The Minutes of the 1 ST. Meeting of the Vaughan Committee of Adjustment for the year 2002 Thursday, JANUARY 10, :00p.m.

Transcription

1 The Minutes of the 1 ST. Meeting of the Vaughan Committee of Adjustment for the year 2002 Thursday, JANUARY 10, 2002 Present at the meeting were: 6:00p.m. M. Mauti T. DeCicco L. Fluxgold K. Hakoda S. Perrella Members of Staff present: Dianne E.L. Grout, Secretary-Treasurer Anne Markovsky, Assistant to the Secretary-Treasurer Glen White, Planner Marie Kennedy, Plans Examiner INTRODUCTION OF ADDENDUM REPORTS ` MOVED by S. Perrella 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 7 & 8, File Nos. B3/02, & B4/02, THE NATIONAL GOLF CLUB OF CANADA & JULIA GALLORO, as he has entered into an agreement of sale with the agent. L. Fluxgold declared a conflict of interest with respect to Item # s 22 & 23, File Nos. A13/02 & A14/02, LARRY & KAREN LATOWSKY & D. ERDMAN, as he provided legal advice to the applicant. ADOPTION OR CORRECTION OF MINUTES MOVED by S. Perrella THAT the minutes of the Committee of Adjustment Meeting of December 6, 2001, be adopted as circulated. CARRIED ADJOURNMENTS AND/OR DEFERRALS A revised memorandum, dated January 10, 2002 was received from the Community Planning Department, requesting File Nos.A19/02 to A22/02, IRENE MARQUESES, DONALD FORRESTER, JAMES TULSIDIN, GARRY & ICENE THOMPSON, be ADJOURNED SINE DIE, until such time as the Oak Ridges Moraine Conservation Plan has been filed under the Regulations Act. As of this date the Act has received Royal Assent, waiting final approval. It should also be noted that the Community Planning Department will inform the Committee of Adjustment if and when to proceed with these applications. MOVED by S. Perrella That Item # s 28 to 31, IRENE MARQUESES, DONALD FORRESTER, JAMES TULSIDIN, GARRY & ICENE THOMPSON, File Nos. A19/02 to A22/02, BE AJOURNED SINE DIE CARRIED Page 1 of 21

2 ADMINISTRATIVE CORRECTIONS None. CONSENT PUBLIC HEARING: (Adjourned from the December 6, 2001 meeting) 1. FILE NO.: B94/ ONTRIO LTD. Part of Lot 15, Concession 4, (municipally located at the northeast corner of Jane Street and River Rock Gate). The purpose of the application is to request the consent of the Committee of Adjustment to convey a parcel of land for the creation of a new lot for an Inn/hotel purposes, and retain the lands for industrial purposes. The subject land is currently vacant and there is an existing industrial building on the retained lands. By-law 1-88 zones the subject lands "C7" Service Commercial. By-law 1-88 zones the retained lands as AEM2" General Employment Area. A fax was received dated January 4, 2002 from Canadian National Railway stating that due to the proximity to CN s yard, the applicant is to engage a consultant to undertake an analysis of noise and to undertake appropriate measures to mitigate any adverse effects from noise that were identified. On January 10, 2002, a revised memorandum was received from the Community Planning Department deleting their condition with respect to road allowance as this is covered by the Engineering Department. Stanley B. Stein from Osler, Hoskin & Harcourt, Box 50, 1 First Canadian Place, Toronto, Ontario, M5X 1B8, appeared as the agent, replacing T. Allen Eagleson and gave a brief submission. He submitted a letter, dated January 10, 2002 indicating that the conditions placed by the Engineering Department with respect to Future Extensions, is not applicable at this time, since the location of the Future Extension has not yet been determined by the City. Diana Dodge, P. O. Box 248, 555 California Avenue, Unit 5, Brockville, Ontario, K6V 5V5, completed a deputation form requesting a Notice of Decision for the above file. There were no objections from any Departments or Agencies and any conditions requested are listed below. MOVED by T. DeCicco THAT Application No. B94/ ONTARIO LTD 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). Page 2 of 21

