The Minutes of the 11th Meeting of the Vaughan Committee of Adjustment for the year 1999 Thursday JUNE 24, 1999

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1 The Minutes of the 11th Meeting of the Vaughan Committee of Adjustment for the year 1999 Thursday JUNE 24, 1999 Present at the meeting were: 6:00 p.m. M. Mauti T. De Cicco L. Fluxgold K. Hakoda S. Perrella Members of Staff present: Dianne E.L. Grout, Secretary-Treasurer Anne Markovsky, Assistant Secretary-Treasurer Bianca Bielski, Manager, Development Planning (only for the first two items) Glenn White, Planner Frank De Francesco, Plans Examiner INTRODUCTION OF ADDENDUM REPORTS That the addendum reports be incorporated into the minutes and be on view at the back of the room in the Report Book. CARRIED DISCLOSURE OF PECUNIARY INTEREST T. De Cicco declared a conflict of interest with respect to Item #17, File No. B64/99, CANADIAN PACIFIC RAILWAYS, as he is presently conducting business with Sears. ADOPTION OR CORRECTION OF MINUTES Seconded by T. De Cicco THAT the minutes of the Committee of Adjustment Meeting of June 10, 1999 be adopted as circulated. ADJOURNMENTS AND/OR DEFERRALS Sam Sgotto, the applicant, faxed a letter to the Committee requesting that Item #19, S. SGOTTO, File No. A198/99 be HEARD FIRST on the agenda, as he has a previous commitment. That Item # 19, S. SGOTTO, File No. A198/99, be HEARD FIRST. ADMINISTRATIVE CORRECTIONS None. 1

2 MINOR VARIANCE PUBLIC HEARINGS: 1. FILE NO. A198/99 S. SGOTTO Part Lot 12, Registered Plan No. 65M-2252 (Part of Lot 18, Concession 6), municipally known as 220 Fenyrose Cres. The applicant is requesting a variance to permit the construction of a two storey single family detached dwelling with attached garage, notwithstanding, the maximum building height will be 11.5m, rather than the by-law requires maximum building height of 9.5m. By-law 1-88 zones this parcel RR" Rural Residential. S. Sgotto, the applicant appeared and gave a brief submission regarding the request. Letters of support were received from the following: Mrs. Angie Degasperis, 186 Pine Valley Cres., Woodbridge, Ontario, L4L 2W5, Sandra Macri, 181 Fenyrose Cres., Woodbridge, Ontario, L4L 7B1, Anthony Petrozza, 230 Fenyrose Cres., Woodbridge, Ontario, L4L 7B1, Gioconda Zamparo, 206 Pine Valley Cres., Woodbridge, Ontario, L4L 2W5. There was no one else in attendance either in support of or opposition to the request. There were no objections from any Departments or Agencies and any conditions requested are listed below. The Committee is of the opinion that the variance sought can be considered minor and is desirable for the appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will be maintained. MOVED by T. De Cicco Seconded by S. Perrella THAT Application No. A198/99, S. SGOTTO, be APPROVED, subject to the following conditions: 1. That the variance for the increase in maximum building height is conditional upon the property being constructed in accordance with the requested variance as shown on the attached sketch forming part of this application, to the satisfaction of the Building Standards Department. 2. That if the condition listed above is not fulfilled within twelve (12) months of the date this CONSENT PUBLIC HEARING: 2. FILE NO. B50/99 MARISA CUNDARI It should be noted that Application No. B50/99, was originally adjourned by the Committee of Adjustment on May 13 and May 27, 1999, at the agent s request, in order to resolve issues with City Departments and Agencies. CONSENT PUBLIC HEARING: 2

