Applicant: ALEXANDER AND SVETLANA BELINSKI. 71 Pondview Road, Thornhill.

Transcription

1 Item # 6 Ward #5 File: B013/16 Applicant: ALEXANDER AND SVETLANA BELINSKI Address: Agent: 71 Pondview Road, Thornhill. NONE Adjournment Status: Notes: Comments/Conditions: Commenting Department Comment Condition of Approval Building Standards Development Planning Engineering TRCA PowerStream York Region Other Finance Department Other Real Estate Department Other- MTO Legend: - Positive Comment - Negative Comment Prepared By: Adriana MacPherson

2 COMMITTEE OF ADJUSTMENT 2141 Major Mackenzie Drive, Vaughan, Ontario, L6A 1T1 Tel [905] Fax [905] NOTICE OF APPLICATION CONSENT FILE NUMBER: B013/16 APPLICANT: PROPERTY: ZONING: PURPOSE: ALEXANDER AND SVETLANA BELINSKI Part of Lot 30, Concession 1 (Lot 20 of Registered Plan 3319) municipally known as 71 Pondview Road, Thornhill. The subject lands are zoned R2, Residential Zone subject to Exception 9(1029) under By-law 1-88 as amended. The purpose of this application is to request the consent of the Committee of Adjustment to convey a parcel of land marked "A" on the attached sketch for the creation of a new lot, together with all required easements and right of ways, for residential purposes, and retain the lands marked B on the attached sketch for residential purposes. A sketch is attached illustrating the request. This application will be heard by the Committee of Adjustment on the date and time shown below. DATE: THURSDAY, JUNE 16, 2016 TIME: LOCATION: 6:00 PM COMMITTEE ROOM 242/243 (2 nd Floor) VAUGHAN CITY HALL 2141 MAJOR MACKENZIE DRIVE VAUGHAN, ONTARIO L6A 1T1 You are invited to attend this public hearing in person to express your views about this application or you may be represented by counsel for that purpose. If you do not attend at the hearing it may proceed in your absence and, except as otherwise provided in the Planning Act, you will not be entitled to any further notice of the proceedings. If you wish to be notified of the decision of the Committee of Adjustment with respect to this application, you must complete the attached Request for Decision form and submit it to the Secretary- Treasurer. Additional information is available from the Committee of Adjustment staff between 8:30 a.m. and 4:30 p.m. Monday to Friday at the Committee of Adjustment, Clerks Department: Tel:(905) /Fax: (905) If you wish to make written comments on this application they may be forwarded to the Secretary - Treasurer of the Committee of Adjustment PRIOR TO THE MEETING. Your comments are collected under the legal authority of the Planning Act, R.S.O. 1990,Chapter c. P.13, as amended. Your comments in respect to this application becomes the property of the City of Vaughan and will become part of the decision making process of the application as noted on this form. Pursuant to Section 27 of the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M.56, as amended, public feedback to planning proposals is considered to be a public record and will be disclosed to any individual (including being posted on the internet) upon request in accordance with Section 27 of the Municipal Freedom of Information and Protection Privacy Act, R.S.O. 1990, c. M.56, as amended. Questions about this collection should be directed to the Secretary-Treasurer, Vaughan Committee of Adjustment, Clerk s Department, 2141 Major Mackenzie Drive, Vaughan, Ontario; L6A 1T1 (905) x DATED THIS JUNE 1, Todd Coles, BES, MCIP, RPP Manager of Development Services and Secretary-Treasurer to Committee of Adjustment Agenda packages will be available prior to hearing at: Vaughan.ca/CofA Form 9

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4 Location Map- B013/16 71 Pondview Road, Thornhill ± City of Vaughan Kilometers The City of Vaughan makes every effort to ensure that this map is free of errors but does not warrant that the map or its features are spatially, tabularly, or temporally accurate or fit for a particular use. This map is provided by the City of Vaughan witthout warranties of any kind, either expressed or implied.

