The Minutes of the 4th Meeting of the Vaughan Committee of Adjustment for the year 2000 Thursday FEBRUARY 17, 2000

Transcription

1 The Minutes of the 4th Meeting of the Vaughan Committee of Adjustment for the year 2000 Thursday FEBRUARY 17, 2000 Present at the meeting were: 6:00 p.m. M. Mauti T. DeCicco L. Fluxgold S. Perrella arrived at 6:15 Members of Staff present: Dianne E.L. Grout, Secretary-Treasurer Lenore Providence, Assistant Secretary-Treasurer Glenn White, Planner Arminé Hassakourians, Plans Examiner INTRODUCTION OF ADDENDUM REPORTS MOVED by T. DeCicco 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 # s 6 and 7, File Nos. B8/00 and A365/98, ISLINGTON-RUTHERFORD INC. INC. as he has interest in the land. ADOPTION OR CORRECTION OF MINUTES MOVED by L. Fluxgold Seconded by T. DeCicco THAT the minutes of the Committee of Adjustment Meeting of February 3, 2000 be adopted as circulated. CARRIED It should be noted that M. Mauti abstained from voting on the above matter, since she was not present at the February 3, 2000 meeting. ADMINISTRATIVE CORRECTION/ADJOURNMENTS AND/OR DEFERRALS Mr. John Thompson, the applicant, advised Committee of Adjustment staff in person, of the error in the Notice of Application for Item # s 20 and 21, JOHN AND GRACE THOMPSON File Nos. B22/00 and A53/00, be CORRECTED to reflect the addition to be taken into the title of 7983 Islington Ave. Mr. Fred Ulrich, the applicant, hand delivered a letter to the Committee of Adjustment staff requesting that Item # 23, FRED ULRICH, File No. B25/00, be ADJOURNED SINE DIE, until Council approves a zoning amendment application and Item #24, FRED ULRICH, File No. A68/00, be WITHDRAWN, as the variances will be addressed during the zoning amendment application process. MOVED by L. Fluxgold Seconded by T. DeCicco THAT Item # s 20 and 21, JOHN AND GRACE THOMPSON File Nos. B22/00 and A53/00, be CORRECTED. 1

2 ADMINISTRATIVE CORRECTION/ADJOURNMENTS AND/OR DEFERRALS THAT Item # 23, FRED ULRICH, File No. B25/00, be ADJOURNED SINE DIE, until Council approves a zoning amendment application and Item #24, FRED ULRICH, File No. A68/00, be WITHDRAWN. CARRIED. T. DeCicco left the Council Chambers at this time and did not take part in the discussion for the following items. CONSENT AND MINOR VARIANCE PUBLIC HEARING (Previously heard items) 1. FILE NOS. B8/00 and A365/98 & ISLINGTON-RUTHERFORD INVESTMENT INCORPORATED 2. Block 250, Registered Plan 65M-3318 (Part of Lot 18, Concession 8) located at the south west corner of Islington Avenue and Napa Valley Avenue. PROPOSALS B8/00 - The purpose of the application is to request the consent of the Committee of Adjustment to convey a parcel of land for right-of-way purposes in favour of the lands to the South, and retain lands for future Retail Commercial Plaza. The subject and retained lands are presently vacant. A driveway is proposed on the subject land from Islington Avenue to parking areas and landscaping. By-law 1-88 zones the subject and retained lands C4(H)" Neighbourhood Commercial Holding Zone. A365/98 - By-law 1-88 zones this parcel C4(H) Neighbourhood Commercial. The applicant is requesting variances to permit the construction of a one storey, commercial retail plaza, notwithstanding, 1) Setback to residential zone will be 10.0m, rather than the By-law requires a minimum setback to residential zone of 22.5m; 2) Landscape abutting a street will be 3.0m, rather than the By-law requires minimum landscape abutting a street of 6.0m; 3) Rear yard setback will be 10.0m, rather than the By-law requires a minimum of 15m; 4) Front yard setback will be 6.0m, rather than the By-law requires a minimum of 11.0m; 5) Loading and unloading will be between a building and a street, rather than the By-law requires no loading and unloading between a building and a street. 6) Minimum parking spaces will be 571, rather than the By-law requires a minimum of 595 parking spaces. Don Given, the agent, appeared and gave a brief submission regarding the request. He told the Committee that after continued discussions with staff and Mr. Greco, he has reviewed the conditions request by Mr. Greco and would not object to them being added as conditions of approval. The Committee accommodate Mr. Greco s request and added two conditions to the resolution, adding if required and to the satisfaction of a City Department. Mr. Frank Greco, Islington Avenue, Vaughan, Ontario, L0J 1C0, appeared and expressed questioned why the Committee would add if required to his conditions. The Committee, told Mr. Greco, that it is standard on all conditions and ultimately it will be up to the Department s to decide whether or not his request is valid. CONSENT AND MINOR VARIANCE PUBLIC HEARINGS: 2

