The Minutes of the 16th. Meeting of the Vaughan Committee of Adjustment for the year 2000 Thursday, AUGUST 31, 2000

Transcription

1 The Minutes of the 16th. Meeting of the Vaughan Committee of Adjustment for the year 2000 Thursday, AUGUST 31, 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 Secretary-Treasurer Glenn White, Planner Marie Kennedy, Plans Examiner INTRODUCTION OF ADDENDUM REPORTS MOVED by T. DeCicco 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 None. ADOPTION OR CORRECTION OF MINUTES MOVED by S. Perrella Seconded by L. Fluxgold THAT the minutes of the Committee of Adjustment Meeting of August 17, 2000 be adopted as circulated. CARRIED ADJOURNMENTS AND/OR DEFERRALS Anne McCauley, EMC Group, submitted a letter to the Committee requesting that Item # 11 & 12 - GRAND VALLEY DEVELOPMENTS INC., File Nos. B70/00 & B71/00, be ADJOURNED TO THE SEPTEMBER 14, 2000 meeting, in order to allow further correspondence between the client and the Planning Department. David S.H. Mimms, Tesma International Inc., faxed a letter to the Committee requesting that Item # 14 CANADIAN NATIONAL RAILWAY, File B74/00, be ADJOURNED SINE DIE, pending the rezoning of the property. MOVED by L. Fluxgold Seconded by T. DeCicco THAT Items #11 & 12, GRAND VALLEY DEVELOPMENTS INC, File Nos. B70/00 & B71/00, be ADJOURNED TO THE SEPTEMBER 14, 2000 meeting. And THAT Item #14, CANADIAN NATIONAL RAILWAY, File B74/00, be ADJOURNED SINE DIE. CARRIED. Page 1 of 21

2 ADMINISTRATIVE CORRECTIONS NONE MINOR VARIANCE PUBLIC HEARING: (PERMISSION Previously adjourned from August 17, 2000 meeting) 1. FILE NO. A226/00 FIELDGATE DEVELOPMENT & CONSTRUCTION LTD. Block 29, Registered Plan 65M-2795, ( Part of Lot 15, Concession 3), municipally known as 20 Jacob Keffer Parkway, Unit #6, Maple. PROPOSAL The applicant is requesting permission to permit a Business and Professional Office (Dental Office) in Unit #6 of a one-storey, commercial building, notwithstanding, a dental office to be permitted in Unit #6, rather than the By-law does not permit a dental office. By-law 1-88 zones this parcel "EM3" Retail Warehouse Employment Area. This application was previously adjourned from the August 17, 2000 meeting. A fax was received by staff on August 28, 2000 from Mr. Brian N. Seath, Construction Manager for Fieldgate Development and Construction Ltd., indicating that a previous decision A194/99 regarding Unit #1, had now expired and that a paint store had opened in unit #1. Stephen Kirshenblatt, Kirkor Architects & Planners, appeared on behalf of the applicant. Building Standards Department staff was asked by the Committee to confirm that the Decision on Application A194/99, which applied to Unit #1, was null and void and that no dental office could be opened in that unit. The Building Standards Department supplied the Committee with a Building Permit for Unit #1 showing that a paint store was now operating in unit #1 and did confirm that A194/99 is in fact nul and void. The Committee asked the agent to compare the sizes of Unit #1 and Unit #6. The agent answered that the two units were comparable in size. 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 The Committee is of the opinion that the permission sought can be considered minor and is desirable for the appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will be maintained. THAT Application No. A226/00 - FIELDGATE DEVELOPMENT & CONSTRUCTION LTD., be APPROVED CARRIED Page 2 of 21

