Item #38 Ward #4 File: A394/16

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1 Item #38 Ward #4 File: A394/16 Applicant: ARNULFO FIALLO & PAULA S. ORDONEZ Address: Agent: 40 Degas Dr, Thornhill NONE Adjournment Status: PREVIOUSLY ADJOURNED FROM THE NOV 3, 2016 MEETING. At the Committee of Adjustment meeting of Thursday, November 3, 2016, the Committee agreed to further ADJOURN the above-mentioned application, to the November 17, 2016 meeting, as additional variances were identified and added to the application, necessitating re-circulation. Comments/Conditions: Commenting Department Comment Condition of Approval Planning Building Building - Septic Engineering Fire By-Law & Compliance Forestry Powerstream TRCA Region of York Letter from Applicant Letter of objection Legend: - Positive Comment - Negative Comment Prepared by: Lenore Providence

2 EXTRACTS FROM THE NOVEMBER 3, 2016 COMMITTEE OF ADJUSTMENT MINUTES 4. ADJOURNMENTS AND/OR DEFERRALS On October 25, 2016 an was received from the agent, requesting that item 18, File No. A390/16 MONARCH CASTLEPOINT KIPLING NORTH/SOUTH DEVELOPMENT LIMITED, be ADJOURNED to the November 17, 2016 meeting, due to additional variances being added necessitating re-circulation and a new notice. On October 27, 2016 the applicant amended the application to include additional variances that were identified by the Planning Department. Therefore the applicant s is requested that item 22, File No. A394/16 ARNULFO FIALLO and PAULA S. ORDONEZ, be ADJOURNED to the November 17, 2016 meeting, as re-circulation is required. MOVED by M. Mauti Seconded by J. Cesario That item 18, File No. A390/16 MONARCH CASTLEPOINT KIPLING NORTH/SOUTH DEVELOPMENT LIMITED, be ADJOURNED to the November 17, 2016 meeting. That item 22, File No. A394/16 ARNULFO FIALLO and PAULA S. ORDONEZ, be ADJOURNED to the November 17, 2016 meeting, CARRIED. 1 OF 1

3 COMMITTEE OF ADJUSTMENT 2141 Major Mackenzie Drive, Vaughan, Ontario, L6A 1T1 Tel [905] Fax [905] CONFIRMATION OF ADJOURNMENT MINOR VARIANCES November 10, 2016 ARNULFO FIALLO AND PAULA S. ORDONEZ 40 Degas Dr Thornhill, Ontario L4J 9J3 Dear Arnulfo Fiallo and Paula S. Ordonez Re: FILE NUMBER: A394/16 APPLICANT: ARNULFO FIALLO AND PAULA S. ORDONEZ PROPERTY: Part of Lot 12, Concession (Lot 129, of Registered Plan 65M- 3757), municipally known as 40 Degas Drive, Thornhill. This letter is to confirm that at the Committee of Adjustment meeting of Thursday, November 3, 2016, the Committee did ADJOURN the above-mentioned application to allow for re-circulation, due to the added variances. The new hearing was re-scheduled for November 17, 2016 at 6:00 p.m. in the 2 ND FLOOR COMMITTEE ROOMS 242/243. Your and/or your agent s attendance will be required at that time. You should have already received the new notice. This letter has also been copied to the interested parties listed below. IF YOU HAVEN T DONE SO ALREADY, PLEASE CHANGE THE SIGNAGE ON THE PROPERTY TO READ NOVEMBER 17, 2016, MEETING. A SIGNED FAX OR CAN BE SENT TO NOTIFY THIS OFFICE THAT THE CHANGE HAS BEEN DONE. If more amendments are required to your application, please notify our office as soon as possible. If you have any questions regarding the above, please do not hesitate to contact the writer. Sincerely, Lenore Providence Assistant to the Secretary-Treasurer to Committee of Adjustment City of Vaughan cc:, Alana Vertlieb, 42 Degas Dr Thornhill, Ontario L4J 9J3 Natalie Wong, Planner 1, Development Planning Department Gregory Seganfreddo, Building Standards Department Francesco Morea, Building Standards Department

