The Minutes of the 10th.Meeting of the Vaughan Committee of Adjustment for the year 2010 THURSDAY, MAY 27, :00p.m.

Transcription

1 The Minutes of the 10th.Meeting of the Vaughan Committee of Adjustment for the year 2010 THURSDAY, MAY 27, 2010 Present at the meeting were: 6:00p.m. J. Cesario Vice Chair S. Krcmar M. Mauti M. S. Panicali Members of Staff present: Todd Coles, Secretary-Treasurer Lenore Providence, Assistant to the Secretary-Treasurer Erika Ivanic, Planner Marie Kennedy, Plans Examiner INTRODUCTION OF ADDENDUM REPORTS MOVED by M. Mauti That the addendum reports be incorporated into the minutes and be on view at the back of the room in the Report Book. CARRIED DISCLOSURE OF PECUNIARY INTEREST None. ADOPTION OR CORRECTION OF MINUTES MOVED by M. Mauti THAT the minutes of the Committee of Adjustment Meeting of Thursday, MAY 13, 2010, be adopted as circulated. CARRIED ADJOURNMENTS AND/OR DEFERRALS On May 18, 2010, Harry Froussios, the agent, ed the request that Item # 15, File No. A111/ ONTARIO LIMITED be adjourned to the JUNE 24, 2010 meeting as per the Development Planning Department s recommendation. On May 21, 2010, Sarah Baltare, the agent, ed the request that Item # 27, File No. A126/10 VINCE AND RITA MARIANI be adjourned to the JUNE 10, 2010 in order to allow for the re-circulation of the application. On May 27, 2010, an was received from Anthony Romanelli, the agent, requesting that Item #13, File No. B029/10 YORK MAJOR HOLDINGS INC. be MOVED UP IN PRIORITY ON THE AGENDA, as he is chairing a condominium board turnover meeting in Richmond Hill this evening. On May 27, 2010, an was received from Daniel Belli, the agent, requesting that Item #25, File No. A124/10 FIUGGI HOLDINGS CORP. be HEARD EARLY ON IN THE AGENDA, as he has a conflict and needs to attend another meeting. On May 27, 2010, prior to the commencement of the hearing, a letter was received from Mr. and Mrs. DeFacendis, the applicants, requesting that Item # 11, File No. A102/10 PASQUALE AND ADELLINA DE FACENIS, be MOVED UP ON THE AGENDA, as they have another commitment later this evening. MOVED by M. Mauti THAT Item # 15, File No. A111/ ONTARIO LIMITED be adjourned to the JUNE 24, 2010 meeting. THAT Item # 27, File No. A126/10 VINCE AND RITA MARIANI be adjourned to the JUNE 10, 2010 meeting. THAT Item #13, File No. B029/10 YORK MAJOR HOLDINGS INC. be HEARD FIRST. Page 1 of 24

2 ADJOURNMENTS AND/OR DEFERRALS THAT Item #25, File No. A124/10 FIUGGI HOLDINGS CORP. be HEARD FIRST. THAT the remainder of the items be HEARD IN THE ORDER THEY WERE SCHEDULED. ADMINISTRATIVE CORRECTIONS NONE CONSENT PUBLIC HEARING: Item # 1 FILE NUMBER: B029/10 YORK MAJOR HOLDINGS INC. Part of Lot 22 to 24, Concession 3, (municipally known as 200 McNaughton Road, Maple). The subject lands are zoned M2(H), General Industrial Zone with a hold; M2, General Industrial Zone and subject to the provisions of exception 9(1097) under By-law 1-88 as amended; The retained lands are zoned M1, Restricted Industrial Zone; M2 General Industrial; OS1 Open Space Conservation Zone and subject to the provisions of exception 9(1097). The purpose of this application is to request the consent of the Committee of Adjustment to grant a Mortgage or Charge on the lands for industrial purposes, and retain lands for industrial purposes. There is one industrial building existing on the subject lands. The retained lands are currently vacant. BACKGROUND INFORMATION: Other Planning Act Applications The land which is the subject in this application was also the subject of another application under the Planning Act: Plan of Subdivision 19T-05V05 Anthony Romanelli, the agent appeared on behalf of the applicant. There were no comments/objections from any Departments or Agencies and any conditions requested are listed below. THAT Application No. B029/10 - YORK MAJOR HOLDINGS 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 & Investments Department. Payment shall be made by certified cheque; (contact Terry Liuni in the Reserves & Investments Department to have this condition cleared). 2. 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; 3. 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; Page 2 of 24

3 CONSENT PUBLIC HEARING: Item 1. FILE NUMBER: B029/10 YORK MAJOR HOLDINGS INC. 4. 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; 5. 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; Item# 2 FILE NUMBER: A124/10 FIUGGI HOLDINGS CORP. Part of Lot 25, Concession 5, (Block 69, Registered Plan No. 65M-3903, municipally known as 601 Cityview Blvd., Woodbridge.) The subject lands are zoned EM1, Prestige Employment Area Zone under By-Law 1-88 as amended and further subject to Exception 9(1222). PROPOSAL: REQUIREMENT: BACKGROUND INFORMATION: The applicant is requesting a variance to permit the construction of additional parking spaces within the landscape strip, and loading spaces not provided, to an existing two storey building, as follows: 1. Minimum landscape strip 8.0m. 2. No loading spaces provided. 1. Minimum landscape strip 9.0m. 2. Minimum 2 (two) loading spaces required. The land which is subject to this application is/was also the subject of another application under the Planning Act: Site Plan Agreement File No. DA registered September 13, 2007, as per applicant. By-law No PASSED October 13, 2009 that Balda Court on Plan No. 65M-3903, be stopped-up and closed. Page 3 of 24

