The Minutes of the 11th Meeting of the Vaughan Committee of Adjustment for the year 2011 THURSDAY, JUNE 16, :05 p.m.

Transcription

1 The Minutes of the 11th Meeting of the Vaughan Committee of Adjustment for the year 2011 THURSDAY, JUNE 16, :05 p.m. Present at the meeting were: L. Fluxgold J. Cesario M. Mauti A. Perrella H. Zheng Members of Staff present: Todd Coles, Secretary-Treasurer Cathy Moreland, Assistant to the Secretary-Treasurer Erika Ivanic, Planner Daniel Woolfson, Planner Marie Kennedy, Plans Examiner INTRODUCTION OF ADDENDUM REPORTS Seconded by J. Cesario 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 L. Fluxgold disclosed pecuniary interest regarding Item # 13, File No. A141/11 Leon & Sherryl Steiner, stating that his legal firm had represented the owner on legal advice. ADOPTION OR CORRECTION OF MINUTES Seconded by J. Cesario THAT the minutes of the Committee of Adjustment Meeting of Thursday, May 26, 2011 be adopted as circulated. CARRIED ADJOURNMENTS AND/OR DEFERRALS An was received from Mike Everard, authorized agent, requesting that Item # 6, File No. B003/11 THERESA FRAME GARIBALDI, be ADJOURNED to the SEPTEMBER 22, 2011, to allow time for the Toronto & Region Conservation Authority, Engineering and Planning Departments to send comments. Seconded by J. Cesario That Item # 6, File No. B003/11 THERESA FRAME GARIBALDI, be ADJOURNED SINE DIE. An was received from Lou Pompili, authorized agent, that Item # 7, File No. A106/11 CRYSTAL CORPORATE CENTRE INC., be ADJOURNED to the July 7, 2011 MEETING, as per the Development Planning Department comments. An was received from Mohamed Ali, authorized agent, requesting that Item # 9, File No. A128/11 NAZMA ALI, be ADJOURNED to the JULY 7, 2011 MEETING, as per the Development Planning Department comments. MOVED by J. Cesario Seconded by M. Mauti That Item # 7, File No. A106/11 CRYSTAL CORPORATE CENTRE INC., be ADJOURNED to the July 7, 2011 MEETING. That Item # 9, File No. A128/11 NAZMA ALI, be ADJOURNED to the JULY 7, 2011 MEETING, Page 1 of 16

2 ADMINISTRATIVE CORRECTIONS NONE. MINOR VARIANCE PUBLIC HEARING (Previously adjourned from the April 7, April 28 & May 26, 2011 meetings) Item # 1. FILE NUMBER: A093/11 NICOLA MARINARO Part of Lot 18, Concession 4, (Lot 30, Registered Plan No. 65M-2592, municipally known as 29 Findhorn Crescent, Maple). The subject lands are zoned R2, Residential Zone Two and subject to the provisions of Exception 9(495) under By-law 1-88 as amended. The applicant is requesting variances to permit the maintenance of an existing accessory building as follows: 1. To permit an accessory structure with a floor area of m2. 2. To permit an accessory structure with an interior side yard setback of 0.44 metres to the accessory structure and 0.11 metres to the eaves. 3. To permit an accessory structure with a rear yard setback of 1.03 metres. 4. To permit an accessory structure with a building height of 3.02 metres. 1. A maximum floor area of 8 m2 is permitted. 2. A minimum interior side yard setback of 1.2 metres is required to the accessory structure and 0.9 metres to the eaves. 3. A minimum rear yard setback of 9.0 metres is required. 4. A maximum building height of 2.5 metres is permitted. Nick Marinaro, the owner appeared and had nothing to add to the request. Joanne Russo, 33 Findhorn Cres., Maple, Ontario, L6A 1M2, appeared in opposition, reiterating her previous comments on file. Mr. Marinaro stood back up to the podium. No one else appeared in support of or in opposition to the request. Seconded by J. Cesario THAT the Committee is of the opinion that the variances sought cannot be considered minor and are 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. THAT Application No. A093/11 NICOLA MARINARO, be REFUSED, in accordance with the attached sketch. Item # 2. FILE NUMBER: A131/11 AMELIE BEAUDIN Part of Lot 31, Concession 1, (Lot 6, Registered Plan 3977, municipally known as 17 Oakbank Road, Thornhill). The subject lands are zoned R1V, Old Village Residential, under By-law 1-88 subject to Exception 9(662) as amended. The applicant is requesting variances to permit the construction of a cabana as follows: 1. Minimum Rear Yard Setback = 5.0m 2. The nearest part of the roof shall not be more than 3.11m above finished grade. (Flat Roof) 1. Minimum Rear Yard Setback = 9.5m 2. The nearest part of the roof shall not be more than 3m above finished grade. (Flat Roof) Page 2 of 16

