The Minutes of the 3 RD Meeting of the Vaughan Committee of Adjustment for the year 2007 THURSDAY, FEBRUARY 8, :15p.m.

Transcription

1 The Minutes of the 3 RD Meeting of the Vaughan Committee of Adjustment for the year 2007 THURSDAY, FEBRUARY 8, 2007 Present at the meeting were: J. Cesario L. Fluxgold, D. H. Kang M. Mauti - Chair M. S. Panicali 6:15p.m. Members of Staff present: John D. Leach, City Clerk, Acting Secretary-Treasurer Anne Markovsky, Assistant to the Secretary-Treasurer Lenore Providence, Assistant to the Secretary-Treasurer Ryan Mino, Planners Francesco Morea, Plans Examiner MOVED by L. Fluxgold Seconded by M. S. Panicali That M. Mauti be appointed to Chair this February 8, 2007 meeting. CARRIED INTRODUCTION OF ADDENDUM REPORTS MOVED by L. Fluxgold Seconded by M. S. Panicali 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 None. ADOPTION OR CORRECTION OF MINUTES MOVED by L. Fluxgold Seconded by M. S. Panicali THAT the minutes of the Committee of Adjustment Meeting of Thursday, January 25, 2007, be adopted as circulated. CARRIED It should be noted J. Cesario abstained from voting on this matters as he was not present at the January 25, 2007 meeting. ADJOURNMENTS AND/OR DEFERRALS On February 7, 2007, a faxed letter was received from the agent Victor Guitberg, requesting that Item # 6, FILE NO.: A009/07 IRINA TSESLER, be deferred to the FEBRUARY 22, 2007 meeting in order for the applicant/agent to resolve issues with the Toronto and Region Conservation Authority. On February 8, 2007, a faxed letter was received from the agent Mauro Cristini, requesting Item # 14 FILE NO.: B007/07 GABRIEL FERRETTI, be adjourned to the MARCH 22, 2007 meeting in order for the applicant/agent to resolve issues with the Toronto and Region Conservation Authority and the Development Planning Department. Page 1 of 24

2 ADJOURNMENTS AND/OR DEFERRALS CONT D On February 8, 2007, a faxed letter was received from the agent Mauro Cristini, requesting Item # 15 FILE NO.: B008/07 DAVID FERRETTI, be adjourned to the MARCH 22, 2007 meeting in order for the applicant/agent to resolve issues with the Toronto and Region Conservation Authority and the Development Planning Department. On January 31, 2007, a letter was received from the agent Phil Stewart, requesting that Item # s 17 to 22, FILE NOS.: B010/07 TO B012/07 AND A044/07 A046/07 & A051/ CANADA INC., be adjourned to the FEBRUARY 22, 2007 meeting as additional applications and revisions to existing applications were required. On February 6, 2007, a letter was received from the applicant David Parag, requesting Item # 32 FILE NO.: A050/07 YVONNE & DAVID PARAG, be adjourned to the APRIL 5, 2007 meeting in order for the applicant/agent to resolve issues with the Engineering and the Development Planning Departments. MOVED by L. Fluxgold Seconded by M. S. Panicali THAT Item # 6, FILE NO.: A009/07 IRINA TSESLER, be adjourned to the FEBRUARY 22, 2007 meeting. THAT that Item # 14 FILE NO.: B007/07 GABRIEL FERRETTI, be adjourned to the MARCH 22, 2007 meeting. THAT Item # 15 FILE NO.: B008/07 DAVID FERRETTI, be adjourned to the MARCH 22, 2007 meeting. THAT Item # s 17 to 22, FILE NOS.: B010/07 TO B012/07 AND A044/07 A046/07 & A051/ CANADA INC., be adjourned to the FEBRUARY 22, 2007 meeting. THAT Item # 32 FILE NO.: A050/07 YVONNE & DAVID PARAG, be adjourned to the APRIL 5, 2007 meeting It should be noted that on February 7, 2007, an was received from the agent, Hector Sanchez, requesting, Item # 8 FILE NO.: A033/07 INX PROPERTIES INC., be WITHDRAWN, as the applicant was able to have their permits issued by the Building Standards Department. ADMINISTRATIVE CORRECTIONS None. Page 2 of 24