3 CONSENT PUBLIC HEARING: (Adjourned from the December 6, 2001 meeting) 1. FILE NO.: B94/ ONTRIO LTD. Cont d. 3. The applicant shall provide the City of Vaughan with an appraisal report, if required 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 of Vaughan, if required, 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 retained land maintains the minimum required lot frontage, if required, to the satisfaction of the Building Standards Department; 5. That the applicant shall convey to the City, at no cost to the City, and free of all charge and encumbrance, the necessary lands for the extension of Caldari Road to the northern limit of their lands, including all necessary intersection widening and turn around lands, if required to the satisfaction of the Engineering Department; 6. That the applicant enter into an agreement with the City to satisfy all conditions financial or otherwise with regards to the construction of Caldari Road extension, if required to the satisfaction of the Engineering Department; 7. That the Owner shall acknowledge receipt of a notice regarding a sanitary sewer easement on the subject land, ownership of which, was transferred from the City to the Region in July Also, the owner shall not erect any structures on the above noted sanitary sewer easement if required, to the satisfaction of the York Region Transportation and Works Department; 8. That payment in the amount of $ for the development review fee be paid in the form of a certified cheque, payable to the Regional Municipality of York, (see staff report for specifics), if required, to the satisfaction of the York Region Transportation and Works Department; 9. 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; 10. 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 from the Applicant s solicitor confirming the legal description of the subject lands, sufficient for registration purposes. 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. 11. A fee of $ made payable to the Treasurer City of Vaughan shall, be submitted to the Secretary Treasurer for the issuance of the Certificate of Official. It will be necessary to allow up to three (3) working days after all conditions have been fulfilled and documentation filed. Same day service is also available for an additional cost of $100.00, provided all conditions of approval have been fulfilled and all required documents are submitted by 11:30am. that day; 12. Prior to the issuance of a building permit, if required, the applicant shall fulfil and comply with all of the above noted consent conditions; Page 3 of 21

4 CONSENT PUBLIC HEARING: (Adjourned from the December 6, 2001 meeting) 1. FILE NO.: B94/ ONTRIO LTD. Cont d. PLEASE NOTE: 1. That the payment of the Regional Development Charge is payable to the City of Vaughan before issuance of a building permit in accordance with the Development Charges Act and the Regional Development Charges By-law in effect at the time of payment. 2. That the payment of the City Development Charge is payable to the City of Vaughan before issuance of a building permit in accordance with the Development Charges Act and the City's Development Charges By-law in effect at the time of payment. 3. That the payment of the Education Development Charge is payable to the City of Vaughan before issuance of a building permit in accordance with the Development Charges Act and the Boards of Education By-laws in effect at the time of payment. 4. That the payment of special area 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 Charge By-law in effect at the time of Building permit issuance, if required, to the satisfaction of the Finance Department; 5. That the Building plans shall be submitted to the Region of York for approval at the site plan stage. This is to ensure that any proposed structure to be constructed upon the subject land will not adversely affect the existing sanitary sewers, and conversely, the proposed structure will not be adversely impacted in the event any maintenance or construction work is required on the sanitary sewers. No building permit shall be issued by the City of Vaughan without prior consent from the Region. 6. The Canadian National Railway recommends, that due to the proximity to CN s yard, the Applicant engage a consultant to undertake an analysis of noise and to undertake appropriate measurers to mitigate any adverse effects from noise that were identified. CARRIED It should be noted that T. DeCicco left the Council Chambers and abstained from voting on the following two applications due to his conflict of interest. CONSENT PUBLIC HEARING: 2. FILE NOS.: B3/02 and B4/02 & THE NATIONAL GOLF CLUB OF CANADA & JULIA GALLORA 3. THE NATIONAL GOLF CLUB OF CANADA, with respect to Part of Lots 11-13, Concession 6 (municipally known as 134 Clubhouse Road. AND JULIA GALLORO, with respect to Part of Lot 13, Concession 6 (Lot 18, Registered Plan 5757, municipally known as 175 Pine Valley Drive). B3/02 National Golf Club- The purpose of this application is to request the consent of the Committee of Adjustment to convey a parcel of land as an addition to existing lot taken into the title of the land to the north residential purposes and retained the lands for open space park/golf course purposes. Page 4 of 21

5 CONSENT PUBLIC HEARING: 2. FILE NOS.: B3/02 and B4/02 & THE NATIONAL GOLF CLUB OF CANADA & JULIA GALLORA Cont d 3. The subject land is vacant. There are accessory buildings and the clubhouse located on the retained land. By-law 1-88 zones the subject and retained lands OS2 Open Space Park. B4/01 Galloro -The purpose of this application is to request the consent of the Committee of Adjustment to convey a parcel of land as an addition to existing lot taken into the title of the land to south for Open Space park/golf course purposes and retained the lands for residential purposes. The subject land is vacant. There is a single family dwelling located on the retained land. By-law 1-88 zones the subject and retained lands RR Rural Residential. On December 22, 2001, the agent corresponded by Electronic Mail, requesting that these files proceed with conditions that the zoning be approved prior to the finalization of the land severance. The Committee received as an addendum, the Committee of the Whole (Public Hearing) preliminary report extracts, dated January 7, Sam Speranza was the designated agent, representing the applicants, however, he was not present when this item was called. Based on the extracts from Public Hearing, and comments from the Planning Department, requesting these items be further addressed at a future Committee of the Whole and Council meetings, the Committee, ADJOURNED this item SINE DIE until such time as Council has considered and approved Zoning Applications Z & Z There were no other objections from any Departments or Agencies. MOVED by L. Fluxgold THAT Application Nos: B3/02, & B4/02, THE NATIONAL GOLF CLUB OF CANADA & JULIA GALLORA, be ADJOURNED SINE DIE CARRIED It should be noted that T. DeCicco returned to the Council Chambers and took part in the following items. 4. FILE NO.: B5/02 CANADIAN PACIFIC RAILWAY COMPANY Part of Lot 15 & 16, Concession 10, (located North side of Rutherford Road, east of Hwy. # 50 CP Intermodal Facility). Page 5 of 21

