The Minutes of the 16 th. Meeting of the Vaughan Committee of Adjustment for the year 2004 THURSDAY, SEPTEMBER 9, :00p.m.

Transcription

1 The Minutes of the 16 th. Meeting of the Vaughan Committee of Adjustment for the year 2004 THURSDAY, SEPTEMBER 9, 2004 Present at the meeting were: 6:00p.m. M. Mauti - Chair L. Fluxgold D. H. Kang Members of Staff present: Cathy Schanck, Assistant to the Secretary-Treasurer Anne Markovsky, 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 None. ADOPTION OR CORRECTION OF MINUTES Seconded by M. Mauti THAT the minutes of the Committee of Adjustment Meeting of Thursday, August 19, 2004, be adopted as circulated. CARRIED It should be noted that D. H. Kang was not in attendance for the entire August 19, 2004 meeting and did not take part in the adoption of these minutes. ADJOURNMENTS AND/OR DEFERRALS On September 9, 2004, a fax was received from Stephanie Bottero, Weston Consulting Group Inc., regarding Item # 6 to 8, File Nos. B032/04, A199/04, A200/04 KARIN DZELETOVIC, requesting that these applications BE ADJOURNED to the SEPTEMBER 23, 2004 meeting, in order to further address the issues from Toronto and Region Conservation. Prior to the adjournment, letters of objection were received from Joan Saunders, 28 Gosling Rd., Maple, Ontario, L6A 1E2; Jean Geddes, 30 Gosling Rd., Maple, Ontario, L6A 1E2. On September 8, 2004, a fax was received from Philip Z. Weinstein, The Planning Partnership Ltd., regarding Item # 12, File No. B059/04 TELAST ENTERPRISES INC. TAN-MARK HOLDINGS LTD., & GINO MATRUNDOLA, requesting that this file be WITHDRAWN, as they have an existing lease agreement with the landowner. Please note: The associated File No. A252/04 for the off-site parking will proceed. Page 1 of 25

2 ADJOURNMENTS AND/OR DEFERRALS Cont d A request by fax dated September 2, 2004 was received from Robert B.G. Palmateer, agent for the Burbidge family, Item # 14 & 15, File Nos. B060/04, A277/04, DOUG BURBIDGE & PAUL BURBIDGE, requesting these items be adjourned SINE DIE in order to address issues with the appropriate Department regarding the Official Plan. Prior to the adjournment, letters of objection were received from Marshall D. Hall, 67 Whisper Lane, Kleinburg, Ontario, L0J 1C0; John Ricci, 53 Whisper Lane, Kleinburg, Ontario, L0J 1C0. A request by fax dated August 30, 2004, was received from Peter Weston, Weston Consulting Group Inc. regarding Item # 26, File No. A275/04, CHABAD LUBAVITCH OF SOUTHERN ONTARIO (RABBI ZALMAN AARON GROSSBAUM), requesting this item be adjourned SINE DIE, in order for the applicant to address issues with the Planning Department. Prior to the adjournment a letter of concern was received from Rudolph P. Bratty, Jan-Sil Properties, Ltd., 7501 Keele Street, Suite 100, Vaughan, Ontario, L4K 1ZY2. A request dated September 2, 2004, was received from Matthew Maiorana, Dineen Construction, regarding Item # 29, File No. A279/04 - CRAFT PROPERTY INC., requesting that this item be adjourned to the October 14, 2004 meeting, in order for the applicant to address issues with the Planning Department. Prior to the meeting a verbal request was made to the Committee if Item # A282/04 - MAURIZIO CAMILLI, can be heard first. THAT Item # 6 to 8, File Nos. B032/04, A199/04, A200/04 KARIN DZELETOVIC, BE ADJOURNED to the SEPTEMBER 23, 2004 meeting. THAT Item # 12, File No. B059/04 TELAST ENTERPRISES INC. TAN-MARK HOLDINGS LTD., & GINO MATRUNDOLA, be WITHDRAWN. THAT Item # 14 & 15, File Nos. B060/04, A277/04, DOUG BURBIDGE & PAUL BURBIDGE, be adjourned SINE DIE. THAT Item # 26, File No. A275/04, CHABAD LUBAVITCH OF SOUTHERN ONTARIO (RABBI ZALMAN AARON GROSSBAUM), be adjourned SINE DIE. THAT Item # 29, File No. A279/04, CRAFT PROPERTY INC., be adjourned to the October 14, 2004 meeting. THAT Item # A282/04 - MAURIZIO CAMILLI, be heard first. CARRIED ADMINISTRATIVE CORRECTIONS NONE 1. FILE NO.: A282/04 MAURIZIO CAMILLI Part of Lot 20, Concession 8, (Lot 12, Registered Plan No. 65M -3738, municipally known as 86 Autumn Grove Court, Kleinburg). Page 2 of 25

