The Minutes of the 20 th Meeting of the Vaughan Committee of Adjustment for the year 2008 THURSDAY, NOVEMBER 13, :00 p.m.

Transcription

1 Present at the meeting were: M. Mauti Chair J. Cesario L. Fluxgold S. Krcmar Members of Staff present: The Minutes of the 20 th Meeting of the Vaughan Committee of Adjustment for the year 2008 THURSDAY, NOVEMBER 13, :00 p.m. Todd Coles, Secretary-Treasurer Cathy Moreland, Assistant to the Secretary-Treasurer Mary Serino, Planner Mike Ridgwell, Plans Examiner Otello Santini, Development Engineering (For Item # 10 only) OTHER BUSINESS THAT S. Krcmar be appointed as a member to Committee of Adjustment for the year 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 THAT the minutes of the Committee of Adjustment Meeting of Thursday, October 30, 2008, be adopted as circulated. CARRIED ADJOURNMENTS AND/OR DEFERRALS A fax was received November 13, 2008 from Georgio Lolos, the authorized agent, requesting that Item# 22, File No. A303/08 Platinum Touch Homes, be adjourned to the December 11, 2008 meeting, with respect to Building Standards Dept. comments. An was received November 11, 2008 from Eric Ho, the authorized agent, requesting that Item # 23, File No. A304/08 ROBERT HO c/o Wanda Ho, be adjourned to the November 27, 2008 meeting, in order to resolve survey discrepancies. An was received from Franca Carella, the owner, requesting that Item # 25, File No. A308/08 VITANOVA SHELTER CORPORATION, be adjourned to the November 27, 2008 meeting, Page 1 of 24

2 ADJOURNMENTS AND/OR DEFERRALS Cont d THAT Item # 22, File No. A303/08 PLATINUM TOUCH HOMES, be adjourned to the December 11, 2008 meeting, THAT Item # 23, File No. A304/08 ROBERT HO c/o Wanda Ho, be adjourned to the November 27, 2008 meeting THAT Item # 25, File No. A308/08 VITANOVA SHELTER CORPORATION, be adjourned to the November 27, 2008 meeting. CARRIED ADMINISTRATIVE CORRECTIONS ITEM NO. 10 FILE NO. A235/08 APPLICANT: ANNA MARIA MAURO Notice of Application should read: The subject lands are zoned R1, Residential and OS1, Open Space Conservation under By-law 1-88 as amended and further subject to exception 9(665) NOT: The subject lands are zoned R1, Residential under By-law 1-88 as amended and further subject to exception 9(665) ITEM NO. 29 FILE NO. A312/08 APPLICANT: YORK MAJOR HOLDINGS INC. Notice of Application should read: PROPOSAL: 3) A minimum 4 car stacking lane. NOT: PROPOSAL: 3) A minimum 3 car stacking lane. CARRIED Page 2 of 24

3 CONSENT & MINOR VARIANCE PUBLIC HEARING: (Previously adjourned from the October 16 & October 30, 2008 Meetings) On October 27, 2008, an additional minor variance application was submitted from agent Rosemarie Humphries. In order for all the applications to be heard together, it is requested that Item # 8 & 9, File No. B045/08 and A295/08, ARVIT INVESTMENTS INC., be adjourned to the November 13, 2008 meeting, to allow for a Minor Variance to be submitted and be heard together. Item 6 TO 8. FILE NUMBER: B045/08 APPLICANT: ARVIT INVESTMENTS INC. Part of Lot 18, Concession 4, (Blocks 133 and 137, Registered Plan 65M-3505, municipally located w/s of Kayla Crescent, Maple). The subject lands are zoned C2(H), General Commercial with a Holding Zone Provision under By-law 1-88 subject to Exception 9(1096) as amended. The lands to the south (Block 134 and Block 136) are zoned RV4, Residential Urban Village Four Zone under By-law 1-88 subject to Exception 9(1096) as amended. To request the consent of the Committee of Adjustment to convey a parcel of land marked "A" on the attached sketch as an ADDITION to an existing lot taken into the title of the lands to the SOUTH for unknown purposes, and retain the lands marked B on the attached sketch for commercial purposes. Currently, both the subject and retained lands are vacant. FILE NUMBERS: A295/08 AND A319/08 APPLICANTS: ARVIT INVESTMENTS INC. AND ONTARIO INC. Part of Lot 18, Concession 4, (Blocks 133, 137 and 134, 136, (respectively), Registered Plan 65M-3505, municipally located w/s of Kayla Crescent, Maple). A295/08 - Blocks 133 and 137 are zoned C2(H), General Commercial with a Holding Zone Provision under By-law 1-88 subject to Exception 9(1096). A319/08 - Blocks 134 and 136 are zoned RV4, Residential Urban Village Four Zone under By-law 1-88 subject to Exception 9(1096) PROPOSALS: To facilitate consent application (B045/08 SUBJECT LAND) conveyance of a parcel of land as an addition in favour of the land to the south (being blocks 134, 136) for unknown purposes). A295/08 -The zoning line between the RV4 (lands to the south) and C2(H) shall be deemed to be the lot line (75.30m south from the new northerly lot line being created through B045/08) for the purpose of determining compliance with zoning regulations. A319/08 -The zoning line between the RV4 and C2(H) (lands to the north) shall be deemed to be the lot line (75.30m south from the new northerly lot line being created through B045/08) for the purpose of determining compliance with zoning regulations. The lot lines of the property are used to calculate compliance with zoning regulations. Rosemarie Humphries, appeared as the agent and had nothing to add to the request. No one appeared in support of or in opposition to the request. There were no comments/objections from any Departments or Agencies, and any conditions are listed below. MOVED by J. Cesario Seconded by L. Fluxgold Page 3 of 24