3 Lot 7, Registered Plan 65M-3126, (Part of Lot 31, Concession 8), municipally known as 80 Orico Court. The purpose of this application is to request the consent of the Committee of Adjustment to convey a parcel of land marked A for residential purposes, and retain the lands marked B for residential purposes. Both the subject and retained lands are vacant. By-law 1-88 zones both the subject and the retained lands, RR Rural Residential. A petition in opposition was received from the following: Vladimiro Ugolini, 38 Orico Court, Kleinburg, Ontario, L9J 1C0, Marisa Malfara, 59 Orico Court, Kleinburg, Ontario, L0J 1C0, Camillo Resciniti, 56 Orico Court, Kleinburg, Ontario, L0J 1C0, Michael Dimuccio, 111 Belsite Court, Kleinburg, Ontario, L0J 1C0, Hans and Joan Juffemanns, 117 Belsite Court, Kleinburg, Ontario, L0J 1C0, Mario and Paula Crognale, 86 Belsite Court, Kleinburg, Ontario, L0j1C0, Aleksander Stojanovic, 15 Belsite Court, Kleinburg, Ontario, L0J 1C0, Hana Nissan, 43 Belsite Court, Kleinburg, Ontario, L0J 1C0, Aldo Morabito, 70 Belsite Court, Kleinburg, Ontario, L0J 1C0, L. Barone, 56 Belsite Court, Kleinburg, Ontario, L0J 1C0, Davide Stangjieri, 25 Orico Court, Kleinburg, Ontario, L0J 1C0, Carmelo Castiglione, 31 Belsite Court, Kleinburg, Ontario, L0J 1C0, Peter Andreacchi, 91 Belsite Court, Kleinburg, Ontario, L0J 1C0, Pino Basso, 20 Belsite Court, Kleinburg, Ontario, L0J 1C0, Agostino Pasquarelli, 39 Orico Court, Kleinburg, Ontario, L0J 1C0. John M. Alati, Davies Howe Partners, The Fourth Floor, 19 Mercer Street, Toronto, Ontario, M5V 1H2, appeared as legal representative along with agent Len Saplys and gave a submission and his interpretation to the OPA. He stated that both lots will be similar in size, presented a sketch showing how the tree area will be preserved and the septic tanks can be easily accommodated in an appropriate fashion. Committee asked Planning Department for clarification on the OPA 400 regarding Rural Residential zoning, to which staff reiterated their written comments and pointed out the section pertaining to this parcel. The agent commented on the various items listed on the petition, shading effects, view loss, traffic, parking, and wind factor, etc. Camillo Resciniti, 56 Orico Court, Kleinburg, Ontario, L0J 1C0, listed on the petition appeared on behalf of the opposing residents giving their concerns by referring to the letter he submitted, ie. vegetation that will be cut down, changes in drainage, wind factor, septic system, traffic and parking. Michael Dimuccio, 111 Belsite Court, Kleinburg, Ontario, L0J 1C0, also appeared in opposition to the request, and stated the sketch does not accurately represent the location of the trees. The agent addressed the concerns of the neighbours, and stated he felt the opposing neighbours gave concerns, but never really indicated how this would impact their area, and said the preservation of trees/vegetation will be under the control of the TRCA. The estate residential houses will be maintained. There was no one else in attendance either in support of or opposition to the request. CONSENT PUBLIC HEARING: Planning made the following comments: The conveyance of this lot within the planned rural residential subdivision is not desirable for the appropriate 3

4 development or use of the land and does not meet the general intent and purpose of the Official Plan. There were no other objections from any Departments or Agencies. MOVED by T. De Cicco Seconded by S. Perrella THAT Application No. B50/99, MARISA CUNDARI be REFUSED. MINOR VARIANCE PUBLIC HEARINGS: 3. FILE NO. A165/99 NICK & VERA ACCARDO Units 3 & 4, 180 Winges Road, being Lot 2, Registered Plan 65M-2339 (Part of Lot 5, Concession 6). The applicants are requesting permission to permit the use of Units 3 & 4 of a one storey commercial building, as a public garage, rather than the By-law requires that a public garage is not permitted. By-law 1-88 zones this parcel C7" Service Commercial. Jeff Accardo the son of the applicant, appeared and gave a brief submission regarding the request. There was no one in attendance either in support of or in opposition to the request. There were no objections from any Departments or Agencies and any conditions of approval are stated below. The Committee is of the opinion that the permission 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 T. De Cicco THAT Application No. A165/99, NICK & VERA ACCARDO, be APPROVED, subject to the following conditions: 1. That the permission to permit the use of Units 3 & 4 of a one storey commercial building, as a public garage is conditional upon the property being constructed in accordance with the requested variance(s) as shown on the attached sketch forming part of this application, to the satisfaction of the Building Standards Department. 2. That if the condition listed above is not fulfilled within twelve (12) months of the date this CONSENT & MINOR VARIANCES PUBLIC HEARINGS: 4. FILE NOS. B58/99, A170/99 (A & B), A171/99 (A & B), A172/99 (A & B) to G & H. MAPLE HOLDINGS (B58/99, A171/99 (A & B), A172/99 (A & B) 4

