The Minutes of the 12 th. Meeting of the Vaughan Committee of Adjustment for the year 2006 THURSDAY, JUNE 22, :00p.m.

Transcription

1 The Minutes of the 12 th. Meeting of the Vaughan Committee of Adjustment for the year 2006 THURSDAY, JUNE 22, 2006 Present at the meeting were: 6:00p.m. M. Mauti T. DeCicco M. S. Panicali Members of Staff present: Dianne E. L. Grout, Secretary-Treasurer Anne Markovsky, Assistant to the Secretary-Treasurer Ryan Mino, Planner Gregory Seganfreddo, Plans Examiner INTRODUCTION OF ADDENDUM REPORTS MOVED by M. S. Panicali Seconded by T. DeCicco 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. DeCicco, declared a conflict of interest with respect to Item # s 8 & 9, File Nos. B038/06, B039/06 JRN HOLDINGS INC., ATTEN: ROMAS KARTAVICIUS, as he has business association with the applicant. T. DeCicco, declared a conflict of interest with respect to Item # 19, File No. A242/06 MARUBA INVESTMENTS INC., as he has interest in property across the street. ADOPTION OR CORRECTION OF MINUTES MOVED by M. S. Panicali Seconded by T. DeCicco THAT the minutes of the Committee of Adjustment Meeting of Thursday, June 8, 2006, be adopted as circulated. CARRIED ADJOURNMENTS AND/OR DEFERRALS On June 21, 2006, Peter Lombardi the agent for Item # 6, File No. A200/06 VALERIE DICIANNA, requested that this item be adjourned to the July 20, 2006 meeting, in order to resolve issues with the Planning Department. MOVED by M. S. Panicali Seconded by T. DeCicco Page 1 of 25

2 ADJOURNMENTS AND/OR DEFERRALS Cont d THAT Item # 6, File No A200/06 - VALERIE DICIANNA, be adjourned to the July 20, 2006 meeting. CARRIED ADMINISTRATIVE CORRECTIONS NONE at this time. See Page # 16 for an administrative correction, for File No. A243/ FILE NO.: A221/ ONTARIO INC. (Previously adjourned from the May 25, and June 8, 2006 meetings.) A recap from the previous hearing: On May 25, 2006, a request for a decision was received from Paul Talluri, 30 Clarence Street, Woodbridge, Ontario, L4L 1L3. On May 25, 2006, the Toronto & Region Conservation Authority provided preliminary comments on the subject proposal in which they requested deferral, in order to permit additional time for authority staff to consider the application submitted until the site plan is approved. Part of Lot 7, Concession 7 (Municipally known as 86 Woodbridge Avenue, Woodbridge). PROPOSAL The subject lands are zoned C4, Neighbourhood Commercial Zone under By-law 1-88 as amended. The applicant is requesting variances to permit the construction of a temporary sales pavilion, notwithstanding, the proposed changes to the existing By-Law & current By-Law requirements are as follows: 1. To permit a temporary sales office with a front yard setback of 5.36 metres. 2. To permit a temporary sales office with an exterior side yard setback of 5.16 metres. 1. A front yard setback of 11.0 metres. 2. An exterior yard setback of 11.0 metres. Other Planning Act Applications The land which is the subject in this application was the subject of an application under the Planning Act for: Official Plan Amendment OP APPROVED & ADOPTED by council Zoning By-law Amendment Z APPROVED by council but not enacted. Awaiting Site Plan Minor Variance Applications A006/94 APPROVED Jan 6/94 To permit a Doctor s office use without residing in the same building. On June 20, 2006, a fax was received from the Toronto & Region Conservation Authority, stating they have no objection and added two variances. Page 2 of 25

3 1. FILE NO.: A221/ ONTARIO INC. (Previously adjourned from the May 25, and June 8, 2006 meetings.) Lorenz Schmidt, appeared as the designated agent on behalf of the applicant and gave a brief submission regarding the request. There were no other comments/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 T. DeCicco Seconded by M. S. Panicali THAT Application No. A221/ ONTARIO INC., be APPROVED in accordance with the sketch attached and subject to the following conditions: 1. That the applicant successfully obtain a permit under Ontario Regulation 166/06 (Development, Interference with Wetlands and Alterations to Shorelines and Watercourses) for the development of the proposed temporary sales pavilion, if required, to the satisfaction of the Toronto and Region Conservation Authority; 2. That the proposed temporary sales pavilion be dry flood proofed to the Regional Flood Plain Elevation plus 0.3m freeboard (146.17m), if required, to the satisfaction of the Toronto and Region Conservation Authority; 3. That if the condition(s) listed above is/are not fulfilled and the Building Permit, if required, is not applied for within twelve (12) months of the date this decision becomes final and binding, the said decision shall expire and shall be deemed to have been annulled and rescinded by the Committee.(PLEASE NOTE THAT THIS TIME PERIOD CANNOT BE EXTENDED IN ANY WAY, FAILURE TO MEET THIS DEADLINE WILL RESULT IN REQUIRING A NEW APPLICATION AND FEE.). At this time T. DeCicco, left the Council Chambers as he declared a conflict of interest at the start of the meeting. CONSENT PUBLIC HEARING: 2. FILE NOS.: B038/06, B039/06 & JRN HOLDINGS INC. ATTEN: ROMAS KARTAVICIUS 3. Part of Lot 22 & 23, Concession 5, (Draft Plan of Subdivision 19T-00V09, located on Boticelli Way, East of Weston Road, North of Major Mackenzie, Woodbridge.) PROPOSAL B038/06 - the purpose of this application is to request the consent of the Committee of Adjustment to convey a parcel of land the purpose of an easement in favour of the lands to the SOUTH, (Lot 51 Boticelli Way, Lormel Development Inc. Lands), for residential purposes, and retain the lands for residential purposes. Page 3 of 25