4 THAT Application No. B045/08 - ARVIT INVESTMENTS INC., be APPROVED, in accordance with the sketch attached and subject to the following conditions: NOTE: All conditions below must be fulfilled and clearance letters must be received by the Secretary-Treasurer before any cheques can be accepted and Certificate of Official can be issued. 1. That the owner shall pay all taxes as levied, if required, to the satisfaction of the Reserves/Capital Department; (contact Terri Liuni in the Reserves/Capital Department to have this condition cleared). 2. That Minor Variance Applications A295/08 and A319/08 be approved; 3. This consent is given on the express understanding that Subsection 3 or Subsection 5 of Section 50 of the Planning Act shall apply to any subsequent conveyance in respect to the subject lands\ 4. That the applicant provide to the Secretary Treasurer a letter of undertaking, stating that the ADDITION in question is in favour of or taken into the title of the lands to the SOUTH; 5. Upon fulfilling and complying with all of the above-noted conditions, the Secretary-Treasurer of the Committee of Adjustment must be provided with a letter and three (3) copies of a legal size (8.5 by 14 ) Schedule Page, in a format satisfactory to the Secretary-Treasurer, from the Applicant s solicitor confirming the legal description of the subject lands, sufficient for registration purposes the Schedule Page will be an attachment to the Certificate. Upon being satisfied with said legal description and upon all other conditions for the consent having been satisfied, the Secretary- Treasurer shall provide a Certificate of Official to the applicant in accordance with Section 53(42) of the Planning Act, R.S.O. 1990, as amended; 6. A fee of $ made payable to the Treasurer City of Vaughan shall, be submitted to the Secretary Treasurer for the issuance of the Certificate/stamping of the deeds. It will be necessary to allow up to three (3) working days after all conditions have been fulfilled and documentation filed. Same day service is also available for an additional cost of $145.00, provided all conditions of approval have been fulfilled and all required documents are submitted by 11:30 am that day; 7. Prior to the issuance of a building permit, if required, the applicant shall fulfil and comply with all of the above noted consent conditions; PLEASE NOTE: 1. That the payment of the Regional Development Charge is payable to the City of Vaughan before issuance of a building permit in accordance with the Development Charges Act and the Regional Development Charges Bylaw in effect at the time of payment. 2. That the payment of the City Development Charge is payable to the City of Vaughan before issuance of a building permit in accordance with the Development Charges Act and the City's Development Charges By-law in effect at the time of payment. 3. That the payment of the Education Development Charge is payable to the City of Vaughan before issuance of a building permit in accordance with the Development Charges Act and the Boards of Education By-laws in effect at the time of payment 4. That the payment of Special Area Development charge is payable to the City of Vaughan before issuance of a building permit in accordance with the Development Charges Act and The City's Development Charge By-law in effect at the time of Building permit issuance, if required, to the satisfaction of the Reserves/Capital Department; 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. THAT Application Nos A295/08 and A319/08, ARVIT INVESTMENTS INC. AND ONTARIO INC., be APPROVED, in accordance with the sketches attached and subject to the following conditions: 1. That the corresponding Consent Application File No. B045/08, be approved; 2. That if the conditions listed above is not fulfilled and the Building Permit, if required, 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 4 of 24

5 MINOR VARIANCE PUBLIC HEARING: (Previously adjourned from the June 19, July 3, July 31, and Sept. 25, 2008 Meetings) Item 9. On September 15, 2008, an , from Lou Ciardullo, the applicant, was received, requesting that Item #9, File No. A097/08 LUIGI & MARIA CIARDULLO, be ADJOURN SINE DIE, as he is dealing with family medical concerns and will not be able to attend the meeting. FILE NO. A097/08 APPLICANTS: LUIGI & MARIA CIARDULLO Part of Lot 7, Concession 6, (Lot 144, Registered Plan No. 65M-2180, municipally known as 27 Waterfall Road, Woodbridge). The subject lands are zoned R4 Residential, under By-Law 1-88 as amended and further subject to Exception 9(476). The applicants are requesting variances to permit the maintenance of an existing garden shed/greenhouse at the property of an existing two storey single family detached dwelling as follows: PROPOSAL: 1. max floor area 13.3m2 2. min rear yard setback 0.6m 3. min interior sideyard 0.4m 4. max height 3.3m 5. min 0.0m interior side yard setback to eaves 1. max floor area 8m2 2. min rear yard setback 7.5m 3. min interior sideyard 1.2m 4. max building height 2.5m 5. min 0.9m interior side yard setback to eaves Luigi Ciardullo, the owner, did not appear. Tullio Pettinella, 23 Waterfall Road, Woodbridge, Ontario, L4L 5R8, appeared in opposition, reitterating his previous letters on file. No one else appeared support of or in opposition to the request. There were no comments/objections from any Departments or Agencies. The Committee is of the opinion that the variances sought cannot be considered minor and are not desirable for the appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will not be maintained. THAT Application No. A097/08 LUIGI & MARIA CIARDULLO, be REFUSED, in accordance with the attached sketch. Page 5 of 24

