The Minutes of the 2 nd.meeting of the Vaughan Committee of Adjustment for the year 2008 THURSDAY, JANUARY 31, 2008 Present at the meeting were: 6:05p.m. M. Mauti - Chair J. Cesario D. H. Kang M. S. Panicali Members of Staff present: Todd Coles, Secretary-Treasurer Anne Markovsky, Assistant to the Secretary-Treasurer Ryan Mino, Planner Frank Morea, Plans Examiner INTRODUCTION OF ADDENDUM REPORTS MOVED by J. Cesario 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 J. Cesario THAT the minutes of the Committee of Adjustment Meeting of Thursday, January 17, 2008, be adopted as circulated. It should be noted M. S. Panicali was not present at the January 17, 2008 meeting and did not take part in the adoption of these minutes. CARRIED ADJOURNMENTS AND/OR DEFERRALS NONE ADMINISTRATIVE CORRECTIONS NONE Page 1 of 9
(PREVIOUSLY ADJOURNED FROM THE NOVEMBER 22, 2007 MEETING) 1. FILE NO: A397/07 JOHN & ROSE VATTIATA A recap from the previous meeting. NOVEMBER 22, 2007. The Development Planning Department is of the opinion that the requested variances are not minor in nature and would facilitate the construction of a structure in the rear yard of the subject lands, which would represent an overdevelopment of the property. The structure is considered to be too large given the proposed setbacks, height, and total floor area for a rear yard of this size, and in the context of the existing development The variances are not considered to be minor in nature, are not consistent or compatible with the surrounding uses and are not appropriate for the proposed development on the subject lands. On this basis, the Development Planning Department does not support Minor Variance Application A397/07. The Committee suggested that the item be adjourned in order to allow time for the applicant / agent to meet with the Development Planning Dept. and discuss amendments to the application. After some discussion, all parties agreed to adjourn the application to the January 31, 2008 meeting. The Committee called this item for discussion; however, there was no representation. The Committee agreed to hear the item in the absence of the applicant and/or agent. Part of Lot 9, Concession 7, (Part of Lot 10, Plan No.M-1115, municipally known as 9 Birch Hill Road, Woodbridge.) Prior to the hearing the applicant s agent amended the Application, Sketch and Notice of Application as follows:..maximum lot coverage of 42.0%... NOT..maximum lot coverage of 47.4%....maximum height to the cabana peak of 4.94m NOT..maximum height to the cabana peak of 5.3m.. The subject lands are zoned R3, Residential under By-Law 1-88 as amended and further subject to exception 9(213). THEREFORE, the applicants are requesting variances to permit the construction of a rear yard pool cabana, as follows: Proposal: 1) A minimum interior sideyard setback to the cabana of 0.6m. 2) A minimum interior sideyard setback of 0.6m to stairs and deck attached to cabana. 3) A minimum rear yard setback of 0.6m to the cabana. 4) A maximum height of 5.3m 4.94m to the cabana peak. 5) A maximum floor area of 25.35m2. Page 2 of 9
6) Maximum lot coverage of 47.4%. 42% (PREVIOUSLY ADJOURNED FROM THE NOVEMBER 22, 2007 MEETING) Cont d. 1. FILE NO: A397/07 JOHN & ROSE VATTIATA By-Law Requirements: 1) A minimum interior sideyard setback to the cabana of 1.2m. 2) A minimum interior sideyard setback of 1.2m to stairs and deck attached to cabana. 3) A minimum rear yard setback of 7.5m to the cabana. 4) A maximum height of 2.5m to the cabana peak. 5) A maximum floor area of 8m2. 6) Maximum lot coverage of 40%. 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 No. Minor Variance File No. A96/83 Approved February 9, 1984 (Minimum front yard setback from porch stairs is 5.64m and minimum rear yard setback from deck is 5.04m, and maximum lot coverage is 25%.) A230/05 Approved September 8, 2005 for the construction of the new dwelling, with respect to building height of 11.5m There was no one in attendance either in support of or in opposition to the request. An accessory building or structure shall not be used as a dwelling unit. The Development Planning Department made the following written comments: Given the existing site conditions, and the fact that the applicant has reduced the height of the cabana and the lot coverage, this Department has no objection to the requested variances for the proposed pool cabana. 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, 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 Plan will be maintained. Seconded by J. Cesario THAT Application No A397/07 - JOHN & ROSE VATTIATA, be APPROVED, AS AMENDED in accordance with the sketch attached and subject to the following conditions: 1. That the applicant successfully obtain an Ontario Regulation 166/06 permit from the TRCA for the proposed cabana and in-ground pool, prior to the issuance of a municipal building permit, if required, to the satisfaction of the Toronto & Region Conservation; 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 3 of 9