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14 Building Standards Department 2141 Major Mackenzie Drive Vaughan, Ontario Canada L6A 1T1 Tel (905) To: Committee of Adjustment From: Carla Pierini, Building Standards Department Date: May 27, 2016 Name of Owner: Alexander and Svetlana Belinski Location: 71 Pondview Road Lot 20, Registered Plan 3319 Part 2, 65R Part 1, 65R File No.: B013/16 Zoning Classification: Proposal: The subject lands are zoned R2, Residential Zone subject to Exception 9(1029) under By-law 1-88 as amended. Lot Frontage: The minimum Lot Frontage requirement for the conveyed lands is 15 metres. The minimum Lot Frontage requirement for the retained lands is 15 metres. - The proposed lot frontage of metres for the conveyed lands meets the minimum lot frontage requirement. - The proposed lot frontage of metres for the retained lands meets the minimum lot frontage requirement. Lot Area: The minimum Lot Area requirement for the conveyed lands is 450 m². The minimum Lot Area requirement for the retained lands is 450 m². - The proposed lot area of m² for the conveyed lands meets the minimum lot area requirement. - The proposed lot area of m² for the retained lands meets the minimum lot area requirement. Lot Depth: There is no requirement for minimum lot depth for this zone. Staff Comments: Stop Work Orders and Orders to Comply: There are no outstanding Orders on file. Other Comments: 1. The creation of new lots over existing developments may create situations of non-conformity. Existing site conditions on a newly created lot must conform to all applicable provisions of the By-law (i.e. coverage, setbacks for retaining walls, landscaping, etc.). A full review of the proposed retained parcel is required in order to confirm compliance with the Zoning By-law. A Minor Variance Application may be required to address any such deficiencies. * Comments are based on the review of documentation supplied with this application.

15 DATE: June 3, 2016 TO: FROM: Todd Coles, Committee of Adjustment Peter Turezki Development Engineering & Infrastructure Planning Department MEETING DATE: June 16, 2016 OWNER: Alexander and Svetlana Belinski FILE(S): B013/16 Location: Part of Lot 30, Concession 1 (Lot 20, Registered Plan 3319) municipally known as 71 Pondview Road, Thornhill. Proposal: The subject application proposes to sever one (1) residential lot into two (2) residential lots. Lot Frontage: 1. Proposed lot frontage of metres for the conveyed lands. 2. Proposed lot frontage of metres for the retained lands Lot Area: 1. Proposed lot area of 535.4m 2 for the conveyed lands. 2. Proposed lot area of 534.9m 2 for the retained lands. By-Law Requirements: Lot Frontage: 1. Minimum 15.0 metres lot frontage required for the conveyed lands. 2. Minimum 15.0 metres lot frontage required for the retained lands. Lot Area: 1. Minimum 450m 2 lot area required for the conveyed lands. 2. Minimum 450m 2 lot area required for the retained lands. Comments: 1. The Development Engineering and Infrastructure Planning Department, based on the review of documentation supplied with this application, does not object to the proposed severance subject to the below conditions. 2. Please note that the subject lands are identified as external benefiting lands to municipal servicing as identified in the Pondview Road Extension, B013/10, B014/10, B052/10, AND B053/10 Development Agreement between the City of Vaughan and Tribecca Development Corporation/ Joe Wade dated August 8, As a condition of the Development Agreement, the City shall use its reasonable efforts to collect the proportionate share of the servicing costs from any external lands benefitting from the road extension and servicing including electrical, sanitary, storm, and water services. Conditions: 1. The Owner shall provide a conceptual Site Grading and Servicing Plan (SGSP) for the severed and retained lands, to the satisfaction of the Development Engineering and Infrastructure Planning Services Department, in adherence with the submitted reference plan, O:\Dev Eng & Infra Pln Srv\Development Services\WORKING\TUREZKIP\Circulations\Committee of Adjustments\Consents\B Pondview Road

16 at the Owner s expense for the conveyance of the subject land, to the City s sole satisfaction. The Plans should identify all existing and/or proposed services, existing and/or proposed elevations and include acceptable driveway accesses (in conformity with By-law 1-88, as amended). 2. The Owner shall submit payment, to the satisfaction of the City, for their proportionate share of the road extension and associated municipal servicing costs as stipulated in accordance with the Pondview Road Extension, B013/10, B014/10, B052/10, AND B053/10 Development Agreement between the City of Vaughan and Tribecca Development Corporation/ Joe Wade dated August 8, O:\Dev Eng & Infra Pln Srv\Development Services\WORKING\TUREZKIP\Circulations\Committee of Adjustments\Consents\B Pondview Road

