The Minutes of the 19 th.meeting of the Vaughan Committee of Adjustment for the year 2009 THURSDAY, OCTOBER 15, 2009 6:05 p.m. Present at the meeting were: M. S. Panicali - Chair L. Fluxgold Vice Chair J. Cesario S. Krcmar Members of Staff present: Todd Coles, Secretary-Treasurer Anne Markovsky, Assistant to the Secretary-Treasurer Mary Serino, Planner Sue Okom, Plans Examiner INTRODUCTION OF ADDENDUM REPORTS MOVED by L. Fluxgold That the addendum reports be incorporated into the minutes and be on view at the back of the room in the Report Book. CARRIED DISCLOSURE OF PECUNIARY INTEREST None. ADOPTION OR CORRECTION OF MINUTES Seconded by J. Cesario THAT the minutes of the Committee of Adjustment Meeting of Thursday, October 1, 2009, be corrected as follows: Page 14, Item #13, FILE NUMBER: A224/09 DENISE MARTELLACCI SHOULD READ: Rick Martellacci, the husband of the applicant, appeared and spoke on his wife s behalf. NOT: Julian Cengarle, the agent, appeared on behalf of the applicant. It should be noted that L. Fluxgold was not present at the October 1, 2009 meeting and did not take part in the adoption/correction of these minutes. CARRIED ADJOURNMENTS AND/OR DEFERRALS Item # 6, File No. B034/09 CANADIAN PACIFIC RAILWAY COMPANY be adjourned to the October 29, 2009 meeting, as a new associated Consent Application File No. B043/09 has been submitted to be heard together. This application was previously adjourned from the September 17, and October 1, 2009 meetings. A request for an adjournment was received from agent Wes Surdyka, requesting that Item # s 9 & 10, File Nos. B036/09 and B037/09 2019625 ONTARIO INC., be adjourned to the October 29, 2009 meeting, in order for the applicant s agent to resolve issues with the Toronto & Region Conservation Authority.. Page 1 of 14
ADJOURNMENTS AND/OR DEFERRALS A request for an adjournment was received from agent Trevor Gain, requesting that Item #18, File No. A235/09 ANTHONY KIRIAKOV, be adjourned to the November 26, 2009 meeting, in order for the applicant to resolve issues with respect to the Site Plan Application through Planning. During discussion between the Committee and agent Trevor Gain, the Committee had concerns that the Site Plan Application may not be dealt with in time for the November 26, 2009 meeting. The Committee agreed to adjourn this application SINE DIE. Prior to the start of the hearing a request for an adjournment was received from Anthony Cerasa Student at Law, replacing agents Nick Kotsopoulos and Emilio Bisceglia, Parente Borean and Bisceglia & Associates Professional Corp., that Item # 8, File No. A144/09 KATHERINE & RUSSELL TANZER, be adjourned to the November 26, 2009 meeting, in order to further discuss the application with the applicant and prepare for that hearing. During a lengthy discussion between the Committee and agent Anthony Cerasa, it was made clear that the Committee was not prepared to adjourn this item again and agreed to hear it in the order as it appears on the agenda. This Item was previously adjourned from the July 9, 23, August 6, and September 17, 2009 meetings. MOVED by L. Fluxgold Seconded by J. Cesario THAT Item # 6, File No. B034/09 CANADIAN PACIFIC RAILWAY COMPANY be adjourned to the October 29, 2009 meeting. THAT Item # s 9 & 10, File Nos. B036/09 and B037/09 2019625 ONTARIO INC., be adjourned to the October 29, 2009 meeting. THAT Item # 18, File No. A235/09 - ANTHONY KIRIAKOV, be adjourned SINE DIE. THAT Item # 8, File No. A144/09 KATHERINE & RUSSELL TANZER, be dealt with in order as it appears on the agenda. ADMINISTRATIVE CORRECTIONS Seconded by J. Cesario THAT the following item be corrected as follows: ITEM NO. 13 FILE NO. A230/09 APPLICANTS: JOHN CONDELLO & ESTER CARDI Notice of Application should read: The subject lands are zoned RV4 (WS) under By-Law 1-88 as amended and further subject to exception 9(1019). The applicant is requesting variances to permit the maintenance of an existing deck with hot tub as follows: NOT: The subject lands are zoned RD3, Residential Detached Zone Three under By-law 1-88 as amended. The applicant is requesting variances to permit the continued construction of a gazebo and the maintenance of an air conditioner for a one storey single family detaching dwelling as follows: Page 2 of 14