6 CONSENT PUBLIC HEARING: 4. FILE NO.: B5/02 CANADIAN PACIFIC RAILWAY COMPANY Cont d. The purpose of the application is to request the consent of the Committee of Adjustment to convey a parcel of land for an easement in favour of the lands to the South (Petro Canada) for external water and sanitary servicing purposes, and retain the lands for CP Intermodal purposes. The subject lands are currently vacant. There are two buildings on the retained lands. By-law 1-88 zones the subject lands "A" Agricultural. Other Planning act Applications The land which is the subject in this application is also the subject of an application under the Planning act for: Site Development Application DA Report adopted by Council September 10, 2001,OMB approved NOV. 5, Guy Bonney from Petro Canada appeared as the agent on behalf of the applicant and gave a brief submission. There were no objections from any Departments or Agencies and any conditions requested are listed below. MOVED by K. Hakoda Seconded by L. Fluxgold THAT Application No. B5/02 CANADIAN PACIFIC RAILWAY CO., be APPROVED, subject to the following conditions: 1. That the owner shall pay all taxes as levied, if required, to the satisfaction of the Finance Department; (contact Linda Nelson in the Finance Department to have this condition cleared). 2. 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; 3. 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 from the Applicant s solicitor confirming the legal description of the subject lands, sufficient for registration purposes. 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. 4. A fee of $ made payable to the Treasurer City of Vaughan shall, be submitted to the Secretary Treasurer for the issuance of the Certificate of Official. It will be necessary to allow up to three (3) working days after all conditions have been fulfilled and documentation filed. Same day service is also available for an additional cost of $100.00, provided all conditions of approval have been fulfilled and all required documents are submitted by 11:30am. that day; 5. Prior to the issuance of a building permit, if required, the applicant shall fulfil and comply with all of the above noted consent conditions; Page 6 of 21

7 CONSENT PUBLIC HEARING: 5. FILE NO. B6/02 DIEGO AND DENICE MUZZATTI Part of Lot 9, Concession 7, (Lot 35, Registered Plan M-1111, municipally known as 120 Riverside Drive). The purpose of the application is to request the consent of the Committee of Adjustment to convey a parcel of land for the creation of a new lot for residential purposes, and retain the lands for residential purposes. The is a single family dwelling currently located on the subject and part of the retained land, which is to be demolished. In addition to the house there is a frame shed located on the subject land which is to be demolished. A single family dwelling is proposed for each of the subject and retained lands. By-law 1-88 zones the subject and retained lands "R3" Residential and OS1 Open Space Conservation. A fax dated January 2, 2002 was received from Brian MacEwen, 128 Riverside Drive, Woodbridge, Ontario, L4L 2L3, showing interest on this file and requesting a Notice of Decision. A fax dated January 9, 2002 was received from Ron and Margaret Rupke, 104 Riverside Drive, Woodbridge, Ontario, L4L 2L3, stating that they do not oppose the application, however, they indicated concerns regarding elevation which at a later date may result in drainage problems. Diego Muzzatti the applicant, appeared on his own behalf and gave a brief submission. He responded to the letter from his neighbour and agreed to obtain the information requested by TRC with respect to a survey showing the existing grades for the property the locations of the 100 year and 350 year flood line and Regional Storm elevations. There were no objections from any Departments or Agencies. MOVED by. K. Hakoda Seconded by T. DeCicco THAT Application No: B6/02 DIEGO AND DENICE MUZZATTI, be ADJOURNED TO JANUARY 24, FILE NO. A1/02 MARIA CARMINE & RENATO LONGO Part of Lot 17, Concession 8, (Lot 74; Registered Plan 65M-3383; municipally known as 110 Toscana Road, Woodbridge). By-law 1-88 zones this parcel "RV2" Residential Urban Village. Page 7 of 21