3 CONSENT PUBLIC HEARING: 2 to 4 FILE NOS. B56/00, B57/00 & B73/00 VALLEY MILL DEVELOPMENTS LTD. Part of Lot 15, Concession 5, municipally known as 3681 Rutherford Road. PROPOSAL B56/00 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 the construction of a gas bar/convenience store and retain land for residential purposes and a garden centre. B57/00 The purpose of this application is to request the consent of the Committee of Adjustment to grant a lease on the subject land for commercial purposes and retain land for residential purposes and a garden centre. B73/00 The purpose of this application is to request the consent of the Committee of Adjustment to grant easements in favour of the owner/leaser (7-ELEVEN CANADA INC.) for the purpose of a driveway, and retain land for residential purposes and a garden centre. The subject land is vacant. There is a gas bar/convenience store proposed on the subject land. The retained land has a residential structure, a garden centre and accessory buildings. By-law 1-88 zones the subject and the retained for all three applications A, Agricultural Robert Johnston, appeared on behalf of the applicant and stated that Zoning By-law Amendment was approved on August 28, 2000 by Council. The Committee asked the agent if he was aware of the conditions that would be part of the decision. The agent said that he was. 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. MOVED by K. Hakoda Seconded by T. DeCicco THAT Application Nos. B56/00, B57/00 & B73/00 VALLEY MILL DEVELOPMENTS LTD. be APPROVED, subject to the following conditions: B56/00 1. Payment to the City of Vaughan of a Tree Fee if required, approved by Council as of the date of granting the consent. Payment is to be made by certified cheque, to the satisfaction of the Finance Department and Parks Department; 2 That the owner shall pay all taxes as levied, if required, to the satisfaction of the Finance Department; (contact Linda Nelson in the Finance Department to have this condition cleared). Page 3 of 21

4 CONSENT PUBLIC HEARING: cont d 3. The applicant shall provide the City of Vaughan with an appraisal report, if required and valuation of the subject land (land only) to be prepared by an accredited appraiser, if required. Payment of a Parkland Levy to the City of Vaughan, if required, in lieu of the deeding of land for park purposes shall be made if a new lot is being created. Said levy is to be 2% of the appraised market value of the subject land as of the date of the Committee of Adjustment giving notice to the Applicant of the herein decision. Said levy shall be approved by the Manager of Real Estate. Payment shall be made by certified cheque only; 4. That the implementing By-law of Zoning Application Z be in full force and effect, if required, to the satisfaction of the Planning Department; 5. That the owner shall provide access to the property prior to the final approval of this consent application, if required, to the satisfaction of the Engineering Department; 6. That the owner of the retained lands obtain a MTO permit and provide drainage/illumination and traffic reports prior to any construction, in the event of any future development, if required, to the satisfaction of the Ministry of Transportation; 7. That the applicant demonstrate compliance with the development strategies outlined in the Stormwater Management Implementation Strategy Plan dated August 1998, prepared by Cosburn Patterson, Mather, Ltd., if required, to the satisfaction of the Toronto and Region Conservation Authority; 8. That the applicant submit a stormwater Management Plan which details how the applicant will provide Level 1 quality control on-site and post to pre-quantity controls, if required, to the satisfaction of the Toronto and Region Conservation Authority; 9. That the applicant pay the Transportation Development review fee of $ identified in Regional By-law A , if required, to the satisfaction of York Region, Planning and Approval Branch; 10. 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; 11. 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; 12. 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; 13. Prior to the issuance of a building permit, if required, the applicant shall fulfil and comply with all of the above noted consent conditions; 14. Pursuant to Section 53(20) of the Planning Act, the applicant shall have a period of one year from the date of the Committee of Adjustment giving Notice of the herein Decision to the Applicant to fulfil 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 the Regional Development Charges By-law in effect at the time of payment. Page 4 of 21

5 CONSENT PUBLIC HEARING: cont d 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 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 Vaughan Hydro s Development Charge By-law in effect at the time of payment; 5. That the payment of special area development charge is payable to the City of Vaughan The City's Development Charge By-law in effect at the time of Building permit issuance, if required, to the satisfaction of the Finance Department; 6. That any costs associated with interim Stormwater management measures for this site will not reduce the applicant s cost sharing of the ultimate Stormwater management scheme, if required, to the satisfaction of the Toronto and Region Conservation Authority; B57/00 1 That the owner shall pay all taxes as levied, if required, to the satisfaction of the Finance Department; (contact Linda Nelson in the Finance Department to have this condition cleared). 2. That an application be made to address deficiencies, if required, to the satisfaction of the Building Standards Department; 3. That the implementing By-law of Zoning Application Z be in full force and effect, if required, to the satisfaction of the Planning Department; 4. That the owner shall provide access to the property prior to the final approval of this consent application, if required, to the satisfaction of the Engineering Department; 5. That the applicant demonstrate compliance with the development strategies outlined in the Stormwater Management Implementation Strategy Plan dated August 1998, prepared by Cosburn Patterson, Mather, Ltd., if required, to the satisfaction of the Toronto and Region Conservation Authority; 6. That the applicant submit a stormwater Management Plan which details how the applicant will provide Level 1 quality control on-site and post to pre-quantity controls, if required, to the satisfaction of the Toronto and Region Conservation Authority; 7. That the applicant pay the Transportation Development review fee of $ identified in Regional By-law A , if required, to the satisfaction of York Region, Planning and Approval Branch; 8. 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; 9. Submission to the Secretary-Treasurer of three (3) white prints of a registered deposited reference plan of survey, showing the subject land which conforms with the application submitted and which shows the dimensions and areas of each part shown on the plan; 10. Upon fulfilling and complying with all of the above-noted conditions, 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; Page 5 of 21