MINOR VARIANCE PUBLIC HEARING (Previously adjourned form the July 26, 2007 meeting.) A267/07 - A recap from the July 26, 2007 meeting. On July 27, 2007, Jim Kotsopoulos, the agent submitted a letter, requesting that Item# 18, FILE NO.: A267/07 CHERRYL LA POSTA, be adjourned SINE DIE to address matters that involve both Heritage Vaughan and the Toronto and Region Conservation Authority. The applicant appeared in person and requested this application be brought forward to the October 15, 2009 meeting. Item 1. FILE NUMBER: A267/07 CHERRYL LA POSTA Part of Lot 24, Concession 8, (Parts of Lots 20 & 21, Plan No M-11, municipally known as 17 Napier Street, Kleinburg.) The subject lands are currently zoned R1, Residential, under By-law 1-88 as amended. The applicant is requesting a variance to permit the maintenance of an existing 1 ½ storey single family detached dwelling, with attached garage, as follows: PROPOSAL: 1. Maximum Lot Coverage = 32.27% BACKGROUND: 1. Maximum Lot Coverage = 30% The land which is subject to this application is/was also the subject of another application under the Planning Act: Consent File B078/91 APPR. October 31, 1991, creation of a new lot. Minor Variance File A142/91 APPR. October 31, 1991, front yard setback. Minor Variance File A197/04 WITHDRAWN by the applicant. Cherryl La Posta along with her husband appeared and gave a brief submission regarding the request. On September 18, 2009, the Building Standards Department submitted the following written comments: Any deviations from the issued building permit will require a revision application. This property may be located within the Kleinburg-Nashville Heritage Conservation District. Cultural Dept. review required. Further Site Plan approval may be required from the Development Planning Department. On September 30, 2009, Culture Heritage, Cultural Services Division submitted the following written comments: This property is designated under Part V of the Ontario Heritage Act as a part of the Kleinburg-Nashville Heritage Conservation District. Should this variance request result in changes to the exterior of the building, a Heritage Permit approval should be requested as a condition of approval for the subject variance. A Heritage Permit may be obtained by the owner by contacting the Cultural Heritage Co-coordinator. On October 13, 2009, the Development Planning Department submitted the following written comments: The Development Planning Department requests that the applicant adjourn Minor Variance Application A267/07, until such time that the Applicant can apply for a Site Development Application which shall be reviewed by this Department and considered by Council and Heritage Vaughan. On October 14, 2009, the Development Planning Department submitted revised written comments: The Development Planning Department has no objections to Minor Variance Application A267/07. On October 15, 2009, the Toronto & Region Conservation Authority submitted the following written comments and placed a condition of approval: The applicant has now successfully resolved the violation and TRCA staff have no further concerns with regard to the works already completed. There were no other comments/objections from any Departments or Agencies and any conditions are listed below. The Committee is of the opinion that the variance sought can be considered minor and is desirable for the Page 3 of 14
MINOR VARIANCE PUBLIC HEARING (Previously adjourned form the July 26, 2007 meeting.) Item 1. FILE NUMBER: A267/07 CHERRYL LA POSTA MOVED by L. Fluxgold THAT Application No. A267/07 CHERRYL LA POSTA, be APPROVED, in accordance with the attached sketch, subject to the following conditions; 1. That the applicant submit the outstanding balance of $285 to the TRCA for our review of this variance application. This fee was noted on our previous correspondence and remains outstanding at this time. 