The Minutes of the 9 th. Meeting of the Vaughan Committee of Adjustment for the year 2006 THURSDAY, MAY 11, :00p.m.

Transcription

1 The Minutes of the 9 th. Meeting of the Vaughan Committee of Adjustment for the year 2006 THURSDAY, MAY 11, 2006 Present at the meeting were: 6:00p.m. T. DeCicco Vice Chair L. Fluxgold D. H. Kang M. S. Panicali Members of Staff present: Lenore Providence, Assistant to the Secretary-Treasurer Anne Markovsky, Assistant to the Secretary-Treasurer Stephen Lue, Christina Napoli, & Ryan Mino, Planners Craig Coulter, Plans Examiner INTRODUCTION OF ADDENDUM REPORTS MOVED by L. Fluxgold Seconded by M. S. Panicali 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 # 24, A181/06 YORK CATHOLIC DISTRICT SCHOOL BOARD, as he is a tenant at this site. ADOPTION OR CORRECTION OF MINUTES MOVED by L. Fluxgold Seconded by D. H. Kang THAT the minutes of the Committee of Adjustment Meeting of Thursday, APRIL 27, 2006, be adopted as circulated. It should be noted that M. S. Panicali abstained from voting on the minutes, as he was not present at that hearing. CARRIED ADJOURNMENTS AND/OR DEFERRALS A fax was received from agent David A. McKay, requesting that Item # 21, File No A177/06, CAN- VAM HOLDINGS INC., be adjourned SINE DIE, in order for the applicant/agent to review the file and make necessary changes that may require re-circulation. It should be noted that prior to the hearing date, a letter of objection was received from Barry A. Horosko, Bratty and Partners, 7501 Keele Street, Suite 200, Vaughan, Ontario, L4K 1Y2. Page 1 of 33

2 ADJOURNMENTS AND/OR DEFERRALS The Development Planning Department, made the following written comments: The Development Planning Department has discussed the proposal with the Applicant s Planning Consultant (David McKay of MHBC Planning), who has agreed to provide a letter to the Committee of Adjustment to adjourn consideration of the Variance Application at the May 11, 2006 Meeting, until such time as Vaughan Council has considered a Site Plan Application to address the open storage proposal on the subject lands. MOVED by L. Fluxgold Seconded by M. S. Panicali THAT Item # 21, File No A177/06 - CAN-VAM HOLDINGS INC., be adjourned SINE DIE. CARRIED ADMINISTRATIVE CORRECTIONS NONE. MINOR VARIANCE PUBLIC HEARING: 1. FILE NO.: A103/06 PRIMONT HOMES (KIRBY)INC. (Previously adjourned from the April 6, 2006 meeting.) Part of Lot 29, Concession 3, (Lot 1 of Part of Block 295, Registered Plan No. 65M-3878, municipally known as 2 Crestbank Court, formerly part of Keele Street, Maple). PROPOSAL The subject land is RT1, Residential Townhouse Zone under By-law 1-88 as amended. The applicant is requesting variances to permit the construction of a proposed two-storey townhouse, notwithstanding, the proposed changes to the existing By-Law & current By-Law requirements are as follows: Proposal: 1. To permit an exterior side yard setback of 4.30 metres and 4.40 metres at the site triangle. 2. To permit an exterior side yard setback to a bay window constructed on footings of 3.71 metres. By-Law Requirements: 1. An exterior side yard setback of 4.50 metres is required. 2. An exterior side yard setback to a bay window constructed on footings of 4.50 metres is required. Nelson Cunha, appeared as the designated agent on behalf of the applicant and gave a brief submission regarding the request. There was no one in attendance either in support of or in opposition to the request. There were no comments/objections from any Departments or Agencies. Page 2 of 33

3 MINOR VARIANCE PUBLIC HEARING: 1. FILE NO.: A103/06 PRIMONT HOMES (KIRBY)INC. (Previously adjourned from the April 6, 2006 meeting.) 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 M. S. Panicali Seconded by D. H. Kang THAT Application No. A103/06, PRIMONT HOMES (KIRBY) INC., be APPROVED in accordance with the sketch attached. 2. FILE NO.: A111/06 RICHARD HAHN (NEW OWNER) (PREVIOUSLY ADJOURNED FROM THE APRIL 6, 2006 MEETING) A recap from the previous hearing: Richard Hahn, the agent, appeared on behalf of the applicant and gave a brief submission regarding the request. The Committee suggested, and it was agreed, that due to the corrections required to be made to the application and the Notice of Application, File A111/06 should be adjourned to the May 11, 2006 meeting, to allow for re-circulation. Mr. Terry Goodwin, 122 Thornridge Drive, Thornhill, Ontario, L4J 1E3, appeared in support. Mr. Doug Swann, 751 Avenue Road, Toronto, Ontario, M5P 2J9, the son of the applicant, appeared to inform the Committee that Mr. Richard Hahn is now the official owner of the land and requested the application be amended to reflect the change. Mr. Hahn stated that he would make the necessary changes to the application. The following people expressed concerns with the home office addition : Heather Kelly, 31 Old Jane Street, Thornhill, Ontario, L4J 1E6 and Mr. And Mrs. Bertoia, 148 Brooke Street, Thornhill, Ontario, L4J 1Y9. Part of Lot 30, Concession 1, (Lots 14, 15, & 16, Registered Plan No. 2273, municipally known as 143 Brooke Street, 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 purpose of this application is to request variances to permit the construction of three proposed additions, an existing porch to be enclosed, and an existing concrete porch to be covered to an existing two storey single family detached dwelling as follows: Page 3 of 33

