Applicant: RAFFIC AND BIB MOHAMED. 95 Flushing Avenue, Woodbridge

Transcription

1 File: A373/12 Item # 20 Ward #3 Applicant: RAFFIC AND BIB MOHAMED Address: Agent: 95 Flushing Avenue, Woodbridge NONE Comments/Conditions: Commenting Department Comment Condition of Approval Building Standards Development Planning Engineering TRCA PowerStream Other - Other - Legend: - Positive Comment - Negative Comment Prepared By: Lenore Providence

2 COMMITTEE OF ADJUSTMENT 2141 Major Mackenzie Drive, Vaughan, Ontario, L6A 1T1 Tel [905] Fax [905] NOTICE OF APPLICATION MINOR VARIANCE FILE NUMBER: A373/12 APPLICANT: PROPERTY: ZONING: PURPOSE: PROPOSAL: BY-LAW REQUIREMENT: RAFFIC AND BIBI MOHAMED Part of Lot 13, Concession 6 (Lot 143, Registered Plan 65M-2701 municipally known as 95 Flushing Avenue, Woodbridge) The subject lands are zoned R2, Residential Zone and subject to the provisions of Exception 9(769) under By-law 1-88 as amended. To permit the maintenance of the existing gazebo, shed, pergola and air conditioning unit. 1. To maintain a maximum 22.4m 2 accessory structure (shed). 2. To maintain a maximum accessory structure height of 2.7 m (shed). 3. To maintain a minimum rear yard setback of 0.82m for the shed. 4. To maintain a minimum south interior side yard setback of 0.91m for the shed. 5. To maintain a maximum 16.64m 2 accessory structure (gazebo). 6. To maintain a maximum accessory structure height of 3.22m (gazebo). 7. To maintain a minimum rear yard setback of 2.87m for the gazebo. 8. To maintain a minimum rear yard setback of 0.3m for the pergola. 9. To maintain a minimum interior side yard setback of 0.67m for the A/C unit. 10. To maintain rear yard eaves encroachment of 0.53m for the shed. 11. To maintain southerly interior side yard eaves encroachment of 0.34m for the shed. 1. A maximum accessory structure of 10m 2 is permitted (shed). 2. A maximum height of 2.5m is permitted for an accessory structure (shed). 3. A minimum rear yard setback of 7.5m is required for the shed. 4. A minimum interior side yard setback of 1.5m is required for the shed. 5. A maximum accessory structure of 10m 2 is permitted (gazebo). 6. A maximum height of 2.5m is permitted for an accessory structure (gazebo). 7. A minimum rear yard setback of 7.5m is required for the gazebo. 8. A minimum rear yard setback of 2.2m is required for the pergola (equal to the height). 9. A minimum interior side yard setback of 1.2 m is required for the A/C unit. 10. A maximum rear yard eaves encroachment of 0.3m is permitted for the shed. 11. A maximum interior side yard eaves encroachment of 0.3m is permitted for the shed. A sketch is attached illustrating the request. This application will be heard by the Committee of Adjustment on the date and time shown below. DATE: THURSDAY, DECEMBER 6, 2012 TIME: 6:00 PM LOCATION: COMMITTEE ROOM 242/243 (2 nd Floor) VAUGHAN CITY HALL 2141 MAJOR MACKENZIE DRIVE VAUGHAN, ONTARIO L6A 1T1 You are invited to attend this public hearing in person to express your views about this application or you may be represented by counsel for that purpose. If you do not attend at the hearing it may proceed in your absence and, except as otherwise provided in the Planning Act, you will not be entitled to any further notice of the proceedings. If you wish to be notified of the decision of the Committee of Adjustment with respect to this application, you must complete the attached Request for Decision form and submit it to the Secretary-Treasurer. Additional information is available from the Committee of Adjustment staff between 8:30 a.m. and 4:30 p.m. Monday to Friday at the Committee of Adjustment, Clerks Department: Tel:(905) /Fax: (905) If you wish to make written comments on this application they may be forwarded to the Secretary - Treasurer of the Committee of Adjustment PRIOR TO THE MEETING. Your comments are collected under the legal authority of the Planning Act, R.S.O. 1990,Chapter c. P.13, as amended. Your comments in respect to this application becomes the property of the City of Vaughan and will become part of the decision making process of the application as noted on this form. Pursuant to Section 27 of the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M.56, as amended, public feedback to planning proposals is considered to be a public record and may be disclosed to any individual upon request in accordance with Section 27 of the Municipal Freedom of Information and Protection Privacy Act, R.S.O. 1990, c. M.56, as amended. Questions about this collection should be directed to the Secretary-Treasurer, Vaughan Committee of Adjustment, Clerk s Department, 2141 Major Mackenzie Drive, Vaughan, Ontario; L6A 1T1 (905) x Todd Coles, BES, MCIP, RPP Manager of Development Services and DATED THIS 21 st DAY OF NOVEMBER, Secretary-Treasurer to Committee of Adjustment Form 9 Agenda packages will be available prior to hearing at:

