The Minutes of the 13th Meeting of the Vaughan Committee of Adjustment for the year 2000 Thursday JULY 06, 2000

Transcription

1 The Minutes of the 13th Meeting of the Vaughan Committee of Adjustment for the year 2000 Thursday JULY 06, 2000 Present at the meeting were: 6:08 p.m. M. Mauti T. DeCicco L. Fluxgold K. Hakoda Members of Staff present: Dianne E.L. Grout, Secretary-Treasurer Odette McIntyre, Assistant to the Secretary-Treasurer Armine Hassakourians, Plans Examiner INTRODUCTION OF ADDENDUM REPORTS MOVED by L. Fluxgold Seconded by K. Hakoda That the addendum reports be incorporated into the minutes and be on view at the back of the room in the Report Book. CARRIED DISCLOSURE OF PECUNIARY INTEREST L. Fluxgold declared a conflict of interest with respect to Item # 12, File No. B60/00 -TORONTO AND REGION CONSERVATION AUTHORITY as the authorised agent is an associate. ADOPTION OR CORRECTION OF MINUTES MOVED by L. Fluxgold Seconded by T. DeCicco THAT the minutes of the Committee of Adjustment Meeting of June 22, 2000 be adopted as circulated. CARRIED ADJOURNMENTS AND/OR DEFERRALS There were no adjournments and/or deferrals. ADMINISTRATIVE CORRECTIONS MOVED by L. Fluxgold Seconded by K. Hakoda THAT Item # 8, HEATHER SPEAR, File No. A204/00, be CORRECTED, as follows: The information on the file should read Lot 1, Registered Plan No

2 NOT: Part of Lot 1, Registered Plan No. 65M CARRIED 2

3 CONSENT & MINOR VARIANCE PUBLIC HEARING (Consent Item Previously adjourned ) 1. FILE NOS. B38/00 and A160/00 & ANGIE TRAIFOROS 2. LOCATION Part 4, Reference Plan No. 64R-7535, (Part of Lot 30, Concession 9), municipally known as Huntington Road, Kleinburg. PROPOSALS B38/00 -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 rural residential purposes, and retain lands for rural residential purposes. There are two buildings on the subject lands marked A and the retained lands have four buildings, (home, garage, and two barns.) By-law 1-88 zones the subject and retained lands "A" Agricultural. A160/00 - The applicant is requesting a variance to facilitate the consent application B38/00 whereby the subject land has a reduced minimum lot size of 8.5ha. rather than By-law requires minimum lot area of subject land to be 9.2ha. Robert J. Miller, the agent, appeared on behalf of the applicant and had nothing to add regarding the requests. There was no one in attendance either in support of or in opposition to the request. There were no objections from any Departments or Agencies and any conditions of approval are listed below. MOVED by L. Fluxgold Seconded by K. Hakoda THAT Application No. B38/00, ANGIE TRAIFOROS, be APPROVED, subject to the following conditions: 1. Payment to the City of Vaughan of a Tree Fee if required, approved by Council as of the date of granting the consent. Payment is to be made by certified cheque, to the satisfaction of the Finance Department and Parks Department; 2. That the owner shall pay all taxes as levied, if required, to the satisfaction of the Finance Department; (contact Linda Nelson in the Finance Department to have this condition cleared). 3. The applicant shall provide the City of Vaughan with an appraisal report and valuation of the subject land (land only) to be prepared by an accredited appraiser, if required. Payment of a Parkland levy to the City in lieu of the deeding of land for park purposes shall be made if a new lot is being created. Said levy is to be 5% of the appraised market 3

4 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

5 CONSENT & MINOR VARIANCE PUBLIC HEARING (Consent Item Previously adjourned ) 1. FILE NOS. B38/00 and A160/00 & ANGIE TRAIFOROS That the zoning by-law be in full force and effect, if required, to the satisfaction, of the Building Standards Department; 5. That the owner shall convey 7.50metre wide strip of land along Huntington Road municipal road allowance to the City of Vaughan at no cost and free of charge and encumbrance to the City, if required, to the satisfaction of the Engineering Department; 6. That the owner shall arrange to prepare and register a reference plan at his expense for the conveyance of the required road widening and/or 0.3m reserve, if required, to the satisfaction, of the Engineering Department; 7. That a by-law shall be passed dedicating the road widening and/or 0.3m reserve as public highway, if required to the satisfaction of the Engineering Department; 8. That the owner shall pay to the City of Vaughan all cost to register the dedication By-law for the aforementioned (0.3m reserve/road widening), if required, to the satisfaction of the Clerk's Department; 9. That the applicant provide a tree fee at $ each for 12 trees along the frontage of Huntington Road, if required, to the satisfaction of the Urban Design Department; That the corresponding minor variance application, File No. A160/00 - ANGIE TRAIFOROS, be approved and be in full force and effect; 11. Submission to the Secretary-Treasurer of three (3) white prints of a registered deposited reference plan of survey, showing the subject land which conforms with the application submitted and which shows the dimensions and areas of each part shown on the plan; 12. Upon fulfilling and complying with all of the above-noted conditions, and only if required, the Secretary-Treasurer of the Committee of Adjustment must be provided with three (3) copies of the Transfer/Deed of Land for the subject land to be stamped accordingly; or may provide a Certificate to the Applicant stating the Consent has been given in certain cases; 13. 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 $100.00, provided all conditions of approval have been fulfilled and all required documents are submitted by 11:30am. that day; 14. Prior to the issuance of a building permit, if required, the applicant shall fulfill and comply with all of the above noted consent conditions; 15. Pursuant to Section 53(20) of the Planning Act, the applicant shall have a period of one year from the date of the Committee of Adjustment giving Notice of the herein Decision to the Applicant to fulfill and comply with all of the (above-noted) conditions, if required, of Consent, failing which the application for consent shall thereupon deem to be refused; 5

