The Minutes of the 8th.Meeting of the Vaughan Committee of Adjustment for the year 2011 THURSDAY, APRIL 28, :14p.m.

Transcription

1 The Minutes of the 8th.Meeting of the Vaughan Committee of Adjustment for the year 2011 THURSDAY, APRIL 28, 2011 Present at the meeting were: 6:14p.m. L. Fluxgold - Chair J. Cesario M. Mauti A. Perrella H. Zheng Members of Staff present: Todd Coles, Secretary-Treasurer Lenore Providence, Assistant to the Secretary-Treasurer Christina Napoli, Senior Planner Erika Ivanic, Planner Gregory Seganfreddo, Plans Examiner INTRODUCTION OF ADDENDUM REPORTS MOVED by A. Perrella Seconded by H. Zheng 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 None. ADOPTION OR CORRECTION OF MINUTES MOVED by A. Perrella Seconded by H. Zheng THAT the minutes of the Committee of Adjustment Meeting of Thursday, APRIL 7, 2011, be adopted as circulated. CARRIED ADJOURNMENTS AND/OR DEFERRALS On April 28, 2011, Mike Everard, the agent, ed the request that Item# 8, File No. B003/11 THERESA FRAME GARIBALDI be further ADJOURNED to the JUNE 16, 2011 meeting, to allow time to obtain the required revised comments from Engineering Department, Development Planning Department and the Toronto and Region Conservation Authority; On April 28, 2011, Kenny Bodenstein, the applicant, ed the request that Item# 12, File No. A26610 MADELEINE AND KENNY BODENSTEIN be further ADJOURNED to the JULY 7, 2011 meeting, to allow more time to discuss their proposed plans with the Building Standards Department and the Development Planning Department; On April 27, 2011, By Law Enforcement, ed the confirmation of the measurements as per the request of the Committee of Adjustment, regarding Item# 13, File No. A093/11 NICOLA MARINARO. As a result, the application requires amendment and recirculation. It has been suggested that the application be ADJOURNED to the MAY 26, 2011 meeting; On April 21, 2011, Sam Nestico, the agent, ed the request that Item # 25, File No. A106/11 CRYSTAL CORPORATE CENTRE INC. be ADJOURNED to the JUNE 16, 2011 meeting, to allow additional time to address Development Planning Department and the Building Standards Department s comments. MOVED by J. Cesario Seconded by A. Perrella THAT Item# 8, File No. B003/11 THERESA FRAME GARIBALDI be further ADJOURNED to the JUNE 16, 2011 THAT Item# 12, File No. A26610 MADELEINE AND KENNY BODENSTEIN be further ADJOURNED to the JULY 7, 2011 meeting. THAT Item# 13, File No. A093/11 NICOLA MARINARO. be ADJOURNED to the MAY 26, 2011 meeting. Page 1 of 26

2 ADJOURNMENTS AND/OR DEFERRALS Item # 25, File No. A106/11 CRYSTAL CORPORATE CENTRE INC. be ADJOURNED to the JUNE 16, 2011 meeting. ADMINISTRATIVE CORRECTIONS ITEM NO. 14 FILE NUMBER: B011/11 GIUSEPPE LOMBARDI Part of Lot 9, Concession 7, (municipally known as 8265 Kipling Avenue, Woodbridge). The sketch attached to the Notice of Application now identifies the NORTH parcel as B (retained land) and the SOUTH parcel as A (subject land). CONSENT AND MINOR VARIANCE PUBLIC HEARINGS: PREVIOUSLY ADJOURNED FROM THE NOVEMBER 25, 2010 & DECEMBER 16, 2010 MEETINGS Item # 1 & 2 FILE NUMBERS: B061/10 AND A280/10 B061/10 IRONROSE INVESTMENTS LIMITED Part of Lot 33, Concession 6, (municipally known as Pine Valley Drive, Woodbridge). The severed and retained lands are zoned A, Agricultural To request the consent of the Committee of Adjustment to convey a parcel of land as an ADDITION to an existing parcel of land taken into the title of the lands to the EAST, (being Weston Road), for agricultural purposes and retain lands for residential purposes. There is an existing concrete block building on the subject land. The retained lands have existing structures, (single family dwelling and detached brick garage). A280/10 PROPOSAL: REQUIREMENT: To facilitate Consent Application B061/10 (RETAINED LAND only) and to permit the maintenance of an existing detached garage (accessory building). 1. To permit a minimum lot area of.801 ha for the lands. 2. To permit a minimum interior side yard setback of 2.4 metres to the existing accessory building. 3. To permit a minimum lot frontage of 88.4 metres for the lands. 4. To permit access not located on the said lands (access will occur over an easement to the newly conveyed lands). 1. A minimum lot area of 10 ha is required for the lands. 2. A minimum interior side yard setback of 9.0 metres is required to the existing accessory building. 3. A minimum lot frontage of metres is required for the lands. 4. Access shall be provided on the lot on which a building or structure is erected RYAN MINO-LEAHAN, of KLM Planning Partners Inc., appeared as the agent on behalf of the applicant and gave a brief submission regarding the request.. No one appeared before the Committee in support of or in opposition to the request. A request for decision was received from Femola Builders Ltd., 3000 Langstaff Road, Suite 18, Concord, Ontario, L4K 4R7 MOVED by A. Perrella Seconded by M. Mauti Page 2 of 26

