The Minutes of the 22nd Meeting of the Vaughan Committee of Adjustment for the year 2002 THURSDAY, DECEMBER 12, :00p.m.

Transcription

1 The Minutes of the 22nd Meeting of the Vaughan Committee of Adjustment for the year 2002 THURSDAY, DECEMBER 12, 2002 Present at the meeting were: 6:00p.m. T. DeCicco K. Connell (left at 7:05pm) L. Fluxgold M. Mauti S. Perrella Members of Staff present: Dianne E.L. Grout, Secretary-Treasurer Lenore Providence, Assistant to the Secretary-Treasurer Glenn White, Planner Craig Coulter, Plans Examiner INTRODUCTION OF ADDENDUM REPORTS MOVED by S. Perrella Seconded by K. Connell 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 T. DeCicco declared a conflict of interest with respect to Item # s 18-20, File Nos. B83/02, A440/02 and A441/02, ONTARIO LTD. ADOPTION OR CORRECTION OF MINUTES MOVED by S. Perrella Seconded by T. DeCicco THAT the minutes of the Committee of Adjustment Meeting of Thursday, November 7, 2002, be adopted as circulated. CARRIED It should be noted that K. Connell Abstained from voting as she was not present during the November 7, 2002, meeting. MOVED by M. Mauti Seconded by K. Connell THAT the minutes of the Committee of Adjustment Meeting of Thursday, November 21, 2002, be adopted as circulated. CARRIED It should be noted that T. DeCicco and L. Fluxgold abstained from voting as they were not present during the November 21, meeting. Page 1 of 26

2 ADJOURNMENTS AND/OR DEFERRALS A fax was received from Rino Filippi, the applicant, regarding Item # 6, RINO & TERESA FILIPPI, File No. A410/02, requesting that this application BE ADJOURNED SINE DIE, in order for the applicant to resolve issues with TRCA. A letter was received from Giuseppina Ferrari, the applicant, regarding Item # 9, GIUSEPPINA FERRARI, File No. A427/02, requesting that this application BE ADJOURNED SINE DIE, in order for the applicant to resolve issues with their neighbours and to determine amendments to the application. A fax was received from Diana Mastrangelo, the applicant, regarding Item # 10, DIANA L. MASTRANGELO, File No. A430/02, requesting that this application BE ADJOURNED TO the JANUARY 9, 2003 meeting, as she will not be able to attend the meeting. A fax was received from Leo Orofino, the agent, regarding Item # 11, MARK RICE, regarding File No. A436/02, requesting that this application BE ADJOURNED TO the JANUARY 9, 2003 meeting, in order for the applicant to resolve issues regarding the possibility of additional variances. A fax was received from Robert De Angelis, the agent, regarding Item # 21, HELFA GRAAF, File No. B85/02, requesting that this application BE ADJOURNED SINE DIE, in order for the applicant to file for Zoning amendment. A fax was received from John Taglieri the agent, regarding Item # 25, MARY BORGO, File No. B90/02, requesting that this application BE ADJOURNED SINE DIE, in order for the applicant to resolve issues with TRCA and the City of Vaughan Planning Department. An was received from Peter Vishnovsky, the agent, regarding Item # 36, ESTHER KARLIN, File No. A450/02, requesting that this application BE ADJOURNED TO The JANUARY 9, 2003 meeting, in order for the applicant to resolve issues with TRCA. A faxed letter was received from Remo Agostino, the agent regarding Item # s 33 and 34, ONTARIO LTD. (Operating as Regency Heights (Maplewood) Inc.) File Nos A447/02 and A448/02 requesting that these applications BE EARLIER ON IN THE MEETING, as he has another meeting to attend. MOVED by S. Perrella Seconded by K. Connell THAT regarding Item # 6, RINO & TERESA FILIPPI, File No. A410/02, BE ADJOURNED SINE DIE. THAT Item # 9, GIUSEPPINA FERRARI, File No. A427/02, BE ADJOURNED SINE DIE. THAT Item # 10, DIANA L. MASTRANGELO, File No. A430/02, BE ADJOURNED TO the JANUARY 9, 2003 meeting. THAT Item # 11, MARK RICE, regarding File No. A436/02, BE ADJOURNED TO the JANUARY 9, 2003 meeting. THAT Item # 21, HELFA GRAAF, File No. B85/02, BE ADJOURNED SINE DIE. THAT Item # 25, MARY BORGO, File No. B90/02, BE ADJOURNED SINE DIE. THAT Item # 36, ESTHER KARLIN, File No. A450/02, BE ADJOURNED TO The JANUARY 9, 2003 meeting. THAT Item # s 33 and 34, ONTARIO LTD. (Operating as Regency Heights (Maplewood) Inc.) File Nos A447/02 and A448/02, BE HEARD EARLIER ON THE AGENDA. Page 2 of 26