4 Item 2. FILE NUMBER: A124/10 FIUGGI HOLDINGS CORP. Daniel Belli, the agent appeared on behalf of the applicant. The Ministry of Transportation made the following written comments: All structures essential to the site must be setback a minimum of 14.0 metres from the property line or future property limits. This is for all above and below ground structures including but not limited to utilities, fire routes, essential parking, etc.. The ministry has no concerns with putting temporary parking with a reduced setback of 8.0 metre as long as the 19 spaces are not needed in order to comply with the Municipal bylaws. The location of the existing fence shall not change. Please advise the property owner that facilities within the 14.0 m setback may be lost in the future and will not be financially compensated for any improvements made should the ministry require this property for Highway improvements. The attached picture shows signs that have been erected on the property without the required Ministry of Transportation Sign Permits. Please have the owner contact the ministry in order obtain the required permits. There were no other comments/objections from any Departments or Agencies and any conditions requested are listed below: The Committee is of the opinion that the variances sought can be considered minor and are desirable for the MOVED by M. Mauti THAT Application No. A124/10 - FIUGGI HOLDINGS CORP, be APPROVED, in accordance with the sketch attached and subject to the following conditions: 1. That the related Site Development Application (File DA ) be approved by the City, to the satisfaction of the Development 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.) (Previously Adjourned From January 14, 2010, February 11, 2010 & March 11, 2010 Meetings) Item# 3. FILE NUMBER: A022/10 PROPOSAL: REQUIREMENTS: BATHURST CONTWO Part of Lot 14, Concession 2, (Lot 50 Left, Reg. Plan No. 65M-3808, municipally known as 317 Bathurst Glen Drive, Thornhill). The subject lands are zoned RV4, Residential Urban Village Zone Four and subject to the provisions of Exception 9(1063) under By-law 1-88 as amended. The applicant is requesting variances to permit the construction of a semi-detached dwelling as follows: 1. To permit a front yard setback of 2.36 metres to a garage. 2. To permit a driveway to cross a sight triangle. 1. A minimum front yard setback of 5.8 metres is required to a garage. 2. A driveway is not permitted to cross a sight triangle. Page 4 of 24

5 (Previously Adjourned From January 14, 2010, February 11, 2010 & March 11, 2010 Meetings) Item 3. FILE NUMBER: A022/10 BATHURST CONTWO There was no one in attendance to represent the applicant. The Building Standards Department made the following written comments: Please note that this lot is within the R1V zone and is therefore subject to Interim Control By-law and amending By-law The applicant shall be advised that a proposed dwelling within the R1V zone that exceeds 500 square metres in gross floor area will require an exemption from the Interim Control By-law. For information regarding the interim control By-law please contact the Development Planning department at The Development Planning Department made the following written comments: The Development Planning Department is of the opinion that the proposed front yard setback of 8.82 m, whereas m is required, does not meet the intent and purpose of the zoning by-law. The requested variance represents a reduction of over 50% to the minimum By-law standard and could establish an undesirable precedent for the minimum front yard setback on Erica Road. To date, there have been only 3 minor variances with reductions permitted to the front yard setback standard on Erica Road, being granted at m, m and 9.21 m. The smallest front yard setback of 9.21 m was granted to the adjacent lot to the south of the subject lands because of its size and shallow lot depth and was noted that the home has an inset garage into the building. The reduced front yard setback, if approved, will impact the character of the street and will adversely impact the neighboring property to the north. Erica Road is located in an older, unique and well established area of Thornhill with larger homes on large lots. Many homes within the neighbourhood have gone through significant renovations and façade upgrades. The subject lands are in the process of being renovated. A front addition has been added to the structure which consists of an extension of a ground floor bedroom and a conversion of the inset garage to an office space, mud room and other space and as well as an addition to the front of the existing building of a large 2 storey protruding garage with an upper recreation room. The proposed 2 storey garage addition/recreation room would be set forward approximately 12.5 m from the face of the adjacent dwelling to the north, thereby altering the relationship between the two buildings. The properties situated on Erica Road are for the most part in alignment with one another with respect to front yard setback. This characteristic has not changed despite the fact that several houses have been subject to significant renovations. The proposed 2 storey garage addition/recreation room extends far more forward than with any other home on the west side of Erica Road. The Development Planning Department is of the opinion that the projection of such a large addition affects the line of sight for the adjacent property causing a visual impact and safety concerns for the neighboring property to the north of the subject lands. The proposed garage design, which includes a lower level accessed by a depressed driveway in the front yard will introduce the first depressed driveway onto the street and will set a precedent in the area. The Engineering Department discourages the use of reverse grade driveways due to flooding factors and safety issues and is currently drafting policies and a by-law for Council s consideration which if approved may prohibit such driveways. The proposed setback in addition to its garage design would alter the character of the street, therefore the Development Planning Department cannot support the requested variance of 8.82 m for a front yard setback as it is not considered to represent good design and would be incompatible with the general rhythm and pattern on this well established street. The Development Planning Department advises the applicant that the proposed development is subject to Interim Control By-laws and which does not permit the construction of residential dwellings larger than 500 m 2. The applicant is advised that a building permit will not be issued until the Interim Control By-laws are lifted or the applicant obtains exemption from the Interim Control By-law by filing a Zoning Amendment Application with the Development Planning Department. The Development Planning Department does not support the reduced minimum front yard setback and has no objection to the variance for a reduced minimum interior side yard setback in Minor Variance Application A022/09. The Engineering Department made the following written comments Originally in comments dated January 2009, Engineering Department supported the application, however, the most recent comments dated December 23, 2009, reads as follows: The Engineering Department cannot support this application because the proposed driveway location crosses a daylight sight triangle at the intersection of a municipal road allowance which is not permitted. Page 5 of 24