3 BACKGROUND : The land which is subject to this application was also the subject of another application under the Planning Act: Minor Variance File A289/07 Omid Sharifi Approved as Amended August 9, 2007 ( Proposed two storey dwelling, building height of 9.66 metres, lot coverage of 21.9%. Simon West, appeared as the authorized agent. The Committee asked Mr. West about the comments received from the Engineering Department regarding a retaining wall. Mr. West advised that the application may need to be revised as another variance could be necessary. Both the Committee and Mr. West agreed to adjourn to the July 21, 2011 meeting to allow time for the agent to determine if the application needed to be revised and for a new notice of application to be sent out. Seconded by J. Cesario THAT Application No. A131/11 - AMELIE BEAUDIN, be ADJOURNED, to the JULY 21, 2011 MEETING. CARRIED L. Fluxgold left the Chambers and was not present for the rest of the meeting. J. Cesario assumed the Chair. Item # 3. FILE NUMBER: A140/11 LORETO & MARIDA PERRUZZA Part of Lot 13, Concession 7, (Lot 44, Registered Plan No. 65M-2518, municipally known as 82 Calgary Gardens, Woodbridge). The subject lands are zoned R1, Residential under By-Law 1-88 as amended and further subject to exception 9(542). The applicant is requesting variances to permit the maintenance of two existing sheds as follows: 1) Shed 1 Minimum rear yard setback 0.66m. 2) Shed 1 Minimum side yard setback 0.66m. 3) Shed 1 Maximum building height 3.18m. 4) Shed 2 Located in the interior side yard. 5) Shed 2 Minimum interior side yard 0.8m. 6) Shed 2 Maximum building height 2.6m. 1) Shed 1 Minimum rear yard setback 7.5m. 2) Shed 1 Minimum side yard setback 1.5m. 3) Shed 1 Maximum building height 2.5m. 4) Shed 2 Located in the rear yard only. 5) Shed 2 Minimum interior side yard 1.5m. 6) Shed 2 Maximum building height 2.5m. Letters of objection with requests for decision were received from Lorenzo & Carmela D Alessandro, 113 Woodgreen Drive, Woodbridge, Ontario, L4L 3B2; and Dominic & Angela Zeno, 109 Woodgreen Drive, Woodbridge, Ontario, L4L 3B2. An in objection was received from Alfio Pasquarelli, 90 Calgary Gardens, Woodbridge, Ontario, L4L 8B3. Loreto Perruzza, appeared and had nothing to add to the request. Angela Zeno, 109 Woodgreen Drive, appeared in opposition, reiterating her letter on file. Peter Accardo, 78 Calgary Gardens, Woodbridge, Ontario, L4L 8B3 spoke in support and submitted a letter stating so. Mr. Perruzza stood back up to the podium and submitted a letter of support from GiovanniLuca Abate, 101 Woodgreen Drive, Woodbridge, Ontario, L4L 3B2. The Committee asked Mr. Perruzza what the two sheds were being used for and if the side yard shed could be moved. Mr. Perruzza answered that the rear yard shed was for the pool and the side yard shed was for storage. He Page 3 of 16

4 explained that moving that shed would be difficult as there was no access to move it. No one else appeared in support of or in opposition to the request, Seconded by J. Cesario THAT Application No. A140/11 - LORETO & MARIDA PERRUZZA, be APPROVED, in accordance with the sketches attached, CARRIED Item # 4. FILE NUMBER: A141/11 LEON AND SHERRYL STEINER Part of Lot 27, Concession 1, (Lot 93, Registered Plan 65M-2941, municipally known as 49 Theodore Place, Thornhill). The subject lands are zoned R3, Residential, under By-law 1-88 subject to Exception 9(468) as amended. To permit the construction of a proposed rear yard deck, attached to an existing twostorey plus loft, single family detached dwelling with the garage attached. 1. Minimum rear yard setback to uncovered deck = 4.98m REQUIREMENT: 1. Minimum rear yard setback to uncovered deck = 5.7m Sherryl Steiner, the owner, appeared and had nothing to add to the request. No one appeared in support of or in opposition to the request, Seconded by M. Mauti THAT the Committee is of the opinion that the variance sought can be considered minor and is desirable for THAT Application No. A141/11, LEON AND SHERRYL STEINER, be APPROVED, in accordance with the attached sketch. CARRIED Item # 5. FILE NUMBER: A142/ ONTARIO INC. C/O LEZLIE PHILLIPS Part of Lot 6, Concession 2, (Block 5, Registered Plan No. 65M-3872, municipally known as 75, 85 & 95 North Park Road, Thornhill). The subject lands are zoned RA3, Apartment Residential Zone, subject to Exception 9(1153), under By-law 1-88, as amended. To permit the proposed construction of three residential condominium buildings and to reduce the required parking per unit. To permit a minimum of 1.2 parking spaces per unit (1.05 spaces/unit for residents plus 0.15 spaces/unit for visitors). Total number of proposed parking spaces = 597. A minimum of 1.28 parking spaces per unit (1.1 spaces/unit for residents plus 0.18 spaces/unit for visitors) are required. Total number of required parking spaces = 637. BACKGROUND Other Planning Act Applications Page 4 of 16