3 1. To maintain a maximum 22.4m2 accessory structure (shed). 2. To maintain a maximum accessory structure height of 2.7 m (shed). 3. To maintain a minimum rear yard setback of 0.82m for the shed. 4. To maintain a minimum south interior side yard setback of 0.91m for the shed. 5. To maintain a maximum 16.64m2 accessory structure (gazebo). 6. To maintain a maximum accessory structure height of 3.22m (gazebo). 7. To maintain a minimum rear yard setback of 2.87m for the gazebo. 8. To maintain a minimum rear yard setback of 0.3m for the pergola. 9. To maintain a minimum interior side yard setback of 0.67m for the A/C unit. 10. To maintain rear yard eaves encroachment of 0.53m for the shed. 11. To maintain southerly interior side yard eaves encroachment of 0.34m for the shed PROPOSAL: 0.58 m 0.91 m 0.34 m 0.82 m 0.36 m 0.53 m A373/ SHED SURFACE 11.5 m m 0.99 m OCTAGON GAZEBO m m m PERGOLA max Area 5.29 m2 5 North elevation East elevation 5.79 m 7.59 m 2.10 m 2.20 m 2.47 m PERGOLA West elevation South elevation East elevation North elevation 3.43 m 3.44 m 2.70 m SHED 6.58 m m SETBACK LINE (7.5 m) m LOT 143 Owner: Mr Raffic and Mrs Bibi M. Drawing Name: Minor variance Proposed Plan 95 Flushing Ave. Vaughan ON L4L 8H7 Project Name: Simple Drafting m m 1.63 m 7.40 m AIR CONDITION UNIT EXISTING BUILDING CONTOUR m LEGAL 8.5x14 MV 01 inches 001 Drawing No: Paper Size: Units: Imperial inches Sht: Rev: 1/16" - 1' Scale: Stamp: Approved By: Date Approved: Drawn By: Eui Young kwak Checked By: Date Drawn: Nov Date Checked: SKETCH OF SURVEY LOT 143 PLAN 65M-2701 TOWN OF VAUGHAN REGIONAL MUNICIPAL OF YORK 8.28 m SIDEWALK 65'-7 1 2" (20.00 m) 95 FLUSHING SETBACK LINE (7.5 m) N SIDEWA

4 95 FILE NUMBER: A373/12 COMMITTEE OF ADJUSTMENT 2141 Major Mackenzie Drive, Vaughan, ON L6A 1T1 Phone: (905) Fax: (905) APPLICANT: RAFFIC AND BIBI MOHAMED Subject Area Municipally known as 95 Flushing Avenue, Woodbridge

