The Minutes of the 22ND Meeting of the Vaughan Committee of Adjustment for the year 2001 Thursday, DECEMBER 6, :00p.m.

Transcription

1 The Minutes of the 22ND Meeting of the Vaughan Committee of Adjustment for the year 2001 Thursday, DECEMBER 6, 2001 Present at the meeting are: 6:00p.m. T. DeCicco L. Fluxgold K. Hakoda S. Perrella M. Mauti Members of Staff present: Dianne E.L. Grout, Secretary-Treasurer Lenore Providence, Assistant to the Secretary-Treasurer Glen White, Planner Frank DeFrancesco, Plans Examiner Andrea Egizii, Plans Examiner INTRODUCTION OF ADDENDUM REPORTS ` MOVED by S. Perrella 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 T. DeCicco declared a conflict of interest with respect to Item # s 6 & 7, File Nos. B51/01 & A308/01, DONALD FISHMAN & STAN FISHMAN, as he owns property in the vicinity. Also Item #9, File No. B91/01, ROYBRIDGE HOLDINGS INC., as he is involve in a land exchange agreement with the applicant. L. Fluxgold declared a conflict of interest with respect to Item #9, File No. B91/01, ROYBRIDGE HOLDINGS INC., as he provided legal advice to the applicant. ADOPTION OR CORRECTION OF MINUTES MOVED by T. DeCicco Seconded by K. Hakoda THAT the minutes of the Committee of Adjustment Meeting of November 22, 2001, adopted as circulated. CARRIED It should be noted that S. Perrella and L. Fluxgold were not present at the November 22, 2001 meeting and did not take part in the motion. ADJOURNMENTS AND/OR DEFERRALS A fax was received from Anne McCauley, the agent, requesting that Item # s 6 and 7, DONALD FISHMAN AND STAN FISHMAN, File Nos. B51/01 AND A308/01, BE AJOURNED, SINE DIE. A fax was received from Dennis M. O Leary of Aird & Berlis, BCE Place, Suite 1800, Box 754, 181 Bay Street, Toronto, Ontario, M5J 2T9, on behalf of the applicant, requesting that Item #13, ONTARIO LTD., File No. B94/01, BE ADJOURNED to the NEXT Meeting, as the applicant will be amending the application which will require re-circulation. Page 1 of 19

2 ADJOURNMENTS AND/OR DEFERRALS Comments from the Planning Department, indicated that the lands in question are located within the Oak Ridges Moraine Area. Therefore Planning Department request Item #15, CARMEN AND MARY PETRIGLIA, File No. A279/01, BE ADJOURNED SINE DIE until Bill 122 pertaining to the Oak Ridges Moraine Area is in full force and effect. A fax was received from Robert Cohen, the agent, requesting that Item #18, PALU INVESTMENTS LTD. File No. A340/01, BE HEARD FIRST as there is another engagement that Ms. Fong (who will be acting as agent) must attend the same night. A fax was received from Sabina Rotenberg, the agent, requesting that Item #25, HANA EREZ, File No. A347/01, BE ADJOURNED SINE DIE to allow issues relating to property ownership to be resolved. MOVED by S. Perrella Seconded by L. Fluxgold That Item # s 6 and 7, DONALD FISHMAN AND STAN FISHMAN, File Nos. B51/01 AND A308/01, BE AJOURNED, SINE DIE. That Item #13, ONTARIO LTD., File No. B94/01, BE ADJOURNED to the JANUARY 10, 2001 MEETING. That Item #15, CARMEN AND MARY PETRIGLIA, File No. A279/01, BE ADJOURNED SINE DIE. That Item #18, PALU INVESTMENTS LTD. File No. A340/01, BE HEARD FIRST. That Item #25, HANA EREZ, File No. A347/01, BE ADJOURNED SINE DIE. CARRIED It should be noted that T. DeCicco obstained from voting on the above matters due to his conflict of interest regarding the Fishman applications. T. DeCicco left the Council Chamber and did not take part in any discussion pertaining to Item s # s 6 and 7. It should also be noted that the following people requested to be put on record as being present and in opposition to the adjournment: Michael Kieran, 6301 Kirby Road, Box 489, Kleinburg, Ontario, L0J 1C0; Hedgerow Estates Homeowners Association, Attention of John Turfryer, 12 Hedgerow Lane, Kleinburg, Ontario, L0J 1C0, Lucio Polsinelli, DiPoce Management, 488 Edgeley Boulevard, Unit #2, Vaughan, Ontario, L4K 4G4, Regarding Item # s 6 and 7, DONALD FISHMAN AND STAN FISHMAN, File Nos. B51/01 AND A308/01. And Israel Schapira, 137 Arnold Avenue, Thornhill, Ontario, L4J 1B8. Regarding Item #25, HANA EREZ, File No. A347/01. T. DeCicco returned to the Council Chamber. ADMINISTRATIVE CORRECTIONS MOVED by S. Perrella Seconded by K. Hakoda That the Notice of Application for Item #12, ACUMEN INVESTMENTS LTD., File No. B93/01, BE CORRECTED as follows: Should Read: and retain the lands marked B on the attached sketch for private road (NOT unknown) purposes. CARRIED Page 2 of 19