3 ADMINISTRATIVE CORRECTIONS ITEM NO. 24 FILE NO. B88/02 APPLICANT: ROSA MALFARA NOTICE OF APPLICATION - CIRCULATED NOVEMBER 28 TH MOVED by S. Perrella Seconded by K. Connell SHOULD READ: addition to an existing lot taken into the title of the lands to the East (121 Crestwood Rd), for residential purposes, together with all required easements and right of ways, if required,... NOT: addition to an existing lot taken into the title of the lands to the East (121 Crestwood Rd), for residential purposes.. 1. FILE NO.: A414/ KEELE STREET LTD. (Adjourned from Oct. 24/02). Part of Lot 17, Concession 3 (Part 1, Plan 65R-18536, municipally known as 9519 Keele Street, Maple.). PROPOSAL The subject lands are zoned RA2, Apartment Residential and subject to the provisions of Exception Number 9(1098) under By-law 1-88 as amended. The applicant is requesting variances to permit the construction of a proposed four storey, 100 unit condominium building, notwithstanding, the nature of the proposed variances, the proposed changes to the existing By-law and the current By-law requirements are as follows: PROPOSED CHANGES Minimum front yard setback 3.5 metres (abutting Keele Street) Maximum 4.0 storeys Minimum 7.0 metre setback from OS1 zone to the proposed covered porches (easterly side) Minimum 19.0 metre setback from Fieldgate Road Minimum front yard setback 2.3 metres from Fieldgate Road (for temporary sales office and model suite trailer only) BY-LAW REQUIREMENTS Minimum front yard setback 7.5 metres Maximum 3.0 storeys Minimum 10.0 metre setback from OS1 zone to the proposed covered porches Minimum setback of 21.0 metres from Fieldgate Road Minimum front yard setback 7.5 metres is required from Fieldgate Road (for temporary sales office and model suite trailer only) This file was previously adjourned SINE DIE from the October 24, 2002 meeting. Other Planning Act Applications: Consent Applications, File Nos. B12/94 to B15/94 APPROVED March 3, 1994 (Creation of a new lot). Consent Application, File No. B48/91 APPROVED October 17, 1991 (FILE LAPSED) Fausto Rossetto, the agent, appeared on behalf of the applicant. Page 3 of 26

4 1. FILE NO.: A414/ KEELE STREET LTD. (Adjourned from Oct. 24/02) There were no objections from any Departments or Agencies, and any conditions requested are listed below. The Committee is of the opinion that the variances sought can be considered minor and are desirable for the 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 T. DeCicco THAT Application No: A414/ KEELE STREET LTD., be APPROVED substantially, in accordance with the sketch attached and subject to the following conditions: 1. That the variance for the increase in the number of storeys and decrease in required yard setbacks is conditional upon the building being shown on the proposed drawings forming part of the building permit application in accordance with the requested variance as shown on the attached sketch forming part of this application, to the satisfaction of the Building Standards Department. 2. That if the conditions listed above are not fulfilled within (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 AND FEE BE SUBMITTED TO LEGALIZE THIS PROPERTY. 2. FILE NO.: MR. ENRICO AND MORMA TROMBETTA (Adjourned from Nov 7/02). Part of Lot 5, Concession 8, (Lot 103, Registered Plan No. 65M-2807, municipally known as 1 Tasha Court, Woodbridge.) PROPOSAL During the applicant s submission it was agreed to amend the Application, Notice of Application and Sketch by adding three steps and an operable gate between the property to the north, (Lot 102).. The subject lands are zoned R3, Residential under By-law 1-88 as amended. Page 4 of 26

5 2. FILE NO.: MR. ENRICO AND MORMA TROMBETTA (Adjourned from Nov 7/02). THEREFORE, the applicant is requesting variances to permit the maintenance of a wooden deck, three steps and an operable gate, to a two storey single family detached dwelling, with attached garage, notwithstanding, the minimum rear yard setback to the deck is 5.3m, minimum interior side yard setback to the deck is 0.0m, rather than the By-law requires minimum rear yard setback to the deck of 5.7m, minimum interior side yard setback to the deck of 1.2m. A sketch is attached illustrating the request. Gary Trombetta, the agent, appeared on behalf of the applicant and gave a brief submission regarding the request. Mr. Trombetta, submitted a second petition in support of the deck, from the following people: PAUL DIFIORE 7476 KIPLING AVE L4L 1Y4 105 VENETO DR L4L 5X8 C. GUGLIARI 7576 KIPLING AVE L4L 1Y4 P. BOSCO 18 TASHA CRT L4L 8P1 14 TASHA CRT L4L 8P2 6 TASHA CRT L4L 8P KIPLING AVE L4L 1Y4 DI TOMASSO FAMILY 58 NADIA AVE L4L 8P2 E. TESOLIN 38 TASHA CRT L4L 8P1 E. VASCONEZ 341 VENETO DR L4L 8X8 BILL BALKO 78 NADIA AVE L4L 8N9 29 NADIA AVE L4L 8P KIPLING AVE L4L 1Y4 57 BIRCH MEADOW OUTLOOK L4L 3H5 G. TOVIOLO 11 TASHA CRT L4L 8P KIPLING AVE L4L 1Y4 MORO FAMILY 61 TASHA CRT L4L 8P1 U. FERRI 7566 KIPLING AVE L4L 1Y4 21 NADIA AVE WOODBRIDGE, ONTARIO L4L 8P2 Mr. Trombetta told the Committee that the deck was built 10 years ago. There were discussions regarding some details of the deck, then the Committee asked Mr. Trombetta if stairs and a functional gate can be provided. Mr. Trombetta told the Committee it was possible and that he would be agreeable to constructing the stair and an operable gate. Page 5 of 26