4 MINOR VARIANCE PUBLIC HEARING: 2. FILE NO.: A111/06 RICHARD HAHN (PREVIOUSLY ADJOURNED FROM THE APRIL 6, 2006 MEETING) Proposal: 1) To permit a minimum exterior side yard setback of 2.8 metres to the covered porch. 2) To permit a minimum exterior side yard setback of 4.5 metres to the proposed addition (Muskoka Room). 3) To permit a minimum front yard setback of 1.2 metres to the proposed covered porch. 4) To permit a minimum front yard setback of 2.37 metres to the proposed addition. 5) To permit a minimum front yard setback of 5.28 metres to the proposed garage addition. By-Law Requirements: 1) A minimum exterior side yard setback of 9.0 metres is required to the covered porch. 2) A minimum exterior side yard setback of 9.0 metres is required to the proposed addition. (Muskoka Room). 3) A minimum front yard setback of 9.0 metres is required to the proposed covered porch. 4) A minimum front yard setback of 9.0 metres is required to the proposed addition. 5) A minimum 9.0 metres front yard setback is required to the proposed garage addition. Richard Hahn the new owner, appeared and gave a brief submission regarding the request. Cultural Services made the following written comments: At their meeting of 30 March 2006, Heritage Vaughan passed the following motion: That Heritage Vaughan has no objection to the proponent s application to the Committee of Adjustment for a minor variance that would: a) legalize the non-conformance in the existing building setbacks and b) that would allow the setbacks required for the proposed additions and alterations for 143 Brooke Street currently under consideration by Cultural Services staff and Heritage Vaughan; and, That the applicant continue to work with Cultural Services staff to refine the architectural design for the proposed additions and alterations; and, That all final plans and elevations for 143 Brooke Street be approved by Heritage Vaughan. 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 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 D. H. Kang THAT Application No. A111/06 RICHARD HAHN, be APPROVED, in accordance with the sketches attached. MINOR VARIANCE PUBLIC HEARING: Page 4 of 33

5 3. FILE NO.: A156/06 MAURO & CATHY FANTAUZZI (PREVIOUSLY ADJOURNED FROM THE APRIL 27, 2006 MEETING) A recap from the previous hearing: The following residents submitted signed letters of support: MARILENA FIORINI 151 Largo Cres. Maple, Ontario L6A 1N1 MARCO VISENTIN 155 Largo Cres. Maple, Ontario L6A 1N1 HAMMAD FADOON 525 Barrhill Road Maple, Ontario L6A 1N1 T. KELLEN 162 Largo Cres. Maple, Ontario L6A 1N1 V. PAOLUCCI 141 Largo Cres. Maple, Ontario L6A 1N1 AMANDA CORTINA 150 Largo Cres. Maple, Ontario L6A 1N1 Part of Lot 16, Concession 3, (Lot 14, Registered Plan No. 65M-2610, municipally known as 158 Largo Crescent, Maple). PROPOSAL The subject lands are zoned R3, Residential Zone Three and subject to the provisions of Exception Number 9(495) under By-law 1-88 as amended. The purpose of this application is to request variances to permit the maintenance of a shed in the side yard of a two storey single family detached dwelling as follows: Prior to the applicant s submission, it was agreed to amend the application, sketch, and Notice of Application by revising the following: To permit a garden shed to have a side yard setback of 0.6 metres with a 0.3 metre encroachment for the eaves and gutters (resulting in a 0.3 metre side yard setback to the eaves and gutters. NOT To permit a garden shed to have a side yard setback of 0.3 metres with a 0.3 metre encroachment for the eaves and gutters (resulting in a 0.0 metre side yard setback to the eaves and gutters.. by deleting the following: AND..To permit a garden shed with a floor area of 9.29 square metres... THEREFORE, the purpose of this application is to request variances to permit the maintenance of a shed in the side yard of a two storey single family detached dwelling as follows: Proposal: 1) To permit a garden shed to be located in the side yard. 2) To permit a garden shed to have a side yard setback of 0.6 metres with a 0.3 metre encroachment for the eaves and gutters (resulting in a 0.3 metre side yard setback to the eaves and gutters). Page 5 of 33

6 MINOR VARIANCE PUBLIC HEARING: 3. FILE NO.: A156/06 MAURO & CATHY FANTAUZZI (PREVIOUSLY ADJOURNED FROM THE APRIL 27, 2006 MEETING) By-Law Requirements: 1) A garden shed shall be located entirely in the rear yard. 2) A minimum side yard setback of 1.2 metres with a maximum encroachment of 0.5 metres for the eaves and gutters (resulting in a side yard setback of 0.7 metres to the eaves and gutters). Mauro & Cathy Fantauzzi, the owners, appeared and gave a brief submission regarding the request. The Development Planning Department had favourable comments based on the amendments as stated above. There was no one in attendance either in support or opposition to the request. There were no other comments/objections from any Departments or Agencies. 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. MOVED by D. H. Kang Seconded by M. Panicali THAT Application No. A156/06 MAURO & CATHY FANTAUZZI, be APPROVED, as AMENDED, in accordance with the sketch attached. 4. FILE NO: A157/06 ARCHDIOCESE OF TORONTO (PREVIOUSLY ADJOURNED FROM THE APRIL 27, 2006 MEETING Part of Lot 20, Concession 8, (municipally known as 5500 Major Mackenzie Drive, Kleinburg). PROPOSAL The subject lands are zoned A, Agricultural under By-Law 1-88 as amended. The purpose of this application is to request variances to permit the construction of a church and rectory as follows: Proposal: 1. A maximum building height of 14.8m. 2. A landscape buffer strip with a minimum width of 0.29m abutting Major Mackenzie Drive. 3. A minimum exterior side yard setback of 9.8m to the rectory. Page 6 of 33