3 2. FILE NOS. B8/00 and A365/98 & ISLINGTON-RUTHERFORD INVESTMENT INCORPORATED 3 A letter was faxed from Mr. A. Greco, Renaissance Enterprises, Islington Avenue, Vaughan, Ontario, L0J 1C0, requesting the Committee to consider placing two conditions listed, that would relieve his concerns. 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 and any conditions requested are listed below. MOVED by L. Fluxgold Seconded by M. Mauti THAT Application No. B8/00, ISLINGTON-RUTHERFORD INVESTMENTS INCORPORATED, 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 Corresponding Minor Variance application, File # A365/98, ISLINGTON - RUTHERFORD INV. INC., be approved and be in full force and effect; 3. 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. 4. 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; 5. Submission to the Secretary-Treasurer of three (3) white prints of a registered deposited reference plan of survey, showing the subject land which conforms with the application submitted and which shows the dimensions and areas of each part shown on the plan; 6. Upon fulfilling and complying with all of the above-noted conditions, 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; 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; 8. Pursuant to Section 53(20) of the Planning Act, the applicant shall have a period of one year from the date of the Committee of Adjustment giving Notice of the herein Decision to the Applicant to fulfill and comply with all of the (above-noted) conditions, if required, of Consent, failing which the application for consent shall thereupon deem to be refused; CARRIED. 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 M. Mauti 3

4 CONSENT AND MINOR VARIANCE PUBLIC HEARINGS: 2. FILE NOS. B8/00 and A365/98 & ISLINGTON-RUTHERFORD INVESTMENT INCORPORATED 3 THAT Application Nos. A365/98 - ISLINGTON-RUTHERFORD INV. INC., be APPROVED, subject to the following conditions: 1. That the variances for the reduction in building setback to residential zone, landscape abutting a street, landscape abutting residential, rear yard setback, front yard setback, loading and unloading between a building and a street, minimum parking spaces, are conditional upon the property being constructed in accordance with the requested variances as shown on the attached sketch forming part of this application, to the satisfaction of the Building Standards Department. 2. That the number of loading and unloading doors between a building and a street (Islington Avenue) shall be restricted to one (1) single door, if required, to the satisfaction of the Planning Department and Building Department; 3. That the owner provide landscaped area at the south-east corner of the Grocery Store to adequately screen the loading area from the entrance to Islington Avenue, if required, to the satisfaction of the Urban Design & Environment; 4. That the owner arrange to prepare and register a reference plan at his expense for the required 0.3m reserve, if required, to the satisfaction of the Engineering Department; 5. That a by-law be passed, dedicating 0.3m reserve as public highway, if required, to the satisfaction of the Engineering Department; 6. That the owner shall pay to the City of Vaughan all cost to register the dedication By-law for the aforementioned (0.3m reserve(s)/road widening), if required, to the satisfaction of the Clerk's Department; 7. That the owner enter into a site plan agreement to meet the restrictions provided in the subdivision agreement for 19T-95113, if required, to the satisfaction of the Engineering Department; 8. That the applicant upgrade landscape planting along Islington Avenue and Napa Valley, if required, to the satisfaction of the Urban Design & Environment; 9. That the applicant install at rear of proposed food store, an 1800mm. (180m) high solid wood screen fence along the property line west of adjacent property driveway entrance, if required, to the satisfaction of the Urban Design & Environment; 10. That the applicant install significant screening at rear of Building A & B, in the form of high branching deciduous trees, if required, to the satisfaction of the Urban Design & Environment; 11. That the applicant submit for approval a detailed landscape plan, if required, to the satisfaction of the Urban Design & Environment; 12. That the corresponding Consent Application, File # B8/00, ISLINGTON-RUTHERFORD INV. INC., be approved and be in full force and effect; 13. That if the conditions listed above are not fulfilled and the Building Permit is not applied for within twelve (12) months of the date this decision becomes final and binding, the said decision shall expire and shall be deemed to have been annulled and rescinded by the Committee. 4

5 CARRIED MINOR VARIANCE PUBLIC HEARINGS: 4. FILE NO. A317/99 REVREONT LTD. Lot 44, Registered Plan No. 65M-2167 (Part of Lot 4, Concession 6), municipally known as 790 Rowntree Dairy Road. PROPOSAL By-law 1-88 zones this parcel EM1" Prestige Employment Area. The applicant is requesting a variance to permit the construction of a two storey industrial addition to an existing two storey industrial building, notwithstanding, the minimum parking spaces provided will be 69, rather than the by-law requires minimum parking spaces of 77. Mr. Bob Chorny, the agent, appeared on behalf of the applicant and gave a brief submission regarding the request. Mr. Chorny faxed two site plans, which illustrated the proposed 69 parking spaces and the required 77 parking spaces that showed which parking spaces were being eliminated. He mentioned that the City Traffic Department preferred the 69 parking space. 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 be 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 M. Mauti THAT Application Nos. A317/99 - REVREONT LTD., be APPROVED, subject to the following conditions: 1. That the variance for the reduction in parking spaces is conditional upon the property being constructed in accordance with the requested variance as shown on the attached sketch forming part of this application, to the satisfaction of the Building Standards Department; 2. That if the condition listed above is 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. CARRIED T. DeCicco. returned to the Council Chambers at this time and took part in the remaining items. S. Perrella arrived at this time. 5. FILE NO. A7/00 IL GONDOLIERE (1983) LIMITED 5