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6 3.0 MORTGAGEES, HOLDERS OF CHARGES OR OTHER ENCUMBRANCES 3.1 Name: TD Canada Trust (Weston & Rutherford) Address: 9200 Weston Road Town/City, Province: Woodbridge, ON Postal Code: L4H 2P8 4.0 PURPOSE OF THE APPLICATION 4.1 What is the purpose of the application? Please select the appropriate type: To permit the construction of To permit the maintenance of two existing sheds To permit the continued construction of gazebo, shed and front balcony To facilitate the severance of the total lands. This variance pertains to the: SUBJECT lands. RETAINED lands. 5.0 BY-LAW REQUIREMENTS/PROPOSED CHANGES 5.1 What are the By-law requirements: 1. To maintain a maximum 22.4m 2 accessory structure (shed). 2. To maintain a maximum accessory structure height of 2.7 m (shed). 3. To maintain a minimum rear yard setback of 0.82m for the shed. 4. To maintain a minimum south interior side yard setback of 0.91m for the shed. 5. To maintain a maximum 16.64m 2 accessory structure (gazebo). 6. To maintain a maximum accessory structure height of 3.22m (gazebo). 7. To maintain a minimum rear yard setback of 2.87m for the gazebo. 8. To maintain a minimum rear yard setback of 0.3m for the pergola. 9. To maintain a minimum interior side yard setback of 0.67m for the A/C unit. 10. To maintain rear yard eaves encroachment of 0.53m for the shed. 11. To maintain southerly interior side yard eaves encroachment of 0.34m for the shed. 5.2 Proposed changes to the By-law requirements: 1. A maximum accessory structure of 10m 2 is permitted (shed). 2. A maximum height of 2.5m is permitted for an accessory structure (shed). 3. A minimum rear yard setback of 7.5m is required for the shed. 4. A minimum interior side yard setback of 1.5m is required for the shed. 5. A maximum accessory structure of 10m 2 is permitted (gazebo). 6. A maximum height of 2.5m is permitted for an accessory structure (gazebo). 7. A minimum rear yard setback of 7.5m is required for the gazebo. 8. A minimum rear yard setback of 2.2m is required for the pergola (equal to the height). 9. A minimum interior side yard setback of 1.2 m is required for the A/C unit. 10. A maximum rear yard eaves encroachment of 0.3m is permitted for the shed. 11. A maximum interior side yard eaves encroachment of 0.3m is permitted for the shed. 5.3 Why is it not possible to comply with the provisions of the By-law?: Because the gazebo is already 90% built. 6.0 DESCRIPTION OF SUBJECT LANDS 6.1 Legal description of the subject lands: Ward #: 3 Municipal Address: 95 Flushing Avenue, Woodbridge Block Map #: 38 Lot(s)/Block(s) #: 143 Registered Plan #: 65M-2701 Part of Lot(s): 13 Concession: 6 Other legal description, if applicable: V-2 OF 11 Revised March, 2011

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12 NEW Received November 14, 2012 A373/12 Roof overhang to West Fender 1'-10" (0.53 m) Concrete Slab to West fender 2'-2" (0.66m) Shed to West Fender 3'-3 1 2" (1.0m) Shed to West Fender 2'-8 1 2" (0.83 m) Roof Overhang to West Fender 1'-0" (0.3m) Concrete Slab to West Fender 1'-4 1 2" (0.42m) Concrete Slab to South Fender " (0.3 m) 3'-0" SHED SURFACE 11.5 m2 roof surface 22 m2 Line of above Roof O.H. 2'-9" (0.84 m) Roof Overhang to South Fender 1'-11" (0.58 m) Simple Drafting Project Name: 95 Flushing Ave. Vaughan ON L4L 8H7 Drawing Name: SITE PLAN 4 Owner: Mr Raffic and Mrs Bibi M. Drawn By: Eui Young kwak Checked By: Date Drawn: Nov Date Checked: Approved By: Date Approved: Scale: 3/16" - 1' Stamp: Drawing No: Paper Size: Units: Imperial inches Sht: Rev: Ansi B SP04 11x17 inches 001