7 MINOR VARIANCE PUBLIC HEARING: 4. FILE NO: A157/06 ARCHDIOCESE OF TORONTO (PREVIOUSLY ADJOURNED FROM THE APRIL 27, 2006 MEETING) By-Law Requirements: 1. A maximum building height of 11m. 2. A landscape buffer strip with a minimum width of 6m abutting Major Mackenzie Drive. 3. A minimum exterior side yard setback of 15m to the rectory. Andrew Baczynski, appeared as the designated agent on behalf of the applicant and gave a brief submission regarding the request. Ian Mitchell, Secretary, Kleinburg & Area Ratepayers Association, P.O. Box 202, Kleinburg, Ontario, L0J 1C0, appeared in support of this application. There was no one else in attendance either in support of or in opposition to the request. There were no objections/comments 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 M. S. Panicali Seconded by D. H. Kang THAT Application No. A157/06 ARCHDIOCESE OF TORONTO, be APPROVED, in accordance with the sketch attached. CONSENT PUBLIC HEARING: 5. FILE NOS.: B027/06, B028/06 & TERRA SPERANZA DEVELOPMENTS INC. 6. Part of Lot 9, Concession 9, (Municipally known as 8265 Huntington Road, Woodbridge). The subject lands are zoned A, Agricultural zone and OS1, Open Space Conservation zone under By-Law 1-88 as amended. Purpose and Effect The purpose of this application is to request the consent of the Committee of Adjustment to convey parcels of land as addition to an existing lot taken into the title of the land to the south, for industrial purposes and retain the lands for industrial purposes. Both subject and retained lands are vacant. 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: B027/06 & B028/06 Zoning File No. Z The above noted application was heard by the Committee of Adjustment in conjunction with B029/06. Page 7 of 33

8 CONSENT PUBLIC HEARING: 5. FILE NOS.: B027/06, B028/06 & TERRA SPERANZA DEVELOPMENTS INC. 6. Donna Lue, appeared as the designated agent on behalf of the applicant and gave a brief submission regarding the requests. There was no one in attendance either in support of or in opposition to the request. Cultural Services made the following written comments: Cultural Services has reviewed the Request for Comments circulated by the Committee of Adjustment for the above applications for Consent and offers the following information. There are no conditions or objections for the approval of the subject application, however, Cultural Services staff would like to submit the following information to the property owner for future reference in the development of the property. Council approved the Strategy for the Maintenance and Preservation of Significant Heritage Buildings on June 27, Provisions in the Strategy include requirements for the maintenance and preservation of built heritage resources and archaeological resources when dealing with development and site alteration within the City of Vaughan. Strategy 1.3 from the Strategy states: Development applications submitted to the City that have an impact on a significant heritage structure, must adhere to preservation requirements as outlined in the Official Plan. This includes applications for zoning amendments and draft plans of subdivision. Strategy 1.4 from the Strategy states: Policy provisions requiring Cultural Heritage Resource Impact Assessment reports by heritage property owners shall be included in the City s Official Plan and Official Plan Amendments. Cultural Heritage Resource Impact Assessment (CHIA) reports will provide an assessment of the heritage site or property and the impact the proposed development will have on the heritage structure. CHIA reports will also include preservation and mitigation measures for the heritage property. A Cultural Heritage Resource Impact Assessment report, provided by the owner, will be a condition of any future draft plan of subdivision. The property at 8265 Huntington Road contains the Pearson farmhouse, built of red brick in The Pearson farmhouse is included in the City of Vaughan s Listing of Significant Heritage Structures, the City s Register of Property of Cultural Heritage Value as per Part IV, Subsection 27 of the Ontario Heritage Act, approved by Council in June Strategy 8.2 from the Strategy states that: Buildings included in the Listing shall be preserved through the tools and provisions outlined in this Strategy document. When reviewing any future development application, Cultural Services will be recommending preservation/incorporation of the Pearson farmhouse into the proposed development design. Cultural Services staff would also like to advise the owner that the clearance of all concerns for archaeological resources will also be requested as a condition of approval of all future development applications for the subject property. STRATEGY FOR THE MAINTENANCE & PRESERVATION OF GUIDING PRINCIPLES SIGNIFICANT HERITAGE BUILDINGS 1. Built heritage resources are recognized as an irreplaceable commodity, unique to the Vaughan community that should be preserved for future generations to experience. Page 8 of 33