6 Part of Lot 20, Registered Plan 7925 (Part of Lot 7, Concession 6) municipally known as 227 Bowes Road. 6

7 MINOR VARIANCE PUBLIC HEARINGS: 5. FILE NO. A7/00 IL GONDOLIERE (1983) LIMITED PROPOSAL By-law 1-88 zones this parcel EM2" General Employment Area. The applicant is requesting variances to permit the construction of a proposed, one-storey addition to an existing one-storey industrial building, notwithstanding, the minimum interior side yard setback will be 2.6m, rather than the By-law requires the minimum interior side yard setback to be 6.0m and the minimum parking spaces for a G.F.A. of 1711m 2 will be 102 rather than the By-law requires 189 parking spaces. Wes Surdyka, the agent, appeared on behalf of the applicant and gave a brief submission regarding the request. Letters of support were submitted from the following people: Sema Construction Co. Ltd., Attention of Edward Mancinelli, 2101 Teston Road, Maple, Ontario L6A 1R3; Concord Furniture Inc., 211 Bowes Road, Concord, Ontario, L4K 1H8; Arvin Automotive, 248 Bowes Road, Concord, Ontario, L4K 1H8; Adriatic Insurance Broker Ltd., Attention of Richard Mendrek, 10 Director Court, Suite 100, Woodbridge, ONtario, L4L 7E6 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 be listed below. The Committee is of the opinion that the variances sought can be considered minor and are desirable for the appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will be maintained. MOVED by L. Fluxgold Seconded by T, DeCicco THAT Application No. A7/00, IL GONDOLIERE (1983) LIMITED, be APPROVED, subject to the following conditions: 1. That the Owner shall submit a parking study since the reduction of the parking stalls is 54%, if required, to the satisfaction of the Engineering Department; 2. That sufficient landscape buffering be installed along the southernly setback/install high branching deciduous 8.5m O.C.., if required, to the satisfaction of the Urban Design and Environment Department; 3. That an 1800mm high solid wood fence be continuous along the entire length of the addition up to the edge of the loading area, if required, to the satisfaction of the Urban Design and Environment Department; 4. That the applicant submit a detailed landscape plan for approval, if required, to the satisfaction of the Urban Design and Environment 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. CARRIED 7

8 CONSENT AND MINOR VARIANCE PUBLIC HEARING: 6. FILE NOS. B12/00, A11/00 and A12/00 to RITA BRUNO 8. Part of Lot 10, Registered Plan 6022, (Part of Lot 10, Concession 7), municipally known as 110 Hayhoe Avenue. PROPOSALS B12/00 - The purpose of this application is to request the consent of the Committee of Adjustment to a convey parcel of land for the creation of a new lot for residential purposes and retain the land for residential purposes. The subject land is currently vacant. There is a single family dwelling and a detached garage located on the retained lands. A single family dwelling is proposed for the subject land. By-law 1-88 zones the subject and retained lands RIV Old Village Residential. The applicant is requesting variances to facilitate the consent of application B12/00 (A11/00 - subject land and A12/00 - retained land) to convey a parcel of land for the creation of a new lot, notwithstanding, lot frontage will be 19.61m (A11/00) and 19.25m (A12/00) rather than the By-law requires a minimum lot frontage of 30m. Claudio Brutto, the agent, appeared and gave a brief presentation regarding the request using transparencies and an overhead projector. He re-iterated points that were addressed in his written submission to the Committee. Mr. John Ing, 106 Hayhoe Avenue, Woodbridge, Ontario, L4L 1S4, appeared in opposition, he read from a petition that he submitted in opposition to the request from the following people: John G. Ing & Marilyn Ing,Susan Ing & Stephen Ing,106 Hayhoe Avenue,Woodbridge, Ontario,L6A 1S4; Irene Boyce,Grant Boyce,53 Hayhoe Avenue,Woodbridge, Ontario,L6A 1S4; W.G. Whitney,Marg Whitney,86 Hayhoe Avenue,Woodbridge, Ontario,L6A 1S4; Luera Martin,Franco Martin,Robert Martin,60 Hayhoe Avenue,Woodbridge, Ontario,L6A 1S4; R. H. Barker,Irene Barker,36 Hayhoe Avenue,Woodbridge, Ontario,L6A 1S4; Alex Wilson,Anne Wilson,46 Hayhoe Avenue,Woodbridge, Ontario,L6A 1S4; Nico Guglielmin,Olga Guglielmin,120 Hayhoe Avenue,Woodbridge, Ontario,L6A 1S4; Pier Paolo Bassi,Carolin Bassi,72 Hayhoe Avenue,Woodbridge, Ontario,L6A 1S4; some of their concerns regarded, conforming to the area, increase traffic and the variance not being minor. Mr. Ing submitted photographs and informed the Committee that the applicant has removed all the trees on the proposed lot. Marianne Iannacchino, 41 Gold Park Court, Woodbridge, Ontario, L4L 8V5 appeared in opposition to the request and submitted a petition in opposition from the following people Bruno Dirracolo,K. Dirracolo,88 Gold Park Court,Woodbridge, Ontario,L4L 8V5; Luciano Pagliaroli,66 Gold Park Court,Woodbridge, Ontario,L4L 8V5; Sam Alkass,44 Gold Park Court,Woodbridge, Ontario,L4L 8V5; Joe Meggia,38 Gold Park Court,Woodbridge, Ontario,L4L 8V5; Vittorio D'Angelo,28 Gold Park Court,Woodbridge, Ontario,L4L 8V5; Nicola & Anna Gileno,10 Gold Park Court,Woodbridge, Ontario,L4L 8V5; Franca Ricchio,2 Gold Park Court,Woodbridge, Ontario,L4L 8V5; Mr. Coluccio,1 Gold Park Court,Woodbridge, Ontario,L4L 8V5; Kim & Fred Shida,35 Gold Park Court,Woodbridge, Ontario,L6A 8V5; Rosemary Carroll,65 Gold Park Court,Woodbrigde, Ontario,L4L 8V5; Edward King, 71 Gold Park Court, Woodbridge, Ontario, L4L 8V5; Letizia Alfano, 54 Gold Park Court, Woodbridge, Ontario, L4L 8V5; Sue Bruno, 29 Gold Park Court, Woodbridge, Ontario; L4L 8V5; David DeSimone, 180 Balding Blvd., Woodbridge, Ontario, L4L 3Z7; 8