6 2. FILE NO.: MR. ENRICO AND MORMA TROMBETTA (Adjourned from Nov 7/02). A petition in support of the application was submitted at the November 7, 2002 hearing by the agent from the following people: 21 NADIA AVE L4L 8P2 C. LA VALLE 17 TASHA CRT L4L 8P KIPLING AVE L4L 1Y4 F. CRUPI 10 TASHA CRT L4L 8P2 S 25 NADIA AVE L4L 8P2 U. FERRI 7566 KIPLING AVE L4L 1Y4 G. TOVIOLO 11 TASHA CRT L4L 8P KIPLING AVE L4L 1Y4 MORO FAMILY 61 TASHA CRT L4L 8P1 The Planning Department made the following written comments: The Community Planning Department does not support the concept of not providing any setback. This department does not support the 0.0m interior side yard setback to the deck. This is not minor. It is noted that if the applicant proposed the required interior side yard of 1.2m, this department could support the proposed rear yard setback. There were no other 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 S. Perrella THAT Application No: ENRICO & NORMA TROMBETTA, be APPROVED, substantially, AS AMENDED, in accordance with the sketch attached. CONSENT PUBLIC HEARING: 3. FILE NOS.: B77/02 TO B82/02 to YORK MAJOR HOLDINGS INC. (Whole owner of Avondale Industrial Park II Inc. 8. and Avondale Industrial Park III Inc.) c/o Duane Aubie Part of Lots 26 & 27, Concession 3, (municipally located near Keele St. & Teston Rd). PROPOSALS B77/02 to B79/02 -- The purpose of this application is to request the consent of the Committee of Adjustment to convey a parcel of land for the creation of a new lot, together with all required easements and right of ways, for industrial purposes, and retain lands sketch for industrial purposes. Page 6 of 26

7 CONSENT PUBLIC HEARING: 3. FILE NOS.: B77/02 TO B82/02 to YORK MAJOR HOLDINGS INC. (Whole owner of Avondale Industrial Park II Inc. 8. and Avondale Industrial Park III Inc.) c/o Duane Aubie B80/02 to B82/02 -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 lands for industrial purposes. Currently the all the subject lands and retained lands are vacant. The subject lands are zoned M1, Restricted Industrial, 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 Application File No. B77/02 to B79/02 Creation of a new Lot Heard in conjunction with this application File No. B80/02 to B82/02 Discharge of Mortgage Heard in conjunction with this application File No. B90/00 APPROVED (Deeds Feb 1/01) Technical conveyance File No. B30/00 LAPSED File No. B47/98 & B48/98 APPROVED (Deeds Jun 9/99) creation of a new lot Zoning By-law Amendment File No. Z APPROVED David McKay, the agent, appeared on behalf of the applicant The Engineering Department made the following written comments: Each lot must have its own set of municipal service connections. A Service Connection Application Form may be obtained, and submitted for approval to the Construction Services Division of the Engineering Department There were no other objections from any Departments or Agencies and any conditions requested are listed below. MOVED by S. Perrella Seconded by K. Connell 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. THAT Application Nos. B77/02 TO B79/02 YORK MAJOR HOLDINGS INC.be APPROVED, substantially, in accordance with the sketch attached and subject to the following conditions: 1. 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 Reserves/Capital Department and Parks Department; 2. That the owner shall pay all taxes as levied, if required, to the satisfaction of the Reserves/Capital Department; (contact Terri Liuni in the Reserves/Capital Department to have this condition cleared). Page 7 of 26

8 CONSENT PUBLIC HEARING: 3. FILE NOS.: B77/02 TO B82/02 to YORK MAJOR HOLDINGS INC. (Whole owner of Avondale Industrial Park II Inc. 8. and Avondale Industrial Park III Inc.) c/o Duane Aubie 3. The applicant shall provide the City of Vaughan with an appraisal report, if required 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 deeding of land for park purposes shall be made if a new lot is being created. Said levy is to be 2% of the appraised market value of the subject land as of the date of the Committee of Adjustment giving notice to the Application of the herein decision. Said levy shall be approved by the Manager of Real Estate. Payment shall be made by certified cheque only; 4. That Consent applications B80/02, B81/02 and B82/02, be approved and in full force and effect. 5. Submission to the Secretary-Treasurer of three (3) 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; 6. 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 a 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; 7. A fee of $ made payable to the Treasurer City of Vaughan shall, be submitted to the Secretary Treasurer for the issuance of the Certificate. 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 $100.00, provided all conditions of approval have been fulfilled and all required documents are submitted by 11:30 am that day; 8. Prior to the issuance of a building permit, if required, the applicant shall fulfil and comply with all of the above noted consent conditions; IMPORTANT: Pursuant to Section 53(20) of the Planning Act, the applicant shall have a period of one year from the date of the Committee of Adjustment giving Notice of the herein Decision to the Applicant to fulfil and comply with all of the (above-noted) conditions of Consent. Failing to comply with this requirement will result in the application to be deemed to be refused. ALL CONDITIONS MUST BE FULFILLED. Please contact each Agency and/or Department listed above whether "if required" appears in the condition or not. PLEASE NOTE: 1. That the payment of the Regional Development Charge is payable to the City of Vaughan before issuance of a building permit in accordance with the Development Charges Act and the Regional Development Charges By-law in effect at the time of payment. 2. That the payment of the City Development Charge is payable to the City of Vaughan before issuance of a building permit in accordance with the Development Charges Act and the City's Development Charges By-law in effect at the time of payment. Page 8 of 26

