The Minutes of the 20th Meeting of the Vaughan Committee of Adjustment for the year 2001 Thursday, NOVEMBER 8, :00p.m.

Transcription

1 The Minutes of the 20th Meeting of the Vaughan Committee of Adjustment for the year 2001 Thursday, NOVEMBER 8, 2001 Present at the meeting were: 6:00p.m. M. Mauti L. Fluxgold K. Hakoda T. DeCicco S. Perrella Members of Staff present: Dianne E.L. Grout, Secretary-Treasurer Anne Markovsky, Assistant to the Secretary-Treasurer Glenn White, Planner Grant Uyeyama, Senior Planner Margaret Sitarz, Plans Examiner Andrea Egizii, Plans Examiner INTRODUCTION OF ADDENDUM REPORTS ` MOVED by S. Perrella Seconded by L. Fluxgold That the addendum reports be incorporated into the minutes and be on view at the back of the room in the Report Book. CARRIED DISCLOSURE OF PECUNIARY INTEREST T. DeCicco declared a conflict of interest with respect to Item #9 & 10, File Nos. B51/01 & A308/01, DONALD FISHMAN & STAN FISHMAN, as he owns property in the vicinity. M. Mauti declared a conflict of interest with respect to Item # 15, File No. B89/01, PETRO CANADA, as she is an employee of Bell Canada. ADOPTION OR CORRECTION OF MINUTES MOVED by S. Perrella Seconded by L. Fluxgold THAT the minutes of the Committee of Adjustment Meeting of October 25, 2001, be adopted as circulated. CARRIED ADJOURNMENTS AND/OR DEFERRALS It should be noted that Item No. 18, File No. A307/01, JOSE & MARIA DA SILVA, requested this item be placed on the November 22, 2001 agenda. A fax was received from National Homes, dated November 6, 2001, requesting that Item # s 23 to 37, File Nos. A314/01 to A328/01, Ruza MANOJLOVIC, Barbara- Jeanne ANDERSON, Heather & Chris BIRD, K.R.S. RODRIGO, Sheila MARTINS, Marine GRINCHENKO, Emmanual MENDOZA, Margaret JOHNSON, Ravi PERSAD, Erica & Steven GALE, George DAVIS, Denise WHITE, Diana & Steven DAVEY, Michael GLAIZER, AND D. & A. COSTANZA, be heard first as it is anticipated that a large number of residents would be attending and it may be beneficial for these applications to be heard first. Page 1 of 22

2 ADJOURNMENTS AND/OR DEFERRALS A fax was received from Howard L. Waldman, 7636 Yonge Street, Thornhill, Ontario, L4J 1V9, requesting that Item # B89/01, PETRO CANADA, be heard first, due to possible lack of quorum due to conflict of interest situations. At this time Anne Mc Cauley, the agent representing EMC Group Ltd., took the podium and made a request that Item# s 9 & 10, File No. File Nos. B51/01 & A308/01, DONALD FISHMAN AND STAN FISHMAN, BE ADJOURNED to the December 6, 2001 meeting, in order to resolve some issues. It should also be noted that T. DeCicco, abstained from voting on this item, as he declared a conflict of interest at the start of the meeting. MOVED by S. Perrella Seconded by L. Fluxgold THAT Item No. 18, File No. A307/01, JOSE & MARIA DA SILVA, be scheduled for the November 22, 2001 meeting. THAT Item # s 23 to 37, File Nos. A314/01 to A328/01, Ruza MANOJLOVIC, Barbara- Jeanne ANDERSON, Heather & Chris BIRD, K.R.S. RODRIGO, Sheila MARTINS, Marine GRINCHENKO, Emmanual MENDOZA, Margaret JOHNSON, Ravi PERSAD, Erica & Steven GALE, George DAVIS, Denise WHITE, Diana & Steven DAVEY, Michael GLAIZER, AND D. & A. COSTANZA, be heard first THAT Item # B89/01, PETRO CANADA, be heard next. THAT Item # s 9 & 10, File No. File Nos. B51/01 & A308/01, DONALD FISHMAN AND STAN FISHMAN, BE ADJOURNED to the December 6, CARRIED ADMINISTRATIVE CORRECTIONS None. MINOR VARIANCE PUBLIC HEARING 1. FILE NOS.: A314/01 TO A328/01 to 15. Ruza MANOJLOVIC, Barbara- Jeanne ANDERSON, Heather & Chris BIRD, K.R.S. RODRIGO, Sheila MARTINS, Marine GRINCHENKO, Emmanual MENDOZA, Margaret JOHNSON, Ravi PERSAD, Erica & Steven GALE, George DAVIS, Denise WHITE, Diana & Steven DAVEY, Michael GLAIZER, AND D. & A. COSTANZA Part of Lot 15, Concession 3, (Lots 9, 12 and 15 of Block 2, Lots 22 and 26 of Block 3, Lots of Block 15, Lots 99 and 102 of Block 16 AND Lots 140 and 141 of Block 23; Registered Plan 65M-3367; municipally known as 59, 65, & 71 Forest Run Boulevard, 99 & 107 Benjamin Hood Crescent, 9148, 9146, 9144, 9142, 9140, 9138, 9132 & 9126 Dufferin Street AND 85 & 87 Forest Run Boulevard all respectively). By-law 1-88 zones this parcel "RVM1(A)" Residential Urban Village Multiple Dwelling Zone One (Street Townhouse). Page 2 of 22