9 CONSENT PUBLIC HEARING: 5. FILE NOS.: B027/06, B028/06 & TERRA SPERANZA DEVELOPMENTS INC Built heritage resources create a distinctive and exceptional urban, suburban & rural environment and landscape that are important in developing rich, interesting and sustainable communities. 3. Preservation of built heritage resources should not prevent the development of lands, but rather by their retention and incorporation in a development plan, create more interesting streetscapes and communities. OBJECTIVES 1. To encourage and ensure the preservation of significant heritage buildings/structures in the City of Vaughan through the use of available tools and resources. 2. To encourage the adaptive re-use of significant heritage buildings in infill and the new development of lands. 3. To develop procedures and requirements for the review of development applications that will ensure the identification and preservation of significant heritage buildings. STRATEGIES Strategy 1- Include Provisions for Preservation in Official Plans & Official Plan Amendments 1.1 The City s Official Plans and Official Plan Amendments shall identify significant heritage property and or structures and shall outline preservation policies on future land use for lands containing heritage property. 1.2 Preservation policies in Official Plans and Official Plan Amendments regarding significant heritage property will include provisions for Letter of Credit requirements, Property Standards requirements, designation under the Ontario Heritage Act requirements and other policies as deemed necessary to preserve the identified heritage property. 1.3 Development applications submitted to the City that have an impact on a significant heritage structure, must adhere to preservation requirements as outlined in the Official Plan. This includes applications for zoning amendments and draft plans of subdivision. 1.4 Policy provisions requiring Cultural Heritage Resource Impact Assessment reports by heritage property owners shall be included in the City s Official Plan and Official Plan Amendments. Cultural Heritage Resource Impact Assessment (CHIA) reports will provide an assessment of the heritage site or property and the impact the proposed development will have on the heritage structure. CHIA reports will also include preservation and mitigation measures for the heritage property. Strategy 2-- Include Provisions for Preservation in Zoning Amendments 2.1 Zoning by-law amendments shall be adopted that complement and reinforce the Official Plan policies respecting the preservation of significant heritage buildings. 2.2 New development related to significant heritage buildings shall be sympathetic in height, massing, setback, character and location. Page 9 of 33

10 CONSENT PUBLIC HEARING: 5. FILE NOS.: B027/06, B028/06 & TERRA SPERANZA DEVELOPMENTS INC The zoning of lands neighbouring significant heritage buildings or located within Heritage Conservation Districts shall have a zoning designation that ensures sympathetic infill and development of the heritage resource that is affected. Strategy 3- - Include Provisions for Preservation in Plan of Subdivision Agreements 3.1 The development of new lots under the plan of subdivision process will require that owners be required to preserve, restore and incorporate significant heritage structures in their plan. 3.2 The preservation of significant heritage buildings shall be made a condition of plan approval prior to the registration of the subdivision agreement. 3.3 A Letter of Credit shall be requested of the owner as a condition of approval and included in the subdivision agreement with the City. 3.4 A Letter of Credit as per section 3.3 shall be requested in the amount of the cost equal to the re-construction of the heritage structure. Where a significant heritage building is destroyed or demolished without City approval, the Letter of Credit will be used to reconstruct or repair the heritage building. 3.5 An owner having satisfied the conditions to preserve the heritage structure and has incorporated and preserved the structure in the proposed subdivision shall have the Letter of Credit released by the City. Strategy 4- - Include Provisions for Preservation in Site Plan Control 4.1 The goal of Official Plan policies respecting heritage conservation shall be supported through site plan controls. 4.2 All development application submissions of site plan approval that have an impact upon significant heritage structures shall include provisions for the preservation and restoration of the structure at its location. 4.3 All new infill development surrounding a significant heritage structure shall be sympathetic to the structure in terms of the scale, massing, and character. 4.4 The retention of a significant heritage structure shall be made a condition of site plan approval and included in the site plan agreement with the City. 4.5 A Letter of Credit shall be requested from the owner as a condition of approval and included in the site plan agreement with the City. 4.6 A Letter of Credit as per section 4.5, in the amount equaling the cost of re-constructing the heritage structure shall be requested from a property owner to ensure the preservation of the significant heritage building. Where a significant heritage building is destroyed or demolished without City approval, the Letter of Credit will be used to reconstruct or repair the heritage building. 4.7 An owner having satisfied the condition to preserve the heritage structure as per 4.4 and having appropriately incorporated and reused the structure in the development proposal, shall have the Letter of Credit released by the City. Page 10 of 33

11 CONSENT PUBLIC HEARING: 5. FILE NOS.: B027/06, B028/06 & TERRA SPERANZA DEVELOPMENTS INC. 6. Strategy 5- Enforce Property Standards By-law to Protect Heritage Buildings 5.1 The City s Property Standards By-law (409-99), Section 3.17 requiring the boarding of vacant buildings by property owners, shall be enforced where heritage buildings have been left vacant and unsafe to protect against the risk of fire, accident or other danger or damage. 5.2 Culture staff, in conjunction with By-law Enforcement will develop standard procedures and requirements for boarding vacant heritage buildings by property owners when a Property Standards Order is issued under Section 3.17 of the Property Standards Bylaw. Strategy 6- Provide Financial Incentives to Owners for Heritage Buildings 6.1 The City may consider establishing a tax rebate/reduction program under Part X, Section of the Municipal Act for eligible heritage properties. 6.2 The City shall continue its financial support of the City s Designated Property Grant program (established under Section 39.1 of the Ontario Heritage Act) for the repair and restoration of designated property under the Ontario Heritage Act. 6.3 The City will review the Designated Property Grant program from time to time, to ensure its effectiveness in providing funds for the repair and restoration of designated heritage property. 6.4 A new Designated Property loan program under Section 39.2 of the Ontario Heritage Act may be considered for adoption by the City to provide low-interest loans for the repair and restoration of designated heritage property. 6.5 The City considers the creation of a non-profit foundation that could raise funds and receive donations to purchase heritage buildings and properties. The Foundation could be established as an arms-length organization of Council that could be entrusted with providing grants and loans for the purpose of preserving built heritage resources in the City. Strategy 7 Designate Heritage Properties under the Ontario Heritage Act 7.1 The Designation of individual properties under Part IV of the Ontario Heritage Act to protect and preserve significant heritage property shall be supported and encouraged by Council. 7.2 The Designation of heritage conservation areas or districts under Part V of the Ontario Heritage Act, to preserve areas of significant architectural or historical value, shall be supported and encouraged by Council. 7.3 The historic core of Woodbridge shall be considered for future study as a Heritage Conservation District as per Part V of the Ontario Heritage Act. Its Designation will ensure that all historic core areas in the City are designated as a Heritage Conservation District. Strategy 8 Buildings of Significant Historical and Architectural Importance Shall be Preserved in the Using Provisions Outlined in the Strategy 8.1 The study entitled a Listing of Buildings of Significant Historical and Architectural Significance which identifies buildings of cultural heritage value be referred to by Staff in reviewing development plans in order to identify heritage buildings that should be cited for preservation in the development process. Page 11 of 33

