Section of By-law 1-88 states that a maximum shed of 10sqm is permitted on a lot with a frontage of 18m or greater. If the shed is larger than 10sq.m, the minimum rear and side yard setbacks applied to the dwelling is applied to the shed. The Community Planning Department does not support this application. The shed exceeds the maximum area it may have when located on a lot with frontage 18m and greater. Also, the shed has not provided the minimum rear yard setback required by the By-law. The Community Planning Department does not consider the proposed variance to be appropriate for the development of the lands. There were no other objections from any Departments or Agencies. Page 12 of 19

13 9 FILE NO: A290/04 JACK AND FRANCES VAIANISI 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. A290/04 JACK & FRANCES VAIANISI, be APPROVED, in accordance with the sketch attached. 10. FILE NO: A291/04 RIMPAL TALWAR Part of Lot 24, Concession 4, (Lot 3, Registered Plan 65M-3095, municipally known as 503 Melville Ave., Maple.) The subject lands are zoned R3, Residential under By-Law 1-88 as amended and further subject to Exception 9(910). The applicant is requesting a variance to permit the maintenance of a deck as follows: Proposal: To maintain an existing deck with a rear yard setback of 5.2m. By-Law Requirements: A rear yard setback of 10m is required to any structure from an OS1, (Open Space Conservation) zone. Rimpal Talwar, the applicant, appeared on his own behalf. There was no one in attendance either in support of or in opposition to the request. There were no objections from any Departments or Agencies. 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: A291/04 RIMPAL TALWAR, be: APPROVED, in accordance with the sketch attached. Page 13 of 19

14 11. FILE NO.: A293/04 ASSOCIATED VAUGHAN PROPERTIES LIMITED Part of Lot 26, Concession 1, (Part of Lot 19, Registered Plan 1607, municipally known as 330 Steeles Avenue, Thornhill). The subject lands are zoned C1, Restricted Commercial and subject to the provisions of Exception Number 9(324) under By-law 1-88 as amended. The applicant is requesting a variance as follows: Proposal: To permit an eating establishment, take-out as a use for the subject lands. By-Law Requirements: A restaurant use is permitted for the subject lands. Other Planning Act Applications: The land which is the subject in this application was also the subject of an application under the Planning Act for: Minor Variance File No. A20/04 Approved Jan. 8/03 (Maintenance of a personal service shop) Mr. N. Edward Davidson, the agent appeared on behalf of the applicant and gave a brief submission regarding the request. Mr. Davidson addressed the letters of objection that were received. Aaron Zak, 27 Sylvester Court, L4J 5R1, appeared in opposition to the request. During the discussions, the Committee made the suggestion that Mr. Davidson look into to possibility that one of the other units may be operating an outdoor patio illegally. Mr. Davidson agreed to having his application adjourned so that he may obtain the exception to the By-law and speak with the residential neighbours. There was no one else in attendance either in support of or in opposition to the requests. A petition in opposition to the request was received on September 23, 2004 with the following names: Aaron Zak 27 Sylvester Court Alla Lesa Danciu 24 Sylvester Court Samuel Cohen 28 Sylvester Court T L4J 5R1 L4J 5R9 L4J 5R9 hsoonbok Park Calvin Butterfield Bing Lew e25 Sylvester Court 23 Sylvester Court 15 Sylvester Court P L4J 5R1 L4J 5R1 L4J 5R1 l Aazam Gnaffari Habibi Roza Seff Mohammed Ali a16 Sylvester Court 22 Sylvester Court 11 Sylvester Court n n i L4J 5R1 L4J 5R1 L4J 5R1 nross McInnes Joe Natarfaonzo Michael Kakzanov g8 Sylvester Court 77 Royal Palm Drive 63 Royal Palm Drive L4J 5R1 L4J 5P9 L4J 5P9 D. Sirota 51 Royal Palm Drive L4J 5P4 Miranda Wong 81 Royal Palm Drive L4J 5P9 P. Chan 26 Sylvester Court L4J 5R9 Hoe Chan 17 Sylvester Court L4J 5R1 Psihopedas 20 Sylvester Court L4J 5R1 Page 14 of 19

