The Minutes of the 9th Meeting of the Vaughan Committee of Adjustment for the year 1997 Thursday, May 1, 1997

Transcription

1 The Minutes of the 9th Meeting of the Vaughan Committee of Adjustment for the year 1997 Thursday, May 1, 1997 Present at the meeting were: 6:00 p.m. T. Decicco A. Ianni K. Fass Members of Staff present: Dianne Grout, Secretary-Treasurer Lenore Providence, Assistant to Secretary-Treasurer Karen Kirby - Temporary Assistant to Secretary-Treasurer Eugene Fera, Planning Technician Frank DeFrancesco, Zoning 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. ADMINISTRATIVE CORRECTIONS None. DISCLOSURE OF PECUNIARY INTEREST None. ADOPTION OR CORRECTION OF MINUTES The adoption or correction of the April 17, 1997 minutes has been deferred to the May 15, 1997 meeting. ADJOURNMENTS AND/OR DEFERRALS Due to the necessity of recirculating Item #14, TONY DILEO, File No. A108/97, the application has been DEFERRED to the May 15, 1997 Committee of Adjustment meeting. THAT Item #14, TONY DILEO, File No. A108/97, be DEFERRED to the May 15, 1997 Committee of Adjustment meeting. 1

2 1. FILE NOS. B18/97 and A110/97 & TERRENCE LOCHHEAD 2. Southwest of Langstaff Road and Kipling Avenue, being Part of Lot 9, Concession 8, municipally known as 8238 Kipling Avenue. S B18/97 - The purpose of this application is to request the consent of the Committee of Adjustment for a technical conveyance of a parcel of land marked "A" on the attached sketch for residential purposes and retain the land marked "B" on the attached sketch for residential purposes. A110/97 - By-law 1-88 zones this parcel Residential Zone "R3". The applicant is requesting a variance to facilitate the severance of the total land (the retained parcel in File No. B18/97), notwithstanding, the side yard setback will be 0.63m rather than the By-law requires 1.2m. Terrence Lochhead appeared on his own behalf and gave a brief submission regarding the request. There were no objections from any Departments or Agencies and any conditions requested are listed below. THAT Application No. B18/97, TERRENCE LOCHHEAD,, be APPROVED, subject to the following conditions: 1. The applicant shall provide the City with an appraisal report 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 the deeding of land for park purposes shall be made, if required. Said levy is to be 5% of the appraised market value of the subject land as of the day before the day of the giving of consent. Said levy shall be approved by the Manager of Real Estate. Payment shall be made by certified cheque only; 2. That the corresponding variance for side yard setback, File A110/97, be approved; 3. 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; 4. Upon fulfilling and complying with all of the above-noted conditions, and only if required, the Secretary-Treasurer of the Committee of Adjustment must be provided with three (3) copies of the Transfer/Deed of Land for the subject land to be stamped accordingly; or may provide a Certificate to the Applicant stating the Consent has been given in certain cases; 5. Prior to the issuance of a building permit, if required, the applicant shall fulfill and comply with all of the above noted consent conditions; 6. 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 fulfill and comply with all of the (above-noted) conditions, if required, of Consent, failing which the application for consent shall thereupon deem to be refused; 2

3 1. FILE NOS. B18/97 and A110/97 & TERRENCE LOCHHEAD Cont d 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. A110/97, TERRENCE LOCHHEAD, BE APPROVED, subject to the following conditions: 1. That the applicant obtain approval of Consent Applicant B18/97; 2. That if the condition listed above is not fulfilled 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. 3. FILE NO. A102/97 ROYAL STAR INVESTMENTS LTD. North of Centre Street, east of Vaughan Blvd., being Lot 5, Registered Plan 65M-3091, (Part of Lot 6, Concession 2), municipally known as 100 MacArthur Drive. By-law 1-88 zones this parcel Residential Zone "R4". The applicant is requesting variances to permit the maintenance of an existing two-storey, single family detached dwelling, with an attached garage, notwithstanding, the lot coverage will be 35% rather than the by-law requires 30% and the front yard setback will be 6.4m rather than 7.5m. Tal Belavin, 9 Montclair Road, Richmond Hill, Ontario, L4B 2T4; appeared as the agent on behalf of the applicant and gave a brief submission regarding the request. There were no other 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 K. Fass Seconded by T. Decicco That Application No. A102/97, ROYAL STAR INVESTMENTS LTD., BE APPROVED. 3