3 MINOR VARIANCE PUBLIC HEARING: (Previously adjourned from the January 25, 2007 meeting) 1. FILE NO.: A031/07 RENZO DI LUCA & PAOLA SCALA Part of Lot 8, Concession 7, (Lot 7, Registered Plan No. 65M-2754, municipally known as 41 Garview Court, Woodbridge.) The subject lands are zoned R3, Residential under By-Law 1-88 as amended and further subject to exception 9(806) The applicants are requesting a variance to permit the construction of a one storey + loft, single family detached dwelling, with attached garage, as follows: Proposal 1) Maximum lot coverage of 44.03%. 1) Maximum lot coverage of 40%. Rad Vucicevich, the agent appeared on behalf of the applicant. Robert Corridore, 173 Jeanne Drive, Woodbridge, Ontario, L4L 1X8, appeared with concerns regarding the request. During discussions between Mr. Vucicevich, Mr. Corridore, and the Committee, advised Mr. Corridore to speak with the Engineering Department regarding storm water concerns and Mr. Vucicevich, addressed design concerns. There was no one else in attendance either in support of or in opposition to the request. A request for decision was received from Robert Corridore, 173 Jeanne Drive, Woodbridge, Ontario, L4L 1X8. There were no new correspondence received. There were no new objections from any Departments or Agencies. PREVIOUSLY: On January 24, 2007, a letter of concern was received from Robert Corridore, 173 Jeanne Drive, Woodbridge, Ontario, L4L 1X8. On January 25, 2007, The Toronto and Region Conservation Authority, submitted comments requesting this application be deferred. 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. Seconded by D. H. Kang THAT Application No. A031/07 RENZO DI LUCA/PAOLA SCALA, be APPROVED, in accordance with the sketches attached. Page 3 of 24

4 CONSENTS & MINOR VARIANCES PUBLIC HEARING: 2. FILE NOS: B003/07, B004/07 & A048/07 to ONTARIO INC. 4. Part of Lot 12, Concession 8, (Registered Plan No. 65M-2984, Block 120, 121, Parts 3 & 4, located on Genova Court, Woodbridge.) PURPOSE B003/07 & B004/07 The purpose of these applications is to request the consent of the Committee of Adjustment to convey parcels of land for the purpose of creating new lots, for residential purposes, together with all required easements and right-of-ways, if required, and retain the lands for unknown purposes. Single detached dwellings are proposed on the subject lots. The retained lands are currently vacant. The subject lands are zoned R3, Residential under By-law 1-88 as amended. A048/07 - The applicant is requesting variances to facilitate the total of the retained lands (Subject lands under Consent Application Nos. B003/07, B004/07 creation of new lots, as follows: Proposal 1) A minimum lot frontage of 45.86m 2) A minimum lot area of 7808m 2. 1) A minimum lot frontage of 100m. 2) A minimum lot area of 10ha (10000m 2 ). David Matthews, the agent, appeared on behalf of the applicant. Mr. Gerry Monaco, 55 Sicilia Street, Woodbridge, Ontario, L4H 1G4, appeared in opposition to the request. There were discussions between the Committee, Mr. Matthews and Mr. Monaco. There was no one else in attendance either in support of or in opposition to the request. Request for decisions were received from the following people: Gerry Monaco, 55 Sicilia Street, Woodbridge, Ontario, L4H 1G4; Armando Forlingieri, 19 Genova Court, Woodbridge, Ontario, L4H 1G3 and Frank Gusciglio, 15 Genova Court, Woodbridge, Ontario, L4H 1G3. There were no comments/objections from any Departments or Agencies, and any conditions requested are listed below. Seconded by D. H. Kang THAT Application No. B003/ ONTARIO INC., 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. 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 City of Vaughan (Reserves & Investments Department; contact Terry Liuni to have this condition cleared.) Page 4 of 24