3 Cont d. 1. FILE NO.: A282/04 MAURIZIO CAMILLI The subject lands are zoned R1, Residential, under By-law 1-88, as amended, and further subject to Exception Number 9(1128). The purpose of this application is to request a variance to permit the construction of two storey single family detached dwelling with an attached two car garage, notwithstanding, the minimum exterior side yard setback will be 4.1 metres, rather than the By-law requires the minimum exterior side yard shall be 4.5 metres. Alexander Belchevski, appeared as the designated agent on behalf of the applicant and gave a brief submission regarding the request. There were no comments/objections from any Departments or Agencies. MOVED by D. H. Kang Seconded by L. Fluxgold 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. AND THAT Application No: A282/04 MAURIZIO CAMILLI, be APPROVED, in accordance with the sketch attached. (PREVIOUSLY ADJOURNED FORM THE AUGUST 5, 2004 MEETING.) 2. FILE NO: A227/04 GIUSEPPE & MARIA IANNI Part of Lot 2, Concession 3, (Lot 221, Plan No. M-1863, municipally known as 18 Capilano Court, Concord.) The subject lands are zoned R4, Residential under By-Law 1-88, as amended and further subject to Exception 9(465). The applicants are requesting variances to permit the maintenance of a covered porch, with sliding doors and glass, attached to an existing two storey single family detached dwelling, with attached garage, NOTE: The west side sliding doors and glass to remain, the existing north, east and south glass walls to be removed, the existing structure to remain with roof and west elevation, notwithstanding, the nature of the proposed variances, the proposed changes to the existing By-law & the current By-law requirements are as follows: Page 3 of 25

4 (PREVIOUSLY ADJOURNED FORM THE AUGUST 5, 2004 MEETING.) Cont d 2. FILE NO: A227/04 GIUSEPPE & MARIA IANNI VARIANCES PROPOSED BY-LAW REQUIREMENTS Rear yard setback 5.78m 7.50m Minimum South side yard setback 0.0 m 0.6m Minimum North side yard setback 0.0m 1.2m Maximum Lot coverage 49.61% 45.0% On July 30, 2004, an was received from Lorne & Arlene Budden, 16 Capilano Court,, L4K 1L2, stating that any alterations or any new structure should conform to the By-law. A letter of objection dated August 4, 2004 was received from Stephen Allen, 8 Capilano Court,, L4K 1L2, however, on August 11, 2004 he withdrew his objection. A letter of objection dated August 5, 2004, was received from George Opreff, 21 Capilano Court,, L4K 1L2. On August 5, 2004, the Community Planning Department submitted the following written comments: The applicant has submitted a variance application to permit the maintenance of a covered porch with sliding doors and glass. The applicant is requesting variances as detailed above. Planning Department does not support the requested 0.0m side yard setbacks. This department has not supported the concept of zero setbacks in the past. In regards to the requested rear yard setback and the lot coverage variance, the Planning Department has no objections to these variances. Anthony Ianni, appeared as the designated agent on behalf of the applicant and gave a brief submission regarding the request. The Committee clearly stated to him that they do not support zero metre setbacks and advised him to adjourn this item again and discuss with the applicant ways to come up with a revision to these setbacks. There were no other objections from any Departments or Agencies. THAT Application No, A227/04 GIUSEPPE & MARIA IANNI, be ADJOURNED to the OCTOBER 14, 2004 meeting. Page 4 of 25

5 (PREVIOUSLY ADJOURNED FROM THE AUGUST 19, 2004 MEETING) 3. FILE NO: A266/04 JOHN COSENTINO (POTENTIAL PURCHASER (S) FRANCA & CHRISTOPHER ZEPPA Part of Lot 9, Concession 7, (Lot 4, Registered Plan M-1115, municipally known as 105 Riverside Blvd., Woodbridge.) The subject lands are zoned R3, Residential, under By-Law 1-88 as amended. The applicant is requesting variances to permit the construction of a 2. storey addition and a two storey rear yard addition to a one storey single family detached dwelling, with attached garage, (presently legal non- conforming), notwithstanding, the nature of the proposed variances, the proposed changes to the existing By-law & the current By-law requirements are as follows: nd VARIANCES PROPOSED BY-LAW REQUIREMENTS Front yard setback 4.193m 4.5m Setback to the garage 4.193m 6.4m Rear yard setback to the terrace 4.789m 5.7m Exterior side yard setback to the covered 1.75m 4.5m porch/dwelling Exterior side yard setback to the covered 1.294m 2.7m porch stairs Lot coverage 44.8% 40% A request for the Notice of Decision was submitted by Oscar Alvarado, 111 Riverside Drive, Woodbridge, Ontario, L4L 2L4. Paul Caravaggio the designated agent appeared on behalf of the applicant and gave a brief submission regarding the request. The Planning Department made the following written comments: It is this department s opinion that the cumulative effect of all the proposed variances would represent an over development of the subject lands. The Community Planning Department does not support this Variance Application. It is this department opinion that the proposed variance application could not be considered appropriate for the development of the land. On August 19, 2004, TRCA staff recommended deferral of the above noted variance application for further review. On a letter dated September 8, 2004, TRCA, were satisfied with the report and had no objection, subject to a condition as listed below. There were no other comments/objections from any Departments or Agencies and any conditions requested are listed below. 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. Page 5 of 25

