The Minutes of the 10th Meeting of the Vaughan Committee of Adjustment for the year 2000 Thursday MAY 25, 2000

Transcription

1 The Minutes of the 10th Meeting of the Vaughan Committee of Adjustment for the year 2000 Thursday MAY 25, 2000 Present at the meeting were: 6:05 p.m. M. Mauti S. Perrella T. DeCicco L. Fluxgold K. Hakoda Members of Staff present: Dianne E.L. Grout, Secretary-Treasurer Lenore Providence, Assistant Secretary-Treasurer Cathy Schanck, Assistant Secretary-Treasurer Odette McIntrye, Assistant Secretary-Treasurer Glenn White, Planner Armine Hassakourians, Plans Examiner INTRODUCTION OF ADDENDUM REPORTS Seconded by K. Hakoda That the addendum reports be incorporated into the minutes and be on view at the back of the room in the Report Book. DISCLOSURE OF PECUNIARY INTEREST T. DeCicco declared a conflict of interest with respect to Items 6 and 7, File Nos. B41/00, ONTARIO LTD., and B43/00, SEVENPLEX DEV. INC., as he has interest in the land. ADOPTION OR CORRECTION OF MINUTES MOVED by T. DeCicco Seconded by K. Hakoda THAT the minutes of the Committee of Adjustment Meeting of May 11, 2000 be adopted as circulated. ADJOURNMENTS AND/OR DEFERRALS Howard I. Shain, the agent, faxed a letter to the Committee requesting that Item #6, ONTARIO LTD., File No. B41/00, be ADJOURNED SINE DIE, pending decision of Vaughan Council on Plan of Subdivision 19T-99V07 draft. Gary Templeton, the agent, faxed a letter to the Committee requesting that Item #7, SEVENPLEX DEV. INC., File No. B43/00, be DEFERRED SINE DIE, pending decision of Vaughan Council on Plan of Subdivision 19T-99V07 draft. Gennaro Adamo, the owner, requested that Item #18, GENNARO & MARIANN ADAMO, File No. A135/00, be ADJOURNED SINE DIE, as an additional height variance was necessary. Regina Soved, the owner, faxed a letter to the Committee requesting that Item #25, REGINA SOVED, File No. A143/00, be WITHDRAWN. Seconded by K. Hakoda 1

2 THAT Item # 6, ONTARIO LTD., File No. B41/00, be ADJOURNED SINE DIE. THAT Item # 7, SEVENPLEX DEV. INC., File No. B43/00, be ADJOURNED SINE DIE. THAT Item #11, ONTASIAN ENTERPRISES INC., File No. B44/00, be CORRECTED. THAT Item # 18, GENNARO & MARIANN ADAMO, File No. A135/00, be ADJOURNED SINE DIE. THAT Item # 25, REGINA SOVED, File No. A143/00, be WITHDRAWN.. It should be noted that T. DeCicco abstained from voting on Item Nos.6 & 7, as he has an interest in the land. ADMINISTRATIVE CORRECTION: Seconded by K. Hakoda THAT Item #11, ONTASIAN ENTERPRISES INC., File No. B44/00, be CORRECTED, as follows: Legal description Steeles Avenue West not MINOR VARIANCE PUBLIC HEARING: 1. FILE NOS: A169/99 & A139/00 & EVERWIN HOLDING INC. & ONTARIO LIMITED 2. LOCATIONS A169/99 - Lot 34, Registrar s Compiled Plan 9685, (Part of Lot 26, Concession 1) municipally known as 228 Steeles Avenue West. A139/00 - Block 40, Registered Plan No. 65M-2237, (Part of Lot 26, Concession 1) municipally known as 238 Steeles Avenue West. PROPOSALS A169/99 - By-law 1-88 zones this parcel C2" General Commercial. The applicant is requesting variances to permit the construction of a proposed addition to an existing two-storey commercial building with automobile dealership (Mercedes-Benz), notwithstanding : 1. the interior side yard setback on the east side will be 4.5m and the west side will be 0.0m, rather than the By-law requires a minimum interior side yard setback of 6m; 2. the landscaped area will be 5%, rather than the By-law requires a minimum landscaped area of 9.4%; 3. the lot coverage will be 34%, rather than the By-law requires a maximum lot coverage of 30%. 2