6 MINOR VARIANCE PUBLIC HEARING: (Previously adjourned from the Sept. 25, Oct, 16, and Oct 30, 2008 Meetings) Item 10. FILE NUMBER: A235/08 APPLICANT: PROPOSAL: ANNA MARIA MAURO Part of Lot 12, 13, Concession 8, (Lot 21, Registered Plan No. 65M-2811, municipally known as 26 Humberview Drive, Woodbridge). The subject lands are zoned R1, Residential and OS1, Open Space Conservation under By-Law 1-88 as amended and further subject to exception 9(665) The applicant is requesting variances to permit the maintenance of a rear yard shed, a rear yard accessory structure, and a rear yard design element (privacy wall), as follows: 1. A shed with a maximum height of 3.05m. 2. A maximum height of 3.05m for an accessory structure. 3. A minimum setback of 0.9m (3ft) to an accessory structure. 4. An architectural or design element with a maximum height of 2.6m. 1. A maximum height of 2.5m for a shed under 10m A maximum height of 2.5m for an accessory structure (structure enclosing the bathroom facilities). 3. A minimum setback of 1.8m to an accessory structure (structure enclosing the bathroom facilities). 4. An architectural or design element is to have a maximum height of 1.8m. A recap from the previous meeting October Gerard Borean, 3883 Highway #7, Suite 207, Vaughan, Ontario, L4L 6C1, appeared as the agent along with Mark Yarranton, who did not speak. Mr. Borean requested that the Committee hear the application as scheduled as they have the authority to make a decision rather than defer the application as per the Toronto and Region Conservation Authority s request. There were discussions between the Committee, Mr. Borean and Ms. Carolyn Liddy, who mentioned that her lawyer was not present as she was told the application would be deferred. The Committee decided to adjourn the application as per the Toronto and Region Conservation Authority s request. A copy of an was hand delivered at the hearing as a written deputation from Ms. Carolyn Liddy, 36 Humberview Drive, Woodbridge, Ontario, L4H 1B1. A retraction letter was received from Stan and Rita Soukup, 18 Humberview Drive, Woodbridge, Ontario, L4H 1B1, after speaking with their neighbour they no longer object to the application. A request for decision was received from Gerard Borean, 3883 Highway #7, Suite 207, Vaughan, Ontario, L4L 6C1 and Stan and Rita Soukup, 18 Humberview Drive, Woodbridge, Ontario, L4H 1B1. No one else appeared before the Committee either in support of or in opposition to the request. Authorization for Gabe Faraone, Gino Mauro, Mark Yarranton and Gerry Borean was received October 23, The Building Standards Department made the following written comments: DATED OCTOBER 29/08 (submitted with sketch). The following comments are based on R1, Residential and OS1, Open Space Conservation zoning subject to exception 9(665) under By-law 1-88 as amended and the as built site plan dated October 23, 2008 by G.P. Faraone, Registered Professional Engineer. Page 6 of 24

7 The Building Standards Department made the following written comments: DATED OCTOBER 29/08 (continued..) With the exception of those items listed in the minor variance application A235/08 the setbacks for all structures, floor areas and lot coverage as shown on the site plan prepared by GPF Design Services Inc. appear to comply with the requirements of By-law 1-88 as amended. The Toronto and Region Conservation Authority made the following written comments: DATED OCTOBER 30/08 This letter will acknowledge receipt of Revised Committee of Adjustment Application A235/08. Toronto and Region Conservation Authority (TRCA) staff has reviewed the application. We are also in receipt of comments from neighbouring landowners and inquiries from staff at the City of Vaughan regarding the TRCA s position on the development that has occurred on this site. TRCA staff revisited the subject property on October 29, RecommendationsIn light of our recent site visit, TRCA staff requires additional time to review the materials before us. We recommend deferral of the variance application, as revised, so that we can continue our review and to allow for further dialogue between the owner, the TRCA, the City of Vaughan and the neighbouring property owners. There were no other NEW comments/objections from any Departments or Agencies. PREVIOUSLY DOCUMENTED: DATED SEPTEMBER 23/08 - A petition in support of the application was received from the following people: Anastasia Bruno, 106 Humberview Drive, Woodbridge, Ontario, L4H 1B1; Lora Casciato, 111 Humberview Drive, Woodbridge, Ontario, L4H 1B1; Josie Colangelo 103 Humberview Drive, Woodbridge, Ontario, L4H 1B1; Piacampo, 98 Humberview Drive, Woodbridge, Ontario, L4H 1B1; Deepak Seth 95 Humberview Drive, Woodbridge, Ontario, L4H 1B1; Joe Fortunato 90 Humberview Drive, Woodbridge, Ontario, L4H 1B1; Lesley DeRose 82 Humberview Drive, Woodbridge, Ontario, L4H 1B1; I Moftah 68 Humberview Drive, Woodbridge, Ontario, L4H 1B1; Sue Corazzola 77 Humberview Drive, Woodbridge, Ontario, L4H 1B1; E. Dilecce 63 Humberview Drive, Woodbridge, Ontario, L4H 1B1; Sandy Arcuri 47 Humberview Drive, Woodbridge, Ontario, L4H 1B1; Roy Borzellino, 87 Humberview Drive, Woodbridge, Ontario, L4H 1B1; Calda Forrestor 64 Humberview Drive, Woodbridge, Ontario, L4H 1B1; Lucy Ifko 53 Humberview Drive, Woodbridge, Ontario, L4H 1B1; Archie Iacobucci, 12 Humberview Drive, Woodbridge, Ontario, L4H 1B1; Silvana Trionfo, 54 Humberview Drive, Woodbridge, Ontario, L4H 1B1; J. Genova 29 Humberview Drive, Woodbridge, Ontario, L4H 1B1; Brian Child 5 Humberview Drive, Woodbridge, Ontario, L4H 1B1; Mary Duca, 11 Humberview Drive, Woodbridge, Ontario, L4H 1B1; R. Buttarazzi, 6 Humberview Drive, Woodbridge, Ontario, L4H 1B1; R. Santini, 21 Humberview Drive, Woodbridge, Ontario, L4H 1B1; C. Falco, 71 Humberview Drive, Woodbridge, Ontario, L4H 1B1; Terri Circelli, 37 Humberview Drive, Woodbridge, Ontario, L4H 1B1; Mary Riccio, 115 Humberview Drive, Woodbridge, Ontario, L4H 1B1 and Carmen Ragno, 46 Humberview Drive, Woodbridge, Ontario, L4H 1B1. Request for decision forms were received from the following people: David R. Rothwell, 130 Adelaide Street West, Suite 79, Toronto, Ontario, M5H 2K4; Eric P. Gillespie, Barrister and Solicitor, 10 King Street, Suite 600, Toronto, Ontario, M5C 1C3; S and R. Soukup, 18 Humberview Drive, Woodbridge, Ontario, L4H 1B1. Authorization for David R. Rothwell and/or Nick Riccio was hand delivered on September 24, Photographs and sketches are on file, received from the applicant Ms. Anna Maria Mauro, and the opposing neighbours Stan and Rita Soukup, 18 Humberview Drive, Woodbridge, Ontario, L4H 1B1and Ms. Carolyn Liddy, 36 Humberview Drive, Woodbridge, Ontario, L4H 1B1. The Building Standards Department made the following written comments: DATED OCTOBER 22/08 The zone boundary shall be as depicted in the attached sketch. DATED SEPTEMBER 26/08 I have reviewed your request for comments for the above noted application. The following comments are based on R1, Residential zoning subject to exception 9(665) under By-law 1-88 as amended. 1) Upon review of the application and inspection during a site visit conducted on September 26, 2008 the variances sought are representative of the actual site conditions. The applicant is responsible for ensuring the ultimate accuracy of the variances. 2) The lot coverage as stated by GPF Design Services Inc is 26.42% not exceeding the maximum lot coverage of 35%. This coverage is stated on the site plan prior to the reduction of the structure under permit R ) An outdoor cooking area consisting of a barbeque and counter has been located in the rear yard and is not regulated by By-law A revised permit has been issued R reducing the size of the proposed pool shed as depicted on the application (now existing). The revised structure exposes the barbeque and counter removing the roof over the barbeque and counter. 4) The existing retaining walls comply with the requirements of By-law ) The three structures combined do not exceed the maximum floor area of 67m 2. The Building Standards Department made the following written comments: DATED AUGUST 29/08 & SEPTEMBER 8/08 The shed enclosing the bathroom facilities shall be considered an accessory structure as only one shed with reduced setbacks shall be permitted. The two sheds were reviewed under permit as complying garden sheds. Page 7 of 24