3 CONSENT AND MINOR VARIANCE PUBLIC HEARINGS: PREVIOUSLY ADJOURNED FROM THE NOVEMBER 25, 2010 & DECEMBER 16, 2010 MEETINGS Item # 1 & 2 FILE NUMBERS: B061/10 AND A280/10 IRONROSE INVESTMENTS LIMITED THAT Application No. B061/10 - IRONROSE INVESTMENTS LIMITED, be APPROVED, in accordance with the sketch attached and subject to the following conditions: NOTE: All conditions below must be fulfilled and clearance letters must be received by the Secretary- Treasurer before any cheques can be accepted and Certificate of Official can be issued. 1. That the owner shall pay all taxes as levied, by certified cheque, if required, to the satisfaction of the Reserves/Capital Department; (contact Terri Liuni in the Reserves/Capital Department to have this condition cleared); 2. The Owner shall arrange to prepare and register a reference plan at his expense for the conveyance of the required road widening and/or 0.3metre reserve to the satisfaction of the City of Vaughan if required, to the satisfaction to the Engineering Department; 3. A by-law shall be passed dedicating the road widening and/or 0.3 metre reserve as public highway to the satisfaction of the Engineering Department and the Owner shall pay the cost of the registration of the road dedication by-law to the City of Vaughan, Clerks Department if required, to the satisfaction to the Engineering Department; 4. The Owner must provide an easement OR copy of mutual agreement for the shared access and municipal servicing between the conveyed and retained property if required, to the satisfaction to the Engineering Department; 5. That corresponding Minor Variance application A280/10 be approved; 6. 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; 7. That the applicant provide to the Secretary Treasurer a letter of undertaking, stating that the ADDITION to an existing lot taken into the title of the lands to the EAST, (being Weston Road); 8. Submission to the Secretary-Treasurer of FOUR (4) white prints of a registered deposited reference plan of survey, showing the subject land which conforms with the application submitted and which shows the dimensions and areas of each part shown on the plan; 9. Upon fulfilling and complying with all of the above-noted conditions, the Secretary-Treasurer of the Committee of Adjustment must be provided with a letter and three (3) copies of a legal size (8.5 by 14 ) Schedule Page, in a format satisfactory to the Secretary-Treasurer, from the Applicant s solicitor confirming the legal description of the subject lands, sufficient for registration purposes the Schedule Page will be an attachment to the Certificate. Upon being satisfied with said legal description and upon all other conditions for the consent having been satisfied, the Secretary- Treasurer shall provide a Certificate of Official to the applicant in accordance with Section 53(42) of the Planning Act, R.S.O. 1990, as amended; 10. A fee of $ made payable to the Treasurer City of Vaughan shall, be submitted to the Secretary Treasurer for the issuance of the Certificate/stamping of the deeds. It will be necessary to allow up to three (3) working days after all conditions have been fulfilled and documentation filed. Same day service is also available for an additional cost of $145.00, provided all conditions of approval have been fulfilled and all required documents are submitted by 11:30 am that day; 11. Prior to the issuance of a building permit, if required, the applicant shall fulfil and comply with all of the above noted consent conditions; PLEASE NOTE: 1. That the payment of the Regional Development Charge is payable to the City of Vaughan before issuance of a building permit in accordance with the Development Charges Act and the Regional Development Charges By-law in effect at the time of payment. 2. That the payment of the City Development Charge is payable to the City of Vaughan before issuance of a building permit in accordance with the Development Charges Act and the City's Development Charges By-law in effect at the time of payment. Page 3 of 26