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15 RECEIVED November 26, 2012 VAUGHAN COMMITTEE OF ADJUSTMENT Page 1 of 2 DATE: November 26, 2012 TO: Todd Coles, Committee of Adjustment FROM: Grant Uyeyama, Director of Development Planning Development Planning Department MEETING DATE: December 6, 2012 OWNER: Raffic & Bibi Mohamed FILE(S): A373/12 Location: Proposal: 95 Flushing Avenue, Woodbridge Ward 3, Vicinity of Rutherford Road and Weston Road The Owner is requesting permission to maintain a shed, gazebo, pergola and A/C unit with the following variances: Variance Proposed Required 1 Maximum area of shed 22.4m 2 10m 2 2 Maximum height of shed 2.7m 2.5m 3 Minimum rear yard setback to shed 0.82m 7.5m 4 Maximum rear yard eaves 0.53m 0.3m encroachment for shed 5 Maximum southerly interior side 0.34m 0.3m yard eaves encroachment for shed 6 Minimum southerly interior side 0.91m 1.5m yard setback to shed 7 Maximum area of gazebo 16.64m 2 10m 2 8 Maximum height of gazebo 3.22m 2.5m 9 Minimum rear yard setback to 2.87m 7.5m gazebo 10 Minimum rear yard setback to 0.3m 2.2m pergola (setback distance equal to its height) 11 Minimum interior side yard setback to A/C unit 0.67m 1.2m Official Plan: Comments: The subject lands are designated Low Density Residential by in-effect OPA #240 (Woodbridge Community Plan). The subject lands are also designated Low-Rise Residential by the new City of Vaughan Official Plan 2010, which is subject to approval from the Ontario Municipal Board. The proposal conforms to the policies of the Official Plan. The Development Planning Department conducted a site visit with photo documentation on November 20, The subject lands are developed with a two-storey single detached dwelling located on the west side of Flushing Avenue. The Development Planning Department has no objections to the height, area and location of the existing shed and gazebo. The shed and gazebo, as-built, are consistent with the massing and scale of the surrounding neighbourhood. In addition, adjacent properties to the south and west have constructed sheds similar in location and height. The gazebo is an unenclosed structure that provides minimal visual impact on abutting properties. The pergola, as-built, is an open and unenclosed structure located adjacent to a shed in the rear yard of the abutting Development Planning Department I City of Vaughan I 2141 Major Mackenzie Drive I Vaughan, ON L6A 1T1 T: I F: I

16 Page 2 of 2 property to the west. On this basis, the Development Planning Department has no objections to the height or location of the pergola. The Development Planning Department is of the opinion that the proposal is minor in nature, meets the intent of the Zoning By-law, and is desirable for the appropriate development of the land. Recommendation: Condition(s): The Development Planning Department supports Minor Variance Application A373/12. None. Report Prepared By: Mark Antoine, Planner 1 Carmela Marrelli, Senior Planner Development Planning Department I City of Vaughan I 2141 Major Mackenzie Drive I Vaughan, ON L6A 1T1 T: I F: I