3 MINOR VARIANCE PUBLIC HEARING 1. FILE NOS.: A314/01 TO A328/01 to 15. Ruza MANOJLOVIC, Barbara- Jeanne ANDERSON, Heather & Chris BIRD, K.R.S. RODRIGO, Sheila MARTINS, Marine GRINCHENKO, Emmanual MENDOZA, Margaret JOHNSON, Ravi PERSAD, Erica & Steven GALE, George DAVIS, Denise WHITE, Diana & Steven DAVEY, Michael GLAIZER, AND D. & A. COSTANZA The applicants are requesting variances to permit the maintenance of existing detached garages, notwithstanding, the nature of the proposed variances, the proposed changes to the existing By-law and the current By-law requirements are as follows: Applicants (by File #) OF requesting the change VARIANCES A316/01 and A327/01 Interior garage width A314/01, A315/01, Interior garage A317/01 to A320/01, width A322/01,A324/01 to A326/01, & A328/01 A321/01 Interior garage width A323/01 Interior garage width PROPOSED CHANGES Decrease to 2.74m x 5.8m Decrease to 2.76m x 5.8m Decrease to 2.8m x 5.8m Decrease to 2.82m x 5.8m BY-LAW REQUIREMENTS Minimum of 3.0m x 5.8m Minimum of 3.0m x 5.8m Minimum of 3.0m x 5.8m Minimum of 3.0m x 5.8m Donna Lue, appeared as the agent and introduced architect John Beresford, 70 Silton Road, Unit 1, Woodbridge, Ontario, L4L 8B9, who gave brief background information regarding the subdivision with respect to the interior garage widths. Stacy Anne Cassup, 9120 Dufferin Street, Vaughan, Ontario, L4K 5M5, appeared in opposition to this request and stated that she is not part of this agreement, however, was concerned what affect these applications would have during their pursuit for a legal settlement. The Committee informed her they have been advised that these applications before them have no bearing on the court case for the rest of the residents. The following residents represented by National Homes were in support of the application: Barbara Anderson, 65 Forest Run Blvd., Concord, Ontario, L4K 5J6; Erica Gale, 9140 Dufferin Street, Vaughan, Ontario, L4K 5M5; Daniel Costanza, 87 Forest Run Blvd, Concord, Ontario, L4K 5J2; Denise White, 9132 Dufferin Street, Concord, Ontario, L4K 5M5. Gino Larice, 11 Elderbrook Crest., Concord, Ontario, L4K 5M3, appeared with concerns that approval of these applications may set a president for decreasing the interior garage widths. The Committee assured him it will not, and further stated that if any applications of this nature are presented, they will be looked at individually. There was no one else in attendance either in support of or in opposition to the request. The Community Planning Department made the following written comment: In their opinion the reduced interior width does not allow sufficient space within the garage to accommodate the opening of vehicle doors, particularly of larger vehicles. The functional interior garage width is 3.0m. 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 K. Hakoda Page 3 of 22

4 MINOR VARIANCE PUBLIC HEARING 1. FILE NOS.: A314/01 TO A328/01 to 15. Ruza MANOJLOVIC, Barbara- Jeanne ANDERSON, Heather & Chris BIRD, K.R.S. RODRIGO, Sheila MARTINS, Marine GRINCHENKO, Emmanual MENDOZA, Margaret JOHNSON, Ravi PERSAD, Erica & Steven GALE, George DAVIS, Denise WHITE, Diana & Steven DAVEY, Michael GLAIZER, AND D. & A. COSTANZA THAT Application Nos. A314/01 to A328/01, Ruza MANOJLOVIC, Barbara- Jeanne ANDERSON, Heather & Chris BIRD, K.R.S. RODRIGO, Sheila MARTINS, Marine GRINCHENKO, Emmanual MENDOZA, Margaret JOHNSON, Ravi PERSAD, Erica & Steven GALE, George DAVIS, Denise WHITE, Diana & Steven DAVEY, Michael GLAIZER, AND D. & A. COSTANZA, be APPROVED, subject to the following conditions: 1. That a revision permit depicting the reduced interior garage width is required for each 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. CONSENT PUBLIC HEARING: It should be noted that M. Mauti declared a conflict of interest at the start of the meeting and left the Council Chambers for the next item, at which time T. DeCicco took the chair. 16. FILE NO. B89/01 PETRO CANADA Part of Lot 5, Concession 7, (Part of Lot 95, Registrar s Compiled Plan 9831, municipally known as 5241 Highway #7 West). The purpose of this application is to request the consent of the Committee of Adjustment to grant an easement in favour of Bell Canada for underground telecommunication purposes, and retain the land for service station/highway commercial purposes. The subject land is vacant. There is a concrete apron and store building currently located on the retained land. By-law 1-88 zones both the subject and retained lands C6 Highway Commercial. Howard Waldman, appeared as the 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 objections from any Departments or Agencies and any conditions requested are listed below. MOVED by K. Hakoda Seconded by L. Fluxgold Page 4 of 22