4 CONSENT AND MINOR VARIANCE PUBLIC HEARINGS: PREVIOUSLY ADJOURNED FROM THE NOVEMBER 25, 2010 & DECEMBER 16, 2010 MEETINGS Item # 1 & 2 FILE NUMBERS: B061/10 AND A280/10 IRONROSE INVESTMENTS LIMITED 3. That the payment of the Education Development Charge is payable to the City of Vaughan before issuance of a building permit in accordance with the Development Charges Act and the Boards of Education By-laws in effect at the time of payment. 4. That the payment of Special Area Development charge is payable to the City of Vaughan before issuance of a building permit in accordance with the Development Charges Act and The City's Development Charge By-law in effect at the time of Building permit issuance, if required, to the satisfaction of the Reserves/Capital Department. 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 A. Perrella Seconded by M. Mauti THAT Application No. A280/10, IRONROSE INVESTMENTS LIMITED, be APPROVED, in accordance with the attached sketch sketch and subject to the following conditions: 1. That the corresponding Consent Application File No. B061/10, be approved; 2. That if the conditions listed above is not fulfilled and the Building Permit, if required, 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.(PLEASE NOTE THAT THIS TIME PERIOD CANNOT BE EXTENDED IN ANY WAY, FAILURE TO MEET THIS DEADLINE WILL RESULT IN REQUIRING A NEW APPLICATION AND FEE.). PREVIOUSLY ADJOURNED FROM THE MARCH 24, 2011 MEETING Item# 3 & 4 FILE NUMBERS: B010/11 AND A083/11 B010/11 20 BARNES G. H. NOMINEE INC. Part of Lot 6, Concession 4, (Parts 2, 3, 4, and 6, Draft Plan 65R-32604, municipally known as 20 Barnes Court, Concord) The subject lands are zoned EM1, Prestige Employment Area Zone. To request the consent of the Committee of Adjustment to convey a parcel of land for the creation of a new lot, together with all required easements and right of ways, for industrial purposes, and retain lands for industrial purposes. The severed lands have the required lot frontage. The retained lands do not have the required lot frontage. Both the severed and retained lands do have the required lot area. A083/11 The applicant is requesting a variance to facilitate the retained lands (Consent B010/11 Creation of a new lot) as follows: PROPOSAL: 1. Proposed changes to the By-law requirements. The lands described as parts 2,3,4 and 6, 65R shall be deemed to be one lot regardless of the number of buildings constructed on the lot or the creation of a new lot or easement by consent under the Planning Act. REQUIREMENT: 1. The definition of a lot and section 3.21 of 1-88 requires a lot to have frontage on a street. Page 4 of 26

5 CONSENT AND MINOR VARIANCE PUBLIC HEARINGS: PREVIOUSLY ADJOURNED FROM THE MARCH 24, 2011 MEETING Item # 3 & 4 FILE NUMBERS: B010/11 AND A083/11 20 BARNES G. H. NOMINEE INC. BACKGROUND INFORMATION: The land which is subject to this application was also the subject of another application under the Planning Act: Consent File No. B035/09 Approved Sept. 17, 2009 (Creation of a new lot) Minor Variances A205/09, A206/09 Appr. Sept. 17/09 Consent File No. B076/04 Appr. Dec. 2/04 (Lapsed conditions unfulfilled) - Creation of a new industrial lot. Minor Variances A360/04 & A361/04 Appr. Dec. 2/04 (Lapsed in conjunction with the consent application) to facilitate consent file B076/04 MARK YARRANTON, the agent appeared on behalf of the applicant gave a lengthy submission regarding the request. No one appeared before the Committee in support of or in opposition to the request. During the discussions between the Committee, Mr. Yarranton and City Planning Staff, Mr. Yarranton submitted a schedule page from an Official Plan, and a site plan and sketches which illustrated a proposed road extension. The Committee suggested that perhaps the applications are premature. MOVED by M. Mauti Seconded by J. Cesario THAT Application No. B010/11-20 BARNES G. H. NOMINEE INC., be REFUSED, in accordance with the sketch attached. The Committee is of the opinion that the variance sought cannot be considered minor and is not desirable for the appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will not be maintained. MOVED by M. Mauti Seconded by J. Cesario THAT Application No. A083/11-20 BARNES G. H. NOMINEE INC., be REFUSED, in accordance with the sketch attached. PREVIOUSLY ADJOURNED FROM THE NOV. 11, NOV. 27, 2010, FEB. 10, & MAR. 24, 2011 MEETINGS Item# 5 FILE NUMBER: A251/10 BARBARA DUBINS Part of Lot 30, Concession 1, (Lot 19, Registered Plan No. 2273, municipally known as 135 Brooke Street, Thornhill). The subject lands are zoned R1V, Residential, subject to Exception 9(662) under Bylaw 1-88, as amended. The applicant is requesting variances to permit the construction of a three storey single family detached dwelling as follows: PROPOSAL: 1. To permit a maximum lot coverage of 22.9%. 2. To permit a reverse slope driveway. REQUIREMENT: 1. A maximum lot coverage of 20% is permitted. 2. A reverse slope driveway is not permitted. Page 5 of 26