5 CONSENTS & MINOR VARIANCES PUBLIC HEARING: 2. FILE NOS: B003/07, B004/07 & A048/07 to ONTARIO INC 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). 3. That the corresponding Consent and Minor Variance Application File No. B004/07 & A048/07, be approved; 4. The applicant shall provide the City of Vaughan with an appraisal report and valuation of the subject land, (land only) to be prepared by an accredited appraiser, if required. Payment of a Parkland levy to the City in lieu of the deeding of land for park purposes shall be made if a new lot is being created. Said levy is to be 5% of the appraised market value of the subject land as of the date of the Committee of Adjustment giving notice to the Applicant of the herein decision. Said levy shall be approved by the Manager of Real Estate. Payment shall be made by certified cheque only. 5. Rezoning application Z is to be final and binding, if required, to the satisfaction of the Building Standards Department; 6. Both proposed residential lots must have their own set of municipal service connections. A Service Connection Application Form may be obtained, and submitted for approval to the Construction Services Division of the Engineering Department, if required, to the satisfaction of the Engineering Department, Consturction Services Division; 7. 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; 8. 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 three (3) copies of a legal size (8.5 by 14 ) 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; 9. 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; 10. Prior to the issuance of a building permit, if required, the applicant shall fulfil and comply with all of the above noted consent conditions; 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. Page 5 of 24

6 CONSENTS & MINOR VARIANCES PUBLIC HEARING: 2. FILE NOS: B003/07, B004/07 & A048/07 to ONTARIO INC 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 Reserves/Capital Department; Seconded by D. H. Kang THAT Application No. B004/ ONTARIO INC., 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. 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 City of Vaughan (Reserves & Investments Department; contact Terry Liuni to have this condition cleared.) 2. 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). 3. That the corresponding Consent and Minor Variance Application File No. B003/07 & A048/07, be approved; 4. The applicant shall provide the City of Vaughan with an appraisal report and valuation of the subject land, (land only) to be prepared by an accredited appraiser, if required. Payment of a Parkland levy to the City in lieu of the deeding of land for park purposes shall be made if a new lot is being created. Said levy is to be 5% of the appraised market value of the subject land as of the date of the Committee of Adjustment giving notice to the Applicant of the herein decision. Said levy shall be approved by the Manager of Real Estate. Payment shall be made by certified cheque only. 5. Rezoning application Z is to be final and binding, if required, to the satisfaction of the Building Standards Department; 6. Both proposed residential lots must have their own set of municipal service connections. A Service Connection Application Form may be obtained, and submitted for approval to the Construction Services Division of the Engineering Department, if required, to the satisfaction of the Engineering Department, Consturction Services Division; Page 6 of 24

7 CONSENTS & MINOR VARIANCES PUBLIC HEARING: 2. FILE NOS: B003/07, B004/07 & A048/07 to ONTARIO INC 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; 8. 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 three (3) copies of a legal size (8.5 by 14 ) 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; 9. 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; 10. Prior to the issuance of a building permit, if required, the applicant shall fulfil and comply with all of the above noted consent conditions; 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 Reserves/Capital Department; THAT 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. Seconded by D. H. Kang Page 7 of 24

8 CONSENTS & MINOR VARIANCES PUBLIC HEARING: 2. FILE NOS: B003/07, B004/07 & A048/07 to ONTARIO INC. 4. THAT Application No. A048/ ONTARIO INC, be APPROVED, in accordance with the sketches attached, and subject to the following conditions: 1. Rezoning application Z is to be final and binding, if required, to the satisfaction of the Building Standards Department; 2. That the corresponding Consent Application File Nos. B003/07, B004/07 be approved; 3. That if the conditions listed above are not fulfilled and the Building Permit is not applied for within twelve (12) months of the date this decision becomes final and binding, the said decision shall expire and shall be deemed to have been annulled and rescinded by the Committee.(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.) 5. FILE NOS: B006/07 & A036/07 & MARIA AND VINCENZO TORELLI 6. Part of Lot 14, Concession 9, (municipally known as 30 Simmons Street, Woodbridge). B006/07 -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 for residential purposes, together with all required easements and right of ways, if required, and retain the lands for residential purposes. The subject lands are zoned RR, Rural Residential under By-law 1-88 as amended. There is an existing shed to remain on the subject lands, and a single family dwelling on the retained lands. A036/07 - The purpose of this application is to request variances to facilitate the severance of the total lands (Consent Application B006/07 - creation of a new lot for residential purposes), and to permit the construction of a single family dwelling, on the newly created lot, as follows: Proposal 1. A minimum lot frontage of 24m. 2. A minimum lot area of 2422m A minimum lot frontage of 45m. 2. A minimum lot area of 4000m 2. Todd Coles, the agent appeared on behalf of the applicant. The Committee asked Mr. Coles to address the letter of objecting that was received. There was no one in attendance either in support of or in opposition to the request. A letter of objection was received from Margaret and Norris Monaghan, 50 Simons, Woodbridge, Ontario, L4L 1A7. Page 8 of 24