9 CONSENT PUBLIC HEARING: 3. FILE NOS.: B77/02 TO B82/02 to YORK MAJOR HOLDINGS INC. (Whole owner of Avondale Industrial Park II Inc. 8. and Avondale Industrial Park III Inc.) c/o Duane Aubie 3. That the payment of the Education Development Charge is payable to the City of Vaughan before issuance of a building permit in accordance with the Development Charges Act and the Boards of Education By-laws in effect at the time of payment 4. That the payment of Special Area Development charge is payable to the City of Vaughan before issuance of a building permit in accordance with the Development Charges Act and The City's Development Charge By-law in effect at the time of Building permit issuance, if required, to the satisfaction of the Reserves/Capital Department; It should be noted that T. DeCicco left the Council Chambers and abstained from voting on the following applications due to a conflict of interest declared at the start of the meeting. CONSENT & 9. FILE NOS.: B83/02, A440/02, A441/02 to ONTARIO LIMITED 11. Part of Lot 15, Concession 3, (Lots 1, 2, & 3, Parts 1 to 30, Registered Plan No. 65M-2795, municipally located on Jacob Keffer Parkway, Concord). PROPOSAL The purpose of this application is to request the consent of the Committee of Adjustment to convey a parcel of land for the creation of a new lot for parking and office purposes, together with all required easements and right of ways, if required, as per attached schedule, and retain lands for restaurant purposes. The subject lands are currently used for parking and an office building is proposed. The retained lands have two existing restaurants. The subject lands are zoned C7 Service Commercial and are subject to the provisions of Exception Number 9(1061) under By-law 1-88 as amended. A440/02 - The applicant is requesting variances to facilitate the severance of the total lands (File No. B83/02 retained land only) for restaurant purposes, notwithstanding, a minimum lot area of 6162 metres, rather than the By-law requires the minimum lot area to be 8000 square metres; to permit shared access and parking, whereas Section 3.8 of the By-law states that the owner of every building or structure shall provide and maintain, on the lot on which it is erected, the required parking spaces associated with that use. Further, a parking area, which is accessed through a joint ingress and egress driveway, shall be 7.5 metres in width. A441/02 - The applicant is requesting variances to facilitate the severance of the total lands (File No. B83/02 subject land only) for the creation of a new lot for parking and office purposes, notwithstanding, the minimum lot area will be 4040 square metres, rather than the By-law requires the minimum lot area to be 8000 square metres; the minimum lot frontage will be 47 metres, rather than 65 metres; the rear yard setback will be 7.5 metres rather than 7.9 metres and shared parking and access will be permitted, whereas Section 3.8 of the By-law states that the owner of every building or structure shall provide and maintain, on the lot on which it is erected, the required parking spaces associated with that use. Further, a parking area, which is accessed through a joint ingress and egress driveway, shall be 7.5 metres in width. Page 9 of 26

10 CONSENT & 9. FILE NOS.: B83/02, A440/02, A441/02 to ONTARIO LIMITED 11. Other Planning Act Applications: Site Plan File No. DA Approved & Registered Rick Mangotich, the agent, appeared on behalf of the applicant and gave a brief submission regarding the requests. The Committee raised concerns regarding the shared use of parking and felt that there should be a condition from the Building Department, requesting some type of agreement be entered into by both parties, that would also appear on title, to ensure the shared parking. Further discussion ensued with staff, the agent and the Committee and it was agreed to add the condition. It was also agreed to adjourn the application to the next meeting, so that Mr. Mangotich, could meet with the Building Standards Department to discuss the wording of the new condition. The Building Standards Department made the following written comments: The subject lands consist of 3 adjacent parcels in common ownership, which are municipally known as 11, 23 and 37 Jacob Keffer Parkway. According to By-law 1-88, as amended, these parcels were to be developed as a whole with the Rutherford Road frontage representing the front yard and the Jacob Keffer Parkway frontage representing the exterior side yard. At present, only the north end of the (combined) site has been developed with the introduction of two (2) buildings (restaurants). Staff understands that the Applicant intends to retain the restaurant uses and sever the remaining land holding. The severance, as proposed, will create two (2) independent parcels each with frontage (and a front yard) facing Jacob Keffer Parkway. As a result, the development criteria (side yard setbacks, site area etc.) will change. Although the Applicant has submitted Minor Variance Applications to address the retention of shared access and parking, Staff have noted that the northern parcel (restaurants) will have a deficient lot area and rear yard setback (easterly lot line) and the southern parcel (vacant) will have a deficient lot area, lot frontage and rear yard setback (easterly lot line). The Engineering Department made the following written comments: A separate municipal water service and meter fro the severed property will be required. The existing waterservice, which is fed through the proposed retained lands, shall be capped at the new property line and abandoned. There were no objections from any Departments or Agencies. MOVED by K. Connell Seconded by S. Perrella THAT Application Nos B83/02, A440/02 and A441/ ONTARIO LIMITED, be ADJOURNED, to the January 9, 2002 meeting, to allow the agent time to discuss wording of a new condition with the Building Standards Department. CARRIED It should be noted that T. DeCicco returned to the Council Chambers and took part in the rest of the proceedings. Page 10 of 26