6 (Previously Adjourned From January 14, 2010, February 11, 2010 & March 11, 2010 Meetings) Item 3. FILE NUMBER: A022/10 BATHURST CONTWO There were no new comments/objections from any Departments or Agencies. THAT Application No. A022/10, BATHURST CONTWO, be STOOD DOWN to give the agent time to arrive. (Previously Adjourned From The April 15, 2010 & May 13, 2010 Meetings) Item# 4. FILE NUMBER: A080/10 YORK CATHOLIC DISTRICT SCHOOL BOARD Part of Lot 19, Concession 6, (Block 165, Registered Plan No.65M-3592, municipally known as 171 Maria Antonia Road, Woodbridge.) The subject lands are zoned RV4, Residential, under By-law 1-88, as amended. The applicant is requesting variances to permit the construction of ten portable classrooms/ porta-pac to an existing two storey school, as follows: PROPOSAL: 1. To permit a minimum rear yard setback of 7.3 m. 2. To permit a maximum lot coverage of 22%. REQUIREMENTS: BACKGROUND INFORMATION: 1. A minimum rear yard setback of 15 m is required to an institutional use. 2. A maximum lot coverage of 20% is permitted. The land which is subject to this application is/was also the subject of another application under the Planning Act: Site Development File No. DA Approved September 12, Minor Variance Application File No. A370/06 Approved August 31, 2006 to permit a private daycare within the school. Both J.B. Eldridge from the YCDSB and David Ecclestone, the agent, appeared and gave a lengthy submission regarding the request. Mr. Ecclestone submitted drawings illustrating depicting what they currently have approval for and their propsed port-a-pac senario. Paul De Buono, 1 George Gale Rd., Woodbridge, Ontario, L4H 2S7, appeared in support. During his submission Mr. De Buono submitted over two hundred letters of support from parents with children who attend the school. Rick Florio, 529 Fossil Hill Rd., Woodbridge, Ontario, L4H 2S8, appeared in opposition No one else appeared before the Committee in support of or in opposition to the request. An was received May 27, 2010 from Joe Fusaro, 166 Maria Antonia Road, Woodbridge, Ontario, L4H 2S8, expressing traffic congestion concerns. New requests for decision were received from Joe Florio, 529 Fossil Hill Rd., Woodbridge, Ontario, L4H 2S8; J.B. Eldridge, York Catholic District School Board, 320 Bloomington Road, West, Aurora, Ontario, L4G 0M1 and Paul De Buono, 1 George Gale Rd., Woodbridge, Ontario, L4H 2S7; During the discussions between the Committee, Mr. J.B. Eldridge, Mr. Ecclestone, Mr. De Buono and Mr. Florio, the Committee acknowledged that traffic congestion and by-law enforcement were the main concerns. Although another school has been approved, the date of construction can not be determined at this time. There were discussions about the effectiveness of including a condition that limits the approval to a three year period. Page 6 of 24

7 (Previously Adjourned From The April 15, 2010 & May 13, 2010 Meetings) Item 4. FILE NUMBER: A080/10 YORK CATHOLIC DISTRICT SCHOOL BOARD There were no new comments/objections from any Departments or Agencies and any conditions requested are listed below. The Committee is of the opinion that the variances sought can not 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. MOVED by M. Mauti No Seconder THAT Application No. A080/10, YORK CATHOLIC DISTRICT SCHOOL BOARD, be REFUSED. FAILED TO CARRY. MOVED for discussion by S. Krcmar Seconded by M. S. Panicali There were more discussions about the effectiveness of putting on a condition that limits the approval for a three year period. The Committee is of the opinion that the variances sought can be considered minor and are desirable for the THAT Application No. A080/10 - YORK CATHOLIC DISTRICT SCHOOL BOARD, be APPROVED, in accordance with the sketches attached, subject to the following: 1) Approval of the variances shall expire on May 27, M. Mauti, opposed the decision for the above YORK CATHOLIC DISTRICT SCHOOL BOARD application. (Previously Adjourned From January 14, 2010, February 11, 2010 & March 11, 2010 Meetings) Item 3. FILE NUMBER: A022/10 BATHURST CONTWO There was no one in attendance to represent the applicant. Seconded by M. Mauti THAT Application No. A022/10, BATHURST CONTWO, be ADJOURNED SINE DIE. Page 7 of 24