5 CONSENT PUBLIC HEARING: 16. FILE NO. B89/01 PETRO CANADA THAT Application No. B89/01 PETRO CANADA, be APPROVED subject to the following conditions : 1. That the applicant provide to the Secretary Treasurer a letter of undertaking, stating that the easement in question is in favour of Bell Canada. 2. That the owner shall pay all taxes as levied, if required, to the satisfaction of the Finance Department; (contact Linda Nelson in the Finance Department to have this condition cleared). 3. That 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. Upon fulfilling and complying with all of the above-noted conditions, and only if required, the Secretary-Treasurer of the Committee of Adjustment must be provided with three (3) copies of the Transfer/Deed of Land for the subject land to be stamped accordingly; or may provide a Certificate to the Applicant stating the Consent has been given in certain cases; When submitting Deeds please provide a Schedule Page which includes the legal description of the lands in question for stamping purposes. Failure to provide this Schedule page will result in the delay of stamping the Deeds until it is received 5. 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 $100.00, provided all conditions of approval have been fulfilled and all required documents are submitted by 11:30am. that day; 6. Prior to the issuance of a building permit, if required, the applicant shall fulfill and comply with all of the above noted consent conditions; M. Mauti returned to the Chambers for the rest of the hearing. 17. FILE NO B74/01 CANADIAN NATIONAL RAILWAY COMPANY Part of Lot 2, Concession 6, (located on Hanlan Road/Scholes Road). The purpose of the application is to request the consent of the Committee of Adjustment to convey a parcel of land for an addition to an existing lot taken into the title of the lands to the South for driveway purposes, together with all required easements and right of ways, and retain the lands for railway corridor purposes. CONSENT PUBLIC HEARING: Page 5 of 22

6 17. FILE NO B74/01 CANADIAN NATIONAL RAILWAY COMPANY Both the subject and retained lands are vacant, used for railway purposes. By-law 1-88 zones the subject lands "PB1" (s) Parkway Belt Linear Facilities and the retained lands AEM2" General Employment Area. This application was adjourned from August 31, 2000 meeting pending by-law zoning amendment. 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: Amendment To Zoning By-law Z Report adopted by Council August 27, 2001., by-law enactment still pending. Consent Application File No. B95/98 APPROVED - ADDITION TO THE SOUTH (Similar application intended for 80 and 100 Hanlan Road) Consent Application File No. B58/01 APPROVED ADDITION TO THE SOUTH (Similar application intended for 360 Hanlan Rd., Deed not finalized). John F. Smith from Fraser Milner Casgrain was the designated agent, representing the applicant, however, he was not present to take part. The Committee agreed to hear this item. There was no one in attendance either in support of or in opposition to the request. There were no objections from any Departments or Agencies and any conditions requested are listed below. MOVED by T. DeCicco Seconded by K. Hakoda THAT Application No. B74/00 CANADIAN NATIONAL RAILWAY, be APPROVED, subject to the following conditions: 1. That the owner shall pay all taxes as levied, if required, to the satisfaction of the Finance Department; (contact Linda Nelson in the Finance Department to have this condition cleared). 2. That PB1 (s) land be rezoned to EM2 General Industrial, if required, to the satisfaction of the Building Standards Department; 3. That the resulting By-law of Zoning By-law amendment Z be in full force and effect, if required, to the satisfaction of the Community Planning Department; 4. That the applicant provide to the Secretary Treasurer a letter of undertaking, stating that the lands in question are in favour of or taken into the title of the lands to the South intended for 390 Hanlan Road, 5. 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; CONSENT PUBLIC HEARING: Page 6 of 22

7 17. FILE NO B74/01 CANADIAN NATIONAL RAILWAY COMPANY 6. 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; 7. Upon fulfilling and complying with all of the above-noted conditions, and only if required, the Secretary-Treasurer of the Committee of Adjustment must be provided with three (3) copies of the Transfer/Deed of Land for the subject land to be stamped accordingly; or may provide a Certificate to the Applicant stating the Consent has been given in certain cases; When submitting Deeds please provide a Schedule Page which includes the legal description of the lands in question for stamping purposes. Failure to provide this Schedule page will result in the delay of stamping the Deeds until it is received 8. 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 $100.00, provided all conditions of approval have been fulfilled and all required documents are submitted by 11:30am. that day; 9. Prior to the issuance of a building permit, if required, the applicant shall fulfill and comply with all of the above noted consent conditions; 18. FILE NO. B63/01 METRONTARIO INVESTMENTS LIMITED Part of Lot 6 Concession 2, (Parts 1-3, Reference Plan No. 65R-18402, municipally known as 784 Centre Street.) The purpose of this application is to request the consent of the Committee of Adjustment to convey a parcel of land for the purpose of creating a new lot, for Commercial retail purposes, together with all required easements and right-of-ways, and retain the lands for residential purposes. Both the subject and retained lands are currently vacant. However, a Commercial Town Centre is proposed for the subject land and high density residential area is proposed for the retained lands. By-law 1-88 zones the subject and retained lands "A" Agricultural. Scott Zanaros, appeared as the agent on behalf of the applicant and gave a brief submission regarding the request. The Committee acknowledged that Council approved the Site Development Application DA on October 23, 2001, however, had concerns with respect to the necessary exceptions to be included in the by-law which is still pending. CONSENT PUBLIC HEARING: Page 7 of 22

