The Minutes of the 17TH Meeting of the Vaughan Committee of Adjustment for the year 2003 WEDNESDAY, OCTOBER 1, :00p.m.

Transcription

1 The Minutes of the 17TH Meeting of the Vaughan Committee of Adjustment for the year 2003 WEDNESDAY, OCTOBER 1, 2003 Present at the meeting were: 6:00p.m. K. Connell D. DeCicco L. Fluxgold M. Mauti S. Perrella Members of Staff present: Dianne E.L. Grout, Secretary-Treasurer Lenore Providence, Assistant to the Secretary-Treasurer Glenn White, Planner Craig Coulter, Plans Examiner INTRODUCTION OF ADDENDUM REPORTS MOVED by S. Perrella Seconded by L. Fluxgold That the addendum reports be incorporated into the minutes and be on view at the back of the room in the Report Book. CARRIED DISCLOSURE OF PECUNIARY INTEREST NONE. ADOPTION OR CORRECTION OF MINUTES MOVED by S. Perrella Seconded by L. Fluxgold THAT the minutes of the Committee of Adjustment Meeting of Thursday, September 4, 2003, be adopted as circulated. CARRIED It should be noted that T. DeCicco and K. Connell abstained from voting on the above matter as they were not in attendance at the September 4, 2003 meeting. ADJOURNMENTS AND/OR DEFERRALS September 24, 2003, a faxed letter was received from Robert DeAngelis, the agent, regarding Item # 6, File No. B85/03, GIULIO AND ELSIE ANANIA (Previously HELGA GRAAF), requesting that the application BE ADJOURNED SINE DIE to address issues related to Planning Department and a re-zoning application that had been submitted concurrently with this application. September 23, 2003, a letter was received from Frank Iacono, the agent, regarding Item # 21, File No. A250/03, FILIPPA STELLA IACONO, requesting that the application BE ADJOURNED SINE DIE in order for the agent to resolve issues with the Toronto and Region Conservation Authority and with the City Planning Department. MOVED by S. Perrella Seconded by L. Fluxgold THAT Item # 6, File No. B85/03, GIULIO AND ELSIE ANANIA (Previously HELGA GRAAF), BE ADJOURNED SINE DIE. Page 1 of 17

2 ADJOURNMENTS AND/OR DEFERRALS THAT Item # 21, File No. A250/03, FILIPPA STELLA IACONO, BE ADJOURNED SINE DIE. CARRIED ADMINISTRATIVE CORRECTIONS NONE PREVIOUSLY ADJOURNED FROM THE NOVEMBER 7/02 & DECEMBER 12/02 MEETINGS 1. FILE NO.: A427/02 GIUSEPPINA FERRARI Part of Lot 8, Concession 7, (Lot 5, Registered Plan 65M-2165,Municipally known as 111 Rosebury Lane). The subject lands are zoned R3, Residential subject to the provisions of Exception Number 9(341) under By-Law 1-88 as amended. PRIOR to the applicant s submission, the applicant amended the Sketch as follows: to remove a triangular section at the north west corner of the deck.. The applicant is requesting variances to permit the maintenance of a existing deck, notwithstanding, the minimum rear yard to the deck is 0.2m and the side yard setbacks to the deck is 0.3m, rather than the By-law requires the minimum rear yard setback to be 5.7m and the side yard setbacks to be 1.2m. Sam Cancellara, appeared as the agent on behalf of his wife, the applicant, and told the Committee that in addition to levelling off the corner of the deck which he illustrated in his revised drawings, he would consider cutting down the lattice on the fence to address the neighbours concerns regarding their blocked view. Mr. Cancellara, told the Committee that he built the deck to give his children a flat surface to play, as his rear yard slopes. While reviewing the previously submitted photographs (submitted by both the applicant and the neighbour), the Committee discussed the differences between the applicants deck and the objecting neighbours deck. Mr. Cancellara told the Committee that any adjustments to the side yard will result in the loss of his stairs, that he requires for an emergency escape route. Michael Pavicic, 113 Rosebury Lane, L4L 2S2, appeared in opposition on behalf of his mother Josipa Pavicic, the adjacent neighbour. The main concerns were that the deck was too close in the side yard and that the lattice obstructs their view from their back yard. He told the Committee that it was brought to his attention that his deck may be in contravention to the By-law and if that is the case, he would be willing to make his deck comply with the By-laws. The Committee asked Mr. Cancellara, if he had a letter of support from the owner that backs onto his property. Mr. Cancellara, told the Committee that he had spoken with his neighbour to the rear, who had no problem with the deck. However, before a letter of support could be signed, his neighbour passed away and Mr. Cancellara, did not want to request a letter from his widow. The Committee had some discussions with the Planning Department who told the Committee that they would be satisfied with a rear yard setback of 2.7m (9 feet) and a westerly side yard in alignment with the existing house. Page 2 of 17