4 4. FILE NOS. A103/97 to A107/97 to BENFAL DEVELOPMENTS INC. (QUEENS FOREST DEVELOPMENTS) 8. East of Keele Street, north of Major Mackenzie Drive, being Lots 72L, 72R, 73L, 73R and 61L, Registered Plan 65M-3113, (Part of Lot 21, Concession 3), municipally known as 48, 50, 52 and 54 Denton Circle and 3 Prestonwood Court (all respectively). By-law 1-88 zones this parcel Residential Zone "R5". The applicant is requesting variances to permit the maintenance of existing two-storey semi detached single family dwellings, notwithstanding, the front yard encroachments in file A103/97 - A106/97 will be 2.77m, 2.73m, 2.81m, and 2.69m (respectively), rather than the by-law requires 1.8m and the side door setback will be 1.64m (A107/97), rather than 1.8m. There was no one in attendance to represent the applicant. A fax was received from the agent, verifying proof of ownership and requesting the applications be amended to reflect BENFAL DEVELOPOMENTS INC., as the current owner of the above mentioned land. There were no 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. That Application Nos. A103/97 to A107/97 BENFAL DEVELOPMENTS INC. (QUEENS FOREST DEVELOPMENTS), BE APPROVED. 9. FILE NO. A109/97 PIETRO DILEO Southeast of Martin Grove Road and Chancellor Drive, being Lot 41, Registered Plan 65M-2490, (Part of Lot 8, Concession 6), municipally known as 77 Romano Crescent. By-law 1-88 zones this parcel Residential Zone "R3". The applicant is requesting variances to permit the maintenance of an existing shed, notwithstanding, the shed s side yard setback is 0.4m rather than the by-law requires 1.5m and the rear yard setback is 3.20m rather than 7.5m. Lina Chindamo, 76 Robertson Close, Maple, Ontario, L6A 2H1; appeared as the agent, on behalf of her father the applicant and gave a brief submission regarding the request. Ms. Chindamo submitted a petition in support of the application from the following people: Mrs. Pierina Giannetti, 75 Romano Crescent, Woodbridge, Ontario L4L 7M8; Nilo Del Bel, 79 Romano Crescent, Woodbridge, Ontario L4L 7M8; Angelo and Rosa Santoli, 71 Romano Crescent, Woodbridge, Ontario L4L 7M8; Rita and Mike Buffa, 81 Romano Crescent, Woodbridge, Ontario L4L 7M8; Eda and Maria Pallotta, 73 Romano Crescent, Woodbridge, Ontario L4L 7M8; Larry Zeppieri, 94 Romano Crescent, Woodbridge, Ontario L4L 7M7; Antonio DiLeo, 49 San Marco Pace, Woodbridge, Ontario, L4L 7M6 and Julie Petruci, 45 San Marco Place, Woodbridge, Ontario, L4L 7M6. 4

5 9. FILE NO. A109/97 PIETRO DILEO Cont d... A faxed letter in support of the application was received from Mr. and Mrs. Gianneti, 75 Romano Cres., Woodbridge, Ontario, L4L 7M8 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 K. Fass seconded by T. Decicco That Application No. A109/97, PIETRO DILEO, BE APPROVED, subject to the following condition: 1. That if a Building Permit is not issued, based upon the decision of the Committee of Adjustment 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. 10. FILE NO. A111/97 RONALD AND EILENE LEPOFSKY North of Centre Street, east of Bathurst Street, being Lot 209, Registered Plan 65M-2394, (Part of Lot 32, Concession 1), municipally known as 10 Parsons Court. By-law 1-88 zones this parcel Residential Zone R4. The applicants are requesting a variance to permit the proposed construction of a one-storey wooden cabana, notwithstanding the accessory building (cabana) be located in the side yard, whereas Bylaw 1-88 states accessory buildings shall be located in the rear yard. Ronald and Eilene Lepofsky, appeared on their own behalf and gave a brief submission regarding the request. Mr. Lepofsky submitted a letter supporting the request from Mr. and Mrs. Nathan Placey, 14 Parsons Court, Thornhill, Ontario, L4J 6Z4. The Committee asked the applicants why the cabana can t be located in the rear yard. They replied that there will be a pool in the way and that it would be difficult to extend the plumbing required to any other location. There were no objections from any Departments or Agencies and any conditions requested are listed below. 5