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.) VERY IMPORTANT: IT IS THE RESPONSIBILITY OF THE OWNER/APPLICANT AND/OR AGENT TO OBTAIN AND PROVIDE A CLEARANCE LETTER FROM EACH AGENCY AND/OR DEPARTMENT LISTED IN THE CONDITIONS WHETHER IF REQUIRED APPEARS IN THE CONDITION OR NOT, AND FORWARD THIS CLEARANCE LETTER TO THE SECRETARY-TREASURER AS SOON AS THE CONDITIONS ARE FULFILLED. FAILURE TO COMPLY WITH THIS PROCEDURE WILL RESULT IN A LETTER BEING FORWARDED BY THE SECRETARY-TREASURER INDICATING THIS FILE HAS LAPSED AND, THEREFORE, WILL NECESSITATE THAT A NEW APPLICATION BE SUBMITTED TO LEGALIZE THIS PROPERTY. THIS MINOR VARIANCE DECISION IS NOT A BUILDING PERMIT AUTHORIZING CONSTRUCTION UNDER THE BUILDING CODE ACT, R.S.O. 1990, AS AMENDED. A BUILDING PERMIT MAY BE REQUIRED. PLEASE CONTACT THE BUILDING STANDARDS DEPARTMENT IN THE EVENT THAT YOU REQUIRE FURTHER CLARIFICATION. The Committee called the next item for discussion; however, the agent had left the Council Chambers. The Committee agreed to hear this item in the absence of representation. (Previously adjourned form July 9, 23, August 6, September 17, 2009 meetings.) Item 2. FILE NUMBER: A144/09 KATHERINE AND RUSSELL TANZER Part of Lot 34, Concession 1, (Lot 6, Registered Plan 65M-3161, municipally know as 42 Glenforest Drive, Thornhill). Prior to the applicant s submission it was agreed to amend the Application, Sketch, and Notice of Application by AMENDING the following: Proposal: 1. To permit a driveway width of 9.0 metres, Not 9.6 metres. 2. To permit a minimum of 45% of the front yard landscaping to be soft landscaping, NOT 40%, NOT 50%. The subject lands are zoned R2, Residential Zone Two under By-law 1-88 as amended. To permit the maintenance of a driveway, front yard landscaping and existing shed. Page 4 of 14
(Previously adjourned form July 9, 23, August 6, September 17, 2009 meetings.) Item 2. FILE NUMBER: A144/09 PROPOSAL: KATHERINE AND RUSSELL TANZER 1. To permit a driveway width of 9.0 metres. 2. To permit a minimum of 45% of the front yard landscaping to be soft landscaping. 3. To permit an accessory structure (garden shed) in the interior side yard. 1. A maximum driveway width of 7.5 metres is permitted. 2. A minimum of 60% of the front yard landscaping shall be comprised of soft landscaping. 3. An accessory structure shall be located in the rear yard At the previous hearings, a letter of objection was received from David Singer, 12 Glenforest Drive, Thornhill, Ontario, L4J 8K5. At the previous hearings, a request for the Notice of Decision was received from Gheorghe Danciu, 9 Glenforest Drive, Thornhill, Ontario, L4J 8K5. On September 15, 2009, the Building Standards Department submitted the following revised written comments: A building permit has not been issued. The Ontario Building Code requires a building permit for structures that exceed 10m2. The applicant shall be advised that additional variances may be required upon review of detailed drawings for building permit/site plan approval. On June 22, 2009, the Engineering Department submitted the following written comments: Engineering Department staff has visited the site in response to the application to widen the driveway and curb cut. There are no existing boulevard items that would be adversely impacted by the proposed widening; however, the Engineering Department cannot support this application because the widened driveway and required curb cut are not in conformity with By-Law 1-88 (as amended by By-Law 35-2003). With a Lot Frontage of 15.00 m, a maximum driveway width of 6.0 m (measured at the street curb) is permitted. On June 30, 2009, the Engineering Department submitted the following revised written comments: No comments or conditions. There were no other comments/objections from any Departments or Agencies and any conditions are listed below. The Committee is of the opinion that the variances sought, can be considered minor and are desirable for the MOVED by L. Fluxgold THAT Application No. A144/09, KATHERINE AND RUSSELL TANZER, be APPROVED, in accordance with the attached sketch and subject to the following conditions: 1. That the driveway and hard landscaping be formally separated, if required, to the satisfaction of the Development Planning Department. 