4 COMMITTEE OF ADJUSTMENT 2141 MAJOR MACKENZIE DRIVE, VAUGHAN, ONTARIO L6A 1T1 PHONE: (905) FAX: (905) NOTICE OF APPLICATION MINOR VARIANCE FILE NUMBER: A394/16 APPLICANT: ARNULFO FIALLO and PAULA S. ORDONEZ PROPERTY: Part of Lot 12, Concession (Lot 129, of Registered Plan 65M-3757), municipally known as 40 Degas Drive, Thornhill. ZONING: PURPOSE: BY-LAW PROPOSAL: BY-LAW REQUIREMENT: The subject lands are zoned RV4(WS) and subject to the provisions of Exception 9(1063) under By-law 1-88 as amended To permit the maintenance of an existing deck, hot tub and driveway. 1. To permit a minimum rear yard setback of 0.32m for the uncovered deck. 2. To permit a minimum interior side yard setback of 0.48m for the uncovered deck. 3.To permit a minimum rear yard setback of 0.62m for the hot tub. 4. To permit a minimum interior side yard setback of 0.71m for the hot tub. 5. To permit a maximum driveway width of 9.84m. 6. To permit a maximum driveway width between the street line and the street curb of 9.84m. 7. To permit 7% minimum front yard landscaping. 1. Minimum rear yard setback 3.6m (deck). 2. Minimum interior side yard setback 1.2m (deck). 3. Minimum rear yard setback 1.5m (hot tub). 4. Minimum interior side yard setback 1.5m (hot tub). 5. Maximum driveway width of 6.0m. 6. Maximum driveway width between the street line and the street curb of 6.0m. 7. Minimum front yard landscaping 33%. A sketch is attached illustrating the request. This application will be heard by the Committee of Adjustment on the date and time shown below. DATE: THURSDAY, NOVEMBER 17, 2016 TIME: 6:00 PM LOCATION: COMMITTEE ROOM 242/243 (2nd Floor) VAUGHAN CITY HALL 2141 MAJOR MACKENZIE DRIVE VAUGHAN, ONTARIO L6A 1T1 You are invited to attend this public hearing in person to express your views about this application or you may be represented by counsel for that purpose. If you do not attend at the hearing it may proceed in your absence and, except as otherwise provided in the Planning Act, you will not be entitled to any further notice of the proceedings. If you wish to be notified of the decision of the Committee of Adjustment with respect to this application, you must complete the attached Request for Decision form and submit it to the Secretary-Treasurer. Additional information is available from the Committee of Adjustment staff between 8:30 a.m. and 4:30 p.m. Monday to Friday at the Committee of Adjustment, Clerks Department: Tel:(905) /Fax:(905) If you wish to make written comments on this application they may be forwarded to the Secretary - Treasurer of the Committee of Adjustment PRIOR TO THE MEETING. Your comments are collected under the legal authority of the Planning Act, R.S.O. 1990, Chapter c. P.13, as amended. Your comments in respect to this application becomes the property of the City of Vaughan and will become part of the decision making process of the application as noted on this form. Pursuant to Section 27 of the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M.56, as amended, public feedback to planning proposals is considered to be a public record and will be disclosed to any individual (including being posted on the internet) upon request in accordance with Section 27 of the Municipal Freedom of Information and Protection Privacy Act, R.S.O. 1990, c. M.56, as amended. Questions about this collection should be directed to the Secretary-Treasurer, Vaughan Committee of Adjustment, Clerk s Department, 2141 Major Mackenzie Drive, Vaughan, Ontario; L6A 1T1 (905) x DATED THIS WEDNESDAY, NOVEMBER 02, 2016 Todd Coles, BES, ACST(A), MCIP, RPP Manager of Development Services and Secretary-Treasurer to Committee of Adjustment Agenda packages will be available prior to the hearing at: Vaughan.ca/CofA

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7 On Oct. 27, 2016, the applicants amended the application & sketch to incld. additional variances. 394/16

8 1. To permit a minimum rear yard setback of 0.32m for the uncovered deck. 2. To permit a minimum interior side yard setback of 0.48m for the uncovered deck. 3.To permit a minimum rear yard setback of 0.62m for the hot tub. 4. To permit a minimum interior side yard setback of 0.71m for the hot tub. 5.To permit a maximum driveway width of 9.84m. 6.To permit a maximum driveway width between the street line and the street curb = 9.84m. 7.To permit the total front yard landscaped area = 7.0% 1. Minimum rear yard setback 3.6m (deck). 2. Minimum interior side yard setback 1.2m (deck). 3. Minimum rear yard setback 1.5m (hot tub). 4. Minimum interior side yard setback 1.5m (hot tub). 5.Maximum driveway width 6.0m. 6 Maximum width of the driveway between the street line and the street curb 6.0m 7.Total front yard landscaped area of 7.0% is required. The house was purchased with the existing driveway.