6 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. 6

7 CONSENT & MINOR VARIANCE PUBLIC HEARING (Consent Item Previously adjourned ) 1. FILE NOS. B38/00 and A160/00 & ANGIE TRAIFOROS 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 the Hydro Development Charge is payable to the City of Vaughan before issuance of a building permit in accordance with the Development Charges Act and Vaughan Hydro s Development Charge By-law in effect at the time of payment; CARRIED The Committee is of the opinion that the variance sought can be considered minor and is desirable for the appropriate development and use of the land. The general intent and purpose of the Bylaw and the Official Plan will be maintained. MOVED by L. Fluxgold Seconded by K. Hakoda THAT Application No. A160/00 - ANGIE TRAIFOROS, be APPROVED, subject to the following conditions: 1. That the corresponding Consent Application, File No. B38/00 - ANGIE TRAIFOROS, be approved and be in full force and effect; 2. That the owner shall convey 7.50 metre wide strip of land along Huntington Road municipal road allowance to the City of Vaughan at no cost and free of charge and encumbrance to the City, if required, to the satisfaction of the Engineering Department; 3. That the owner shall arrange to prepare and register a reference plan at his expense for the conveyance of the required road widening and/or 0.3m reserve, if required, to the satisfaction, of the Engineering Department; 4. That a by-law shall be passed dedicating the road widening and/or 0.3m reserve as public highway, if required to the satisfaction of the Engineering Department; 5. That the owner shall pay to the City of Vaughan all cost to register the dedication By-law for the aforementioned (0.3m reserve/road widening), if required, to the satisfaction of the Clerk's Department; CARRIED MINOR VARIANCE PUBLIC HEARING 3. FILE No. A204/00 (on hold since JULY, 1999) 7

8 HEATHER SPEAR - NORTHWOOD ACADEMY LOCATION Lot 1, Registered Plan No (Part of Lot 31, Con. 1), municipally known as 86 Centre Street. 8

9 MINOR VARIANCE PUBLIC HEARING 3. FILE No. A204/00 HEATHER SPEAR - NORTHWOOD ACADEMY PROPOSAL The applicant is requesting variances to permit the maintenance of an existing 1½ storey dwelling to be converted to a school, notwithstanding, the interior side yard setbacks are 8.8m (eastside), 9m (westside), front yard setback is 8.8m, minimum landscape strip abutting residential zone is 1.0m, rather than the by-law requires 15.0m setbacks on all sides/front, and minimum landscape strip abutting residential zone of 2.4m. accessory building, (garden shed), notwithstanding, the shed is 15.6m 2, rather than the by-law requires an accessory building be a maximum of 6.0m 2, and the building height will be 3.246m, rather than the By-law requires maximum building height be 2.5m. By-law 1-88 zones this parcel R1V" Old Village Residential. Murray Evans of Evans Planning, the agent, appeared on behalf of the applicant and gave a submission regarding this matter with the aid of a site plan and photos, giving an explanation of the variances. He adressed the concerns of the residents and the four tests of the Planning Act. He also submitted a letter of support from Allan Wipper, 3 Thornbank Road, Thornhill, Ontario, L4J 2A1. Charles MacLean, 7 Thornbank Road, Thornhill, Ontario, L4J 2A1, appeared in opposition to the proposed variances. He raised concerns about the major nature of the variances, stated that they would destroy the historical and unique character of the neighbourhood and that the creation of a private school at that location would add to the already dangerous traffic problem at a nearby four way stop. Linda Pattinson, 9 Thornbank Road, Thornhill, Ontario, L4J 2A1, agreed with Mr. MacLean s opposition and wanted to share the results of her own traffic study that she conducted from 8.15am to 9.30am at the four way stop and confirmed the dangerous traffic patterns Mr. MacLean had mentioned. She introduced letters of opposition from Irene Downes, 34 Thornbank Road, Thornhilll, Ontario, L4J 2A2, and from Chuck Sowdon, 151 Brooke Street, Thornhill, Ontario, L4J 1Z2, all expressing similar concerns. Terri MacLean, 7 Thornbank Road, Thornhill, Ontario, L4J 2A1, appeared in opposition to the variances. She agreed with her husband s submission and wanted to add that the subject property parking lot would severely interfere with the enjoyment of their own property. Terry Goodwin, 122 Thornridge Drive, Thornhill, Ontario, L4J 1E3, appeared in opposition to the variances. He reiterated the problems with traffic congestion and safety that had been pointed out by previous speakers. Murray Evans, the agent, came forward again and stated that traffic would not be an issue as he anticipated an average of six cars per ½ hour during peak hours to be generated by the school. He indicated that the R1V zoning permits the private school use and could consider moving the existing building to the back of the lot where no variances would be required but would impact more negatively on the neighbourhood. 9