8 (Previously Adjourned From April 29, 2010 Meeting) Item# 5. FILE NUMBER: A084/10 GINA GALLUCCI Part of Lot 24, Concession 4, (Part of Lot 210, Registered Plan No. 65M-3449, municipally known as 78 Blackthorn Drive, Maple). The subject lands are zoned RV4, Residential under By-Law 1-88 as amended and further subject to exception 9(1002). PRIOR the applicants submission it was agreed to amend the Application, Sketch, and Notice of Application by amending the following: Maximum driveway width of 5.5m NOT Maximum driveway width of 6.2m. PROPOSAL: REQUIREMENT: THEREFORE, the applicant is requesting a variance to permit the maintenance of a widened driveway of a two storey semi-detached dwelling as follows: 1) Maximum driveway width of 5.5m. 1) Maximum driveway width of 3.75m. Gina Gallucci, the applicant appeared on her own behalf and told the Committee that she amended the application prior to the hearing on May 14, 2010, reducing the width of the driveway. There were no new correspondence received from the public. There were no new requests for decision received. The Building Standards Department made the following written comments: March 25, A permit is required for the driveway widening through the Public Works Department. March 17, Portion of lot labeled raised interlocking to be used for landscaping only, should vehicular access be possible to the raised interlocking area it shall be deemed to be part of the driveway width. A permit is required for the driveway widening through the Public Works Department. May 12, A permit is required for the driveway widening through the Public Works Department. Removed driveway portion is to be replaced by area labeled landscaping. The Development Planning Department made the following written comments: Originally Development Planning, did not support the application. However, on May 18, 2010, revised comments in support of the application were received. The Engineering Department made the following written comments: A site visit was initially conducted on April 13, 2010 by Engineering Department staff in response to the application to widen the driveway. There are also existing boulevard items (tree) that would be adversely impacted by the proposed widening. The Engineering Department cannot support this application because the widened driveway is not in conformity with By-Law 1-88 (as amended by By-Law ). With a Lot Frontage 7.70 m, a maximum driveway width of 3.75 m (measured at the street curb) is permitted. Also, the driveway location must be a minimum 1.0 m clear of any objects (i.e. trees, hydrants) as per City of Vaughan Engineering Design Criteria. There were no other comments/objections from any Departments or Agencies and any conditions requested are listed below. The Committee is of the opinion that the variance sought can be considered minor and is desirable for the Seconded by M. Mauti Page 8 of 24

9 (Previously Adjourned From April 29, 2010 Meeting) Item 5. FILE NUMBER: A084/10 GINA GALLUCCI THAT Application No. A084/10 - GINA GALLUCCI, be APPROVED, as AMENDED, in accordance with the attached sketches, subject to the following conditions; 1. That the interlocking bricks be formally separated from the existing driveway, if required, to the satisfaction of the Development 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.) (Previously Adjourned From May 13, 2010 Meeting) Item# 6. FILE NUMBER: A087/10 PROPOSAL: REQUIREMENT: RAYMOND FABRIZI Part of Lot 2, Concession 2, (Lot 161, Registered Plan No. M-1925, municipally known as 53 Hetherington Crescent, Thornhill). The subject lands are zoned R3, Residential Zone Three and subject to the provisions of Exception 9(466) under By-law 1-88 as amended. The applicant is requesting variances to permit the maintenance of covered and uncovered decks as follows: 1. To permit a minimum rear yard setback of 7.3 metres to a covered deck 2. To permit a minimum interior side yard setback of 0.3 metres to an uncovered deck. 3. To permit a minimum rear yard setback of 4.3 metres to an uncovered deck. 4. To permit a minimum interior side yard setback of 0.3 metres to an architectural or design element (Trellis). 1. A minimum rear yard setback of 7.5 metres is required to a covered deck. 2. A minimum interior side yard setback of 1.2 metres is required to an uncovered deck. 3. A minimum rear yard setback of 5.7 metres is required to an uncovered deck. 4. A minimum interior side yard setback of 2.9 metres is required to an architectural or design element (Trellis). Raymond Fabrizi, the applicant appeared on his own behalf and gave a lengthy submission regarding the request and submitted photographs and drawings illustrating the stages of construction of the deck and drainage flow. There were discussions between the Committee and Mr. Fabrizi. There were no new 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 THAT Application No. A087/10, RAYMOND FABRIZI, be APPROVED, in accordance with the attached sketch Page 9 of 24

10 (PREVIOUSLY ADJOURNED FROM THE April 29, 2010 & MAY 13, 2010 MEETINGS) Item# 7. FILE NUMBER: A096/10 APPLICANTS: JOSE & MARIA DE FREITAS Part of Lot 23, Concession 5, (Lot 103, Registered Plan No. 65M-3899, municipally known as 223 Venice Gate Drive, Woodbridge). The subject lands are zoned RS1, Residential under By-Law 1-88 as amended and further subject to exception 9(1224). The applicants are requesting variances to permit the maintenance of a widened driveway and existing shed as follows: PROPOSAL: 1) Max area of shed 8.6m 2. 2) Max height of shed 2.612m. 3) Minimum rear yard setback to shed m 4) Minimum sideyard setback to shed 0.5m 5) Maximum driveway width 6.1m. REQUIREMENT: 2) Max area of shed 6m 2. 3) Max height of shed 2.5m. 4) Minimum rear yard setback to shed 7.5m. 5) Minimum sideyard setback to shed 1.2m. 5) Maximum driveway width 3.75m. Pedro De Freitas, the agent appeared on behalf of the applicant gave a brief submission regarding the request. There were no new requests for decision received. During the discussions between the Committee and Mr. DeFreitas, the Committee suggested and it was agreed, to adjourn the application in order for Mr. Defreitas, to amend his application and submit revised drawing illustrating the walkway raised 0.10m to.15m (4 to 6 ). There were no new comments/objections from any Departments or Agencies. THAT Application No. A096/10, JOSE & MARIA DE FREITAS, be ADJOURNED, to the June 10, 2010 meeting, to allow time for the application to be amended and the sketch be changed to show the walkway raised. Item# 8. FILE NUMBER: A102/10 PASQUALE AND ADELLINA DE FACENDIS Part of Lot 19, Concession 2, (Lot 79, Registered Plan No. 65M-3985, municipally known as 23 Nosson Place, Maple). The subject lands are zoned RD2,Residential Detached Zone Two and subject to the provisions of Exception 9(1231) under By-law 1-88 as amended. During the applicant s submission the Applicant amended the Application, Sketch and Notice of Application by DELETING the following: 2) To permit a side yard setback of 0.3 metres to the side yard deck Page 10 of 24