4 CONSENT PUBLIC HEARING: 2. FILE NOS.: B038/06, B039/06 & JRN HOLDINGS INC. ATTEN: ROMAS KARTAVICIUS 3. B039/06 - The purpose of this application is to request the consent of the Committee of Adjustment to convey a parcel of land for the purpose of an easement in favour of the lands to the SOUTH, (Lot 50 Boticelli Way, Lormel Development Inc. Lands), for residential purposes, and retain the lands for residential purposes. The subject lands are zoned RD4, Residential Detached Zone Four, and further subject to Exception 9(1224) under By-law 1-88 as amended. The lands are currently vacant, residential dwellings are proposed. Other Planning Act Applications: Official Plan Amendment Block 33 West APPROVED 2003 ( AS PER APPLICANT) Zoning By-law Amendment Z APPROVED June 28, By-Law PASSED MAY 9, 2005 Ian Watson, from Weston Consulting Group Inc., 201 Millway Ave., Unit 19, Vaughan, Ontario, L4K 5R8, appeared replacing Peter Smith from Weston Consulting Group Inc., and gave a brief submission regarding the request. There were no comments/objections from any Departments or Agencies and any conditions requested are listed below MOVED by M. S. Panicali Seconded by M. Mauti THAT Application No. B038/06 - JRN HOLDINGS INC. ATTEN: ROMAS KARTAVICIUS be APPROVED, in accordance with the sketch attached and subject to the following conditions: NOTE: All conditions below must be fulfilled and clearance letters must be received by the Secretary-Treasurer before any cheques can be accepted and Certificate of Official can be issued. 1. That the owner shall pay all taxes as levied, if required, to the satisfaction of the Reserves & Investments Department. Payment shall be made by certified cheque; (contact Terry Liuni in the Reserves & Investments Department to have this condition cleared). 2. This consent is given on the express understanding that Subsection 3 or Subsection 5 of Section 50 of the Planning Act shall apply to any subsequent conveyance in respect to the subject lands; 3. That the applicant provide to the Secretary Treasurer a letter of undertaking, stating that the lands in question are in favour of or taken into the title of the lands to the SOUTH (LOT 51); 4. Submission to the Secretary-Treasurer of FOUR (4) white prints of a registered deposited reference plan of survey, showing the subject land which conforms with the application submitted and which shows the dimensions and areas of each part shown on the plan; Page 4 of 25

5 CONSENT PUBLIC HEARING: 2. FILE NOS.: B038/06, B039/06 & JRN HOLDINGS INC. ATTEN: ROMAS KARTAVICIUS Upon fulfilling and complying with all of the above-noted conditions, the Secretary- Treasurer of the Committee of Adjustment must be provided with a letter and (3) copies of legal size (8 1/2 x14) Schedule Page, in a format satisfactory to the Secretary-Treasurer, from the Applicant s solicitor confirming the legal description of the subject lands, sufficient for registration purposes. The Schedule Page will be an attachment to the Certificate. Upon being satisfied with said legal description and upon all other conditions for the consent having been satisfied, the Secretary-Treasurer shall provide a Certificate of Official to the applicant in accordance with Section 53(42) of the Planning Act, R.S.O. 1990, as amended; 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 $145.00, provided all conditions of approval have been fulfilled and all required documents are submitted by 11:30 am that day; 7. Prior to the issuance of a building permit, if required, the applicant shall fulfil and comply with all of the above noted consent conditions; THAT Application No. B039/06 - JRN HOLDINGS INC. ATTEN: ROMAS KARTAVICIUS be APPROVED, in accordance with the sketch attached and subject to the following conditions: NOTE: All conditions below must be fulfilled and clearance letters must be received by the Secretary-Treasurer before any cheques can be accepted and Certificate of Official can be issued. 1. That the owner shall pay all taxes as levied, if required, to the satisfaction of the Reserves & Investments Department. Payment shall be made by certified cheque; (contact Terry Liuni in the Reserves & Investments Department to have this condition cleared). 2. This consent is given on the express understanding that Subsection 3 or Subsection 5 of Section 50 of the Planning Act shall apply to any subsequent conveyance in respect to the subject lands; 3. That the applicant provide to the Secretary Treasurer a letter of undertaking, stating that the lands in question are in favour of or taken into the title of the lands to the SOUTH (LOT 51); 4. Submission to the Secretary-Treasurer of FOUR (4) white prints of a registered deposited reference plan of survey, showing the subject land which conforms with the application submitted and which shows the dimensions and areas of each part shown on the plan; 5. Upon fulfilling and complying with all of the above-noted conditions, the Secretary- Treasurer of the Committee of Adjustment must be provided with a letter and (3) copies of legal size (8 1/2 x14) Schedule Page, in a format satisfactory to the Secretary-Treasurer, from the Applicant s solicitor confirming the legal description of the subject lands, sufficient for registration purposes. The Schedule Page will be an attachment to the Certificate. Upon being satisfied with said legal description and upon all other conditions for the consent having been satisfied, the Secretary-Treasurer shall provide a Certificate of Official to the applicant in accordance with Section 53(42) of the Planning Act, R.S.O. 1990, as amended; Page 5 of 25

