The Minutes of the 7th Meeting of the Vaughan Committee of Adjustment for the year 2002 THURSDAY, APRIL 11, :00p.m.

Transcription

1 The Minutes of the 7th Meeting of the Vaughan Committee of Adjustment for the year 2002 THURSDAY, APRIL 11, 2002 Present at the meeting were: 6:00p.m. T. DeCicco, Vice Chair L. Fluxgold S. Perrella Members of Staff present: Dianne E.L. Grout, Secretary-Treasurer Anne Markovsky, Assistant to the Secretary-Treasurer Glenn White, Planner Gregory Seganfreddo, 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 T. DeCicco declared a conflict of interest with respect to Item # 7 File No. A81/02, BROADWAY HOMES INC., as he has some interest with one of the principals of this application. ADOPTION OR CORRECTION OF MINUTES THAT the minutes of the Committee of Adjustment Meeting of March 21, 2002, be adopted as circulated. It should be noted that T. DeCicco abstained from voting as he was not in attendance during the March 21, 2002 meeting. CARRIED ADJOURNMENTS AND/OR DEFERRALS None. ADMINISTRATIVE CORRECTIONS NONE. (Adjourned from September 20, 2001 meeting) 1. FILE NO.: A244/01 JOHN FILICE & ANGELA DI SANTO Lot 59, Registered Plan No. 65M-3098, (Part of Lot 20, Concession 4, municipally known as 188 Lockheed Avenue, Maple). Page 1 of 13

2 (Adjourned from September 20, 2001 meeting) 1. FILE NO.: A244/01 JOHN FILICE & ANGELA DI SANTO During the applicant s submission it was agreed to amend the Application, Sketch, and Notice of Application as follows: relocating the shed to the southern corner of the rear yard, requiring a rear yard setback only of 1.2m., which eliminated the request for the exterior side yard setback.. The subject lands are zoned AR3" Residential Zone and subject to the provisions of Exception number 9(887) under By-law 1-88 as amended. THEREFORE, the applicants are requesting a variance to permit the continued construction of a rear yard shed, notwithstanding, the rear yard setback will be 1.2m, rather than the By-law requires rear yard setback of 9.0m A petition of support was submitted by the applicant from the following residents: J. SAWKA 189 LOCKHEED AVE L6A 2M7 MR. MARCOCCIA 185 LOCKHEED AVE D. GIORGI 185 LOCKHEED AVE L6A 2M7 WAYNE CHAN 177 LOCKHEED AVE G. SEOMAURIL 170 LOCKHEED AVE S. CANTOR 198 CHEROKEE DRIVE L6A 2M7 M. TROIANO 176 LOCKHEED AVE A. MAZZOTTA 146 LOCKHEED AVE P. MESSERE 173 LOCKHEED AVE FRANK MUFFO 193 CHEROKEE DRIVE L6A 2M7 R. SOOD 181 CHEROKEE DRIVE L6A 2M7 T. ARETUSI 173 LOCKHEED AVE G. COMO 115 HUDSON DRIVE TONY ANANIA 180 LOCKHEED AVE M. RACCO 197 CHEROKEE DRIVE R. MAMONE 111 HUDSON DRIVE G. GIZZO 181 LOCKHEED AVE A. STURINO 169 LOCKHEED AVE L. NEWTON 165 LOCKHEED AVE J. KENDHARI 188 CHEROKEE DRIVE L6A 2M7 A. AMODEO 15 MUSTANG ROAD Page 2 of 13