8 18. FILE NO. B63/01 METRONTARIO INVESTMENTS LIMITED There was no one else in attendance either in support of or in opposition to the request. There were no objections from any Departments or Agencies. MOVED by L. Fluxgold Seconded by T. DeCicco That this item be ADJOURNED SINE DIE until Council approval is received for the amended Bylaw. It should be noted that T. DeCicco left the Council Chambers and did not take part in the rest of the hearing. MINOR VARIANCE PUBLIC HEARING: 19. FILE NO. A299/01 KHALIL SUPPLE Part of Lot 24 Concession 5, (Lot 253L, Registered Plan 65M-3347, municipally known as 15 Convoy Crescent). By-law 1-88 zones this parcel "RV4(WS) Residential Urban Village Zone Four. The applicant is requesting a variance to permit the maintenance of an existing two-storey Semi-detached dwelling with an attached garage and air conditioning unit, notwithstanding, the minimum interior side yard setback to the air conditioning unit is 0.5m, rather than the By-law requires the minimum interior side yard setback to the air conditioning unit to be 1.2m A fax of opposition was received on October 18,2001 from Kenneth E. Keevil, 9 Convoy Cres., Maple, Ontario, L6A 3H2, stating that the location of the unit is causing excessive noise pollution. Faxes of support were received November 7 & 8, 2001 from the following residents: C. Ambrose 16 Convoy Cres Maple, Ontario L6A 3H2 Doug Perisic 23 Convoy Cres Maple, Ontario L6A 3H2 Reinaldo Jara 18 Convoy Cres Maple, Ontario L6A 3H2 MINOR VARIANCE PUBLIC HEARING: C. Gordan 21 Convoy Cres Maple, Ontario L6A 3H2 John and Ivana Vaccaro 17 Convoy Cres Maple, Ontario L6A 3H2 E. Brava 27 Convoy Cres Maple, Ontario L6A 3H2 Rocco Panetta 20 Convoy Cres Maple, Ontario L6A 3H2 Paul Desousa 19 Convoy Cres Maple, Ontario L6A 3H2 Page 8 of 22

9 19. FILE NO. A299/01 KHALIL SUPPLE Khalil Supple, the applicant appeared and gave a brief submission regarding the request. Mandy and Jonathan Lam, 11 Convoy Cres., Maple, Ontario, L6A 3H2, appeared in opposition to this application, by presenting photos and sketches and raising several concerns with respect to noise, air quality, and heat produced from the unit, jeopardizing their rights of enjoyment on their property. She stated that the unit should have been placed in the rear which would lessen some of these problems, and also stated that the neighbour did not approach them prior to installation. The applicant had an opportunity to address the above concerns claiming the owners were present during the installation of the air conditioner and never stated that they had concerns at that time. The Committee agreed to stand this item down for later on in the proceedings to give the applicant and the neighbour an opportunity for discussion. There was no one else in attendance either in support of or in opposition to the request. There were no objections from any Departments or Agencies. MOVED by S. Perrella Seconded by L. Fluxgold THAT Item # A299/01, KHALIL SUPPLE, be STOOD DOWN, for later on in the proceedings. CONSENT AND MINOR VARIANCE PUBLIC HEARING: 20. FILE NOS: B84/01 & B85/01A248/01 & MIDVALE ESTATES LTD 21. Part of Lot 16, Concession 8, (municipally known as 5420 Rutherford Road). B84/01 - The purpose of this application is to request the consent of the Committee of Adjustment to convey a parcel of land for a maintenance easement in favour of the lands to the East, (and the eventual owner (s) of Lot 11, Plan No. 65M-3387), and retain the lands as vacant land. B85/01 - The purpose of this application is to request the consent of the Committee of Adjustment to convey a parcel of land for a maintenance easement in favour of the lands to the East, (and the eventual owner (s) of Lot 17, Plan No. 65M-3387), and retain the lands as vacant land. Both the subject and retained lands are vacant rural lands. By-law 1-88 zones the subject and retained lands A Agricultural. Daniel Musso, from Bianchi Presta, appeared as the 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. CONSENT AND MINOR VARIANCE PUBLIC HEARING: Page 9 of 22