11 12. FILE NOS.: A447/02 and A448/ ONTARIO LTD. (Operating as Regency Heights (Maplewood) Inc.) Part of Lot 30, Concession 3, (Lot 199 & 208, Registered Plan 65M-3556, municipally known as 97 & 45 Regency View Heights, Maple). PROPOSALS The subject lands are zoned RV4 (WS), Residential Urban Village Zone Four, subject to the provisions of Exception Number 9946) under By-Law 1-88 as amended. A447/02- The applicant is requesting variances to permit the construction of a single family detached dwelling with attached garage, notwithstanding, the maximum garage projection beyond the most distant point of the front wall of a dwelling to the street line, at the ground floor level will be 5.8m, rather than the By-law requires 3.0m., minimum setback from the OS2, Open Space Park, zone to structure will be 4.3m, rather than the By-law requires 6.0m. A448/02- The applicant is requesting variances to permit the construction of a single family detached dwelling with attached garage, notwithstanding, the maximum garage projection beyond the most distant point of the front wall of a dwelling to the street line, at the ground floor level will be 6.9m, rather than the By-law requires 3.0m., minimum setback from the OS2, Open Space Park, zone to structure will be 5.0m., rather than the By-law requires 6.0m. Remo Agostino, the agent, appeared on behalf of the applicant. There were no 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 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 S. Perrella Seconded by K. Connell THAT Application Nos: A447/02 & A448/ ONTARIO LTD. (OPERATING AS REGENCY HEIGHTS (MAPLEWOOD) INC.)be APPROVED substantially, in accordance with the sketch attached and subject to the following conditions: 1. The structure must be identical in size and location to documents submitted for the building permit application, if required, to the satisfaction of the Building Standards Department; 2. That if the conditions listed above are not fulfilled within (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 AND FEE BE SUBMITTED TO LEGALIZE THIS PROPERTY. Page 11 of 26

12 CONSENT PUBLIC HEARING: 13. FILE NO: B86/02 to B88/02 to SAVERIO BORAGINA / ROSA MALFARA 15. Part of Lot 26, Concession 1, (Part of Lot 59, Plan No. M-3205, Parts 1, 2, 3, Reference Plan No. 65R-7460, municipally known as 119, 121, 123, Crestwood Road, Thornhill,) PROPOSALS B86/02 - The purpose of this application is to request the consent of the Committee of Adjustment to convey a parcel of land marked "A" on the attached sketch for an addition to an existing lot taken into the title of the lands to the West (121 Crestwood Rd), for residential purposes, and retain the lands marked B on the attached sketch for residential purposes. B87/02 - The purpose of this application is to request the consent of the Committee of Adjustment to convey a parcel of land marked "A" on the attached sketch for an addition to an existing lot taken into the title of the lands to the East (119 Crestwood Rd), for residential purposes, and retain the lands marked B on the attached sketch for residential purposes. B88/02 - The purpose of this application is to request the consent of the Committee of Adjustment to convey a parcel of land marked "A" on the attached sketch for an addition to an existing lot taken into the title of the lands to the East (121 Crestwood Rd), for residential purposes, and retain the lands marked B on the attached sketch for residential purposes. There are existing residential dwellings that will be demolished. Residential dwellings are proposed on the subject and retained lands. The subject and retained lands are zoned R2, Residential, and subject to the provisions 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 Application File Nos.B45/86, B46/86 APPROVED NOVEMBER 6, 1986 properties fronting on Royal Palm Drive. Raffaela Malfara, the agent, appeared on behalf of the applicants and submitted to the Committee a list of other lots on Crestwood with frontages 50 feet or less. Photographs of these properties were also submitted and letters of support from the following people: SAIL HIUTIN 96 ROYAL PALM DR THORNHILL, ONTARIO L4J 5B8 B86/02, B87/02, B88/02 NICOLINA MALFARA 117 CRESTWOOD RD THORNHILL, ONTARIO L4J 1A7 B86/02, B87/02, B88/02 MARY WONG 98 ROYAL PALM DR THORNHILL, ONTARIO L4J 5B8 B86/02, B87/02, B88/02 ADA CHOW 126 CRESTWOOD RD THORNHILL, ONTARIO L4J 1A6 B86/02, B87/02, B88/02 E. CANALE 104 CRESTWOOD RD THORNHILL, ONTARIO L4J 1A6 B86/02, B87/02, B88/02 ANTONIO BELTRAME 127 CRESTWOOD RD THORNHILL, ONTARIO L4J 1A7 B86/02, B87/02, B88/02 Page 12 of 26

13 CONSENT PUBLIC HEARING: 13. FILE NO: B86/02 to B88/02 to SAVERIO BORAGINA / ROSA MALFARA 15. Eugenia? 131 CRESTWOOD RD THORNHILL, ONTARIO L4J 1A7 B86/02, B87/02, B88/02 RAY & IRIS MCEWEN 133CRESTWOOD RD THORNHILL, ONTARIO L4J 1A7 B86/02, B87/02, B88/02 S 145 CRESTWOOD RD THORNHILL, ONTARIO L4J 1A7 B86/02, B87/02, B88/02 S 143 CRESTWOOD RD THORNHILL, ONTARIO L4J 1A7 B86/02, B87/02, B88/02 Therese Zarb 112 ROYAL PALM DR THORNHILL, ONTARIO L4J 5P8 B86/02, B87/02, B88/02 Maria Boso, 122 Crestwood Road, Thornhill, Ontario, L4J 1A6, Tina Malfara, 108 Royal Palm Drive, Thornhill, Ontario, L4J 5P8; Rosa Malfara, 108 Royal Palm Drive, Thornhill, Ontario, L4J 5P8; Mary Pisani, 106 Royal Palm Drive, Thornhill, Ontario, L4J 5P8; Maria Bosso, 271 Pinewood Drive, Thornhill, Ontario, L4J 5S1, Santina Boragina 88 Royal Palm Drive, Thornhill, Ontario, L4J 5P8; all were in attendance in support of the application. There was no one else in attendance either in support of or in opposition to the request. The Planning Department made the following written comments: The subject lands are designated Low Density Residential by OPA No.210. The applicant is proposing to convey a portion of land from each lot and add it to the adjacent lot. The result would create four lots with smaller lot frontage out of the original three lots. The resulting frontages will be three 16.6m frontages and one 16.9m frontage. The majority of the surrounding lot frontages are 22m. The proposed lots do meet the minimum lot frontage and lot area requirement of the Zoning By-law. The proposed lots will have some of the smallest lot frontages in the adjacent area. It is noted, there is one existing lot frontage of 16.76m at 134 Crestwood Avenue. However, it is the opinion of the Community Planning Department the applicants are proposing development that is out of character with the majority of the adjacent properties. These applications do not represent the general pattern of development along Crestwood Avenue. These applications could lead to similar consent applications in the future. This department does not support Consent Applications B86/0 to B88/02 The Engineering Department made the following written comments: According to our records each of the existing lots has its own set of service connections. Ensure the realignment of property lines allows each lot to maintain its own set of service connections. The owner should have City forces verify the exact location of the municipal service connections in the field. If new service connections are required, a service Connection Application Form must be obtained, and submitted for approval to the Construction Services Division of the Engineering Department. There were no other objections from any Departments or Agencies. MOVED by T. DeCicco Seconded by L. Fluxgold THAT Application Nos. B86/02 to B88/02 SAVERIO BORAGINA / ROSA MALFARA, be ADJOURNED, to the January 23, 2002 meeting to allow the applicants more time to discuss the applications with the Planning Department. CARRIED Page 13 of 26