6 CONSENT PUBLIC HEARING: cont d 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 fulfil 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; B73/00 1. That the implementing By-law of Zoning Application Z be in full force and effect, if required, to the satisfaction of the Planning Department; 2. That the owner shall provide access to the property prior to the final approval of this consent application, if required, to the satisfaction of the Engineering Department; 3. That the owner of the retained lands obtain a MTO permit and provide drainage/illumination and traffic reports prior to any construction, in the event of any future development, if required, to the satisfaction of the Ministry of Transportation; 4. That the applicant demonstrate compliance with the development strategies outlined in the Stormwater Management Implementation Strategy Plan dated August 1998, prepared by Cosburn Patterson, Mather, Ltd., if required, to the satisfaction of the Toronto and Region Conservation Authority; 5. That the applicant submit a stormwater Management Plan which details how the applicant will provide Level 1 quality control on-site and post to pre-quantity controls, if required, to the satisfaction of the Toronto and Region Conservation Authority; 6. That the applicant pay the Transportation Development review fee of $ identified in Regional By-law A , if required, to the satisfaction of York Region, Planning and Approval Branch; 7. 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; 8. 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 north (Lot created by the approval of B56/00); 9. Submission to the Secretary-Treasurer of three (3) white prints of a registered deposited reference plan of survey, showing the subject land which conforms with the application submitted and which shows the dimensions and areas of each part shown on the plan; 10. Upon fulfilling and complying with all of the above-noted conditions, 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; Page 6 of 21

7 CONSENT PUBLIC HEARING: cont d 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 fulfil 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 5. FILE NO. B69/00 BATTISTA DOMENEGATO Lot 43, Registered Plan 3541, Concession 2, Part of Lot 31, municipally known as 74 Lawrie Road, Thornhill. PURPOSE AND EFFECT The purpose of the application is to request the consent of the Committee of Adjustment to convey a parcel of land for the creation of a new lot for residential purposes and retain lands for residential purposes. There is a building to be demolished on the proposed property line between the subject and retained land. There is a residential dwelling proposed for each of the subject and the retained land. By-law 1-88 zones the subject and the retained land R3 Residential. Andrea Halpern appeared on behalf of the applicant and stated that she was aware of the conditions of approval. 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. B69/00 - BATTISTA DOMENEGATO,, be APPROVED, subject to the following conditions: 1. Payment to the City of Vaughan of a Tree Fee if required, approved by Council as of the date of granting the consent. Payment is to be made by certified cheque, to the satisfaction of the Finance Department and Parks Department; 2 That the owner shall pay all taxes as levied, if required, to the satisfaction of the Finance Department; (contact Linda Nelson in the Finance Department to have this condition cleared). Page 7 of 21

8 CONSENT PUBLIC HEARING: cont d 3. The applicant shall provide the City of Vaughan with an appraisal report, if required and valuation of the subject land (land only) to be prepared by an accredited appraiser, if required. Payment of a Parkland Levy to the City of Vaughan, if required, in lieu of the deeding of land for park purposes shall be made if a new lot is being created. Said levy is to be 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. 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; 5. 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; 6. A fee of $ made payable to the Treasurer City of Vaughan shall be submitted to the Secretary Treasurer for the issuance of the Certificate/stamping of the deeds. It will be necessary to allow up to three (3) working days after all conditions have been fulfilled and documentation filed. Same day service is also available for an additional cost of $100.00, provided all conditions of approval have been fulfilled and all required documents are submitted by 11:30am. that day; 7. Prior to the issuance of a building permit, if required, the applicant shall fulfill and comply with all of the above noted consent conditions; 8. 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 fulfil 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 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 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 Vaughan Hydro s Development Charge By-law in effect at the time of payment; CARRIED 6. FILE NO. B72/00 RICCARDO STIRPE Part of Lot 25 & 26, Concession 9, municipally known as 668 Nashville Road, Kleinburg. Page 8 of 21