6 (PREVIOUSLY ADJOURNED FROM THE AUGUST 19, 2004 MEETING) Cont d 3. FILE NO: A266/04 JOHN COSENTINO (POTENTIAL PURCHASER (S) FRANCA & CHRISTOPHER ZEPPA AND THAT Application No: A266/04 JOHN COSENTINO (POTENTIAL PURCHASER (S) FRANCA & CHRISTOPHER ZEPPA, be: APPROVED, in accordance with the sketch attached and subject to the following conditions: 1. The applicant successfully obtain an Ontario Regulation 158 permit from the TRCA for the proposed development, prior to the issuance of a municipal building permit, if required, to the satisfaction of the TRCA. 2. That if the condition listed above is 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.) CONSENT PUBLIC HEARING: 4. FILE NO: B036/04 ONGARO INVESTMENTS INC. Part of Lots 29 and 30, Concession 6, (Part of Blocks 9, 10 and 11, Registered Plan 65M- 2619). The purpose of this application is to request the consent of the Committee of Adjustment to convey a parcel of land as an addition to an existing parcel, taken into the title of the lands to the east (being Weston Road) for passive buffer purposes, together with all required easements and right-of-ways, if required, and retain the land for vacant purposes. Currently, both the subject and retained lands are vacant and there are no structures proposed. The subject and retained lands are zoned OS2 Open Space Park Zone subject to the provisions of Exception Number 9(626) under By-Law 1-88 as amended. A letter Dated August 31, 2004 was received from Bedros Bambokian & Antonietta Di Savino, stating that they have no objection on condition, that the addition will be strictly for passive buffer purposes, whereby there will be no structure in the future and trees will be planted to enhance this area. Peter Weston from Weston Consulting Group Inc., appeared as the designated agent on behalf of the applicant and gave a brief submission regarding the request. He commented on the above letter stating that he is willing to have a condition placed regarding the tree planting. He presented the Committee with a Forester Buffer Project Proposal, prepared by Michael Schmaltz, Senior Environmental Advisor, TransCanada, dated August 25, Page 6 of 25

7 CONSENT PUBLIC HEARING: 4. FILE NO: B036/04 ONGARO INVESTMENTS INC. Cont d Gerry Borean, 3883 Highway No 7, Suite 207, Vaughan, Ontario, L4L 6C1, appeared in opposition, he had concerns with the buffer report and the future expansion of these lands. Peter Weston took the podium and stated that he is willing to enter into an undertaking that will be satisfactory to the City of Vaughan. There was no one else in attendance either in support of or in opposition to the request. There were no comments/objections from any Departments or Agencies. THAT Application No. B036/04 ONGARO INVESTMENTS INC., be REFUSED. 5. FILE NO: A252/04 VETMAR LTD Part of Lot 26, Concession 1, (Part of Lot 15, Registered Plan Municipally known as 7064 Yonge Street, Thornhill). The subject lands are zoned C1, Restricted Commercial and subject to the provisions under By-Law 1-88 as amended. Prior to the hearing, the applicant withdrew Consent Application B059/04, as it is no long necessary. However, the applicant requested to proceed with the Minor Variance, with respect to off-site parking. The applicant is requesting authorization of a variance to facilitate Consent Application B059/04 (an easement over the total lands-adjacent to the north) and to permit the maintenance of an existing two-storey commercial building, notwithstanding: Proposed Change to the existing By-law Requirement: 1) To permit off-site parking spaces and areas. By-Law Requirement: 1) All parking spaces and areas to be located on site. A sketch is attached illustrating the request. Other Planning Act Applications The land which is the subject in this application was the subject of an application under the Planning Act for: Consent File No. B059/04 To be heard in conjunction with this application. (WITHDRAWN SEPT. 8, 2004) Page 7 of 25

8 5. FILE NO: A252/04 VETMAR LTD Cont d A request for the Notice of Decision was submitted by Gino Matrundola, 12 Rubicon Crt., Willowdale, Ontario, M2M 3P8. Philip Weinstein, The Planning Partnership, 1255 Bay Street, Suite 201, Toronto, Ontario, M5R 2A9, appeared as the agent replacing agent Rick Merrill. He gave a brief submission regarding the request. He also confirmed the request for the associated File # B059/04, is WITHDRAWN. There were no comments/objections from any Departments or Agencies. MOVED by D. H. Kang Seconded by L. Fluxgold 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. AND THAT Application No, A252/04 VETMAR LTD., be APPROVED in accordance with the sketch attached. CONSENT & 6. FILE NOS: B061/04, A271/04 & LOBLAW PROPERTIES LTD., 7. Part of Lot 11, Concession 8, (located at Langstaff Road and Highway No. 27, Woodbridge.) B061/04 - 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 the land for food store/open space purposes. The subject lands are zoned A - Agriculture and OS1 Open Space Conservation Zone under By-law 1-88 as amended. The subject and retained lands are currently vacant, single family detached dwellings are proposed on the subject lands and a food store is proposed on the retained lands. prior to the applicant s submission the agent amended the Application, Sketch and Notice of Application for the Minor Variance (A271/04) to read as follows:..minimum lot area for residential uses in an agriculture zone will be 2.0ha. NOT..minimum lot area for residential uses in an agriculture zone will be 2.2ha. Page 8 of 25