5 7. VENTURON DEVELOPMENT (A170/00 (A & B) It should be noted that the above minor variance applications reflect variances for semi-detached dwellings, referred to as A & B. B58/99 - Part of Lots 23 and 24, Concession 5. A170/99 (A & B) - Part of Lot 23 & 24, Concession 5, municipally known as Jane Street. A171/99 (A & B), A172/99 (A & B) - Part of Lot 23 & 24, Concession 5, municipally known as Jane Street. B58/99 - The purpose of the application is to request the consent of the Committee of Adjustment to convey a parcel of land marked "A" as an addition to an existing lot to be taken into the title of the lands to the south for residential purposes, and retain the lands marked B for residential purposes. Both the subject and retained lands are currently vacant. By-law 1-88 zones the subject and retained lands "RVM1 (B)" Residential Urban Village Multiple Zone One. This application was heard in conjunction with Minor Variance Application Nos.: A171/99 (A & B), A172/99 (A & B). A170/99 (A & B) - The applicant is requesting a variance to permit the construction of proposed single family semi-detached dwelling, notwithstanding, the maximum lot frontage for each semidetached dwelling will be 11.0m rather than the by-law requires the maximum lot frontage for each semi-detached dwelling to be 9.0m. A171/99 (A & B), A172/99 (A & B) - The applicant is requesting variances to facilitate the consent of application B58/99 (subject land) to grant an addition in favour of the lands to the south, for the proposed purpose of constructing single family semi-detached dwellings, notwithstanding, the maximum lot frontage for each semi-detached dwelling will be 10.0m, rather than the by-law requires the maximum lot frontage for each semi-detached dwelling to be 9.0m. By-law 1-88 zones these parcels "RVM1 (B)" Residential Urban Village Multiple Zone One. Donna Lue, Venturon Development (Jane) Inc., appeared as the agent on behalf of the applicant and stated she had nothing to add. There was no one in attendance either in support of or in opposition to the request. There were no objections from any Departments or Agencies and any conditions of approval are stated below. CONSENT & MINOR VARIANCES PUBLIC HEARINGS: THAT Application No. B58/99, G. & H. MAPLE HOLDINGS, 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 5

6 Department; (contact Linda Nelson in the Finance Department to have this condition cleared). 2. That the corresponding minor variances application FILE # S A171/99 (A & B), A172/99 (A & B), G. & H. MAPLE HOLDINGS, be approved and be in full force and effect; 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. Prior to the issuance of a building permit, if required, the applicant shall fulfill and comply with all of the above noted consent conditions; 6. 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. 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. A170/99 (A & B), VENTURON DEVELOPMENT (JANE) CORP., be APPROVED, subject to the following conditions: 1. That the variance for the increase in lot frontage for (each semi-detached dwelling), is conditional upon the properties being constructed in accordance with the requested variances as shown on the attached sketches forming part of this application, to the satisfaction of the Building Standards Department; CONSENT & MINOR VARIANCES PUBLIC HEARINGS: 2. That if the condition listed above is not fulfilled within twelve (12) months of the date this 6