10 There was no one else in attendance either in support of or in opposition to the request. 10

11 MINOR VARIANCE PUBLIC HEARING 3. FILE No. A204/00 HEATHER SPEAR - NORTHWOOD ACADEMY A fax was received from Charles and Terri MacLean, 7 Thornbank Road, Thornhill, Ontario, L4J 2A1, in opposition to the request. They raised issues regarding the increase in traffic and the loss of character for the neighbourhood. They also pointed out that application DA had been turned down before the Committee of the Whole. A fax was received from Corey Rubinoff, 6 Thornbank Road, Thornhill, Ontario, L4J 2A2, in opposition to the request. Corey Rubinoff expressed concerns about the increase in traffic flow and noise levels that would result from a new school. There were no 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 L. Fluxgold Seconded by K. Hakoda THAT Application A204/99, HEATHER SPEAR - NORTHWOOD ACADEMY, be REFUSED. CARRIED 4. FILE NO. A113/00 ROMAN CATHOLIC ARCHDIOCESE OF TORONTO (Previously adjourned item) LOCATION Block 215, Draft Plan of Subdivision 19T-89024, (Part of Lot 16, Concession 6), municipally located on Saint Clare Blvd., (Vellore Village Estates) Woodbridge. PROPOSAL The applicant is requesting variances to permit the construction of a two storey church complex, community space, offices, and residence for the clergy, notwithstanding: 1) landscape strip on the North side will be 0.0m, East and West side will be 3.0m, rather than the by-law requires landscape strip on North side of 2.4m, East and West side of 6.0m, 2) Building height will be 16.0m, rather than the by-law requires 11.0m, By-law 1-88 zones this parcel RVM1" (WS-B) Residential Urban Village Multiple Dwelling Zone One. Nino Rico, the agent, appeared on behalf of the applicant and had nothing to add regarding the request. There was no one in attendance either in support of or in opposition to the request. Vaughan Council has considered and approved Site Development Application DA for the proposed 11

12 church on June 12, There were no objections from any Departments or Agencies and any conditions requested are listed below. 12

13 MINOR VARIANCE PUBLIC HEARING: 4. FILE NO. A113/00 ROMAN CATHOLIC ARCHDIOCESE OF TORONTO (Previously adjourned item) 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 THAT Application No. A113/00, ROMAN CATHOLIC ARCHDIOCESE OF TORONTO, be APPROVED, subject to the following conditions: 1. That the variances for the reduction in landscape strip on the north, east and west side, increase in building height, are conditional upon the property being constructed in accordance with the requested variances as shown on the attached sketch forming part of this application, to the satisfaction of the Building Standards Department; 2. That the applicant provide a detailed tree survey and assessment plan/indicating all trees which are to be preserved, removed and the condition of each (including caliper size, height of tree, condition and whether to be preserved or removed). Also include, tree protection fencing for all trees which are to remain. This shall be subject to approval and requirement as part of the Site Plan Approval Process, if required, to the satisfaction of the Urban Design Department; 3. That upgraded landscape planting be implemented along St. Victor Ave., St. Damian Ave. and St. Francis Ave., due to significant reduced setbacks/to include conifers at 2500 mm in height, deciduous trees at 80mm caliper an deciduous shrubs at 900 mm in height, if required, to the satisfaction of the Urban Design Department; 4. That a detailed landscape plan to be submitted, if required, to the satisfaction of the Urban Design Department; 5. 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. CARRIED. 5. FILE NO. B58/00 ALFRED & ANN LUCKASAVITCH LOCATION Part of Lot 6, Concession 2, municipally known as 110 King High Drive, Thornhill. PROPOSAL 13

14 The purpose of this application is to request the consent of the Committee of Adjustment to convey a parcel of land for residential purposes and retain land for residential purposes. 14

15 5. FILE NO. B58/00 ALFRED & ANN LUCKASAVITCH There is an existing one-storey single family dwelling that straddles both the subject and retained lands, which will be demolished. There are single family detached dwellings proposed for both the subject and retained lands. By-law 1-88 zones the subject land and the retained land as R3 Single Family Detached Dwelling. Vince Tersigni appeared on behalf of the applicant and gave a brief submission regarding the request. There was no one in attendance either in support of or in opposition to the request. There were no objections from any Departments or Agencies and any conditions requested are listed below. MOVED by L. Fluxgold Seconded by K. Hakoda THAT Application No. B58/00 - ALFRED & ANN LUCKASAVITCH, 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; 2. That the owner shall pay all taxes as levied, if required, to the satisfaction of the Finance Department; (contact Linda Nelson in the Finance Department to have this condition cleared). 3. That the existing residential dwelling be demolished, if required, to the satisfaction of the Building Standards Department; 4. That the applicant provide 1 boulevard tree for each lot or cash in lieu in the amount of $ for each tree, to be paid to the City of Vaughan Finance Department, if required, to the satisfaction of the Urban Design Department; 5. 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. 6. Upon fulfilling and complying with all of the above-noted conditions, and only if required, the Secretary-Treasurer of the Committee of Adjustment must be provided with three (3) copies of the Transfer/Deed of Land for the subject land to be stamped accordingly; or may provide a Certificate to the Applicant stating the Consent has been given in certain cases. 7. A fee of $ made payable to the Treasurer City of Vaughan shall be submitted to the Secretary-Treasurer for the issuance of the Certificate/stamping of the deeds. It will be necessary to allow up to three (3) working days after all conditions have been fulfilled and 15