6 MINOR VARIANCE PUBLIC HEARING: PREVIOUSLY ADJOURNED FROM THE NOV. 11, NOV. 27, 2010, FEB. 10, & MAR. 24, 2011 MEETINGS Item # 5 FILE NUMBER: A251/10 BARBARA DUBINS JONATHAN BENCZKOWSKI, the agent appeared on behalf of the applicant gave a brief submission regarding the request. No one appeared before the Committee in support of or in opposition to the request. A letter was received from Heather Kelly, 31 Old Jane Street,, and Jack and Ann Westerhoek, 133 Brooke Street,, stating that they no longer object to the application based on the amendment dated April 13, Ms. Kelly had previously objected in writing on November 1, During the discussions between the Committee, and Mr. Benczkowski, the Committee suggested and it was agreed to adjourn the application until such time as the applicant can obtain Cultural Services Department s support, and address the comments from the Development Planning Department and Engineering Department. MOVED by J. Cesario Seconded by M. Mauti THAT Application No. A251/10, BARBARA DUBINS, be ADJOURNED SINE DIE. Item# 6 & 7 FILE NUMBERS: B011/11 AND A109/11 B011/11 GIUSEPPE LOMBARDI Part of Lot 9, Concession 7, (municipally known as 8265 Kipling Avenue, Woodbridge). The subject lands are zoned R3, Residential under By-law 1-88 as amended. To request the consent of the Committee of Adjustment to convey a parcel of land for the creation of a new lot, together with all required easements and right of ways, for residential purposes, and retain lands for residential purposes. Both the severed and retained lands have the required lot frontage and lot area. The retained lands have a single family dwelling and detached garage. The subject lands are vacant. A109/11 PROPOSAL: REQUIREMENT: The applicant is requesting variances to facilitate the retained lands (Consent B011/11 Creation of a new lot) for the maintenance of an existing garage as follows: 1. Minimum interior side yard to garage structure 0.5m. 1. Minimum interior side yard to garage structure 1.2m. VITO SCAROLA, the agent appeared on behalf of the applicant. No one appeared before the Committee in support of or in opposition to the request. A request for decision was received from Salvatore and Michelina Iuliano, 17 David Todd Avenue, Woodbridge, Ontario, L4H 1P5. During the discussions between the Committee, and Mr. Scarola, the Committee asked Mr. Scarola to address the negative comments from the Engineering Department. Page 6 of 26

7 CONSENT AND MINOR VARIANCE PUBLIC HEARINGS: Item # 6 & 7 FILE NUMBERS: B011/11 AND A109/11 GIUSEPPE LOMBARDI MOVED by J. Cesario Seconded by M. Mauti THAT Application No. B011/11 - GIUSEPPE LOMBARDI, be APPROVED, in accordance with the sketch attached and subject to the following conditions: NOTE: All conditions below must be fulfilled and clearance letters must be received by the Secretary- Treasurer before any cheques can be accepted and Certificate of Official can be issued. 1. 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 City of Vaughan (Reserves & Investments Department; contact Terry Liuni to have this condition cleared.) 2. That the owner shall pay all taxes as levied, if required, to the satisfaction of the Reserves & Investments Department. Payment shall be made by certified cheque; (contact Terry Liuni in the Reserves & Investments 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. 4. That a maintanance / encroachment easement is to be created on the severed lot in favor of 8255 Kipling Ave to accommodate the maintainance and encroachment of the existing chimney to the satisfaction or the Building Standards Department. 5. That the corresponding Minor Variance File No. A109/11 GIUSEPPE LOMBARDI, be APPROVED. 6. That Overall Grading Plans showing existing and proposed grades should be submitted for review and approval, if required, to the satisfaction of the Engineering Department. Existing grades should be shown a minimum 20m beyond the site boundary. 7. The Owner shall convey 3 metre wide strip of land along the frontage of Kipling Avenue municipal road allowance to the City of Vaughan at no cost and free of charge and encumbrance to the satisfaction of the City, if required, to the satisfaction of the Engineering Department; 8. The Owner shall convey 5 metre x 5 metre daylight triangle at the corner of Kipling Avenue and Chavender Place municipal road allowances to the City of Vaughan at no cost and free of charge and encumbrance to the satisfaction of the City, if required, to the satisfaction of the Engineering Department; 9. The Owner shall convey 0.3metre reserve behind the hypotenuse of the daylight triangle to the City of Vaughan at no cost and free of charge and encumbrance to the satisfaction of the City, if required, to the satisfaction of the Engineering Department; 10. The Owner shall arrange to prepare and register a reference plan at his expense for the conveyance of the required road widening and/or 0.3metre reserve to the satisfaction of the City of Vaughan, if required, to the satisfaction of the Engineering Department;. 11. A by-law shall be passed dedicating the road widening including daylight triangle as public highway to the satisfaction of the Engineering Department and the Owner shall pay the cost of the registration of the road dedication by-law to the City of Vaughan, Clerks Department, if required, to the satisfaction of the Engineering Department; 12. That the owner undertakes to include the following clause in all offers to purchase, agreements of purchase and sale or lease and in the title deed or lease of each dwelling: "Warning: Canadian Pacific Railway or its assigns or successors in interest has or have a railway right-of-way and yard located within 300 metres from the land subject hereof. There may be alterations to or expansions of the railway facilities and/or operations in the future, which alterations or expansions may affect the living environment of the residents in the vicinity, notwithstanding the inclusion of any noise and vibration attenuating measures in the design of the development and individual dwellings. CPR will not be responsible for complaints or claims arising from the use of its facilities and/or its operations on, over or under the aforesaid right-of-way." Page 7 of 26