3 COMMITTEE OF ADJUSTMENT MINUTES MAY 25, 2000 MINOR VARIANCE PUBLIC HEARING: 1. FILE NOS: A169/99 & A139/00 & EVERWIN HOLDING INC. & ONTARIO LIMITED 2. A139/00 - By-law 1-88 zones this parcel C2" General Commercial. The applicant is requesting a variance to permit the construction of a new facade and the linking of same to the existing adjacent building at 228 Steeles Avenue, West, notwithstanding, constructing outside the Building Envelope as identified on Schedule E-399, resulting in a 0.0m easterly interior side yard setback, rather than the By-law requires all structures shall only be built within the area shown as Building Envelope on Schedule E-399, resulting in a 1.5m easterly interior side yard setback. The Committee mentioned that L. Fluxgold, a member of the Committee, who was not yet present, wished to address this item. The Committee suggested they Stand Down the item until Mr. Fluxgold arrived. Seconded by T. DeCicco THAT Application Nos. A169/99 & A139/00 - EVERWIN HOLDINGS INC. & ONTARIO LIMITED., be STOOD DOWN, until such time as a full Committee is present. CONSENT PUBLIC HEARING: 3. FILE NO.B40/00 PASQUALE DELLE DONNE LOCATION Part of Lot 19, Concession 4, municipally known as 9706 Keele Street, Maple. PROPOSAL By-law 1-88 zones the subject land and the retained land as R1 Residential. The purpose of this application is to request the consent of the Committee of Adjustment to a convey parcel of land marked "A" for the creation of a new lot for residential purposes and retain the land marked "B" for residential purposes. There is an existing garage on the subject land, which will be demolished. On the retained land there is an existing shed, to be demolished and a single family dwelling, a portion of which will be demolished to meet required setbacks. Diego Fazio, the agent, appeared on behalf of the applicant and gave a brief submission regarding the request. He explained to the Committee that the applicant was aware of the conditions by York Region regarding the road widening and advised that a Draft Plan had been sent already. 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. 3

4 Seconded by K. Hakoda COMMITTEE OF ADJUSTMENT MINUTES MAY 25, 2000 THAT Application No. B40/00 - PASQUALE DELLE DONNE, 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. The applicant shall apply for and obtain a demolition permit for the demolition of the existing garage, if required, to the satisfaction of the Building Standards Department. 5. That the applicant provide a tree fee of $ for a total of (3), to be paid to the Finance Department, if required, to the satisfaction of the Urban Design Department. 6. A fee of $ made payable to the Treasurer City of Vaughan shall be submitted to the Secretary-Treasurer for the issuance of the Certificate/stamping of the deeds. It will be necessary to allow up to three (3) working days after all conditions have been fulfilled and documentation filed. Same day service is also available for an additional cost of $100.00, provided all conditions of approval have been fulfilled and all required documents are submitted by 11:30am. that day. 7. 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; 8. 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; 9. Prior to the issuance of a building permit, if required, the applicant shall fulfill and comply with all of the above noted consent conditions; 10. The consent application is subject to the Planning and Approvals Branch Development Review Fees. This fee is identified in By-law No. A m a by-law to prescribe fees for processing development applications in the Transportation and Works Department. The fee for review of consent applications is $ The owner shall forward a certified cheque in the amount of $ payable to The Regional Municipality of York, to the attention of Robert Partridge. 11. The owner shall convey to the Region a road widening along the entire frontage of the severed land adjacent to Keele Street, of sufficient width to provide 15.0 metres from the centreline of Keele Street, free of all costs and encumbrances, to the satisfaction of the Regional Solicitor. The owner shall provide a solicitor s certificate of title in a form satisfactory to the Regional Solicitor, at no cost to the Region, with respect to the conveyance of lands to The Regional Municipality of York. 4

5 COMMITTEE OF ADJUSTMENT MINUTES MAY 25, A draft reference plan showing the required road widening shall be submitted to this Department for review and approval. 13. A detailed site plan application shall be made to the Region via the City of Vaughan Planning Department with respect to future development of the severed property. 14. Access to severed and retained lots shall be via a mutual driveway centred on the severed lots. 15. 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; PLEASE NOTE: L. FLUXGOLD ARRIVED AT 6:15PM AND THEREFORE, HE ABSTAINED FROM VOTING ON THE ABOVE MATTER AS HE WAS NOT PRESENT FOR THE ENTIRE SUBMISSION. MINOR VARIANCE PUBLIC HEARING: 1. FILE NO: A169/99 & A139/00 & EVERWIN HOLDING INC. & ONTARIO LTD. 2 David Matthews, the agent, appeared on behalf of the applicant and submitted drawings during his submission regarding the request. He advised that Site Development Application DA was approved by Vaughan Council on May 23, Les Fluxgold asked David Matthews how this application varied from the original site plan application to which Mr. Matthews replied that this application was expanded to consolidate both buildings. A letter was faxed from David Matthews on May 23, 2000 in regard to the above matter. Revised comments were also received from the Community Planning Department on May 23, 2000 in support of this application. As a result of Council s approval of the Site Development Application on May 23, 2000, the Community Planning Department can now support the Variance Applications A139/00 and A169/99.