9 CONSENT AND MINOR VARIANCE PUBLIC HEARING: 6. FILE NOS. B12/00, A11/00 and A12/00 to RITA BRUNO 8. Angelo Festa, 55 Gold Park Court, Woodbridge, Ontario, L4L 8V5; appeared in opposition, he shared some of Ms. Ianaccinno concerns which related to loss of privacy due to the difference in grading and possible water drainage problems. Mr. Brutto addressed their concerns. He was agreeable to the Committee s suggestion of adding vegetation buffering at the rear of the subject land. Prior to the hearing, Mr. Brutto submitted a letter with plans and aerial photographs. Some of his reasons in support of the applications mentioned in the letter are: the proposed lot being in keeping with the area, and the proposed dwelling meeting by-law requirements. There was no one else in attendance either in support of or in opposition to the request. Planning Department made the following written comments: It is the opinion of the Community Planning Department that the above noted applications are premature until such time as Vaughan council has considered an application to amend the Zoning By-law to facilitate the proposed severance. At the same time, Council can consider whether the reduced lot frontages are appropriate. There were no other objections from any Departments or Agencies and any conditions requested are listed below. MOVED by T. DeCicco Seconded by L. Fluxgold THAT Application No. B12/00, RITA BRUNO, 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; 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 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; 4. That a zoning amendment application be applied for and be in full force and effect, if required, to the satisfaction of the Community Planning and Building Standards Departments; 5. That screening be provided along the rear of the subject land, if required, to the satisfaction of the Urban Design and Environment 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; 9

10 CONSENT AND MINOR VARIANCE PUBLIC HEARING: 6. FILE NOS. B12/00, A11/00 and A12/00 to RITA BRUNO 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; 8. Prior to the issuance of a building permit, if required, the applicant shall fulfill and comply with all of the above noted consent conditions; 9. Pursuant to Section 53(20) of the Planning Act, the applicant shall have a period of one year from the date of the Committee of Adjustment giving Notice of the herein Decision to the Applicant to fulfill and comply with all of the (above-noted) conditions, if required, of Consent, failing which the application for consent shall thereupon deem to be refused. 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 the Hydro Development Charge is payable to the City of Vaughan before issuance of a building permit in accordance with the Development Charges Act and Vaughan Hydro s Development Charge By-law in effect at the time of payment; CARRIED. 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 L. Fluxgold THAT Application Nos. A11/00 & A12/00 - RITA BRUNO, be APPROVED, subject to the following conditions: 1. That Consent application B12/00 be approved and in full force and effect; 2. That screening be provided along the rear of A11/00, to the satisfaction of the Urban Design and Environment Department; 3. 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. CARRIED 10

11 CONSENT AND MINOR VARIANCE PUBLIC HEARING: 9. FILE NOS. B1/00 - B3/00 and A60/00 - B63/00 to JOHN BOSTOCK, MARGARET HILLS AND STEPHEN FRASER 15. Part of lot 30, Concession 7. PROPOSALS The purpose of application B1/00 is to request the consent of the Committee of Adjustment to convey a parcel of land as an addition to an existing lot taken into the title of the land to the north for rural residential purposes and retain the for rural residential purposes. The purpose of application B2/00 is to request the consent of the Committee of Adjustment to convey a parcel of land as an addition to an existing lot taken into the title of the land to the west for rural residential purposes and retain land for rural residential purposes. The purpose of application B3/00 is to request the consent of the Committee of Adjustment to convey a parcel of land as an addition to an existing lot taken into the title of the land to the south for rural residential purposes and retain land for rural residential purposes. The subject and retained lands are vacant. By-law 1-88 zones the subject and retained lands A Agricultural. A60/00 - The applicant is requesting a variance to facilitate the severance of the total lands (File No. B1/00 retained land) as an addition to an existing lot for rural residential purposes, notwithstanding, the lot area will be 13,146.36m 2, rather than the By-law requires the minimum lot area to be 13,155.51m 2. A61/00 - The applicant is requesting a variance to facilitate the severance of the total lands (File No. B2/00 retained land), as an addition to an existing lot for rural residential purposes, notwithstanding, the lot area will be 5,780.90m 2, rather than the By-law requires the minimum lot area to be 5,790.07m 2. A62/00 & A63/00 - The applicant is requesting variances to facilitate the severance of the total lands (File No. B3/00 subject and retained lands) as additions to existing lots for rural residential purposes, notwithstanding, the lot frontage for (A62/00- subject land) will be 18.89m, rather than the By-law requires the minimum lot frontage to be 20.73m and the lot area for (A63/00-retained land) will be 47,515.00m 2, rather than the By-law requires the minimum lot area to be 45,880.00m 2. Fausto Rossetto, the agent, appeared 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. B1/00 - B3/00, JOHN BOSTOCK, MARGARET HILLS AND STEPHEN FRASER, 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). CONSENT AND MINOR VARIANCE PUBLIC HEARING: 11