7 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. A171/99 (A & B), A172/99 (A & B) - G. & H. MAPLE HOLDINGS, be APPROVED, subject to the following conditions: 1. That the variance for the increase in lot frontage for (each semi-detached dwelling), is conditional upon the properties being constructed in accordance with the requested variances as shown on the attached sketches forming part of this application, to the satisfaction of the Building Standards Department; 2. That the corresponding consent application FILE # B58/99, G. & H. MAPLE HOLDINGS, be approved and be in full force and effect; 3. That if the conditions listed above are not fulfilled within twelve (12) months of the date this CONSENT & MINOR VARIANCE PUBLIC HEARING: 8. FILE NO. B62/99, B63/99, A184/99, A185/99, A186/99 & DOREEN JESSIE TODD 12. Lot 80, Registered Plan 3541 (Part of Lot 6, Concession 2) municipally known as 31 Concord Road. B62/99, B63/99 - The purpose of this application is to request the consent of the Committee of Adjustment to convey a parcel of land marked A for the creation of a new lot for residential purposes, and to retain the land marked B for residential purposes. There is currently a single family dwelling located on the subject and retained lands, which will be demolished. By-law 1-88 zones the subject and retained lands R3" Residential. This Consent application was heard in conjunction with Minor Variance Applications No.: A184/99, A185/99 and A186/99 and Consent Application No. B63/99. A184/99, A185/99, A186/99 - The applicant is requesting variances to permit the construction of three (3), two storey, single family, detached dwellings with attached garages, notwithstanding; A184/99 - will have a lot depth of 30.47m, a front yard setback of 7.5m, and the lot coverage will be 35%, CONSENT & MINOR VARIANCE PUBLIC HEARING: A185/99 and A186/99 - will have a lot depth of 30.48m, a front yard setback of 7.5m, and the lot 7

8 coverage will be 35%, rather than the By-law requires the minimum lot depth of 35m, the minimum front yard setback of 9m, and the maximum lot coverage of 30%. By-law 1-88 zones this parcel R3 Residential. These Minor Variance Applications were heard in conjunction with Consent Applications B62/99 and B63/99. Fabian Papa, appeared as the agent on behalf of the applicant and stated he had nothing to add. There was no one in attendance either in support of or in opposition to the request. There were no objections from any Departments or Agencies and any conditions requested are listed below. THAT Application Nos : B62/99, B63/99 - DOREEN JESSIE TODD, be APPROVED, subject to the following conditions: 1. That the corresponding minor variance applications, File Nos. A184/99 & A185/99 & A186/99, DOREEN JESSIE TODD, be approved and be in full force and effect, if required, to the satisfaction of the Building Standards Department and Planning Department. 2. That the existing dwelling be demolished, if required, to the satisfaction of the Building Standards Department. 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. 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 and Parks Department. 5. That the applicant pay the applicable local improvement charges, if required, to the satisfaction of the Finance Department. 6. 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). 7. That the owner shall convey 5m x 5m daylight triangle at the corner of Concord Road and Lawrie Avenue, municipal road allowances to the City of Vaughan at no cost and free of charge and encumbrance to the City, if required, to the satisfaction of the Engineering Department. 8. That the owner shall convey 0.3m reserve behind the hypotenuse of the daylight triangle to the City of Vaughan at no cost and free of charge and encumbrance to the City, if required, to the satisfaction of the Engineering Department. 9. That the owner shall arrange to prepare and register a reference plan at his expense for the conveyance of the required road widening and/or 0.3m reserve to the satisfaction of the City of Vaughan, if required, to the satisfaction of the Engineering Department. CONSENT & MINOR VARIANCE PUBLIC HEARING: 10. That a By-law shall be passed dedicating the daylight triangle as public highway to the satisfaction of the Engineering Department and the owner shall pay the cost of the 8

9 registration of the road dedication By-law to the City of Vaughan, Clerks Department, if required, to the satisfaction of the Engineering Department. 11. 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; 12. 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; 13. Prior to the issuance of a building permit, if required, the applicant shall fulfill and comply with all of the above noted consent conditions; 14. 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. 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 Nos : A184/99, A185/99, A186/99 - DOREEN JESSIE TODD, be APPROVED, subject to the following conditions: 1. That the variance for the reduction in lot depth, front yard setback and increase in lot coverage is conditional upon the property being constructed in accordance with the requested variance(s) as shown on the attached sketch forming part of this application, to the satisfaction of the Building Standards Department. 2. That the corresponding consent applications, File Nos. B62/99 & B63/99, DOREEN JESSIE TODD, be approved and be in full force and effect. 3. That if the conditions listed above is not fulfilled within twelve (12) months of the date this It should be noted that T. De Cicco, left the chambers at this time and did not take part nor voted on the following item. 9