6 CONSENT PUBLIC HEARING: 2. FILE NOS.: B038/06, B039/06 & JRN HOLDINGS INC. ATTEN: ROMAS KARTAVICIUS A fee of $ made payable to the Treasurer City of Vaughan shall, be submitted to the Secretary Treasurer for the issuance of the Certificate/stamping of the deeds. It will be necessary to allow up to three (3) working days after all conditions have been fulfilled and documentation filed. Same day service is also available for an additional cost of $145.00, provided all conditions of approval have been fulfilled and all required documents are submitted by 11:30 am that day; 7. Prior to the issuance of a building permit, if required, the applicant shall fulfil and comply with all of the above noted consent conditions; At this time T. DeCicco, returned to the Council Chambers and continued with the rest of the proceedings. 4. FILE NOS.: B040/06, B041/06 & GLEN-KEELE DEVELOPMENTS TWO (II) LIMITED 5. Part of Lot 6, Concession 4, (Reference Plan No. 65R-12624, Parts 2, 3, 5, & 7, municipally known as 55 Administration Road, Concord.) PROPOSAL B040/06 - the purpose of this application is to request the consent of the Committee of Adjustment to convey a parcel of land for an addition to an existing lot taken into the title of the land to the SOUTH, for paved parking, and retain the lands for industrial purposes. B041/06 - the purpose of this application is to request the consent of the Committee of Adjustment to grant a Partial Discharge of Mortgage or Cessation of Charge, on the subject land for paved parking purposes, and retain the lands for industrial purposes. The subject lands are zoned EM1, Prestige Employment Area, under By-law 1-88 subject to Exception 9(645) as amended. The retained land has an existing building. Other Planning Act Applications: Consent Application B025/01 APPROVED, for a Right-Of Way in favour of the lands to the South - Deeds stamped September 4, Consent Application B026/01 APPROVED, for an addition to an existing lot taken into the title of the land to the north for parking lot purposes - Deeds stamped September 4, Site Plan Application IN PROGRESS as per applicant. Mark Hefferton, appeared as the designated agent on behalf of the applicant and gave brief submission regarding the request. Page 6 of 25

7 CONSENT PUBLIC HEARING: 4. FILE NOS.: B040/06, B041/06 & GLEN-KEELE DEVELOPMENTS TWO (II) LIMITED 5. There were no comments/objections from any Departments or Agencies and any conditions requested are listed below MOVED by M. S. Panicali Seconded by M. Mauti THAT Application No. B040/06 - GLEN-KEELE DEVELOPMENTS TWO (II) LIMITED, ATTEN: JORDAN ROSE, be APPROVED, in accordance with the sketch attached and subject to the following conditions: NOTE: All conditions below must be fulfilled and clearance letters must be received by the Secretary-Treasurer before any cheques can be accepted and Certificate of Official can be issued. 1. That the owner shall pay all taxes as levied, if required, to the satisfaction of the Reserves & Investments Department. Payment shall be made by certified cheque; (contact Terry Liuni in the Reserves & Investments Department to have this condition cleared). 2. This consent is given on the express understanding that Subsection 3 or Subsection 5 of Section 50 of the Planning Act shall apply to any subsequent conveyance in respect to the subject lands; 3. That the applicant provide to the Secretary Treasurer a letter of undertaking, stating that the lands in question are in favour of or taken into the title of the lands to the SOUTH; 4. That corresponding Consent Application File No. B041/06, be APPROVED; 5. Submission to the Secretary-Treasurer of FOUR (4) white prints of a registered deposited reference plan of survey, showing the subject land which conforms with the application submitted and which shows the dimensions and areas of each part shown on the plan; 6. Upon fulfilling and complying with all of the above-noted conditions, the Secretary- Treasurer of the Committee of Adjustment must be provided with a letter and (3) copies of legal size (8 1/2 x14) Schedule Page, in a format satisfactory to the Secretary-Treasurer, from the Applicant s solicitor confirming the legal description of the subject lands, sufficient for registration purposes. The Schedule Page will be an attachment to the Certificate. Upon being satisfied with said legal description and upon all other conditions for the consent having been satisfied, the Secretary-Treasurer shall provide a Certificate of Official to the applicant in accordance with Section 53(42) of the Planning Act, R.S.O. 1990, as amended; 7. A fee of $ made payable to the Treasurer City of Vaughan shall, be submitted to the Secretary Treasurer for the issuance of the Certificate/stamping of the deeds. It will be necessary to allow up to three (3) working days after all conditions have been fulfilled and documentation filed. Same day service is also available for an additional cost of $145.00, provided all conditions of approval have been fulfilled and all required documents are submitted by 11:30 am that day; 8. Prior to the issuance of a building permit, if required, the applicant shall fulfil and comply with all of the above noted consent conditions; THAT Application No. B041/06 - GLEN-KEELE DEVELOPMENTS TWO (II) LIMITED, ATTEN: JORDAN ROSE, be APPROVED, in accordance with the sketch attached and subject to the following conditions: Page 7 of 25

