The Minutes of the 12 TH Meeting of the Vaughan Committee of Adjustment for the year 2005 THURSDAY, JUNE 23, :00p.m.

Transcription

1 The Minutes of the 12 TH Meeting of the Vaughan Committee of Adjustment for the year 2005 THURSDAY, JUNE 23, 2005 Present at the meeting were: 6:00p.m. M. Mauti T. DeCicco L. Fluxgold D. H. Kang Members of Staff present: Dianne E. L. Grout, Secretary-Treasurer Anne Markovsky, Assistant to the Secretary-Treasurer Stephen Lue, Planner Gregory Seganfreddo, Plans Examiner INTRODUCTION OF ADDENDUM REPORTS MOVED L. Fluxgold Seconded by D. H. Kang 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 See Page # 16 - L. Fluxgold declared a conflict of interest. ADOPTION OR CORRECTION OF MINUTES MOVED by L. Fluxgold Seconded by D. H. Kang THAT the minutes of the Committee of Adjustment Meeting of Thursday, JUNE 9, 2005, be adopted as circulated. CARRIED ADJOURNMENTS AND/OR DEFERRALS A letter was received June 17, 2005, from Sandro Soscia, Soscia Engineering Ltd., agent on behalf of the applicant, requesting that Item # 7, File No. A112/05, LURON INVESTMENTS INC., be ADJOURNED TO THE JULY 7, 2005 MEETING, in order to resolve some issues. A fax was received June 17, 2005, from Stephanie Bottero, Weston Consulting Group Inc., agent on behalf of the applicant, requesting that Item #s 13 & 14, File Nos. B032/05, A152/ CANADA INC, be ADJOURNED TO THE JULY 7, 2005 MEETING, in order to resolve some issues. A letter was received June 21, 2005 from Ida Della Corte & Mario D Addese, the applicants, requesting that Item # 16, File No. A147/05, MARIO D ADDESE & IDA DELLA CORTE, be ADJOURNED TO THE JULY 21, 2005, MEETING, in order to resolve some issues with the Engineering Department. An was received June 23, 2005 from Dino Eleuteri, the agent, requesting that Item # 17, File No. A148/05, ELENA BELLI, be ADJOURNED TO THE JULY 7, 2005, MEETING, in order to resolve issues with the Building and Planning Departments. Page 1 of 17

2 ADJOURNMENTS AND/OR DEFERRALS Cont d A fax was received June 23, 2005 from Michael Fournier, the applicant, requesting that Item # 24, File No. A162/05, MICHAEL FOURNIER, be ADJOURNED TO THE JULY 7, 2005, MEETING, in order to resolve issues with respect to OPA NO MOVED by L. Fluxgold Seconded by D. H. Kang Item # 7, File No. A112/05, LURON INVESTMENTS INC., be ADJOURNED TO THE JULY 7, 2005 MEETING. Item #s 13 & 14, File Nos. B032/05, A152/ CANADA INC, be ADJOURNED TO THE JULY 7, 2005 MEETING. Item # 16, File No. A147/05, MARIO D ADDESE & IDA DELLA CORTE, be ADJOURNED TO THE JULY 21, 2005, MEETING. Item # 17, File No. A148/05, ELENA BELLI, be ADJOURNED TO THE JULY 7, 2005, MEETING. Item # 24, File No. A162/05, MICHAEL FOURNIER, be ADJOURNED TO THE JULY 7, 2005, MEETING. ADMINISTRATIVE CORRECTIONS NONE. (PREVIOUSLY ADJOURNED FROM THE MARCH 31, 2005 AND APRIL 28, 2005 MEETINGS) 1. FILE NO: A075/05 MAURO & SANDRA TONIETTO Part of Lot 22, Concession 8, (Lot 7, Registered Plan No. 65M-2863, municipally known as 276 Westridge Drive, Kleinburg.) The subject lands are zoned R1 - Residential under By-Law 1-88, as amended, and further subject to Exception 9(563). The applicants are requesting a variance to permit the continued construction of a one storey addition to an existing two storey single family detached dwelling, with attached garage, and to permit the maintenance of an in ground pool, as follows: To locate a house addition as to create a non-compliant pool location within a side yard. A private swimming pool shall be located only within the rear yard. REVISED NO LONGER A REQUEST FOR A CABANA NOW AN ADDITION TO AN EXISTING DWELLING WHICH CONFORMS, HOWEVER, THE POOL IS NON-COMPLIANT. Page 2 of 17