3 CONT D PREVIOUSLY ADJOURNED FROM THE NOVEMBER 7/02 & DECEMBER 12/02 MEETINGS 1. FILE NO.: A427/02 GIUSEPPINA FERRARI Mr. Cancellara, questioned why he had to make these amendments, especially in the western side yard, when his neighbour s deck is on, or extends over the property line onto his property. The Committee told Mr. Cancellara, that his property is before the Committee, not Ms. Pavicic s, property, and they can only address the variances on his application. Mr. Cancellara, told the Committee that he had started the process which will result in his neighbour having to apply to the Committee of Adjustment and would like to adjourn his application until such time as his neighbour submits the application for her deck so that both properties can be addressed together at the same meeting. The Committee told Mr. Cancellara, that they will require a letter from the neighbour from the rear in support of his application and regardless of Ms. Pavicic requiring an application they will not wait beyond the first meeting in January (January 8, 2004) to make a decision on this application. There was no one else in attendance either in support of or in opposition to the request. Previously on record in the November 7, 2002 minutes: A fax dated November 6, 2002 was received from Paul Bottos, Piccin, Bottos, 4370 Steeles Ave., West, Suite 201,, L4L4Y4, representing Ms. Pavicic, of 113 Roseberry Lane, Woodbridge. Previously on record in the November 7, 2002 minutes: A petition in support of the application was submitted November 7, 2002, by the applicant from the following people: Luciano Querin, 109 Rosebury Lane,, L4L 3Z1; Greg & Lynda LeBlanc, 100 Rosebury Lane,, L4L 3Z8; Pamela Dvon, 97 Rosebury Lane,, L4L 3Z1; Nadia & Peter Bartha, 92 Rosebury Lane,, L4L 3Z8; Occupant, 110 Rosebury Lane,, L4L 3Z8, Occupant, 118 Rosebury Lane,, L4L 3Z8; Anthony Didiano, 122 Rosebury Lane,, L4L 3Z8; T. Sarget, 140 Rosebury Lane,, L4L 3Z8. The Community Planning Department made the following written comments: The deck covers the majority of the rear yard. The requested setbacks are not minor variances to the By-law standard. There were no other objections from any Departments or Agencies and any conditions of approval are listed below. MOVED by T. DeCicco Seconded by L. Fluxgold THAT Item No. 7, File No. A427/02 GIUSEPPINA FERRARI, be ADJOURNED to the January 8, 2004 meeting to allow time for the applicant to obtain a letter of support form the owner backing onto the subject property and to see if an application will be submitted for the neighbour at 113 Rosebury Lane. Page 3 of 17