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.). VERY IMPORTANT: IT IS THE RESPONSIBILITY OF THE OWNER/APPLICANT AND/OR AGENT TO OBTAIN AND PROVIDE A CLEARANCE LETTER FROM EACH AGENCY AND/OR DEPARTMENT LISTED IN THE CONDITIONS WHETHER IF REQUIRED APPEARS IN THE CONDITION OR NOT AND FORWARD THIS CLEARANCE LETTER TO THE SECRETARY-TREASURER AS SOON AS THE CONDITIONS ARE FULFILLED. FAILURE TO COMPLY WITH THIS PROCEDURE WILL RESULT IN A LETTER BEING FORWARDED BY THE SECRETARY-TREASURER INDICATING THIS FILE HAS LAPSED AND, THEREFORE, WILL NECESSITATE THAT A NEW APPLICATION BE SUBMITTED TO LEGALIZE THIS PROPERTY. THIS MINOR VARIANCE DECISION IS NOT A BUILDING PERMIT AUTHORIZING CONSTRUCTION UNDER THE BUILDING CODE ACT, R.S.O. 1990, AS AMENDED. A BUILDING PERMIT MAY BE REQUIRED. PLEASE CONTACT THE BUILDING STANDARDS DEPARTMENT IN THE EVENT THAT YOU REQUIRE FURTHER CLARIFICATION. Page 5 of 14
Item 3. FILE NUMBER: A228/09 MARIA TESTANI Part of Lot 19, Concession 4, (Lot 140, Registered Plan 65M-2922, municipally known as 179 Caproni Drive, Woodbridge). The subject lands are zoned R2, Residential under By-Law 1-88 as amended and further subject to Exception 9(659). The applicant is requesting a variance to permit the continued construction of an enclosed balcony at walk out basement level as follows: PROPOSAL: 1. Minimum rear yard setback 5.238m. BACKGROUND: 1. Minimum rear yard setback 9.0m. The land which is subject to this application is/was also the subject of another application under the Planning Act: Minor Variance File No. A033/95 Appr. Feb. 9, 1995 (Rear yard setback of 5.0m for concrete deck.) On October 9, 2009 a request for the Notice of Decision was received from Minh Hieu Tran, 204 Sylwood Cres., Maple, Ontario, L6A 2P9. On October 13, 2009, Maria Testani authorized her son Rino Testani to represent her at the hearing. Rino Testani, appeared on behalf of the applicant and gave a brief submission regarding the request. The Building Standards Department submitted the following written comments: Spiral stairs are less than 1.8m encroachment, as advised by applicant. There were no other 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 J. Cesario THAT Application No. A228/09 MARIA TESTANI, be APPROVED, in accordance with the attached sketch. Item 4. FILE NUMBER: A229/09 VAUGHAN WEST II LIMITED Part of Lots 7 & 8, Concession 9, (Blocks 39, 40 & 41, Registered Plan 65M-3992, municipally known as 500 Zenway Blvd., Woodbridge). The subject lands are zoned EM1, Prestige Employment Zone, subject to Exception 9(1255), under By-law 1-88, as amended. The applicant is requesting a variance to permit the maintenance of an existing industrial (manufacturing) building as follows: PROPOSAL: 1. To permit a minimum number of 158 parking spaces. 1. A minimum number of 235 parking spaces are required. Sam Speranza, Zzen Developments Ltd., appeared as the designated agent on behalf of the applicant and gave a brief submission regarding the request. Page 6 of 14
Item 4. FILE NUMBER: A229/09 VAUGHAN WEST II LIMITED The Building Standards Department submitted the following written comments: The original structure was built as a single use warehouse under Building Permit No. 08-2988. The Engineering Department submitted the following written comments: The Engineering Department has no objection to this application. The parking study submitted by itrans Transportation Planning & Engineering Consultants dated August 31, 2009, appears to be adequate based on supporting analysis provided in the Consultant s report. We agree with the conclusions reached in the study report and have no objection with the proposed parking supply. There were no other 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 J. Cesario THAT Application No. A229/09 VAUGHAN WEST II LIMITED, be APPROVED, in accordance with the attached sketch. Item 5. FILE NUMBER: A230/09 APPLICANTS: JOHN CONDELLO & ESTER CARDI Part of Lot 18, Concession 5, (Lot 79, Reg. Plan No. 65M-3498, municipally known as 93 Fox Hound Cres., Woodbridge). The subject lands are zoned RV4 (WS) under By-Law 1-88 as amended and further subject to exception 9(1019). DURING the agents submission it was agreed to amend the Application, Sketch, and Notice of Application by deleting the following: 3) Minimum rear yard setback to hot tub/ pool 0.4m. PROPOSAL: THEREFORE, the applicant is requesting variances to permit the maintenance of an existing deck