8 CONSENT AND MINOR VARIANCE PUBLIC HEARINGS: Item # 6 & 7 FILE NUMBERS: B011/11 AND A109/11 GIUSEPPE LOMBARDI 13. Submission to the Secretary-Treasurer of FOUR (4) white prints of a registered deposited reference plan of survey, showing the subject land which conforms with the application submitted and which shows the dimensions and areas of each part shown on the plan; 14. Upon fulfilling and complying with all of the above-noted conditions, the Secretary-Treasurer of the Committee of Adjustment must be provided with a letter and three (3) copies of a legal size (8.5 by 14 ) Schedule Page, in a format satisfactory to the Secretary-Treasurer, from the Applicant s solicitor confirming the legal description of the subject lands, sufficient for registration purposes the Schedule Page will be an attachment to the Certificate. Upon being satisfied with said legal description and upon all other conditions for the consent having been satisfied, the Secretary- Treasurer shall provide a Certificate of Official to the applicant in accordance with Section 53(42) of the Planning Act, R.S.O. 1990, as amended; 15. A fee of $ made payable to the Treasurer City of Vaughan shall, be submitted to the Secretary Treasurer for the issuance of the Certificate/stamping of the deeds. It will be necessary to allow up to three (3) working days after all conditions have been fulfilled and documentation filed. Same day service is also available for an additional cost of $145.00, provided all conditions of approval have been fulfilled and all required documents are submitted by 11:30 am that day; 16. Prior to the issuance of a building permit, if required, the applicant shall fulfil 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 Reserves/Capital Department; 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 J. Cesario Seconded by M. Mauti THAT Application No. A109/11 - GIUSEPPE LOMBARDI, be APPROVED, in accordance with the sketch attached, and subject to the following conditions: 1. That the corresponding Consent File No. B011/11 GIUSEPPE LOMBARDI, be APPROVED. 2. That if the condition(s) listed above is/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.(PLEASE NOTE THAT THIS TIME PERIOD CANNOT BE EXTENDED IN ANY WAY, FAILURE TO MEET THIS DEADLINE WILL RESULT IN REQUIRING A NEW APPLICATION AND FEE.) Page 8 of 26

9 CONSENT PUBLIC HEARINGS: Item# 8 & 9 FILE NUMBERS: B012/11 AND B013/11 MAJOR WESTON CENTRES LIMITED Part of Lots 21 & 22, Concession 4, (municipally located on the Northeast corner of Weston Road and Major Mackenzie Drive, (3600 Major Mackenzie, 10069, & Weston Rd.) Woodbridge). The subject lands are zoned C5(H), Community Commercial with a Holding provision subject to Exception 9(1327), RD3, Residential Detached Zone Three, OS2, Open Space Park Zone and RT1, Residential Townhouse Zone with a holding zone provision subject to Exception 9(1221) under By-law 1-88 as amended. B012/11 - To request the consent of the Committee of Adjustment to convey a parcel of land for the creation of a new lot, together with all required easements and right of ways, for school purposes, and retain lands on the attached sketches for commercial purposes. B013/11 - To request the consent of the Committee of Adjustment to convey a parcel of land for the creation of a new lot, together with all required easements and right of ways, for parkland purposes, and retain lands for commercial purposes. The subject lands are currently vacant. The retained lands have three existing residential dwellings and there are twenty proposed commercial buildings. BACKGROUND INFORMATION: The land which is subject to these applications is/was also the subject of other applications under the Planning Act: Official Plan Amendment OP Approved Zoning By-law Amendment Approved Site Plan DA Active PAULA BUSTARD, the agent appeared on behalf of the applicant gave a brief submission regarding the request. Caterina Facciolo, of Bratty and Partners, 7501 Keele Street, Suite 200, Vaughan, Ontario, L4K 1Y2, appeared in support of the application and completed a request for decision form. On April 28, 2011, a letter of support was submitted from Helen A. Mihailidi, of Bratty and Partners, 7501 Keele Street, Suite 200, Vaughan, Ontario, L4K 1Y2. A request for decision was also made in this letter. No one else appeared before the Committee in support of or in opposition to the request. During the discussions between the Committee, Ms. Bustard and Ms. Facciolo, Ms. Facciolo expressed the wish to have their conditions of approval imposed as they worded it in their letter from Helen A. Mihailidi. MOVED by M. Mauti Seconded by J. Cesario THAT Application No. B012/11 - MAJOR WESTON CENTRES LIMITED, be APPROVED, in accordance with the sketch attached and subject to the following conditions: NOTE: All conditions below must be fulfilled and clearance letters must be received by the Secretary- Treasurer before any cheques can be accepted and Certificate of Official can be issued. 4. That the owner shall pay all taxes as levied, if required, to the satisfaction of the Reserves & Investments Department. Payment shall be made by certified cheque; (contact Terry Liuni in the Reserves & Investments Department to have this condition cleared). 5. That the subject consent shall become null and void if the newly created parcel is not merged on title with the adjacent lands to the north (identified as Block 271, 65M-3898 & Block 63, 65M- 3885), if required, to the satisfaction of the Building Standards Department. 3. That the proposed consent in File B012/11 shall be null and void, if the newly created Parcel A lands are not merged on title with the adjacent lands to the north identified as Block 63, Plan 65M-3885 and Block 271, Plan 65M-3898, if required, to the satisfaction of the Development Planning Department; Page 9 of 26