8 The Building Standards Department made the following written comments: DATED AUGUST 15/08 & AUGUST 20/08The shed enclosing the bathroom facilities shall be considered an accessory structure as only one shed with reduced setbacks shall be permitted. The Engineering Department made the following written comments: DATED SEPTEMBER 23/08 The Engineering Department is satisfied that 0.9 metre setback being proposed is sufficient to provide for side lot line drainage and swale which is the limit of this Department s concern regarding the items listed for consideration in the above noted Variance Application. The Toronto and Region Conservation Authority made the following written comments: DATED SEPTEMBER 25/08 Application-Specific Comments The subject property is partially regulated as it is partially within the valley system. TRCA staff note that the applicant has already received a permit under Ontario Regulation 166/06 for the works as outlined in this variance application. The permit (Permit No. C-07339) was originally issued July 5, 2007 and the newest revision was approved by the TRCA September 16, As part of the permit, a 5 metre sodded area has been maintained between the existing top of bank and the works. Staff note that the structure along the eastern property boundary is not shown as per the plan approved by the TRCA; however, we further note that this structure is not the subject of the current variance application. Recommendations In light of the above, TRCA staff have no objections to the above noted variance application, as submitted. However, please be advised that all future development proposals should be circulated to the TRCA for our review and approval prior to any works taking place. On November 12, 2008, the Toronto & Region Conservation Authority send the following comments; This letter will acknowledge receipt of Revised Committee of Adjustment Application A235/08. Toronto and Region Conservation Authority (TRCA) staff has now had an opportunity to review the application and offers the following comments. Application-Specific Comments TRCA staff visited the subject property on October 29, We also reviewed the Site Plan prepared by GPF Design Services Inc., revised August 11, 2008, and submitted to the Committee of Adjustment on Based on our review, the pool, deck and accessory structures together are approximately 1 metre closer to the valley lands than had been originally approved by the TRCA through Permit No. C Notwithstanding the structures are closer to the open space lands, an appropriate setback has been maintained. Further, in our opinion, the current development has had no impact on the existing timber retaining wall situated along the rear property line. This wall was previously built by the owner without the approval of the TRCA. The timber retaining wall and associated fill placement is not recognized by this office and we do not assume any liability for the placement of this fill or the retaining wall and do not waive any rights to claim for contribution or indemnity from the owner if damages do occur to third parties. Recommendations In light of the above, TRCA staff has no objections to revised Committee of Adjustment Application A235/08, subject to the following condition: 1. That the applicant successfully obtain a revision to TRCA Permit No. C to recognize the asbuilt structures, excluding the previously constructed timber retaining wall. Please be advised that all future development proposals should be circulated to the TRCA for our review and approval prior to any works taking place. Page 8 of 24