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25 OCTOBER 5, 2016 Submitted by Applicant A394/16

26 OCTOBER 5, 2016 Submitted by Applicant A394/16

27 OCTOBER 5, 2016 Submitted by Applicant A394/16

28 November 3, 2016

29 memorandum To: From: Todd Coles, Committee of Adjustment Secretary Treasurer Grant Uyeyama, Director of Development Planning Date: November 08, 2016 Name of Owner: Location: ARNULFO FIALLO PLAN 65M3757 Lot 129 municipally known as 40 Degas Drive File No.(s): A394/16 Proposed Variance(s): 1. To permit a minimum rear yard setback of 0.32m for the uncovered deck. 2. To permit a minimum interior side yard setback of 0.48m for the uncovered deck. 3.To permit a minimum rear yard setback of 0.62m for the hot tub. 4. To permit a minimum interior side yard setback of 0.71m for the hot tub. 5. To permit a maximum driveway width of 9.84m. 6. To permit a maximum driveway width between the street line and the street curb of 9.84m. 7. To permit 7% minimum front yard landscaping. By-Law Requirement(s): 1. Minimum rear yard setback 3.6m (deck). 2. Minimum interior side yard setback 1.2m (deck). 3. Minimum rear yard setback 1.5m (hot tub). 4. Minimum interior side yard setback 1.5m (hot tub). 5. Maximum driveway width of 6.0m. 6. Maximum driveway width between the street line and the street curb of 6.0m. 7. Minimum front yard landscaping 33%. Official Plan: VOP 2010: "Low-Rise Residential". The proposal conforms to the Official Plan. Comments: The Owner is requesting permission to maintain an existing rear deck, hot tub, and widened driveway with the above-noted variances. Development Planning Department staff conducted a site visit with photo documentation on October 19, The Owners have indicated that the existing hot tub is being utilized for a family member with disabilities. The access to the hot tub stairs are located along the fence at its closest setback to the rear lot line. In considering that the deck and hot tub have been constructed to aid in accessibility and medical needs, this Department has no objection to Variances #1 to #4. Further, the existing deck and hot tub do not adversely impact the existing drainage on site. The Development Planning Department has no objection to Variances #5 to #7. The driveway widening does not visually impact the existing streetscape. The Owner still maintains the minimum soft landscaping requirement within Zoning By-law The Development Planning Department is of the opinion that the proposal is minor in nature, meets the intent of the Zoning By-law, and is desirable for the appropriate development of the land. Recommendation: The Development Planning Department recommends approval of the application. Conditions of Approval: If the committee finds merit in the application, the following conditions of approval are recommended: None Comments Prepared by: Natalie Wong, Planner 1 Christina Napoli, Senior Planner Development Planning Department City of Vaughan 2141 Major Mackenzie Drive Vaughan, ON L6A 1T1 T: F: Page 1

30 2141 Major Mackenzie Drive Vaughan, Ontario Canada L6A 1T1 (905) To: From: Committee of Adjustment Moira Coughlan, Building Standards Department Date: October 31, 2016 Name of Owner: Location: ARNULFO FIALLO PLAN 65M3757 Lot 129 municipally known as 40 Degas Drive File No.(s): A394/16 Zoning Classification: Proposal: The subject lands are zoned RV4(WS) and subject to the provisions of Exception 9(1063) under By-law 1-88 as amended 1. To permit a minimum rear yard setback of 0.32m for the uncovered deck. 2. To permit a minimum interior side yard setback of 0.48m for the uncovered deck. 3.To permit a minimum rear yard setback of 0.62m for the hot tub. 4. To permit a minimum interior side yard setback of 0.71m for the hot tub. 5. To permit a maximum driveway width of 9.84m. 6. To permit a maximum driveway width between the street line and the street curb of 9.84m. 7. To permit 7% minimum front yard landscaping. By-Law Requirements: 1. Minimum rear yard setback 3.6m (deck). 2. Minimum interior side yard setback 1.2m (deck). 3. Minimum rear yard setback 1.5m (hot tub). 4. Minimum interior side yard setback 1.5m (hot tub). 5. Maximum driveway width 6.0m. 6. Maximum driveway width between the street line and the street curb 6.0m. 7. Minimum front yard landscaping 33%. Staff Comments: Stop Work Order(s) and Order(s) to Comply: None Building Permit(s) Issued: A Building Permit has not been issued for the deck. A swimming pool enclosure permit has not been issued for the hot tub. Other Comments: For Information Only: 1. The applicant shall be advised that additional variances may be required upon review of detailed drawing for building permit/site plan approval. Comments are based only on the documentation supplied with this application. 2. Pool equipment shall be setback a minimum of 1.2 metres from the interior side lot line; and may encroach a maximum of 1.5 metres into the required rear yard. Conditions of Approval: If the committee finds merit in the application, the following conditions of approval are recommended. None * Comments are based on the review of documentation supplied with this application. Page 1 of 1