12 CONSENT PUBLIC HEARING: 5. FILE NOS.: B027/06, B028/06 & TERRA SPERANZA DEVELOPMENTS INC Buildings included in the Listing shall be preserved through the tools and provisions outlined in this Strategy document. 8.3 Buildings included in the Listing shall be made part of the Register of Property of Cultural Heritage Value as provided under Section IV, Subsection 27 of the Ontario Heritage Act. 8.4 Owners of buildings of significant heritage value shall be notified of the significance of their building via registered mail. Strategy 9- Implement Procedures that Ensure the Identification of Heritage Resources and the Implementation of Strategic Plan Provisions 9.1 The Cultural Heritage Co-ordinator shall be circulated all development applications, demolition permit applications, Committee of Adjustment applications, and those building permit applications having an impact on heritage property, in an effort to identify and provide preservation provisions with regard to significant heritage buildings and sites. 9.2 Property owners will be provided with information on heritage property requirements by staff at the beginning of any application process to the City. There were no other comments/objections from any Departments or Agencies and any conditions requested are listed below MOVED by D. H. Kang Seconded by M. S. Panicali THAT Application No. B027/06 & B028/06 - TERRA SPERANZA DEVELOPMENTS INC., be APPROVED, in accordance with the sketch attached and subject to the following conditions: NOTE: All conditions below must be fulfilled and clearance letters must be received by the Secretary-Treasurer before any cheques can be accepted and Certificate of Official can be issued. 1. That the owner shall pay (for each application) all taxes as levied (by certified cheque), if required, to the satisfaction of the Reserves/Capital Department; (contact Terri Liuni in the Reserves/Capital Department to have this condition cleared). 2. That the applicant provide to the Secretary Treasurer letters of undertaking, stating that the ADDITION to an existing lot taken into the title of the land to the SOUTH, for industrial purposes; 3. This consent is given on the express understanding that Subsection 3 or Subsection 5 of Section 50 of the Planning Act shall apply to any subsequent conveyance in respect to the subject lands; 4. The Owner shall convey sufficient property to provide 17.5m from the centerline of Huntington Road municipal road allowance to the City of Vaughan at no cost and free of charge and encumbrance to the City; if required, to the satisfaction of the Engineering Department; 5. The Owner shall arrange to prepare and register a reference plan at his/her expense for the conveyance of the required road widening to the satisfaction of the City of Vaughan. Owner shall pay the cost ($ cheque payable to the City of Vaughan) for the registration of the conveyed lands to the City of Vaughan, if required, to the satisfaction of the Engineering Department; Page 12 of 33

13 CONSENT PUBLIC HEARING: 5. FILE NOS.: B027/06, B028/06 & TERRA SPERANZA DEVELOPMENTS INC A by-law shall be passed dedicating the road widening as public highway to the satisfaction of the Engineering Department and the Owner shall pay the cost ($ cheque payable to the City of Vaughan) for the of the registration of the road dedication by-law to the City of Vaughan, if required, to the satisfaction of the Engineering Department; 7. That Consent applications B027/06 and B028/06 be approved; 8. Submission to the Secretary-Treasurer of FOUR (4) white prints of a registered deposited reference plan of survey, showing the subject land which conforms with the application submitted and which shows the dimensions and areas of each part shown on the plan; 9. Upon fulfilling and complying with all of the above-noted conditions, the Secretary- Treasurer of the Committee of Adjustment must be provided with a letter and three (3) copies of a legal size (8.5 by 14 ) Schedule Page, in a format satisfactory to the Secretary-Treasurer, from the Applicant s solicitor confirming the legal description of the subject lands, sufficient for registration purposes the Schedule Page will be an attachment to the Certificate. Upon being satisfied with said legal description and upon all other conditions for the consent having been satisfied, the Secretary-Treasurer shall provide a Certificate of Official to the applicant in accordance with Section 53(42) of the Planning Act, R.S.O. 1990, as amended; 10. A fee of $ made payable to the Treasurer City of Vaughan shall, be submitted to the Secretary Treasurer for the issuance of the Certificate/stamping of the deeds. It will be necessary to allow up to three (3) working days after all conditions have been fulfilled and documentation filed. Same day service is also available for an additional cost of $145.00, provided all conditions of approval have been fulfilled and all required documents are submitted by 11:30 am that day; 11. Prior to the issuance of a building permit, if required, the applicant shall fulfil and comply with all of the above noted consent conditions; 7. FILE NO B029/06 VAUGHAN WEST II LIMITED Part of Lots 6-8, Concession 9, (Municipally known as 7981, 8095 & 8111 Huntington Road, Woodbridge). The subject land is zoned A, Agricultural zone under By-Law 1-88 as amended. Purpose and Effect The purpose of this application is to request the consent of the Committee of Adjustment to convey parcels of land as addition to an existing lot taken into the title of the land to the north, for the purpose of a pond and retain the lands for industrial purposes. Currently the subject land is vacant. There are 3 buildings (Farmhouse and barns) located on the retained land to be demolished. Page 13 of 33