14 It should be noted that K. Connell left the meeting at this time and did not take part in any discussions nor voted on the remaining items. 16. FILE NO: A438/02 CARL & SHEILA FORTINO Part of Lot 5, Concession 3 (Lot 11, Registered Plan No. 65M-3350, municipally known as 8 Gemma Court, Concord.) PROPOSAL The subject lands are zoned R5, Residential and subject to the provisions of Exception Number 9(882) under By-law 1-88 as amended. The applicants are requesting a variance to permit the maintenance of an existing rear yard deck, to a two storey single family detached dwelling with attached garage, notwithstanding, the minimum rear yard setback is 2.74m, rather than the By-law requires minimum rear yard setback of 5.7m. The minimum rear yard setback associated with the R5 Residential Zone is 7.5m; however, decks and other unenclosed projections may extend into a required rear yard to a maximum of 1.8m. Carl Fortino, the applicant, appeared on his own behalf. The Planning Department made the following comments: The Community Planning Department is of the opinion that the proposed variance does not meet the intent of the By-law and is not considered to be appropriate development of the land. The Community Planning Department does not support Variance Application A438/02. There were no other 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 L. Fluxgold THAT Application No: A438/02 CARL & SHEILA FORTINO, be APPROVED substantially, in accordance with the sketch attached. 17. FILE NO.: SALVATORE MASTROFRANCESCO/ALLISON SMITH Part of Lot 17, Concession 8, (Lot 162, Registered Plan No. 65M-3274, municipally known as 65 Adriana Louise Drive, Woodbridge). PROPOSAL The subject lands are zoned RV4, Residential Urban Village Four Zone subject to the provisions of Exception Number 9(988) under By-law 1-88 as amended. The applicants are requesting a variance to permit the maintenance of a wooden deck in the rear yard of one storey semi-detached dwelling, notwithstanding, the minimum rear yard setback to deck is 3.6 metres, rather than the By-law requires the minimum rear yard setback to deck be 5.7 metres. Page 14 of 26

15 17. FILE NO.: SALVATORE MASTROFRANCESCO/ALLISON SMITH Mario Trinchini, the agent, appeared on behalf of the applicant and gave a brief submission regarding the request. He told the Committee that the deck was built 1 ½ years ago. He submitted letters of support from the following people: CHARLIE & PAULA ROMANINO 69 Adriana Louise Drive L4H 1P6 JOHN & LINDA FIORINI 57 David Todd Avenue L4H 1P5 GIUSEPPE DIGHI 75 Adriana Louise Drive L4H 1P7 ANDREA VACCARO 53 Adriana Louise Drive L4H 1P6 DOROTHY MASCOLL 57 Adriana Louise Drive L4H 1P6 ALBA BAUCO 93 Adriana Louise Drive L4H 1P7 MARIA CAMMARA 73 David Todd Avenue L4H 1R4 ANTHONY & FRANCA GISMONDI 63 Adriana Louise Drive L4H 1P5 KAUR SUKHJINDER 71 David Todd Avenue L4H 1P4 CECILIA MONTI 77 Adriana Louise Drive L4H 1P7 FRANCESCO TRICARICO 81 Adriana Louise Drive L4H 1P7 GIOVANNI SCIACCA 99 Adriana Louise Drive L4H 1P7 65 David Todd Avenue L4H 1P5 ADRIAN & ANGIE PILATO 63 Adriana Louise Drive L4H 1P6 SUSAN SACCUCCI 71 Adriana Louise Drive L4H 1P6 L. CECATINI 61 Adriana Louise Drive L4H 1P6 79 Adriana Louise Drive L4H 1P7 ELISSA FALLETTA 91 Adriana Louise Drive L4H 1P6 A, WHITEMAN 67 David Todd Avenue L4H 1P5 The Planning Department made the following written comments: The subject lands are designated Low Density Residential by OPA No.600. The applicant is requesting variances to permit the maintenance of a wooden deck. The applicant is requesting the rear yard setback to the deck to be 3.6m rather than the required 5.7m rear yard setback. A contractor built the deck. The Building Standards Department records indicate a building permit has not been issued. The Community Planning Department is of the opinion that the proposed variance does not meet the intent of the By-law and is not considered to be appropriate development of the land. The Community Planning Department does not support Variance Application. Page 15 of 26