31 COMMITTEE OF ADJUSTMENT 2141 MAJOR MACKENZIE DRIVE, VAUGHAN, ONTARIO L6A 1T1 PHONE: (905) FAX: (905) To: From: Committee of Adjustment Various Departments and Agencies Date: 09 November 2016 Name of Owner: Location: ARNULFO FIALLO AND PAULA S. ORDONEZ Part of Lot 12, Concession (Lot 129, of Registered Plan 65M-3757), municipally known as 40 Degas Drive, Thornhill. File No.(s): A394/16 Zoning Classification: Proposal: The subject lands are zoned RV4(WS) and subject to the provisions of Exception 9(1063) under By-law 1-88 as amended 1. To permit a minimum rear yard setback of 0.32m for the uncovered deck. 2. To permit a minimum interior side yard setback of 0.48m for the uncovered deck. 3.To permit a minimum rear yard setback of 0.62m for the hot tub. 4. To permit a minimum interior side yard setback of 0.71m for the hot tub. 5. To permit a maximum driveway width of 9.84m. 6. To permit a maximum driveway width between the street line and the street curb of 9.84m. 7. To permit 7% minimum front yard landscaping. By-Law Requirements: 1. Minimum rear yard setback 3.6m (deck). 2. Minimum interior side yard setback 1.2m (deck). 3. Minimum rear yard setback 1.5m (hot tub). 4. Minimum interior side yard setback 1.5m (hot tub). 5. Maximum driveway width of 6.0m. 6. Maximum driveway width between the street line and the street curb of 6.0m. 7. Minimum front yard landscaping 33%. Public Comment(s): Engineering Comment(s): Prepared by: Peter Turezki 1. Staff from the Development Engineering and Infrastructure Planning Department completed a site inspection at the subject property on November 2, Based on the existing conditions, staff did not observe any adverse effects relating to lot line storm water runoff drainage conveyance. 2. The Owner and/or Applicant is advised to contact the Development Inspection and Lot Grading Division directly within the Development Engineering and Infrastructure Planning Department to obtain all necessary approvals, if applicable, for the existing hot tub. Engineering Condition(s): There are no conditions associated with this application By-Law and Compliance Comment(s): Prepared by: Nicolino Brusco There are no conditions associated with this application Bylaw Enforcement Condition(s): There are no conditions associated with this application * Comments are based on the review of documentation supplied with this application. Page 1 of 1

32 Date: October 31 st, 2016 Attention: RE: Todd Coles Request for Comments File No.: A (Revised) Related Files: Applicant: Location ARNULFO FIALLO (PAULA S. ORDONEZ) 40 Degas Drive, Thornhill 1

33 COMMENTS: PowerStream has received and reviewed the proposed Variance Application. This review, however, does not imply any approval of the project or plan. All proposed billboards, signs, and other structures associated with the project or plan must maintain minimum clearances to the existing overhead or underground electrical distribution system as specified by the applicable standards, codes and acts referenced. In the event that construction commences, and the clearance between any component of the work/structure and the adjacent existing overhead and underground electrical distribution system violates the Occupational Health and Safety Act, the customer will be responsible for 100% of the costs associated with PowerStream making the work area safe. All construction work will be required to stop until the safe limits of approach can be established. In the event construction is completed, and the clearance between the constructed structure and the adjacent existing overhead and underground electrical distribution system violates the any of applicable standards, acts or codes referenced, the customer will be responsible for 100% of PowerStream s cost for any relocation work. References: Ontario Electrical Safety Code, latest edition (Clearance of Conductors from Buildings) Ontario Health and Safety Act, latest edition (Construction Protection) Ontario Building Code, latest edition (Clearance to Buildings) PowerStream (Construction Standard 03-1, 03-4), attached Canadian Standards Association, latest edition (Basic Clearances) If more information is required, please contact either of the following: Mr. Barry N. Stephens Mr. Tony D Onofrio Commercial & Industrial Services Supervisor Supervisor, Subdivisions & New Services Phone: ext Phone: ext Fax: Fax: barry.stephens@powerstream.ca tony.donofrio@powerstream.ca 2

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36 Providence, Lenore Subject: Attachments: FW: A394/16-40 Degas Drive, Minor Variance, Vaughan A Circulation REVISED OCT 31.pdf From: Hurst, Gabriellee [mailto:gabrielle.hurst@york.ca] Sent: November To: Providence, Lenore; Attwala, Pravina; MacPherson, Adrianaa Subject: FW: A394/16-40 Degas Drive, Minor Variance, Vaughan Good afternoon Lenore, The Regional Municipality of York has reviewed the above Minor Variance and has no objection. Regards, ZtuÜ xääx 3:51 PM Gabrielle Hurst, MCIP. RPP. C.Tech Programs and Process Improvement Section Planning and Economic Development Branch Corporate Services The Regional Municipality of York Yonge Street Newmarket, ON L3Y 6Z1 O ext gabrielle.hurst@york..ca Our Values: Integrity, Commitment, Accountability, Respect, Excellence 1