with hot tub as follows: 1) Minimum rear yard setback to deck 0.075m. 2) Minimum interior sideyard setback to deck 0.075m. 3) Minimum rear yard setback to hot tub/ pool 0.4m. 1) 2) Minimum rear yard setback to deck 4.2m. 3) Minimum interior sideyard setback to deck 1.2m. 3) Minimum rear yard setback to hot tub/ pool 1.5m. John Condello & Ester Cardi, the applicants appeared on their own behalf and gave a brief submission regarding the request. They stated that they do not require the setback to the hot tub as the hot tub will be removed. They also indicated that there are no drainage issues as the deck has been in existence for many years. They submitted a petition of support from the following residents: Marco Romano 59 Tacc Trail, Woodbridge, Ontario, L4H 2H5; Gaetano Cautillo, 55 Tacc Trail, Woodbridge, Ontario, L4H 2H5; Fred & Lina Vecchio, 97 Fox Hound Cres., Woodbridge, Ontario, L4H 2H5. The Notice of Decision was not requested. Page 7 of 14
Item 5. FILE NUMBER: A230/09 APPLICANTS: JOHN CONDELLO & ESTER CARDI The Engineering Department submitted the following written comments: A site visit was conducted on September 30, 2009. The Engineering Department cannot support this application due to the fact that the existing deck and hot tub/pool location is encroaching onto a shared drainage swale. As a result, drainage from adjacent properties will be adversely affected. The Engineering Department requires a minimum of 0.6m sideyard setback for a drainage swale. There were no other comments/objections from any Departments or Agencies. The Committee is of the opinion that the variances sought, as amended, 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 MOVED by J. Cesario THAT Application No. A230/09 JOHN CONDELLO & ESTER CARDI, be APPROVED as AMENDED, in accordance with the attached sketch. Item 6. FILE NUMBER: A231/09 RITA AND JOE BRUNO Part of Lot 11, Concession 7, (Lot 78, Registered Plan No. M-1701, municipally known as 28 Torran Road, Woodbridge). The subject lands are currently zoned R1, Residential, under By-law 1-88 subject to Exception 9(145) as amended. To permit the construction of a proposed walk up and rear yard cantina addition to an existing two storey single family detached dwelling with the garage attached. PROPOSAL: 1. Maximum lot coverage = 22.8% 2. Minimum Rear Yard Setback = 1.8m 3. Pool to be located in the exterior side yard. 1. Maximum lot coverage = 20% 2. Minimum Rear Yard Setback = 7.5m 3. Pool to be located in the rear yard. Joe Bruno, the applicant, appeared on his own behalf and gave a brief submission regarding the request. The Building Standards Department made the following written comments: The information submitted in this application does not match the proposed lot coverage. 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 MOVED by J. Cesario THAT Application No. A231/09, RITA AND JOE BRUNO, be APPROVED, in accordance with the attached sketch. Page 8 of 14
Item 7. FILE NUMBER: A232/09 GALIP ELMAAGACLI Part of Lot 13, Concession 6, (Lot 22, Registered Plan No. 5757, municipally known as 318 Pine Valley Crescent, Woodbridge). The subject lands are currently zoned RR, Rural Residential, under By-law 1-88 as amended. To permit the construction of a two storey single family detached dwelling with the garage attached. PROPOSAL: 1. Maximum lot coverage = 16.84% 2. Minimum front yard setback = 11.79m 3. Minimum rear yard setback = 13.21m. 1. Maximum lot coverage = 10% 2. Minimum front yard setback = 15m 3. Minimum rear yard setback = 15m. On October 8, 2009 a letter of support was received from Ivonis De Meneghi, 306 Pine Valley Cres., Woodbridge, Ontario, L4l 2W6. On October 15, 2009 a letter of support was received from Marco Guglietti, 317 Pine Valley Cres., Woodbridge, Ontario, L4L 2W7. They did not request the Notice of Decision. A request for the Notice of Decision was submitted at the hearing from Angela Belcastro, 197 Blackburn Blvd., Woodbridge, Ontario, L4L 7J9. Richard Wengle, Richard Wengle Architect Inc., appeared as the designated agent on behalf of the applicant and gave a brief submission regarding the request. He presented to the Committee an elevation drawing and a list of other dwellings in the