15 11. FILE NO.: A293/04 ASSOCIATED VAUGHAN PROPERTIES LIMITED There were no objections from any Departments or Agencies. THAT Application No. A293/04 - ASSOCIATED VAUGHAN PROPERTIES LIMITED, be ADJOURNED to the OCTOBER 14, 2004 MEETING, to give the agent an opportunity to obtain copies of the exception to the By-law as it pertains to an outdoor patio and to allow the agent an opportunity to meet with the neighbors. 12. FILE NO: A294/04 RONIT HACOHEN Part of Lot 21, Concession 1, (Lot 50, Registered Plan M3715, municipally known as 490 Spring Gate Blvd., Thornhill). The subject lands are zoned R2, Residential and subject to the provisions of Exception Number 9(275) under By-law 1-88 as amended. During the agent s submission, it was agreed to amend the application, sketch, and Notice of Application as follows: maximum lot coverage will be 37.5%, NOT 38.9%. THEREFORE, the applicant is requesting a variance to permit the construction of a two storey single family detached dwelling, notwithstanding, the maximum lot coverage will be 37.5% rather than the By-law states the maximum lot coverage shall be 35%. Other Planning Act Applications: The land which is the subject in this application was also the subject of an application under the Planning Act for: Minor Variance File No. A221/04 Refused as Amended July 22/04 (Lot coverage of 39.9%) Ilan Hacohen, the agent, appeared on behalf of the applicant and gave a brief submission before stepping away from the podium to allow his son, Erez Hacohen to give a presentation with the aid of photographs, enlarged maps and site plans. The following people appeared in opposition to the request: Josef Laufer, 482 Spring Gate Boulevard,, L4J 5B4; Leslie Kirshenblatt, 11 Campbell Avenue, Thornhill, Ontario, L4J 2J3 and Anna Benchimol, 10 Campbell Avenue,, L4J 2J2. Both Ms. Kirshenblatt and Ms. Benchimol submitted photographs with their submission. During the discussions, the Committee asked Mr. Hacohen if he would be agreeable to reducing the request for lot coverage to 37.5%. Mr. Hacohen told the Committee that he would reduce his lot coverage. THAT Application No A294/04 RONIT HACOHEN, be REFUSED. The Committee further discussed the application with the applicant with respect to reducing the lot coverage. Page 15 of 19

16 12. FILE NO: A294/04 RONIT HACOHEN That the Committee recess at 7:50 p.m. Reconvened at 8:00 p.m. L. Fluxgold WITHDREW his motion to refuse the application. Mr. Hacohen amended the lot coverage to 37.5%. A faxed letter in opposition to the request was received on September 13, 2004 from the following people: Drew & Shelley Nesbitt Anna & Michael Benchimol Esther & Peter Zeisler 15 Campbell Avenue 10 Campbell Avenue 18 Campbell Avenue L4J 2J2 L4J 2J2 L4J 2J2 Mr. & Mrs. Josef Laufer 482 Spring Gate Blvd. L4J 5B4 Dr. Susan Benzaquen & Dr. Robert Schlosser 231 Arnold Avenue L4J 1C1 Marvin & Leslie Kirshenblatt 11 Campbell Avenue L4J 2J2 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 and any conditions requested are listed below. The Committee is of the opinion that the variance sought can be considered minor and is desirable for the appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will be maintained. THAT Application No A294/04 RONIT HACOHEN, be APPROVED, AS AMENDED in accordance with the sketches attached and subject to the following conditions: 1. Satisfactory arrangements are to be made with the City of Vaughan, Engineering Department with respect to paying development costs as required per subdivision agreement T prior to lifting the 0.3 metre reserve along Spring Gate Blvd., if required, to the satisfaction of the Engineering Department; 2. That the owner shall prepare and register, at their expense, a reference plan detailing the portion of the reserve to be lifted, to the satisfaction of the City The City will register the legal transfer documents at the owner s expense, if required, to the satisfaction of the Engineering Department; 3. That the owner shall pay to the City of Vaughan all cost to register the dedication By-law for the aforementioned (0.3m reserve(s) / road widening, if required, to the satisfaction of the Clerk s Department (Brenda McDonald). 4. 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.) CARRIED Page 16 of 19