8 6. FILE NO. A1/02 MARIA CARMINE & RENATO LONGO Cont d. The applicant is requesting a variance to permit the maintenance of an existing one storey single family detached dwelling with attached garage, notwithstanding, the rear yard setback to the deck is 5.2m,rather than the By-law requires a minimum rear yard setback to the deck of 5.7m. Maria Carmine the applicant appeared and gave a brief submission regarding 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.k.hakoda Seconded by T. DeCicco THAT Application No. A1/02 MARIA CARMINE & RENATO LONGO, be APPROVED, subject to the following conditions: 1. That a building permit be obtained and the variances are conditional upon the property being constructed in accordance with the requested variances as shown on the attached sketch forming part of this application, if required, to the satisfaction of the Building Standards Department; 2. That if the condition listed above is not fulfilled within (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. 7. FILE NO. A2/02 PARASTAR DEVELOPMENTS INC. Part of Lot 19, Concession 8, (Part of Block 99 & 219; Registered Plan 65M-3345, Block 99 and Registered Plan 65M-3435, Block 219; municipally known as 259 Sunset Ridge, Woodbridge). By-law 1-88 zones this parcel "RV3" Residential Urban Village. The applicant is requesting a variance to permit the maintenance of a two storey single family detached dwelling with attached garage, notwithstanding, the interior garage is 5.5m. in depth x 3.0m,(2 steps in garage to interior of house) rather than the By-law requires dimensions of 6.0m x 3.0m measured from the interior walls. John Heath from Edgeport Home Corp., appeared as the agent and gave a brief submission regarding the request, stating that the home is sold and occupied. Page 8 of 21

9 7. FILE NO. A2/02 PARASTAR DEVELOPMENTS INC. Cont d.. The Committee asked the agent if the owner is aware of this application and he answered yes and that the owner was in the audience. The husband of the owner took the podium and stated that they took possession the same evening the application was submitted and learned of this variance after. The Committee asked the owners if they were in support of this application to have an authorization form completed, authorizing Parastar Developments to represent them. The owner signed the necessary document. The Community Planning Department made the following written comments; Since the minimum 6.0m garage depth is not being provided, certain vehicles may be excluded from efficient use of the interior space of the garage, stating that they were not in support of this application. There were no other 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 THAT Application No. A2/02 PARASTAR DEVELOPMENTS INC., be APPROVED. 8 FILE NOS. A4/02 to A8/02 to LANGSTAFF CONTWO INVESTMENTS LIMITED 12. Part of Lot 11, Concession 2, (Unit 38, Block 7; Unit 77, Block 12; Unit 109, Block 15; Unit 51, Block 8; Unit 92, Block 13; Registered Plan No. 65M-3535, municipally located on Lander Crescent, Daniel Reaman Crescent, and Maple Sugar Lane, respectively). By-law 1-88 zones these parcels RVM1 (A) Residential Urban Village Multiple Dwelling Zone One (Street Townhouse) subject to the provisions of Exception Number 9 (1063) under By-law 1-88 as amended. A4/02 - The applicant is requesting a variance to permit the construction of a street townhouse dwelling unit, notwithstanding, the minimum exterior side yard setback will be 2.0 metres; rather than the By-law requires the minimum exterior side yard setback to be 2.4 metres. A5/02 - The applicant is requesting a variance to permit the construction of a street townhouse dwelling unit, notwithstanding, the minimum exterior side yard setback will be 2.1 metres; rather than the By-law requires the minimum exterior side yard setback to be 2.4 metres. Page 9 of 21

10 8.FILE NOS. A4/02 to A8/02 to LANGSTAFF CONTWO INVESTMENTS LIMITED Cont d. 12. A6/02 - The applicant is requesting a variance to permit the construction of a street townhouse dwelling unit, notwithstanding, the minimum exterior side yard setback will be 2.0 metres; rather than the By-law requires the minimum exterior side yard setback to be 2.4 metres. A7/02 - The applicant is requesting a variance to permit the construction of a street townhouse dwelling unit, notwithstanding, the minimum exterior side yard setback will be 2.6 metres; rather than the By-law requires the minimum exterior side yard setback to be 3.0 metres. A8/02 - The applicant is requesting a variance to permit the construction of a street townhouse dwelling unit, notwithstanding, the minimum exterior side yard setback will be 2.6 metres; rather than the By-law requires the minimum exterior side yard setback to be 3.0 metres. Robert Judges, the agent, appeared on behalf of the applicant and gave a brief submission regarding the requests. 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. S. Perrella THAT Application Nos. A4/02 to A8/02 - LANGSTAFF CONTWO INVESTMENTS LIMITED, be APPROVED, subject to the following conditions: 1. That the variances for the reduction in the exterior side yard setbacks are conditional upon the properties being constructed in accordance with the requested variances as shown on the attached sketches forming part of these applications, if required, to the satisfaction of the Building Standards Department; 2. That if the conditions listed above are not fulfilled within twelve (12) months of the date this decision becomes final and binding, the said decision shall expire and shall be deemed to have been annulled and rescinded by the Committee. 13. FILE NO. A9/02 DANTE AND MATTIA CARINCI Part of Lot 13, Concession 6 (Lot 39, Registered Plan 5757, municipally known as 93 Clubhouse Road). By-law 1-88 zones this parcel RR - Rural Residential. Page 10 of 21