9 CONSENT & 6. FILE NOS: B061/04, A271/04 & LOBLAW PROPERTIES LTD., Cont d 7. THEREFORE - A271/04 - The applicant is requesting a variance to facilitate the severance of the total subject lands, notwithstanding, the minimum lot area for residential uses in an agriculture zone will be 2.0ha., rather than the By-law requires minimum lot area for residential uses in an agriculture zone of 10.0ha. 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: Official Plan Amendment OPA 345 PENDING Zoning By-law Amendment - Z PENDING Site Plan Application, DA PENDING TRCA made the following written comments: Staff are currently addressing the TRCA s concerns for the subject property through Site Plan Application DA , Zoning By-law Amendment Application Z and Subdivision/Condominium application 19T-02V06. They recommend deferral of these applications until the above noted concerns have been addressed. There were no other comments/objections from any Departments or Agencies. Rob Walker, Zelinka Priamo Ltd., was the designated agent on behalf of the applicant and gave a brief submission regarding the request. He requested to have the Minor Variance Application revised to read 2.0ha., rather than the original which was circulated at 2.2ha, trusting that this will satisfy TRCA.. He was also advised that this needs to be re-circulated to the public again and was given the next hearing date of October 14, THAT Application No. B061/04 LOBLAW PROPERTIES LTD., be ADJOURNED, to October 14, 2004 meeting. THAT Application No, A271/04 LOBLAW PROPERTIES LTD., be ADJOURNED, AS AMENDED to the October 14, 2004 meeting. MINOR VARIANCE PUBLIC HEARING 8. FILE NO: A264/04 WAIL & MARGARIT KAKISH Part of Lot 17, Concession 4, (Lot 235, Registered Plan No. 65M-3062, municipally known as 69 Elena Crescent, Maple). The subject lands are zoned R4, Residential under By-law 1-88 as amended and further subject to Exception 9(893). Page 9 of 25

10 MINOR VARIANCE PUBLIC HEARING 8. FILE NO: A264/04 WAIL & MARGARIT KAKISH Cont d During the applicants submission it was agreed to amend the Application, Sketch, and Notice of Application as follows:.interior side yard setback of 0.3m. to the basement side entrance stairs.. NOT.interior side yard setback of 0.185m to the basement side entrance stairs.. THEREFORE, the purpose of this application is to request a variance to permit the maintenance of a side yard entrance as follows: Proposal: 1. An interior side yard setback of 0.3m to the basement side entrance stairs. By-Law Requirements: 1. A minimum required side yard setback of 0.9m to the basement side entrance stairs. A. Reino, 3700 Steeles Ave. West, Suite 906, Woodbridge, Ontario, L4L 8K8 appeared along with the applicants and gave a brief submission. He submitted a petition of support and photos. The petition was incomplete and was given back for proper address information. As of the time of working on the minutes the petition has not been received. The Community Planning Department made the following written comments: It is this department s opinion that the proposed side yard variance is not appropriate for the development of the land. There were no other comments/objections from any Departments or Agencies. THAT 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. AND THAT Application No: A264/04 WAIL & MARGARIT KAKISH,be: APPROVED, as AMENDED, in accordance with the sketch attached. 9. FILE NO: A267/04 PARENTELA HOLDINGS LTD Part of Lot 10, Concession 9, (municipally known as 8440 Highway 27, Woodbridge.) The subject lands are zoned C6 Highway Commercial, under By-law 1-88, as amended, and further subject o Exception 9(409.) Page 10 of 25

11 9. FILE NO: A267/04 PARENTELA HOLDINGS LTD. Cont d The applicant is requesting variances to permit the construction of a two storey addition, to an existing two storey banquet facility, notwithstanding, the front yard setback will be 8.0m, the southerly interior side yard setback will be 2.0m and the gross floor area will be 7,632 2 m, rather than the By-law requires minimum front yard setback of 15.0m, minimum 2 southerly interior side yard setback of 9.4m and the maximum gross floor area of 4,855m 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: Minor Variance Application File No. A416/02 - APPROVED - November 7, 2002 for GFA, parking, handicap parking, and interior side yard requirements, APPEALED TO THE OMB,(appeal withdrawn) Applicant did not proceed with seasonal tent structure. Minor Variance Application File No. A088/04 - APPROVED March 25, 2004, Existing storage shed, GFA, and side yard setback requirements. (THE STORAGE SHED WILL BE DEMOLISHED TO MAKE ROOM FOR THE EXPANSION.) Site Plan Application, DA APPROVED by Council June 24, Gary Templeton, Templeton Planning Ltd., was the designated agent on behalf of the applicant and gave a brief submission regarding the request. The Community Planning Department made the following written comments: The Community Planning Department is of the opinion that the Variance Application is premature and should be adjourned pending Council approval of an amending Site Plan Application to the existing DA Gary Templeton stated that his clients wish the application be dealt with and are not opposed to having a condition placed requiring site plan approval. There were no other comments/conditions from any Departments or Agencies and any conditions requested are listed below. MOVED by D. H. Kang Seconded by L. Fluxgold 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. AND THAT Application No, A267/04 PARENTELA HOLDINGS LTD., be: APPROVED, in accordance with the sketches attached and subject to the following conditions; 1. Subject to the applicant receiving site plan approval and entering into a site plan agreement to the satisfaction of the Planning Department: 2. 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.) Page 11 of 25