9 CONSENTS & MINOR VARIANCES PUBLIC HEARING: 5. FILE NOS: B006/07 & A036/07 & MARIA AND VINCENZO TORELLI 6. There were no comments/objections from any Departments or Agencies, and any conditions requested are listed below. MOVED by L. Fluxgold Seconded by M. S. Panicali THAT Application No. B006/07- MARIA & VINCENZO TORELLI, 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. 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 Reserves/Capital Department and Parks Department; 2. That the owner shall pay all taxes as levied, if required, to the satisfaction of the Reserves/Capital Department; (contact Terri Liuni in the Reserves/Capital Department to have this condition cleared). 3. The applicant shall provide the City of Vaughan with an appraisal report and valuation of the subject land, (land only) to be prepared by an accredited appraiser, if required. Payment of a Parkland levy to the City in lieu of the deeding of land for park purposes shall be made if a new lot is being created. Said levy is to be 5% of the appraised market value of the subject land as of the date of the Committee of Adjustment giving notice to the Applicant of the herein decision. Said levy shall be approved by the Manager of Real Estate. Payment shall be made by certified cheque only. 4. That the corresponding Minor Variance Application File No. A036/07, be approved; 5. That the abandoned drilled well located on the proposed lot be de-commissioned by a licensed well driller and provide a copy of the licensed welldriller de-commissioning report, if required, to the satisfaction of the Building Standards Dept.; 6. That a clause should be inserted in all offers of purchase and sale or lease and in the title deed or lease of each dwelling within 300m of the railways right-of-way, warning prospective purchasers or tenants of the existence of the Railway s operating right-of-way; the possibility of alterations including the possibility that the Railway may expand its operations, which expansion may affect the living environment of the residents notwithstanding the inclusion of noise and vibration attenuating measures in the design of the subdivisions and individual units, and that the Railway will not be responsible for complaints or claims arising from the use of its facilities and /or operations, if required, to the satisfaction of the Canadian Pacific Railway; 7. That dwellings must be constructed such that the interior noise levels meet MOEE criteria, if required, to the satisfaction of the Canadian Pacific Railway; 8. 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 9 of 24

10 CONSENTS & MINOR VARIANCES PUBLIC HEARING: 5. FILE NOS: B006/07 & A036/07 & MARIA AND VINCENZO TORELLI 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 three (3) copies of a legal size (8.5 by 14 ) 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; 10. 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; 11. Prior to the issuance of a building permit, if required, the applicant shall fulfil and comply with all of the above noted consent conditions; 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 Reserves/Capital Department; 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 M. S. Panicali THAT Application No. A036/07 - MARIA & VINCENZO TORELLI, be APPROVED, in accordance with the sketches attached and subject to the following conditions: 1. That the corresponding Consent Application B006/07 MARIA & VINCENZO TORELLI, be approved; 2. That the abandoned drilled well located on the proposed lot be de-commissioned by a licensed well driller and provide a copy of the licensed welldriller de-commissioning report, if required, to the satisfaction of the Building Standards Dept.; Page 10 of 24

11 CONSENTS & MINOR VARIANCES PUBLIC HEARING: 5. FILE NOS: B006/07 & A036/07 & MARIA AND VINCENZO TORELLI That a clause should be inserted in all offers of purchase and sale or lease and in the title deed or lease of each dwelling within 300m of the railways right-of-way, warning prospective purchasers or tenants of the existence of the Railway s operating right-ofway; the possibility of alterations including the possibility that the Railway may expand its operations, which expansion may affect the living environment of the residents notwithstanding the inclusion of noise and vibration attenuating measures in the design of the subdivisions and individual units, and that the Railway will not be responsible for complaints or claims arising from the use of its facilities and /or operations, if required, to the satisfaction of the Canadian Pacific Railway; 4. That dwellings must be constructed such that the interior noise levels meet MOEE criteria, if required, to the satisfaction of the Canadian Pacific Railway; 5. That if the conditions listed above is 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.). CONSENT PUBLIC HEARING: 7. FILE NO.: B009/07 SERGUEI ABROSSIMOV & MARHARYTA KHAN Part of Lot 26, Concession 9, (municipally known as 950 Nashville Road, Kleinburg. Purpose and Effect The purpose of this application is to request the consent of the Committee of Adjustment to convey a parcel of land, as a technical conveyance for commercial purposes, together with all required easements and right of ways. The land being conveyed and the land being retained were formerly separate holdings but have since become consolidated (taken into the same title), and retain the lands for residential purposes. The subject land has and industrial building, and a frame shed. The retained land has four buildings, one brick residential dwelling, one brick garage, one frame shed and one metal shed. The subject lands are zoned C2, General Commercial Zone subject to exceptions 9(166) & 9(385) and A, Agricultural under By-law 1-88 as amended. Frank A. Soppelsa, the agent, appeared on behalf of the applicant. There was no one in attendance either in support of or in opposition to the request. A request for decision was received from Erica Iafrate, 6910 Roe Road, Kleinburg, Ontario, L0J 1C0. Page 11 of 24