10 CONSENT PUBLIC HEARINGS: Item # 8 & 9 FILE NUMBERS: B012/11 AND B013/11 MAJOR WESTON CENTRES LIMITED 4. That the Owner shall enter into an agreement pursuant to Subsection 51(25) of the Planning Act with the City of Vaughan, if required, to satisfy all conditions, financial or otherwise, of the City of Vaughan with regard to such matters the municipality may consider necessary including payment of the development levies, the provision of roads and municipal services landscaping and fencing. The said agreement shall be registered against the lands to which it applies and to the satisfaction of the Engineering Department. 5. That the Owner/Applicant shall provide all necessary approvals from the Block 33 West Developers Group in accordance with the proposed severance, and to the satisfaction of the Engineering Department. 6. That the corresponding Consent File No. B013/11 MAJOR WESTON CENTRES LIMITED, be APPROVED. 7. Submission to the Secretary-Treasurer of FOUR (4) white prints of a registered deposited reference plan of survey, showing the subject land which conforms with the application submitted and which shows the dimensions and areas of each part shown on the plan; 8. Upon fulfilling and complying with all of the above-noted conditions, the Secretary-Treasurer of the Committee of Adjustment must be provided with a letter and three (3) copies of a legal size (8.5 by 14 ) Schedule Page, in a format satisfactory to the Secretary-Treasurer, from the Applicant s solicitor confirming the legal description of the subject lands, sufficient for registration purposes the Schedule Page will be an attachment to the Certificate. Upon being satisfied with said legal description and upon all other conditions for the consent having been satisfied, the Secretary- Treasurer shall provide a Certificate of Official to the applicant in accordance with Section 53(42) of the Planning Act, R.S.O. 1990, as amended; 9. A fee of $ made payable to the Treasurer City of Vaughan shall, be submitted to the Secretary Treasurer for the issuance of the Certificate/stamping of the deeds. It will be necessary to allow up to three (3) working days after all conditions have been fulfilled and documentation filed. Same day service is also available for an additional cost of $145.00, provided all conditions of approval have been fulfilled and all required documents are submitted by 11:30 am that day; 10. Prior to the issuance of a building permit, if required, the applicant shall fulfil 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 Reserves/Capital Department; Page 10 of 26

11 CONSENT PUBLIC HEARINGS: Item # 8 & 9 FILE NUMBERS: B012/11 AND B013/11 MAJOR WESTON CENTRES LIMITED MOVED by M. Mauti Seconded by J. Cesario THAT Application No. B013/11 - MAJOR WESTON CENTRES LIMITED, be APPROVED, in accordance with the sketch attached and subject to the following conditions: NOTE: All conditions below must be fulfilled and clearance letters must be received by the Secretary- Treasurer before any cheques can be accepted and Certificate of Official can be issued. 1. That the owner shall pay all taxes as levied, if required, to the satisfaction of the Reserves & Investments Department. Payment shall be made by certified cheque; (contact Terry Liuni in the Reserves & Investments Department to have this condition cleared). 2. The subject consent shall become null and void if the newly created parcel is not merged on title with the adjacent lands to the north and east (identified as Block 62, 65M-3885), if required, to the satisfaction of the Building Standards Department. 3. The proposed consent in File B013/11 shall be null and void, if the newly created Parcel 2 lands are not merged on title with the adjacent lands to the north identified as Block 63, Plan 65M if required, to the satisfaction of the Development Planning Department; 4. That the corresponding Consent File No. B012/11 MAJOR WESTON CENTRES LIMITED, be APPROVED. 5. Submission to the Secretary-Treasurer of FOUR (4) white prints of a registered deposited reference plan of survey, showing the subject land which conforms with the application submitted and which shows the dimensions and areas of each part shown on the plan; 6. Upon fulfilling and complying with all of the above-noted conditions, the Secretary-Treasurer of the Committee of Adjustment must be provided with a letter and three (3) copies of a legal size (8.5 by 14 ) Schedule Page, in a format satisfactory to the Secretary-Treasurer, from the Applicant s solicitor confirming the legal description of the subject lands, sufficient for registration purposes the Schedule Page will be an attachment to the Certificate. Upon being satisfied with said legal description and upon all other conditions for the consent having been satisfied, the Secretary- Treasurer shall provide a Certificate of Official to the applicant in accordance with Section 53(42) of the Planning Act, R.S.O. 1990, as amended; 7. A fee of $ made payable to the Treasurer City of Vaughan shall, be submitted to the Secretary Treasurer for the issuance of the Certificate/stamping of the deeds. It will be necessary to allow up to three (3) working days after all conditions have been fulfilled and documentation filed. Same day service is also available for an additional cost of $145.00, provided all conditions of approval have been fulfilled and all required documents are submitted by 11:30 am that day; 8 Prior to the issuance of a building permit, if required, the applicant shall fulfil and comply with all of the above noted consent conditions; 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 Reserves/Capital Department; Page 11 of 26