12 10. FILE NO: A268/04 CARLA OLIVEIRA SHAHINFAR Part of Lot 6, Concession 4, (Municipally known as 23 McCleary Court Unit 8, Concord). The subject lands are zoned EM1, Prestige Employment Area Zone under By-Law 1-88 as amended. The applicant is requesting a variance to permit the maintenance of additional second floor area within Unit #8 of an existing two-storey Industrial building, notwithstanding: Proposal: To create additional second floor area without the required additional 2 parking spaces. A total of 55 parking spaces exist at the development. By-Law Requirements: An additional two parking spaces are required to provide for the second floor area within the unit. A total of 57 parking spaces are required for the development. Koury Shahinfar, appeared as the designated agent and gave a brief submission regarding the request. There were no comments/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. AND THAT Application No, A268/04 CARLA OLIVEIRA SHAHINFAR, be APPROVED in accordance with the sketch attached. 11. FILE NO: A269/04 RAFFAELE & ROSSANA PAGLIAROLI Part of Lot 19, Concession 4, (municipally known as 2 Gosling Road, Maple.) The subject lands are zoned R1V, Old Village Residential under By-law 1-88 as amended. The applicants are requesting a variance to permit the maintenance of a covered and enclosed addition to the rear of the house, to an existing one storey (side-split) single family detached dwelling, with attached garage, notwithstanding, the rear yard setback to the addition is 3.65m., rather than the By-law requires minimum rear yard setback of 7.5m. Page 12 of 25

13 11. FILE NO: A269/04 RAFFAELE & ROSSANA PAGLIAROLI Cont d 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., L6A 1E5 PINA COLUCCI 67 NETHERFORD RD., L6A 1E1 HOWARD PORTER 21 GOODMAN CRES., L6A 1E8 SUSIE SANTORIELLO 12 MALAREN RD., L6A 1E5 DEREK & ALICE ABRAHAM 26 MALAREN RD., L6A 1E5 MARIO & LINA ROSPO 27 MALAREN RD., L6A 1E5 DOREEN SCHANCK 35 GOODMAN CRES., L6A 1E8 GERRY STEYN 18 LANCER DR., L6A 1E4 ANNA GRANGER 52 GOODMAN CRES., L6A 1E2 M. HALLIDAY 23 GOODMAN CRES., L6A 1E8 N. DODDS 66 NETHERFORD RD., L6A 1E1 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., L6A 1E5 HERB FLEMING 31 WELLER CRES., L6A 1E5 L. & SONDRA PRINCIPE 29 MALAREN RD., L6A 1E5 DOUG CHALMERS 31 MALAREN RD., L6A 1E2 BEVERLY A. GUTTRIDGE 9 RYDER RD., L6A 1E4 ALEX KERR 19 GOODMAN CRES L6A 1E7 JOHN & B. NICOLL 1 CLEMSON CRES., L6A 1C8 AL ALBIN 75 NETHERFORD RD., L6A 1E1 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., L6A 1E5 A. LOMBARDI 28 MALAREN RD., L6A 1E5 GLEN & MARY NORCLIFFE 23 MALAREN RD., L6A 1E5 BARTON & LOIS LLOYD 43 GOODMAN CRES., L6A 1E8 ROSINA ZAMPESE 37 GOODMAN CRES., L6A 1E8 PAOLO SANTORIELLO 12 MALAREN RD L6A 1E5 E. & A. GAUVIN 10 GOODMAN CRES., L6A 1E7 C. HUNGERSON 65 NETHERFORD RD., L6A 1E1 KARL KANTAROFF 43 LANCER DR., L6A 1C9 Page 13 of 25

14 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 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 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., L6A 1E5 Gerry Schiller, 48 Lancer Drive, Maple, Ontario, L6A 1C9, submitted a request for the Notice of Decision. It should be noted that he if also part of the above notification. Rossana Pagliaroli, the applicant appeared and gave a brief submission regarding the request. There were no comments/objections from any Departments or Agencies. 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. AND THAT Application No, THAT Application No, A269/04 RAFFAELE & ROSSANA PAGLIAROLI, be: APPROVED, in accordance with the sketches attached. 12. FILE NO: A270/04 PROMENADE PARK LIMITED Part of Lot 5, Concession 2, (municipally known as 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 maximum building height will be 49.0m, rather than the By-law requires maximum building height of 46.0m. 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: Page 14 of 25

15 12. FILE NO: A270/04 PROMENADE PARK LIMITED Minor Variance Application File No. A248/03 Cont d APPROVED October 1, 2003 for amenity space. A request for the Notice of Decision was received Sept. 2, 2004, from Dave Burstyn, New Westminster Drive, Thornhill, Ontario, L4J 7Y9. Sal Vitiello, E.I. Richmond Architects Ltd., was the designated agent on behalf of the applicant and gave a brief submission regarding the request. There were no comments/objections from any Departments or Agencies. 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. AND THAT Application No, THAT Application No, A270/04 PROMENADE PARK LIMITED, be: APPROVED, in accordance with the sketches attached. 13. FILE NO: A272/04 PETRO-CANADA Part of Lot 21, Concession 4, (municipally known as 2396 Major Mackenzie Drive, Maple.) The subject lands are zoned C6, Highway Commercial, under By-law 1-88 as amended. During the submission the applicant s agent amended the Application, Sketch and Notice of Application as follows:.northerly setback (rear) from the residential zone to the car wash will be 56.0m. NOT northerly setback (rear) from the residential zone to the car wash will be 45.0m. NOTE: the southerly setback (front) remains at 45.0m as circulated. THEREFORE, the applicant is requesting variances to permit the construction of a one storey service station facility and car wash, notwithstanding, the minimum northerly setback (rear only) from the residential zone to the car wash will be 56.0m, the southerly setback (front only) from the residential zone to the car wash will be 45.0m, minimum interior side yard setback on both sides will be 5.0m, rather than the By-law requires minimum setback from a residential zone to the car wash of 60.0m and minimum interior side yard setback on both sides of 10.0m. NOTE: The existing service station to be demolished. Page 15 of 25