9 CONSENT PUBLIC HEARING: cont d PROPOSAL The purpose of the application is to request the consent of the Committee of Adjustment to convey a parcel of land for the creation of a new lot for residential purposes, and retain lands for residential purposes. There is a existing shed on the subject property to be demolished, and a detached dwelling is proposed on the subject land. There is an existing detached dwelling on the retained land. By-law 1-88 zones the subject and retained lands "RR" Rural Residential. A letter of opposition was received on August 28, 2000, from Jack McMahon, President of the Kleinburg and Area Ratepayers Association (KARA), P.O. Box 202, Kleinburg, Ontario, L0J 1C0 indicating that the lot created would be smaller than the properties to the east and suggesting that if the application was approved, the minimum side yard setback to the east should be of at least 6.0m. A letter of opposition was received on August 30, 2000, from David and Susan Corley, 80 Kleins Crescent, Kleinburg, Ontario, L0J 1C0, stating that this application would impact negatively on the community and the neighbours to the east of the subject property and would set an unnecessary precedent. A petition supporting the request was received on August 30, 2000, from Vito Tonon, 727 Nashville Road, Kleinburg, Ontario, L0J 1C0, Ruth Patterson, 757 Nashville Road, Kleinburg, Ontario, L0J 1C0, Ivan Dabarp, 667 Nashville Road, Kleinburg, Ontario, L0J 1C0, V. Capobianco, 739 Nashville Road, Kleinburg, Ontario, L0J 1C0, Carl Roberts, 695 Nashville Road, Kleinburg, Ontario, L0J 1C0, Renato Ieriti, 700 Nashville Road, Kleinburg, Ontario, L0J 1C0, Susan Burbridge, 591 Nashville Road, Kleinburg, Ontario, L0J 1C0, Gerry Gratsch, 717 Nashville Road, Kleinburg, Ontario, L0J 1C0, Flower Derhovagimian, 649 Nashville Road, Kleinburg, Ontario, L0J 1C0, stating that they had no objections to the severance application. Anne McCauley, from EMC Group Ltd., appeared on behalf of the applicant and stated that she had faxed a petition supporting the request. The Committee asked if the agent was aware of the letters of opposition received from the neighbour and from KARA. The agent said that she was aware of them and added that they were not asking for any variances to facilitate the severance and that they would provide a buffer zone by planting 15 spruce and pine trees on the east side and allow some privacy for the neighbours. Jack McMahon, President of the Kleinburg and Area Ratepayers Association (KARA), P.O. Box 202, Kleinburg, Ontario, L0J 1C0, appeared in opposition to the request and suggested that the approval of the request would create a precedent on the lot frontage of the neighbourhood and that there is not enough table land to allow building envelopes of a comparable size to the neighbours. He then recommended that side yard setbacks be greater than the current 4.5m. to be 6m. He requested conditions be placed on the decision that would protect the neighbour to the east, as he was most affected and he knew he did not support the request. The Committee asked if the neighbours to the east were present. Mr. McMahon replied that they were not but that their rights needed to be protected. Anne McCauley was then asked by the Committee if she had spoken to the ratepayers association or the neighbours. She replied no but presented a landscaped site plan illustrating the proposed tree buffer next to the neighbour to the east. There was no one else in attendance either in support of or in opposition to the request. There were no objections from any Departments or Agencies and any conditions requested are listed below. Page 9 of 21