8 CONSENT PUBLIC HEARING: 4. FILE NOS.: B040/06, B041/06 & GLEN-KEELE DEVELOPMENTS TWO (II) LIMITED 5. NOTE: All conditions below must be fulfilled and clearance letters must be received by the Secretary-Treasurer before any cheques can be accepted and Certificate of Official can be issued. 1. That the owner shall pay all taxes as levied, if required, to the satisfaction of the Reserves & Investments Department. Payment shall be made by certified cheque; (contact Terry Liuni in the Reserves & Investments Department to have this condition cleared). 2. This consent is given on the express understanding that Subsection 3 or Subsection 5 of Section 50 of the Planning Act shall apply to any subsequent conveyance in respect to the subject lands; 3. That corresponding Consent Application File No. B040/06, be APPROVED; 4. Upon fulfilling and complying with all of the above-noted conditions, the Secretary- Treasurer of the Committee of Adjustment must be provided with a letter and (3) copies of legal size (8 1/2 x14) Schedule Page, in a format satisfactory to the Secretary-Treasurer, from the Applicant s solicitor confirming the legal description of the subject lands, sufficient for registration purposes. The Schedule Page will be an attachment to the Certificate. Upon being satisfied with said legal description and upon all other conditions for the consent having been satisfied, the Secretary-Treasurer shall provide a Certificate of Official to the applicant in accordance with Section 53(42) of the Planning Act, R.S.O. 1990, as amended; 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 $145.00, provided all conditions of approval have been fulfilled and all required documents are submitted by 11:30 am that day; 6. Prior to the issuance of a building permit, if required, the applicant shall fulfil and comply with all of the above noted consent conditions; 6. FILE NO.: B042/06 AHMAD RAZZAGH Part of Lot 31, Concession 1 (Municipally known as 7822 Yonge Street, Thornhill). PROPOSAL The purpose of this application is to request the consent of the Committee of Adjustment to convey a parcel of land for the creation of a new lot, together with all required easements and right of ways, for residential purposes, and retain the lands for residential purposes. Currently the subject land is vacant and there are three structures (1 dwelling and 2 garages) located on the retained land. There is a single family dwelling proposed for the subject land. The subject lands and retained lands are zoned R1, Residential and subject to the provisions of By-law 1-88 a.a. Page 8 of 25

9 CONSENT PUBLIC HEARING: 6. FILE NO.: B042/06 AHMAD RAZZAGH On June 20, 2006, the Toronto & Region Conservation Authority, re quested a deferral as they require addition time to review the application. On June 22, 2006, Cultural Services, Department of Recreation & Culture, provided favourable comments regarding the request. On June 22, 2006 via from York Region, the Development Review Technologist submitted the following written comments: The site is on the route of the future Transitway. The applicant should be made aware that when the future transitway is constructed that his access to Yonge Street will be restricted to right in/right out movements. The Region is protecting a 36.0 metre road allowance on this section of Yonge Street for future transportation requirements, and may require property up to 18.0 metres from the centreline of construction of Yonge Street. Request for Decisions were submitted by Patrick Trant, 7802 Yonge Street, Thornhill, Ontario, L4J 8C5; Margaret Robinson, 10 Mill Street, Thornhill, Ontario, L4J 8C5. Raymond F. Floyd, appeared as the designated agent on behalf of the applicant and gave a brief submission regarding the request. Due to the comments from the Toronto & Region Conservation Authority, all parties agreed to defer this item to the July 6, 2006 meeting. There were no other comments/objections from any Departments or Agencies. MOVED by M. S. Panicali Seconded by T. DeCicco THAT Application No. B042/06- AHMAD RAZZAGH, be ADJOURNED, to July 6, 2006 meeting. 7. FILE NO A074/06 BAIF DEVELOPMENTS LTD., Part of Lot 7, Concession 2, (Part of Block 1, Registered Plan 65M-2700, municipally located on the southwest corner of New Westminster Drive and Bathurst Street, Thornhill). The subject lands are zoned C4(H), Neighbourhood Commercial and subject to the provisions of Exception Number 9(1034) under By-law 1-88 as amended. Purpose and Effect The applicant is requesting variances to permit the construction of a commercial development (Buildings A, B, C and D), notwithstanding, the proposed changes to the existing By-Law & current By-Law requirements are as follows: Page 9 of 25

10 7. FILE NO A074/06 BAIF DEVELOPMENTS LTD., 1. To provide a minimum of 261 parking spaces. 2. To provide a minimum 8.0 metre setback from a residential zone (from the westerly lot line). 3. To provide a minimum 3.0 metre setback from a residential zone (from the southerly lot line). 4. To permit a minimum front yard setback of 5.0 metres. 5. To permit a minimum rear yard setback of 8.0 metres. 6. To permit a minimum interior side yard setback of 3.0 metres. 7. To permit a minimum exterior side yard setback of 6.0 metres. 8. To permit a minimum landscape strip of 4.98 metres along a lot line abutting a street line (along New Westminster Drive). 1. A minimum of 286 parking spaces is required. 2. A minimum setback of 22.5 metres from a residential zone is required (from the westerly lot line). 3. A minimum setback of 22.5 metres from a residential zone is required (from the southerly lot line). 4. A minimum front yard setback of 11.0 metres is required. 5. A minimum rear yard setback of 15.0 metres is required. 6. A minimum interior side yard setback of 11.0 metres is required. 7. A minimum exterior side yard setback of 11.0 metres is required. 8. A minimum landscape strip width of 6.0 metres is required along a lot line that abutts a street line (along New Westminster Drive). On June 18, 2006 a request for the Notice of Decision was received from Michael Nov, 50 Kingsbridge Circle, Thornhill, Ontario, L4J 8N7. On June 19, 2006 the Toronto & Region Conservation Authority requested a deferral, in order for the applicant to address issues with TRCA. On June 21, 2006, the Toronto & Region Conservation Authority submitted favourable comments. Michael Goldberg, from Armstrong Goldberg Hunter, appeared as the designated agent on behalf of the applicant and gave a grief submission regarding the requests. Darryn Cohen, 69 Kingsbridge Circle, Thornhill, Ontario, L4J 8N8, appeared in opposition to the requests. He had a strong objection to the setback from the westerly lot line. The agent spoke again stating that two Community Meetings were held in the past regarding this location. There was a strong showing, however, no objections were raised at that time. The Committee agreed to stand this item down, in order for the agent and the concerned resident engage in discussion and come up with a favourable conclusion. There was no one else in attendance either in support of or in opposition to the request. There were no other comments/objections from any Departments or Agencies. MOVED by T. DeCicco Seconded by M. S. Panicali THAT Application No. A074/06 - BAIF DEVELOPMENTS LTD., be STOOD DOWN to later on in the proceedings. Page 10 of 25