4 CONT D PREVIOUSLY ADJOURNED FROM THE SEPTEMBER MEETING 2. FILE NOS: A237/03 to A241/03 to MARKGROVE ESTATES INC. 6. Part of Lot 14, Concession 2, (Lots 87, 29, 85, 84, & 80, Registered Plan No. 65M-3650, municipally known as 38, 41, 46, 50 & 72 Serene Way, Thornhill (respectively). A241/03 - The subject lands are zoned RV3, Residential Urban Village Zone Three and subject to the provisions of Exception Number 9(1063) under By-law1-88 as amended. A237/03 to A240/03 The subject lands are zoned RV4, Residential Urban Village Zone Four and subject to the provisions of Exception Number 9 (1063) under By-law 1-88 as amended. PRIOR to the applicant s submission, the applicant amended the Applications, Notice of Application and sketches as follows: A237/03 Maximum building height will be 9.97m A238/03 Maximum building height will be 9.90m A239/03 Maximum building height will be 9.99m A240/03 Maximum building height will be 10.57m A241/03 Maximum building height will be 10.17m THEREFORE, the purpose of these applications is to request a variance to permit the continued construction of a single family detached dwelling (per lot), notwithstanding, the maximum building height will be 9.97m, 9.9m, 9.99m, 10.57m and 10.17m, all respectively, rather than the By-law requires the maximum building height to be 9.5m. Aldo Mirigello, the owner, appeared on his own behalf. Previously on record in the September 4, 2003 mintues: A fax was received from Nashrudeen & Y Hack, 7 Townsgate Drive, Unit 816, Thornhill, Ontario, L4J 7Z9, in objection to the request in regard to File No. A237/03, expressing concerns of wind damage and loss of energy efficiency. THAT the Committee is of the opinion that the variances sought can be considered minor and are desirable for the appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will be maintained. MOVED by L. Fluxgold Seconded by K. Connell THAT Application Nos. A237/03 to A241/03 MARKGROVE ESTATES INC, be APPROVED, AS AMENDED, in accordance with the sketches attached. Page 4 of 17

5 Cont d. PREVIOUSLY ADJOURNED FROM THE SEPTEMBER MEETING 7. FILE NO: A242/03 VITA DI BLASI Part of Lots 17 & 18, Concession 4, (Lot 34, Registered Plan No. 65M-3062, municipally known as 21 Glenside Drive, Maple). The subject lands are zoned R2, Residential, under By-law 1-88, subject to Exception 9(893). The applicant is requesting a variance to permit the construction of an accessory building (pool cabana) in the rear yard of an existing two storey single detached dwelling, notwithstanding, the minimum rear yard setback will be 1.2 metres, rather than the By-law states the minimum rear yard setback to be 9.0 metres. Bruno Di Tomaso, the agent, appeared on behalf of the applicant. A faxed petition was received on August 5, 2003, in support, from the following people: C. Staltieri 41 Glenside Drive R. Mendicino 16 Glenside Drive V. Di Blasi 8 Glenside Drive M. Lorzides 11 Glenside Drive O. Teles 37 Glenside Drive Cuong Hoang 17 Glenside Drive C. Rossi 31 Glenside Drive H. Yu 27 Glenside Drive S. Corbo 165 Hollybush Drive The Planning Department made the following written comments: Increasing the size of the accessory structure would require that the structure have a minimum rear yard setback of 9.0m. Also the subject lands abut lands that are zoned OS1 Open Space Conservation Zone The Community Planning Department is of the opinion that the proposed variance is not minor in nature and could not be considered an appropriate development. This department does not support Variance Application A242/03. There were no other objections from any Departments or Agencies. THAT the Committee is of the opinion that the variance sought can be considered minor and is desirable for the appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will be maintained. MOVED by T. DeCicco Seconded by K. Connell THAT Application No. A242/03 VITA DI BLASI, be APPROVED in accordance with the sketch attached. Page 5 of 17