10 CONSENT PUBLIC HEARING: cont d MOVED by L. Fluxgold Seconded by K. Hakoda THAT Application No. B72/00, RICCARDO STRIPE, 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 applicant pay the applicable local improvement charges, if required, to the satisfaction of the Finance Department. 3. 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). 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. That the implementing By-law of Zoning Application Z be in full force and effect, if required, to the satisfaction of Building Standards and Community Planning Departments; 6. That the owner submit Surveyors Certificate indicating lot areas and frontages measured in accordance with By-Law 1-88, if required, to the satisfaction of the Building Standards Department; 7. That a Professional Engineer certify that the distribution tile bed pipes of the existing on-site sewage system are a minimum (3.0m) from the proposed lot boundary, if required, to the satisfaction of the Building Standards Department (Septic System Division); 8. That a Building permit be obtained for the proposed house and private on-site sewage system within one year of the final decision of the committee, if required, to the satisfaction of the Building Standards Department (Septic System Division); 9. That the owner shall provide a separate access to the severed lands, if required, to the satisfaction of the Engineering Department; 10. That the application for consent is subject to the Transportation Development Review Fee identified in Regional By-law A The fee for review of consent applications is $ for the first lot and $ for each lot thereafter. The total fee for this application is $ Fees must be paid in the form of a CERTIFIED CHEQUE payable to The Regional Municipality of York and forwarded to York Region, Transportation and Works Department, Planning and Approvals Branch. All fees must be submitted with a brief covering letter stating the site to which they apply and the applicable file number, if required, to the satisfaction of the Regional Municipality of York, Planning and Approvals Branch; 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 Page 10 of 21

11 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 fulfil 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 fulfil 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 the Regional Development Charges By-law in effect at the time of payment. 2. That the payment of the Education Development Charge is payable to the City of Vaughan the Boards of Education By-laws in effect at the time of payment. 3. That the payment of the Hydro Development Charge is payable to the City of Vaughan Vaughan Hydro s Development Charge By-law in effect at the time of payment; 4. That the payment of a Water Infrastructure Fee is payable to the City of Vaughan before issuance of a building permit(s) in accordance with the Regional Municipal Servicing Agreement dated October 25, 1989 CARRIED. 7. FILE NO. B75/00 FAMOUS PLAYERS INC. Part of Lot 5, Concession 5, located on Weston Road/Highway No. 7, Woodbridge. PURPOSE AND EFFECT The purpose of the application is to request the consent of the Committee of Adjustment to convey a parcel of land for the creation of a new lot retail/commercial purposes, together with all required easements and right of ways, if required, and retain lands for the theatre. The subject land is currently vacant, and three retail/commercial buildings are proposed. The theatre is on the retained lands. By-law 1-88 zones the subject lands "C10" Corporate District Zone and AC10-H Corporate District Zone Holding, and the retained land as AC10" Corporate District Zone. Brent Clarkson, of Trinity Development Group Inc., appeared on behalf of the applicant and asked the Committee about the conditions of approval. The Committee indicated to the agent that he needs to clear any conditions with the departments or agencies that specified them. Page 11 of 21

12 CONSENT PUBLIC HEARING: cont d MOVED by K. Hakoda Seconded by T. DeCicco THAT Application No. B75/00, FAMOUS PLAYERS INC., be APPROVED subject to the following conditions : 1. Payment to the City of Vaughan of a Tree Fee if required, approved by Council as of the date of granting the consent. Payment is to be made by certified cheque, to the satisfaction of the Finance Department and Parks Department; 2. That the owner shall pay all taxes as levied, if required, to the satisfaction of the Finance Department; (contact Linda Nelson in the Finance Department to have this condition cleared). 3. The applicant shall provide the City of Vaughan with an appraisal report and valuation of the subject land (land only) to be prepared by an accredited appraiser, if required. Payment of a Parkland levy to the City in lieu of the deeding of land for park purposes shall be made if a new lot is being created. Said levy is to be 2% of the appraised market value of the subject land as of the date of the Committee of Adjustment giving notice to the Applicant of the herein decision. Said levy shall be approved by the Manager of Real Estate. Payment shall be made by certified cheque only; 4. 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; 5. 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; 6. A fee of $ made payable to the Treasurer City of Vaughan shall be submitted to the Secretary Treasurer for the issuance of the Certificate/stamping of the deeds. It will be necessary to allow up to three (3) working days after all conditions have been fulfilled and documentation filed. Same day service is also available for an additional cost of $100.00, provided all conditions of approval have been fulfilled and all required documents are submitted by 11:30am. that day; 7. Prior to the issuance of a building permit, if required, the applicant shall fulfil and comply with all of the above noted consent conditions; 8. 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 fulfil 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 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 the Boards of Education By-laws in effect at the time of payment. Page 12 of 21