area that received greater lot coverage. THAT the dwelling be moved further to the rear, if the agent is in agreement. At this time the Committee chose to enter into discussion with the agent regarding the possibility of increasing the front yard setback by moving the dwelling further to the rear. During the discussion it was determined that this may have a greater impact on the neighbours to the rear (Blackburn Blvd), resulting in removing some of the mature buffering trees and perhaps resulting in a smaller rear yard setback requiring re-circulation of the application. It was agreed to hear the application as submitted and S. Krcmar withdrew his motion to amend the application for the front yard setback. The Committee is of the opinion that the variances sought, can be considered minor and are desirable for the MOVED by J. Cesario Seconded by L. Fluxgold THAT Application No. A232/09, GALIP ELMAAGACLI, be APPROVED, in accordance with the attached sketch Page 9 of 14
Item 8. FILE NUMBER: A233/09 MINTO COMMUNITIES (TORONTO) INC. Part of Lot 20, Concession 2, (Lot 157, Registered Plan No. 65M-4110, municipally known as 103 Shale Crescent, Maple). The subject lands are zoned RD3, Residential Detached Zone Three and subject to the provisions of Exception 9(1231) under By-law 1-88 as amended. During the applicant s submission it was agreed to amend the Application, Sketch, and Notice of Application by AMENDING the following: Proposal: 1. To permit an interior side yard setback of 1.0 metre NOT 0.66 metre PROPOSAL: To permit the construction of a two storey single family detached dwelling with the garage attached. 1. To permit an interior side yard setback of 1.0 metre to a covered and unenclosed porch. 2. To permit an interior side yard setback of 1.60 metres to the proposed dwelling. 1. A minimum interior side yard setback of 1.5 metres is required. 2. A minimum interior side yard setback of 3.5 metres is required. Dominic Damar, appeared as the designated agent on behalf of the applicant and gave a brief submission regarding the request. The Building Standards Department submitted the following written comments: A building permit has not been issued. 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. The Committee is of the opinion that the variances sought, can be considered minor and are desirable for the Seconded by L. Fluxgold THAT Application No. A233/09, MINTO COMMUNITIES (TORONTO) INC., be APPROVED, as amended, in accordance with the attached sketch. Item 9. FILE NUMBER: A234/09 RENATO AND ZORA PERHAT Part of Lot 8, Concession 8, (Lot 117, Registered Plan 65M-2157, municipally known as 19 Dunstan Crescent, Woodbridge). The subject lands are zoned R4, Residential, subject to Exception 9(328), under Bylaw 1-88, as amended. To permit the maintenance of an existing shed in the side yard of an existing onestorey single family detached with the garage attached. Page 10 of 14
Item 9. FILE NUMBER: A234/09 RENATO AND ZORA PERHAT PROPOSAL: 1. To permit an accessory structure to be located in the interior side yard. 2. To permit a minimum interior side yard setback of 0.30 m to an accessory structure. 3. To permit a minimum interior side yard setback of 1.1 m to an A/C unit. 1. An accessory structure must be located in the rear yard. 2. A minimum interior side yard setback of 1.2 m is required to an accessory structure. 3. A minimum interior side yard setback of 1.2 m is required to an A/C unit Dario Perhat, appeared as the designated agent on behalf of the applicant and gave a brief submission regarding the request. He stated that shed has been in existence for a number of years without any problems regarding drainage. The Engineering Department submitted the following written comments: A site visit was conducted on September 30, 2009. The Engineering Department cannot support this application due to the fact that the existing shed location is encroaching onto a shared drainage swale. As a result, drainage from adjacent properties will be adversely affected. The Engineering Department requires a minimum of 0.6m sideyard setback for a drainage swale. 