16 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. 16

17 5. FILE NO. B58/00 ALFRED & ANN LUCKASAVITCH 8. Prior to the issuance of a building permit, if required, the applicant shall fulfill and comply with all of the above noted consent conditions. 9. Pursuant to Section 53(20) of the Planning Act, the applicant shall have a period of one year from the date of the Committee of Adjustment giving Notice of the herein Decision to the Applicant to fulfill and comply with all of the (above-noted) conditions, if required, of Consent, failing which the application for consent shall thereupon deem to be refused. PLEASE NOTE: 1. That the payment of the Regional Development Charge is payable to the City of Vaughan before issuance of a building permit in accordance with the Development Charges Act and the Regional Development Charges By-law in effect at the time of payment. 2. That the payment of the City Development Charge is payable to the City of Vaughan before issuance of a building permit in accordance with the Development Charges Act and the City's Development Charges By-law in effect at the time of payment. 3. That the payment of the Education Development Charge is payable to the City of Vaughan before issuance of a building permit in accordance with the Development Charges Act and the Boards of Education By-laws in effect at the time of payment. 4. That the payment of the Hydro Development Charge is payable to the City of Vaughan before issuance of a building permit in accordance with the Development Charges Act and Vaughan Hydro s Development Charge By-law in effect at the time of payment; CARRIED 6. FILE NO. B59/00 GUIDO CINELLI LOCATION (Part of Lot 26, Concession 6), municipally known as 4100 Teston Road. PROPOSAL The purpose of this application is to request the consent of the Committee of Adjustment to convey a parcel of land for the creation of a new lot for estate residential purposes and retain land for residential purposes. There is one building proposed on the subject land, the retained land has two buildings (dwelling and barn). By-law 1-88 zones the subject and retained lands "A" Agricultural and OS1" Open Space Conservation. 17

18 Vincent Baffa, the agent, appeared on behalf of the applicant and gave a brief submission regarding the requests. There was no one in attendance either in support of or in opposition to the request. 18

19 6. FILE NO. B59/00 GUIDO CINELLI 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. B59/00, GUIDO CINELLI, be APPROVED, subject to the following conditions: 1. Payment to the City of Vaughan of a Tree Fee if required, approved by Council as of the date of granting the consent. Payment is to be made by certified cheque, to the satisfaction of the Finance Department and Parks Department; 2. That the owner shall pay all taxes as levied, if required, to the satisfaction of the Finance Department; (contact Linda Nelson in the Finance Department to have this condition cleared). 3. The applicant shall provide the City of Vaughan with an appraisal report and valuation of the subject land (land only) to be prepared by an accredited appraiser, if required. Payment of a Parkland levy to the City in lieu of the deeding of land for park purposes shall be made if a new lot is being created. Said levy is to be 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. The Regional Transportation and Works Department is protecting a 36.0 metre right-of-way for this section of Teston Road, therefore, the Regional Transportation and Works Department requests that all municipal setbacks be referenced from a point 18.0 metres from the centreline of Teston Road, if required, to the satisfaction of York Region, Transportation and Works Department; 5. That the owner shall convey to the Region a road widening along the entire frontage of the subject lands, adjacent to Teston Road, of sufficient width to provide 18.0 metres from the centreline of Teston Road, free of all costs and encumbrances, if required, to the satisfaction of the Regional Solicitor; 6. That the owner shall provide a solicitor s certificate of title in a from satisfactory to the Regional Solicitor, at no cost to the Region, with respect to the conveyance of lands to the Regional Municipality of York, if required, to the satisfaction of York Region, Transportation and Works Department; 7. That any access proposed to the conveyed lands is subject to review by the Regional Municipality of York, if required, to the satisfaction of the York Region, Transportation and Works Department; 8. The review of consent applications are subject to Transportation Development Review Fees as identified in Regional By-law A , enacted October 1, The fees are set as follows: 19

20 Review of Consents/Severances: $ for the first lot and $ for each lot thereafter. These fees apply to sites that directly abut and/or have an impact on Regional roads. Fees for consent applications are requested as a condition of approval. 20