11 8. FILE NO: A219/06 JOE DUSSIN, ALIDA DUSSIN, MARIO FACCHINELLI AND MARIA FACCHINELLI Part of Lot 9, Concession 3 (Lot 21, Registered Plan M Municipally known as 334 Bradwick Drive, Concord). The subject lands are zoned EM1, Prestige Employment Area, under By-law 1-88 as amended. The applicant is requesting variances to permit the construction of proposed one-storey addition to an existing one-storey industrial building, notwithstanding, the proposed changes to the existing By-Law & current By-Law requirements are as follows: 1. Minimum Rear Yard Setback = 8.0m 2. Loading and Unloading to be permitted between the building and North Rivermede Road. 3. Parking Spaces provided = Minimum Rear Yard Setback = 12.0m. 2. Loading and Unloading not permitted between a building and a street. 3. Minimum Parking Spaces required = 34 Marko Dzeletovich, appeared as the designated agent on behalf of the applicants and gave a brief submission regarding the request. There were no comments/objections from any Departments or Agencies. 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 T. DeCicco Seconded by M. S. Panicali THAT Application No. A219/06, JOE DUSSIN, ALIDA DUSSIN, MARIO FACCHINELLI AND MARIA FACCHINELLI, be APPROVED in accordance with the sketch attached. 9. FILE NOS: A237/06, A238/06 & ANLAND WOODBRIDGE LIMITED 10. Part of Lot 10, Concession 7, (Block 14, part 1 and block 15, part 4, Registered Plan Nos. 65M-3883, municipally known as 2 & 1 Autumn Ridge Court, Woodbridge.) PROPOSAL The subject lands are zoned R3, Residential under By-Law 1-88 as amended and further Page 11 of 25

12 subject to Exception 9(1042). 9. FILE NOS: A237/06, A238/06 & ANLAND WOODBRIDGE LIMITED 10. The applicant is requesting variances to permit the continued construction of two story single family detached dwellings, with attached garages, notwithstanding, the proposed changes to the existing By-Law & current By-Law requirements are as follows: A237/06 1) Maximum building height of 11.72m A238/06 1) A minimum rear yard setback of 6.2m. 2) A minimum exterior side yard setback from the sight triangle of 4.03m A237/06 1) Maximum building height of 9.5m A238/06 1) A minimum rear yard setback of 7.5m. 2) A minimum exterior side yard setback from the sight triangle of 4.5m. Nadia Zuccaro, from EMC Group Ltd., appeared as the designated agent on behalf of the applicant and gave a brief submission regarding the request. Lenny Maltese, 48 Roslyn Court, Woodbridge, Ontario, L4L 2Y6, appeared in opposition and requested a Notice of Decision. There was no one else in attendance either in support of or in opposition to the request. The Committee asked the agent why the need for these variances as indicated by the opposing resident. The agent stated due to site constraints and grading errors resulted in the request for the variances. There were no objections/comments from any Departments or Agencies. 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 T. DeCicco Seconded by M. S. Panicali THAT Application Nos. A237/06, A238/06 ANLAND WOODBRIDGE LIMITED, be APPROVED, in accordance with the sketch attached. 11. FILE NO: A239/06 GANZ REALTY LTD. Part of Lot 5, Concession 9, (municipally located on the southwest corner of Highway 7 and Roybridge Gate, Woodbridge). PROPOSAL The subject lands are zoned C7, Service Commercial under By-Law 1-88 as amended and further subject to Exception 9(1013). Page 12 of 25

13 11. FILE NO: A239/06 GANZ REALTY LTD. The purpose of this application is to request variances to permit the construction of a gas station consisting of a gas bar, canopy, convenience store, and an eating establishment as follows: 1. A minimum of 25 parking spaces to be provided. 2. The pump location is to be located within the rear yard. 3. A convenience retail store with a gross floor area of 297m An eating establishment occupying 29.9% of the convenience retail store. 5. Minimum landscape requirement of 4%. 6. A minimum driveway width of 2.5m. 7. A minimum aisle width of 2.5m. 8. Parking areas with shared access to the site. 1. A minimum of 26 parking spaces to be provided. 2. The pump location is to be located only within the side or front yards. 3 A convenience retail store is to have a maximum gross floor area of 280m An eating establishment may occupy 25% of the convenience retail store. 5. Minimum landscape requirement of 10%. 6. A minimum driveway width of 6m. 7. A minimum aisle width of 6m. 8. Parking areas must be provided and maintained on the lot on which the building is erected. Other Planning Act Applications: The land which is the subject in this application was also the subject of an application under the Planning Act for: Zoning Application Z Passed May 9, 2005 Site Plan Application DA to be heard on June 19, 2006 by Committee of the Whole. Murray Evans, appeared as the designated agent on behalf of the applicant and gave a brief submission regarding the request. There were no comments/objections from any Departments or Agencies. 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 M. S. Panicali Seconded by T. DeCicco THAT Application No. A239/06 GANZ REALTY LTD., be APPROVED, in accordance with the sketches attached. Page 13 of 25