10 20. FILE NOS: B84/01 & B85/01A248/01 & MIDVALE ESTATES LTD 21. There were no objections from any Departments or Agencies and any conditions requested are listed below. MOVED by S. Perrella Seconded by L. Fluxgold THAT Application No. B84/01 MIDVALE ESTATES, be APPROVED, subject to the following conditions: 1. That the owner shall pay all taxes as levied, if required, to the satisfaction of the Finance Department; (contact Linda Nelson in the Finance Department to have this condition cleared). 2. That the applicant provide to the Secretary Treasurer a letter of undertaking, stating that the easement in question is in favour of the lands to the East, Lot 11; 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. 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; 5. Upon fulfilling and complying with all of the above-noted conditions, and only if required, the Secretary-Treasurer of the Committee of Adjustment must be provided with three (3) copies of the Transfer/Deed of Land for the subject land to be stamped accordingly; or may provide a Certificate to the Applicant stating the Consent has been given in certain cases; When submitting Deeds please provide a Schedule Page which includes the legal description of the lands in question for stamping purposes. Failure to provide this Schedule page will result in the delay of stamping the Deeds until it is received. 6..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 $100.00, provided all conditions of approval have been fulfilled and all required documents are submitted by 11:30 am that day; 7. Prior to the issuance of a building permit, if required, the applicant shall fulfill and comply with all of the above noted consent conditions; THAT Application No. B85/01 MIDVALE ESTATES, be APPROVED, subject to the following conditions: 1. That the owner shall pay all taxes as levied, if required, to the satisfaction of the Finance Department; (contact Linda Nelson in the Finance Department to have this condition cleared). 2. That the applicant provide to the Secretary Treasurer a letter of undertaking, stating that the easement in question is in favour of the lands to the East, Lot 11; CONSENT AND MINOR VARIANCE PUBLIC HEARING: Page 10 of 22

11 20. FILE NOS: B84/01 & B85/01A248/01 & MIDVALE ESTATES LTD 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. 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; 5. Upon fulfilling and complying with all of the above-noted conditions, and only if required, the Secretary-Treasurer of the Committee of Adjustment must be provided with three (3) copies of the Transfer/Deed of Land for the subject land to be stamped accordingly; or may provide a Certificate to the Applicant stating the Consent has been given in certain cases; When submitting Deeds please provide a Schedule Page which includes the legal description of the lands in question for stamping purposes. Failure to provide this Schedule page will result in the delay of stamping the Deeds until it is received. 6. 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 $100.00, provided all conditions of approval have been fulfilled and all required documents are submitted by 11:30 am that day; 7. Prior to the issuance of a building permit, if required, the applicant shall fulfill and comply with all of the above noted consent conditions; CONSENT PUBLIC HEARING: 22. FILE NO:B86/01 MATILDE DE LISI Part of Lot 13, Concession 6, (Lot 26, Registered Plan No. 5757, municipally known as 246 Pine Valley Crescent, Woodbridge). The purpose of this application is to request the consent of the Committee of Adjustment to convey a parcel of land for an addition to an existing lot taken into the title of the lands to the North intended for 41 Flatbush Avenue, for residential purposes, and retain the lands for residential purposes. The retained lands have a single family detached dwelling. The subject lands are currently vacant and are proposed to be added to the rear yard of 41 Flatbush Avenue. By-law 1-88 zones both the subject and retained lands as RR Rural Residential. CONSENT PUBLIC HEARING: Page 11 of 22

12 22. FILE NO:B86/01 MATILDE DE LISI Enzo Colosimo, appeared as the 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 objections from any Departments or Agencies and any conditions requested are listed below. MOVED by S. Perrella Seconded by L. Fluxgold THAT Application No. B86/01 MATILDE DE LISI, be APPROVED, subject to the following conditions: 1. That the owner shall pay all taxes as levied, if required, to the satisfaction of the Finance Department; (contact Linda Nelson in the Finance Department to have this condition cleared). 2. That the lands being severed and added to Lot 149, Plan 65M-2703 (41 Flatbush Avenue) are rezoned to R1 Residential Zone; if required, to the satisfaction of the Building Standards Department and the Community Planning Department; 3. 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; 4. Upon fulfilling and complying with all of the above-noted conditions, and only if required, the Secretary-Treasurer of the Committee of Adjustment must be provided with three (3) copies of the Transfer/Deed of Land for the subject land to be stamped accordingly; or may provide a Certificate to the Applicant stating the Consent has been given in certain cases; When submitting Deeds please provide a Schedule Page which includes the legal description of the lands in question for stamping purposes. Failure to provide this Schedule page will result in the delay of stamping the Deeds until it is received 5. 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 $100.00, provided all conditions of approval have been fulfilled and all required documents are submitted by 11:30am. that day; 6. Prior to the issuance of a building permit, if required, the applicant shall fulfill and comply with all of the above noted consent conditions; 23.. FILE NO:B87/01 NER ISRAEL YESHIVA COLLEGE Part of Lot 14, Concession 2, (municipally known as 8950 Bathurst Street.). CONSENT PUBLIC HEARING: Page 12 of 22