12 CONSENTS PUBLIC HEARING: 7. FILE NO.: B009/07 SERGUEI ABROSSIMOV & MARHARYTA KHAN There were no comments/objections from any Departments or Agencies, and any conditions requested are listed below. Seconded by J. Cesario THAT Application No. B009/07 - SERGUEI ABROSSIMOV & MARHARYTA KHAN, 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. That a report by a licensed Professional Engineer be submitted satisfactory to the Building Standards Dept. which certifies that the construction and location of the holding tank are in accordance with the certificate of approval issued by the York Regional Board of Health on June 7, Furthermore, the report by the licensed Prefessional Engineer must certify that the holding tank is not leaking into the surrounding area and will be operated and maintained in accordance with requirements of the OBC. Alternatively, provide a report by a licensed Professional Engineer satisfactory to the Building Standards Dept. which certifies the holding tank or on site sewage system for this property meets the requirements of the Ontario Building Code (OBC). 3. 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; 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 three (3) copies of a legal size (8.5 by 14 ) 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; Page 12 of 24

13 CONSENTS PUBLIC HEARING: 7. FILE NO.: B009/07 SERGUEI ABROSSIMOV & MARHARYTA KHAN 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 Reserves/Capital Department; MINOR VARIANCE PUBLIC HEARING: 8. FILE NO.: A035/07 JOHN AND NADIA PAOLELLA Part of Lot 18, Concession 5, (Lot 81, Registered Plan No. 65M-3498, municipally known as 101 Fox Hound Cres., Woodbridge.) The subject lands are zoned RV4(WS), Residential Urban Village Four Zone under By-Law 1-88 as amended and further subject to Exception 9(1019). The applicants are requesting variances to permit the maintenance of a wood deck and a covered/enclosed sun room addition to a two storey single family detached dwelling, with attached garage, as follows: Proposal: 1. Minimum rear yard setback 4.12m 2. Minimum rear yard setback to deck 0.08m 3. Minimum side yard setback to deck 0.08m 1. Minimum rear yard setback 6.0m 2. Minimum rear yard setback to deck 4.2m 3. Minimum side yard setback to deck 1.2m John Paolella, the applicant, appeared on his own behalf. Mr. Paolella, submitted letters of support from the following people: Joe and Judy Papa, 105 Foxhound Crescent, Woodbridge, Ontario, L4H 2H5 and Fred and Lina Vecchio, 97 Foxhound Crescent, Woodbridge, Ontario, L4H 2H5. Fred Vecchio, 97 Foxhound Crescent, Woodbridge, Ontario, L4H 2H5, appeared in support of the application. Page 13 of 24