10 CONSENT PUBLIC HEARING: 13. FILE NO. B64/99 CANADIAN PACIFIC RAILWAYS Parts 1-3, of Reference Plan 65R-16148, (Part of Lot 16-20, Concession 10), municipally known as 6830 Rutherford Road. The purpose of this application is to request the consent of the Committee of Adjustment to convey a parcel of land marked A for the creation of a new lot for industrial purposes, and retain the lands marked B for industrial purposes (in part). The subject and retained lands are presently vacant (intermodal terminal). There is a proposed industrial building on the subject land. By-law 1-88 zones the subject and retained lands EM1 Prestige Employment Area. A letter and sketches were received from The Planning Partnership, outlining the part that makes reference to the shared access to Highway 50. Scott Burns, The Planning Partnership, 1255 Bay Street, Toronto, Ontario, M5R 2A9, appeared as the agent along with Fern Betel from the same firm, and gave a brief submission regarding the request. There was no one in attendance either in support of or in opposition to the request. There were no objections from any Departments or Agencies and any conditions requested are listed below. THAT Application No. B64/99, CANADIAN PACIFIC RAILWAY CO., 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 and Parks 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 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 applicant convey a road widening to provide for 18 metres from the centre line of Major Mackenzie Drive, if required, to the satisfaction of the York Region, Transportation and Works Department; CONSENT PUBLIC HEARING: 10

11 5. That the applicant acknowledge in writing that any development will be done in accordance with the National Energy Board and TransCanada PipeLines, if required, to the satisfaction of TransCanada PipeLines. 6. Submission to the Secretary-Treasurer of three (3) white prints of a registered deposited reference plan of survey, showing the subject land which conforms with the application submitted and which shows the dimensions and areas of each part shown on the plan; 7. Upon fulfilling and complying with all of the above-noted conditions, and only if required, the Secretary-Treasurer of the Committee of Adjustment must be provided with three (3) copies of the Transfer/Deed of Land for the subject land to be stamped accordingly; or may provide a Certificate to the Applicant stating the Consent has been given in certain cases; 8. Prior to the issuance of a building permit, if required, the applicant shall fulfill and comply with all of the above noted consent conditions; 9. Pursuant to Section 53(20) of the Planning Act, the applicant shall have a period of one year from the date of the Committee of Adjustment giving Notice of the herein Decision to the Applicant to fulfill and comply with all of the (above-noted) conditions, if required, of Consent, failing which the application for consent shall thereupon deem to be refused; PLEASE NOTE: 1. That the payment of the Regional Development Charge is payable to the City of Vaughan before issuance of a building permit in accordance with the Development Charges Act and the Regional Development Charges By-law in effect at the time of payment. 2. That the payment of the City Development Charge is payable to the City of Vaughan before issuance of a building permit in accordance with the Development Charges Act and the City's Development Charges By-law in effect at the time of payment. 3. That the payment of the Education Development Charge is payable to the City of Vaughan before issuance of a building permit in accordance with the Development Charges Act and the Boards of Education By-laws in effect at the time of payment. It should be noted the T. De Cicco returned to the Council Chambers and took part in the following items. MINOR VARIANCE PUBLIC HEARING: 14. FILE NO. A196/99 SUNDIAL HOMES (MAPLE) LTD. Lot 207, Registered Plan No. 65M-3266, (Part of Lot 22, Concession 5), municipally known as 46 Ferdinand Avenue. The applicant is requesting a variance to permit the continued construction of a two storey single family detached dwelling with attached garage, notwithstanding, the minimum interior side yard setback will be 0.82m, rather than the by-law requires minimum interior side yard setback of 1.20m. By-law 1-88 zones this parcel RV3" (WS) Residential Urban Village Zone Three. MINOR VARIANCE PUBLIC HEARING: 11