12 9. FILE NOS. B1/00 - B3/00 and A60/00 - B63/00 to JOHN BOSTOCK, MARGARET HILLS AND STEPHEN FRASER That Minor Variance Applications A60/00 - A63/00 be approved. 3. That the applicant provide to the Secretary-Treasurer a letter of undertaking, stating that the lands in question are to be taken into the title of the lands to the north, west and south, respectively; 4. 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; 5. Submission to the Secretary-Treasurer of three (3) white prints of a registered deposited reference plan of survey, showing the subject land which conforms with the application submitted and which shows the dimensions and areas of each part shown on the plan; 6. Upon fulfilling and complying with all of the above-noted conditions, 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; 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; 8. Pursuant to Section 53(20) of the Planning Act, the applicant shall have a period of one year from the date of the Committee of Adjustment giving Notice of the herein Decision to the Applicant to fulfill and comply with all of the (above-noted) conditions, if required, of Consent, failing which the application for consent shall thereupon deem to be refused; CARRIED. 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 Nos. A60/00-A63/00, JOHN BOSTOCK, MARGARET HILLS & STEPHEN FRASER, be APPROVED, subject to the following conditions: 1. That Consent application B1/00-B3/00 be approved and in full force and effect. 2. A60/00 - That the applicant shall provide an upgraded landscaping around the entire perimeter of said property including frontage, if required, to the satisfaction of the Urban Design and Environment Department; 3. A60/00 - That the applicant shall submit a detailed landscape plan, if required, to the satisfaction of the Urban Design and Environment Department; 4. That if the condition listed above is 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. CARRIED 12

13 CONSENT AND MINOR VARIANCE PUBLIC HEARING: 16. FILE NOS. B22/00 AND A53/00 & JOHN AND GRACE THOMPSON 17. Lot 19 and Part of Lot 20, Registered Plan 546, (Part of Lot 7, Concession 7), municipally known as 7983 Islington Avenue. PROPOSALS B22/00 - The purpose of this application is to request the consent of the Committee of Adjustment to convey a parcel of land as an addition to an existing lot taken into the title of the lands to the north (being 7983 Islington Avenue) for the residential purposes and retain land for residential purposes. By-law 1-88 zones the subject and retained lands "R3" Residential. A53/00 - By-law 1-88 zones this parcel R3" Residential. The applicants are requesting variance to facilitate the severance of the total lands (B22/00 - Subject Land), notwithstanding, the minimum interior side yard for accessory building of 0.28m, rather than the By-law requires a minimum interior side yard for accessory building of 1.2m. John Thompson, the applicant, appeared on his own behalf and gave a brief submission regarding the request. He told the Committee that he had concerns with condition #2 on the Minor Variance application relating to erecting a fence. He explained that his family owns both pieces of land and they do not want to erect a fence. The Committee advised Mr. Thompson to discuss his concerns with the Urban Design and Environment Department; 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 S. Perrella THAT Application No. B22/00, JOHN AND GRACE THOMPSON, 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 Minor Variance Application A53/00 be approved; 3. That the applicant provide to the Secretary-Treasurer a letter of undertaking, stating that the lands will be taken into the title of the lands to the north (being 7983 Islington Avenue); 4. 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; 13

14 CONSENT PUBLIC HEARING: 16. FILE NOS. B22/00 AND A53/00 & JOHN AND GRACE THOMPSON Submission to the Secretary-Treasurer of three (3) white prints of a registered deposited reference plan of survey, showing the subject land which conforms with the application submitted and which shows the dimensions and areas of each part shown on the plan; 6. Upon fulfilling and complying with all of the above-noted conditions, 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; 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; 8. Pursuant to Section 53(20) of the Planning Act, the applicant shall have a period of one year from the date of the Committee of Adjustment giving Notice of the herein Decision to the Applicant to fulfill and comply with all of the (above-noted) conditions, if required, of Consent, failing which the application for consent shall thereupon deem to be refused. CARRIED. The Committee is of the opinion that the variances sought can be considered minor and are desirable for the appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will be maintained. MOVED by T. DeCicco Seconded by S. Perrella THAT Application No. A53/00 - JOHN AND GRACE THOMPSON, be APPROVED, subject to the following conditions: 1. That Consent application B22/00 be approved, and in full force and effect; 2. That the owner shall install a 180 cm high solid wood screen fence along the portion of the detached shed extending 120 cm past each end of the shed, if required, to the satisfaction of the Urban Design and Environment Department; 3. 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. CARRIED. 18. FILE NO. B23/00 NAOMI SHRAM Plan 3715, Lot 50, (Part of Lot 29, Concession 1), municipally known as 9 Campbell Avenue, Thornhill. PROPOSAL The purpose of the 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 lands for residential purposes. 14