17 MacPherson, Adriana From: Pereira, Nelson Sent: June :58 PM To: Attwala, Pravina; Buchanan, Andrea; Coles, Todd; MacPherson, Adriana; Providence, Lenore Subject: Application for Consent B013/16 Good Afternoon, Please find below the conditions and comments relating to Development Finance: Conditions: 1. The owner shall pay of a Tree Fee, 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 Financial Planning and Development Finance Department (contact Nelson Pereira to have this condition cleared). 2. The owner shall pay all property taxes as levied, if required. Payment is to be made by certified cheque, to the satisfaction of the City of Vaughan Financial Planning and Development Finance Department (contact Nelson Pereira to have this condition cleared). Please Note: 1. That the payment of the City Development Charge is payable to the City of Vaughan prior to issuance of a building permit in accordance with the Development Charges Act and City-wide Development Charge By-law in effect at time of payment. 2. That the payment of Region of York Development Charge is payable to the City of Vaughan prior to issuance of a building permit in accordance with the Development Charges Act and Regional Development Charges By-laws in effect at time of payment. 3. That the payment of Education Development Charge is payable to the City of Vaughan prior to issuance of a building permit in accordance with the Development Charges Act and York Region District School Board and York Catholic District School Board Development Charges By-laws in effect at time of payment 4. That the payment of applicable Special Area Development Charges are payable to the City of Vaughan prior to issuance of a building permit in accordance with the Development Charges Act and Special Area Development Charge By-laws in effect at time of payment. Thanks Nelson Pereira, CPA, CMA Senior Corporate Financial Analyst , ext nelson.pereira@vaughan.ca City of Vaughan l Financial Planning & Development Finance 2141 Major Mackenzie Dr., Vaughan, ON L6A 1T1 vaughan.ca 1

18 MacPherson, Adriana Subject: B013/16 - Request for Comments RECEIVED May 30, 2016 Committee of Adjustment From: Della Mora, Dan (MTO) [mailto:dan.dellamora@ontario.ca] Sent: May :26 PM To: MacPherson, Adriana Subject: RE: B013/16 - Request for Comments Good Afternoon, MTO Highway Corridor Management has reviewed the location of the subject land (71 Pondview Rd., Vaughan). Please be advised that the subject land is located outside of MTO Permit Control Area. As a result, a Permit from this office is not required. If you have any questions, please feel free to contact me. Regards, Dan Dan Della Mora Corridor Management Planner Tel: Fax: Dan.DellaMora@ontario.ca 1

19 TO: FROM: Todd Coles, Committee of Adjustment Secretary Treasurer Grant Uyeyama, Director of Development Planning FILE: B013/16-71 Pondview Road, Thornhill. (Ward 5) DATE OF HEARING: June 16, 2016 DATE: June 7, 2016 Proposal: The Owner is requesting permission to create a new residential lot for the purposes of facilitating the construction of a detached dwelling. Official Plan: VOP 2010: Low-Rise Residential. The proposal conforms to the Official Plan. Comments: The Owner is requesting permission for the creation of a new residential lot to facilitate the future construction of a detached dwelling. The subject lands currently contain an existing detached dwelling, which is situated on the westerly portion of the subject lands, and will be maintained on the Retained Lands. The easterly portion of the lot is currently vacant, and is identified as the Subject Lands, where a detached dwelling is proposed to be constructed in the future by new landowners. The Owner is proposing the following: Proposal Minimum Lot Frontage Requirement Proposed Minimum Lot Frontage Minimum Lot Area Requirement Proposed Minimum Lot Area Conveyed Lands 15 m m 450 m m 2 Retained Lands 15 m m 450 m m 2 The proposal complies with the minimum lot frontage and lot area requirements of Zoning Bylaw The Development Planning Department has no objection to the proposed consent. The proposal will create a lot which is compatible with the existing lot pattern, and maintains the existing character of the streetscape. The proposed building footprint, as provided by the Owner, demonstrates that the proposed future dwelling will comply with all setback and lot coverage requirements as stipulated in Zoning By-law The Development Planning Department is of the opinion that the proposal meets the intent of the Official Plan and the consent criteria stipulated in Section 51(24) of the Planning Act. Recommendation: The Development Planning Department supports the proposal. Condition(s): None. Comments Prepared by: Natalie Wong, Planner 1 Stephen Lue, Senior Planner Development Planning Department I City of Vaughan I 2141 Major Mackenzie Drive I Vaughan, ON L6A 1T1 T: I F: I Page 1