3 (PREVIOUSLY ADJOURNED FROM THE MARCH 31, 2005 AND APRIL 28, 2005 MEETINGS) 1. FILE NO: A075/05 MAURO & SANDRA TONIETTO At the prior hearings, objection letters were received from David & Joanne Dodsworth, P.O. Box 582, 281 Westridge Drive, Kleinburg, Ontario, L0J 1C0; Alan Grafe & Susan Grafe, 298 Westridge Drive, Kleinburg, Ontario, L0J 1C0; Kleinburg & Area Ratepayers Association, P.O. Box 202, Kleinburg, Ontario, L0J 1C0. Also received was a lengthy letter of objection accompanied with photographs of the cabana from Drs. Gail & Anthony Nield, 290 Westridge Drive, Kleinburg, Ontario, L0J 1C0, and a neighbourhood objection petition was received and was part of the decision making process. On June 22, 2005, the objection letter was re submitted, accompanied with photographs and the petition list from Tony & Gail Nield, 290 Westridge Dr., Kleinburg, Ontario, L0J 1C0. The photographs showed the various stages of construction of the cabana. On June 23, 2005, a fax was received from the applicant, authorizing a new agent, Stephen Naylor, from Walker, Nott Dragicevic Associates Ltd., 172 St. George St., Toronto, Ontario, M5R 2M7. Stephen Naylor, the agent, appeared on behalf of the applicants and gave a submission regarding the request. The Committee questioned the number of stop work orders issued and asked the agent why the work continued. The agent had no answers. A. S. Nield, 290 Westridge Drive, Box 30, Kleinburg, Ontario, L0J 1C0, appeared in opposition and pointed out various concerns raised in his letter R. Klein, 8 Daleview Cr., Kleinburg, Ontario, L0J 1C0, representing KARA, appeared in opposition to this request stating his concerns. During discussions between the agent and the committee questions arose with respect to the trees planted in the area where the new addition will be constructed. The agent stated he did not think these will interfere with the addition, however, the committee requested photos be submitted at the next hearing showing where these trees are situated in comparison to the gallery (walkway) that will be constructed. All parties agreed to adjourn this application to the July 21, 2005 meeting, in order for the applicant/agent to consult with neighbours and KARA, and review the sketch etc., as submitted, with Building Standards and Development Planning. There was no one else in attendance either in support of or in opposition to the request. There were no other objections from any Departments or Agencies. MOVED by L. Fluxgold Seconded by T. DeCicco THAT Application No. A075/05 MAURO & SANDRA TONIETTO, be: ADJOURNED to the July 21, 2005 meeting. Page 3 of 17

4 CONSENT PUBLIC HEARING: 2. FILE NO.: B028/05 WILLIAMS BOWLES HARRIS Part of Lot 1, Concession 7, (known as Mill Road, East Side - City of Vaughan portion Mill Road, King City.) The purpose of this application is to request the consent of the Committee of Adjustment to convey a parcel of land for the purpose of creating a new lot, for agricultural purposes, together with all required easements and right-of-ways, if required, the retained lands are under Township of King and are not applicable. The subject lands are zoned A, Agricultural, under By-law 1-88 as amended The subject lands are currently vacant. A letter dated June 20, 2005 was received from Township of King, stating that the applicant will need to address issues with the Township regarding the severance, as this land is within both the City of Vaughan and Township of King. On June 21, 2005 a revised letter was received stating that all concerns have been addressed. Marsha Onyett, the agent appeared on behalf of the applicant and gave a brief submission regarding the request. There was no one in attendance either in support or opposition to the request. There were no other comments/objections from any Departments or Agencies and any conditions requested are listed below. MOVED by D. H. Kang Seconded by L. Fluxgold THAT Application No. B028/05 - WILLIAMS BOWLES HARRIS., 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, (by certified cheque), if required, to the satisfaction of Reserves/Capital Department; (contact Terri Liuni in the Reserves/Capital Department to have this condition cleared). 2. 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/Capital Department; contact Terri Liuni to have this condition cleared.) 3. The applicant shall provide the City of Vaughan with an appraisal report and valuation of the subject land, (land only) to be prepared by an accredited appraiser, if required. Payment of a Parkland levy to the City in lieu of the deeding of land for park purposes shall be made if a new lot is being created. Said levy is to be 5% of the appraised market value of the subject land as of the date of the Committee of Adjustment giving notice to the Applicant of the herein decision. Said levy shall be approved by the Manager of Real Estate. Payment shall be made by certified cheque only. 4. The Owner shall convey sufficient property to provide 17.5m from the centerline of King- Vaughan Road municipal road allowance to the City of Vaughan at no cost and free of Page 4 of 17