14 CONSENT PUBLIC HEARING: 7. FILE NO B029/06 VAUGHAN WEST II LIMITED 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: B029/06 Zoning File No. Z The above noted application was heard by the Committee of Adjustment in conjunction with B027/06 & B028/06 Donna Lue, appeared as the designated agent on behalf of the applicant and gave a brief submission regarding the requests. There was no one in attendance either in support of or in opposition to the request. Cultural Services made the following written comments: Cultural Services has reviewed the Request for Comments circulated by the Committee of Adjustment for the above applications for Consent and offers the following information. There are no conditions or objections for the approval of the subject application, however, Cultural Services staff would like to submit the following information to the property owner for future reference in the development of the property. Council approved the Strategy for the Maintenance and Preservation of Significant Heritage Buildings on June 27, Provisions in the Strategy include requirements for the maintenance and preservation of built heritage resources and archaeological resources when dealing with development and site alteration within the City of Vaughan. Strategy 1.3 from the Strategy states: Development applications submitted to the City that have an impact on a significant heritage structure, must adhere to preservation requirements as outlined in the Official Plan. This includes applications for zoning amendments and draft plans of subdivision. Strategy 1.4 from the Strategy states: Policy provisions requiring Cultural Heritage Resource Impact Assessment reports by heritage property owners shall be included in the City s Official Plan and Official Plan Amendments. Cultural Heritage Resource Impact Assessment (CHIA) reports will provide an assessment of the heritage site or property and the impact the proposed development will have on the heritage structure. CHIA reports will also include preservation and mitigation measures for the heritage property. A Cultural Heritage Resource Impact Assessment report, provided by the owner, will be a condition of any future draft plan of subdivision. The property at 8265 Huntington Road contains the Pearson farmhouse, built of red brick in The Pearson farmhouse is included in the City of Vaughan s Listing of Significant Heritage Structures, the City s Register of Property of Cultural Heritage Value as per Part IV, Subsection 27 of the Ontario Heritage Act, approved by Council in June Strategy 8.2 from the Strategy states that: Buildings included in the Listing shall be preserved through the tools and provisions outlined in this Strategy document. When reviewing any future development application, Cultural Services will be recommending preservation/incorporation of the Pearson farmhouse into the proposed development design. Cultural Services staff would also like to advise the owner that the clearance of all concerns for archaeological resources will also be requested as a condition of approval of all future development applications for the subject property. Page 14 of 33

15 CONSENT PUBLIC HEARING: 7. FILE NO B029/06 VAUGHAN WEST II LIMITED STRATEGY FOR THE MAINTENANCE & PRESERVATION OF GUIDING PRINCIPLES SIGNIFICANT HERITAGE BUILDINGS 1. Built heritage resources are recognized as an irreplaceable commodity, unique to the Vaughan community that should be preserved for future generations to experience. 2. Built heritage resources create a distinctive and exceptional urban, suburban & rural environment and landscape that are important in developing rich, interesting and sustainable communities. 3. Preservation of built heritage resources should not prevent the development of lands, but rather by their retention and incorporation in a development plan, create more interesting streetscapes and communities. OBJECTIVES 1. To encourage and ensure the preservation of significant heritage buildings/structures in the City of Vaughan through the use of available tools and resources. 2. To encourage the adaptive re-use of significant heritage buildings in infill and the new development of lands. 3. To develop procedures and requirements for the review of development applications that will ensure the identification and preservation of significant heritage buildings. STRATEGIES Strategy 1- Include Provisions for Preservation in Official Plans & Official Plan Amendments 1.1 The City s Official Plans and Official Plan Amendments shall identify significant heritage property and or structures and shall outline preservation policies on future land use for lands containing heritage property. 1.2 Preservation policies in Official Plans and Official Plan Amendments regarding significant heritage property will include provisions for Letter of Credit requirements, Property Standards requirements, designation under the Ontario Heritage Act requirements and other policies as deemed necessary to preserve the identified heritage property. 1.3 Development applications submitted to the City that have an impact on a significant heritage structure, must adhere to preservation requirements as outlined in the Official Plan. This includes applications for zoning amendments and draft plans of subdivision. 1.4 Policy provisions requiring Cultural Heritage Resource Impact Assessment reports by heritage property owners shall be included in the City s Official Plan and Official Plan Amendments. Cultural Heritage Resource Impact Assessment (CHIA) reports will provide an assessment of the heritage site or property and the impact the proposed development will have on the heritage structure. CHIA reports will also include preservation and mitigation measures for the heritage property. Page 15 of 33