2. FILE NO: A028/08 GLORIA A. CALDERON Part of Lot 16, Concession 8, (Block 78, Part 4, Registered Plan No. 65M-3292, municipally known as 71 Monte Carlo Drive, Woodbridge.) Prior to the hearing the applicant s agent amended the Sketch as follows:..the existing exterior side yard air conditioner to be re-located at the rear.. The subject lands are zoned RVM1(A), Residential Urban Village Multiple Dwelling Zone One (Street Townhouse), under By-Law 1-88 as amended and further subject to exception 9(988). The applicant is requesting a variance to permit the construction of exterior stairs to a side yard entrance of a two storey single family townhouse dwelling, with attached garage, notwithstanding, the proposed changes to the existing By-Law & current By-Law requirements are as follows: Proposal: 1. A 0.3m interior sideyard setback to the side entrance stairs. By-Law Requirements: 1. A 1.2m interior sideyard setback to the side entrance stairs An e-mail from the designated agent Fernando Alvarez was received January 11, 2008 confirming that the air conditioner unit presently located at the interior side yard will be re-located to the rear of the dwelling. A letter of objection, photographs and the request for the Notice of Decision was hand delivered from Cristina Canale Parola, 67 Monte Carlo Drive, Woodbridge, Ontario, L4H 1T3. Along with this letter there were approximately ten residents that signed a petition of objection. Fernando Alvarez, appeared as the designated agent on behalf of the applicant and gave a brief submission regarding the request. The Committee asked the agent as to the reason for this side entrance and if this will be used to accommodate basement apartment renters. The Committee further stated that this is a single family dwelling and tenants are not permitted. The agent stated the side entrance is for direct access to the basement and that the basement will not be rented. Cristina Canale Parola, 67 Monte Carlo Drive, Woodbridge, Ontario, L4H 1T3, appeared in opposition, referred to the letter she submitted earlier. Diane Schweder and Mary Caporrella, 72 Monte Carlo Drive, Woodbridge, Ontario, L4H 1T3, appeared in opposition to this application, and submitted the request for the Notice of Decision. To date, building order 07-593 is outstanding on file, and the dwelling to be used for single family dwelling purposes only, as defined in By-law 1-88. Building Standards confirmed that the order was related to the side door. The Development Planning Department made the following written comments: This Department advises the applicant that the interior side yard door which has been recently Page 4 of 9
constructed shall not be used for access to a basement apartment, as basement apartments are not permitted in the City of Vaughan. The Applicant is also required to relocate the existing air conditioning unit from the interior side yard to the rear yard as depicted in the application. Cont d. 2. FILE NO: A028/08 GLORIA A. CALDERON The Engineering Department made the following written comments: As per Engineering Department practices for rear to front drainage lots, a minimum of 0.6m side yard is required between a building structure and the property line in order to accommodate the drainage swale at the property line and away from the foundation wall. There was no one else in attendance either in support of or in opposition to the request. 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, AS AMENDED can be considered minor and is desirable for the appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will be maintained. THAT Application No A028/08 - GLORIA A. CALDERON, be APPROVED, AS AMENDED in accordance with the sketch attached and subject to the following conditions. 1. The air conditioning unit located within the 1.2m sideyard is to be relocated in compliance with by-law 1-88, to the satisfaction of the Building Standards 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.) 3. FILE NO: A029/08 PAUL & PAM LITMAN Part of Lot 34, Concession 1, (Lot 69, Registered Plan No. 65M-3195, municipally known as 180 Flamingo Road, Thornhill.) The subject lands are zoned R1, Residential Zone One and subject to the provisions of Exception 9(972) under By-law 1-88 as amended. The applicants are requesting a variance to permit the maintenance of a rear yard pool cabana, notwithstanding, the proposed changes to the existing By-Law & current By-Law requirements are as follows: Proposal: 1. To permit an accessory structure (pool cabana) with a building height of 3.96 metres. Page 5 of 9
Cont d. 3. FILE NO: A029/08 PAUL & PAM LITMAN By-Law Requirements: 1. A maximum building height of 2.5 metres is permitted for an accessory structure (pool cabana). On January 31, 2008 Rick Shapiro & Marcia Caplan, 186 Flamingo Rd., Thornhill, Ontario, L4J 8L6, hand delivered an objection letter, photographs and the request for the Notice of Decision. Allon Hollander, appeared as the designated agent on behalf of the applicants and gave a brief submission regarding the request. During the deputation the Committee agreed to adjourn this application to the February 14, 2008 meeting, in order for Engineering and Building Standards Departments to conduct a site visit and report their findings back to the Committee. Based on the objection letter above the Committee requested the Engineering Department investigate and determine if the ponding issue on the neighbour is the result of the cabana. The Building Standards Department is to investigate the complaint with respect to the plumbing within the cabana and also check the ponding issue. There was no one in attendance either in support of or in opposition to the request. Order to comply # 07-0388 for the construction of an accessory building ( containing plumbing) without a building permit remains active. There were no other comments/objections from any Departments or Agencies. THAT Application No A029/08 - PAUL & PAM LITMAN, be ADJOURNED to February 14, 2008 meeting. 