13 23.. FILE NO:B87/01 NER ISRAEL YESHIVA COLLEGE 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 residential purposes, and retain the lands for institutional/residential purposes The subject lands are presently vacant, residential subdivision is proposed. The retained lands have 28 residential townhouses and various institutional buildings. By-law 1-88 zones the subject lands, RV4 Residential Urban Village Zone Four; RV3 Residential Urban Village Zone Three; OS1 Open Space Conservation. By-law 1-88 zones the retained lands, A Agricultural; RV4 Residential Urban Village Zone Four; RV3 Residential Urban Village Zone Three; OS1 Open Space Conservation; RVM2 Residential Urban Village Multiple Dwelling Zone Two; RVM1(A) Residential Urban Village Multiple Dwelling Zone One (Street Townhouse). 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: Minor Variance File No. A78/89 APPROVED, May 3, 1989 side yard setbacks for Townhouses Robert Judges, appeared as the 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 objections from any Departments or Agencies and any conditions requested are listed below. MOVED by L. Fluxgold Seconded by K. Hakoda THAT Application No. B87/01 NER ISRAEL YESHIVA COLLEGE, be APPROVED, 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 Finance Department and Parks Department; 2. That the owner shall pay all taxes as levied, if required, to the satisfaction of the Finance Department; (contact Linda Nelson in the Finance Department to have this condition cleared). 3. The applicant shall provide the City of Vaughan with an appraisal report 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 the deeding of land for park purposes shall be made if a new lot is being created. Said levy is to be 5% of the appraised market value of the subject land as of the date of the Committee of Adjustment giving notice to the Applicant of the herein decision. Said levy shall be approved by the Manager of Real Estate. Payment shall be made by certified cheque only; CONSENT PUBLIC HEARING: Page 13 of 22

14 23.. FILE NO:B87/01 NER ISRAEL YESHIVA COLLEGE 4. That the approval of the application be conditional upon an agreement being entered into with the City of Vaughan to provide for the construction of the road, if required, to the satisfaction of the Building Standards Department, Engineering Department, and Community Planning Department; 5. That any variances required for the institutional use regarding minimum required setbacks and maximum lot coverage be obtained, if required, to the satisfaction of the Building Standards Department; 6. 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; 7. Upon fulfilling and complying with all of the above-noted conditions, and only if required, the Secretary-Treasurer of the Committee of Adjustment must be provided with three (3) copies of the Transfer/Deed of Land for the subject land to be stamped accordingly; or may provide a Certificate to the Applicant stating the Consent has been given in certain cases; When submitting Deeds please provide a Schedule Page which includes the legal description of the lands in question for stamping purposes. Failure to provide this Schedule page will result in the delay of stamping the Deeds until it is received 8. 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 $100.00, provided all conditions of approval have been fulfilled and all required documents are submitted by 11:30 am that day; 9. Prior to the issuance of a building permit, if required, the applicant shall fulfill and comply with all of the above noted consent conditions; 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. 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 Finance Department; MINOR VARIANCE PUBLIC HEARING: Page 14 of 22

15 24. FILE NO:A261/ ONTARIO INC., TONY DERBEDROSIAN Part of Lot 9, Conc. 3, (Lot 5, Registered Plan M-1832, municipally known as 78 Bradwick Drive, Concord.) The applicant is requesting variances to permit the maintenance of a covered and enclosed addition for the shipping area of an existing one storey industrial building, notwithstanding, the rear yard setback is 0.9m, the interior side yard setback is 5.6m, parking spaces reduced to 13, rather than the By-law requires rear yard setback of 12.0m., interior side yard setback of 6.0m., parking spaces required are 52 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: Minor Variance File No. A238/96 APPROVED AUGUST 22, 1996, FOR A 5 YEAR TERM FOR CANOPY ONLY (AT PRESENT THIS CANOPY IS FULLY ENCLOSED, HENCE, THE REQUEST FOR MAINTENANCE OF AN ADDITION AS STATED ABOVE.) Minor Variance File No. A167/01 REFUSED JUNE 28, 2001, ANOTHER CANOPY REQUEST FOR DIFFERENT, APPEALED TO THE OMB. On November 1, 2001, letters of support were received from the following occupants: CONCORD HYDRAULICS LTD., 161 CONNIE CRES., UNIT 3 CONCORD, ONTARIO L4K 1L3 ATTEN: KEN JONES NORTHSTREAM INDUSTRIES LTD., 161 CONNIE CRES., UNIT 8-12 CONCORD, ONTARIO L4K 1L3 ATTEN: TOM CONLAN CAN=AM METAL MFG. INC. 107 CONNIE CRES., CONCORD, ONTARIO L4K 1L3 ATTEN: TOM CONLAN ACCUTEC STEEL RULE DIE & CUTTING 161 CONNIE CRES., UNIT 13 CONCORD, ONTARIO L4K 1L3 ATTEN: NILESH BOSS CANADA INC. 62 BRADWICK DRIVE CONCORD, ONTARIO L4K 1K8 ATTEN: JOHN F. POWELL JUNNIO S ITALIAN RESTAURANT 40 BRADWICK DRIVE, #24 CONCORD, ONTARIO L4K 1K9 TOVEL ONTARIO LTD., 77 BRADWICK DRIVE CONCORD, ONTARIO L4K 1K5 ATTEN: DAVID BENTIVOGLIO MKM EQUIPMENT RENTALS LTD 96 BRADWICK DRIVE CONCORD, ONTARIO L4K 1K8 Tony Derbedrosian the applicant, appeared on his own behalf and gave a brief submission regarding the request. He stated that the enclosure of the canopy was necessary to prevent theft which was a regular occurrence in that area. There was no one in attendance either in support of or in opposition to the request. The Community Planning Department made the following written comments: This department does not consider the variance to be minor in nature. In their opinion this application should be processed by way of an application to amend the Zoning by-law. Page 15 of 22