5 INFORMATION: The land which is the subject in this application was also the subject of another application under the Planning Act: Minor Variance Application A198/03 - APPROVED Oct 16/03. Min. parking spaces, interior side yard and rear yard setback, outdoor parking area and exterior stairs requirement Site Development Application DA APPROVED September 22, Wayne Long, appeared as the authorized agent and had nothing to add to the request. The Development Planning representative advised that the application needs to be adjourned for further discussion to take place between the applicant and the Planning and Engineering Departments. It was agreed by all parties to adjourn the application to the July 7, 2011 meeting. Seconded by H. Zheng THAT Application No. A142/ ONTARIO INC. C/O LEZLIE PHILLIPS, be ADJOURNED, to the JULY 7, 2011 MEETING. Item # 6. FILE NUMBER: A143/11 DUFFERIN CONTWO INVESTMENTS LTD. Part of Lot 14, Concession 2, (Block 286, Registered Plan No. 65M-3906, municipally located on the northeast corner of Dufferin Street and Autumn Hill Blvd., Thornhill). The subject lands are zoned C3, Local Commercial Zone, under By-law 1-88 subject to Exception 9(1063) as amended. The applicant is requesting variances to permit the construction of a commercial (retail) plaza as follows: 1. Minimum rear yard setback (East, Landwood Ave.) = 5.85m 2. Minimum interior side yard setback (North) = 4.0m 3. Exterior side yard setback (Autumn Hill Blvd.) = 3.0m 4. Minimum setback from a residential zone = 4.0m 5. Minimum required parking ( m2.) = 72 including two handicap spaces. 6. Maximum driveway width (Dufferin St.) = 9.0m 7a Minimum landscape strip abutting Dufferin St. = 3.0m b Minimum landscape strip abutting Autumn Hill Blvd., = 3.0m c Minimum landscape strip abutting Landwood Ave. = 5.85m BACKGROUND : 1. Minimum rear yard setback (East, Landwood Ave.) = 9.0m 2. Minimum interior side yard setback (North) =9.0m 3. Exterior side yard setback (Autumn Hill Blvd.) = 11.0m 4. Minimum setback from a residential zone = 9.0m 5. Minimum required parking 6/100m2g.f.a.) = 93 including one handicap space. 6. Maximum driveway width (Dufferin St.) = 7.5m 7. Minimum landscape strip abutting a street line = 6.0m The land which is subject to this application was also the subject of another application under the Planning Act: Site Plan Application DA (Second submission under review) Kim Kovar appeared as the authorized agent and gave a brief submission referring to a parking report. There were a number of residents in opposition to the request. After a brief discussion, it was agreed by all parties to stand down the application to allow time for the agent to speak with the residents about their concerns. Page 5 of 16

6 THAT Application No. A143/11 - DUFFERIN CONTWO INVESTMENTS LTD., be STOOD DOWN, to allow the agent time to discuss the neighbors concerns. Item # 7. FILE NUMBER: A144/11 SERGEY AND VERA RAKHINSKIY Part of Lot 18, Concession 4, (Part 1 & 2 of 65R-2026, municipally known as 9696 Keele Street, Maple). The subject lands are zoned R1, Residential Zone One under By-law 1-88 as amended. To permit the proposed construction of a second floor addition to an existing single family detached dwelling with the garage attached. To permit a side yard setback of 0.4 metres. A minimum side yard setback of 1.5 metres. Sergey Rakhinskiy, the owner, appeared and had nothing to add to the request. The Committee advised that the application be adjourned in order for the applicant to contact Heritage Vaughan and the Development Planning Departments with respect to their comments, regarding obtaining a Heritage permit. Seconded by H. Zheng THAT Application No. A144/11 SERGEY AND VERA RAKHINSKIY, be ADJOURNED, to the JULY 21, 2011 MEETING. CARRIED Item # 8. FILE NUMBER: A145/11 CESARE & ANNA MARIA TEODORO Part of Lot 8, Concession 6, (Lot 73, Registered Plan No. 65M-2490, municipally known as 102 Romano Cres., Woodbridge). The subject lands are zoned R3, Residential under By-Law 1-88 as amended and further subject to exception 9(476). The applicants are requesting variances to permit the construction of a sun shelter, and the maintenance of the existing chimney, air conditioner and shed as follows: 1. Chimney sideyard setback 0.88m minimum. 2. AC sideyard setback 0.45m minimum. 3. Shed interior sideyard setback 0.6m minimum. 4. Shed rear yard setback 0.6m minimum. 5. Shed area 10m 2 maximum. 6. Sun Shelter height 2.8m maximum. 7. Sun Shelter area 17.84m 2 maximum. 8. Sun Shelter rear yard setback 3m minimum. 1. Chimney sideyard setback 1.2m minimum. 2. AC sideyard setback 1.2m minimum. 3. Shed interior sideyard setback 1.2m minimum. 4. Shed rear yard setback 7.5m minimum. 5. Shed area 8m 2 maximum. 6. Sun Shelter height 2.5m maximum. 7. Sun Shelter area 8m 2 maximum. 8. Sun Shelter rear yard setback 7.5m minimum. Page 6 of 16