17 13. FILE NO: A296/04 A. PETER ACETO Part of Lot 24, Concession 4, (Lot 4, Registered Plan No. 65M -3095, municipally known as 507 Melville Avenue, Maple). The subject lands are zoned R3, Residential under By-law 1-88 as amended and further subject to Exception Number 9(910). The applicant is requesting a variance to permit the maintenance of an existing shed as follows: Proposal: 1. To maintain a deck with a rear yard setback of 6.4m. By-Law Requirements: 1. A rear yard setback of 7.2m is required to the deck. Peter Aceto, the applicant appeared on his own behalf. A letter in opposition to the request was received from Ian H. Mitchell, Secretary, Kleinburg and Area Ratepayers Association, P.O. Box 202, Kleinburg, Ontario, L0J 1C0. There was no one in attendance either in support of or in opposition to the request. There were no objections from any Departments or Agencies. 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 A296/04 A. PETER ACETO, be APPROVED in accordance with the sketch attached Please note: L. Fluxgold left the chambers at this time due to a pre-disclosed conflict of interest and did not take part in the discussions nor did he vote on the following items. 14. FILE NO: A302/04 LUTONE ENTERPRISES INC. Part of Lot 24, Concession 8, (Lot 29, Plan 275, municipally known as Islington Avenue, Kleinburg). The subject lands are zoned C1, Restricted Commercial, under By-law 1-88 as amended. The applicant is requesting variances to permit a day care use within an existing two storey commercial building, notwithstanding, the nature of the proposed variances, the proposed changes to the existing By-law & the current By-law requirements are as follows: VARIANCES PROPOSED BY-LAW REQUIREMENT Minimum front yard setback to an institutional use 1.76m 15m Minimum side yard setback to an institutional use 0.79m (North side) 15m 4.77m (South side) Minimum lot frontage for an institutional use 17.9m 20m Page 17 of 19

18 14. FILE NO: A302/04 LUTONE ENTERPRISES INC. George E. Zanette, 21 Sara Street, Woodbridge, Ontario, L4L 8P1, appeared as the agent. Robert Klein, 8 Daleview Court, Kleinburg, Ontario, L0J 1C0; appeared in opposition to the request. Both the Building Standards Department and the Planning Department representative contributed to the discussions. There was no one else inattendance either in support of or in opposition to the request. 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 D. H. Kang Seconded by M. Mauti THAT Application No A302/04 LUTONE ENTERPRISES INC., be APPROVED in accordance with the sketch attached L. Fluxgold returned to the Chambers at this time. 15. FILE NO: A286/04 GAETANO & GIUSEPPINA LUCCHESE Part of Lot 15, Concession 6, (Part of Lot 75, - East Side, Registered Plan 65M-3432, municipally known as 83 Orr Avenue, Woodbridge.) The subject lands are zoned RR, Rural Residential subject to the provisions of Exception Number 9(1141) under By-Law 1-88 as amended. The applicants are requesting variances to permit the construction of a 1 ½ storey single family detached dwelling with attached garage, notwithstanding, the proposed changes to the existing By-Law & current By-Law requirements are as follows: Proposal: Maximum lot coverage 28% Minimum interior side yard 1.5m. By-Law Requirements: Maximum lot coverage 15% Minimum interior side yard 4.5m. Pietro Ferrari, the agent, appeared on behalf of the applicant and gave a brief submission regarding the request. The Committee asked Mr. Ferrari if he would consider reducing the lot coverage. Mr. Ferrari conferred with the applicant Mr. Gaetano Lucchese, who told the Committee that he will not reduce the lot coverage. Page 18 of 19

19 15. FILE NO: A286/04 GAETANO & GIUSEPPINA LUCCHESE There was no one in attendance either in support of or in opposition to the request. Primo Tarantini, 95 Orr Avenue, Woodbridge, Ontario, L4L 9M8 requested a copy of the decision by written submission dated September 22, The Planning Department made the following written comments: The applicant has applied for a variance to permit the construction of a one & half storey single detached dwelling. The applicant is requesting a variance to the maximum lot coverage requirements. The applicant is requesting the maximum lot coverage to be 28% rather than the required maximum lot coverage of 15%. It is noted that the applicant is also requesting the minimum interior side yard to be 1.5m rather than the required 4.5m. The Committee approved Application A158/03 on July 10, 2003 and Application A213/03 on August 7, 2003, which requested 20.1% lot coverage. The Committee also approved Application A95/04, which received 26.5% lot coverage on March 25, The Community Planning Department does not support Application A286/04. 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 objections from any Departments or Agencies. The Committee is of the opinion that the variances sought can not be considered minor and are not desirable for the appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will not be maintained. MOVED by D. H. Kang Seconded by L. Fluxgold THAT Application No: A286/04 GAETANO & GIUSEPPINA LUCCHESE, be: REFUSED, in accordance with the sketch attached. OTHER BUSINESS That the October 7, 2004 and October 21, 2004 meetings be cancelled That October 14, 2004 meeting be added to the schedule, That the November 18, 2004 meeting be cancelled due to the by-election. MOTION TO ADJOURN THAT the meeting of Committee of Adjustment be adjourned at 8:30 p.m., and the next regular meeting will be held on OCTOBER 14, Page 19 of 19