15 CONSENT PUBLIC HEARING: 18. FILE NO. B23/00 NAOMI SHRAM There is a proposed residential dwelling on the subject land. There is an existing residential dwelling on the retained land. By-law 1-88 zones the subject and retained lands R2 Residential. Adam Brown, the agent, appeared on behalf of the applicant and gave a brief submission regarding the request with the aid of mounted photographs and plan of the area. Committee asked Mr. Brown to address the letters that were received. Mr. Brown told the Committee that in regards to the rear yard setback concerns, the applicant will be within By-law requirements. In regards to the front yard setback concerns, the proposed lot will have the same frontage if not more than what is existing with lots in the area. Mr. Brian Zinman, Lawyer, 25 Sheppard Avenue West, Suite 700, North York, Ontario, M2N 6S6, appeared in opposition to the request, on behalf of the neighbours residing at 482 Spring Gate Boulevard, 11 Campbell and 227 Arnold Avenue. Mr. Zinman requested an opportunity to study the photographs and plan submission, made by the applicant s agent. MOVED by T.DeCicco seconded by S. Perrella That the Committee recess at 7:10 pm CARRIED The Committee reconvened at 7:20 pm Mr. Zinman submitted the original petition that was faxed to the Committee of Adjustment staff earlier that day. Using the applicant s photograph display, Mr. Zinman told the Committee some of the concerns of the neighbours related to: the effects of light access, and increased traffic. Mr. Zinman read from OPA 210 and questioned the interpretation Planning Department staff gave the Committee with respect to the required lot size. Lawrie Prusky, 227 Arnold Avenue, Thornhill, Ontario; Leslie Kirsh, 11 Campbell Avenue, Thornhill, Ontario and Anna Benchimol, 10 Campbell Avenue, Thornhill, Ontario, L4J 2J2, all appeared in opposition, in addition to re-iterating some of what their lawyer Mr. Zinman stated they also read from their letters that were faxed to the Committee of Adjustment staff earlier that day. Mr. Brown told the Committee that the neighbours concerns relating to variances are irrelevant since there are no variance applications before the Committee. In regards to the Official Plan Amendment, Planning staff have informed the Committee that the request complies with the OPA. However, if the Committee would prefer the applicant increase the lot frontage by 0.77m which would increase the lot area to 500m 2, they would be in agreement. In regards to there being a bylaw in existence pertaining to architectural design, there isn t one in all of Ontario. Faxed letters of opposition were received by Melody and Lawrie Prusky, 227 Arnold Avenue, Thornhill, Ontario L4J 1C1, Marvin and Leslie Kirshenblatt, 11 Campbell Avenue, Thornhill, Ontario L4J 2J3 and Warren E. Newfield, 482 Spring Gate Boulevard, Thornhill, Ontario, L4J 5B4. Some of their concerns related to congested streets, obstructed view, destruction of mature trees and the proposed severance not being in keeping with the area. 15

16 CONSENT PUBLIC HEARING: 18. FILE NO. B23/00 NAOMI SHRAM A petition in opposition was faxed to the office from the following people: E. Messica, 231 Arnold Ave, Thornhill, Ontario, L4J 1C1; P. Zeisler, 18 Campbell Ave, Thornhill, Ontario, L4J 2J2; A. Benchimol, 10 Campbell Ave, Thornhill, Ontario, L4J 2J2; D. Shlesinger, 511 Spring Gate Blvd, Thornhill, Ontario, L4J 5B7; Gus Asis, 507 Spring Gate Blvd, Thornhill, Ontario, L4J 5B7; Leo Ogorek, 499 Spring Gate Blvd, Thornhill, Ontario, L4J 5B4; Lou Shulman, 481 Spring Gate Blvd, Thornhill, Ontario, L4J 5B4; H. Spiegelman, 477 Spring Gate Blvd, Thornhill, Ontario, L4J 5C8; L. & M. Kirshenblatt, 11 Campbell Ave, Thornhill, Ontario, L4J 2J3; C. Larochelle, 459 Spring Gate Blvd., Thornhill, Ontario, L4J 5C7; V. Tal, 462 Spring Gate Blvd., Thornhill, Ontario, L4J 5C7; Mark Gertzbein, 476 Spring Gate Blvd, Thornhill, Ontario, L4J 5C7; Melody Prusky, 227 Arnold Ave, Thornhill, Ontario, L4J 1C1; Francine Donenfeld, 15 Campbell Ave, Thornhill, Ontario, L4J 2J3; Elaine Mandell, 47 Bevshire Circle, Thornhill, Ontario, L4J 5B4; G. Cohen, 49 Bevshire Circle, Thornhill, Ontario, L4J 5B4; R. Koperwas, 39 Bevshire Circle, Thornhill, Ontario, L4J 5B4; T. Parson, 19 Bevshire Circle, Thornhill, Ontario, L4J 5B3; Silverman Residence, 24 Bevshire Circle, Thornhill, Ontario, L4J 5B3; Berman Residence, 60 Bevshire Circle, Thornhill, Ontario, L4J 5C5; D. Fihrer, 64 Bevshire Circle, Thornhill, Ontario, L4J 5C5; H. Feintuch, 73 Bevshire Circle, Thornhill, Ontario, L4J 5C6; S. Kleinberg, 89 Bevshire Circle, Thornhill, Ontario, L4J 5C6; Koplowitz Residence, 96 Bevshire Circle, Thornhill, Ontario, L4J 5C5; Sharon Fryer, 35 Bevshire Circle, Thornhill, Ontario, L4J 5B4; R. Zeidman, 29 Bevshire Circle, Thornhill, Ontario, L4J 5B4; Warren E. Newfield, 482 Spring Gate Blvd., Thornhill, Ontario, L4J 5B4; 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 S. Perrella THAT Application No. B23/00 - NAOMI SHRAM, be REFUSED. CARRIED MINOR VARIANCE PUBLIC HEARINGS: 19. FILE NO. A58/00 DANIELA DIBATTISTA Lot 11, Registered Plan 65M-2988, (Part of Lot 13, Concession 8), municipally known as 112 Deerchase Circle. PROPOSAL By-law 1-88 zones this parcel R1" Residential. The applicant is requesting a variance to permit the maintenance of an existing uncovered and unenclosed porch, notwithstanding, the porch/deck encroaches into the side yard 1.34m, rather than the By-law permits an encroachment of a deck/porch 0.3m into the side yard. David DeSimone, 180 Baldiing Boulevard, Woodbridge, Ontario L4L 3Z7, appeared as the agent on behalf of the applicant and gave a brief submission regarding the request. He told the Committee that this application is a re-submission of an previously approved application which lapsed. A letter of opposition was received by Sergio Marano 123 Deerchase Circle, Woodbridge, Ontario, L4H 1B4, some of his concerns pertained to the application having a negative effect on the aesthetics of the neighbourhood. 16