14 12. FILE NO: A241/06 KEVIN HENNESSY & DAN CLARK Part of Lot 11, Concession 2 (Lot 347, Registered Plan 65M-3521 Municipally known as 1 Seabreeze Avenue, Thornhill). PROPOSAL The subject lands are zoned RV4 (WS-B), Residential Urban Village Zone Four and subject to the provisions of Exception Number 9(1063) under By-Law 1-88 as amended.. The applicant is requesting variances to permit the maintenance of an existing wooden deck at the rear of an existing two and a half storey detached single family dwelling, notwithstanding, the proposed changes to the existing By-Law & current By-Law requirements are as follows: 1. To maintain a minimum rear yard setback of 3.57metres to the deck. 1. A minimum rear yard setback of 4.2 metres is required to the deck. Cesar Ramires, appeared as the designated agent, on behalf of the applicants and gave a brief submission regarding the request. There were no comments/objections from any Departments or Agencies. 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 M. S. Panicali Seconded by T. DeCicco THAT Application No. A241/06, KEVIN HENNESSY & DAN CLARK,be APPROVED in accordance with the sketch attached. At this time T. DeCicco, left the Council Chambers as he declared a conflict of interest at the start of the meeting. 13. FILE NO: A242/06 MARUBA INVESTMENTS INC., Part of Lot 15, Concession 4, (Block 1, Registered Plan No. 65M-3354, municipally known as 2601 Rutherford Road, Maple). The subject lands are zoned EM1, Prestige Employment Area, under By-law 1-88 subject to Exception 9(822B) as amended. Page 14 of 25

15 13. FILE NO: A242/06 MARUBA INVESTMENTS INC., The purpose of this application is to request variances to permit the construction of an outdoor patio for an existing eating establishment as follows: 1. Parking provided = An outdoor patio as an accessory use to an eating establishment located within a single use building. 1. Minimum required parking = An outdoor patio is permitted as an accessory use to an eating establishment located within a multi-unit building. Other Planning Act Applications: The land which is the subject in this application was also the subject of an application under the Planning Act for: Consent Application B013/04 Approved April 15/04 (Creation of an easement) Deeds stamped May 14/04. Minor Variation Application File No. A106/04 Approved April 15/04 (the Rutherford access to be partially located on the adjacent lands) Tina Arruda, appeared as the designated agent, on behalf of the applicants and gave a brief submission regarding the request. There were no comments/objections from any Departments or Agencies. 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 M. S. Panicali Seconded by M. Mauti THAT Application No. A242/06 MARUBA INVESTMENTS INC., be APPROVED, in accordance with the sketch attached. At this time T. DeCicco, returned to the Council Chambers and continued with the rest of the proceedings Page 15 of 25

16 At this time the Committee announced an administrative correction for the following item, (File No A243/06), as it was not dealt with at the start of the hearing. Re: Correction to the status of the project on the Notice of Application as follows; The applicant is requesting variances to permit the construction of a proposed wooden deck at the rear of an existing two and a half storey detached single family dwelling, NOT The applicant is requesting variances to permit the maintenance of an existing wooden deck at the rear of an existing two and a half storey detached single family dwelling, notwithstanding MOVED by M. S. Panicali Seconded by T. DeCicco 14. FILE NO: A243/06 OLEG IAGOUNOV & OLGA POLOUIANOVA Part of Lot 30, Concession 3 (Lot 207, Registered Plan 65M Municipally known as 51 Regency View Heights, Maple). The subject lands are zoned RV4, Residential Urban Village Zone Four under By-law 1-88 subject to Exception 9(946-A) as amended. The applicant is requesting variances to permit the construction of a proposed wooden deck at the rear of an existing two and a half storey detached single family dwelling, notwithstanding, the proposed changes to the existing By-Law & current By-Law requirements are as follows: 1. Minimum setback from deck to the lands zoned OS2, Open Space Park Zone (abutting the rear property line) = 1.2m. 2. Minimum side yard setback to the deck 0.96m 1. Minimum setback to any accessory building or structure from the lands zoned OS2, Open Space Park Zone = 6.0m 2. No encroachment permitted in an interior side yard shall be closer than 1.2m to a lot line. During the application process, letters of support were submitted by the applicant from the following residents: Alex Choulman, 55 Regency View Hts., Maple, Ontario L6A 3T8; Erol & Hayriye Okem, 45 Regency View Hts., Maple, Ontario, L6A 3T8. The applicant also submitted a photograph showing the existing deck as built by the builder. Oleg Iagounov, the applicant, appeared and gave a brief submission regarding the request. On June 9, 2006, The Development Planning Department made the following written comments: The Development Planning Department recommends this application be adjourned by the Applicant, so that additional information can be provided to the City for further review and Page 16 of 25