5 charge and encumbrance to the City. CONSENT PUBLIC HEARING: 2. FILE NO.: B028/05 WILLIAMS BOWLES HARRIS 5. The Owner shall arrange to prepare and register a reference plan at his/her expense for the conveyance of the required road widening to the satisfaction of the City of Vaughan. Owner shall pay the cost ($ cheque payable to the City of Vaughan) for the registration of the conveyed lands to the City of Vaughan, if required to the satisfaction of the Engineering Dept.. 6. A by-law shall be passed dedicating the road widening as public highway to the satisfaction of the Engineering Department and the Owner shall pay the cost ($ cheque payable to the City of Vaughan) for the of the registration of the road dedication by-law to the City of Vaughan, if required to the satisfaction of the Engineering Dept. 7. 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; 8. 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; 9. 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; 10. 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 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 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 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; Page 5 of 17

6 CONSENT AND 3. FILE NOS.: B029/05, A151/05 & BALDASCO DEVELOPMENTS INC. 4. Part of Lot 33, Concession 1, (Part of Block 63, Registered Plan No. 65M-3163, municipally known as 15 Parr Place, Thornhill). Purpose and Effect B029/05 - The purpose of this application is to request the consent of the Committee of Adjustment to convey a parcel of land as an addition in favour of the lands to the SOUTH, for residential purposes, together with all required easements and right-of-ways, if required, and retain the land for residential purposes. The subject lands are zoned R1, Residential and subject to the provisions of Exception Number 9(797) under By-Law 1-88 as amended. Both the subject and retained lands are currently vacant. A151/05 - The applicant is requesting authorization of variances to facilitate the total of the retained lands, (B029/05), notwithstanding, the proposed changes to the existing By-Law & current By-law requirements are as follows: 1) To permit a minimum lot frontage of 28 metres. 2) To permit a minimum lot area of square metres. 1) A minimum lot frontage of 30 metres is required. 2) A minimum lot area of 2025 square metres is required. Steve Maini, the agent appeared on behalf of the applicant and gave a brief submission regarding the request. There was no one in attendance either in support of or in opposition to the request. There were no comments/objections from any Departments or Agencies and any conditions requested are listed below. MOVED by D. H. Kang Seconded by L. Fluxgold THAT Application No. B029/05 - BALDASCO DEVELOPMENTS 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, (by certified cheque), if required, to the satisfaction of Reserves/Capital Department; (contact Terri Liuni in the Reserves/Capital 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; Page 6 of 17

7 CONSENT AND 3. FILE NOS.: B029/05, A151/05 & BALDASCO DEVELOPMENTS INC That the applicant provide to the Secretary Treasurer a letter of undertaking, stating that the lands in question are in favour of or taken into the title of the lands to the SOUTH. 4. 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; 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 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 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 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. AND THAT Application No. A151/05 BALDASCO DEVELOPMENTS INC., be APPROVED, in accordance with the sketch attached. CONSENT PUBLIC HEARING: Page 7 of 17

8 5. FILE NOS.: B030/05, B031/05 & ONTARIO LTD. 6. Part of Lots 3, 4 and 5, Concession 9, (Municipally known as 61 Royal Group Crescent, Woodbridge). Purpose and Effect B030/05 - The purpose of this application is to request the consent of the Committee of Adjustment to convey a parcel of land for an addition to an existing lot taken in to the title of the land to the north and east, for Industrial purposes, together with all required easements and right of ways and retain the lands for employment-industrial purposes. B031/05 - The purpose of this application is to request the consent of the Committee of Adjustment to grant a Partial discharge of Mortgage or Cessation of Charge on the subject land for Industrial purposes, and retain the lands for Industrial purposes. There is one existing industrial building located on the subject land. The retained land has twelve (12) employment-industrial buildings. The subject lands are zoned EM1, Prestige Employment Area Zone subject to exception 9(1013) under By-law 1-88 as amended. Other Planning act Applications The land which is the subject in this application is also the subject of an application under the Planning act for: Consent File Nos. B033/04 to B035/04 APPROVED Creation of new industrial Lots Philip Stewart, Pound & Stewart Services Planning Consultants, 305 Renfrew Drive, Suite 101, Markham, Ontario, L3R 9S7, appeared as the designated agent on behalf of the applicant, and gave a brief submission regarding the request. There was no one in attendance either in support of or in opposition to the request. There were no comments/objections from any Departments or Agencies and any conditions requested are listed below. MOVED by L. Fluxgold Seconded by D. H. Kang THAT Application No. B030/05 and B031/ ONTARIO LIMITED, c/o Royal Group Technologies 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. That the owner shall pay all taxes as levied (by certified cheque), if required, to the satisfaction of the Reserves/Capital Department; (contact Terri Liuni in the Reserves/Capital Department to have this condition cleared). 2. B030/05 - That the applicant provide to the Secretary Treasurer a letter of undertaking, stating that the ADDITION to an existing lot will be taken into the title of the land to the north and east; 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; CONSENT PUBLIC HEARING: Page 8 of 17