17 MINOR VARIANCE PUBLIC HEARINGS: 19. FILE NO. A58/00 DANIELA DIBATTISTA 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 Bylaw and the Official Plan will be maintained. MOVED by T. DeCicco Seconded by S. Perrella THAT Application No. A58/00 - DANIELA DIBATTISTA, be APPROVED, subject to the following condition: 1. That if a Building Permit is not issued, based upon the decision of the Committee of Adjustment 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. CARRIED. 20. FILE NO. A59/00 RITA GINEVRA Lot 47, Registered Plan 65M-2433, (Part of Lot 17, Concession 3), municipally known as 87 Valleyway Crescent. PROPOSAL By-law 1-88 zones this parcel R3" Residential. The applicant is requesting a variance to permit the maintenance of an existing 2-storey single family dwelling, notwithstanding, there are 4 parking spaces for home occupation and residential use, rather than the By-law requires 2 parking spaces in addition to the residential requirement of 3 parking spaces for a total of 5. Scott Dutchak, the agent, appeared on behalf of the applicant and gave a brief submission regarding the request. Letters of support were submitted with the application from the following people: M. Vescio, 14 Valleyway Crescent, Maple, Ontario, L6A 1K6; Cecilia Kleiderman, 22 Valleyway Crescent, Maple, Ontario, L6A 1K6; Carmen Ruggieri, 23 Valleyway Crescent, Maple, Ontario, L6A 1K6; Elio Cesario, 37 Valleyway Crescent, Maple, Ontario, L6A 1K6; S. Vona, 42 Valleyway Crescent, Maple, Ontario, L6A 1K6; A. MacIntosh, 43 Valleyway Crescent, Maple, Ontario, L6A 1K6; Anna Arduini, 46 Valleyway Crescent, Maple, Ontario, L6A 1K6; Enzo Pasqualino, 47 Valleyway Crescent, Maple, Ontario, L6A 1K6; Anna Mongelli, 55 Valleyway Crescent, Maple, Ontario, L6A 1K8; Elsa Marsella, 61 Valleyway Crescent, Maple, Ontario, L6A 1K6; Carm Morelli, 64 Valleyway Crescent, Maple, Ontario, L6A 1K6; Filomena Grossi, 65 Valleyway Crescent, Maple, Ontario, L6A 1K6; M. Singh, 70 Valleyway Crescent, Maple, Ontario, L6A 1K6; Michael McVicar, 71 Valleyway Crescent, Maple, Ontario, L6A 1K8; Maria DiFonzo, 74 Valleyway Crescent, Maple, Ontario, L6A 1K8; T. Guarini, 75 Valleyway Crescent, Maple, Ontario, L6A 1K8; Camilla Torchia, 89 Valleyway Crescent, Maple, Ontario, L6A 1K8; Sonya Battistella, 93 Valleyway Crescent, Maple, Ontario, L6A 1K8; Tina Betti, 100 Valleyway Crescent, Maple, Ontario, L6A 1K8; Michele Venezia, 101 Valleyway Crescent, Maple, Ontario, L6A 1K8; Rose Scaini, 104 Valleyway 17