13 CONSENT PUBLIC HEARING: cont d 4. That the payment of the Hydro Development Charge is payable to the City of Vaughan Vaughan Hydro s Development Charge By-law in effect at the time of payment; 5. That the payment of special area development charge is payable to the City of Vaughan The City's Development Charge By-law in effect at the time of Building permit issuance, if required, to the satisfaction of the Finance Department; CARRIED MINOR VARIANCE PUBLIC HEARING: 8. FILE NO. A211/00 JACK DOMBROWSKY Part Lot 43, Registered Plan 3715 (Part of Lot 29, Concession 1) municipally known as 209 Arnold Avenue, Thornhill. PROPOSAL By-law 1-88 zones this parcel R1V Old Village Residential. The applicant is requesting a variance to permit the construction of a two storey single family dwelling, notwithstanding, the minimum front yard setback will be 11.4m., rather than the Bylaw requires the minimum front yard setback to be 13.76m. No one appeared on behalf of the applicant. The Committee agreed to deal with the application as is. 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 T. DeCicco THAT Application No. A211/00 JACK DOMBROWSKY, be APPROVED, subject to the following conditions. 1. That the variance for the minimum front yard setback is conditional upon the structure 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. 9. FILES. A222/00 to A225/00, A234/00 to A236/00 to A222/00, A223/00, A236/00 ROM MANAGEMENT INC. & CITY OF VAUGHAN 16. A224/00, A234/00, A235/00 ROM MANAGEMENT INC. A225/00 CITY OF VAUGHAN Page 13 of 21

14 MINOR VARIANCE PUBLIC HEARING: Cont=d... A222/00, A223/00, A236/00 Lot 7, 8, 10., Registered Plan No. 65M Block 24, (Part of Lot 7, Concession 6), Draft Plan of Subdivision 19T-99V03, municipally located on Michelle Drive (Extension) Woodbridge. A224/00, A234/00, A235/00 Lot 16, 6, 14., Registered Plan No. 65M Block 24, (Part of Lot 7, Concession 6), Draft Plan of Subdivision 19T-99V03, municipally located on Michelle Drive (Extension) Woodbridge. A225/00 Lot 9., Registered Plan No. 65M Block 24, (Part of Lot 7, Concession 6), Draft Plan of Subdivision 19T-99V03, municipally located on Michelle Drive (Extension) Woodbridge. PROPOSAL By-law 1-88 zones this parcel AR3" Residential. A222/00, A223/00, A225/00 The applicant is requesting variances to permit the construction of single family detached dwelling with attached garage, notwithstanding, the minimum lot frontage will be 11.1m, minimum rear yard setback will be 7.0m, rather than the By-law requires minimum lot frontage of 12.0m, minimum rear yard setback of 7.5m. A224/00 The applicant is requesting a variance to permit the construction of a single family detached dwelling with attached garage, notwithstanding, the minimum interior side yard will be 0.3m., rather than the By-law requires minimum interior side yard of 1.2m. A234/00, A235/00, A236/00 The applicant is requesting a variance to permit the construction of a single family detached dwelling with attached garage,, notwithstanding, the minimum rear yard setback will be 7.0m, rather than the By-law requires minimum rear yard setback of 7.5m. James Claggett of Weston Consulting Group Inc., appeared on behalf of the applicants. He made a brief submission on the requests and stated that he was aware of the conditions of approval. 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 L. Fluxgold Seconded by T. DeCicco THAT Application Nos. A222/00 to A225/00, A234/00 to A236/00 ROM MANAGEMENT INC. & CITY OF VAUGAHN, be APPROVED subject to the following conditions: A222/00 1. That the variance for the reduction in lot frontage, rear 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; Page 14 of 21

15 MINOR VARIANCE PUBLIC HEARING: Cont=d That if the condition listed above is 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. A223/00 1. That the variance for the reduction in lot frontage, rear 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 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. A224/00 1. That the variance for the reduction in interior side 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 a maintenance easement be registered on title on the abutting lot, if required, to the satisfaction of the Building Standards Department; 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. A225/00 1. That the variance for the reduction in lot frontage, rear 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 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. A234/00 1. That the variance for the reduction in rear 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 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. A235/00 1. That the variance for the reduction in rear 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; Page 15 of 21