16 CONSENT PUBLIC HEARING: 7. FILE NO B029/06 VAUGHAN WEST II LIMITED Strategy 2-- Include Provisions for Preservation in Zoning Amendments 2.1 Zoning by-law amendments shall be adopted that complement and reinforce the Official Plan policies respecting the preservation of significant heritage buildings. 2.2 New development related to significant heritage buildings shall be sympathetic in height, massing, setback, character and location. 2.3 The zoning of lands neighbouring significant heritage buildings or located within Heritage Conservation Districts shall have a zoning designation that ensures sympathetic infill and development of the heritage resource that is affected. Strategy 3- - Include Provisions for Preservation in Plan of Subdivision Agreements 3.2 The development of new lots under the plan of subdivision process will require that owners be required to preserve, restore and incorporate significant heritage structures in their plan. 3.2 The preservation of significant heritage buildings shall be made a condition of plan approval prior to the registration of the subdivision agreement. 3.3 A Letter of Credit shall be requested of the owner as a condition of approval and included in the subdivision agreement with the City. 3.4 A Letter of Credit as per section 3.3 shall be requested in the amount of the cost equal to the re-construction of the heritage structure. Where a significant heritage building is destroyed or demolished without City approval, the Letter of Credit will be used to reconstruct or repair the heritage building. 3.5 An owner having satisfied the conditions to preserve the heritage structure and has incorporated and preserved the structure in the proposed subdivision shall have the Letter of Credit released by the City. Strategy 4- - Include Provisions for Preservation in Site Plan Control 4.1 The goal of Official Plan policies respecting heritage conservation shall be supported through site plan controls. 4.2 All development application submissions of site plan approval that have an impact upon significant heritage structures shall include provisions for the preservation and restoration of the structure at its location. 4.3 All new infill development surrounding a significant heritage structure shall be sympathetic to the structure in terms of the scale, massing, and character. 4.4 The retention of a significant heritage structure shall be made a condition of site plan approval and included in the site plan agreement with the City. 4.5 A Letter of Credit shall be requested from the owner as a condition of approval and included in the site plan agreement with the City. 4.6 A Letter of Credit as per section 4.5, in the amount equaling the cost of re-constructing the heritage structure shall be requested from a property owner to ensure the preservation of the significant heritage building. Where a significant heritage building is destroyed or demolished without City approval, the Letter of Credit will be used to reconstruct or repair the heritage building. Page 16 of 33

17 CONSENT PUBLIC HEARING: 7. FILE NO B029/06 VAUGHAN WEST II LIMITED 4.7 An owner having satisfied the condition to preserve the heritage structure as per 4.4 and having appropriately incorporated and reused the structure in the development proposal, shall have the Letter of Credit released by the City. Strategy 5- Enforce Property Standards By-law to Protect Heritage Buildings 5.1 The City s Property Standards By-law (409-99), Section 3.17 requiring the boarding of vacant buildings by property owners, shall be enforced where heritage buildings have been left vacant and unsafe to protect against the risk of fire, accident or other danger or damage. 5.2 Culture staff, in conjunction with By-law Enforcement will develop standard procedures and requirements for boarding vacant heritage buildings by property owners when a Property Standards Order is issued under Section 3.17 of the Property Standards Bylaw. Strategy 6- Provide Financial Incentives to Owners for Heritage Buildings 6.1 The City may consider establishing a tax rebate/reduction program under Part X, Section of the Municipal Act for eligible heritage properties. 6.2 The City shall continue its financial support of the City s Designated Property Grant program (established under Section 39.1 of the Ontario Heritage Act) for the repair and restoration of designated property under the Ontario Heritage Act. 6.3 The City will review the Designated Property Grant program from time to time, to ensure its effectiveness in providing funds for the repair and restoration of designated heritage property. 6.4 A new Designated Property loan program under Section 39.2 of the Ontario Heritage Act may be considered for adoption by the City to provide low-interest loans for the repair and restoration of designated heritage property. 6.5 The City considers the creation of a non-profit foundation that could raise funds and receive donations to purchase heritage buildings and properties. The Foundation could be established as an arms-length organization of Council that could be entrusted with providing grants and loans for the purpose of preserving built heritage resources in the City. Strategy 7 Designate Heritage Properties under the Ontario Heritage Act 7.1 The Designation of individual properties under Part IV of the Ontario Heritage Act to protect and preserve significant heritage property shall be supported and encouraged by Council. 7.2 The Designation of heritage conservation areas or districts under Part V of the Ontario Heritage Act, to preserve areas of significant architectural or historical value, shall be supported and encouraged by Council. 7.3 The historic core of Woodbridge shall be considered for future study as a Heritage Conservation District as per Part V of the Ontario Heritage Act. Its Designation will ensure that all historic core areas in the City are designated as a Heritage Conservation District. Strategy 8 Buildings of Significant Historical and Architectural Importance Shall be Preserved in the Using Provisions Outlined in the Strategy Page 17 of 33

18 CONSENT PUBLIC HEARING: 7. FILE NO B029/06 VAUGHAN WEST II LIMITED 8.1 The study entitled a Listing of Buildings of Significant Historical and Architectural Significance which identifies buildings of cultural heritage value be referred to by Staff in reviewing development plans in order to identify heritage buildings that should be cited for preservation in the development process. 8.2 Buildings included in the Listing shall be preserved through the tools and provisions outlined in this Strategy document. 8.3 Buildings included in the Listing shall be made part of the Register of Property of Cultural Heritage Value as provided under Section IV, Subsection 27 of the Ontario Heritage Act. 8.4 Owners of buildings of significant heritage value shall be notified of the significance of their building via registered mail. Strategy 9- Implement Procedures that Ensure the Identification of Heritage Resources and the Implementation of Strategic Plan Provisions 9.1 The Cultural Heritage Co-ordinator shall be circulated all development applications, demolition permit applications, Committee of Adjustment applications, and those building permit applications having an impact on heritage property, in an effort to identify and provide preservation provisions with regard to significant heritage buildings and sites. 9.2 Property owners will be provided with information on heritage property requirements by staff at the beginning of any application process to the City. There were no other comments/objections from any Departments or Agencies and any conditions requested are listed below MOVED by D. H. Kang Seconded by M. S. Panicali THAT Application No. B029/06 - VAUGHAN WEST II LIMITED, be APPROVED, in accordance with the sketch attached and subject to the following conditions: NOTE: All conditions below must be fulfilled and clearance letters must be received by the Secretary-Treasurer before any cheques can be accepted and Certificate of Official can be issued. 1. That the owner shall pay all taxes as levied (by certified cheque), if required, to the satisfaction of the Reserves/Capital Department; (contact Terri Liuni in the Reserves/Capital Department to have this condition cleared). 2. That the applicant provide to the Secretary Treasurer letters of undertaking, stating that the ADDITION to an existing lot taken into the title of the land to the NORTH, for the purpose of a pond; 3. This consent is given on the express understanding that Subsection 3 or Subsection 5 of Section 50 of the Planning Act shall apply to any subsequent conveyance in respect to the subject lands; 4. That Consent applications B027/06 and B028/06 be approved; 5. Submission to the Secretary-Treasurer of FOUR (4) white prints of a registered deposited reference plan of survey, showing the subject land which conforms with the application submitted and which shows the dimensions and areas of each part shown on the plan; Page 18 of 33