16 13. FILE NO: A272/04 PETRO-CANADA Cont d. 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 Development Application File DA APPROVED by Council June 28, On September 9, 2004 a lengthy letter of opposition with supporting documents was received from John Petricola, 104 Lamar Street, Maple Ontario, L6A 1A7, and he also presented the Committee with a petition of objection from the following residents: GREGORY MANNO 92 LAMAR ST., L6A 1A7 SALVATORE FASULLO 97 LAMAR ST., L6A 1A7 GIOVANNI ZENTELA 84 LAMAR ST., L6A 1A7 CAROL & MORRIS CAPUTO 96 LAMAR ST., L6A 1A7 PHIL & TONY RANDAZZO 101 LAMAR ST., L6A 1A7 GIOVANNI VECCHIARELLI 104 LAMAR ST., L6A 1A7 JOE & SANDRA OLIVA 108 LAMAR ST., L6A 1A7 VILMA, DIANE, JOHN PETRICOLA 104 LAMAR ST., L6A 1A7 Guy Bonney, Petro-Canada, was the designated agent on behalf of the applicant and gave a brief submission regarding the request. He stated that the site plan reflects the amendment made with respect to the northerly rear yard setback. The Committee suggested to have this file adjourned in order for the agent to meet with the concerned residents and review some of the previous agreements made for this location. There was no one else in attendance either in support of or in opposition to the request. There were no comments/objections from any Departments or Agencies. THAT Application No, A272/04 - PETRO-CANADA, be ADJOURNED to the October 14, 2004 meeting. 14. FILE NO: A273/04 ANN AND JAMES MACHAN Part of Lot 34, Concession 1, (Lot 141, Registered Plan M-681. Municipally known as 19 Shasta Drive, Thornhill). Page 16 of 25

17 14. FILE NO: A273/04 ANN AND JAMES MACHAN Cont d The subject lands are zoned R1V, Old Village Residential and subject to the provisions of Exception Number 9(29) under By-Law 1-88 as amended. The applicant is requesting variances to permit the construction of a proposed onestorey plus loft, single family detached dwelling with the garage attached, notwithstanding, the nature of the proposed variances, the proposed changes to the existing By-law & the current By-law requirements are as follows: Proposal: 1) To permit a minimum front yard setback of 7.5 metres to the dwelling. 2) To permit a minimum exterior side yard setback of 8.18 metres to the dwelling. 3) To permit a maximum lot coverage of 26.9%. By-Law Requirements: 1) A minimum front yard setback of 9.0 metres is required to the dwelling. 2) A minimum exterior side yard setback of 9.0 metres is required to the dwelling. 3) A maximum lot coverage of 23% is permitted. James Machan, the applicant, gave a brief submission regarding the request. With the use of an easel he presented to the Committee a version of the proposed dwelling and a sketch of the area and gave a lengthy submission justifying his request. All parties agreed to stand this item down to the end of the meeting, in order for the applicant to review his file with some of the concerned residents. THAT Item # 26 File No. A273/04 ANN & JAMES MACHAN, be STOOD DOWN. 15. FILE NO: A274/04 MOHAMED & SALIMA NAZIM Part of Lot 5, Concession 3, (Lot 25, Plan No. M -1811, municipally known as 95 Southview Drive, Concord). The subject lands are zoned R3, Residential under By-law 1-88 as amended and further subject to Exception 9(206). The applicants are requesting variances to permit the continued construction a driveway widening as follows: Proposal: 1. A driveway width of 9.45m. 2. A driveway curb cut width of 9.45m % landscaping within the front yard. Page 17 of 25

18 15. FILE NO: A274/04 MOHAMED & SALIMA NAZIM Cont d. By-Law Requirements: 1. A maximum driveway width of 9m. 2. A maximum curb cut width of 6m. 3. A minimum of 50% landscaping is required within the front yard. A petition of support was submitted by the applicant from the following residents: Carmine & Maria Martino 94 Southview Drive Cecil & Valda Nichols 127 Southview Drive Mario & Gina Parisilli 104 Southview Drive Dominic Perruccio 151 Southview Drive Nino Marcello 126 Southview Drive Vincenzo & Franca Pronesti 91 Southview Drive Mui Thai 85 Southview Drive Fernando & Patricia Gomes 116 Southview Drive Vince Mollica 167 Southview Drive David & Lily Lin 101 Southview Drive Orlando & Julia Salerno 81 Southview Drive Aldo Bozzo 147 Southview Drive Nick DelGiusice 117 Southview Drive Mohamed Nazim, the applicant gave a brief submission regarding the request. The Community Planning Department made the following written comments: The Community Planning Department does not support this Variance Application This department has not supported similar variance requests in the past. The Community Planning Department is concerned about the cumulative effect this application may have on the availability of on street parking opportunities and reduced landscaping on the lot and boulevard. The Engineering Department made the following written comments; Engineering Department staff has visited the site in response to this application. The Engineering Department has an objection to the widened driveway, as there are existing boulevard items that would be adversely impacted by the widening. Please note that the widened driveway is not in conformity with By-Law Driveways shall be setback a minimum of 1.0m from all aboveground services or other obstructions. There were no other comments/objections from any Departments or Agencies. MOVED by D. H. Kang Seconded by L. Fluxgold THAT the Committee is of the opinion that the variances sought can be considered minor Page 18 of 25