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 Seconded by J. Cesario THAT Application No. A234/09, RENATO AND ZORA PERHAT, be APPROVED, in accordance with the attached sketch. Item 10. FILE NUMBER: A236/09 OMERS REALTY CORPORATION Part of Lots 3 & 4, Concession 9, (municipally known as 101 Royal Group Crescent, Woodbridge). The subject lands are currently zoned EM1, Prestige Employment Area, under By-law 1-88 subject to Exception 9(1013) as amended. To permit the re-construction of the rear wall to an existing industrial building, to increase the site area dedicated to truck and trailer loading/parking spaces. PROPOSAL: 1. Minimum parking spaces based on warehousing use in a single use building = 178 REQUIREMENT: 1. Required parking based on warehousing use in a single use building (19,311.83m2 @ 1/100) = 194 parking spaces BACKGROUND INFORMATION Consent Application Minor Variance Application Site Plan Application File # B058/06 APPROVED Nov. 23/06 (for creation of new industrial lot). Certificate issued March 28/07 File # A447/06, APPROVED Nov. 23/06, (Access is to be for the sole use of the owner, occupant or other persons entering the site (section 3.8a) & a minimum 6m aisle width.) File # DA.99.019, DA.99.047, DA.99.073, as REGISTERED ON FEB. 15/01, as instrument No. LT1581019 Page 11 of 14
Item 10. FILE NUMBER: A236/09 OMERS REALTY CORPORATION Philip Stewart, Pound & Stewart Associates Limited, appeared as the designated agent on behalf of the applicant and gave a brief submission regarding the request. The Building Standard Department submitted the following written comments: A building permit application has not been submitted for the proposed changes to the existing building. The Engineering Department submitted the following written comments: The Engineering Department has no comments regarding this application, however, the Planning Department at the City shall determine as to whether or not a parking study is required for the subject development. There were no other 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 MOVED by J. Cesario THAT Application No. A236/09, OMERS REALTY CORPORATION, be APPROVED, in accordance with the attached sketch. Item 11. FILE NUMBER: A237/09 PROPOSAL: REQUIREMENT: JENELLE C. MOTA AND BRIAN TIMOTHY Part of Lot 15, Concession 7, (Lot 45, Registered Plan 65M-2975, municipally known as 69 Alpha Court, Woodbridge). The subject lands are zoned R1, Residential, subject to Exception 9(827), under Bylaw 1-88, as amended. To permit the maintenance of a rear deck, attached to an existing two-storey single family detached dwelling. 1. To permit a minimum rear yard setback of 5.22 m to a deck. 1. A minimum rear yard setback of 5.7 m is required. Daniel Venturuzzo, Camber Design Inc., appeared as the designated agent on behalf of the applicants and gave a brief submission regarding the request. The Building Standard Department submitted the following written comments: We have no record of a building permit for the existing pool cabana. A permit is required for structures exceeding 10 m 2. The lands may be subject to Ontario Regulation 166/06 (TRCA). TRCA approval may be required. The Toronto & Region Conservation Authority submitted the following written comments: The subject property is partially regulated as a tributary of the Main Humber River and its associated Regional Storm Flood Plain traverse the TRCA owned lands adjacent to the rear lot line of the subject property. TRCA staff note that according to our mapping the conservatively estimated Regional Storm Flood Plain does not affect the subject property. However, given the age of the rear yard deck (approximately 15 years old), TRCA staff are unable to provide a permit for the structure. Page 12 of 14