16 17. FILE NO.: SALVATORE MASTROFRANCESCO/ALLISON SMITH There were no other 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 T. DeCicco THAT Application No. VINCENZO & LILIANA TRINCHINI, be APPROVED, substantially, in accordance with the sketch attached. 18. FILE NOS: A4424/02 and 443/02 & YEN THI BACH NGUYEN (NATIONAL HOMES) 19. LUCIANO & LAURA DIGIROLAMO (NATIONAL HOMES) Part of Lot 15, Concession 3, (Lot 104, Block 16, Registered Plan No. 65M-3367, municipally known as 9122 Dufferin Street, Concord); and Part of Lot 15, Concession 3, (Lot 103, Block 16, Registered Plan No. 65M-3367, municipally known as 9124 Dufferin Street, Concord). PROPOSAL The subject and retained lands are zoned RVM1(A) Residential Urban Village Multiple Dwelling Zone One (Street Townhouse) and subject to the provisions of Exception Number 9(1039) under By-law 1-88 as amended. The applicants are requesting variances to permit the maintenance of existing two storey townhouse dwellings with an existing semi-detached laneway garages, notwithstanding, the interior garage width is 2.74 metres for File No. A442/02 and 2.78 metres for File No. A443/02, rather than the By-law requires the minimum interior garage widths to be 3.0 metres. Clement Messere, the agent, appeared and gave a brief submission in regard to the requests. T The Planning Department made the following written comments: The subject lands are designated District Centre by OPA No.600 and Settlement Area by the Oak Ridges Moraine Conservation Plan (Ontario Regulation 140/02). Notwithstanding the designation of the property within the Oak Ridges Moraine Conservation Plan the subject property does not directly abut any natural feature, and is not affected by the provisions of the Oak Ridges Moraine Conservation Plan. Granting the variance applied for in this application would not be in contravention of the Oak Ridges Moraine Conservation Plan and Act. Each of the above noted applicants have applied for a variance to reduce the minimum interior size of their single-car garage from 3m to 2.74m and 2.78m. The interior garage widths were not constructed in accordance with the approved Site Plan and Building Permit drawings, which require a minimum interior width of 3m. Page 16 of 26

17 18. FILE NOS: A4424/02 and 443/02 & YEN THI BACH NGUYEN (NATIONAL HOMES) 19. LUCIANO & LAURA DIGIROLAMO (NATIONAL HOMES) The reduced interior width does not allow sufficient space within the garages to accommodate the opening of vehicle doors, particularly larger vehicles. The functional interior garage width is 3m. Accordingly, Staff cannot support the variances being requested. There were no other 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 S. Perrella Seconded by L. Fluxgold THAT Application Nos. A442/02 YEN THI BACH NGUYEN and A443/02 LUCIANO & LAURA DIGIROLAMO, be APPROVED, substantially, in accordance with the sketches attached. 20. FILE NO: A444/02 EDUARD ITKIN Part of Lot 26, Concession 1, (Part of Lot 33, Registered Plan No. 3205, municipally known as 307 Pinewood Drive, Thornhill). PROPOSAL The subject lands are zoned R3, Residential and subject to the provisions of Exception Number 9(375) and 9(408) under By-law 1-88 as amended. The applicant is requesting a variance to permit the maintenance of a side door entrance to an existing two storey single family dwelling, notwithstanding, the minimum interior side yard setback to the door is 1.40 metres, rather than the By-law requires the minimum interior side yard setback to the door to be 1.8 metres. A sketch is attached illustrating the request. Eduard Itkin, the applicant, appeared on his own behalf. There were no 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 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 S. Perrella Seconded by K. Connell Page 17 of 26

18 20. FILE NO: A444/02 EDUARD ITKIN THAT Application No. A444/02 EDUARD ITKIN, be APPROVED, substantially, in accordance with the sketch attached and subject to the following conditions: 1. That the variance for the reduction of the interior side yard setback is conditional upon the dwelling being shown on the proposed drawings forming part of the building permit application in accordance with the requested variance as shown on the attached sketch forming part of this application, if required, to the satisfaction of the Building Standards Department; 2. That if the condition listed above is not fulfilled within (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 AND FEE BE SUBMITTED TO LEGALIZE THIS PROPERTY. 21. FILE NO: ALEXANDER & DOMENICA APPIA Part of Lot 17, Concession 8, (Lot 41, Registered Plan 65M-3344, Municipally known as 24 Julia Valentina Ave.). PROPOSAL The subject lands are zoned RV3, Residential Urban Village Zone Three subject to the provisions of Exception Number 9(988) under By-Law 1-88 as amended. The applicant is requesting variances to permit the maintenance of a existing deck, notwithstanding, the minimum rear yard setback for deck and trellis is 4.2m and the minimum side yard setbacks to the trellis is 3.74m, rather than the By-law requires the minimum rear yard setback for deck and trellis to be 5.7m and the side yard setbacks for the trellis to be 1.2m. Alexander Appia, the applicant, appeared on his own behalf. Letter of support were submitted along with the application on November 14, 2002, from the following people: L. Ruffolo 2 Julia Valentina Ave., L4H 1Y9 Ryan Nicholes 6 Julia Valentina Ave., L4H 1Y9 Page 18 of 26