7 Cesare Teodoro, appeared and had nothing to add to the request. Roger Bellio, 106 Romano Crescent, Woodbridge, Ontario, L4L 7M7, appeared in opposition. No one else appeared in support of or in opposition to the request. THAT Application No. A145/11 - CESARE & ANNA MARIA TEODORO, be APPROVED, in accordance with the sketch attached. Item # 9. FILE NUMBER: A146/11 PETER & MIRIAM SHELL Part of Lot 29, Concession 1, (Lot 58, Registered Plan 3715, municipally known as 261 Arnold Avenue, Thornhill). The subject lands are zoned R1V, Residential, subject to Exception 9(662), under Bylaw 1-88, as amended. To permit the proposed construction of a two storey single family detached dwelling with garage attached and the proposed construction of a cabana 1. To permit a maximum lot coverage of 23% (20.93% for dwelling and 2% for cabana). 2. To permit a maximum height of m for the proposed dwelling (to top of mansard roof). 3. To permit a cabana with a maximum height of 5.0 m. 4. To permit a cabana with a minimum rear yard setback of 1.52 m. 5. To permit a cabana with a maximum floor area of 33.1 m A maximum lot coverage of 20% is permitted. 2. A maximum height of 9.5 m is permitted (to the highest point on the roof surface). 3. A maximum height of 4.5 m is permitted for an accessory structure. 4. A minimum rear yard setback of 9.0m is required for accessory structures exceeding 10 m A maximum floor area of 10 m 2 is permitted for an accessory structure. BACKGROUND INFORMATION: Other Planning Act Applications The land which is the subject in this application was also the subject of another application under the Planning Act: Minor Variance Application A147/10 - APPROVED July 8/10. Min. rear front yard 14.0m, min. interior side yard 1.5m, max. bldg height 11.0m, lot coverage 22%. On June 9, 2011, a letter of opposition was received from J. Murdryk, 566 Spring Gate Blvd., Thornhill, Ontario, L4J 5B6. On June 9, 2011, a request for decision was received from Meir & Dalia Gabay, 556 Spring Gate Blvd., Thornhill, Ontario, L4J 5B6. On June 15, 2011, a letter of opposition was received from Alyssa & Dr. Sheldon Hershkop, 562 Spring Gate Blvd., Thornhill, Ontario, L4J. 5B6. Gil Shcolyar appeared as the agent and had nothing to add to the request. The Committee suggested that the height of the proposed dwelling be reduced. After a brief discussion with the Building Standards Department and Development Planning representatives, it was agreed by all parties to adjourn the application to the July 7, 2011 meeting, in order for the applicant to revise the application and allow time for the departments to review it. Seconded by H. Zheng THAT Application No. A146/11 PETER & MIRIAM SHELL, be ADJOURNED, to the JULY 7, 2011 MEETING. Page 7 of 16