6 MINOR VARIANCE PUBLIC HEARING: 1. FILE NOS: A169/99 & A139/00 & EVERWIN HOLDING INC. & ONTARIO LIMITED 2. 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 K. Hakoda THAT Application No. A169/99 - EVERWIN HOLDINGS INC., be APPROVED, subject to the following conditions: 1. That the variances for the reduction in interior side yard on East and West side, reduction in landscaped area, increase in lot coverage are conditional upon the addition 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 a building permit is required authorizing the construction of the addition, if required, to the satisfaction of the Building Department; 3. That the applicant provide upgraded landscaping, if required, to the satisfaction of the Urban Design Department; 4. That the corresponding minor variance Application, FILE NO. A139/00, ONTARIO LTD., be approved and be in full force and effect; 5. 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. 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 K. Hakoda THAT Application No. A139/ ONTARIO LIMITED, be APPROVED, subject to the following conditions: 1. That the variance for the reduction in the interior side yard setback for the linking of a new facade to the existing adjacent building at 228 Steeles Ave., West (outside the Building Envelope) 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 a building permit is required authorizing the construction of the addition, if required, to the satisfaction of the Building Department; 3. That the corresponding minor variance Application, FILE NO. A169/99, EVERWIN HOLDINGS INC., be approved and be in full force and effect; 4. 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 6

7 Committee. CONSENT PUBLIC HEARING: 4. FILE NO. B44/00 ONTASIAN ENTERPRISES INC. LOCATION Part 13 & 14 Plan No. 1607, (Part of Lot 26, Concession 1), municipally known as Steeles Avenue, West, Thornhill. PROPOSAL The purpose of this application is to request the consent of the Committee of Adjustment for a technical conveyance of a parcel of land marked "A" for automobile dealership purposes and retain the land marked "B" for automobile dealership purposes. The land being conveyed and the land being retained were formerly separate holdings but have since become consolidated (taken into the same title).the subject and retained lands are currently vacant. By-law 1-88 zones the subject and retained lands as "C2 (H) General Commercial Holding Zone. John Srebot, the agent, appeared along with David Matthews on behalf of the applicant and David Matthews, Patrick Sweet & Associates Limited, 1523 Huronontario Street, Mississauga, Ontario L5C 3H7, gave a brief submission regarding the request. A fax was received from York Condominium Corporation No. 5, P.O. Box Centrepoint Postal Outlet, 6478 Yonge Street, North York, M2M 3Y1, concerning increase of traffic on Cactus Avenue and Steeles Avenue, increased traffic accidents, and also creating a parking problem in the area. They also felt there would be an increase in the noise due to this application. A fax was received from Ms. Eugenia Pearson, Steeles Ave. W., Toronto, Ontario, M2M 3Y1, protesting any commercial use of the lands. She felt that the appropriate use should be residential with a park. The Committee is of the opinion that the variance 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 T. DeCicco Seconded by S. Perrella THAT Application No. B44/00, ONTASIAN ENTERPRISES INC., 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. The owner is required to pay his proportionate share of the costs of the services that were installed by the developers of the Blocks 1, 2 and 3. The details will be outlined in the 7

8 development agreement. The development agreement will be a condition of the site plan. The condition of approval... The owner shall acknowledge that prior to site plan approval for the subject land the applicant for the site plan will be required to pay its proportionate share of the cost of services installed by the developers of the Blocks 1, 2 and 3 of OPA #247., if required, to the satisfaction of the Engineering Department; 3. Submission to the Secretary-Treasurer of three (3) white prints of a registered deposited reference plan of survey, showing the subject land which conforms with the application submitted and which shows the dimensions and areas of each part shown on the plan; 4. Upon fulfilling and complying with all of the above-noted conditions, and only if required, the Secretary-Treasurer of the Committee of Adjustment must be provided with three (3) copies of the Transfer/Deed of Land for the subject land to be stamped accordingly; or may provide a Certificate to the Applicant stating the Consent has been given in certain cases; 5. A fee of $ made payable to the Treasurer City of Vaughan shall, be submitted to the Secretary Treasurer for the issuance of the Certificate/stamping of the deeds. It will be necessary to allow up to three (3) working days after all conditions have been fulfilled and documentation filed. Same day service is also available for an additional cost of $100.00, provided all conditions of approval have been fulfilled and all required documents are submitted by 11:30am. that day; 6. Prior to the issuance of a building permit, if required, the applicant shall fulfill and comply with all of the above noted consent conditions; 7. 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; IT SHOULD BE NOTED THAT T. DECICCO AND K. HAKODA LEFT THE CHAMBERS FOR THE REST OF THE MEETING. 10. FILE NO. A125/00 ROSA CAMPIONE LOCATION Lot 1, Registered Plan 65M-2917, ( Part of Lot 11, Concession 7), municipally known as 31 Intersite Place. PROPOSAL 8