4. FILE NO: A030/08 GRAND BOVINO INC., ATTEN: CONNIE & GIOCONDO NIRO Part of Lot 8, Concession 4, (Block 19, Registered Plan No. 65M-2696, municipally known as 100 MacIntosh Blvd., Unit # 4, Concord.) The subject lands are zoned EM2, General Employment Area under By-law 1-88 subject to Exception 9(526D) as amended. The applicants are requesting variances to permit the continued construction of a one storey building, Building B, consisting of four units, notwithstanding, the proposed changes to the existing By-Law & current By-Law requirements are as follows: Page 6 of 9
Cont d. 4. FILE NO: A030/08 GRAND BOVINO INC., ATTEN: CONNIE & GIOCONDO NIRO Proposal: Unit # 4 1. To permit the office of a regulated health professional. 2. To permit a retail sales area of 7.93% as an accessory use to the office of a regulated health professional. By-Law Requirements: Unit # 4 1. Office of a regulated health professional is not a permitted use. 2. Retail sales are permitted as accessory to an industrial employment use only Joseph Salvatore, replaced the designated agent Alice Bowman, appeared and gave a brief submission regarding the request. He stated that the owner s daughter will occupy Unit #4 as a regulated health professional, and asked that a site specific condition of approval for this use be placed for as long as the current occupant is there. A building permit application 07-6820 has been submitted for the construction of a second floor and the interior completion of Unit 4 which does not show any retail area. Building Permit Application 07-6820 must be amended to show retail area. A condition of approval was also requested. The Regulated Health Professional must submit proof of registration under the Regulated Health Professions Act. S.O. 1991, C.18 or as a drugless practitioner under the Drugless Practitioners Act, R.S.O. 1990 C.D.18 in accordance with By-law 1-88. The Development Planning Department made the following written comments: The applicant is requesting a minor variance to permit a use that is specifically excluded from the uses permitted in the EM2 Zone. The Development Planning Department does not consider the request to be minor in nature, nor does allowing a use that is not permitted in the particular zone meet the intent of the Zoning By-law. The applicant also has not demonstrated that the proposed uses (variance) will allow for an appropriate and desirable form of development or use of a building on the subject lands. On this basis, the application fails three of the four tests as stipulated in the Ontario Planning Act, and the Development Planning Department cannot support the above-noted minor variance application. There was no one in attendance either in support of or in opposition to the request. There were no other comments/objections from any Departments or Agencies. The Committee is of the opinion that the variances sought can 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. THAT Application No A030/08 - GRAND BOVINO INC., ATTEN: CONNIE & GIOCONDO NIRO, be REFUSED. Page 7 of 9
5. FILE NO: A031/08 CARLO BALDASSARRA Part of Lot 24, Concession 9, (Lot 6, Registered Plan No. M-1595, municipally known as 71 Putting Green Cres., Kleinburg). The subject lands are zoned RR, Rural Residential under By-Law 1-88 as amended. The purpose of this application is to request a variance to permit the construction of a two storey single family detached dwelling, notwithstanding, the proposed changes to the existing By-Law & current By-Law requirements are as follows: Proposal: 1. A maximum lot coverage of 14.64%. By-Law Requirements: 1. A maximum lot coverage of 10%. A request for the Notice of Decision was received from Albert La Rocca, 85 Putting Green Cres., Kleinburg, Ontario, L0J 1C0. Lou Parente, Napa Design Group, 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. A building permit has not been issued. A maximum driveway width of 9m on the lot and 6m at the curb may be permitted. A minimum of 50% of the front yard is to be landscaping. Architectural features such as driveway gate poles exceeding 1.8m in height shall be setback from a lot line an equal distance to their height. 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 appropriate development and use of the land. The general intent and purpose of the Bylaw and the Official Plan will be maintained. Seconded by J. Cesario THAT Application No. A031/08 - CARLO BALDASSARRA, be APPROVED, in accordance with the sketch attached. subject to the following: Page 8 of 9
OTHER BUSINESS None. MOTION TO ADJOURN Seconded by J. Cesario THAT the meeting of Committee of Adjustment be adjourned at 6:45 p.m., and the next regular meeting will be held on FEBRUARY 14, 2008. Page 9 of 9