8 Item # 10. FILE NUMBER: A148/11 SANDRA & DANIEL PIRILLO Part of Lot 25, Concession 4, (Lot 39, Registered Plan No. 65M-3132, municipally known as 326 Ashton Drive, Maple). The subject lands are zoned R3, Residential Zone Three and subject to the provisions of Exception 9(944) under By-law 1-88 as amended. The applicants are requesting variances to permit the construction of a pool, and the maintenance of an existing cabana and deck as follows: 1. To permit a pool in the side yard. 2. To permit a minimum setback of 1.0 metres from an OS1 Zone to an accessory structure (gazebo). 3. To permit a minimum setback of 7.0 metres from an OS1 Zone to a deck. 1. A pool shall be located entirely in the rear yard. 2. A minimum setback of 10.0 metres is required from an OS1 zone. 3. A minimum setback of 10.0 metres is required from an OS1 Zone. Letters in support of the application were signed by the following residents; Joao Carvalho, 340 Ashton Drive, Maple, Ontario, L6A 2S1; John & Franca Bernardo, 344 Ashton Drive, Maple, Ontario, L6A 2S1; Imram Latie, 1 Willowtree Street, Maple, Ontario, L6A 2S1; Tony & Antoinette Marziliano, 2 Willow Tree Street, Maple, Ontario, L6A 2S2; Mr. Ernesto, 3 Willow Tree Street, Maple, Ontario, L6A 2S2; Matthew Ascenzi & Mike Fedrigoni, 6 Willow Tree Street, Maple, Ontario, L6A 2S2; George Tsimenidis, 7 Willow Tree Street, Maple, Ontario, L6A 2S2; Ken & Connie R, 336 Ashton Drive, Maple, Ontario, L6A 2S1. Dino Moscardelli appeared as the authorized agent and had nothing to add to the request. No one appeared in support of or in opposition to the request, and any conditions are listed below. Seconded by H. Zheng THAT Application No. A148/11 - SANDRA & DANIEL PIRILLO, be APPROVED, in accordance with the sketch attached, subject to the following conditions; 1. That the applicant submit the variance application fee of $360 payable to the Toronto & Region Conservation Authority, if required, to the satisfaction of the Toronto & Region Conservation Authority; 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.) Item # 11. FILE NO. A149/11 SHAREWELL INVESTMENTS INC. Part of Lot 20, Concession 3, (municipally known as 9929 Keele Street, Maple). The subject lands are zoned C1,Restricted Commercial Zone and subject to the provisions of Exception 9(157) under By-law 1-88 as amended. To permit the construction of a proposed pet groomer within Building A. 1. Pet groomer to be permitted. REQUIREMENT: 1. Pet groomer is not permitted. Page 8 of 16

9 BACKGROUND INFORMATION: Other Planning Act Applications The land which is the subject in this application was also the subject of another application under the Planning Act: Consent Application B031/08 APPROVED Sept 25/08 (ADDITION to the lands to the NORTH) Certificate issued March 10/09 B049/06 APPROVED July 20/06 (ADDITION to the lands to the NORTH) Certificate issued July 24/07 Minor Variance A193/10 APPROVED Sept 16/10 To permit a veterinary clinic A213/08 APPROVED Sept 25/08 To facilitate B031/08 for the continued construction of a three storey, thirty unit, residential condominium building (Variance: minimum front yard setback of 1.4 metres) Site Plan Application DA APPROVED Jun 19/06 (Committee of the Whole) Zoning By-law Amendment Z APPROVED Jun 19/06 (Committee of the Whole) Official Plan Amendment OP APPROVED Jun 19/06 (Committee of the Whole) Lisa Di Clemente appeared as the authorized agent and had nothing to add to the request. THAT Application Nos. A149/11 SHAREWELL INVESTMENTS INC., be APPROVED. in accordance with the attached sketch. Item # 12. FILE NO. A150/11 LISE AND PAUL SCOURTOUDIS Part of Lot 23, Concession 5, (Lot 5, Registered Plan 65M-3898, municipally known as 2 Tiana Court, Woodbridge). The subject lands are zoned RD3, Residential Detached Zone Three and subject to the provisions of Exception 9(1223) under By-law 1-88 as amended. To permit the maintenance of an existing shed and air conditioning unit. 1. To permit an accessory structure (shed) in the exterior side yard. 2. To permit an exterior side yard setback of 1.03 metres to an accessory structure (shed). 3. To permit an interior side yard setback of 0.3 metres to an A/C unit. 1. An accessory structure shall be located in the rear yard. REQUIREMENT: 2. A minimum exterior side yard setback of 4.5 metres is required to an accessory structure. 3. A minimum interior side yard setback of 1.2 metres is required to an A/C unit. Paul Scourtoudis Jr. appeared as the authorized agent and had nothing to add to the request. Seconded by H. Zheng THAT Application Nos. A150/11 LISE AND PAUL SCOURTOUDIS, be APPROVED. in accordance with the attached sketch. Page 9 of 16