11 13. FILE NO. A9/02 DANTE AND MATTIA CARINCI Cont d. The applicant is requesting a variance to permit the construction of an in ground pool and pool house, notwithstanding, the swimming pool and accessory structure (i.e. pool house/change room) are located in the interior side yard setback, rather than the By-law requires that a private pool and accessory structures to be located in the rear yard only. Dante Carinci, appeared on his own behalf and gave a brief submission with respect to the request. There were no 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. S. Perrella THAT Application No. A9/02 DANTE AND MATTIA CARINCI be APPROVED. 14. FILE NO. A10/02 GIOVANNI BASILO AND LIDIA SCENNA Part of West half of Lot 25, Concession 9, (Lot 1, Registered Plan 4251, municipally known as 945 Nashville Road, Kleinburg.) By-law 1-88 zones this parcel AA" Agricultural. The applicant is requesting variances to permit the permit the construction of a proposed one and a half storey, single family detached dwelling, with the garage attached, notwithstanding, the minimum interior side yard setbacks will be 4.5m, rather than the By-law requires the minimum interior side yard setback to be 9.0m. Also the maximum lot coverage will be 14.7% rather than 5%. Giovanni Basilo, appeared on his own behalf and gave a brief submission regarding 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 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 Seconded by T. DeCicco Page 11 of 21

12 14. FILE NO. A10/02 GIOVANNI BASILO AND LIDIA SCENNA Cont d. THAT Application No. A10/02 GIOVANNI BASILO & LIDIA SCENNA be APPROVED, subject to the following conditions: 1. That a building permit be obtained for the proposed house and sewage system, if required, to the satisfaction of the Septic System Division of the Building Standards Department; 2. That if the condition listed above is not fulfilled within twelve (12) months of the date this decision becomes final and binding, the said decision shall expire and shall be deemed to have been annulled and rescinded by the Committee. 15. FILE NOS. A11/02 & A12/02 & ONTARIO LIMITED 16. Part of Lot 6, Concession 8, (Block C; Plan M-1489; municipally known as 7770 Martin Grove Road, Units 9 & 10, Woodbridge). The subject lands are zoned RM2, Block Townhouse/Apartment/multiple Family Dwelling subject to the provisions of Exception Number 9 (1069) under By-Law 1-88 as amended. B11/02,Unit 10 - The applicant is requesting a variance to permit the maintenance of a 1 ½ storey townhouse unit, notwithstanding, the north front yard setback is 3.83m, the south front yard setback is 1.61m, rather than the By-law requires front yard setback to the north of 4.06m, and front yard setback to the south of 2.42m. B12/02,Unit 9 - The applicant is requesting a variance to permit the maintenance of a 1 ½ storey townhouse unit, notwithstanding, the north front yard setback is 1.24m, the south front yard setback is 2.78m, rather than the By-law requires front yard setback to the north of 1.34m, and front yard setback to the south of 2.83m. Shael Beckenstein, the agent, appeared on behalf of the applicant and gave a brief submission regarding the request. There were no 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 THAT Application Nos. A11/02 & A12/ ONTARIO LTD., be APPROVED. Page 12 of 21

13 Cont d. It should be noted that L. Fluxgold left the Council Chambers and abstained from voting on the following two applications due to his conflict of interest. 17. FILE NO. A13/02 LARRY & KAREN LATOWSKY Part of Lot 8, Concession 2, (Lot 24; Registered Plan 65M-2721; municipally known as 146 Renaissance Court., Thornhill). The subject lands are zoned R1, Residential, subject to the provisions of Exception Number 9 (773) under By-Law 1-88 as amended. The applicant is requesting a variance to permit the construction of a swimming pool and cabana to a two storey single family detached dwelling with attached garage, notwithstanding the following: OF VARIANCE PROPOSED CHANGE BY-LAW REQUIREMENT minimum rear yard setback 22.0m 35.0m to the pool Permit grading, removal or placing of fill from the rear lot line. Within 27.5m no grading, removal or placing of fill is permitted within 27.5m. from the rear maximum lot coverage for all accessory buildings minimum rear yard setback to the cabana minimum interior side yard setback to the cabana 70.8m 2 for all accessory buildings (10.5m 2 for the cabana, and 60.3m 2 for the pool) 13.7m 35.0m 1.5m 6.0m lot line. maximum lot coverage of 65m 2 for all accessory buildings Byron Graham, the agent, appeared on behalf of the applicant and gave a brief submission regarding the request. A fax of opposition was received from Neil and Rosalind Brown, 156 Renaissance Court, Thornhill, Ontario, L4J 7W4. They stated that the proximity of the cabana housing the pool equipment will disturb and diminish their ability to enjoy their backyard. They would like to see the pool and cabana located more in the centre, where it would have less of an impact. Mr. Brown presented the Committee with photos showing an existing tree house which will be replaced with the cabana as seen from their property. He also quoted the by-law with respect to tree preservation. There was no one else in attendance either in support of or in opposition to the request. The Committee asked the agent if the applicant was flexible in re-locating the cabana and suggested to have the item adjourned to the January 24, 2002 meeting, to give the applicant and the neighbour the opportunity to come up with an agreeable location. The agent asked if perhaps the committee can approve the pool variance and adjourn the cabana variance for further consultation with neighbours. The Committee stated that the pool and cabana should be heard together. Page 13 of 21