21 6. FILE NO. B59/00 GUIDO CINELLI Fees must be paid in the form of a CERTIFIED CHEQUE payable to The Regional Municipality of York and forwarded to the attention of Val Williams, P. Eng. All fees must be submitted with a brief covering letter stating the site to which they apply and the applicable Regional file number. The total fee for the review of this application is $500.00, if required, to the satisfaction of 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; Upon fulfilling and complying with all of the above-noted conditions, and only if required, the Secretary-Treasurer of the Committee of Adjustment must be provided with three (3) copies of the Transfer/Deed of Land for the subject land to be stamped accordingly; or may provide a Certificate to the Applicant stating the Consent has been given in certain cases; 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/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 $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 fulfill and comply with all of the above noted consent conditions; 13. Pursuant to Section 53(20) of the Planning Act, the applicant shall have a period of one year from the date of the Committee of Adjustment giving Notice of the herein Decision to the Applicant to fulfill and comply with all of the (above-noted) conditions, if required, of Consent, failing which the application for consent shall thereupon deem to be refused; PLEASE NOTE: 1. That the payment of the Regional Development Charge is payable to the City of Vaughan before issuance of a building permit in accordance with the Development Charges Act and the Regional Development Charges By-law in effect at the time of payment. 2. That the payment of the City Development Charge is payable to the City of Vaughan before issuance of a building permit in accordance with the Development Charges Act and the City's Development Charges By-law in effect at the time of payment. 3. That the payment of the Education Development Charge is payable to the City of Vaughan before issuance of a building permit in accordance with the Development Charges Act and the Boards of Education By-laws in effect at the time of payment. 4. That the payment of the Hydro Development Charge is payable to the City of Vaughan before issuan 21

22 ce of a buildin g permit in accord ance with the Develo pment Charg es Act and Vaugh an Hydro s Develo pment Charg e Bylaw in effect at the time of payme nt; CARRIED. At this time L. Fluxgold left the Council Chambers and did not take part in the next item. 22

23 7. FILE NO. B60/00 TORONTO AND REGION CONSERVATION AUTHORITY LOCATION Part 1, Reference Plan No. 65R-22097, (Part of Lot 16, Concession 4), known as Rutherford Road ( ) North Side, between Keele and Jane Street. PROPOSAL The purpose of this application is to request the consent of the Committee of Adjustment to grant an easement in favour of the lands to the West, being Villa Giardino (Maple) Homes Ltd. and the Corporation of the City of Vaughan and retain land for conservation purposes. By-law 1-88 zones the subject and retained lands "OS1" Open Space Conservation Zone. Fausto Rosetto, 7877 Keele Street, Ste. #2, Concord, Ontario, L4K 4X3, appeared as the agent, on behalf of the applicant and gave a brief submission regarding the requests. There was no one in attendance either in support of or in opposition to the request. There were no objections from any Departments or Agencies and any conditions requested are listed below. MOVED by T. DeCicco Seconded by K. Hakoda THAT Application No.B60/00, TORONTO AND REGION CONSERVATION AUTHORITY, be APPROVED, subject to the following conditions: 1. That the applicant provide to the Secretary Treasurer a letter of undertaking, stating that the lands in question are (in favour of or taken into the title of the lands to the West; 2. This consent is given on the express understanding that Subsection 3 or Subsection 5 of Section 50 of the Planning Act shall apply to any subsequent conveyance in respect to the subject lands; 3. Submission to the Secretary-Treasurer of three (3) white prints of a registered deposited reference plan of survey, showing the subject land which conforms with the application submitted and which shows the dimensions and areas of each part shown on the plan; 4. Upon fulfilling and complying with all of the above-noted conditions, and only if required, the Secretary-Treasurer of the Committee of Adjustment must be provided with three (3) copies of the Transfer/Deed of Land for the subject land to be stamped accordingly; or may provide a Certificate to the Applicant stating the Consent has been given in certain cases; 5. 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 $100.00, provided all conditions of approval have been fulfilled and all required documents are submitted by 11:30am. that day; 23

24 7. FILE NO. B60/00 TORONTO AND REGION CONSERVATION AUTHORITY 6. Prior to the issuance of a building permit, if required, the applicant shall fulfill and comply with all of the above noted consent conditions; 7. Pursuant to Section 53(20) of the Planning Act, the applicant shall have a period of one year from the date of the Committee of Adjustment giving Notice of the herein Decision to the Applicant to fulfill and comply with all of the (above-noted) conditions, if required, of Consent, failing which the application for consent shall thereupon deem to be refused. CARRIED L. Fluxgold returned to the Council Chambers for the rest of the hearing. CONSENT & MINOR VARIANCE PUBLIC HEARING 8. FILE NOS. B61/00, A170/00 & A171/00 to B61/00 & A170/00 - JACK SERRUYA A171/00 - BARBARA ZIMMERMAN LOCATION Part of Lot 25, Registered Plan 3319 (Part of Lot 29, Concession 1) municipally known as 166 Arnold Avenue and 1 Pondview Road (respectively). PROPOSALS The purpose of this application is to request: B61/00 - The consent to convey a parcel of land as an addition to an existing lot taken into the title of the land to the north for residential purposes and retain land for residential purposes. A170/00 - A variance to facilitate the severance of the total lands (File No. B61/00 retained land), notwithstanding, the lot coverage will be 22%, rather than the By-law requires the lot coverage to be 20%.By-law 1-88 zones this parcel R1V" Old Village Residential. A171/00 - A variance to permit the construction of a single family dwelling, notwithstanding, the lot coverage will be of 33% rather than the By-law requires a maximum lot coverage of 20%, the minimum lot frontage will be of 12m rather than the By-law requires a minimum of 30m, the minimum front yard will be of 3.5m rather than the By-law requires 9m and the minimum rear yard setback from the westerly lot line will be of 1.2m rather than the By-law requires a minimum rear yard setback of 9m. By-law 1-88 zones this parcel R2" Residential & R1V" Old Village Residential. Peter Cheatly, the agent, appeared on behalf of the applicant and gave a submission regarding the request and provided the Committee with a chart that shows a comparison of zoning requirements between R1V Old Village Residential and R2" Residential zones. With the aid of this chart, he indicated that the variances requested are not as onerous as they first appear to be. The Committee asked if the applicant would move the proposed dwelling closer to the front lot line to provide for a larger rear yard setback and also agree to provide landscape screening on the 24