19 21. FILE NO: ALEXANDER & DOMENICA APPIA Petition in support, continued. Diane Nascimento 10 Julia Valentina Ave., L4H 1Y9 Claudia A. DeNicola 16 Julia Valentina Ave., L4H 1Y9 Anthony Ayers 20 Julia Valentina Ave., L4H 1Y9 Teresa & Orlando Colussi 28 Julia Valentina Ave., L4H 1Y9 Sylvia Petratoz 32 Julia Valentina Ave., L4H 1Y9 Anthony Fabrizi 36 Julia Valentina Ave., L4H 1Y9 John Costa 40 Julia Valentina Ave., L4H 1Y9 Marino Scarmozzino 44 Julia Valentina Ave., L4H 1Y9 R. Uberti 48 Julia Valentina Ave., L4H 1Y9 Alwin Samulewitsch 322 Napa Valley Avenue L4H 1Y7 Paul Gomes 332 Napa Valley Ave., L4H 1Y7 Rui Albino 328 Napa Valley Avenue L4H 1Y7 Emilia Samoil 336 Napa Valley Avenue L4H 1Y7 There were no objections from any Departments or Agencies and any conditions requested are listed below. The Committee is of the opinion that the variances sought can be considered minor and are desirable for the 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 S. Perrella THAT Application No: ALEXANDER & DOMENICA APPIA, be APPROVED, substantially, in accordance with the sketch attached and subject to the following conditions: 1. That a building permit be obtained, if required, to the satisfaction of the Building Standards Department; Page 19 of 26

20 21. FILE NO: ALEXANDER & DOMENICA APPIA 2. That if the condition listed above is not fulfilled within (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 AND FEE BE SUBMITTED TO LEGALIZE THIS PROPERTY. 22. FILE NO: A446/02 YORK REGION CONDOMINION CORPORATION #963 AND YORK REGION CONDOMINION CORPORATION #924 Part of Lots 7-9, Registered Plan 1607, (Part of Lot 26, Concession 1), municipally known as 5 Emerald Lane. PROPOSAL The subject and retained lands are zoned RA3, Apartment Residential and subject to the provisions of Exception Number 9(853) under By-Law 1-88 as amended. The applicant is requesting variances to permit the maintenance of an existing pool equipment shed/cabana, notwithstanding, the minimum rear yard setback for the cabana is 0.18m and the maximum building height for the cabana is 2.9m, rather than the By-law requires the minimum rear yard setback for the cabana to be 0.6m and the maximum building height for the cabana to be 2.5m Other Planning Act Applications Minor Variances File No. A102/00 OMB APPROVED Jul 18/ parking spaces per dwelling unit File No. A297/99 APPROVED Sept 9/99 setback to security gate 4m rather than by-law req'd 9m. File No. A149/99 APPROVED Apr 29/99 Bldg. Env. #9 138 units rather than by-law req'd 126. File No. A230/97 APPROVED Oct 9/97 Parking space 1.25/unit rather than 1.5/unit. balcony requirements, Bldg. env. height requirements, swimming pool location, location of gazebos. Mark Karam, the agent, appeared on behalf of the applicant, he told the Committee that he spoke with the neighbouring property who s concerns were in reference to a new structure. Once it was clear there was no new structure, they no longer had any concerns. A letter of concern was faxed by the neighbouring property owner, Golfour Property Services Inc. 366 Denison Street, Suite One, Markham, Ontario, L3R 1B9. Some of the concerns pertained to possible drainage problems, aesthetics and possible noise impact. Page 20 of 26

21 22. FILE NO: A446/02 YORK REGION CONDOMINION CORPORATION #963 AND YORK REGION CONDOMINION CORPORATION #924 There were no 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 L. Fluxgold Seconded by S. Perrella THAT Application Nos. A446/02, YORK REGION CONDOMINIUM CORPORATION #963 & YORK REGION CONDOMINIUM CORPORATION #924 be APPROVED, substantially, in accordance with the sketch attached. 23. FILE NO: A449/02 ANAND & SUSAN BAHL Part of Lot 31, Concession 1, (Part of Lot 49, Registered Plan No. 3977, municipally known as 54 Thornbank Road, Thornhill). PROPOSAL The subject lands are zoned R1V, Old Village Residential and subject to the provisions of Exception Number 9(662) under By-law 1-88 as amended. The applicants are requesting variances to permit the construction of a proposed two storey addition which is attached to an existing two storey single family detached dwelling with an attached garage, notwithstanding, the nature of the proposed variances, the proposed changes to the existing By-law and the current By-law requirements are as follows: PROPOSED CHANGES BY-LAW REQUIREMENTS Minimum front yard setback metres to the dwelling Maximum front yard encroachment 3.0 metres for the porch and stairs. Minimum interior side yard setback 1.5 metres Minimum sum of side yards 5.98 metres. Minimum front yard setback metres is required (existing metres minus 10% = metres) Maximum front yard encroachment 1.8 metres for a porch and for stairs. Minimum interior side yard setback 2.5 metres Minimum sum of side yards 6.0 metres. Alex Rubb, the agent, appeared on behalf of the applicant. Mr. Rubb told the Committee that he read the letter from the neighbour who was requesting landscaping to buffer the concrete hard surface of the front steps/porch. Mr. Rubb was agreeable to a condition regarding the landscaping, being added to the decision. A letter of concern was faxed to the office December 12, 2002, from Mr. And Mrs. T. Nousiainen, 63 Thornbank Road, Thornhill, Ontario, L4J 2A1. Some of their concerns related to landscaping, preserving trees, soft surfaces and setting precedents. Page 21 of 26