17 consideration. 14. FILE NO: A243/06 OLEG IAGOUNOV & OLGA POLOUIANOVA An dated June 20, 2006 from Karen Antonio, Planning Department indicated that they have reviewed the submitted Oak Ridges Moraine conformity report, stating that they are in support, however, other issues may be present that require further planning considerations. On June 20, 2006, the Development Planning Department made the following written comments; Accordingly, the proposed rear yard setback for the proposed deck in the above noted Minor Variance Application is not considered minor in nature or compatible with the surrounding uses. For these reasons, the Development Planning Department has no objection to the reduced sideyard setback for Minor Variance Application A243/06. However, the Development Planning Department recommends that the Applicant amend the application to request a rear yard setback of 3.1m, or alternatively lower the height of the deck to mitigate adverse impacts on the surrounding neighbours. The following condition of approval was added by the Development Planning Department: That a granular material be used under the deck to ensure the existing drainage regime is maintained, subject to the satisfaction of the Development Planning Department. There were no other comments/objections from any Departments or Agencies. At this time both the Committee and the applicant agreed to adjourn this item, in order for the applicant to meet with the Planning Department and come up with a more favourable outcome. MOVED by T. DeCicco Seconded by M. S. Panicali THAT Application No. A243/06 - OLEG IAGOUNOV & OLGA POLOUIANOVA be ADJOURNED, to the July 6, 2006 meeting. 15. FILE NOS: A244/06, A245/06 & FERNBROOK HOMES (MAJOR MAC) LTD., 16. Part of Lot 20, Concession 3, (Lot 2, Draft Plan of Subdivision 19T-00V12; Blk 177, 19T-00V12 / Blk 57, 19T03V15), to be municipally known as 577 & 581 Peter Rupert Avenue, Maple). A244/06 - The subject lands are zoned RD3, Residential Detached Zone Three under By-Law 1-88 as amended and further subject to Exception 9(1229).. A245/06 - The subject lands are zoned RD3, Residential Detached Zone Three under By- Law 1-88 as amended and further subject to Exception 9(1229) for Blk 177 and Exception 9(1235) for Blk 57. The purpose of these applications is to request variances to permit the construction of two storey single family detached dwellings (on each lot), as follows: Minimum rear yard setback = 5.86m By-Law Requirement: Minimum rear yard setback = 7.5m Page 17 of 25

18 15. FILE NOS: A244/06, A245/06 & FERNBROOK HOMES (MAJOR MAC) LTD., 16. Rob Vitullo, from Maplegrove Estates Inc., appeared replacing the designated agent Goffredo Vitullo, and gave a brief submission regarding the requests. There were no comments/objections from any Departments or Agencies, subject to the following conditions. 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 T. DeCicco Seconded by M. S. Panicali THAT Application Nos. A244/06, A245/06 FERNBROOK HOMES (MAJOR MAC) LTD., be APPROVED, in accordance with the sketches attached, and subject to the following conditions: 1. Registration of Draft Plans of Subdivision 19T-00V12 and 19T-03V15 shall be required, subject to the satisfaction of the Development Planning Department. 2. That if the condition(s) listed above is/are not fulfilled and the Building Permit, if required, is not applied for within twelve (12) months of the date this decision becomes final and binding, the said decision shall expire and shall be deemed to have been annulled and rescinded by the Committee.(PLEASE NOTE THAT THIS TIME PERIOD CANNOT BE EXTENDED IN ANY WAY, FAILURE TO MEET THIS DEADLINE WILL RESULT IN REQUIRING A NEW APPLICATION AND FEE). 17. FILE NO: A246/06 YEHUDA & SHARON GOLAN Part of Lot 11, Concession 2, (Lot 310, Registered Plan No. 65M-3521, municipally known as 31 Leameadow Road, Thornhill). The subject lands are zoned RV4 (WS), Residential Urban Village Zone Four and subject to the provisions of Exception Number 9(1063) under By-Law 1-88 as amended. During the applicant s submission, it was agreed to amend the application, the sketch, and the Notice of Application as follows: minimum rear yard setback of metres NOT minimum rear yard setback of 2.4 metres THEREFORE, The purpose of this application is to request a variance to permit the maintenance of a rear yard deck as follows: Page 18 of 25

19 1. To maintain a minimum rear yard setback of metres to the deck. Page 19 of 25

20 17. FILE NO: A246/06 YEHUDA & SHARON GOLAN 1. A minimum rear yard setback of 4.2 metres is required to the deck. Yehuda Golan, the applicant, appeared and gave a brief submission regarding the request. Shari Jonas, 30 Misty Sugar Trail, Thornhill, Ontario, L4J 8R5, the rear neighbour, appeared in opposition and requested the Notice of Decision. She submitted photos to the Committee, showing many properties in the area that do conform to the present by-laws. The Committee asked the opposing neighbour if she will be in support, if the applicant were to amend the application by moving the deck away from the rear yard property line by 20 inches or 0.507m, remove the lattice and replace it with open pickets. The neighbour agreed to this amendment. The Committee asked the applicant if he will amend the application to a minimum rear yard setback of 2.907m to the deck. He agreed. There was no one else in attendance either in support of or in opposition to the request. There were no comments/objections from any Departments or Agencies, subject to the following conditions. The Committee is of the opinion that the variance sought, AS AMENDED, 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. DeCicco Seconded by M. S. Panicali THAT Application No. A246/06 YEHUDA & SHARON GOLAN, be APPROVED, AS AMENDED, in accordance with the sketch attached and subject to the following conditions; 1 That no lattice be permitted throughtout the whole deck, only open pickets, to the satisfaction of the Building Standards 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.) 18. FILE NO: A247/06 MOSHE SHWARTZMAN. Part of Lot 11, Concession 2, (Lot 10, Registered Plan No. 65M-3591, municipally known as Page 20 of 25