6 CONSENT PUBLIC HEARING: 8. FILE NO: B76/03 and B77/03 & STJEPAN GAJCEVIC 9. (Part of East Half of Lot 30, Concession 7, municipally known as Pine Valley Drive,.) S The purpose of these applications is to request the consent of the Committee of Adjustment to convey a parcel of land to create a new lots for rural residential purposes, together with all required easements and right-of-ways, if required, and retain lands for rural residential purposes. The site is located at the southwest corner of Kirby Road and Pine Valley Drive. There is frontage on Kirby Road and flankage on Pine Valley Drive. There are two (2) detached dwellings, one facing Kirby Road and one at Pine Valley Drive. (Assessed under the Pine Valley address.) Both the subject and retained lands are zoned A, Agricultural subject to the provisions of Exception Number 9(671) under by-law 1-88 as amended. Other Planning act Applications The land which is the subject in this application is also the subject of an application under the Planning act for: Consent File # B76/03 TO BE HEARD IN CONJUNCTION WITH THIS APPLICATION File # s B77/01, B78/01 FILES CLOSED as the applicant did not proceed with these files at that time. Resubmitted current files. File # B43/01 APPROVED (May 17/01) (Addition to the lot to the south- Certificates Issued Apr. 23/02) Minor Variance File # s A108/01, A109/01 APPROVED (May 17/01) (A108/01- lot frontage18.89m & A109/01- lot area 45,880m 2 ) Zoning By-Law Amendment File # Z ADOPTED BY Council August 25, 2003, By-Law going before council September 22, 2003 Ian Fraser, the agent, appeared on behalf of the applicant. In regards to the petition in objection to his application, he told the Committee that he confirmed that proper notice was give to the neighbours. Mr. Fraser questioned whether or not the objectors have confused his application with property found across the street (owned by someone else), since the by-law reference in the letter pertained to the lands found on the other side of Pine Valley Drive. Mr. Umberto B. O Archi, 120 Stephanie Boulevard,, L4L 1A6, appeared in opposition to the application and re-iterated concerns raised in the objection letter (namely improper notification and broken agreements) and told the Committee that he didn t understand how these applications were possible. The Planning Department explained that a recent By-law amended the by-law to allow for lot s of these size. Mr. O Archi was unfamiliar with By-law and asked the Committee for an opportunity to read a copy. There was no one else in attendance either in support of or in opposition to the request. A petition in opposition was submitted on September 30, 2003 from Mrs. Perruzza, 120 Stephanie Boulevard, L4L 1A6 from the following people: Mr. & Mrs P. Wortley 70 Stephanie Boulevard, L4L 1A6 B76/03 & B77/03 Mr. & Mrs F. Perruzza 120 Stephanie Boulevard, L4L 1A6 B76/03 & B77/03 Mr. & Mrs E. De Rango 90 Stephanie Boulevard, L4L 1A6 B76/03 & B77/03 Mr. & Mrs Marono 130 Stephanie Boulevard, L4L 1A6 B76/03 & B77/03 Mr. & Mrs Robert J. White 106 Stephanie Boulevard, L4L 1A6 B76/03 & B77/03 Mr. & Mrs Nardi 70 Stephanie Boulevard, L4L 1A6 B76/03 & B77/03 Page 6 of 17

7 CONSENT PUBLIC HEARING: 8. FILE NO: B76/03 and B77/03 & STJEPAN GAJCEVIC 9. There were no objections from any Departments or Agencies and any conditions requested are listed below. MOVED by S. Perrella Seconded by T. DeCicco THAT Application Nos. B76/03 and B77/03 STJEPAN GAJCEVIC, be STOOD DOWN, to allow Mr. Umberto B. O Archi to read a copy of By-law CARRIED 10. FILE NO: A245/03 LOUKAS PROPERTIES INC. Part of Lot 14, Concession 3, (Lot 8, Registered Plan 65M-3077, municipally known as 488 Basaltic Road, Concord.) The subject lands are zoned EM1, Prestige Employment, under By-Law 1-88 as amended. The applicant is requesting variances to permit the construction of a one storey industrial building with a two storey office area, 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 rear yard setback 8.326m 12.0m Maximum width of an access driveway which serves the movement of trucks to 15.0m 13.5m and from the loading spaces Minimum landscape buffer along property lines abutting the OS1 Open Space Conservation zone (as per sketch) 1.585m to 7.395m 7.5m Minimum driveway aisle width 4.5m 6.0m 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: Site Dev. Application/Zoning Application to lift H Holding Symbol, File Z and DA ADOPTED BY Council September 8, Robert Green, Climans Green Luang Architects Inc., 160 Pears Avenue Suite 212, Toronto, Ontario, M5R 1T2, appeared as the agent, on behalf of the applicant and gave a brief submission regarding the request. Page 7 of 17

8 10. FILE NO: A245/03 LOUKAS PROPERTIES INC. THAT 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 S. Perrella Seconded by K. Connell AND THAT Application No: A245/03 LOUKAS PROPERTIES INC., be: APPROVED, in accordance with the sketch attached. CARRIED 11. FILE NO: A246/03 SOOKRAM & KOOSHO MOHAN Part of Lot 8, Concession 6, (Lot 139, Registered Plan No. 65M-2490, municipally known as 2 Via Nova Drive, Woodbridge). 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 the maintenance of a verandah canopy in the rear yard of a two storey single family detached dwelling, notwithstanding, the minimum rear yard setback to the canopy is 5.29 metres, rather than the By-law states the minimum rear yard setback shall be 7.5 metres Mike Oliveire, the agent, appeared on behalf of the applicant. 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. Connell Seconded by L. Fluxgold THAT Application No. A246/03 SOOKRAM & KOOSHO MOHAN, be APPROVED in accordance with the sketch attached. Page 8 of 17