14 The Community Planning Department made the following written comments; This Department supports this application, provided the applicant satisfies the Committee that no trees will be removed. There were no other objections from any Departments or Agencies. MOVED by. T. DeCicco THAT Application No. A13/02 LARRY & KAREN LATOWSKY, be ADJOURNED TO THE JANUARY 24, 2002 MEETING. 18. FILE NO. A14/02 D. ERDMAN Part of Lot 8, Concession 2, (Lot 217; Registered Plan 65M-2721; municipally known as 16 Renaissance Court., Thornhill). The subject lands are zoned R1, Residential, subject to the provisions of Exception Number 9 (773) under By-Law 1-88 as amended. The applicant is requesting a variance to permit the construction of a swimming pool and cabana to a two storey single family detached dwelling with attached garage, notwithstanding the following: OF VARIANCE PROPOSED CHANGE BY-LAW REQUIREMENT minimum rear yard setback 21.3m 35.0m to the pool Permit grading, removal or placing of fill from the rear lot line. Within 27.5m no grading, removal or placing of fill is permitted within 27.5m. from the rear maximum lot coverage for all accessory buildings minimum rear yard setback to the cabana minimum interior side yard setback to the cabana In the area extending across the full width of the lot and within 27.5m of the rear lot line. 73.4m 2 for all accessory buildings (13.1m 2 for the cabana, and 60.3m 2 for the pool) 25.2m 35.0m 1.0m 6.0m Removal of one tree lot line. maximum lot coverage of 65m 2 for all accessory buildings Removal of trees in the area extending across the full width of the lot and within 27.5m of the rear lot line of all lots zoned R1 Zone shall be prohibited. Byron Graham, the agent, appeared on behalf of the applicant and gave a brief submission regarding the request. A letter dated January 10, 2002 was received from Zev Pilc, 455 Worth Blvd., Thornhill, Ontario, L4J 8B1, questioning grading, tree removal, noise during construction and fencing for the rear of the lot line. Page 14 of 21

15 18. FILE NO. A14/02 D. ERDMAN Cont d. The Community Planning Department made the following written comments; This Department supports this application, provided the applicant satisfies the Committee that no trees will be removed. There were no other objections from any Departments or Agencies. The Committee asked similar questions regarding the previous file, with respect to location of cabana and adjourned this item to the January 24, 2002 meeting as well. MOVED by. T. DeCicco THAT Application No. A14/02 D. ERDMAN, be ADJOURNED TO THE JANUARY 24, 2002 MEETING. It should be noted that L. Fluxgold returned to the Council Chambers and took part in the following items. 19. FILE NO. A15/02 ILANA ROSEN Part of Lot 33, Concession 1, (Lot 5; Registered Plan 65M-3050; municipally known as 35 Windhaven Terrace, Thornhill). The subject lands are zoned "R2" Residential and subject to By-Law 1-88 as amended. The applicant is requesting a variance to permit the maintenance of an existing two storey single family detached dwelling with attached garage, notwithstanding, the maximum driveway width measured at the street curb will be 9.0m, (3.0m curb cut is required), rather than the By-law requires maximum driveway width of 6.0m measured at the street curb. Jeffrey M. Swartz, the agent, appeared on behalf of the applicant and gave a brief submission regarding the request and submitted photos showing the curb and driveway. The Community Planning Department made the following written comments; This Department has not supported curb cuts in the past. There is a concern that collectively, similar applications could reduce the possibility for on-street parking. The Engineering Department made the following written comments: There are no existing boulevard items that would be adversely impacted by the proposed widening, however, the widening driveway and required curb cut are not in conformity with By- Law Page 15 of 21