9 MINUTES OF NOVEMBER 13, 2008 Gerald Borean, appeared as the authorized agent, submitting a brief to each Committee member. The brief included the history of the application since submission, photos of the retaining wall, shed and accessory building, and a summary of events, including the revised Toronto & Region Conservation Authority s comments with one condition. Eric Gillespie, appeared in opposition to the application on behalf of Mark & Carolyn Liddy, 36 Humberview Drive. Mr. Gillespie submitted two separate document books to the Committee members. The first book referred to previous Ontario Municipal Board decisions. The second book included issues of zoning, calculation of soft landscaping, sale of lands to applicant, setbacks for privacy wall, setbacks for eaves, outstanding orders, fence problems, water removal and validity of support petition. The Committee asked that the Building Standards Dept. explain zoning of the property. Gerald Borean stood back up to the podium and responded to the issues raised by Mr. Gillespie. That the Committee recess at 7:06pm Reconvened at 7:15pm No one else appeared in support of or in opposition to the request. There were no other comments/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. Seconded by S. Krcmar THAT Application No. A235/08 ANNA MARIA MAURO, be APPROVED, in accordance with the sketch attached: MINOR VARIANCE PUBLIC HEARING: (Previously adjourned from the Oct. 16, & Oct. 30, 2008 Meetings) Item 11. On October 28, 2008, Jack Chavez, the agent, requesting Item # s 14, File No. A269/08, OCTAVIO AND MARIA CHAVEZ, be ADJOURNED: TO THE NOVEMBER 13, 2008 MEETING, in order to comply with the request from the Toronto & Region Conservation Authority, to provide a geotechnical report. FILE NUMBER A269/08 APPLICANT: OCTAVIO AND MARIA CHAVEZ Part of Lot 4, Concession 7, (Lot 225, Registered Plan M-2014, municipally known as 127 Timber Lane, Woodbridge). The subject lands are zoned R2, Residential under By-Law 1-88 as amended and further subject to exception 9(259) To permit the construction of: A proposed enclosure over the existing front porch. A proposed one-storey extension to the proposed enclosed porch. To permit the continued construction of: A proposed one-storey addition with basement and walk-out stair from the basement at the rear of the existing two-storey single family detached dwelling. PROPOSAL: 1. Maximum lot coverage of 42.8%. 2. A minimum rear yard setback of 9.32m to the addition and 7.78m to stairs. Page 9 of 24

10 1. Maximum lot coverage of 40%. 2. A minimum rear yard setback of 10m to any structure. Jack Chavez, the agent, did not appear. The Committee agreed to adjourn the application to the November 27, 2008 meeting, as revised Toronto & Region Conservation Authority comments had not yet been received. No one appeared in support or in opposition to the request. There were no comments/objections from any Departments or Agencies. THAT Application No. A269/08 OCTAVIO & MARIA CHAVEZ, be ADJOURNED, to the NOVEMBER 27, 2008 MEETING. Item 12. MINOR VARIANCE PUBLIC HEARING: (Previously adjourned from the October 30, 2008 meeting) FILE NUMBER: A291/08 APPLICANTS: PROPOSAL: VERA & ENZO DI IORIO Part of Lot 27, Concession 8, (Lot 155, Registered Plan No. 65M-3895, municipally known as 21 Summerbreeze Court, Kleinburg). The subject lands are zoned R1, Residential under By-Law 1-88 as amended and further subject to exception 9(1162). The applicants are requesting variances to permit the maintenance of pool equipment, an air conditioner, and an accessory structure (pool cabana), as follows: 1) A minimum interior sideyard setback of 0.45m to the pool equipment. 2) A minimum interior sideyard setback of 0.45m to the AC unit. 3) A maximum shed height of 2.9m. 1) A minimum interior sideyard setback of 1.2m to the pool equipment. 2) A minimum interior sideyard setback of 1.2m to the AC unit. 3) A maximum shed height of 2.5m. The Engineering Department sent revised comments on Nov 4, 2008 as follows; The Engineering Department conducted a field inspection on October 14, 2008 and cannot support this application due to the fact that the Engineering Department requires a minimum of 0.6m side yard setback for the drainage swale (Grass swale). Enzo Di Iorio, the owner, appeared, and gave a brief submission. Mr Di Iorio submitted three documents to the Committee, being a letter from Wycliffe Homes, confirming no objection, a copy of an from David Art, Wycliffe Homes, advising that the lot grading was approved by the Engineering Dept. and a copy of his building permit No one appeared before the Committee either in support of or in opposition to the request. There were no other comments/objections from any Departments or Agencies. THAT Application No. A291/08, VERA & ENZO DI IORIO, be APPROVED, in accordance with the attached sketch. CARRIED Page 10 of 24

11 CONSENT & MINOR VARIANCE PUBLIC HEARING Items 13 to 15 FILE NO. B043/08 APPLICANT: CANADA INC., c/o ROYAL GROUP INC., ATTEN: MR. CORBET ELDER Part of Lot 5, Concession 8, Part of Block 3, Registered Plan No. 65M-3033, municipally known as 155 Regalcrest Court, Woodbridge. nds are zoned EM1, Prestige Employment Area subject to exceptions 9(654B) & 9(291) under By-Law 1-88 as amended. The purpose of this application is to request the consent of the Committee of Adjustment to convey a parcel of land marked "A" on the attached sketch for the creation of a new lot, for employment-industrial purposes, together with all required easements and right-of-ways, if required, and retain the lands marked B on the attached sketch for employment-industrial purposes The subject and retained lands have existing buildings. FILE NUMBERS: A305/08 AND A306/08 APPLICANTS: PROPOSALS: CANADA INC., c/o ROYAL GROUP INC., ATTEN: MR. CORBET ELDER Part of Lot 5, Concession 8, Part of Block 3, Registered Plan No. 65M-3033, municipally known as 155 & 131 Regalcrest Court, Woodbridge. The subject lands are zoned EM1, Prestige Employment Area subject to exceptions 9(654B) & 9(291) under By-Law 1-88 as amended. To facilitate consent application (B043/08 SUBJECT/RETAINED LANDS) creation of a lot for employment-industrial purposes). 1. To allow shared access to parking areas. 2. To allow mutual drive aisles within parking areas. 1 & 2 Parking areas shall be provided and maintained on the lot on which the building is erected for the sole use of the owner, occupant or others using the premises (3.8a). Philip Stewart, appeared as the authorized agent, and had nothing to add to the requests. No one appeared in support or in opposition to the request. There were no comments/objections from any Departments or Agencies, and any conditions are listed below. MOVED by J. Cesario Seconded L. Fluxgold THAT Application No. B043/ CANADA INC., c/o ROYAL GROUP INC., ATTN: MR. CORBET ELDER, be APPROVED, in accordance with the sketch attached, subject to the following conditions; NOTE: All conditions below must be fulfilled and clearance letters must be received by the Secretary-Treasurer before any cheques can be accepted and Certificate of Official can be issued. 1. Payment to the City of Vaughan of a Tree Fee if required, approved by Council as of the date of granting the consent. Payment is to be made by certified cheque, to the satisfaction of the City of Vaughan (Reserves & Investments Department; contact Terry Liuni to have this condition cleared.) 2. That the owner shall pay all taxes as levied, if required, to the satisfaction of the Reserves & Investments Department. Payment shall be made by certified cheque; (contact Terry Liuni in the Reserves & Investments Department to have this condition cleared). 3. That the corresponding Minor Variances File Nos. A305/08, A306/08, be approved; Page 11 of 24