9 12. FILE NO: A247/03 AMELIA CALDARINO Part of Lot 15, Concession 6, (Lot 16, Registered Plan No. 65M-3234, municipally known as 72 Deer Run Court, Woodbridge). The subject lands are zoned R1, Residential, under By-law 1-88 as amended. The applicant is requesting variances to permit the maintenance of an existing shed/greenhouse in the rear yard of a two storey single family detached dwelling, notwithstanding, the maximum shed size is 11.1m 2 ; the minimum rear yard setback is 1.2 metres; and the minimum side yard setback is 1.2 metres; rather than the By-law states the maximum shed size shall be 10m 2 ; the minimum rear yard setback shall be 7.5 metres; and the minimum side yard setback shall be 1.5 metres. Mr. Caldarino, the husband of the applicant appeared on his wife s behalf. On September 9, 2003, Mr. Caldarino, submitted a petition in support of the application from the following people: Bruno & Franca Ierullo 66 Deer Run Court L4L 9J2 Vince Conte 60 Deer Run Court L4L 9J2 Alvaro & Angie Cappelli 54 Deer Run Court L4L 9J2 Nader Khodaparast 78 Deer Run Court L4L 9J2 Jose Baptista 90 Deer Run Court L4L 9J2 Giuseppe Roti 89 Deer Run Court L4L 9J2 Robert Farrugia 71 Francesca Court L4L 9L2 The Committee is of the opinion that the variances sought can be considered minor and are desirable for the appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will be maintained. MOVED by T. DeCicco Seconded by S. Perrella THAT Application No. A247/03 AMELIA CALDARINO, be APPROVED, in accordance with the sketch attached. Page 9 of 17

10 Cont d. 13. FILE NO: A248/03 PROMENADE PARK LIMITED Part of Lot 2, Concession 5, (Part of Lot 7, Registered Plan No. 65M-2325, municipally known as 100 Promenade Circle, Thornhill). The subject lands are zoned RA3, Apartment Residential and subject to the provisions of Exception Number 9(480) under By-law 1-88 as amended. The applicant is requesting a variance to permit the construction of two proposed 16 storey condominium buildings, (two condominium towers with a one storey common lobby and recreation area), notwithstanding, the minimum amenity space will be 9700m 2, rather than the By-law states the minimum amenity space shall be 15,445m 2. Other Planning Act Applications: OMB File Nos. R (Zoning By-law ) O (OP Z O (OP ) Rezoning Application Z In this limited respect the Appeal to Zoning of Mr. Burstyn is allowed. Otherwise, on the merits, the Appeals, consolidated as to Zoning By-law and Official Plan Amendment 590, are dismissed. OMB issue date July 22, 2003 Minor Variance Application No. A160/89 Approved Sept 20/89 (Security gatehouse) Minor Variance Application No. A71/90 Approved May 31, 1990 (driveways, parking, lot frontage) Minor Variance Application No. A103/95 Approved June 1, 1995 (Lot Area, landscape strip, total amenity area) Sal Vitiello, the agent, appeared on behalf of the applicant. 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. Connell Seconded by L. Fluxgold THAT Application No. A248/03 PROMENADE PARK LIMITED, be APPROVED. in accordance with the sketch attached. 14. FILE NO: A249/03 GRAND VALLEY DEVELOPMENTS (MAPLE) INC. Part of Lot 22, Concession 5, (Lot 97 Right, Registered Plan No. 65M-3623, municipally known as 86 Del Francesco Way, Maple). Page 10 of 17