25 west side of the lot. The applicant replied that they would be agreeable to these suggestions. During this discussion, it was pointed out by staff that moving the footprint of the house within the boundaries of the lot would necessitate the recirculating of the applications. 25

26 CONSENT & MINOR VARIANCE PUBLIC HEARING Cont d 8. FILE NOS. B61/00, A170/00 & A171/00 Cont d to B61/00 & A170/00 - JACK SERRUYA A171/00 - BARBARA ZIMMERMAN James Gasciola, 170 Arnold Avenue, Thornhill, L4J 1B7, appeared in opposition to the applications. He read his submission giving history regarding previous applications and decisions. He indicated that the proposed massive home will restrict his enjoyment of his yard due to the reduced rear yard setbacks. He stated that he would be favourable to a rear yard setback larger than the one proposed and a landscape screening along the entire west yard as recommended on the east side by Urban Design. Larry Morra, 32 Longview Crescent, Thornhill, Ontario, L4H 1A8, a friend of the Gasciola family, appeared in opposition. He provided photos depicting the yard, the vegetation and the homes being built in the neighbourhood. Martin Zimmerman, requested to speak on behalf of his application and reiterated, in his own words, the history and the background of the area and his property. He provided the Committee with site plans. The Comitttee asked if an agreement could be reached with his neighbour regarding his applications. The Committee recommended the application be stood down to allow the applicant and his neighbour time to come to a mutual agreement, to which the applicant agreed. There was no one else in attendance either in support of or in opposition to the request. A fax from Helen & Hy Bergel, 1018 Finch Avenue West, 5 th Floor, Toronto, Ontario M3J 2E1, who reside at 35 Franklin Avenue, Thornhill, Ontario, L4J 2H2, was received and related to concerns about the future use of Lot 26 (170 Arnold). They expressed the wish that no further concessions be made in regards to Lot 26. Moved by T. DeCicco seconded by K. Hakoda THAT Item Nos. 8-10, B61/00, A170/00 & A171/00 - JACK SERRUYA - BARBARA ZIMMERMAN, be STOOD DOWN, to the end of the hearing to enable the neighbour and applicant to come to some agreement. CARRIED 11. FILE NO. A172/00 BERND SPECKER LOCATION Lot 25, Registered Plan M-1115, (Part of Lot 9, Concession 7), municipally known as 110 Willis Road, Woodbridge. 26

27 PROPOSAL The applicant is requesting variance to permit the construction of a proposed one-storey attached single car garage, to an existing two-storey single family detached dwelling, notwithstanding, the minimum interior side yard setback will be 0.6m, rather than the By-law requires the minimum interior side yard setback to be 1.2m. 27

28 MINOR VARIANCE PUBLIC HEARING: 11. FILE NO. A172/00 BERND SPECKER Bernd G. Specker appeared on his own behalf and gave a brief submission regarding the request. There was no one in attendance either in support of or in opposition to the request. The Urban Design Department made the following written comments :... due to the significantly reduced side yard setback (.6m), this will greatly impede the drainage capabilities in this area. There were no other objections from any Departments or Agencies and any conditions requested are listed below. The Committee is of the opinion that the variances sought can be considered minor and are desirable for the appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will be maintained. MOVED by K. Hakoda Seconded by L. Fluxgold THAT Application No. A172/00, BERND SPECKER, be APPROVED, subject to the following conditions: 1. That the applicant obtain a permit under Ontario Regulation 158, from this office for the addition, prior to the issuance of municipal building or construction permits, if required, to the satisfaction of the Toronto and Region Conservation Authority; 2. That the variance for the reduction in the minimum interior side yard setback is conditional upon the garage being constructed in accordance with the attached sketch, to the satisfaction of the Building Standards Department. 3. 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. CARRIED It should be noted that T. DeCicco left the Council Chambers at 7:46 pm and returned at 7:48 pm and didn t vote on the above matter. 12. FILE NO. A173/00 GLORIA BERNHOLTZ LOCATION Lot 37, Registered Plan 65M-3173, (Part of Lot 33, Concession 1), municipally known as 26 28