11 (PREVIOUSLY ADJOURNED FROM THE MAY 13, 2010 MEETING) Item 8. FILE NUMBER: A102/10 PASQUALE AND ADELLINA DE FACENDIS PROPOSAL: REQUIREMENTS: To permit the construction of a proposed rear yard and side yard decks and the maintenance of an existing air conditioning unit. 1) To permit a rear yard setback of 3.5 metres to a deck. 2) To permit a side yard setback of 0.3 metres to the side yard deck. 3) To permit a side yard setback of 0.3 metres to an A/C unit. 1) A minimum rear yard setback of 5.7 metres is required to a deck. 2) A minimum side yard setback of 1.2 metres is required to a deck. 3) A minimum side yard setback of 1.2 metres is required to an A/C unit. Pasquale DeFacendis the applicant appeared on his own behalf and told the Committee that he decided to further amend the application by removing the side deck from the application. The applicant submitted a petition in support of the application from the following people: James Lui 37 Nosson Place, Maple, Ontario, L6A 0Z7; Abdollah Nouri, 53 Nosson Place, Maple, Ontario, L6A 0Z7; Behrooz Taghizadegan, 49 Nosson Place, Maple, Ontario, L6A 0Z7; Li Pang, 43 Nosson Place, Maple, Ontario, L6A 0Z7; Ben Daniel, 37 Nosson Place, Maple, Ontario, L6A 0Z7; Moshe Malka, 11 Nosson Place, Maple, Ontario, L6A 0Z7; Fred Pourtaheri, 1 Nosson Place, Maple, Ontario, L6A 0Z7; Alireza Nadi, 71 chaya Sara Gardens, Maple, Ontario, L6A 0Z7 There were no new requests for decision received. There were no new 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 THAT Application No. A102/10, PASQUALE AND ADELLINA DE FACENDIS, be APPROVED, as amended, in accordance with the attached sketch. Item# 9. FILE NUMBER: A103/10 PROPOSAL: REQUIREMENT: KEVIN AND PAMELA O GRADY Part of Lot 19, Concession 2, (Part of Block 202, Registered Plan No. 65M-3985, municipally known as 68 Mill River Drive, Thornhill). The subject lands are zoned RD3 Residential Detached Zone Three and subject to the provisions of Exception Number 9(1275) under By-Law 1-88 as amended. To permit the construction of a proposed wooden deck at the rear of an existing two storey single family detached dwelling. 1) To permit a minimum rear yard setback of 2.5 metres to a deck and stairs. 1) A minimum rear yard setback of 5.7 metres is required to a deck and stairs. John Whitehead, the agent appeared on behalf of the applicant and gave a brief submission regarding the request. Prior to the hearing, John Whitehead, the agent, ed an amended sketch addressing Engineering Department s concerns. Page 11 of 24

12 (PREVIOUSLY ADJOURNED FROM THE MAY 13, 2010 MEETING) Item# 9. FILE NUMBER: A103/10 KEVIN AND PAMELA O GRADY During the discussions between the Committee, Mr. Whitehead and the Secretary-Treasurer, the Secretary-Treasurer, confirmed that the Engineering Department had seen the revised drawing and had communicated to staff they had no objection to the application as amended if the Committee found merit in the application. The Committee suggested and it was agreed after speaking with Building Staff, that a condition regarding erecting a privacy lattice be added to the decision. The Engineering Department made the following written comments: May 18, The Engineering Department would have no objections to this application if the owner confirms that the deck footings will be 0.6m from the property line and the wood deck will be open underneath. (minimum 100mm clearance). There were no other new comments/objections from any Departments or Agencies and nay conditions requested are listed below. The Committee is of the opinion that the variance sought can be considered minor and is desirable for the MOVED by S. Krcmar Seconded by M. S. Panicali THAT Application No. A103/10 KEVIN AND PAMELA O GRADY, be APPROVED, in accordance with the attached sketch, subject to the following conditions: 1. A privacy screen shall be installed on the deck with a minimum height of 1.68m (5½ ) and extend a minimum of 1.52m (5 ) from the dwelling, if required, to the satisfaction of the Development 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.) Item# 10 FILE NUMBER: A110/10 YORK REGION DISTRICT SCHOOL BOARD Part of Lot 19, Concession 5, (Block 96, Registered Plan No. 65M-3517 and Block 230, Registered Plan No. 65M-3498, municipally known as 115 Starling Boulevard, Woodbridge). The subject lands are zoned RV4, (WS) Residential Urban Village Four Zone under By-Law 1-88 as amended and further subject to Exception 9(1019). To permit the construction of four (4) proposed single portables. PROPOSAL: 1) Minimum side yard setback (north) 4m. REQUIREMENTS: 1) Minimum side yard setback (north) 15m. Salvatore Iurato, the agent appeared on behalf of the applicant. There were no comments/objections from any Departments or Agencies and any conditions requested are listed below. The Committee is of the opinion that the variance sought can be considered minor and is desirable for the Page 12 of 24