12 CONSENT PUBLIC HEARINGS: Item# 10 & 11 FILE NUMBERS: B014/11 AND B015/ ONTARIO INC. Part of Lot 15, Concession 4, (municipally known as 100, 600, 800 & 1000 Tesma Way, Concord). The subject lands are zoned EM1, Prestige Employment Area subject to Exception 9(759) and EM2,General Employment Area subject to Exception 9(759) under By-law 1-88 as amended. B014/11 - To request the consent of the Committee of Adjustment to convey a parcel of land for the creation of a new lot, together with all required easements and right of ways, for industrial purposes, and retain lands for industrial purposes. B015/11 - To request the consent of the Committee of Adjustment to convey a parcel of land as an EASEMENT in favour of the lands to the NORTH, for access & servicing purposes, and retain lands for industrial purposes. BACKGROUND INFORMATION: The land which is subject to these applications is/was also the subject of other applications under the Planning Act: Consent File No. B084/02 Canadian National Railway Co. Approved Jan. 27, 200 An addition to an existing lot taken into the title of the lands to the North MICHAEL WREN, the agent appeared on behalf of the applicant. No one appeared before the Committee in support of or in opposition to the request. MOVED by A. Perrella Seconded by J. Cesario THAT Application No. B014/ ONTARIO INC., be APPROVED, in accordance with the sketch attached and subject to the following conditions: NOTE: All conditions below must be fulfilled and clearance letters must be received by the Secretary- Treasurer before any cheques can be accepted and Certificate of Official can be issued. 1. 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 City of Vaughan (Reserves & Investments Department; contact Terry Liuni to have this condition cleared.) 2. That the owner shall pay all taxes as levied, if required, to the satisfaction of the Reserves & Investments Department. Payment shall be made by certified cheque; (contact Terry Liuni in the Reserves & Investments 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 2% 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 the corresponding Consent File No. B015/ ONTARIO INC., be APPROVED. 5. That the applicant enters into mutual access/right of way easements to facilitate shared access/right of way between the severed and retained lands to be registered on title along the necessary easements, if required, to the satisfaction of the Engineering Department; 6. The Owner shall provide legible draft plan of reference, as well as a plan showing all existing and proposed services and accesses overlay of the draft reference plan, if required, to the satisfaction of the Engineering Department. 7. That the applicant submit the consent application fee of $720 payable to the Toronto & Region Conservation Authority, if required, to the satisfaction of the Toronto & Region Conservation Authority. 8. Submission to the Secretary-Treasurer of FOUR (4) white prints of a registered deposited reference plan of survey, showing the subject land which conforms with the application submitted and which shows the dimensions and areas of each part shown on the plan; Page 12 of 26

13 CONSENT PUBLIC HEARINGS: Item # 10 & 11 FILE NUMBERS: B014/11 AND B015/ ONTARIO INC. 9. Upon fulfilling and complying with all of the above-noted conditions, the Secretary-Treasurer of the Committee of Adjustment must be provided with a letter and three (3) copies of a legal size (8.5 by 14 ) Schedule Page, in a format satisfactory to the Secretary-Treasurer, from the Applicant s solicitor confirming the legal description of the subject lands, sufficient for registration purposes the Schedule Page will be an attachment to the Certificate. Upon being satisfied with said legal description and upon all other conditions for the consent having been satisfied, the Secretary- Treasurer shall provide a Certificate of Official to the applicant in accordance with Section 53(42) of the Planning Act, R.S.O. 1990, as amended; 10. A fee of $ made payable to the Treasurer City of Vaughan shall, be submitted to the Secretary Treasurer for the issuance of the Certificate/stamping of the deeds. It will be necessary to allow up to three (3) working days after all conditions have been fulfilled and documentation filed. Same day service is also available for an additional cost of $145.00, provided all conditions of approval have been fulfilled and all required documents are submitted by 11:30 am that day; 11. Prior to the issuance of a building permit, if required, the applicant shall fulfil and comply with all of the above noted consent conditions; 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 Reserves/Capital Department; MOVED by A. Perrella Seconded by J. Cesario THAT Application No. B015/ ONTARIO INC., be APPROVED, in accordance with the sketch attached and subject to the following conditions: NOTE: All conditions below must be fulfilled and clearance letters must be received by the Secretary- Treasurer before any cheques can be accepted and Certificate of Official can be issued. 1. That the owner shall pay all taxes as levied, if required, to the satisfaction of the Reserves & Investments Department. Payment shall be made by certified cheque; (contact Terry Liuni in the Reserves & Investments Department to have this condition cleared). 2. That the corresponding Consent File No. B014/ ONTARIO INC., be APPROVED. 3. That Overall Grading Plans showing existing and proposed grades should be submitted to the satisfaction of the Engineering Department. Existing grades should be shown a minimum 20m beyond the site boundary, if required, to the satisfaction of the Engineering Department; 4. The Owner shall provide legible draft plan of reference, as well as a plan showing all existing and proposed services and accesses overlay of the draft reference plan, if required, to the satisfaction of the Engineering Department. 5. That the applicant submit the consent application fee of $720 payable to the Toronto & Region Conservation Authority, if required, to the satisfaction of the Toronto & Region Conservation Authority. Page 13 of 26