3 A. DELUCA 25 MUSTANG ROAD J. ROVITO 19 MUSTANG ROAD P. GAGLIARDI 1 MUSTANG ROAD L. TERSIGNI 101 HUDSON DRIVE M. CERRA 81 HUDSON DRIVE F. VIGLIATORE 7 MUSTANG ROAD A. BURBELLO 75 HUDSON DRIVE R. DEVELLIS 184 LOCKHEED DRIVE D. CRISTELLO 184 LOCKHEED DRIVE B. DOMINELLI 88 LOCKHEED AVE L6A 1X9 Joseph Marcellino, 121 Hudson Drive, Maple, Ontario, L6A 1X3, submitted a petition of objection from the following residents: JANET GRUMUNDI 29 MUSTANG ROAD, RAFFELE MAMONE 111 HUDSON DRIVE, VINCENZO NACCARATO 91 HUDSON DRIVE, MARIO CERRA 81 HUDSON DRIVE, S. LORIAON 85 HUDSON DRIVE, PINA AREZZA 80 HUDSON DRIVE, FRANK COSENTINO 8 MUSTANG ROAD BELLA MULLER 14 MUSTANG ROAD SYLVIA SCARMOTI 18 MUSTANG ROAD LUIHINA DE LUCA 25 MUSTANG ROAD CARMELA ROVITO 19 MUSTANG ROAD JOE MC REIL 2 MUSTANG ROAD S. CANTOR 198 CHEROKEE DRIVE MAPLE, ONTATIO L6A 1X1 D. O LEARY 100 CAPRONI DRIVE L6A 1Y1 LORETO TERSIGNI 181 HUDSON DRIVE, PETER WOWSCHUTZ 147 LOCKHEED AVE LEONARDO CORNACCHIA 142 LOCKHEED AVE ANNA RATTENI 138 LOCKHEED AVE ANTONIETTA FRIAIOLI 132 LOCKHEED AVE ANGELO MAZZOTTA 146 LOCKHEED AVE GIUESEPPE CUOMO 115 HUDSON DRIVE Page 3 of 13

4 PINO GAGLIARDI 1 MUSTANG DRIVE M. JOHNSON 33 MUSTANG DRIVE G. F. CUFI 24 MUSTANG DRIVE OCCUPANT 86 HUDSON DRIVE, AMELIA TOMAS 90 HUDSON DRIVE, N. FAMA 76 HUDSON DRIVE, JOE SEGNA 40 HUDSON DRIVE, L6A 1X3 TONY ANANIA 180 LOCKHEED AVE Judah Reis, 188 Lockheed Ave., Maple, Ontario,, son of the applicant, appeared and gave a brief submission regarding the request. He stated that both petitions submitted contained duplicate names in support of and in opposition to this file. Photos were submitted by the agent showing similar sheds in the neighbourhood. Delilah DeVellis, 184 Lockheed Ave., Maple, Ontario,, appeared in support of this application. Joseph Marcellino, son of the neighbour at 121 Hudson Drive, Maple, Ontario, L6A 1X3, appeared in opposition indicating their concerns regarding drainage, and that their view would be obstructed at the proposed location of the shed. Saul Cantor, 198 Cherokee Drive, Maple, Ontario, L6A 2M7, appeared and stated that he signed both petitions as conflicting information was presented from both parties. 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: The proposed shed may interfere with the grading and drainage of the site, specifically side yard and rear yard drainage swales. Therefore, this application should be forwarded to Building Standards Department, Lot Grading Section for comments on minimum setback requirements to provide for proper drainage swales. On March 11, 2002, the Lot Grading Co-ordinator provided comments that the proposed work will comply with the Lot Grading Criteria. There were no other objections from any Departments or Agencies. MOVED by L. Fluxgold to refuse this application, however, during this motion the applicant asked if the Committee would consider him moving the shed to the opposite side. Committee indicated they would entertain this proposal and suggested that this application be STOOD DOWN to permit the applicant to meet with Building Staff and prepare a revised sketch. L. Fluxgold withdrew his motion. MOVED by L. Fluxgold Seconded by S. Perrella THAT Item No. 6 File A244/01 JOHN FILICE & ANGELA DI SANTO, be STOOD DOWN. Page 4 of 13

5 It should be noted that T. DeCicco left the Council Chambers and abstained from voting on the following application due to his conflict of interest. 2. FILE NO.: A81/02 BROADWAY HOMES INC. Part of Lots 33 & 34, Concession 4, (Lot 99, Registered Plan No. 65M-3195, municipally known as 165 Langtry Place, Thornhill). The subject lands are zoned R1, Residential, and subject to the provisions of the Exception Number 9(972) under By-law 1-88, as amended. The applicant is requesting a variance to permit the construction of a two storey single family detached dwelling with an attached three car garage, notwithstanding, the lot coverage will be 38.8%, rather than the By-law requires the maximum lot coverage to be 35%. David Art, appeared as the agent on behalf of the applicant and gave a brief submission regarding the request. 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 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. A81/02 BROADWAY HOMES INC., be APPROVED, subject to the following conditions: 1. That a building permit be obtained, if required, 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. 3. FILE NOS.: A84/02, A85/02 & THE CORPORATION OF THE CITY OF VAUGHAN 4. A84/02 - Block 57, Plan No. M-2043, Part 1 on Plan 65R-14229, (Part of Lot 11 Concession 3, known as Langstaff Road, North Side, West of Dufferin Street). Page 5 of 13