10 Item # 13. FILE NO. A151/ ONTARIO LTD. Part of Lot 5, Concession 8, (Lot 4, Registered Plan No. 65M-2464, municipally known as 7635 Martin Grove Road, Woodbridge). The subject lands are zoned C2 General Commercial Zone, subject to the provisions of Exception Number 9(854) under By-Law 1-88 as amended. The applicant is requesting a variance to permit the construction (renovations) to an existing car dealership as follows: 1. To permit a minimum front yard setback of 10.3 metres to a portion of the building. BACKGROUND : No one appeared. 1. A minimum front yard setback of 12.0 metres is required to the building. The land which is subject to this application was also the subject of another application under the Planning Act: Consent File Nos. B014/06, B015/06 Approved Feb. 9/06 - Files Lapsed Minor Variance File Nos. A046/06, A047/06 Approved Feb. 9/06 Files Lapsed Site Plan Application DA In progress THAT Application No. A151/ ONTARIO LTD., be STOOD DOWN, to allow time for the agent to arrive. Item # 14. FILE NO. A152/11 SANDRA & CARLO DE MARIA Part of Lot 27, Concession 2, (Lot 23, Registered Plan M-1732, municipally known as 211 Woodland Acres Crescent, Maple). The subject lands are zoned RR, Rural Residential, under By-law 1-88 subject to Exception 9(173) as amended. To permit the construction of a proposed shed. 1. Minimum interior side yard setback for accessory structure =.91m 2. Accessory building shall be located partially outside of the rear yard. REQUIREMENT: 1. Minimum interior side yard setback for accessory structure = 4.5m 2. Any accessory building or structure shall be located in the rear yard. Sandra De Maria, the owner, appeared and had nothing to add to the request. No one appeared in support of or in opposition to the request, and any conditions are listed below. MOVED by H. Zheng THAT Application Nos. A152/11 CARLO AND SANDRA DE MARIA, be APPROVED. in accordance with the attached sketch, subject to the following conditions; 1. That a revision to the existing building permit, showing the proposed location of the accessory structure, must be submitted to the Building Standards Department, if required; 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 10 of 16

11 Item # 15. COMMITTEE OF ADJUSTMENT MINUTES THURSDAY, JUNE 16, 2011 FILE NO. A153/11 FERN & RYAN NISKER Part of Lot 12, Concession 2, (Lot 317, Registered Plan No. 65M-3757, municipally known as 63 Morisot Avenue, Thornhill). The subject lands are zoned RV3(WS), Residential, subject to Exception 9(1063), under By-law 1-88, as amended. The applicants are requesting variances to permit the construction of a pool, pool equipment and air conditioner as follows: 1. To permit a minimum interior side yard setback of 1.2 m to a swimming pool. 2. To permit a minimum rear yard setback of 1.2 m to a swimming pool. 3. To permit a minimum interior side yard setback of 0.30 to pool equipment. 4. To permit a minimum interior side yard setback of 0.30 to an A/C unit. 1. A minimum interior side yard setback of 1.5 m is required to a swimming pool. 2. A minimum rear yard setback of 1.5 m is required to a swimming pool. 3. A minimum interior side yard setback of 1.2 m is required to pool equipment. 4. A minimum interior side yard setback of 1.2 m is required to an A/C unit. On June 9, 2011, a letter of opposition and request for decision was received from Dinh Dao Dong and Le Diane Thieu, 472 Summeridge Drive, Thornhill, Ontario, L4J 9H9. Raymond Robertson appeared as the authorized agent and had nothing to add to the request. No one appeared in support of or in opposition to the request, and any conditions are listed below. MOVED by H. Zheng THAT Application Nos. A153/11 FERN & RYAN NISKER, be APPROVED. in accordance with the attached sketches, subject to the following conditions; 1. That the air conditioning unit be elevated, to the satisfaction of the Development/Transportation Engineering Department; 2. That a minimum side yard of 0.6m is provided to the concrete pad of the pool equipment, if required, to the satisfaction of the Development/Transportation Engineering Department; 3. 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.) Item # 16. FILE NO. A154/11 ALFONSO & YVONNE CASCIATO Part of Lot 27, Concession 8, (Lot 149, Registered Plan No. 65M-3895, municipally known as 16 Springrain Court, Kleinburg). The subject lands are zoned R1, Residential under By-Law 1-88 as amended and further subject to exception 9(1162). The applicants are requesting variances to permit the maintenance of an existing air conditioner, pool equipment and cabana as follows: 1. Minimum 0.8m interior side yard setback to AC unit and pool equipment. 2. Minimum rear yard setback 0.9m. 3. Minimum interior sideyard setback 0.8m. 4. Maximum shed height 3.56m. Page 11 of 16