16 MINOR VARIANCE PUBLIC HEARING: 24. FILE NO:A261/ ONTARIO INC., TONY DERBEDROSIAN There were no objections from any Departments or Agencies and any conditions requested 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 K. Hakoda Seconded by S. Perrella THAT Application No. A261/ ONTARIO INC., TONY DERBEDROSIAN be APPROVED, subject to the following conditions: 1. That a minimum of 5% of the lot is to be used for no other purpose than landscaping, if required, to the satisfaction of the Building Standards Department; 2. That a revision permit be obtained, if required, to the satisfaction of the Building Standards Department; 3. 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. 25. FILE NO:A306/01 RABBI ISRAEL LANDA, TRUSTEE Lot 6, Concession 2, (municipally known as 7770 Bathurst Street). By-law 1-88 zones this parcel "A" Agricultural. The applicant is requesting variances to permit the construction of a proposed threestorey synagogue, notwithstanding, the nature of the proposed variances, the proposed changes to the existing By-law and the current By-law requirements are as follows: OF VARIANCES PROPOSED CHANGES BY-LAW REQUIREMENTS Minimum front yard setback 0.6m 15.0m Min. interior side yard setback (south 1.1m 15.0m side) Min. interior side yard setback (north side) 1.3m 15.0m Minimum number of parking spaces 53 NOT NOT 296 provided (including 1 Handicapped Space) Minimum landscape strip width along a lot 4.6m 6.0m line abutting a street line Maximum lot coverage 47.7% 20% Maximum building height 13.0m 11.0m EXTERIOR STAIRS To permit exterior stair in the interior side yard Exterior stairs to be located in the rear yard only Page 16 of 22

17 MINOR VARIANCE PUBLIC HEARING: 25. FILE NO:A306/01 RABBI ISRAEL LANDA, TRUSTEE It should be noted that the variance regarding a driveway width of 5.1m rather than 5.4m was removed. By way of a letter dated November 6, 2001 and delivered in person, revisions were made with respect to parking spaces requirement to read 53 not 49 and eliminating the need for a variance for the minimum driveway width. Peter Weston, 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 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 K. Hakoda THAT Application No. A306/01- RABBI ISRAEL LANDA, TRUSTEE be APPROVED, AS AMENDED, subject to the following conditions: 1. That the variances be conditional upon the proposal being constructed in accordance with the requested variances as shown on the attached sketch, if required, to the satisfaction of the Building Standards Department; 2. That a building permit be obtained, if required, to the satisfaction of the Building Standards Department; 3. That any required new consent applications be approved and in full force and effect, if required, to the satisfaction of the Building Standards Department; 4. That the applicant obtains Site Plan approval for this proposal from the Engineering Department, if required, to the satisfaction of the Engineering Department; 5. That if the conditions listed above are not fulfilled within twelve (12) months of the date this decision becomes final and binding, the said decision shall expire and shall be deemed to have been annulled and rescinded by the Committee. Page 17 of 22

18 26. FILE NO:A309/01 HOOPP REALTY INC. Part of Lot 15, Conc. 4, (Part 2 of Reference Plan No. 65R-22343, municipally known as 2771 Rutherford Road). By-law 1-88 zones this parcel EM1 Prestige Employment Area and EM2 General Employment Area. The applicant is requesting variances to permit the maintenance of a one storey office and mezzanine and a one storey plant and warehouse, notwithstanding, maximum driveway width is 16.13m, landscaping strip abutting Rutherford Road is 2.49m and 7.25m, landscaping strip abutting Modeno Trail is 1.47m., rather than the By-law requires maximum driveway width of 13.5m, minimum landscaping strip abutting Rutherford of 9.0m, minimum landscaping strip abutting Modeno Trail of 3.0m. Joe Marrese from Pailliser Property Management, appeared as the 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 objections from any Departments or Agencies and any conditions requested 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. Hakoda THAT Application No. A309/01 HOOPP REALTY INC., be APPROVED, subject to the following conditions: 1. That the applicant obtain a revised permit, 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. 27. FILE NO:A310/01 FIORE FLAMINIO Part of Lot 25, Concession 4, (Lot 52, Registered Plan 65M-3351, municipally known as 74 Rosanna Crescent, Maple). By-law 1-88 zones this parcel R3 Residential. Page 18 of 22