14 CONSENT PUBLIC HEARINGS: Item # 10 & 11 FILE NUMBERS: B014/11 AND B015/ ONTARIO INC. 6. 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; 7. 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 NORTH. 8. Submission to the Secretary-Treasurer of FOUR (4) white prints of a registered deposited reference plan of survey, showing the subject land which conforms with the application submitted and which shows the dimensions and areas of each part shown on the plan; 9. Upon fulfilling and complying with all of the above-noted conditions, the Secretary-Treasurer of the Committee of Adjustment must be provided with a letter and three (3) copies of a legal size (8.5 by 14 ) Schedule Page, in a format satisfactory to the Secretary-Treasurer, from the Applicant s solicitor confirming the legal description of the subject lands, sufficient for registration purposes the Schedule Page will be an attachment to the Certificate. Upon being satisfied with said legal description and upon all other conditions for the consent having been satisfied, the Secretary- Treasurer shall provide a Certificate of Official to the applicant in accordance with Section 53(42) of the Planning Act, R.S.O. 1990, as amended; 10. A fee of $ made payable to the Treasurer City of Vaughan shall, be submitted to the Secretary Treasurer for the issuance of the Certificate/stamping of the deeds. It will be necessary to allow up to three (3) working days after all conditions have been fulfilled and documentation filed. Same day service is also available for an additional cost of $145.00, provided all conditions of approval have been fulfilled and all required documents are submitted by 11:30 am that day; 11. Prior to the issuance of a building permit, if required, the applicant shall fulfil and comply with all of the above noted consent conditions; 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 Reserves/Capital Department; Page 14 of 26

15 CONSENT AND MINOR VARIANCE PUBLIC HEARINGS: Item# 12 to 14 FILE NUMBERS: B016/11, B017/11 AND A118/ ONTARIO LIMITED Part of Lot 15, Concession 4, (municipally known as 401 Caldari Road, Concord). The subject lands are zoned EM2, General Employment Area Zone under By-Law 1-88 as amended. B016/11 - The purpose of this application is to request the consent of the Committee of Adjustment to convey the parcel of land for the CREATION of a NEW LOT for vacant land purposes, together with all required easements and right-ofways, if required, and retain land for industrial purposes. B017/11 - To request the consent of the Committee of Adjustment to grant a parcel of land as an EASEMENT in favour of the lands to the NORTH, for storm sewer purposes and retain lands for industrial/vacant purposes. The subject lands are currently vacant. There is an existing one industrial building on the retained land. A118/11 PROPOSAL: REQUIREMENT: BACKGROUND INFORMATION: To facilitate Consent Application B016/11 (RETAINED LAND only) 1. No frontage on a public street. 1. Frontage on a public street. The land which is subject to this application was also the subject of another application under the Planning Act: Consent Applications: B094/01 APPROVED JAN 18/2002 Creation of a new lot for hotel/inn purposes (certificates issued Dec 19/03). B036/00 APPROVED Creation of a new lot for hotel/inn purposes (FILE LAPSED). MICHAEL WREN, the agent appeared on behalf of the applicant. Mr. Mark Yarranton of KLM Planning appeared in opposition to the request. It should be noted that Mr. Yarranton did not submit any forms to speak or received a copy of the decision. No one else appeared before the Committee in support of or in opposition to the request. A request for decision was received from James Frost, 401 Caldari Road, Concord, Ontario, L4K 5P1. There were discussions between the Committee, Mr. Wren and Mr. Yarrangton. MOVED by J. Cesario Seconded by H. Zheng THAT Application No. B016/ ONTARIO LIMITED, be APPROVED, in accordance with the sketch attached and subject to the following conditions: NOTE: All conditions below must be fulfilled and clearance letters must be received by the Secretary- Treasurer before any cheques can be accepted and Certificate of Official can be issued. 1. 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 City of Vaughan (Reserves & Investments Department; contact Terry Liuni to have this condition cleared.) 2. That the owner shall pay all taxes as levied, if required, to the satisfaction of the Reserves & Investments Department. Payment shall be made by certified cheque; (contact Terry Liuni in the Reserves & Investments 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 2% 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. Page 15 of 26