9 5. FILE NOS.: B030/05, B031/05 & ONTARIO LTD B030/05 - 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; 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 (per application) 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 $ (per application) 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 $ (per application), 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 (Regarding File B030/05 ONLY): 1. That the payment of the Regional Development Charge is payable to the City of 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 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 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; 7. FILE NO.: A146/05 G.I.T. INVESTMENTS LTD. Part of Lot 1, Concession 3, (Lot 25, Registered Plan No. 65M-2257, municipally known as 2100 Steeles Avenue West, Concord). Page 9 of 17

10 7. FILE NO.: A146/05 G.I.T. INVESTMENTS LTD. The subject lands are zoned EM1, Prestige Employment Area under By-law 1-88, subject to Exception 9(619), as amended. The applicant is requesting a variance to permit the maintenance of an existing commercial building, notwithstanding, the proposed changes to the existing By-Law & current By-Law requirements are as follows: 1) One (1) Personal Service Shop, restricted to a maximum gross floor area of 185m 2. 1) One (1) Personal Service Shop, restricted to a maximum gross floor area of 158m 2 on the ground floor in Unit #9. Other Planning Act Applications The land which is the subject in this application was also the subject of an application under the Planning Act for: Minor Variance File # A328/99 REFUSED AS AMENDED - permission to permit Business and Professional Offices, including medical practitioners in Unit #203. File # A48/83 APPROVED - distance between nearest side of a driveway and the side lot line. File # A25/84 APPROVED - rear yard setback Peter Tsihlias, the agent, appeared on behalf of the applicant and gave a brief submission regarding the request. There was no one in attendance either in support of or in opposition to the request. There were no 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. MOVED D. H. Kang Seconded by L. Fluxgold THAT Application No. A146/05, G.I.T. INVESTMENTS LTD., be APPROVED in accordance with the sketch attached. 8. FILE NO.: A149/05 ARBAND INVESTMENTS LTD. Part of Lot 18, Concession 3, (Lot 137, Registered Survey 65R16683, municipally known as 9630 Dufferin Street, Maple). The subject lands are zoned A, Agricultural under By-law 1-88 as amended. Page 10 of 17

11 8. FILE NO.: A149/05 ARBAND INVESTMENTS LTD. The applicant is requesting a variance to permit the construction of a temporary sales trailer for Tiffany Park Homes as follows: 1. Temporary Sales Trailer to be located more than 100 metres from the lands subject to development. 1. Temporary Sales Trailer to be located within 100 metres of the lands subject to development identified as 19T-00V15. On June 22, 2005, a lengthy letter was hand delivered by Lyn Macmillan, 9605 Dufferin St., Maple, Ontario, L6A 1S7. Concerns were raised with respect to the number of temporary sales trailers, advertising signage, etc. Jacqueline Thoman appeared along with the designated agent Davis Bogar and gave a brief submission with respect to the request. Lyn Macmillan appeared and reiterated the concerns she raised in the letter submitted earlier. Roy Mason, KLM Planning Partners Inc., 64 Jardin Drive, Unit 1B, Concord, Ontario, L4K 3P3, appeared and gave a brief submission regarding the need for these sales trailers. There was no one else in attendance either in support of or in opposition to the request. There were no comments/objections from any Departments or Agencies. The Committee is of the opinion that the variance sought can be considered minor and is desirable for the appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will be maintained. MOVED by T. DeCicco Seconded by D. H. Kang THAT Application No. A149/05 ARBAND INVESTMENTS LTD., be APPROVED, in accordance with the sketches attached and subject to the following condition: 1. That the request be approved for only three (3) years from the date of giving the decision. 9. FILE NO: A150/05 ROYBRIDGE HOLDINGS LIMITED Part of Lot 18, Concession 5, (Lot 181, Registered Plan No. 65M-3391, Parts 1, 3, 8 & 18, Plan 65R-26299, municipally known as 9591 Weston Road (Unit 10, of Building C ) Woodbridge). Page 11 of 17