13 Item 10. FILE NUMBER: A110/10 YORK REGION DISTRICT SCHOOL BOARD THAT Application No. A110/10 YORK REGION DISTRICT SCHOOL BOARD, be APPROVED, in accordance with the attached sketch and subject to the following conditions; 1. That the applicant submit the variance application fee of $350 payable to the Toronto & Region Conservation Authority, if required, to the satisfaction of the Toronto & Region Conservation Authority; 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.) Item# 11. FILE NUMBER: A114/10 ROBERT VIGNA Part of Lot 12, Concession 8, (Lot 15, Registered Plan No. 65M-2604, municipally known as 46 Cromdale Ridge, Woodbridge) The subject lands are zoned R1, Residential under By-law 1-88 subject to Exception 9(443) as amended. The applicant is requesting a variance to permit the maintenance of an existing two storey single family detached dwelling, with attached garage as follows: PROPOSAL: 1. Minimum interior side yard setback = 1.24m REQUIREMENTS: BACKGROUND INFORMATION: 1. Minimum interior side yard setback = 1.5m. The land which is subject to this application is/was also the subject of another application under the Planning Act: Minor Variance File No. A155/09 Appr. July 9, 2009 with condition that porch/cold cellar remain uncovered & unenclosed. (Front yard setback of 4.9m, Lot coverage of 31.39%. Mario Vigna, the agent appeared on behalf of the applicant. 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 THAT Application No. A114/10, ROBERT VIGNA, be APPROVED, in accordance with the attached sketch Page 13 of 24

14 Item# 12 FILE NUMBER: A115/10 APPLICANTS: PROPOSAL: REQUIREMENT: DAN & TERESA BONANNI Part of Lot 25, Concession 2, (Lot 197, Registered Plan No. 65M-3916, municipally known as 190 Lady Fenyrose Avenue, Maple) The subject lands are zoned RD1 Residential Detached Zone One and subject to the provisions under By-Law 1-88 as amended. The applicants are requesting variances to permit the construction of a widened driveway of an existing two storey single family detached dwelling, with attached garage as follows: 1. To permit a maximum driveway width of 9.0 metres measured at the curb. 1. A maximum driveway width of 6.0 metres is permitted at the curb. Dan and Teresa Bonanni, the applicants, appeared on their own behalf. A request for decision was received from Shannon Horgan, 172 Fenyrose Avenue, Maple, Ontario, L6A 0C9. The Building Standards Department made the following written comments: A building permit has not been issued. Please note the front yard shall be comprised of a minimum 50% landscaping. A minimum 60% of that the 50% shall be soft landscaping. There were no other comments/objections from any Departments or Agencies and any conditions requested are listed below. The Committee is of the opinion that the variance sought can be considered minor and is desirable for the Seconded by M. Mauti THAT Application No. A115/10 - DAN & TERESA BONANNI, be APPROVED, in accordance with the attached sketch, subject to the following conditions; 1. The subdivision is not assumed by the City and the applicant shall provide a letter of approval from the Developer and/or Builder for the proposed curb cut, to the satisfaction of the Engineering Department prior to obtaining a curb cut permit, 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 14 of 24

15 Item# 13. FILE NUMBER: A116/10 VICKIE DODARO Part of Lot 13 Concession 4,(Reference Plan No. 65R municipally known as 8888 Keele Street, Unit 21, Concord.) The subject lands are zoned EM1, Prestige Employment Area Zone under By-Law 1-88 as amended. PROPOSAL: REQUIREMENT: BACKGROUND INFORMATION: The applicant is requesting a variance to permit the construction of a second level addition within Unit #21 to an existing one storey multi unit building, as follows: 1. Minimum parking spaces provided 102 spaces. 1. Minimum parking spaces required 108 spaces. The land which is subject to this application is/was also the subject of another application under the Planning Act: Minor Variance Application: File No. A053/10, Unit #22 APPROVED FEBRUARY 25, 2010, for parking spaces. File No. A237/08, Unit #24 APPROVED SEPTEMBER 25, 2008 for a 2 nd. personal service shop. File Nos. A061/06 APPROVED MARCH 9, 2006 for the construction of the one storey condominium development with respect to maneuvering areas, entrances and exits and mutual driveway width. File Nos. A290/06 APPROVED AUGUST 10, 2006 for the interior side yard to the building. Frank Dodaro, the agent appeared on behalf of the applicant. There were discussions between the Committee and Mr. Dodaro. 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 Seconded by M. Mauti THAT Application No. A116/10, VICKIE DODARO, be APPROVED, in accordance with the attached sketch Item# 14. FILE NUMBER: A117/10 PROPOSAL: DR. JEREMY & MRS. JOANNE FRANK Part of Lot 23, 24 Concession 2, (Lot 18, Registered Plan No. 65M-4018, municipally known as 16 McCombe Lane, Maple.) The subject lands are zoned RD3 Residential Detached Zone Three and subject to the provisions under By-Law 1-88 as amended. The applicant is requesting variances to permit the maintenance of an inground pool, pool equipment, and cabana, as follows: 1. To permit a minimum rear yard setback of 1.2 metres metres to a pool. 2. To permit a minimum interior side yard setback of 1.4 metres to a pool. 3. To permit a minimum interior side yard setback of 0.1 metres to the pool equipment and pad. 4. To permit an accessory building to be located in the interior side yard. 5. To permit a maximum building height of 2.56 metres for the accessory building. Page 15 of 24