17 RECEIVED November 9, 2012 VAUGHAN COMMITTEE OF ADJUSTMENT 2141 Major Mackenzie Drive Vaughan, Ontario Canada L6A 1T1 Tel (905) To: Committee of Adjustment From: Moira Coughlan, Building Standards Department Date: November 7, 2012 Name of Owner: Raffic & Bibi Mohamed Location: 95 Flushing Ave Lot M-2701 File No.(s): A373/12 Zoning Classification: Proposal: The subject lands are zoned R2, Residential Zone and subject to the provisions of Exception 9(769) under By-law 1-88 as amended. 1. To maintain a maximum 22.4m 2 accessory structure (shed). 2. To maintain a maximum accessory structure height of 2.7 m (shed). 3. To maintain a minimum rear yard setback of 0.82m for the shed. 4. To maintain a minimum south interior side yard setback of 0.91m for the shed. 5. To maintain a maximum 16.64m 2 accessory structure (gazebo). 6. To maintain a maximum accessory structure height of 3.22m (gazebo). 7. To maintain a minimum rear yard setback of 2.87m for the gazebo. 8. To maintain a minimum rear yard setback of 0.3m for the pergola. 9. To maintain a minimum interior side yard setback of 0.67m for the A/C unit. 10. To maintain rear yard eaves encroachment of 0.53m for the shed. 11. To maintain southerly interior side yard eaves encroachment of 0.34m for the shed. By-Law Requirements: 1. A maximum accessory structure of 10m 2 is permitted (shed). 2. A maximum height of 2.5m is permitted for an accessory structure (shed). 3. A minimum rear yard setback of 7.5m is required for the shed. 4. A minimum interior side yard setback of 1.5m is required for the shed. 5. A maximum accessory structure of 10m 2 is permitted (gazebo). 6. A maximum height of 2.5m is permitted for an accessory structure (gazebo). 7. A minimum rear yard setback of 7.5m is required for the gazebo. 8. A minimum rear yard setback of 2.2m is required for the pergola (equal to the height). 9. A minimum interior side yard setback of 1.2 m is required for the A/C unit. 10. A maximum rear yard eaves encroachment of 0.3m is permitted for the shed. 11. A maximum interior side yard eaves encroachment of 0.3m is permitted for the shed. Staff Comments: Stop Work Orders and Orders to Comply: Order to comply # for gazebo in rear yard and front porch balcony built without a permit. Building Permits Issued: A building permit application has been received for balcony, shed and gazebo # Other Comments: 1) As the eaves exceed 0.3m, the area of the shed has been calculated to include the overhang. 2) Calculations have been based on the drawings provided for building permit application # ) Applicant has informed staff verbally of pergola height, no drawings were provided. 4) The applicant shall be advised that additional variances may be required upon review of detailed drawings for building permit/site plan approval. Conditions of Approval: If the committee finds merit in the application, the following conditions of approval are recommended. None * Comments are based on the review of documentation supplied with this application.

18 DATE: November 28, 2012 RECEIVED November 28, 2012 VAUGHAN COMMITTEE OF ADJUSTMENT TO: FROM: Todd Coles, Committee of Adjustment Nadia Porukova, Development/Transportation Engineering MEETING DATE: December 6, 2012 OWNER: Raffic and Bibi Mohamed FILE(S): Minor Variance Application A373/12 Location: Proposal: 95 Flushing Avenue 1. To maintain a maximum 22.4m 2 accessory structure (shed). 2. To maintain a maximum accessory structure height of 2.7m (shed). 3. To maintain a minimum rear yard setback of 0.82m for the shed. 4. To maintain a minimum south interior side yard setback of 0.91m for the shed. 5. To maintain a maximum 16.64m 2 accessory structure (gazebo). 6. To maintain a maximum accessory structure height of 3.22m (gazebo). 7. To maintain a minimum rear yard setback of 2.87m for the gazebo. 8. To maintain a minimum rear yard setback of 0.3m for the pergola. 9. To maintain a minimum interior side yard setback of 0.67m for the A/C unit. 10. To maintain rear yard eaves encroachment of 0.53m for the shed. 11. To maintain southerly interior side yard eaves encroachment of 0.34m for the shed. Comments: The Development/Transportation Engineering Department conducted site visit on November 26, The existing concrete pad of the shed has 0m rear yard setback and 0m south side yard setback. A timber retaining wall has been constructed along the west property line with north and south returns. Both the concrete pad of the shed and the retaining wall are encroaching onto a shared drainage swale. As a result, drainage from adjacent properties may be adversely affected. The Development/ Transportation Engineering Department requires that a minimum side yard setback of 0.6m is provided to the concrete pad of the shed and retaining wall for a drainage swale to the satisfaction of the Development/Transportation Engineering Department. Also, the excess fill located on the south property line needs to be removed off-site and the area should be graded and sodded to meet the existing elevations. The location of the gazebo, pergola and the air conditioning unit will not interfere with the approved drainage pattern. Conditions: A minimum side yard setback of 0.6m to be provided to the concrete pad of the shed and retaining wall for a drainage swale to the satisfaction of the Development/Transportation Engineering Department. The excess fill located on the south property line to be removed off-site and the area to be graded and sodded to the satisfaction of the Development/Transportation Engineering Department. O:\Committee of Adjustment - Development Services\00 Electronic Documents\Building Comments\A Engineering comments.doc

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