19 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. 15. FILE NO: A274/04 MOHAMED & SALIMA NAZIM Cont d. AND THAT Application No: A274/04 MOHAMED & SALIMA NAZIM be APPROVED, in accordance with the sketches attached. 16. FILE NO: A276/04 SILVANA PAURA Part of Lot 26, Concession 8, (Lot 40, Registered Plan 65M Municipally known as 170 Weaver Court, Kleinburg). The subject lands are zoned R1 Residential, under By-Law 1-88 as amended and further subject to Exception 9(563). The applicant is requesting a variance to permit the to permit the construction of a accessory building /pool house, notwithstanding the nature of the proposed variances, the proposed changes to the existing By-law & the current By-law requirements are as follows Proposal: 1. Reduction of minimum rear yard to 2.74m 2. Increase in maximum accessory building height to 5.0m 3. Increase of height of nearest part of the roof from finished grade to 3.8m 4. Reduction of rear yard setback to an architectural element to 1.8m By-Law Requirements: 1. Minimum rear yard setback shall be 9m 2. Maximum accessory building height shall be 4.5m 3. Nearest part of the accessory building roof shall be 3m maximum to finished grade 4. Rear yard setback to an architectural element shall be equal to the height of the said element (3.6m) Gerry Borean, 3883 Highway # 7, Suite 207, Vaughan, Ontario, L4L 6C1, acted as the agent with the applicants present. He presented the Committee with a letter from Brian Powell, Rosehill Pools regarding screening around the pool house. Letters of support were also submitted from the following: Mr. & Mrs. Vito Palmieri, 166 Weaver Court Lot 41, Kleinburg, Ontario, L0J 1C0; Mr. & Mrs. Dedonato, 176 Weaver Court, Kleinburg, Ontario, L0J 1C0. The Community Planning Department made the following written comments: Given that the proposed pool house is over 50% larger than the maximum area permitted by the By-law, without applying the required zone setbacks, the Community Planning Department does not support the required 2.74m rear yard setback variance. It is this department s opinion that the proposed rear yard variances are not appropriate for the development of the land. However, this department could support the requested increase in maximum height variances. Page 19 of 25

20 Page 20 of 25

21 16. FILE NO: A276/04 SILVANA PAURA Cont d. There were no other comments/objections from any Departments or Agencies. 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. AND THAT Application No A276/04 SILVANA PAURA, be APPROVED in accordance with the sketch attached and subject to the following conditions; 1,. That the applicant provide screening in the rear of the property, to the satisfaction of the Urban Design Department; 2. 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.) 17. FILE NO: A278/04 K. BODENSTEIN Part of Lots 26 to 29, Concession 2, (Lot 6, Registered Plan No. M -1732, municipally known as 85 Woodland Acres Crescent, Maple). The subject lands are zoned RR, Rural Residential and subject to the provisions of Exception 9(173) under By-law 1-88 as amended The purpose of this application is to request a variance to permit the construction of a third floor addition to an existing two storey single family detached dwelling, notwithstanding, the maximum building height will be 10.4 metres, rather than the By-law requires the maximum building height to be 9.5 metres. Sketches are attached illustrating the request. 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 A161/04 Approved May 13, 2004 (lot coverage 16.3%, rear yard setback 9.2 metres) Minor Variance File No. A233/86 Approved as Amended September 24, 1986 (lot coverage 13.3%) Minor Variance A136/86 Approved (Minimum rear yard setback metres) A request for the Notice of Decision was submitted from John I. Kirk, 21 Marianfeld Avenue, Toronto, Ontario, M6B 3W2. Page 21 of 25

22 17. FILE NO: A278/04 K. BODENSTEIN Nick Gougoulias, Weston Consulting Group Inc., was the designated agent on behalf of the applicant and gave a brief submission regarding the request. There were no comments/objections from any Departments or Agencies. MOVED by D. H. Kang Seconded by L. Fluxgold 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. AND THAT Application No: A278/04 K. BODENSTEIN be APPROVED, in accordance with the sketches attached and subject to the following conditions: 1. That a report by a Professional Engineer be submitted satisfactory to the Building Standards Department which provides the details of the on site sewage system and shows there is adequate area on the subject lot with the proposed addition for the treatment of the on site sewage as per the requirements of the Ontario Building Code, if required, to the satisfaction of the Building Standards Department; 2. 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.) 18. FILE NO: A281/04 SYD & SHARON SOER Part of Lot 8, Concession 2, (Lot 177, Registered Plan No. 65M -2721, municipally known as 220 Westmount Blvd., Thornhill). The subject lands are zoned R2, Residential and subject to the provisions of Exception Number 9(773) under By-law 1-88 as amended. The purpose of this application is to request variances to permit the maintenance of a side door and stairs as follows: Proposal: 1) To maintain a minimum interior side yard setback of 0.8 metres to exterior stairs. By-Law Requirements: 1) A minimum interior side yard setback of 1.2 metres is required to exterior stairs. Page 22 of 25