12 1. Minimum 1.2m interior side yard setback to AC unit and pool equipment. 2. Minimum rear yard setback 7.5m. 3. Minimum interior sideyard setback 1.5m. 4. Maximum shed height 2.5m. Harold Gerlach appeared as the authorized agent and had nothing to add to the request. Seconded by M. Mauti THAT Application Nos. A154/11 ALFONSO & YVONNE CASCIATO, be APPROVED. in accordance with the attached sketches. Item # 17. FILE NO. A155/11 REQUIREMENT: RULAND PROPERTIES INC. Part of Lot 8, Concession 5, (Block 2, Registered Plan No. 65M-3606, municipally known as 610 and 612 Applewood Crescent, Concord). The subject lands are zoned EM1, Prestige Employment Area and subject to the provisions of Exception 9(1109) under By-law 1-88 as amended. To permit the continued construction of a proposed six-storey industrial building (Building C ) and the maintenance of an existing eight-storey industrial building (Building A ). 1. To permit a total of 373 parking spaces. 1. A minimum of 424 parking spaces are required. Matthew Gisini appeared as the authorized agent and had nothing to add to the request. The Committee noted that revised comments were received from the Building Standards and Development Planning Department, in support of the application. No one appeared in support of or in opposition to the request, and any conditions are listed below. THAT Application Nos. A155/11 RULAND PROPERTIES INC., be APPROVED. in accordance with the attached sketches, subject to the following conditions; 1. That the applicant submit the variance application fee of $360 payable to the Toronto & Region Conservation Authority, if required, to the satisfaction of the Toronto & Region Conservation Authority; 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 12 of 16

13 Item # 18. COMMITTEE OF ADJUSTMENT MINUTES THURSDAY, JUNE 16, 2011 FILE NO. A156/11 ANTHONY MARSON Part of Lot 16, Concession 2, (Block 129C, Registered Plan No. 65M-3917, municipally known as 85 Cook s Mill Crescent, Thornhill). The subject lands are zoned RD1, Residential Detached Zone One, under By-law 1-88 subject to Exception 9(1217) as amended. To permit the continued construction of a proposed two-storey single family detached dwelling with the garage attached. 1. Maximum Interior Garage Width = 6.75m REQUIREMENT: BACKGROUND INFORMATION: 1. Maximum Interior Garage Width = 3.04m Other Planning Act Applications The land which is the subject in this application was also the subject of another application under the Planning Act: A198/10 Approved Dec 16/10 To permit a max. int. garage dimension of 5.5m X 6.0m. Fred Nicolucci appeared as the authorized agent and had nothing to add to the request. THAT Application No. A156/11 ANTHONY MARSON, be APPROVED. in accordance with the attached sketches. Item # 19. FILE NO. A157/11 JOSEPH AND ANNE-MARIE BIANCHI Part of Lot 19, Concession 3, (Lot 20, Registered Plan 2407, municipally known as 33 Leith Court, Maple). The subject lands are zoned R3, Residential Zone Three and subject to the provisions of Exception 9(495) under By-law 1-88 as amended. To permit the maintenance of an existing rear yard deck and shed. 1. To permit a rear yard setback of 4.8 metres to a deck. 2. To permit a side yard setback of 1.0 metres to a deck. 3. To permit a side yard setback of 0.1 metres to an accessory structure (shed). 1. A minimum rear yard setback of 7.2 metres is required to a deck. 2. A minimum side yard setback of 1.2 metres is requires to a deck. 3. A minimum side yard setback of 0.6 metres is required to an accessory structure. On June 13, 2011, the applicant submitted photos of the existing shed and two letters of support signed by Frank Falcone, 37 Leith Court, Maple, Ontario, L6A 1H4 and Jim Babrikis, 98 Marlott Road, Maple, Ontario, L6A 1H3. On June 16, 2011, the Development Planning Department sent comments in support of Variance #1 & 2, and not in support of Variance # 3. Joseph & Anne-Marie Bianchi, the owners, appeared and had nothing to add to the request. Seconded by M. Mauti Page 13 of 16