20 Date: May 30, 2016 Attention: RE: Todd Coles Request for Comments File No.: B Related Files: Applicant: Location Alexander and Svetlana Belinski 71 Pondview Road 1

21 COMMENTS: PowerStream has received and reviewed the proposed Consent Application. This review, however, does not imply any approval of the project or plan. All proposed billboards, signs, and other structures associated with the project or plan must maintain minimum clearances to the existing overhead or underground electrical distribution system as specified by the applicable standards, codes and acts referenced. In the event that construction commences, and the clearance between any component of the work/structure and the adjacent existing overhead and underground electrical distribution system violates the Occupational Health and Safety Act, the customer will be responsible for 100% of the costs associated with PowerStream making the work area safe. All construction work will be required to stop until the safe limits of approach can be established. In the event construction is completed, and the clearance between the constructed structure and the adjacent existing overhead and underground electrical distribution system violates the any of applicable standards, acts or codes referenced, the customer will be responsible for 100% of PowerStream s cost for any relocation work. References: Ontario Electrical Safety Code, latest edition (Clearance of Conductors from Buildings) Ontario Health and Safety Act, latest edition (Construction Protection) Ontario Building Code, latest edition (Clearance to Buildings) PowerStream (Construction Standard 03-1, 03-4), attached Canadian Standards Association, latest edition (Basic Clearances) If more information is required, please contact either of the following: Mr. Barry N. Stephens Mr. Stephen Cranley Commercial & Industrial Services Supervisor Supervisor, Subdivisions & New Services Phone: ext Phone: ext Fax: Fax: barry.stephens@powerstream.ca steve.cranley@powerstream.ca 2

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25 MacPherson, Adriana Subject: Attachments: FW: B013/16 - Request for Comments- MV - 71 Pondview Road - Vaughan B Circulation.pdf RECEIVED JUNE 1, 2016 Committee of Adjustment From: Hurst, Gabriellee [mailto:gabrielle.hurst@york.ca] Sent: June MacPherson, Adriana; Providence, Lenore; Attwala, Pravinaa Subject: FW: B013/16 - Request for Comments- MV - 71 Pondview Road - Vaughan 9:52 AM To: Good Morning Adriana, The Regional Municipality of York has reviewed the above Consent application and has no objection. Regards, Gabrielle Gabrielle Hurst, MCIP. RPP. C.Tech Programs and Process Improvement Section of the Planning and Economic Development Branch Corporate Services The Regional Municipality of York Yonge Street Newmarket, ON L3Y 6Z1 O ext gabrielle.hurst@york..ca www. york.ca Our Values: Integrity, Commitment, Accountability, Respect, Excellence 1

26 MacPherson, Adriana Subject: FW: B013/16- Notice of Application RECEIVED June 7, 2016 Committee of Adjustment From: Martin Zimmerman Sent: June :39 AM To: MacPherson, Adriana Subject: RE: B013/16- Notice of Application Hello Adriana, I would like to asked the Committee of Adjustment give the same consideration to this application as the OMB did on August 31, 2011 to the neighbouring severed lots. Z.09.30, B013/10, B014/10, B015/10, and B053/10 the rezoning and severance of the properties at 143 Thornridge Drive and 138 Arnold Ave. Paragraph 8 of that document issued by the OMB states The applicants shall pay their proportionate share for the external municipal services and road construction for the westernly section of Pondview Road and Edwards Street in accordance with the CCCCC Investment Corporation Development Agreement dated January 4, I asked that the same consideration be given to this application, since without incurring the cost and development of the extension of Pondview by a third party CCCCC Investment this application could never come forward for consideration. Thank you, Martin Zimmerman 1