29 Sanibel Crescent. 29

30 MINOR VARIANCE PUBLIC HEARING: 12. FILE NO. A173/00 Cont d.. GLORIA BERNHOLTZ PROPOSAL By-law 1-88 zones this parcel R2 Single Family Detached Dwelling. The applicant is requesting variances to permit the maintenance of an existing two-storey single family dwelling, with an attached 2-car garage, notwithstanding, the proposed driveway width measured at the street curb will be 7.62m, rather than the By-law requires the driveway width measured at the street curb to be 6.0m and the maintenance of the existing curb cut with a maximum width of 6.4m, rather than the By-law requires the maximum curb cut to be 6.0m. Joanne Barnett, the agent, appeared on behalf of the applicant and gave a brief submissionregarding the request. She introduced a letter of support from Valerie Leybman, 20 Sanibel Crescent, Thornhill, Ontario, L4J 8G9 stating that she had no objections to the request. The Committee inquired if the applicant had reviewed the comments from Engineering Department. The agent showed pictures of the location demonstrating that there are no infrastructure in the way of the request. There was no one in attendance either in support of or in opposition to the request. A fax was received from Carl F. Herrmann, from Windemere Heights Homes, 130 La Page Court, #15, Downsview, Ontario, M3J 3J1, stating that they will not be held responsible, or liable, for any costs or damages that occur due to the application. Engineering Department made the following written comments regarding the application : The Engineering Department staff have visited the site in response to the application to widen the driveway. We can advise that there are boulevard items they would be adversely impacted by the proposed widening. The widen driveway and required curb cut are not in conformity with By-law 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 Seconded by K. Hakoda THAT Application No. A173/00, GLORIA BERNHOLTZ, be APPROVED, subject to the following condition: 1. That if a Building Permit is not issued, based upon the decision of the Committee of Adjustment within twelve (12) months of the date this decision becomes final and binding, 30

31 CARRIED the said decision shall expire and shall be deemed to have been annulled and rescinded by the Committee. 31

32 MINOR VARIANCE PUBLIC HEARING: 13. FILE NO. A174/00 ADRIANA AND LUCIANO CARAVATTA LOCATION Lot 355, Registered Plan 65M-3338, (Part of Lot 4, Concession 24), municipally known as 87 Purcell Crescent, Maple. PROPOSAL By-law 1-88 zones this parcel RV4 Residential Urban Village Zone Four. The applicant is requesting a variance to permit the construction of a two foot front addition to an existing attached garage, notwithstanding, the maximum garage projection will be 5.10m, rather than the By-law requires a maximum garage projection to be 4.5m. Eric Kirshenblatt, the agent, appeared on behalf of the applicant and gave a brief submission regarding the request. The agent introduced three letters of support from Veronica & Donald Campbell, 95 Purcell Crescent, Maple, Ontario, L6A 3C6, Neal & Lea Cutcher, 81 Purcell Crescent, Maple, Ontario, L6A 3C6 and Carlo Conte, 83 Purcell Crescent, Maple, Ontario, L6A 3C6, all stating that they had no objections to the request. There was no one in attendance either in support of or in opposition to the request. There were no objections from any Departments or Agencies and any conditions requested are listed below. The Committee is of the opinion that the variance sought can be considered minor and is desirable for the appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will be maintained. MOVED by L. Fluxgold Seconded by K. Hakoda THAT Application No. A174/00, ADRIANA AND LUCIANO CARAVATTA, be APPROVED, subject to the following conditions: 1. That the variance for the increase in the garage projection is conditional upon the addition being constructed in accordance with the attached sketch, to the satisfaction of the Building Standards Department. 2.. That if the condition listed above is not fulfilled within twelve (12) months of the date this decision becomes final and binding, the said decision shall expire and shall be deemed to have been annulled and rescinded by the Committee. CARRIED 14. FILE NOS. A175/00 & A176/00 & CENTREX HOMES INC. 15. LOCATION Lots 30 & Lot 27, Registered Plan No. 65M-3293, (Part of Lot 6, Concession 2), municipally 32

33 known as 20 & 36 Concord Road, (all respectively). 33

34 MINOR VARIANCE PUBLIC HEARING: 14. FILE NOS. A175/00 & A176/00 & CENTREX HOMES INC. 15. PROPOSALS A175/00 - By-law 1-88 zones this parcel R3" Single Family Detached Dwelling.The applicant is requesting a variance to permit the construction of a two storey single family detached dwelling, with attached garage, notwithstanding, the front yard setback will be 7.5m, rather than the by-law requires minimum front yard setback of 9.0m. A176/00 - By-law 1-88 zones this parcel R3" Single Family Detached Dwelling.The applicant is requesting a variance to permit the maintenance of a two storey single family detached dwelling, with attached garage, notwithstanding, the front yard setback will be 6.1m (previously approved at 7.5m), rather than the by-law requires minimum front yard setback of 9.0m. Murray Evans, the agent, appeared on behalf of the applicant and had nothing to add regarding the request. There was no one in attendance either in support of or in opposition to the request. There were no objections from any Departments or Agencies and any conditions requested are listed below. The Committee is of the opinion that the 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 K. Hakoda Seconded by L. Fluxgold THAT Application A175/00, CENTREX HOMES INC., be APPROVED subject to the following conditions: 1. That the variance for the reduction in front yard setback, is conditional upon the property being constructed in accordance with the requested variance as shown on the attached sketch forming part of this application, to the satisfaction of the Building Standards Department; 2. That if the condition listed above is not fulfilled within twelve (12) months of the date this decision becomes final and binding, the said decision shall expire and shall be deemed to have been annulled and rescinded by the Committee. CARRIED THAT Application No. A176/00 -CENTREX HOMES INC., be APPROVED, subject to the following conditions: 1. That a revision to Building Permit is obtained, if required, to the satisfaction of the Building Standards Department; 2. That if a REVISED Building Permit is not issued, based upon the decision of the Committee of Adjustment 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. CARRIED 34