14 THAT Application No. A157/11 JOSEPH AND ANNE-MARIE BIANCHI, be APPROVED. in accordance with the attached sketches. Item # 20. FILE NO. A158/11 ORALIA DI LUCA Part of Lot 18, Concession 5, (Lot 121, Registered Plan 65M-3391, municipally known as 23 Oland Drive, Woodbridge). The subject lands are zoned RV4, (WS) Residential. under By-Law 1-88 as amended and further subject to Exception 9(1019). To permit the maintenance of an existing shed. 1. Size of an accessory building 9.05m 2 2. Maximum height of accessory building Minimum setback to air condition unit 0.23m REQUIREMENT: 1. Maximum size of accessory building 8m 2 2. Maximum height of accessory building 2.5m 3. Minimum setback to air condition unit 1.2m Letters in support of the application were submitted by the applicant and signed by the following residents; Ottardio Iacopini, 27 Oland Drive, Woodbridge, Ontario, L4H 2H3; Sam Aiello, 19 Oland Drive, Woodbridge, Ontario, L4H 2H3; L. Chiappetta, 22 Tacc Trail, Woodbridge, Ontario, L4H 2H3. Revised comments in support of the application were received from the Development / Transportation Engineering Department on June 15, Elio Di Luca appeared as the authorized agent and had nothing to add to the request. Seconded by M. Mauti THAT Application No. A158/11 ORALIA DI LUCA, be APPROVED. in accordance with the attached sketches. Item # 21. FILE NO. A160/11 REQUIREMENT: MARC MANDEL & MICHAL HAREL Part of Lot 13, Concession 2, (Lot 19, Registered Plan 65M-3619, municipally known as 73 Chopin Blvd, Thornhill). The subject lands are zoned RV3, Residential Urban Village Zone Three, under Bylaw 1-88 as amended. To permit the construction of a proposed cabana and gazebo. 1. Accessory structures to be located in the interior side yard (east side). 2. Maximum height, both accessory structures = 3.04m (both structures) 3. Minimum interior side yard setback =.6m (both structures) 4. Maximum area for 1 accessory structure = 9.10m 2 1. Accessory structures to be located in rear yard only. 2. Maximum height, both accessory structures = 2.5m 3. Minimum interior side yard setback = 1.2m 4. Maximum area for 1 accessory structure = 8m 2 Page 14 of 16

15 A petition of support was received on May 17, 2011 and signed by the following residents; Janna Dusang, 67 Chopin Blvd., Thornhill, Ontario, L4J 8Y5; Craig Kibel, 75 Chopin Blvd., Thornhill, Ontario, L4J 8Y5; P. Galin, 71 Chopin Blvd., Thornhill, Ontario, L4J 8Y5; William Mardel appeared as the authorized agent and had nothing to add to the request. No one appeared in support of or in opposition to the request, and any conditions are listed below. Seconded by H. Zheng THAT Application No. A160/11 MARC MANDEL AND MICHAL HAREL, be APPROVED. in accordance with the attached sketches, subject to the following conditions; 1. That a Building permit is required for the structure exceeding 10m 2, if required, to the satisfaction of the Building Standard Department; 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.) ITEM # 21 PREVIOUSLY STOOD DOWN FILE NO. A151/ ONTARIO LTD. Part of Lot 5, Concession 8, (Lot 4, Registered Plan No. 65M-2464, municipally known as 7635 Martin Grove Road, Woodbridge). No one appeared. No one appeared in support or opposition to the request. The Committee agreed to adjourn the application to the July 7, 2011 meeting. THAT Application Nos. A151/ ONTARIO LTD., be ADJOURNED, to the JULY 7, 2011 MEETING. ITEM # 14 PREVIOUSLY STOOD DOWN FILE NUMBER: A143/11 DUFFERIN CONTWO INVESTMENTS LTD. Part of Lot 14, Concession 2, (Block 286, Registered Plan No. 65M-3906, municipally located on the northeast corner of Dufferin Street and Autumn Hill Blvd., Thornhill). Kim Kovar stood back up to the podium and advised the Committee that after speaking with the residents, that although there was a proposed 4.0m setback on the north side of the property, there would be no doors at the back of the stores and that there would be appropriate screening. The resident from 7 Westolivia Trail, Thornhill, Ontario, L4J 0C1 spoke in opposition to the application. As requested by the Committee, the Building Standards representative explained that the issues of landscaping, driveway and parking were approved thru Site Plan. The Development Planning representative advised the final ratification for Site Plan was scheduled for June 28, M. Mauti suggested residents to put their concerns in writing and submit them to the Committee of the Whole. Page 15 of 16

16 Jay Chen, 15 Westolivia Trail, Thornhill, Ontario, L4J 0C1, spoke in opposition. David Eckler, the architect, advised that the Development Planning Department agreed that the parking was tight and that there was no extra space for a larger buffer area. They agreed that very dense plantings would be made. The proposed garbage room would have its own ventilation system and that that door would only be opened for pickup. Melissa, representing a relative, stated that the City should protect the rights of it s residents, and plaza is too large. Seconded by H. Zheng THAT Application Nos. A143/11 DUFFERIN CONTWO INVESTMENTS LTD., be APPROVED, in accordance with the sketch attached, OTHER BUSINESS: NONE MOTION TO ADJOURN Seconded by H. Zheng THAT the meeting of Committee of Adjustment be adjourned at 7:38 p.m., and the next regular meeting will be held on JULY 7, Page 16 of 16