12 4. Upon fulfilling and complying with all of the above-noted conditions, the Secretary-Treasurer of the Committee of Adjustment must be provided with a letter and three (3) copies of a legal size (8.5 by 14 ) Schedule Page, in a format satisfactory to the Secretary-Treasurer, from the Applicant s solicitor confirming the legal description of the subject lands, sufficient for registration purposes the Schedule Page will be an attachment to the Certificate. Upon being satisfied with said legal description and upon all other conditions for the consent having been satisfied, the Secretary- Treasurer shall provide a Certificate of Official to the applicant in accordance with Section 53(42) of the Planning Act, R.S.O. 1990, as amended; 5. Submission to the Secretary-Treasurer of FOUR (4) white prints of a registered deposited reference plan of survey, showing the subject land which conforms with the application submitted and which shows the dimensions and areas of each part shown on the plan; 6. A fee of $ made payable to the Treasurer City of Vaughan shall, be submitted to the Secretary Treasurer for the issuance of the Certificate/stamping of the deeds. It will be necessary to allow up to three (3) working days after all conditions have been fulfilled and documentation filed. Same day service is also available for an additional cost of $145.00, provided all conditions of approval have been fulfilled and all required documents are submitted by 11:30 am that day; 7. Prior to the issuance of a building permit, if required, the applicant shall fulfil and comply with all of the above noted consent conditions; PLEASE NOTE: 1. That the payment of the Regional Development Charge is payable to the City of Vaughan before issuance of a building permit in accordance with the Development Charges Act and the Regional Development Charges By-law in effect at the time of payment. 2. That the payment of the City Development Charge is payable to the City of Vaughan before issuance of a building permit in accordance with the Development Charges Act and the City's Development Charges By-law in effect at the time of payment. 3. That the payment of the Education Development Charge is payable to the City of Vaughan before issuance of a building permit in accordance with the Development Charges Act and the Boards of Education By-laws in effect at the time of payment 4. That the payment of Special Area Development charge is payable to the City of Vaughan before issuance of a building permit in accordance with the Development Charges Act and The City's Development Charge By-law in effect at the time of Building permit issuance, if required, to the satisfaction of the Reserves/Capital Department; THAT Application Nos. A305/08 & A306/ CANADA INC., c/o ROYAL GROUP INC., ATTEN: MR. CORBET ELDER, be APPROVED, in accordance with the sketches attached and subject to the following conditions: 1. That the corresponding Consent Application File No. B043/08, be approved; 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 12 of 24

13 CONSENT & MINOR VARIANCE PUBLIC HEARING; Items 16 to 18 FILE NO. B048/08 APPLICANT: RAVIT HOLDINGS LIMITED Part of Lot 26, Concession 3, located at the North East quadrant of Keele St. and Teston Road, Maple. The subject lands are zoned M1, Restricted Industrial Zone, subject to Exception 9(1168) under By-law 1-88, as amended. The purpose of this application is to request the consent of the Committee of Adjustment to convey a parcel of land marked "A" on the attached sketch for the creation of a new lot, for industrial purposes, together with all required easements and right-of-ways, if required, and retain the lands marked B on the attached sketch for industrial purposes The subject and retained lands are currently vacant. FILE NUMBERS: A299/08 AND A300/08 APPLICANTS: PROPOSALS: RAVIT HOLDINGS LIMITED Part of Lots 26, Concession 3, located at the North East quadrant of Keele St. and Teston Road, Maple. The subject lands are zoned M1, Restricted Industrial Zone, subject to Exception 9(1168) under By-law 1-88, as amended. To facilitate consent application (B048/08 RETAINED/SUBJECT LANDS) creation of a lot for industrial purposes). A299/08: 1. To permit the creation of a lot not fronting on a public street. 2. To permit 0.0 m. lot frontage on a public street. 3. To permit an interior sideyard setback of 3.66 m. (southerly yard). 4. To permit parking spaces and areas to be located on an abutting lot. A300/08: 1. To permit a minimum rear yard setback of 3.66 m. 2. To permit a minimum of 93 parking spaces. 3. To permit parking spaces and areas to be located on an abutting lot (Section 3.8 a). A299/08: 1. A parcel of land must front on a public street. 2. A minimum lot frontage of 35 m. on a public street is required. 3. A minimum interior sideyard setback of 6 m. is required. 4. Parking spaces and areas must be located entirely on the lot upon which the building is erected. A300/08: 1. A minimum rear yard setback of 15 m. is required. 2. A minimum of 95 parking spaces are required. 3. Parking and spaces and areas are to be located on the lot on which the building is erected (Section 3.8 a). A request for decision was received from Ian Macleod, 50 Confederation Parkway, Vaughan, Ontario, L4K 4T8. Rosemarie Humphries appeared as the authorized agent, and had nothing to add to the requests. No one appeared in support of or in opposition to the request. There were no comments/objections from any Departments or Agencies, and any conditions are listed below. Page 13 of 24