19 MINOR VARIANCE PUBLIC HEARING: 27. FILE NO:A310/01 FIORE FLAMINIO The applicant is requesting a variance to permit the maintenance of an existing air conditioner placed in the side yard of a one storey single family dwelling, notwithstanding, the minimum interior side yard setback is.516m., rather than the By-law requires the minimum interior side yard setback to be 1.2m. Fiore Flaminio the applicant, appeared 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 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 No. A310/01 FIORE FLAMINIO, be APPROVED. 28. FILE NO:A311/01 GIOVANNI FARRO Part Lot 13, Concession 3, (Lot 3, Registered Plan No. 65M-3394, municipally known as 15 Eminence Road, Concord). By-law 1-88 zones this parcel RV4" Residential Urban Village Zone Four. The applicant is requesting variances to permit the maintenance of an existing two storey single family detached dwelling, notwithstanding the maximum driveway width is 8.5m., and the minimum required landscaped front or exterior yard is 26%, rather than the By-law requires the maximum driveway width to be 6.0m., and the minimum required landscaped front or exterior yard is 33%. Giovanni Farro the applicant, appeared and gave a brief submission regarding the request and presented the Committee with a petition of support from the following residents: R. Persaud, 19 Eminence Rd., Concord, Ontario, L4K 5G1; Joey Greco, 20 Eminence Rd., Concord, Ontario, L4K 5G1; Marek Sobczyk, 16 Eminence Rd., Concord, Ontario, L4K 5G1; Gayl Swartz, 9 Eminence Rd., Concord, Ontario, L4K 5G1. There was no one in attendance either in support of or in opposition to the request. The Community Planning Department made the following written comments: This department has not supported similar requests in the past and do not consider this appropriate development of the land. There were no other objections from any Departments or Agencies. Page 19 of 22

20 MINOR VARIANCE PUBLIC HEARING: 28. FILE NO:A311/01 GIOVANNI FARRO It should be noted that K. Hakoda left the Council Chambers and did not take part for File No. A311/01 and A313/01. 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 L. Fluxgold THAT Application No. A311/01 GIOVANNI FARRO, be APPROVED. 29. FILE NO:A313/01 GLADYS SPIZZIRRI Part of Lot 25, Conc. 4, (Lot 4, Registered Plan No. 65M-3196, municipally known as 111 Ridgeway Court, Maple). By-law 1-88 zones this parcel R4 Residential. The applicant is requesting a variance to permit the maintenance of a two storey single family detached dwelling, with attached garage, notwithstanding, the rear yard setback is 7.09m. to the deck structure, rather than the By-law requires minimum rear yard setback to any building or structure of 10.0m. Gladys Spizzirri the applicant, appeared and gave a brief submission regarding the request and presented the Committee with a petition of support from the following residents: IVANO SERPA 107 RIDGEWAY CRT MARK BREADNER 119 RIDGEWAY CRT JERRY MALFARA 127 RIDGEWAY CRT MARIE SEDORA 77 RIDGEWAY CRT OCCUPANT 66 RIDGEWAY CRT ANGELA ROGES 78 RIDGEWAY CRT JULIE APPELBE 117 RIDGEWAY CRT CHRIS COOK 121 RIDGEWAY CRT SCOTT AMOS 128 RIDGEWAY CRT Page 20 of 22

21 MINOR VARIANCE PUBLIC HEARING: 29. FILE NO:A313/01 GLADYS SPIZZIRRI SUSIE PANTARINI 124 RIDGEWAY CRT OCCUPANT 95 RIDGEWAY CRT JOSIE FRAGNELLI 58 RIDGEWAY CRT V. MICELI 85 RIDGEWAY CRT K. BAKOS 98 RIDGEWAY CRT DENISE DONATI-SCARCELLI 125 RIDGEWAY CRT KAREN BUSCHE 122 RIDGEWAY CRT EDDY COSTO 72 RIDGEWAY CRT MIA CORALLO 103 RIDGEWAY CRT ANNE FELDMAN 82 RIDGEWAY CRT OCCUPANT 84 RIDGEWAY CRT C. STEFANO 101 RIDGEWAY CRT OCCUPANT VALENTI 94 RIDGEWAY CRT TANYA BARBOSA 90 RIDGEWAY CRT DENNIS MARICIC 123 RIDGEWAY CRT FABIO BORTOLUZZI 120 RIDGEWAY CRT There was no one in attendance either in support of or in opposition to the request. There were no objections from any Departments or Agencies and any conditions requested 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 L. Fluxgold THAT Application No. A313/01 GLADYS SPIZZIRRI, be APPROVED, subject to the following conditions: 1. That a building permit be obtained and that the variance is conditional upon the structure being constructed 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. Page 21 of 22

22 MINOR VARIANCE PUBLIC HEARING: K. Hakoda returned to the Chambers and took part in the next item. At this time the Committee called Item No. 8, A299/01 KHALIL SUPPLE, which was previously STOOD DOWN. A299/01 KHALIL SUPPLE Mandy Lam the opposing neighbour took the podium and stated that they were not able to reach an agreement with the applicant with respect to the location of the air conditioner. 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 S. Perrella THAT Application No. A299/01- KHALIL SUPPLE, be APPROVED. OTHER BUSINESS None. MOTION TO ADJOURN MOVED by L. Fluxgold Seconded by K. Hakoda THAT the meeting of Committee of Adjustment be adjourned at 7:15 p.m., and the next regular meeting will be held on NOVEMBER 22, 2001 Page 22 of 22