Item 11. FILE NUMBER: A237/09 JENELLE C. MOTA AND BRIAN TIMOTHY In light of the above, TRCA staff have no comment on the above noted variance application, as submitted and do not recognize the structure as constructed. Notwithstanding the above, TRCA is requesting that the Committee require our fee of $345 to be paid as a condition of the variance. There were no other comments/objections from any Departments or Agencies and any conditions are listed below. The Committee is of the opinion that the variance sought, can be considered minor and is desirable for the Plan will be maintained Seconded by J. Cesario THAT Application No. A237/09, JENELLE C. MOTA AND BRIAN TIMOTHY, be APPROVED, in accordance with the attached sketch and subject to the following conditions: 1. That the applicant submit the variance application fee of $345.00 made payable to the Toronto and Region Conservation Authority, if required, to the satisfaction of the Toronto and 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.) VERY IMPORTANT: IT IS THE RESPONSIBILITY OF THE OWNER/APPLICANT AND/OR AGENT TO OBTAIN AND PROVIDE A CLEARANCE LETTER FROM EACH AGENCY AND/OR DEPARTMENT LISTED IN THE CONDITIONS WHETHER IF REQUIRED APPEARS IN THE CONDITION OR NOT, AND FORWARD THIS CLEARANCE LETTER TO THE SECRETARY-TREASURER AS SOON AS THE CONDITIONS ARE FULFILLED. FAILURE TO COMPLY WITH THIS PROCEDURE WILL RESULT IN A LETTER BEING FORWARDED BY THE SECRETARY-TREASURER INDICATING THIS FILE HAS LAPSED AND, THEREFORE, WILL NECESSITATE THAT A NEW APPLICATION BE SUBMITTED TO LEGALIZE THIS PROPERTY. THIS MINOR VARIANCE DECISION IS NOT A BUILDING PERMIT AUTHORIZING CONSTRUCTION UNDER THE BUILDING CODE ACT, R.S.O. 1990, AS AMENDED. A BUILDING PERMIT MAY BE REQUIRED. PLEASE CONTACT THE BUILDING STANDARDS DEPARTMENT IN THE EVENT THAT YOU REQUIRE FURTHER CLARIFICATION. Item 12. FILE NUMBER: A238/09 GLORIA SUGAR Part of Lot 8 Concession 2 (Lot 223, Registered Plan 65M-2721, municipally known as 27 Renaissance Court, Thornhill). The subject lands are zoned R1, Residential Zone One and subject to the provisions of Exception 9(773) under By-law 1-88 as amended. The applicant is requesting variances to permit the construction of an accessory structure (cabana) and pool as follows: Page 13 of 14
Item 12. FILE NUMBER: A238/09 PROPOSAL: BACKGROUND: GLORIA SUGAR 1. To permit a rear yard setback of 20.0 metres to a pool. 2. To permit an accessory structure (cabana) with a rear yard setback of 29.5 metres. 3. To permit an accessory structure (cabana) with a building height of 3.5 metres. 4. To permit an accessory structure (cabana) with a floor area of 28.8 square metres. 5. To permit an accessory structure (cabana) with an interior side yard setback of 2.28 metres. 6. To permit accessory structure (cabana) to be located partially in the interior side yard. 1. A minimum rear yard setback of 35.0 metres is required to a pool. 2. A minimum rear yard setback of 35.0 metres is required to an accessory structure. 3. A maximum building height of 2.5 metres is permitted for an accessory structure. 4. A maximum floor area of 10.0 square metres is permitted for an accessory structure. 5. A minimum interior side yard setback of 8.0 metres is required to an accessory structure. 6. An accessory structure shall be located entirely in the rear yard. The land which is subject to this application is/was also the subject of another application under the Planning Act: Minor Variance File No. A144/94 North Beach Developments Appr. Oct. 13/94 (Side yard (east side) setback of 7.83m) Alex Hubick, Gib-San Pools, appeared as the designated agent on behalf of the applicant and gave a brief submission regarding the request. The Building Standard Department submitted the following written comments: A building permit application has not been filed for the proposed accessory structure. The Ontario Building Code requires a building permit for structures that exceed 10m 2. Pool Permit # 09-3366 has not been issued for the proposed pool. The applicant shall be advised that additional variances may be required upon review of detailed drawings for building permit. An A/C unit and/or pool equipment shall be setback a minimum of 1.2 metres from the interior side lot line; and may encroach a maximum of 1.5 metres into the required rear yard or exterior side yard. The Committee is of the opinion that the variances sought can be considered minor and are desirable for the Plan will be maintained MOVED by J. Cesario THAT Application No. A238/09 GLORIA SUGAR, be APPROVED, in accordance with the attached sketches. OTHER BUSINESS: None. MOTION TO ADJOURN MOVED by J. Cesario THAT the meeting of Committee of Adjustment be adjourned at 7:00 p.m., and the next regular meeting will be held on OCTOBER 29, 2009. Page 14 of 14