12 Dave Hawley, Young & Young Surveying Inc., 385 The West Mall, Suite 400, Etobicoke, Ontario, M9C 1E7, appeared as the agent on behalf of the applicant and gave a brief submission regarding the request. There was no one in attendance either in support of or in opposition to the request. There were no objections from any Departments or Agencies and any conditions requested are listed below. 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. A196/99, SUNDIAL HOME (MAPLE) LTD., be APPROVED, subject to the following conditions: 1. That the variance for the reduction in interior side yard 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 maintenance easement be registered on Lot 208, if required, to the satisfaction of the Building Standards Department; 3. That a revision to the Building Permit No be applied for and issued, if required, to the satisfaction of the Building Standards Department; 4. That if the conditions listed above are not fulfilled within twelve (12) months of the date this 15. FILE NO. A200/99 FRANCO & GIUSEPPINA VERRELLI Lot 275 & Part of Block 1, Registered Plans 65M-2354 & M-1855 respectively, (Part of Lot 9, Concession 6) municipally known as 47 Lucky Court. The applicants are requesting variances to permit the maintenance of an existing wooden shed, accessory to an existing two storey, single family, detached dwelling, notwithstanding, the rear yard setback is 0.6m and the building height is 3.1m, rather than the By-law requires a minimum rear yard setback of 7.5m and a maximum building height of 2.5m. By-law 1-88 zones this parcel R3" Residential. George M. Peter, appeared as the agent on behalf of the applicant, and gave a brief submission regarding the request. He submitted a letter in support and photos showing the location of the shed. The letter of support was from Carlo Uccello, 49 Lucky Court, Woodbridge, Ontario, L4L 5R4. MINOR VARIANCE PUBLIC HEARING: 12

13 There was no one else in attendance either in support of or in opposition to the request. Planning made the following comments: They supported the building height variance, however, questioned the minor nature of the rear yard variance request. There were no other objections from any Departments or Agencies and any conditions requested are listed below. The Committee is of the opinion that the variances sought can be considered minor and are desirable for the appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will be maintained. THAT Application No: A200/99, FRANCO & GIUSEPPINA VERRELLI, be APPROVED, subject to the following conditions: 1. That the applicant provide screening of the shed along the property line, if required, to the satisfaction of the Department of Urban Design and Environment. Note a fence exemption request will require a variance from council. 2. That if the condition listed above is not fulfilled within twelve (12) months of the date this 16. FILE NO. A201/99 NADMARC GROUP INC. Parts 3 & 4, Block 18, Registered Plan No. 65M-2252 (Part of Lot 14, Concession 6), municipally known as 240 Fenyrose Cres. The applicant is requesting a variance to permit the construction of a two storey single family detached dwelling with attached garage, notwithstanding, the building will be located in the OS1 Zone, rather than the by-law requires that no building or structure be located in the OS1 Zone. By-law 1-88 zones this parcel RR" Rural Residential. OS1 Open Space Conservation Zone. Mario Zuccaro, the agent appeared on behalf of the applicant and gave a brief submission regarding the request. He submitted photos and plan of the general area. He also submitted a sketch of the design of the home. The reasons he gave for the encroachment on the Green Space was to allow the home to be uniform with others in the area, with no garage visible. There was no one in attendance either in support of or in opposition to the request. Planning made the following comments: They suggested that the applicant apply to amend the zoning by-law in the future to rezone the lot from the split OS1/RR Zones to RR Zone to reflect the actual use of the lot. The Toronto and Region Conservation Authority cannot support this application as submitted. 13

14 MINOR VARIANCE PUBLIC HEARING: There were no other objections from any Departments or Agencies and any conditions requested are listed below. The Committee is of the opinion that the variance sought can be considered minor and is desirable for the appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will be maintained. MOVED by T. De Cicco Seconded by L. Fluxgold THAT Application No. A201/99, NADMARC GROUP INC., be APPROVED, subject to the following conditions: 1. That the variance for the location of the building in the OS1 Zone, 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 the applicant obtain the approval of the Toronto and Region Conservation Authority; 3. That if the condition listed above is not fulfilled within twelve (12) months of the date this 17. FILE NO. A202/99 CIRO GUCCIARDI Lot 59, Registered Plan No. 65M-1800 (Part of Lot 11, Concession 6), municipally known as 85 Balding Blvd. The applicant is requesting a variance to permit the construction of a one storey addition to an existing two storey dwelling with attached garage, notwithstanding, the maximum lot coverage will be 13%, rather than the by-law requires maximum lot coverage of 10%. By-law 1-88 zones this parcel RR" Rural Residential. Paul W. Masterbroek, appeared as the agent, on behalf of the applicant, however, he passed a note to the Committee explaining that he has come down with laryngitis and is unable to speak. There was no one in attendance either in support of or in opposition to the request. There were no objections from any Departments or Agencies and any conditions requested are listed below. The Committee is of the opinion that the variance sought can be considered minor and is desirable for the appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will be maintained. 14