16 19. FILE NO. A15/02 ILANA ROSEN Cont d. 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. L. Fluxgold THAT Application No. A15/02 ILANA ROSEN, be APPROVED, subject to the following conditions: 1. That the applicant obtain a building permit, if required, to the satisfaction of the Building Standards Department; 2. That if the condition listed above is not fulfilled within (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 20. FILE NO. A16/02 STEPHEN & ELIZABETH LEE Part of Lot 23, Concession 8, (Lot 130, Plan 6087, municipally known as 111 Rushworth Crescent, Kleinburg). During the applicant s submission it was agreed to amend the Application, Notice of Application and Sketch, as follows:.a variance to permit the maintenance of a one storey accessory building. NOT..a variance to permit the construction of a one storey accessory building. By-law 1-88 zones this parcel R1 Residential under By-law 1-88 as amended. THEREFORE, the applicants are requesting a variance to permit the maintenance of a one storey accessory building (change house), in the rear yard of an existing single family dwelling, notwithstanding, the rear yard setback to accessory building is 3.0 metres, rather than the By-law requires the rear yard setback to be 7.5m. Electronic mail was received January 7, 2002 from S. Amedeo, Box 532, Kleinburg, Ontario, L0J 1C0, stating that they are satisfied with the present location of the accessory building. Page 16 of 21

17 20. FILE NO. A16/02 STEPHEN & ELIZABETH LEE Cont d. A letter dated January 8, 2002, was received from Ian H. Mitchell and M. Elinor Mitchell, 245 Camlaren Cres., P. O. Box 219, Kleinburg, Ontario, L0J 1C0. It was pointed out that this accessory building is existing not proposed. The Mitchells had many concerns, in particular the function of this building as it has installed services, indicating to them that this may be used as an entertainment or hospitality centre, also that they were not approached for discussion prior to construction. A letter, dated January 9, 2002, was received from Susan B. Grafi, 61 Donbay Drive, P.O. Box 372, Kleinburg, Ontario, L0J 1C0, stating that they are in agreement with the Mitchell s letter. Stephen Lee, appeared on his own behalf and gave a brief submission regarding the request. Ian H. Mitchell, 245 Camlaren Cres., Kleinburg, Ontario, L0J 1C0, appeared and read from his lengthy letter which was previously submitted. At this time the applicant took the podium to address some of the concerns, and since the size and location were an issue, he was required to submit a minor variance. He also submitted a letter of support from James Arnold, 117 Rushworth Cres., Box 133, Kleinburg, Ontario, L0J 1C0 There was no one else in attendance either in support of or in opposition to the request. There were no 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. L. Fluxgold Seconded by S. Perrella THAT Application No. A16/02 STEPHEN & ELIZABETH LEE, be APPROVED, as AMENDED. 21. FILE NO. A17/02 THEOFILOS GEORGALIS Part of Lot 5, Concession 3, (Part of Lot 26, Registered Plan 2468, municipally known as 7699 Keele Street). By-law 1-88 zones this parcel R1V Old Village Residential and subject to the provisions of Bylaw 1-88 as amended. Page 17 of 21

18 21. FILE NO. A17/02 THEOFILOS GEORGALIS Cont d. The applicant is requesting variances to permit the permit the construction of a proposed detached garage, notwithstanding, the maximum area of the accessory shed/garage will be 83.6m 2, rather than the By-law requires the maximum area of an accessory shed/garage to be 67.0m 2; ; the nearest part of the flat roof shall be 4.5m from finish grade rather than the By-law states that the roof shall not be more than 3.0m above finish grade and the interior side yard setback will be 0.5m rather than 1.5m. A fax of opposition, dated January 3, 2002 was received from EMC Group. They state that a more appropriate route in permitting the proposed garage will be via zoning by-law amendment and site plan approval. A fax of opposition, dated January 4, 2002 was received from Concord West Ratepayers Association, P. O. Box 121, Concord, Ontario, L4K 1B2. They strongly oppose the oversized garage, stating that storing of ice cream trucks should be in an industrial area. Revised comments were received January 9, 2002, from the Community Planning Department proposing that this application go by way of a Zoning By-law amendment. Theofilos Georgalis, the applicant, appeared on his own behalf and gave a lengthy submission regarding the request. He gave background information from the By-law and read from the OPA. He also addressed concerns raised from the residents, stating that the location of the garage would pose less of an impact to the residents. Josie Palermo, 38 Keeleview Court, Concord, Ontario, L4K 2A7, appeared in opposition and stated that the size and location of this garage will affect this developed residential area. Cathy Ferlisi, 207 Southview Drive, Concord, Ontario, L4K 2K9, president of Concord West Ratepayers Association, presented the Committee with a petition of opposition from the following residents on Keeleview Court: Larry, JoAnne, Robert Casinelli Rocchina Capizzano 29 Keeleview Crt., Concord, Ontario L4K 2A7 Assunta Di Paolo 15 Keeleveiw Crt., Concord, Ontario L4K 2A7 Liberata, Frank & Antonio Gismondi 45 Keeleview Crt, Concord, Ontario L4K 2A7 Martin, Eli, Gentille, Nora, George and Vivian Ishkhanian 24 Keeleview Crt, Concord, Ontario L4K 2A7 Rosana & Egidio Tari 12 Keeleview Crt, Concord, Ontario L4K 2A7 Giuseppina and Antonio Clieorletti 41 Keeleview Crt, Concord, Ontario L4K 2A7 G. and L. Palmucia 37 Keeleview Crt, Concord, Ontario L4K 2A7 Maria, Carmen & David Piques 18 Keeleview Crt, Concord, Ontario L4K 2A7 Paul, Natasha and Ernie Palmero Josie Palmero 38 Keeleview Crt, Concord, Ontario L4K 2A7 Anna & Gabriele Di Norscia 46 Keeleview Crt, Concord, Ontario L4K 2A7 Maria Cuddemi 42 Keeleview Crt, Concord, Ontario L4K 2A7 Chou Keov 30 Keeleview Crt, Concord, Ontario L4K 2A7 Silvio Rotolone 23 Keeleview Crt Concord, Ontario L4K 2A7 Page 18 of 21