6 10. FILE NO. A111/97 RONALD AND EILENE LEPOFSKY Cont d... 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 K. Fass Seconded by T. Decicco Therefore it is the decision of the Committee of Adjustment that Application No. A111/97, RONALD AND EILENE LEPOFSKY, be APPROVED, subject to the following conditions: 1. That the variance for the location of the accessory building (cabana) be conditional upon the property being constructed in accordance with the attached sketch, to the satisfaction of the Building Standards Department. 2. That if the condition listed above is not fulfilled 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. 11. FILE NOS. A112/97 to A116/97 to NATIONAL HOMES (WOODBRIDGE) INC. 15. On the north side of Highway #7, east of Martin Grove Road and being Block 15, Lot 1L; Block 14, 22R; Block 14, 22L; Block 14, 21L and Block 14, 22R, (all respectively) Draft Plan of Subdivision 19T (Part of Lot 6, Concession 8), municipally known as 5480 and 5500 Highway No. 7. S A112/97 - By-law 1-88 zones this parcel Residential Zone R5. The applicant is requesting a variance to permit the construction of a proposed 2-storey semi-detached home with an attached garage, notwithstanding the minimum side yard setback will be 12m, rather than By-law 1-88 requires 13.7m. A113/97 - By-law 1-88 zones this parcel Residential Zone R5. The applicant is requesting a variance to permit the construction of a proposed 2-storey semi-detached home with an attached garage, notwithstanding the rear yard setback will be 9m, rather than By-law 1-88 requires 13.7m. A114/97 - By-law 1-88 zones this parcel Residential Zone R5. The applicant is requesting variances to permit the construction of a proposed 2-storey semi-detached home with an attached garage, notwithstanding the rear yard setback will be 9m, rather than By-law 1-88 requires 13.7m and the side yard setback will be 9.6m, rather than By-law 1-88 requires 10.9m. A115/97 - By-law 1-88 zones this parcel Residential Zone R5. The applicant is requesting a variance to permit the construction of a proposed 2-storey semi-detached home with an attached garage, notwithstanding the rear yard setback will be 10m, rather than By-law 1-88 requires 13.7m. A116/97 - By-law 1-88 zones this parcel Residential Zone R5. The applicant is requesting a variance to permit the construction of a proposed 2-storey semi-detached home with an attached garage, notwithstanding the rear yard setback will be 10m, rather than By-law 1-88 requires 13.7m. 6

7 11. FILE NOS. A112/97 to A116/97 to NATIONAL HOMES (WOODBRIDGE) INC. Cont d Donna Lue, 291 Edgeley Boulevard, Suite One, Concord, Ontario, L4K 3Z4. appeared as the agent on behalf of the applicant and gave a brief submission regarding 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 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 K. Fass seconded by T. Decicco Therefore, it is the decision of the Committee of Adjustment that Application Nos. A112/97 - A116/97, NATIONAL HOMES (WOODBRIDGE) INC., be APPROVED, subject to the following conditions: 1. That the variances for the reduction in the rear yard setback (File Nos. A113/97 - A116/97) and side yard setback (File Nos. A112/97 and A114/97) be conditional upon the property being constructed in accordance with the attached sketch, to the satisfaction of the Building Standards Department. 2. That the applicant shall provide noise abatement for units affected at no cost to the Region, if required, to the satisfaction of the York Region Transportation and Works Department. 3. That if the conditions listed above are not fulfilled 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. 16. FILE NO. A117/97 ENZO AND ANGELA LUONGO West of Keele Street, south of Rutherford Road being Block 29, Plan 65M-3071, (part of Lot 15, Concession 4), municipally known as 35 Sherwood Park Drive. By-law 1-88 zones this parcel Street Townhouse Dwelling RM1. The applicant is requesting a variance to permit the maintenance of an existing rear deck attached to a 2-storey end unit townhouse with a walkout basement, notwithstanding the rear yard deck encroachment will be 4.66m, rather than By-law 1-88 requires 1.8m. Enzo Luongo, appeared on his own behalf and gave a brief submission regarding the request. Mr. Luongo submitted a letter supporting the request, from Carlo and Susanne Tarantino, 30 Alberta Drive, Concord, Ontario L4K 4X8 and the original letter of support from Jacky Luk and Lily Tjhia, 31 Sherwood Park Drive, Concord, Ontario, L4K 4X8. 7