35 MINOR VARIANCE PUBLIC HEARING: 16. FILE NO. A177/00 JOHN & ANTONELLA MELARAGNO During the applicant's submission it was agreed to amend the Notice of Application, sketch and Application as follows: LOCATION "... that the interior side yard setback to the deck of 0.0m be deleted..." Part of Block 81, Registered Plan 65M-2510, and Parts 22 and 23 of Reference Plan 65R (Part of Lot 20, Concession 3), municipally known as 80 Oakdale Road. PROPOSAL By-law 1-88 zones this parcel "R3", Single Family detached. THEREFORE the applicant is requesting a variance to permit the construction of a proposed one-storey rear addition to an existing two-storey single family dwelling, notwithstanding, the rear yard setback from the addition will be 7.4m, rather than the By-law requires the rear yard setback to be 9.0m Werner J. Kram, the agent, appeared on behalf of the applicant. The Committee asked the agent if he could agree to comply with the 1.2m. setback as required in the By-law. The agent answered yes. There was no one in attendance either in support of or in opposition to the request. A faxed petition was received in support of the application from the following people : Manolakos, 76 Oakdale Road, Maple, Ontario, L6A 1J1; Angelo Salvaterra, 86 Oakdale Road, Maple, Ontario, L6A 1G6; Angelo Salvaterra, 109 Oakdale Road, Maple, Ontario, L6A 1G6; Kakish, 75 Oakdale Road, Maple, Ontario, L6A 1G6; Arruda, 90 Oakdale Road, Maple, Ontario, L6A 1G6; Seravalle, 96 Oakdale Road, Maple, Ontario; L6A 1G6, La Nantia, 104 Oakdale Road, Maple, Ontario, L6A 1G6; Schultz, 115 Oakdale Road, Maple, Ontario, L6A 1G6; G. Cristino, 118 Oakdale Road, Maple, Ontario, L6A 1G6 and Joseph Giardelli, 79 Oakdale Road, Maple, Ontario, L6A 1G6. Planning Department made the following written comments :... this department does not support the requested 0.0m interior side yard setback. A zero setback is not appropriate development or use of the land. The proposed 0.0m setback does not meet the intent of the Bylaw. There were no other objections from any Departments or Agencies and any conditions requested are listed below. The Committee is of the opinion that the variance sought can be considered minor and is desirable for the appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will be maintained. MOVED by T. DeCicco Seconded by L. FLuxgold THAT Application No. A177/00, JOHN & ANTONELLA MELARAGNO be APPROVED, as amended, 35

36 subject to the following conditions: 1. That the variance for the reduction in the rear yard setback is conditional upon the dwelling being constructed in accordance with the requested variance as shown on the sketch attached forming part of this application, to the satisfaction of the Building Standards Department; 36

37 MINOR VARIANCE PUBLIC HEARING: 16. FILE NO. A177/00 JOHN & ANTONELLA MELARAGNO 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. CARRIED K. Hakoda left the Council Chambers and did not participate nor did she vote on the next two items. 17. FILE NO. A178/00 DANNY VERRILLI During the applicant's submission it was agreed to amend the Notice of Application, sketch and Application as follows: "... the rear yard setback from the deck will be a minimum of 4.0m NOT 2.7m..." LOCATION Lot 96, Registered Plan 65M-3061, (Part of Lot 18, Concession 4), municipally known as 139 Hawker Road, Maple. PROPOSAL By-law 1-88 zones this parcel "R3", Residential. THEREFORE the applicant is requesting variances to permit the construction of a proposed deck and front entrance porch and steps to an existing two-storey single family dwelling, notwithstanding, the rear yard setback from the deck will be a minimum of 4.0m, rather than the By-law requires the rear yard setback to be a minimum of 7.2m, and the front yard setback to the stairs will be of 3.9m rather than the By-law requires the front yard setback to be 5.7m. Danny Verrilli, appeared on his own behalf. The Committee asked the applicant if he was aware of the Planning Department s comments and if there was some flexibility regarding the proposed setbacks. The applicant told the Committee that he was willing to amend his request to 4.0m. There was no one in attendance either in support of or in opposition to the request. Planning Department made the following written comments : The Community Planning Department does not support Variance Application A178/00. It is this department opinion that the proposal is not desirable for the appropriate development or use of the land. There were no other objections from any Departments or Agencies and any conditions requested are listed below. The Committee is of the opinion that the variances sought can be considered minor and are 37