11 14. FILE NO: A249/03 GRAND VALLEY DEVELOPMENTS (MAPLE) INC. The subject lands are zoned RVM1(B), Residential Urban Village Multiple Zone under By-law 1-88 as amended. The applicant is requesting a variance to permit the maintenance of a two storey single family dwelling on a corner semi lot, notwithstanding, the maximum lot frontage is 11.5 metres, rather than the By-law states the maximum lot frontage shall be metres. Daniel Bruno, the agent, appeared on behalf of the applicant. The Committee is of the opinion that the variance sought can be considered minor and is desirable for the appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will be maintained. MOVED by T. DeCicco Seconded by S. Perrella THAT Application No. A249/03 GRAND VALLEY DEVELOPMENTS (MAPLE) INC,, be APPROVED in accordance with the sketch attached. 15. FILE NO: A251/03 LORWOOD HOLDINGS INC. Part of Lot 15, Concession 4, (Block 1, Registered Plan 65M-3381, municipally known as 350 Caldari Road, Concord). The subject lands are zoned EM1, Prestige Employment Area, under By-law 1-88, as amended The applicant is requesting variances to permit the construction of two proposed one-storey industrial buildings (adjacent to the existing building at 350 Caldari Road), notwithstanding, the location of the loading space will be permitted between a building and a street and the number of parking spaces provided will be 172, rather than the By-law does not permit loading and unloading between a building and a street and the By-law requires 177 parking spaces be provided. Other Planning Act Applications The land which is the subject in this application was the subject on an application under the Planning Act for: Minor Variance File No. A346/01 APPROVED Dec 6/01 (loading and unloading space will be between a building and a street) Site Plan File No. DA APPROVED Sept 16/03 Brian Martin, the agent, appeared on behalf of the applicant and told the Committee that he was concerned that the Planning Departments comments only made mention of only one of the two buildings on the property. The Committee reassured Mr. Martin that any decision made by the Committee will pertain to the entire property which includes both buildings on the lot, as per the intent of the application. Page 11 of 17

12 15. FILE NO: A251/03 LORWOOD HOLDINGS INC. 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 S. Perrella Seconded by K. Connell THAT Application No, A251/03 LORWOOD HOLDINGS INC.,, be APPROVED in accordance with the sketch attached. CARRIED 16. FILE NO: A252/03 NORTHDALE RIDGE DEVELOPMENT LTD. Part of Lot 28, Concession 3, (Lot 4, Registered Plan 65M-3544, municipally known as 400 Athabasca Drive, Maple.) The subject lands are zoned R1, Residential, subject to the provisions of 9(948), under Bylaw 1-88, as amended. The applicant is requesting a variance to permit the construction of a two storey single family detached dwelling, with attached garage, notwithstanding, the maximum lot coverage will be 29.8%, rather than the By-law requires maximum lot coverage of 28%. Richard Costigan, the agent, appeared on behalf of the applicant. 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. Connell Seconded by S. Perrella THAT Application No: A252/03 NORTHDALE RIDGE DEV. LTD., be: APPROVED, in accordance with the sketch attached. Page 12 of 17

13 17. FILE NO: A253/03 METRUS PROPERTIES LIMITED Part of Lot 13, Concession 4, (Lot 7, Registered Plan 65M-2601, municipally known as 131 Caldari Road, Unit 3, Concord.) The subject lands are zoned Em2, General Employment Area, under By-law 1-88, as amended. The applicant is requesting a variance to permit the construction of an outside dust collector to an existing one storey industrial building, notwithstanding, the minimum parking spaces will be 248, rather than the By-law requires minimum parking spaces of 256. Rene Koningen, the agent, appeared on behalf of the applicant. THAT 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. Connell Seconded by S. Perrella THAT Application No: A253/03 METRUS PROPERTIES LIMITED., be: APPROVED, in accordance with the sketch attached. 18. FILE NO: FRANK BOZZO Part of Lot 15, Concession 6, (Lot 48, Registered Plan 65M-3432, municipally known as 207 Siderno Cres., Woodbridge.) The subject lands are zoned R1, Residential and subject to the provisions of By-Law 1-88 as amended. The applicant is requesting a variance to permit the maintenance of a rear yard deck to an existing two storey single family detached dwelling, with attached garage, notwithstanding, the maximum lot coverage will be 38.7%, rather than the By-law requires maximum lot coverage of 35%. Mr. Frank Bozzo, the applicant, appeared on his own behalf. Page 13 of 17