21 524 Pleasant Ridge Avenue, Thornhill). 18. FILE NO: A247/06 MOSHE SHWARTZMAN. The subject lands are zoned RVM1 (WS-B), Residential Urban Village Multiple Dwelling Zone One (Single Detached Dwelling and Semi-Detached Dwelling on a Wide and Shallow lot) and subject to the provisions of Exception Number 9(1063) under By-Law 1-88 as amended. During the applicant s submission, it was agreed to amend the application, the sketch, and the Notice of Application as follows: minimum rear yard setback of 2.1 metres NOT minimum rear yard setback of 1.72 metres THEREFORE, the purpose of this application is to request a variance to permit the maintenance of a rear yard deck as follows: 1. To maintain a minimum rear yard setback of 2.1m. to the deck. 1. A minimum rear yard setback of 4.2 metres is required to the deck. Mark Shwarzman, appeared as the designated agent on behalf of the applicant and gave a brief submission regarding the request. He submitted to the Committee photos of the deck. The Development Planning Department made the following written comments: The applicant is requesting a variance in the rear yard as the deck exists and does not comply with the By-law. The 4.28m deep deck extends almost the entire depth of the 6m rear yard and is 1.72m from the property line. The Development Planning Department is of the opinion that the deck may be too close to the proposed future development to the west of the subject lands although there is no development there currently. For the reasons above, The Development Planning Department does not support this application. The Committee asked the Development Planning representative what rear yard setback measurement they will support. The Development Planning representative stated they will support 2.1m. All parties agreed that this application be amended to a minimum rear yard setback of 2.1m. There were no other comments/objections from any Departments or Agencies. The Committee is of the opinion that the variance sought, AS AMENDED, 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. DeCicco Seconded by M. S. Panicali THAT Application No. A247/06 MOSHE SHWARTZMAN, be APPROVED, AS AMENDED, in accordance with the sketch attached. Page 21 of 25

22 At this time the Committee called File No. A074/06 BAIF DEVELOPMENTS LTD., which was previously STOOD DOWN. 7. FILE NO A074/06 BAIF DEVELOPMENTS LTD., SEE PAGE # S 9 & 10 The agent Michael Goldberg, took the podium and stated that after discussing the requests with the opposing neighbour, Darryn Cohen, it has been concluded that the neighbour understands the request and has no concerns. Mr. Cohen, stated that he is now in support of this application. 19. FILE NO: A248/06 CARLO DeMARIA & SANDRA MACHIELLA Part of Lot 13, Concession 2, (Lot 78, Registered Plan 65M Municipally known as 63 Mendel Crescent, Thornhill). The subject lands are zoned RV4 (WS), Residential Urban Village Zone Four and subject to the provisions of Exception Number 9(1063) under By-Law 1-88 as amended. The applicant is requesting a variance to permit the construction of a one-storey solarium addition at the rear of an existing two-storey detached single family dwelling, notwithstanding, the proposed changes to the existing By-Law & current By-Law requirements are as follows: To permit a minimum rear yard setback of 4.5 meters to the addition. A minimum rear yard setback of 6.0 metres is required to the addition. Sandra Machiella, the applicant appeared and gave a brief submission regarding the request. There were no comments/objections from any Departments or Agencies. 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. DeCicco Seconded by M. S. Panicali THAT Application No. A248/06, CARLO DeMARIA & SANDRA MACHIELLA,be APPROVED in accordance with the sketch attached. Page 22 of 25

23 20. FILE NO: A249/06 TOMISLAV & HEIDI JURISIC Part of Lot 16, Concession 8, (Lot 38, Registered Plan No. 65M-3303, municipally known as 66 Century Grove Blvd., Woodbridge). The subject lands are zoned RV4, Residential under By-Law 1-88 as amended and further subject to Exception 9(988). The purpose of this application is to request a variance to permit the maintenance of a rear yard garden shed as follows: 1. A shed with a maximum building height of 3.05m. 1. A shed with a maximum building height of 2.5m. Tomislav Jurisic, the applicant appeared and gave a brief submission regarding the request. There were no comments/objections from any Departments or Agencies. 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 M. S. Panicali Seconded by T. DeCicco THAT Application No. A249/06 TOMISLAV & HEIDI JURISIC, be APPROVED, in accordance with the sketch attached. 21. FILE NO: A250/06 ALFONSO & GIACOMINA CASSARO Part of Lot 12, Concession 6, (Lot 10, Registered Plan No. 65M-2429, municipally known as 67 Bell Harbour Place, Woodbridge.) The subject lands are zoned R1, Residential under By-Law 1-88 as amended and further subject to Exception 9(531). The purpose of this application is to request variances to permit the construction of a rear yard accessory structure/shed as follows: 1. Max size of shed m2 2. An accessory structure with a minimum interior side yard setback of 0.6 m. 3. An accessory structure with a minimum rear yard setback of 0.6 m. Page 23 of 25

24 4. Max height of shed 3.8 m Page 24 of 25

25 21. FILE NO: A250/06 ALFONSO & GIACOMINA CASSARO 1. Max size of shed 10 m2 2. A minimum interior side yard setback of 1.5 m to an accessory structure. 3. A minimum rear yard setback of 7.5 m to-an accessory structure. 4. Max height of shed 2.5 m. On June 22, 2006, letters of support were received from Caterina Sirro, 56 Dianawood Ridge, Woodbridge, Ontario, L4L 6X9; Gurpal Singh, 73 Bell Harbour Pl., Woodbridge, Ontario, L4L 6W6. Alfonso Cassaro, the applicant appeared and gave a brief submission regarding the request. The Development Planning Department made the following written comments: This Department is of the opinion that the proposed height is not compatible with the surrounding residential uses and is requesting that the Applicant reduce the variance for height. There were no other comments/objections from any Departments or Agencies. 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 T. DeCicco Seconded by M. S. Panicali THAT Application No. A250/06 ALFONSO & GIACOMINA CASSARO, be APPROVED, in accordance with the sketches attached. OTHER BUSINESS None. MOTION TO ADJOURN MOVED by T. DeCicco Seconded by M. S. Panicali THAT the meeting of Committee of Adjustment be adjourned at 6:50 p.m., and the next regular meeting will be held on JULY 6, Page 25 of 25