16 Item 14. FILE NUMBER: A117/10 DR. JEREMY & MRS. JOANNE FRANK REQUIREMENTS: 1. A minimum rear yard setback of 1.5 metres is required to the pool 2. A minimum interior side yard setback of 1.5 metres is required to a pool. 3. A minimum interior side yard setback of 1.2 metres is required to the pool equipment and pad. 4. An accessory building shall be located in the rear. 5. A maximum building height of 2.5 metres is permitted for an accessory building. Dr. Jeremy Frank, the applicant, appeared on his own behalf and gave a brief submission regarding the request. An was received from the applicant containing an from Schaeffers Consulting Engineers stating they have no concerns regarding the existing drainage issues on any part of the property. A request for decision was received from Chan Nyung Lee, 22 McCombe Lane, Maple, Ontario, L6A 4G2. During the discussions between the Committee, and Dr. Jeremy Frank, it was decided to adjourn the application so that Dr. Jeremy Frank can obtain a written statement of acceptance of the letter from Schaeffers from the Engineering Department, namely from Mr. Prakash Harpal of the Engineering Department. The Building Standards Department made the following written comments: A building permit has not been issued. Regarding the building height, the nearest part of the roof shall not be more than 3 metres above finished grade. The Applicant has confirmed the rear yard area is less then 135m 2 to which a soft landscape percentage is not applied. The waterfall feature is not an issue, the platform over the catch basin will be deemed landscaping. The Engineering Department made the following written comments: Site visit was conducted on May 17, The Engineering Department cannot support this application due to the fact that the existing concrete slab is encroaching onto a shared drainage swale. As a result, drainage from adjacent properties maybe adversely affected. The Engineering Department requires a minimum of 0.6m setback for a drainage swale. Please note that the drainage swales and the catchbasin are not in the proper working conditions. The subdivision 19T-99V08 is not assumed by the City and the Developer and/or Builder are responsible to reinstate the swales and the catchbasin in the proper conditions. Please see the attached photos. There were no other comments/objections from any Departments or Agencies. Seconded by M. Mauti THAT Application No. A117/10, DR. JEREMY & MRS. JOANNE FRANK, be ADJOURNED, to the JUNE 10, 2010 MEETING, so that the applicant can obtain comments from the Engineering in writing accepting the Schaeffers report as sufficient. S. Krcmar, opposed the decision for the above DR. JEREMY & MRS. JOANNE FRANK application. Page 16 of 24

17 Item# 15. FILE NUMBER: A118/10 APPLICANTS: MARK & JOANNE AQUILINA Part of Lot 5, Concession 7, (Lot 144, Registered Plan No. M-2014, municipally known as 83 Thistle Ridge Drive, Woodbridge). The subject lands are zoned R2, Residential under By-law 1-88 subject to Exception 9(259) as amended. The applicants are requesting variances to permit the construction of an inground pool and pool equipment for an existing two storey single family detached dwelling, with attached garage as follows: PROPOSAL: 1. Minimum exterior side yard setback to pool equipment =.61m 2. Minimum exterior side yard setback to pool = 1.0m REQUIREMENTS: 1. Minimum exterior side yard setback to pool equipment = 3.0m 2. Minimum exterior side yard setback to pool = 4.5m Mark Quilina, the applicant appeared on his own behalf. On May 13, 2010, a petition of no objection was submitted by the application from the following people: Frank Musso, 76 Thistle Ridge, Woodbridge, Ontario, L4L 3K4; Peter Mansueto, 136 Tall Grass Trail, Woodbridge, Ontario, L4L 3P8; Ottavio Girotti, 69 Thistle Ridge, Woodbridge, Ontario, L4L 3K3; Massimo Basso, 84 Thistle Ridge, Woodbridge, Ontario, L4L 3K4; A. Tramontoszzi, 80 Thistle Ridge, Woodbridge, Ontario, L4L 3K4; Xerxes Surkari, 78 PineYork Avenue, Woodbridge, Ontario, L4L 3H9; T. Cirillo 134 Tall Grass Trail, Woodbridge,Ontario, L4L 3P8; Sandhya Nages, 75 Thistle Ridge, Woodbridge, Ontario, L4L 3K3. There were no 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 THAT Application No. A118/10, MARK & JOANNE QUILINA, be APPROVED, in accordance with the attached sketch. Item# 16. FILE NUMBER: A120/10 MICHELLE GARBER Part of Lot 30, Concession 1, (Lot 12, Registered Plan No. 65M-2214, municipally known as 143 Calvin Chambers Road, Thornhill). The subject lands are zoned R1V, Old Village Residential and subject to the provisions of Exception 9(372) under By-law 1-88 as amended. To permit the construction of a proposed two-storey rear addition to an existing two-storey single family detached dwelling with the garage attached. PROPOSAL: 1) To permit a maximum lot coverage of 23.0 %. REQUIREMENTS: 1) A maximum lot coverage of 20.0 % is permitted. Michelle Garber, the applicant appeared on her own behalf. Mr. Stephen Morris, 139 Calvin Chambers Road, Thornhill, Ontario, L4J 1E8, appeared with concerns and questions for the applicant. Page 17 of 24

18 Item 16. FILE NUMBER: A120/10 MICHELLE GARBER No one else appeared before the Committee in support of or in opposition to the request. A letter of concern was received from Mr. Stephen Morris, 139 Calvin Chambers Road, Thornhill, Ontario, L4J 1E8. A request for decision was received from Mr. Stephen Morris, 139 Calvin Chambers Road, Thornhill, Ontario, L4J 1E8.. During the discussions between the Committee, Mrs. Garber and Mr. Morris, the Committee suggested and it was agreed to stand down the item to allow Ms. Garber and Mr. Morris an opportunity to speak to each other and resolve any issues. The Building Standards Department made the following written comments: The applicant shall be advised that additional variances may be required upon review of detailed drawings for building permit/site plan approval. There were no other comments/objections from any Departments or Agencies. MOVED by S. Krcmar Seconded by M. S. Panicali THAT Application No. A120/10, MICHELLE GARBER, be STOOD DOWN, to give the applicant an opportunity to address the neighbours concerns. Item# 17. FILE NUMBER: A121/10 EDWARD AND CONNIE BASSO Part of Lot 23, Concession 4, (Lot 28, Registered Plan No. 65M-3879, municipally known as 23 Leor Court, Maple.) The subject lands are zoned RV3, Residential Urban Village Three Zone under By-Law 1-88 as amended. The applicants are requesting variances to permit the construction of two rear yard sheds, and to permit the maintenance of an air conditioner unit in the side yard, as follows: PROPOSAL: Minimum side yard setback for a/c unit 0.6m Shed #1 - Maximum height of shed 3.26m Shed #2 - Minimum rear yard setback 1.524m - Minimum side yard setback 0.6m - Maximum height of shed 3.26m REQUIREMENTS: Minimum side yard setback for a/c unit 1.2m Shed #1 - Maximum height of shed 2.5m Shed #2 - Minimum rear yard setback 7.5m - Minimum side yard setback 1.2m - Maximum height of shed 2.5m Edward and Connie Basso, the applicants, appeared on their own behalf and gave a brief submission regarding the request. Mr. Greensmith Sor, 39 Shetland Court, Maple, L6A 3B7 appeared in opposition to the request. No one else appeared before the Committee in support of or in opposition to the request. A request for decision was received from Mr. Greensmith Sor, 39 Shetland Court, Maple, L6A 3B7. Page 18 of 24