14 MINOR VARIANCE PUBLIC HEARING: 8. FILE NO.: A035/07 JOHN AND NADIA PAOLELLA There was no one else in attendance either in support of or in opposition to the request. During discussions between Mr. Paolella, Mr. Vecchio, and the Committee, it was agreed to adjourn the application to the February 22, 2007 meeting. The Committee requested the City s Engineering Department visit the property and submit revised comments. The Committee also suggested that the applicant take this time to consider amending the application to at least 0.6m as per the Engineering Department comments, as the Committee is reluctant to support zero and near zero setbacks. A request for decision was received from Fred Vecchio, 97 Foxhound Crescent, Woodbridge, Ontario, L4H 2H5. On February 5, 2007, the applicant, ed a response to the Engineering Department s comments. The Engineering Department made the following written comments: The Engineering Department cannot support this application due to the fact that the deck is encroaching onto the drainage swale. As a result, drainage from adjacent properties will be adversely affected. The Engineering Department requires a minimum of 0.6m side yard and rear yard setback for drainage swale. There were no other objections from any Departments or Agencies. MOVED by L. Fluxgold Seconded by D. H. Kang THAT Application No. A035/07 JOHN & NADIA PAOLELLA, be ADJOURNED to the FEBRUARY 22, 2007, meeting to allow the Engineering Department an opportunity to visit the site and submit new comments. It should be noted that M. S. Panicali abstained from voting in the above matter. 9. FILE NO.: A037/07 MARIKA PAQUIN Part of Lot 13, Concession 8, (Lot 14, Registered Plan No. 65M-3120, municipally known as 64 Isa Court, Woodbridge). The subject lands are zoned R5, Residential under By-Law 1-88 as amended and further subject to exception 9(927) The purpose of this application is to request variances to permit the construction of an extension / addition to the existing garage, a proposed sunroom addition, and increased driveway width and curb cut as follows: Proposals 1) A minimum side yard setback of 3.4m from the deck and 2.5m from the addition ( side building as refered to on the sketch) to the OS1, Open Space Conservation zone. 2) A minimum rear yard setback of 3.4m. 3) A maximum driveway width of 12.9m. 4) A maximum driveway width at the curb of 8m. 5) A minimum front yard landscaping of 31.36% Page 14 of 24

15 MINOR VARIANCE PUBLIC HEARING: 9. FILE NO.: A037/07 MARIKA PAQUIN 1) A minimum side yard setback of 10m from the deck and from the side building to the OS1, Open Space Conservation zone. 2) A minimum rear yard setback of 7.5m. 3) A maximum driveway width of 9m. 4) A maximum driveway width at the curb of 6m. 5) A minimum front yard landscaping of 50% David Paquin, the husband of the applicant, appeared as the agent on his wife s behalf. There was no one in attendance either in support of or in opposition to the request. During discussions between Mr. Paquin and the Committee it was suggested that Mr. Paquin, adjourn the application to the February 22, 2007 meeting so that he could arrange to meet with the Planning Department to see if a compromise can be made. The Development Planning Department made the following written comments: The above noted minor variances are considered to be excessive in nature and are not consistent and compatible with the surrounding uses, resulting in a proposal that is not appropriate for the development of the subject lands. Furthermore, the intent of the Official Plan for the subject lands and surrounding uses is to prevent the excessive encroachment of urban uses onto conservation areas. On this basis, the Development Planning Department recommends that the Committee refuse Minor Variance Application A037/07. The Engineering Department made the following written comments: Engineering Department staff has visited the site in response to the application to widen the driveway and curb cut. There are no existing boulevard items that would be adversely impacted by the proposed widening, however, the widened driveway and required curb cut are not in conformity with By-Law 1-88 (as amended by By-Law ). The applicant shall file an application with the Public Works Department for the required curb cut. The Toronto and Region Conservation Authority made the following written comments: We understand that the requested variance will facilitate the construction of an extension/addition to the existing garage, a proposed sunroom addition, and an increased driveway width and curb cut. The variance will reduce the side yard setback to 2.4m from the deck and 2.5m from the addition to the OS1, Open Space Conservation zone. It will also reduce the rear yard setback to 3.4m, increase the driveway width to 12.9m, increase the driveway width at the curb to 8m and reduce the minimum front yard landscaping to 31.36%. A site visit on February 2, 2007 revealed that a large concrete retaining wall outlined the rear lot line of the property. The proposed development is within this already existing structure and staff have determined that the are no geotechnical/slope stability issues associated with the above proposed development. Staff note that the southern portion of this property is regulated by the TRCA and will require a permit prior to any works taking place. There were no comments/objections from any Departments or Agencies. MOVED by L. Fluxgold Seconded by J. Cesario THAT Application No. A037/07 MARIKA PAQUIN, be ADJOURNED, to the FEBRUARY 22, 2007 MEETING, to allow the applicant an opportunity to meet with the Planning Department. Page 15 of 24