14 THAT Application No. B048/08 - RAVIT HOLDINGS LIMITED, be APPROVED, in accordance with the sketch attached and subject to the following conditions: NOTE: All conditions below must be fulfilled and clearance letters must be received by the Secretary-Treasurer before any cheques can be accepted and Certificate of Official can be issued. 1. Payment to the City of Vaughan of a Tree Fee if required, approved by Council as of the date of granting the consent. Payment is to be made by certified cheque, to the satisfaction of the City of Vaughan (Reserves & Investments Department; contact Terry Liuni to have this condition cleared.) 2. That the owner shall pay all taxes as levied, if required, to the satisfaction of the Reserves & Investments Department. Payment shall be made by certified cheque; (contact Terry Liuni in the Reserves & Investments Department to have this condition cleared). 3. That the corresponding Minor Variances File Nos. A299/08, A300/08, be approved; 4. Upon fulfilling and complying with all of the above-noted conditions, the Secretary-Treasurer of the Committee of Adjustment must be provided with a letter and three (3) copies of a legal size (8.5 by 14 ) Schedule Page, in a format satisfactory to the Secretary-Treasurer, from the Applicant s solicitor confirming the legal description of the subject lands, sufficient for registration purposes the Schedule Page will be an attachment to the Certificate. Upon being satisfied with said legal description and upon all other conditions for the consent having been satisfied, the Secretary-Treasurer shall provide a Certificate of Official to the applicant in accordance with Section 53(42) of the Planning Act, R.S.O. 1990, as amended; 5. Submission to the Secretary-Treasurer of FOUR (4) white prints of a registered deposited reference plan of survey, showing the subject land which conforms with the application submitted and which shows the dimensions and areas of each part shown on the plan; 6. A fee of $ made payable to the Treasurer City of Vaughan shall, be submitted to the Secretary Treasurer for the issuance of the Certificate/stamping of the deeds. It will be necessary to allow up to three (3) working days after all conditions have been fulfilled and documentation filed. Same day service is also available for an additional cost of $145.00, provided all conditions of approval have been fulfilled and all required documents are submitted by 11:30 am that day; 7. Prior to the issuance of a building permit, if required, the applicant shall fulfil and comply with all of the above noted consent conditions; PLEASE NOTE: 1. That the payment of the Regional Development Charge is payable to the City of Vaughan before issuance of a building permit in accordance with the Development Charges Act and the Regional Development Charges By-law in effect at the time of payment. 2. That the payment of the City Development Charge is payable to the City of Vaughan before issuance of a building permit in accordance with the Development Charges Act and the City's Development Charges By-law in effect at the time of payment. 3. That the payment of the Education Development Charge is payable to the City of Vaughan before issuance of a building permit in accordance with the Development Charges Act and the Boards of Education By-laws in effect at the time of payment 4. That the payment of Special Area Development charge is payable to the City of Vaughan before issuance of a building permit in accordance with the Development Charges Act and The City's Development Charge By-law in effect at the time of Building permit issuance, if required, to the satisfaction of the Reserves/Capital Department; 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 14 of 24

15 THAT Application Nos. A299/08 & A300/08 - RAVIT HOLDINGS LIMITED, be APPROVED, in accordance with the sketches attached and subject to the following conditions: 1. That the corresponding Consent Application File No. B048/08, be approved; 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.) MINOR VARIANCE PUBLIC HEARING: Item 19 FILE NO. A298/08 APPLICANT: PROPOSAL: BRETT MITSUBATA Part of Lot 17, Concession 5, (Lot 151, Reg. Plan No. 65M-3498, municipally known as 47 Wheatfield Drive, Woodbridge). RV4, Residential Urban Village Zone Four, under By-law 1-88 subject to Exception 9(1019) The applicant is requesting variances to permit the maintenance of a home occupation use in an existing two storey single family detached dwelling, as follows: 1. A personal training business to be permitted as a home occupation. 2. Number of parking spaces proposed for residential parking and a home occupation at this location = 3 1. Permitted uses for home occupation are limited to the office of a regulated health professional. 2. Number of parking spaces required for residential parking and a home occupation at this location = 5 On November 4, 2008, the Development Planning Department sent the following comments; The Development Planning Department does not support Minor Variance Application A298/08. The Development Planning Department has reviewed the above-noted Application and provides the following comments. The subject lands are designated Low Density Residential by OPA #600 and are zoned RV4(WS) Residential Urban Village Zone Four by By-law 1-88, subject to Exception 9(1019). The applicant is requesting the following variances to the Zoning By-law: By-law 1-88 By-law Standard Requirement Proposed 1 Permitted Home Occupation Use Personal Regulated health Training professional business Minimum number of required parking 2 spaces for the proposed home occupation use 5 3 No other variances are requested. The requested variance to permit a personal training business as a home occupation does not meet the intent of the By-law. A personal training business is included within the definition of Health Centre under By-Law A Health Center use is permitted in certain Commercial and Employment Zones. The commercial nature of the proposed use, it is not considered appropriate in a Residential Zone. The Development Planning Department is of the opinion that the proposed use is not in keeping with the surrounding residential land uses. The requested variances are not considered to be minor in nature, not compatible with surrounding uses, and are not appropriate for the development of the subject lands. Furthermore, the application does not maintain the intent and purpose of the Zoning By-law. For these reasons, the Development Planning Department does not support Minor Variance Application A298/08. Page 15 of 24