16 MINOR VARIANCE PUBLIC HEARING: Cont=d That if the condition listed above is 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 A236/00 1. That the variance for the reduction in rear 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 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. CARRIED. 17. FILE NO. A228/00 RINALDO CARINCI Lot 63, Registered Plan 4626 (Part of Lot 20, Concession 3) municipally known as 20 Jackson Street, Maple. PROPOSAL By-law 1-88 zones this parcel R1V Old Village Residential. The applicant is requesting a variance to permit the maintenance of a one storey single family dwelling with a covered and unenclosed porch, notwithstanding, the minimum front yard setback for the porch is 12.25m., rather than the By-law requires the minimum front yard setback to be m. Three letters of support were received by staff from Sergio & Maria Cavicchia, 18 Jackson Street, Maple, Ontario, L6A 1S2, Gary & Heather Elson, 23 Jackson Street, Maple, Ontario, L6A 1S2 and Nick Natale, 25 Jackson Street, Maple, Ontario, L6A 1S2, stating that they had no objection to the application. Achille Carinci appeared on behalf of the applicant and made reference to the three letters of support from the neighbours. 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 K. Hakoda Seconded by L. Fluxgold THAT Application No. A228/00 RINALDO CARINCI, be APPROVED, subject to the following conditions. 1. That the variance for the minimum front yard setback is conditional upon the structure Page 16 of 21

17 being constructed in accordance with the attached sketch, to the satisfaction of the Building Standards Department. MINOR VARIANCE PUBLIC HEARING: Cont=d 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. 18. FILE NO. A229/00 ISABELLA &PASQUALE BUCCIERI Lot 9, Registered Plan 65M-2208 (Part of Lot 10, Concession 6) municipally known as 61 Marco Crescent, Woodbridge. PROPOSAL By-law 1-88 zones this parcel R4 Residential. The applicant is requesting variances to permit the maintenance of an existing shed, notwithstanding, the rear yard setback is 0.80m and the height of the structure is 3.048m., rather than the By-law requires the rear yard setback to be 7.5m and the maximum height of an accessory building to be 2.5m. Isabella & Pasquale Buccieri appeared before the Committee to present their request. The Committee asked them if they had any discussions regarding the request with the neighbours. The applicants said that they did and that all were approving except for one. They also added that the shed had been in place for 15 years. The Committee asked the Planning Department staff since there are no objections from any neighbours if they still question the minor nature of the application. Planning Department staff said that they withdrew that statement due to the fact that there is no opposition and stated that they had no objection 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 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. A229/00 ISABELLA & PASQUALE BUCCIERI, be APPROVED, subject to the following conditions. 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, the said decision shall expire and shall be deemed to have been annulled and rescinded by the Committee. 2. That the variances for the minimum rear yard setback and the maximum building height are conditional upon the structure being constructed in accordance with the attached sketch, to the satisfaction of the Building Standards Department. Page 17 of 21

18 3. 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. MINOR VARIANCE PUBLIC HEARING: Cont=d... CARRIED. 19. FILE NO. A230/00 REBECCA DAHAN Lot 44, Plan No. M2001, (Part of Lot 28, Concession 1) municipally known as 148 Theodore Place, Thornhill. PROPOSAL By-law 1-88 zones this parcel AR3" Residential. The applicant is requesting variances to permit the maintenance of an uncovered/unenclosed deck to an existing two storey and loft single family detached dwelling with attached garage, notwithstanding, the rear yard setback to uncovered deck is 4.87m, rear yard setback to stairs is 4.57m, rather than the By-law requires the rear yard setback to uncovered deck and stairs of 5.7m. Leon Frank, 206 Tansley Road, Thornhill, Ontario, L4J 2Y9, appeared on behalf of the applicant and had nothing to add 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 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 K. Hakoda THAT Application No. A230/00 REBECCA DAHAN, be APPROVED, subject to the following conditions. 1. 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. 2. That the variances for the rear yard setback to the uncovered deck and the rear yard setback to stairs are conditional upon the structure being constructed in accordance with the attached sketch, to the satisfaction of the Building Standards Department. 3. 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. 20. FILE NO. A237/00 FRANCO & GIULIANA CAVALIERE Lot 119, Registered Plan No. 65M-2810, (Part of Lot 12, Concession 8) municipally known as Page 18 of 21