6 3. FILE NOS.: A84/02, A85/02 & THE CORPORATION OF THE CITY OF VAUGHAN 4. A85/02 - Block 88, Plan No. 65M-2545, Part 1 on Plan 65R-14244, (Part of Lot 8 Concession 5, known as Pennsylvania Ave. & Jane St., North West corner). A84/02 - The subject lands are zoned EM1, Prestige Employment Area Zone under the provisions of By-law 1-88 as amended. The applicant is requesting a variance to permit the construction of a one storey telecommunication cabinet CUE 50, notwithstanding, the side yard setback will be 1.5m to the west, rather than the By-law requires the minimum side yard setback of 6.0m A85/02 - By-law 1-88 zones this parcel"os1 Open Space Conservation. The applicant is requesting a variance to permit the construction of a one storey telecommunication cabinet, notwithstanding, the minimum side yard setback will be 1.5m to the west, rather than the By-law requires a minimum side yard setback of 15.0m. A letter dated march 28, 2002 was received from Dianne Gering, Assistant Property Manager, Bentall Real Estate Services, requesting Notification of the Decision and any subsequent appeal to the Ontario Municipal Board for File No. A84/02. A fax of the Transfer Deed of Land, dated April 8, 2002 was received from Howard Waldman referring to the easements which were registered in July Howard Waldman, appeared as the agent and gave a brief submission regarding the requests. 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 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. MOVED by L. Fluxgold Seconded by S. Perrella THAT Application No. A84/02 THE CORPORATION OF THE CITY OF VAUGHAN, be APPROVED, subject to the following conditions: 1. That the proposed cabinet be built on a platform which will raise the base of the cabinet to the elevation of the top of the concrete wing wall, if required, to the satisfaction of the Toronto and Region Conservation. 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. Page 6 of 13

7 3. FILE NOS.: A84/02, A85/02 & THE CORPORATION OF THE CITY OF VAUGHAN 4. The Committee is of the opinion that the variance sought can be considered minor and is desirable for the appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will be maintained. MOVED by L. Fluxgold Seconded by S. Perrella THAT Application No. A85/02 THE CORPORATION OF THE CITY OF VAUGHAN, be APPROVED. 5. FILE NO.: A87/02 VILLA ROYALE HOMES Part of Lot 19, Concession 6, (Lot 6, Registered Plan No. 65M-3476, municipally known as 235 Hollywood Hill Circle, Maple). The subject lands are zoned RVM1 (WS-B), subject to the provisions of Exception Number 9(1083) under By-law 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 minimum rear yard setback will be 5.5 metres, rather than the By-law requires the minimum rear yard setback to be 6.0 metres On April 11, 2002, the applicant submitted an amendment to the agreement of purchase, signed by the potential homeowner, with respect to the requested variance. John De Filippis; 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. 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. A87/02 VILLA ROYALE HOMES, be APPROVED. Page 7 of 13

8 6. FILE NO.: A88/02 AUDREY JOSEPH Part of Lot 7, Concession 2, (Lot 19, Registered Plan 65M-3088, municipally known as 91 Macarthur Drive). The subject lands are zoned R4, Residential, and subject to the provisions of Exception Number 9(641) under By-Law 1-88 as amended. The applicant is requesting variances to permit the maintenance of an existing pool cabana/accessory structure, notwithstanding, the interior side yard setback to the closest point of the cabana is 0.6m, rather than the By-law requires the interior side yard setback to be 1.2m; the rear yard setback to the closest point of the cabana is 1.2m, rather than the By-law requires the rear yard setback to be 7.5m Audrey Joseph, the owner, appeared on her own behalf and gave a brief submission regarding the request. Letters of support were submitted by Joel & Debbie Zeger, 85 MacArthur Drive, Thornhill, Ontario, L4J 8J6, and Carrie & Neil Manley, 81 MacArthur Drive, Thornhill, Ontario, L4J 8J6. 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 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 S. Perrella THAT Application No. A88/02 AUDREY JOSEPH be APPROVED. 7. FILE NO.: A89/02 CATHERINE CARRICK Part of Lot 19, Concession 4, (Lot 28, Plan No. 5590, municipally known as 35 Lancer Drive, Maple). During the applicant s submission, it was agreed to amend the application and sketch, and notice of application, as follows:. the lot coverage will be 23%,.. NOT. the lot coverage will be 26%,. Page 8 of 13