19 21. FILE NO. A17/02 THEOFILOS GEORGALIS Cont d. John Taglieri, EMC Group Limited, 7577 Keele Street, Suite 200, Vaughan, Ontario, L4K 4X3, representing 7689 & 7577 Keele Street, appeared in opposition, stating that this should go for a Zoning By-law amendment. Mike Mitri, 7635 Keele Street, Concord, Ontario, L4K 1Y4, appeared in opposition, stating the size of this garage will impact on the residents. The applicant had the opportunity to respond to the questions raised by the residents. The Committee asked if he could amend the size of the garage by cutting down the size and make it more square than long, to which the applicant stated he felt it would impose the residents to the rear more as they would see one large wall only. There was no one else in attendance either in support of or in opposition to the request. The Community Planning Department made the following written comments; Going by a way of a Zoning By-law amendment would allow for a greater level of review and analysis to determine how this proposed garage would meet or affect the goals and policies of OPA No. 467 in terms of the future commercial development. There were no other objections from any Departments or Agencies. The Committee is of the opinion that the variances sought can not be considered minor and are not desirable for the appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will not be maintained. MOVED by. K. Hakoda Seconded by T. DeCicco THAT Application No. A17/02 THEOFILOS GEORGALIS be REFUSED. 22. FILE NO. A18/02 MARILYN & VINCE SANTAGUIDA Part of Lot 18, Concession 4, (Lot 154, Registered Plan 65M-3062, municipally known as 21 Muirside Road, Maple). By-law 1-88 zones this parcel R3 Residential and subject to the provisions of Exception Number 9 (893) under By-law 1-88 as amended. The applicants are requesting variances to permit the maintenance of an existing in ground swimming pool in the rear yard of an existing two storey single family dwelling, notwithstanding, the minimum interior side yard setback is 1.38 metres, and the rear yard setback is 1.37 metres, rather than the By-law requires a private swimming pool shall be constructed not nearer to any lot line than 1.5 metres. Marilyn Santaguida, appeared on her own behalf and gave a brief submission regarding the request. Page 19 of 21

20 22. FILE NO. A18/02 MARILYN & VINCE SANTAGUIDA Cont d. There were no 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 L. Fluxgold THAT Application No. A18/02 MARILYN & VINCE SANTAGUIDA, be APPROVED. 23. FILE NO. A23/02 TERRA ROUGE ESTATES INC. Part of Lot 12, Concession 5, (Part of Block 6 and Block 7, Registered Plan No. 65M-2745, municipally known as 345 Courtland Avenue, Concord). By-law 1-88 zones this parcel EM1 Prestige Employment Area, under By-law 1-88 as amended. The applicant is requesting a variance to permit the construction of a one storey warehouse addition to an existing one storey industrial building, notwithstanding, the minimum parking spaces will be 274, rather than the By-law requires the minimum parking spaces to be 306. Sketches are attached illustrating the request. Liz Sawicki, Landtactix Inc.,appeared as the agent on behalf of the applicant and gave a brief submission regarding the request. There were no 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. S. Perrella Seconded by L. Fluxgold THAT Application No. A23/02 TERRA ROUGE ESTATES INC., be APPROVED. Page 20 of 21

21 OTHER BUSINESS MOVED by. T. DeCicco THAT Dianne E.L. Grout, be re-appointed as Secretary-Treasurer of the Committee of Adjustment for the year MOVED by. S. Perrella THAT T. DeCicco, be re-appointed as Vice Chair of the Committee of Adjustment for the year MOVED by. S. Perrella Seconded by T. DeCicco THAT Mary Mauti, be re-appointed as Chair of the Committee of Adjustment for the year MOTION TO ADJOURN MOVED by T. DeCicco Seconded by L. Fluxgold THAT the meeting of Committee of Adjustment be adjourned at 8:00 p.m., and the next regular meeting will be held on JANUARY 24, Page 21 of 21