9 By-law 1-88 zones this parcel RR" - Rural Residential.The purpose of this application is to request a variance to permit the construction of a proposed one-storey single family detached dwelling with an attached three car garage, notwithstanding, the minimum rear yard setback will be 7.20m, minimum interior side yard setback will be 3.0m, rather than the By-law requires the minimum rear yard setback to be 15.0m, minimum interior side yard setback be 4.5m. Tony Baldessarra, the agent, appeared on behalf of the applicant and gave a brief submission regarding the request. 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. THAT Application No. A125/00, ROSA CAMPIONE, be APPROVED, subject to the following conditions: 1. That the variances for the rear yard and interior side yard setbacks are conditional upon the structure being constructed in accordance with the attached sketch, 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. 12. FILE NO. A137/00 VITO TONON LOCATION Lot 1, Registered Plan 4258, (Part of Lot 25, Concession 9), municipally known as 727 Nashville Road. PROPOSAL By-law 1-88 zones this parcel A" - Agricultural. The purpose of this application is to request a variance to permit the continued construction of a proposed entranceway into the basement of an existing one-storey single family detached dwelling with an attached garage, notwithstanding, the minimum interior side yard setback will be 2.60m, rather than the By-law requires the minimum interior side yard setback to be 4.50m. Vito Tonon, the owner, appeared on his own behalf. 9

10 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. THAT Application No. A137/00 - VITO TONON, be APPROVED, subject to the following conditions: 1. That the variance for the minimum interior side yard setback is conditional upon the structure being constructed in accordance with the attached sketch, 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. 13. FILE NO. A138/ ONTARIO INC. LOCATION Lot 18, Registered Plan 65M-3325, (Part of Lot 14, Concession 3), municipally known as 20 Foxfield Crescent. PROPOSAL By-law 1-88 zones this parcel RV3 (WS) - Residential Urban Village Zone Three. The purpose of this application is to request a variance to permit the construction of a proposed one-storey, single family dwelling, with attached garage, notwithstanding, the rear yard setback will be 5.77m, rather that the by-law requires the rear yard setback to be 6.0m. John Giardullo, the agent, appeared on behalf of the applicant. 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. THAT Application No. A138/ ONTARIO LTD., be APPROVED, subject to the following conditions: 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. 10

11 2. That the variance for the rear yard setback is conditional upon the structure being constructed in accordance with the attached sketch, 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. 14. FILE NO. A140/00 BROOKFIELD HOMES (ONTARIO) LTD. LOCATION Lot 192, Registered Plan 65R-3132, (Part of Lot 25, Concession 4), municipally known as 281 Ashton Drive. PROPOSAL By-law 1-88 zones this parcel R3" - Residential. The purpose of this application is to request a variance to permit the construction of a proposed two-storey single family detached dwelling, notwithstanding, the minimum rear yard setback abutting an open space zone, will be 8.9m from dwelling to rear lot line, and an open & unenclosed deck encroaching 1.3m from deck to rear lot line will be 8.7m, rather than the By-law requires lots abutting land abutting an open space zone (OS1), the minimum rear yard setback to be 10.0m, with no building or structures permitted in the required yard. Lucy Tantalo, the agent, appeared on behalf of the applicant. 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. THAT Application No. A140/00 - BROOKFIELD HOMES (ONTARIO) LTD., be APPROVED, subject to the following conditions: 1. That the variance for the rear yard setback is conditional upon the structure being constructed in acdordance with the attached sketch, 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. OTHER BUSINESS 11

12 MOTION TO ADJOURN THAT the meeting of Committee of Adjustment be adjourned at 7:15 p.m., and the next regular meeting will be held on JUNE 8,