9 7. FILE NO.: A89/02 CATHERINE CARRICK The subject lands are zoned R1V, Old Village Residential and subject to the provisions of the By-law 1-88, as amended. THEREFORE, the applicant is requesting a variance to permit the construction of a one storey rear yard addition, a second floor addition over part of the existing one storey single family detached dwelling, and a one storey tandem garage, notwithstanding, the lot coverage will be 23%, rather than the By-law requires the lot coverage to be 20%. Sketches are attached illustrating the request. A letter was received April 2, 2002 from Jean Geddes, 30 Gosling Road, Maple, Ontario, L6A 1S3, objecting to the requested lot coverage. A fax dated April 5, 2002, was received from Tony and Anna Colasanto, providing a brief explanation with respect to the need for an addition, also a petition of support was received April 9, 2002 from the following residents: Vito Celetti, 49 Lancer Drive, Maple, Ontario, L6A 1C9; Luisa Millicone, 37 Lancer Drive, Maple, Ontario, L6A 1E1; Giuseppe Cioffi, 39 Lancer Drive, Maple, Ontario, L6A 1E1; J. Prasse, 41 Lancer Drive, Maple, Ontario, L6A 1C9; M. Vondercrone, 23 Gram Street, Maple, Ontario, L6A 1R6. Anne E. Kaufmann, 26 Gosling Road, Maple, Ontario, L6A 1E2, submitted a letter dated April 9, 2002 indicating that about one year ago Ms. Carrick signed an objection to her minor variance lot coverage application and is now applying for lot coverage increase for the potential owners. A fax was received April 10, 2002, from Tony and Anna Colasanto responding to Mrs. Kaufmann s letter. Joseph Colasanto, 140 Treegrove Circle, Aurora, Ontario, L4G 6L9, appeared together with the agent and gave a brief submission regarding the request. Jean Geddes, 30 Gosling Road, Maple, Ontario, L6A 1S3, appeared in opposition to this request, stating that 26 % is excessive and would support lot coverage of 23%. Anne Kaufmann, 26 Gosling Road, Maple, Ontario, L6A 1E2, appeared and indicated that she now supports the new owners request for lot coverage. Joseph Colasanto took the podium again and presented the committee with information that other properties in the area have received 26%. The Committee indicated they will support a 23% lot coverage. The applicant agreed to amend his application. There was no one else in attendance either in support of or in opposition to the request. The Community Planning Department made the following written comments: In their opinion the requested lot coverage does not meet the general intent of the by-law and is not in keeping with the general lot coverage standard throughout the neighbourhood. There were no other objections from any Departments or Agencies and any conditions requested are listed below. Page 9 of 13

10 7. FILE NO.: A89/02 CATHERINE CARRICK The Committee is of the opinion that the variance sought, as amended, 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. A89/02 CATHERINE CARRICK, be APPROVED, as AMENDED, subject to the following conditions: 1. That the variance for lot coverage be conditional upon the proposal being constructed in accordance with the attached sketch, if required, 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. At this time the Committee recalled Item # A244/01 JOHN FILICE & ANGELA DI SANTO which was STOOD DOWN earlier. FILE NO.: A244/01 JOHN FILICE & ANGELA DI SANTO Judah Reis, the agent took the podium and stated that the applicant is willing to relocate the shed to the southern corner of the rear yard, requiring a rear yard setback only of 1.2m., which would eliminate the request for the exterior side yard setback. The Committee is of the opinion that the variance sought as amended can be considered minor and is desirable for the appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will be maintained. MOVED by L. Fluxgold Seconded by S. Perrella THAT Application No. A244/01 JOHN FILICE & ANGELA DI SANTO, be APPROVED, as AMENDED. Page 10 of 13