19 Item 17. FILE NUMBER: A121/10 EDWARD AND CONNIE BASSO During the discussions between the Committee, Mr. and Mrs. Basso and Mr. Sor, the Committee suggested and it was agreed to stand down the item to allow Mr. and Mrs. Basso and Mr. Sor an opportunity to speak to each other and resolve any issues. There were no other comments/objections from any Departments or Agencies. MOVED by S. Krcmar Seconded by M. S. Panicali THAT Application No. A121/10, EDWARD & CONNIE BASSO, be STOOD DOWN, to give the applicant an opportunity to speak with their neighbour. Item# 18. FILE NUMBER: A122/10 PROPOSAL: REQUIREMENTS: LEON AND LINDA KATZ Part of Lot 16, Concession 2, (Lot 38, Registered Plan No. 65M-3917, municipally known as 130 Cook s Mill Crescent, Maple). The subject lands are zoned RD1 Residential Detached Zone One and subject to the provisions of Exception Number 9(1217) under By-Law 1-88 as amended. To permit the construction of a proposed hut/accessory structure to cover a proposed hot tub in the rear yard of an existing two-storey single family detached dwelling with the garage attached. 1. To permit a minimum rear yard setback of 5.7 metres to the accessory structure. 2. To permit a maximum 13.0m 2 accessory structure in the rear yard. 3. To permit a maximum building height of 3.62 metres for the accessory structure 1. A minimum rear yard setback of 7.5 metres is required to the accessory structure. 2. A maximum 10.0m 2 accessory building is permitted. 3. A maximum building height of 2.5 metres is permitted for the accessory structure Philip Constand, the agent appeared along with Leon Katz, the applicant. The Building Standards Department made the following written comments: A building permit has not been issued. Regarding the building height, the nearest part of the roof shall not be more than 3 metres above finished grade. 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 THAT Application No. A122/10, LEON AND LINDA KATZ, be APPROVED, in accordance with the attached sketch. Page 19 of 24

20 Item 16. FILE NUMBER: A120/10 MICHELLE GARBER Mrs. Garber and Mr. Morris returned to the council chamber and told the Committee the issues have been resolved. The Committee is of the opinion that the variance sought can be considered minor and is desirable for the Seconded by M. Mauti THAT Application No. A120/10, MICHELLE GARBER, be APPROVED, in accordance with the attached sketch. Item# 19. FILE NUMBER: A123/10 PROPOSAL: REQUIREMENTS: PASQUALE AND FRANCA COLASACCO Part of Lot 8, Concession 6, (Lot 10, Registered Plan No. 65M-2490, municipally known as 34 San Marko Place, Woodbridge). The subject lands are zoned R3, Residential under By-Law 1-88 as amended and further subject to exception 9(476) To permit the maintenance of two (2) existing sheds and a gazebo in the rear yard of an existing two-storey single family detached dwelling with the garage attached. 1. Shed 1, minimum rear yard setback 0.91m. 2. Shed 1, minimum side yard setback 0.7m. 3. Shed 1, maximum height 2.8m. 4. Shed 2, minimum rear yard setback m. 5. Shed 2, minimum side yard setback 0.33m. 6. Shed 2, maximum height 2.8m. 7. Shed 4 (Gazebo), minimum side yard setback 0.92m. 8. Shed 4 (Gazebo), maximum height 3.2m. 1. Shed 1, minimum rear yard setback 7.5m. 2. Shed 1, minimum side yard setback 1.2m. 3. Shed 1, maximum height 2.5m. 4. Shed 2, minimum rear yard setback 7.5m. 5. Shed 2, minimum side yard setback 1.2m. 6. Shed 2, maximum height 2.5m. 7. Shed 4, minimum side yard setback 1.2m. 8. Shed 4, maximum height 2.5m. Pasquale and Franca Colasacco, the applicants appeared on their own behalf. A letter of objection was received from Elio and Tammy Sergnese, 33 Zucchet Court, Woodbridge,Ontario, L4L 8T7. The applicant submitted a petition in support of the application from the following people: Mike Marino, 37 Zucchet Court, Woodbridge,Ontario, L4L 8T7; Mr. and Mrs. Attard, 38 San Marko Place, Woodbridge, Ontario, L4L 7M5 and Mr. and Mrs. D Aostino, 30 San Marko Place, Woodbridge, Ontario, L4L 7M5 A request for decision was received Elio and Tammy Sergnese, 33 Zucchet Court, Woodbridge, Ontario, L4L 8T7. Page 20 of 24