18 Crescent, Maple, Ontario, L6A 1K8; Ram Kalia, 105 Valleyway Crescent, 18

19 MINOR VARIANCE PUBLIC HEARINGS: 20. FILE NO. A59/00 RITA GINEVRA Maple, Ontario, L6A 1K8; Mike Dartizio, 108 Valleyway Crescent, Maple, Ontario, L6A 1K8; Ilario & Teresa Iaboni, 112 Valleyway Crescent, Maple, Ontario, L6A 1K8; Bernie Sinisi, 116 Valleyway Crescent, Maple, Ontario, L6A 1K8; Dario Trelle, 117 Valleyway Crescent, Maple, Ontario, L6A 1K8; Rob Soave & Dino Soave, 121 Valleyway Crescent, Maple, Ontario, L6A 1K8; Vanessa Ceolin, 125 Valleyway Crescent, Maple, Ontario, L6A 1K8; Maria Ciampa, 137 Valleyway Crescent, Maple, Ontario, L6A 1K8; A. Palombo, 144 Valleyway Crescent, Maple, Ontario, L6A 1K8; Sam Marino, 145 Valleyway Crescent, Maple, Ontario, L6A 1K8; F. Frasca, 148 Valleyway Crescent, Maple, Ontario, L6A 1K8; S. Gargano, 149 Valleyway Crescent, Maple, Ontario, L6A 1K8; Bruno Schabert, 152 Valleyway Crescent, Maple, Ontario, L6A 1K8; Maria Fatima Pecchia, 153 Valleyway Crescent, Maple, Ontario, L6A 1K8; Gino Abballe, 161 Valleyway Crescent, Maple, Ontario, L6A 1K8; Raffale Giordano; Letizia DiPerna, 178 Valleyway Crescent, Maple, Ontario, L6A 1K7; Filomena Figueiredo, 200 Valleyway Crescent, Maple, Ontario, L6A 1K7; Raffaella Gallo, 206 Valleyway Crescent, Maple, Ontario, L6A 1K7; T. D'Agostino, 207 Valleyway Crescent, Maple, Ontario, L6A 1K7; Stella LaRizza; Benilde Pacheco, 92 Fieldgate Drive, Maple, Ontario, L6A 1K5; Goitree Sumessar, 110 Fieldgate Drive, Maple, Ontario, L6A 1K5; Terry Tesan, 124 Fieldgate Drive, Maple, Ontario, L6A 1K5; P. D'Amato, 44 Foxhill Drive, Maple, Ontario, L6A 1K1; Antonietta Trasente; Sandra Panetta, 126 Largo Crescent, Maple, Ontario, L6A 1N1; Giuseppe Trasente, 44 Dina Road, Maple, Ontario, L6A 1L8; Nancy Fallone, 167 Patna Crescent, Maple, Ontario, L6A 1N2; Lisa Rotondo, 160 Patna Crescent, Maple, Ontario, L6A 1N5; 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. The Committee is of the opinion that the variance sought can be considered minor and is desirable for the appropriate development and use of the land. The general intent and purpose of the Bylaw and the Official Plan will be maintained. MOVED by T. DeCicco Seconded by L. Fluxgold THAT Application No. A59/00 - RITA GINEVRA, be APPROVED. CARRIED. 21. FILE NOS. A65/00 and A66/00 & MATTAMY (MAPLE) LTD. 22. Lot 1 & 2, Registered Plan 65M-3346, (Part of Lots 24, Concession 5), municipally known as 54 & 50 Murray Farm Lane, Maple. PROPOSALS By-law 1-88 zones these parcels as RV4" (WS) Residential Urban Village Zone Four. The applicant is requesting variances to permit the construction of two storey single family detached dwellings (one on each lot), with attached garages, notwithstanding: A65/00 - Interior side yard setback will be 0.60m to abut an interior side yard setback of 0.65m; A66/00 - Interior side yard setback will be 0.65m to abut an interior side yard setback of 0.60m, rather than the By-law requires an interior side yard setback a minimum of 0.60m, provided it abuts an interior side yard setback a minimum of 1.20m. Walter Mitchell, the agent, appeared on behalf of the applicant and gave a brief submission regarding the request. 19

20 MINOR VARIANCE PUBLIC HEARING: 21. FILE NOS. A65/00 and A66/00 & MATTAMY (MAPLE) LTD. 22. 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 S. Perrella THAT Application Nos. A65/00, A66/00 - MATTAMY (MAPLE) LTD., be APPROVED, subject to the following conditions: 1. That the variances for the interior side yard setback, abutting another interior side yard, are conditional upon the properties being constructed in accordance with the requested variances as shown on the attached sketches forming part of this application, to the satisfaction of the Building Standards Department; 2. That the applicant register on title an easement of 1.2m in width, if required, to the satisfaction of the Building Standards Department; 3. 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. CARRIED 23. FILE NO. A67/00 GARY AND JUDITH PRICE Part of Lots 31, 34 and 37, Registered Plan 72, (Part of Lot 21, Concession 3), municipally known as 10 Ontario Street. PROPOSAL By-law 1-88 zones this parcel R2" Residential. The applicant is requesting permission to permit the enlargement of a legal non-conforming porch, notwithstanding the minimum front yard setback to the covered porch will be 2.28m, rather than the by-law requires a minimum front yard setback to a covered porch to be 4.5m. Gary Price, the applicant, appeared on his own behalf 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. 20