11 8. FILE NOS.: A90/02 TO A95/02 to HULLMARK DEVELOPMENTS LTD. 14. A90/02 - A92/02, A94/02, A95/02 - Part of Lot 14, Concession 3, (Lots 7, 8, 35, 48 and 51, Registered Plan 65M-3511, municipally known as 259 & 255 Ten Oaks Blvd; 155, 138 & 144 Derrywood Drive all respectively). A93/02 - Part of Lot 14, Concession 3, (Lot 46, Registered Plan 65M-3511, municipally known as 128 Derrywood Drive.). A90/02 - A92/02, A94/02, A95/02 -The subject lands are zoned RV4(WS), Residential Urban Village Zone Four and subject to the provisions of Exception Number 9(1039) under By-law 1-88 as amended. The applicant is requesting variances to permit the construction of proposed two-storey dwellings with the garages attached, notwithstanding,, the nature of the proposed variances, the proposed changes to the existing By-law and the current By-law requirements are as follows: Applicants (by File #) requesting the change A90/02, A91/02, & A95/02 A92/02, A94/02 and A95/02 OF VARIANCES Rear yard setback Side yard setback PROPOSED CHANGES 4.5m, 5.83m and 4.79m all respectively 1.05m, 0.62m and 1.02m all respectively BY-LAW REQUIREMENTS 6.0m 1.2m A93/02 - The subject land is zoned RV4(WS), Residential Urban Village Zone Four and subject to the provisions of Exception Number 9(1039) under By-law 1-88 as amended. The applicant is requesting a variance to permit the construction of proposed two-storey dwelling with the garage attached, notwithstanding,, the nature of the proposed variances, the proposed changes to the existing By-law and the current By-law requirements are as follows: Applicants (by File #) OF PROPOSED CHANGES requesting the VARIANCES change A93/02 Rear yard setback 5.9m 6.0m BY-LAW REQUIREMENTS Richard Hull, appeared on behalf of the applicant and gave a brief submission regarding the requests. There was no one in attendance either in support of or in opposition to the request. The Engineering Department made the following written comments for A92/02, A94/02, A95/02: The proposed side yard setback may interfere with the grading and drainage of the site, specifically side yard drainage swales. Therefore, these applications should be forwarded to Building Standards Department, Lot Grading Section for comments on minimum setback requirements to provide for proper drainage swales. 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. Page 11 of 13

12 8. FILE NOS.: A90/02 TO A95/02 to HULLMARK DEVELOPMENTS LTD. 14. THAT Application No. A90/02-A92/02, A94/02 & A95/02 HULLMARK DEVELOPOMENTS LTD. be APPROVED. THAT Application No. A93/02 HULLMARK DEVELOPOMENTS LTD. be APPROVED, subject to the following conditions: 1. That a revision to permit is required, to the satisfaction of the Building Standards Department; 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. 15. FILE NO.: A99/02 THE CORPORATION OF THE CITY OF VAUGHAN Part of Lots 6 & 7, Concession 2, (Part of Lot 8, Registered Plan No. 3541, municipally located on Beverley Glen Blvd., Thornhill). The applicant is requesting a variance to permit the construction of a single family dwelling, notwithstanding, the minimum frontage will be 12.1 metres, rather than the By-law requires the minimum frontage to be 15.0 metres. (Details of the proposed single family dwelling not yet determined). The subject lands are zoned R3, Residential, and subject to the provisions of Exception Number 9(641) under By-law 1-88 as amended. A fax dated April 11, 2002 was received from M. Virginia Maloney, 510 Beverley Glen Blvd., Thornhill, Ontario, L4J 7S1. She expressed concerns with respect to the large homes on smaller lots, that will not be in keeping with the overall plan and look of the street. Electronic Mail was received April 11, 2002 from John Kucharczuk, indicating that the sign was improperly posted in front of 511 Beverley Glen Blvd.and it should be between 493 and 467 Beverly Glen Blvd. Lynn Barkey, the agent, appeared on behalf of the applicant and gave a brief submission regarding the request. He concurred that the sign was posted on the wrong property. The Committee agreed to adjourn this file Sine Die in order for the agent to post the signage properly requiring re-circulation. Page 12 of 13

13 15. FILE NO.: A99/02 THE CORPORATION OF THE CITY OF VAUGHAN 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. MOVED by L. Fluxgold Seconded by S. Perrella THAT Application No. A99/02 THE CORPORATION OF THE CITY OF VAUGHAN, be ADJOURNED SINE DIE to enable the applicant to post the sign on the proper property. OTHER BUSINESS None. MOTION TO ADJOURN THAT the meeting of Committee of Adjustment be adjourned at 6:45 p.m., and the next regular meeting will be held on APRIL 25, Page 13 of 13