16 MINOR VARIANCE PUBLIC HEARING: 10. FILE NO.: A038/07 JENNIFER REGO AND BRIAN DURATE Part of Lot 24, Concession 4, (Lot 250, Registered Plan No. 65M-3449, municipally known as 52 Cassia Cres., Maple.) The subject lands are zoned RV4, Residential Urban Village Zone 4, under By-law 1-88 subject to Exception 9(1002) as amended. The applicants are requesting variances to permit the maintenance of a rear yard shed, as follows: Proposal: 1. Minimum interior side yard setback to accessory structure =.229m 2. Minimum rear yard setback to accessory structure =.244m 1. Minimum interior side yard setback to accessory structure =.6m 2. Minimum rear yard setback to accessory structure =.6m Both Jennifer Rego and Brian Durate, the applicants, appeared on their own behalf. They submitted a petition in support of the application from the following people: Daniele and Giuseppina Alimena, 268 Drummond Drive, Maple, Ontario, L6A 3C1; Pio and Santina Orsini, 264 Drummond Drive, Maple, Ontario, L6A 3C1; Carlo D Grasmo and Antonella De Vuono, 54 Cassia Crescent, Maple, Ontario L6A 3N3; Christina Mozzone, 51 Cassia Crescent, Maple, Ontario, L6A 3N3 and Chabilall Ramnarine, 50 Cassia Crescent, Maple, Ontario, L6A 3N3. It should be noted that there were no request for copies of the decision from the above mentioned petitioners. There was no one in attendance either in support of or in opposition to the request. During discussions between the applicants and the Committee, it was agreed to adjourn the application to the February 22, 2007 meeting. The Committee requested verification in the form of revised comments, that the City s Engineering Department visited the property. The Development Planning Department made the following written comments: The Committee of Adjustment and the Development Planning Department have considered applications of a similar nature in the past. Generally, this Department does not support a reduction of less than 0.3m or greater to ensure that there is sufficient space between the garden shed and the property line to ensure that any snow and rain run-off is fully contained within the applicant s property. Based on a site visit conducted on January 18, 2007, there would be snow and rain run-off from the peaked roof of the shed onto the neighbouring properties, given the proximity of the shed to the fence and property line. On this basis, the Development Planning Department does not support the requested variances. The above-noted minor variances are not considered to be minor in nature, are not compatible with the surrounding land uses, nor appropriate for the development of the subject lands. On this basis, the Development Planning Department does not support Minor Variance Application A038/07. Page 16 of 24

17 MINOR VARIANCE PUBLIC HEARING: 10. FILE NO.: A038/07 JENNIFER REGO AND BRIAN DURATE The Engineering Department made the following written comments: The Engineering Department cannot support this application due to the fact that the accessory structure is encroaching onto the drainage swale. As a result, drainage from adjacent properties will be adversely affected. The Engineering Department requires a minimum of 0.6m side yard and rear yard setback for drainage swale. There were no other objections from any Departments or Agencies. MOVED by D. H. Kang Seconded by M. S. Panicali THAT Application No. A038/07 JENNIFER REGO & BRIAN DUARTE, be ADJOURNED TO THE FEBRUARY 22, 2007 MEETING, to allow the applicant to co-ordinate with the Engineering Department and obtain updated comments. 11. FILE NO.: A039/ ONTARIO LIMITED Part of Lot 18, Concession 6, (Lot 73, Registered Plan No. 65M-3921, municipally known as 108 Grand Vellore Cres., Woodbridge). The subject lands are zoned RV2 Residential Urban Village Zone Two, under By-Law 1-88 as amended and further subject to Exception 9(1024). The purpose of this application is to request a variance to permit the construction of a two storey single family detached dwelling as follows: Proposal: 1. Minimum side yard setback to retaining wall 0.9m. 1. Minimum side yard setback to retaining wall 1.7m. Surinder Chandi, the agent, appeared on behalf of the applicant. There was no one in attendance either in support of or in opposition to the request. There were no objections from any Departments or Agencies. 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. Seconded by J. Cesario THAT Application No. A039/ ONTARIO LIMITED, be APPROVED, in accordance with the sketch attached. Page 17 of 24