15 MINOR VARIANCE PUBLIC HEARING: THAT Application No. A202/99, CIRO GUCCIARDI, be APPROVED, subject to the following conditions: 1. That the variance for the increase in lot coverage, is conditional upon the property being constructed in accordance with the requested variance as shown on the attached sketch forming part of this application, to the satisfaction of the Building Standards Department. 2. That if the condition listed above is not fulfilled within twelve (12) months of the date this 18. FILE NO. A203/99 FUTUREMED HEALTH CARE INC. Part of Lot 12, Concession 3, municipally known as 280 Basaltic Road. The applicant is requesting variances to permit the construction of a proposed one-storey rear warehouse addition to an existing one-storey industrial building, notwithstanding, the interior setback will be 4.0m rather than the By-law requires the interior side yard setback to be 6.0m, the rear yard setback will be 4.0m rather than the By-law requires 12.0m, the parking spaces provided will be 34 rather than 49 (as per site plan attached), and the required landscape strip abutting Open Space will be 4.0m rather than 7.5m. By-law 1-88 zones this parcel EM2" General Employment Area. Frank Bellini, appeared as the agent on behalf of the applicant and gave a brief submission regarding the request. Leonard Chazen - Vice President, Futuremed, sent photos and a letter with a list indicating the number of parking space requirements. He stated that they have few visitors and estimate required parking at five per month. Letters in support were received from Larry Wright, Executive Vice President, Multimatic Inc., 85 Valleywood Drive, Markham, Ontario, L3R 5E5, Tony Dimeo, York Auto Repairs, 250 Basaltic Road, Concord, Ontario, L4K 1G6. Planning and Engineering made the following comments: This application is to facilitate an addition to the building which will increase employees requiring parking but the number of spaces is being reduced. They requested a parking study be submitted for staff s approval. There was no one in attendance either in support of or in opposition to the request. There were no other objections from any Departments or Agencies and any conditions requested are listed below. The Committee is of the opinion that the variances sought can be considered minor and are desirable for the appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will be maintained. MOVED by L. Fluxgold 15

16 MINOR VARIANCE PUBLIC HEARING: THAT Application No:A203/99, FUTUREMED HEALTH CARE INC., be APPROVED, subject to the following conditions: 1. That a site plan agreement is to be amended, if required, to the satisfaction of the Building Standards Department. 2. That a building permit is to be issued for the addition, if required, to the satisfaction of the Building Standards Department. 3. That a parking study be submitted, if required, to the satisfaction of the Planning Department and Engineering Department. 4. That the owner shall show the truck manoeuvring on site, if required, to the satisfaction of the Engineering Department. 5. That the owner shall provide driveway access as approved on DAB97.027, if required, to the satisfaction of the Engineering Department. 6. That the owner shall submit revised storm water management report since new addition is proposed on storm bonding areas, if required, to the satisfaction of the Engineering Department. 7. That the applicant plant an 80mm cal. tree every 8m along the building frontages that encroach in the set back for a total of 6 trees, if required, to the satisfaction of the Urban Design and Environment Department. 8. That if the conditions listed above are not fulfilled within twelve (12) months of the date this 9. That the owner receive approval from The Toronto and Region Conservation Authority, if required, to the satisfaction of The Toronto and Region Conservation Authority. 19. FILE NO. A205/99 PATRICIA WEINGARTEN Lot 33, Plan 3977 (Part of Lot 31, Concession 1) municipally known as 368 Centre Street. The applicant is requesting a variance to permit the construction of a pool cabana, accessory to an existing two storey, single family, detached dwelling with attached garage, notwithstanding, the rear yard setback will be 2.44m, rather than the By-law requires a minimum rear yard setback to a structure (larger than 6m²) of 9m. By-law 1-88 zones this parcel R1V" Old Village Residential. Byron Graham, appeared as the agent on behalf of the applicant and submitted photos and landscaping sketch of the area. He also stated that the pool has been placed at that location not to disturb the mature trees, therefore, requiring the cabana be built directly behind it requiring a variance. 16