8 16. FILE NO. A117/97 ENZO AND ANGELA LUONGO Cont d... A letter supporting the request was submitted to the office from Akbar Sharifi, 37 Sherwood Park Drive, Concord, Ontario, L4K 3X8. A fax supporting the request was received from Jacky Luk and Lily Tjhia, 31 Sherwood Park Drive, Concord, Ontario, L4K 3X8. Planning made the following comments: Staff question the minor nature of the proposed variance. 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. seconded by K. Fass Therefore, it is the decision of the Committee of Adjustment that Application No. A117/97, ENZO AND ANGELA LUONGO be APPROVED, subject to the following condition: 1. That if a Building Permit is not issued, based upon the decision of the Committee of Adjustment 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. 17. FILE NO. A118/ ONTARIO LIMITED/FIELDGATE DEVELOPMENT Southwest of Rutherford Road and Islington Avenue, being Lot 1, Plan 65M-3116, (part of Lot 15, Concession 7), municipally known as 2 Humberwood Gate. By-law 1-88 zones this parcel Residential Zone R2. The applicants are requesting variances to permit the construction of a proposed single family dwelling, notwithstanding the front yard setback will be 6 30m, rather than By-law 1-88 requires 7.50m and the rear yard setback will be 1.5m, rather than By-law 1-88 requires 7.50m. The garage width will be 2.70m, rather than By-law 1-88 requires 3.00m. Frank Mantia, the agent, appeared on behalf of the applicant and gave a brief submission regarding the request. He stated that due to the irregularity in the shape of the lot, variances would be required no matter how they positioned the house. Planning Staff question the need for the reduction in garage width. 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. 17. FILE NO. A118/ ONTARIO LIMITED/FIELDGATE DEVELOPMENT Cont d... 8

9 MOVED by K. Fass seconded by T. Decicco Therefore, it is the decision of the Committee of Adjustment that Application No. A118/97, ONTARIO LTD./FIELDGATE DEVELOPMENT, be APPROVED, subject to the following conditions: 1. That the variances for the reduction in the front yard, rear yard setbacks and the garage width are conditional upon the property being constructed in accordance with the attached sketch, to the satisfaction of the Building Standards Department. 2. That if the condition listed above is not fulfilled 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. 18. FILE NO. A119/97 PAMELA AGAR Northwest of Highway #7 and Kipling Avenue, being Lot 46, Registered Plan 2073, (part of Lot 6, Concession 8), municipally known as 47 Ellerby Square North. By-law 1-88 zones this parcel Residential Zone R3. The applicant is requesting variances to permit the construction of a proposed wooden deck attached to a single family dwelling (stucco bungalow), notwithstanding the exterior side yard setback will be 0.6m, rather than By-law 1-88 requires 4.5m and the interior side yard setback will be 1.06m, rather than By-law 1-88 requires 1.2m. Randy Shepherd, 47 Ellerby Square, Woodbridge, Ontario, L4L 1N2, appeared along with the applicant and gave a brief submission regarding the request. He submitted photographs and a petition in support of the request from the following people: Ron Findlay, 43 Ellerby Square N., Woodbridge, Ontario, L4L 1N2; Brian Yonge 44 Rainbow Drive, Woodbridge, Ontario L4L 2K2; P. Fusco, 20 Ellerby Square N., Woodbridge, Ontario, L4L 1N1; Harold Lund, 60 Ellerby Square N., Woodbridge, Ontario, L4L 1N1; Giuseppe Marchese, 44 Ellerby Square N., Woodbridge, Ontario, L4L 1N1; Deanna Kinoness, Debbie Duncan-Davies, Geoff Davis, 39 Ellerby Square N. Woobridge, Ontario, L4L 1N2; G. Marra, 70 Ellerby Square N., Woodbridge, Ontario, L4L 1N1. Mr. Shepherd agreed to the Committee s suggestion of adding a condition whereby the porch/veranda be unenclosed. Planning Department made the following comments: Planning Staff have no objection to the proposed interior side yard setback variance; however, are of the opinion the proposed exterior side yard variance is not minor in nature. There were no other 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. 18. FILE NO. A119/97 PAMELA AGAR Cont d... MOVED by K. Fass seconded by T. Decicco 9

10 Therefore, it is the decision of the Committee of Adjustment that Application No. A119/97, PAMELA AGAR, be APPROVED, subject to the following conditions: 1. That the variances for the reduction in the exterior side yard and the interior side yard setbacks are conditional upon the property being constructed in accordance with the attached sketch, to the satisfaction of the Building Standards Department. 2. That the veranda and/or porch not be enclosed, if required, to the satisfaction of Building Standards Department. 3. That if the conditions listed above are not fulfilled 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. OTHER BUSINESS None. MOTION TO ADJOURN THAT the meeting of Committee of Adjustment be adjourned at 6:35 p.m., and the next regular meeting will be held on May 15,