12 9. FILE NO: A150/05 ROYBRIDGE HOLDINGS LIMITED The subject lands are zoned C3, Local Commercial under By-Law 1-88 as amended and further subject to Exception 9(1019). The applicant is requesting a variance to permit the continued construction of an eating establishment, take-out (Ice cream parlour) in Unit 10 of Building C, as follows: A second eating establishment with accessory take-out. One eating establishment is permitted. On June 1, 2005, a letter of opposition was received from Francesco Puchiele, Barrister & Solicitor, 3100 Steeles Ave., West, Suite 300, Concord, Ontario L6K 3R1, representing Emily s Bakery Ltd., a tenant at this location. A Notice of Decision was requested. On June 23, 2005 a support letter was received from Elvira Caria, Vellore Woods Ratepayers Association. A Notice of Decision was mailed to the association. A request for the Notice of Decision was submitted by Federico Accorsi, 24 Burnhamthorpe Rd. Apt. 206, Etobicoke, Ontario, M9A 1G8. Sam Speranza, appeared as the designated agent on behalf of the applicant and gave a brief submission regarding the request. There was no one in attendance either in support of or in opposition to the request. There were no 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. MOVED by D. H. Kang Seconded by L. Fluxgold THAT Application No. A150/05 ROYBRIDGE HOLDINGS LIMITED, be APPROVED, in accordance with the sketches attached. 10. FILE NO: A153/05 MCFADYEN INVESTMENTS INC. Part of Lot 1, Concession 6, (Lot 16, Plan M-2009, municipally known as 340 Hanlan Road, Woodbridge.) Page 12 of 17

13 10. FILE NO: A153/05 MCFADYEN INVESTMENTS INC. The subject lands are zoned EM2, General Employment Area under By-Law The applicant is requesting a variance to permit the construction of a rear yard storage shed attached to an existing one storey industrial building as follows: Minimum rear yard setback 3.78m. Minimum rear yard setback 12.0m. Other Planning act Applications The land which is the subject in this application is also the subject of an application under the Planning act for: Consent Application File No. A043/95 APPROVED, February 23, 1995, for the construction of an addition to the rear of the building. James L. McFadyen, the owner/agent, appeared and gave a brief submission regarding the request. There was no one in attendance either in support of or in opposition to the request. There were no objections from any Departments or Agencies. The Committee is of the opinion that the variance sought can be considered minor and is desirable for the appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will be maintained. MOVED by L. Fluxgold Seconded by D. H. Kang THAT Application No. A153/05 MCFADYEN INVESTMENTS INC., be APPROVED, in accordance with the sketch attached. 11. FILE NO: A154/05 STEVEN SMALL AND CECILIA DE TORRES Part of Lot 19, Concession 4, (Lot 32, Registered Plan 65M Municipally known as 39 Bachman Drive, Maple). Page 13 of 17

14 11. FILE NO: A154/05 STEVEN SMALL AND CECILIA DE TORRES The subject lands are zoned RV4, Residential under By-law 1-88 subject to Exception 9(1095) as amended. The applicant is requesting a variance to permit the maintenance of an existing wood deck at the rear of an existing two-storey single family detached dwelling, notwithstanding, the proposed changes to the existing By-Law & current By-Law requirements are as follows: 2) Rear yard setback to deck = 3.76m 2) Rear yard setback to deck = 5.5m During the submission process, the following residents signed a petition of support: Mr. & Mrs. Somai, 35 Bachman Drive, Maple, Ontario,L6A 3V8; Mrs. Ha Thi Thu Nguyen, 43 Bachman Drive, Maple, Ontario L6A 3V8; Mohammed Shafiq Ahmed, 33 Bachman Drive, Maple, Ontario, L6A 3V8; Mr. & Mrs. Ralph Bilotta, 18 Emmit Road, Maple, Ontario, L6A 3V8; Mr. & Mrs. S. Gimenez, 45 Bachman Drive, Maple, Ontario,L6A 3V8. Cecilia De Torres, the applicant appeared and gave a brief submission regarding the request. There was no one in attendance either in support of or in opposition to the request. There were no 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. MOVED by L. Fluxgold Seconded by D. H. Kang THAT Application No. A154/05, STEVEN SMALL AND CECILIA DE TORRES, be APPROVED in accordance with the sketch attached. 12. FILE NO: A155/05 ROMEO DI CRESCE Part of Lot 20, Concession 8, (Lot 8, Registered Plan No. 65M-3738, municipally known as 58 Autumn Grove Drive, Kleinburg). The subject lands are zoned R1, Residential under By-Law 1-88 as amended and further subject to Exception 9(1128). The applicant is requesting a variance to permit the continued construction of a two-storey single family detached dwelling with the garage attached, notwithstanding, the proposed changes to the existing By-Law & current By-Law requirements are as follows: Page 14 of 17