17 Pamela Zahavy, 8 Erica Road, Thornhill, Ontario, L4J 2G1, appeared in opposition to this request. Her main concern was the noise generated from the cabana as her daughters bedrooms are located close to it. She asked that it be located closer to the pool angled on the side. MINOR VARIANCE PUBLIC HEARING: Terry Goodwin, 22 Thornridge Avenue, Thornhill, Ontario, L4J 1E3, appeared in opposition to this request. His concerns were that this may set a precedent in the area. Committee asked the agent if he would like to have this item stood down, in order for him to have a discussion with the applicant and the residents for a possible amendment. The agent was in agreement to consider this possibility. MOVED by L. Fluxgold seconded by K. Hakoda THAT Item # 24, File No. A205/99 - PATRICIAL WEINGARTEN, be stood down to enable the agent to speak with the applicant and residents. The agent, residents and applicant left the Council Chambers. 20. FILE NO. A206/99 YORK CATHOLIC DISTRICT SCHOOL BOARD Block 155, Block 214 and Block 233, Registered Plans 65M-2318, 65M-2231 and 65M-2218, (Part of Lot 4, Concession 2) municipally known as 475 Brownridge Drive. The applicant is requesting a variance to permit the construction of a one storey addition to an existing one storey, plus mezzanine, school, notwithstanding, the rear yard setback will be 5.25m, rather than the By-law requires a minimum rear yard setback of 7.5m. By-law 1-88 zones this parcel R4" Residential. Barry Richards, appeared as the agent on behalf of the applicant and gave a brief submission. There was no one in attendance either in support of or in opposition to the request. There were no objections from any Departments or Agencies and any conditions requested are listed below. MOVED by K. Hakoda Seconded by S. Perrella The Committee is of the opinion that the variance sought can be considered minor and is desirable for the appropriate development and use of the land. The general intent and purpose of the Bylaw and the Official Plan will be maintained. THAT Application No: A206/99, YORK CATHOLIC DISTRICT SCHOOL BOARD, be APPROVED, subject to the following conditions: 1. That the complex site plan agreement is to be amended, if required, to the satisfaction of the Building Standards Department. 17

18 2. That a building permit is to be issued, if required, to the satisfaction of the Building Standards Department. MINOR VARIANCE PUBLIC HEARING: 3. That if the conditions listed above are not fulfilled within twelve (12) months of the date this 19. FILE NO. A205/99 PATRICIA WEINGARTEN The agent, residents and applicant returned to the Council Chambers to resume the item that was stood down earlier. The agent and applicant returned with a revised sketch showing the amendment as follows: "...the rear yard setback will be 2.44m - NOT.6m There was no one else in attendance either in support of or in opposition to the request. Planning made the following comments: The applicant applied for the construction of a 9.29m 2 cabana with a 0.6m rear yard setback. Since the cabana exceeds the 6.0m 2, the required rear yard setback is 9.0m. Planning questions the minor nature of the rear yard variance. There were no other objections from any Departments or Agencies and any conditions requested are listed below. The Committee is of the opinion that the variance sought can be considered minor and is desirable for the appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will be maintained. MOVED by T. De Cicco THAT Application No: A205/99, PATRICIA WEINGARTEN, be APPROVED, AS AMENDED, subject to the following conditions: 1. That the applicant provide screening of the shed along the property line, if required, to the satisfaction of the Department of Urban Design and Environment. Note a fence exemption request will require a variance from Council. 2. That if the condition listed above is not fulfilled within twelve (12) months of the date this OTHER BUSINESS None. MOTION TO ADJOURN 18

19 MOVED by T. De Cicco Seconded by L. Fluxgold THAT the meeting of Committee of Adjustment be adjourned at 8:30 p.m., and the next regular meeting will be held on July 8,