14 18. FILE NO: FRANK BOZZO On September 15, 2003, Mr. Bozzo submitted letters in support of his application from the following people: PHILIP DIMARIA 243 SIDERNO CRES., ANTONIO CARNEVALE 21 SIDERNO CRES CAMILLO CASCIATO 219 SIDERNO CRES IVAN RADILEVICH 203 SIDERNO CRES NADIA PELLICCIONE 197 SIDERNO CRES AUGUSTO STEFAN 183 SIDERNO CRES LEONARDO CHIELLA 29 SIDERNO CRES SILVANA CIVILLI 35 SIDERNO CRES JOSEPH A. PEZZELLI 213 SIDERNO CRES ANNA CAFARELLI 191 SIDERNO CRES BRUNO CURCURUTO 51 SIDERNO CRES ANGELO NOVIA 15 SIDERNO CRES TONY FIORENTINO 65 SIDERNO CRES PAUL MICELI 227 SIDERNO CRES SILVANA BAGGETTA 39 SIDERNO CRES FRANCESCO IMPASTATO 59 SIDERNO CRES VINCENSO GIRVASI 231 SIDERNO CRES NICK GENNARO 71 SIDERNO CRES 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 S. Perrella Seconded by K. Connell THAT Application No: FRANK BOZZO, be: APPROVED, in accordance with the sketch attached. 19. FILE NO: A259/03 MACBETH INVESTMENTS CORPORATION Part of Lot 8, Concession 2, (Part of Block 4, Registered Plan 65M-3531, municipally located on Racco Parkway). Page 14 of 17

15 19. FILE NO: A259/03 MACBETH INVESTMENTS CORPORATION The subject and retained lands are zoned EM1, Prestige Employment Area, and subject to the provisions of Exception Number 9(1073) under By-Law 1-88 as amended. The applicant is requesting a variance to permit the construction of a proposed two-storey industrial building, notwithstanding, the minimum interior side yard will be 2.59m, rather than the By-law requires the minimum interior side yard setback to be 6.0m. A sketch is attached illustrating the request. Other Planning Act Applications The land which is the subject in this application was the subject on an application under the Planning Act for: Consent File No. B28/03 Certificates Issued May 12/03 (creation of a new lot for industrial purposes (Approved-Apr. 3/03) File No. B67/02 Certificates Issued Dec 19/02 (creation of a new lot for industrial purposes (Approved-Oct 24/02) Wes Surdyka, the agent, appeared on behalf of the applicant. 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. Connell Seconded by L. Fluxgold THAT Application No, A259/03 MACBETH INVESTMENTS CORPORATION be APPROVED in accordance with the sketch attached CONSENT PUBLIC HEARING: 8. FILE NO: B76/03 and B77/03 & STJEPAN GAJCEVIC 9. Mr. O Archi, returned to the Committee and stated that he read By-law and made inquiries about the appeal process regarding the By-law. The Committee told Mr. O Archi, that they were unfamiliar with zoning by-law procedures and could only discuss the consent applications. The Committee asked Mr. O Archi how the creation of these lots impacted on his property. Mr. O Archi explained to the Committee that the only way that the applicant can be before them is because of the By-law and suggested that the application be adjourned until the appeal period is over before making a decision. The Committee informed Mr. O Archi, that the existence of By-law doesn t prevent the Committee from making a decision, however, if it is his intention to appeal the by-law he may want to appeal the Consent applications if they are approved. MOVED by S. Perrella Seconded by L. Fluxgold Page 15 of 17

16 CONSENT PUBLIC HEARING: 8. FILE NO: B76/03 and B77/03 & STJEPAN GAJCEVIC 9. THAT Application No. B76/03 AND B77/03 STJEPAN GAJCEVIC, 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; 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. 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 By-law be in full force and effect, if required, to the satisfaction of the Planning Department 5. That Consent Application B76/03 and B77/03 be approved; 6. Prior to final approval of the consent application, the transportation and Works Department shall certify in writing that the condition have been met to the satisfaction of the Region, if required, to the satisfaction of the York Region Transportation and Works Department 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; Page 16 of 17

17 CONSENT PUBLIC HEARING: 8. FILE NO: B76/03 and B77/03 & STJEPAN GAJCEVIC 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; CARRIED OTHER BUSINESS NONE MOTION TO ADJOURN MOVED by L. Fluxgold Seconded by K. Connell THAT the meeting of Committee of Adjustment be adjourned at 7:10 p.m., and the next regular meeting will be held on OCTOBER 16, Page 17 of 17