16 On November 4, 2008, the applicant submitted a support letter signed by the following residents; Layla Elyassir, 39 Wheatfield Drive, Woodbridge, Ontario, L4H 2T4, Alesio Cicchelli, 20 Wheatfield Drive, Woodbridge, Ontario, L4H 2K7, Cosimo Camarda, 15 Wheatfield Drive, Woodbridge, Ontario, L4H 2K7, Anthony Persaud, 31 Wheatfield Drive, Woodbridge, Ontario, L4H 2K7, Lara Cristini, 23 Wheatfield Drive, Woodbridge, Ontario, L4H 2K7, Alicie Banach, 32 Wheatfield Drive, Woodbridge, Ontario, L4H 2K7, Gorcharan Sidhu, 36 Wheatfield Drive, Woodbridge, Ontario, L4H 2T4, Can Ha, 35 Wheatfield Drive, Woodbridge, Ontario, L4H 2T4, Charlie Spano, 19 Wheatfield Drive, Woodbridge, Ontario, L4H 2K7, Gilson Eduardo, Rossana Lopez, Lorena Eduardo, 11 Wheatfield Drive, Woodbridge, Ontario, L4H 2K7, D. Colalillo, 43 Wheatfield Drive, Woodbridge, Ontario, L4H 2T4, Gerry Audal, 44 Wheatfield Drive, Woodbridge, Ontario, L4H 2T4, Clara De Simone, 48 Wheatfield Drive, Woodbridge, Ontario, L4H 2T4. A letter of opposition with a request for decision was received from Mario Jorge Da Silva, 40 Wheatfield Drive, Woodbridge, Ontario, L4H 2T4. Daniel Belli, 35 Burnhaven Avenue, Maple, Ontario, L6A 2P2, appeared with the Brett Mitsubata, the owner, giving a brief submission and submitted photos of the property. The Committee suggested the application be adjourned and that the applicant speak to the Development Planning Dept. about their comments. No one appeared in support of or in opposition to the request. THAT Application No. A298/08 BRETT MITSUBATA, be ADJOURNED, to the NOVEMBER 27, 2008 MEETING. Item 20 FILE NO. A301/08 APPLICANT: PROPOSAL: LAURIE ROSEN Part of Lot 34, Concession 1, (Lot 96, Registered Plan 65M-3195, municipally known as 180 Langtry Place, Thornhill) The subject lands are zoned R1, Residential Zone One and subject to the provisions of Exception 9(972) under By-law 1-88 as amended. To permit the maintenance of an existing shed, located at the rear of an existing two-storey single family detached dwelling. 1. To permit an accessory building with a building height of 3.17 metres. 1. A maximum building height of 2.5 metres is permitted for an accessory building. Jason Rosen, husband of Laurie Rosen, appeared and had nothing to add to the request. No one appeared in support of or in opposition to the request. There were no comments/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. A301/08 LAURIE ROSEN, be APPROVED, in accordance with the sketch attached. Page 16 of 24

17 MINOR VARIANCE PUBLIC HEARING: Item 21. FILE NO. A302/08 APPLICANTS: GIUSEPPE SPAGNUOLO & LAUNA DIPERNA Part of Lot 16, Concession 8, (Lot 105, Registered Plan 65M-3423, municipally known as 73 Cachet Hill Crescent, Woodbridge) The subject lands are zoned RV3, Residential under By-Law 1-88 as amended and further subject to exception 9(988). During the applicants submission it was agreed to amend the Application, Sketch, and Notice of Application by amending the following: Proposal: 1) A minimum rear yard setback of 0.6m, NOT 0.0m to the deck. 2) A minimum interior sideyard setback of 0.6m NOT 0.0m to the deck. 3) A minimum rear yard setback of 0.6m NOT 0.4m to the pool equipment. 4) A minimum interior sideyard setback of 0.6m NOT 0.4m to the pool equipment. PROPOSAL: To permit the continued construction of a pool deck and stairs for an above ground pool, located in the rear yard of an existing two-storey single family detached dwelling. 1) A minimum rear yard setback of 0.6m to the deck. 2) A minimum interior sideyard setback of 0.6m to the deck. 3) A minimum rear yard setback of 0.6m to the pool equipment. 4) A minimum interior sideyard setback of 0.6m to the pool equipment. 1) A minimum rear yard setback of 5.7 to the deck. 2) A minimum interior sideyard setback of 1.2 to the deck. 3) A minimum rear yard setback of 6m to the pool equipment. 4) A minimum interior sideyard setback of 1.2m to the pool equipment. The applicants submitted a support petition signed by the following residents; Maria Durante, 67 Cachet Hill Cres., Woodbridge, Ontario, L4H 1S6; Nadia & Carlos Pandeirada, 77 Cachet Hill Cres., Woodbridge, Ontario, L4H 1S6; Tony Vecchiarelli, 75 Noble Prince Place, Woodbridge, Ontario, L4H 1S5; Zvonko Mavrin, 81 Cachet Hill Cres., Woodbridge, Ontario, L4H 1S6; Anna Acocella, 89 Cachet Hill Cres., Woodbridge, Ontario, L4H 1S6; Richard Chen, 63 Cachet Hill Cres., Woodbridge, Ontario, L4H 1S6. On November 6, 2008, the Development Planning Department sent the following comments; The Development Planning Department has no objection to the request variance of the reduced interior side yard setback to the pool equipment in Minor Variance Application A302/08. However, this Department does not support the requested reduction in the minimum interior side yard and rear yard setback of the wooden pool deck. The Development Planning Department has reviewed the above-noted Application and provides the following comments. The subject lands are designated Low Density Residential by OPA #600 and are zoned RV3 Residential Zone Three by By-law 1-88, subject to Exception 9(988). The applicant is requesting the following variances to the Zoning By-law to permit the maintenance of a wood pool deck for an above ground pool and pool equipment as follows: By-law 1-88 By-law Standard Requirement Proposed 1 Minimum rear yard setback (deck) 5.7 m 0 m 2 Minimum interior side yard (deck) 1.2 m 0 m 3 Minimum rear yard setback to pool equipment 6 m 0.4 m 4 Minimum interior side yard to pool equipment 1.2 m 0.4 m No other variances are requested. A site visit was conducted on November 5, 2008, which includes photo documentation of the existing wood pool deck, above ground pool and pool equipment and the following was noted. The existing deck prominently surrounds the east side of the above ground pool and is used to access the pool. Photos of the pool equipment were also taken. The applicant has noted that the reason for building the deck in this location is for access and safety around the pool. This department has taken a position based on a land use planning perspective. Page 17 of 24