18 MINOR VARIANCES PUBLIC HEARING:. 12. FILE NO.: A040/07 ARBAND INVESTMENTS LTD. Part of Lot 18, Concession 3, (Part of Block 121, Registered Plan No. 65M-3941, Unit # 1, municipally known as 121 Sir Sanford Fleming Way, Maple). The subject lands are zoned RT1, Residential Townhouse Zone, under By-law 1-88 subject to Exception 9(1234) as amended. The purpose of this application is to request a variance to permit the construction of a two storey townhouse unit as follows: Proposal: Minimum exterior side yard setback abutting a greenway or buffer block = 2.85m. Minimum exterior side yard setback abutting a greenway or buffer block = 3.5m. James McEvilly, the agent, appeared on behalf of the applicant. There was no one in attendance either in support of or in opposition to the request. The Development Planning Department made the following written comments: The Development Planning Department provided comments to the Committee of Adjustment for the above-noted application on January 31, 2007 which did not support the request on the basis that the retaining wall would interfere with the required acoustic fencing that was required to be erected on the subject lands. The Applicant has since revised the application and has removed the retaining wall that was illustrated on the original application. The proposed setback and acoustic fencing that is required as a condition of the subdivision agreement will not conflict with the retaining wall as it has now been removed. The grade has been altered to reflect the removal of the retaining wall. On this basis, the Development Planning Department has no objection to the requested variance as it will not interfere with any of the requirements regarding acoustic fencing on the subject lands. The above-noted variance is considered to be minor in nature, is considered to be consistent and compatible with the surrounding land uses, and is appropriate for the development of the subject lands. On this basis, the Development Planning Department has no objection to Minor Variance Application A040/07. There were no other 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 J. Cesario Seconded by D. H. Kang THAT Application No. A040/07 ARBAND INVESTMENTS LTD., be APPROVED, in accordance with the sketch attached. Page 18 of 24

19 MINOR VARIANCES PUBLIC HEARING:. 13. FILE NO.: A041/ ONTARIO LIMITED / MARBON HOLDINGS INC. Part of Lot 12, Concession 5, (Block 1, Registered Plan No. 65M-3769, municipally known as 8787 Weston Road, Woodbridge, recently changed from 210 Westcreek Drive). The subject lands are zoned C7, Service Commercial under By-Law 1-88 as amended and further subject to Exception 9(1110). The purpose of this application is to request a variance to permit the construction of a mezzanine to an eating establishment and second flloor units to a multiple retail building, notwithstanding, the proposed changes to the existing By-Law & current By-Law requirements are as follows: Proposal: 1. Minimum parking spaces provided Minimum parking spaces required 356. Other Planning Act Applications The lands which is the subject in this application was also the subject of an application under the Planning Act for: Site Plan Application DA Approved Zoning Amendment Z Approved Nino Rico, the agent, appeared on behalf of the applicant. There was no one in attendance either in support of or in opposition to 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 L. Fluxgold Seconded by D. H. Kang THAT Application No. A041/ ONTARIO LIMITED / MARBON HOLDINGS INC., be APPROVED, in accordance with the sketches attached. Page 19 of 24

20 MINOR VARIANCE PUBLIC HEARING: 14. FILE NO.: A042/07 JOSEPH RAPPAPORT Part of Lot 29, Concession 1 (Lot 82, Registered Plan M Municipally known as 61 Bevshire Circle, Thornhill). The subject lands are zoned R3, Residential Zone Three and subject to the provisions of Exception Number 9(471) under By-law 1-88 as amended. The applicant is requesting a variance to permit the construction of a proposed second floor addition over the existing garage and extended over a portion of the front yard landscaping. The proposed structure is attached to the existing two-storey single family detached dwelling with a two car garage, notwithstanding, the proposed changes to the existing By-Law & current By-Law requirements are as follows: Proposal: 1. To permit a second storey addition above an existing garage with a westerly interior side yard setback of 1.49 metres. 1. A minimum interior side yard setback of 1.8 metres is required for a second storey. Richard Idels, O.A.A., the agent, appeared on behalf of the applicant. On February 5, 2007, letters of support were received from the following people: Mr. Joel Miskin, 65 Bevshire Circle, Thornhill, Ontario, L4J 5C5; Harold Sabovich, 55 Bevshire Circle, Thornhill, Ontario, L4J 5C5; David Fihser, 64 Bevshire Circle, Thornhill, Ontario, L4J 5C5; and Ashley Berman, 60 Bevshire Circle, Thornhill, Ontario, L4J 5C5. There was no one in attendance either in support of or in opposition to 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 L. Fluxgold Seconded by J. Cesario THAT Application No. A042/07, JOSEPH RAPPAPORT, be APPROVED in accordance with the sketch attached Page 20 of 24