15 12. FILE NO: A155/05 ROMEO DI CRESCE 1. An interior side yard setback of 1.52m to the dwelling. 2. An interior side yard set back of 0.92m to the chimneybreast. 1. A minimum interior side yard set back of 1.8m to the dwelling. 2. A minimum interior side yard set back of 1.3m to the chimneybreast. Barry A. Horosko, Bratty & Partners, appeared as the designated agent on behalf of the applicant and gave a brief submission regarding the request. There was no one in attendance either in support of or in opposition to the request. There were no 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. MOVED by T. DeCicco Seconded by L. Fluxgold THAT Application No. A155/05, ROMEO DI CRESCE, be APPROVED in accordance with the sketch attached. 13. FILE NO.: A156/05 ANTHONY & LYNN CECATINI Part of Lot 19, Concession 8, (Lot 1, Registered Plan No. 65M-3474, municipally known as 271 Silverado Trail, Woodbridge). The subject lands are zoned RV3, Residential Urban Village Zone Three under By-Law 1-88 as amended and further subject to Exception 9(988). The applicant is requesting a variance to permit the maintenance of an existing wood deck and gazebo at the rear of an existing two-storey single family detached dwelling, notwithstanding, the proposed changes to the existing By-Law & current By-Law requirements are as follows: 1. A gazebo with a floor area of 9.75 m A gazebo with a building height of 4.1m. 2. The maximum floor area for a gazebo is 8m The maximum building height for a gazebo is 2.5m. Page 15 of 17

16 Cont d 13. FILE NO.: A156/05 ANTHONY & LYNN CECATINI Other Planning Act Applications The land which is the subject in this application was also the subject of an application under the Planning Act for: Minor Variance File # A307/04 REFUSED DECEMBER 2, 2004 Reduction of exterior side lot line setback to a Reduction of rear yard setback to a gazebo to swimming pool to 1.2m 0.81m Reduction of rear lot line setback to a swimming pool to 1.2m Reduction of interior side yard setback to a gazebo to 0.89m To permit a storage shed in the side yard Reduction of rear yard setback to an existing deck to 0.0m Reduction of interior side yard setback to a storage shed to 0.0m Reduction of interior side yard setback to an existing deck to 0.0m A letter of opposition was received on June 15, 2005, from Emma Albanese & Cosimo Ientile, 267 Silverado Trail, Woodbridge, Ontario, L4H 1Z6. Anthony Cecatini, the applicant, appeared on his own behalf and gave a brief submission regarding the request. Emma Albanese, appeared before the committee voiced her objections and presented the committee with a photograph showing the magnitude of the gazebo. It should be noted that L. Fluxgold, declared a conflict of interest, as he was Mrs. Albanese s lawyer during the purchase of her home. He left the Council Chambers. The applicant Anthony Cecatini, also submitted several photographs showing how his proposal does not have an impact on his neighbours. Maria Coniglio, 307 Sunset Ridge, Woodbridge, Ontario, L4H 1Z6, appeared in opposition. Marco Simone, 297 Sunset Ridge, Woodbridge, Ontario, L4H 1Z6, appeared in support of the application. There was no one else in attendance either in support of or in opposition to the request. There were no comments/objections from any Departments or Agencies. The Committee is of the opinion that the variances sought can be considered minor and are desirable for the appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will be maintained. MOVED by D. H. Kang Seconded by T. DeCicco THAT Application No. A156/05, ANTHONY & LYNN CECATINI, be APPROVED in accordance with the sketch attached. Page 16 of 17

17 OTHER BUSINESS None. MOTION TO ADJOURN MOVED by T. DeCicco Seconded by D. H. Kang THAT the meeting of Committee of Adjustment be adjourned at 7:10 p.m., and the next regular meeting will be held on THURSDAY, JULY 7, Page 17 of 17