19 CONSENT PUBLIC HEARING: 7. FILE NO B029/06 VAUGHAN WEST II LIMITED 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 three (3) copies of a legal size (8.5 by 14 ) Schedule Page, in a format satisfactory to the Secretary-Treasurer, from the Applicant s solicitor confirming the legal description of the subject lands, sufficient for registration purposes the Schedule Page will be an attachment to the Certificate. Upon being satisfied with said legal description and upon all other conditions for the consent having been satisfied, the Secretary-Treasurer shall provide a Certificate of Official to the applicant in accordance with Section 53(42) of the Planning Act, R.S.O. 1990, as amended; 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/stamping of the deeds. It will be necessary to allow up to three (3) working days after all conditions have been fulfilled and documentation filed. Same day service is also available for an additional cost of $145.00, provided all conditions of approval have been fulfilled and all required documents are submitted by 11:30 am that day; 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; 8. FILE NO B030/06 LORWOOD HOLDINGS INC. Part of Lot 16 & 17, Concession 5, (municipally known as 3140 Rutherford Road, Maple). The subject land is zoned A, Agricultural zone under By-Law 1-88 as amended. Purpose and Effect The purpose of this application is to request the consent of the Committee of Adjustment to grant a lease in excess of twenty-one years (Macdonald s Restaurant) for commercial purposes, and retain the lands for commercial retail and office purposes. Currently the site is under construction, There is one proposed building for the subject land. The retained lands have five (5) commercial retail and office buildings proposed. Other Planning Act Applications The land which is the subject in this application was the subject of an application under the Planning Act for: Zoning By-law Amendment Z APPROVED Site Plan Application DA APPROVED. Helen Lepek, Lepek Consulting Inc., appeared as the designated agent on behalf of the applicant and gave a brief submission regarding the request. There was no one in attendance either in support of or in opposition to the request. There were no comments/objections from any Departments or Agencies and any conditions requested are listed below MOVED by M. S. Panicali Seconded by D. H. Kang Page 19 of 33

20 CONSENT PUBLIC HEARING: 8. FILE NO B030/06 LORWOOD HOLDINGS INC. THAT Application No. B030/06- LORWOOD HOLDINGS INC., be APPROVED, in accordance with the sketch attached and subject to the following conditions: NOTE: All conditions below must be fulfilled and clearance letters must be received by the Secretary-Treasurer before any cheques can be accepted and Certificate of Official can be issued. 1. That the owner shall pay all taxes as levied, if required, to the satisfaction of the Reserves/Capital Department; (contact Terri Liuni in the Reserves/Capital Department to have this condition cleared). 2. This consent is given on the express understanding that Subsection 3 or Subsection 5 of Section 50 of the Planning Act shall apply to any subsequent conveyance in respect to the subject lands; 3. Upon fulfilling and complying with all of the above-noted conditions, the Secretary- Treasurer of the Committee of Adjustment must be provided with a letter and three (3) copies of a legal size (8.5 by 14 ) Schedule Page, in a format satisfactory to the Secretary-Treasurer, from the Applicant s solicitor confirming the legal description of the subject lands, sufficient for registration purposes the Schedule Page will be an attachment to the Certificate. Upon being satisfied with said legal description and upon all other conditions for the consent having been satisfied, the Secretary-Treasurer shall provide a Certificate of Official to the applicant in accordance with Section 53(42) of the Planning Act, R.S.O. 1990, as amended; 4. A fee of $ made payable to the Treasurer City of Vaughan shall, be submitted to the Secretary Treasurer for the issuance of the Certificate/stamping of the deeds. It will be necessary to allow up to three (3) working days after all conditions have been fulfilled and documentation filed. Same day service is also available for an additional cost of $145.00, provided all conditions of approval have been fulfilled and all required documents are submitted by 11:30 am that day; 5. Prior to the issuance of a building permit, if required, the applicant shall fulfil and comply with all of the above noted consent conditions; 9. FILE NOS B031/06, B032/06 & TONY IOIA 10 Part of Lot 26, Concession 1, (Lot 54, Registered Plan 3205, Part 2, Part 4, Reference Plan No. 65R-28931, municipally located on Payson Avenue, Thornhill). Purpose and Effect The purpose of these applications is to request the consent of the Committee of Adjustment to convey parcels of lands for the purpose of creating new lots, for residential purposes, together with all required easements and right-of-ways, if required, and retain the lands for residential purposes. The subject lands and retained lands are zoned R3-H Residential with a Holding Provision, and are subject to the provisions of Exception 9(735). Both the subject lands and retained lands are currently vacant. Page 20 of 33