23 18. FILE NO: A281/04 SYD & SHARON SOER Cont d.. Syd & Sharon Soer, the applicants appeared and gave a brief submission regarding the request. There were no comments/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. AND THAT Application No: A281/04 SYD & SHARON SOER, be APPROVED, in accordance with the sketch attached. 19. FILE NO: A280/04 ANDREW KIMENS Part of Lot 26, Concession 2, (Lot 2, Registered Plan 65M Municipally known as 11 Saul Court, Maple). The subject lands are zoned RR, Rural Residential and subject to the provisions of Exception Number 9(780) under By-Law 1-88 as amended The applicant is requesting a variance to permit the construction of a proposed twostorey single family detached dwelling with the garage attached, notwithstanding the nature of the proposed variances, the proposed changes to the existing By-law & the current By-law requirements are as follows: Proposal: 1) To permit a maximum lot coverage of 11.66%. By-Law Requirements: 1) A maximum lot coverage of 10% is permitted. Other Planning Act Applications The land which is the subject in this application was the subject of an application under the Planning Act for: Minor Variance File No. A106/00 APPROVED- Mar 30/00: lot frontage 23.0m. Jason Kimens, appeared as the designated agent on behalf of the applicant and gave a brief submission regarding the request. Page 23 of 25

24 19. FILE NO: A280/04 ANDREW KIMENS Cont d. Toronto & Region Conservation submitted the following written comments: The subject property is located within draft approved plan of subdivision 19T TRCA staff notes that the subject property appears to accurately reflect the limits of development that were established through the subdivision approval process. However, the hydrology model for the Don River has recently been updated, and flows through the subject area have increased. TRCA staff is in the process of determining the extent of the Regional Storm Flood Plain on the subject property, but has not yet finalized the calculations. Therefore, the extent of the Regional Storm Flood Plain in the area is unknown. In light of the above, TRCA staff recommends deferral of the above noted variance application, until such time as TRCA staff is able to determine the elevation of the Regional Storm Flood Plan. Discussion took place with respect to the request for deferral from TRCA. The agent agreed to adjourn this application in order to resolve issues with TRCA. There were no other comments/objections from any Departments or Agencies. THAT Application No, A280/04 ANDREW KIMENS, be ADJOURNED, SINE DIE At this time the Committee called Item # 24, File No. A273/04 ANN & JAMES MACHAN, which was STOOD DOWN earlier in the proceedings. 14. FILE NO: A273/04 (See Page # 16) ANN & JAMES MACHAN William Doherty, 27 Shasta Drive, Thornhill, Ontario, L4J 1Z7, took the podium and stated he had no concerns regarding this particular proposal, however, he is concerned that this may trigger requests for larger lot coverages in the future. The Committee informed the applicant of the recent passing of the By-law with respect to the R1V zone, which presently stands at 23%. The resident stated that he is not willing to reduce the lot coverage to conform. 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: On January 27, 2003, Council directed staff to review the R1V Old Village Residential Zone standards of By-law 1-88 with respect to maximum lot coverage and building height for onestorey (bungalow type) dwellings, affecting all R1V Old Village Residential zoned lots, Citywide. Following the completion of the study, the Community Planning Department reported to the Committee of the Whole on March 1, 2004, with the recommendation that the maximum lot coverage for one-storey (bungalow) dwelling units, be increased to 26% with a corresponding decrease in maximum building height to 7.0m. Council amended this recommendation and approved a maximum 23% lot coverage for one-storey dwellings. The 7.0m maximum building height was not changed. Page 24 of 25

25 MINOR VARIANCE PUBLIC HEARING; 14. FILE NO: A273/04 (See Page # 16) ANN & JAMES MACHAN Cont d. The Community Planning Department provides this information for the Committee s consideration and disposition of this and future applications for increased lot coverage in the R1V Zone. In regards to the requested front yard and side yard variances, this department has no objections. There were no other comments/objections from any Departments or Agencies. THAT the Committee is of the opinion that the variances sought FOR FRONT YARD AND EXTERIOR SIDE YARDS, 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. THEREFORE, Application No A273/04 ANN AND JAMES MACHAN, be APPROVED, for FRONT YARD AND EXTERIOR SIDE YARD SETBACKS, in accordance with the sketch attached. HOWEVER, the request for lot coverage is not minor and is not desirable for the appropriate development and use of the land. The general intent and purpose of the Bylaw and the Official Plan will not be maintained. THEREFORE, Application No A273/04 ANN AND JAMES MACHAN, be REFUSED, for LOT COVERAGE, in accordance with the sketch attached. OTHER BUSINESS NONE MOTION TO ADJOURN THAT the meeting of Committee of Adjustment be adjourned at 7:30 p.m., and the next regular meeting will be held on THURSDAY, SEPTEMBER 23, Page 25 of 25