3 MINOR VARIANCE PUBLIC HEARING 1. FILE NO.: A340/01 PALU INVESTMENTS INC. Part of Lot 8, Concession 4 (Part of Block 7, Registered Plan 65M-2532, municipally known as 90 Snow Boulevard). By-law 1-88 zones this parcel EM1 - Prestige Employment Area. The applicant is requesting a variance to permit the permit the maintenance of an existing one-storey commercial building, notwithstanding, the minimum side yard setback is 5.87m, rather than the By-law requires the minimum side yard setback to be 6.0m. Kathy Fong of Blaney McMurtry, 20 Queen Street West, Suite 1400, Toronto, Ontario, M5H 2V3 appeared as the agent, on behalf of the applicant. There were no objections from any Departments or Agencies. The Committee is of the opinion that the variance sought can be considered minor and is desirable for the appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will be maintained. MOVED by. T. DeCicco Seconded by K. Hakoda THAT Application No. A340/01 PALU INVESTMENTS INC. be APPROVED. CARRIED 2. FILE NO. A361/01 LUCY AND GIOVANNI GIACONA Part of Lot 15, Concession 8 (Part of Lot 14, Registered Plan 65M-3668, municipally known as 16 Lois Drive). By-law 1-88 zones this parcel R2 - Residential. The applicant is requesting variances to permit the maintenance of an existing covered porch and existing driveway width at street curb, notwithstanding, the minimum rear yard setback to the porch/deck structure is 7.0m, rather than the By-law requires the minimum rear yard setback to the porch/deck structure to be 7.5m. And the maximum driveway width at the curb will be 7.1m rather than 6.0m. Lucy Giancona, the applicant, appeared on her own behalf and gave a brief submission regarding the request. Page 3 of 19

4 MINOR VARIANCE PUBLIC HEARING: 2. FILE NO. A361/01 LUCY AND GIOVANNI GIACONA The Community Planning Department made the following written comments;. This Department has not supported curb cuts in the past. There are accumulative adverse impacts from increasing the width of driveways from the required maximum 6.0m. Included among these impacts: reduced landscaping; reduced area for snow storage and garbage removal; and reduced potential for on street parking. To this end, Staff does not support the increased driveway width. 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. T. DeCicco Seconded by K. Hakoda THAT Application No. A361/01 LUCY AND GIOVANNI GIACONA be APPROVED, subject to the following conditions: 1. That a building permit be obtained and that the variance is conditional upon the structure being constructed in accordance with the requested variance as shown on the attached sketch forming part of this application, if required, to the satisfaction of the Building Standards Department; 2. That if the condition listed above is not fulfilled within 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. Both T. DeCicco and L. Fluxgold left the Council Chambers at this time and did not take part in the discussion nor voted on the following item. CONSENT PUBLIC HEARING: 3. FILE NO.: B91/01 ROYBRIDGE HOLDINGS LTD. Part of Lot 6 & 7, Concession 9, (known as Highway No. 7, Woodbridge.) The purpose of this application is to request the consent of the Committee of Adjustment to convey a parcel of land for the purpose of creating a new lot, for service commercial purposes, and retain lands for industrial purposes. The subject and retained lands are currently vacant. By-law 1-88 zones the subject and retained lands "A Agricultural. Carlissa McLaren, the agent appeared before the Committee along with Sam Speranza, of Jovien Associates Ltd., 1 Royal Gate Boulevard, Woodbridge, Ontario, L4L 8Z7, who spoke on behalf of the applicant. Page 4 of 19

5 CONSENT PUBLIC HEARING: 3. FILE NO.: B91/01 ROYBRIDGE HOLDINGS LTD. The Building Standards Department made the following written comments;. The Conveyed land will be used to create a new lot. Conveyed lands must be rezoned to the proposed Service Commercial use (C7). Council has approved applications for plan of subdivision and rezoning. The Community Planning Department made the following written comments; The Community Planning Department has no objection to Consent Application B91/01 provided the lands are rezoned to C7 as proposed. There were no other objections from any Departments or Agencies and any conditions requested are listed below. MOVED by K. Hakoda Seconded by S. Perrella THAT Application No. B91/01 ROYBRIDGE HOLDINGS, 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; When submitting Deeds please provide a Schedule Page which includes the legal description of the lands in question for stamping purposes. Failure to provide this Schedule page will result in the delay of stamping the Deeds until it is received 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 11:30 am that day; Page 5 of 19

6 CONSENT PUBLIC HEARING: 3. FILE NO.: B91/01 ROYBRIDGE HOLDINGS LTD. 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; PLEASE NOTE: 1. That the payment of the Regional Development Charge is payable to the City of Vaughan before issuance of a building permit in accordance with the Development Charges Act and the Regional Development Charges By-law in effect at the time of payment. 2. That the payment of the City Development Charge is payable to the City of Vaughan before issuance of a building permit in accordance with the Development Charges Act and the City's Development Charges By-law in effect at the time of payment. 3. That the payment of the Education Development Charge is payable to the City of Vaughan before issuance of a building permit in accordance with the Development Charges Act and the Boards of Education By-laws in effect at the time of payment. 4. That the payment of special area development charge is payable to the City of Vaughan before issuance of a building permit in accordance with the Development Charges Act and The City's Development Charge By-law in effect at the time of Building permit issuance, if required, to the satisfaction of the Finance Department. CARRIED T. DeCicco and L. Fluxgold returned to the Council Chambers at this time. 4. FILE NOS.: B92/01 and B95/01 & PIAZZA VILLAGIO CORP. 5. Part of Lot 16, Concession 6, (Block 173, Registered Plan No. 65M-3359, municipally known as 9200 Weston Road). B92/01 - The purpose of this application is to request the consent of the Committee of Adjustment to grant a lease in excess of twenty-one years for the parcel of land marked "A" on the attached sketch and retain the lands marked AB@ on the attached sketch for commercial purposes. Both the subject and retained lands are currently vacant. McDonald s Restaurant of Canada Limited intends to use the leased lands for a one storey drive-thru eating establishment. By-law 1-88 zones the subject and retained lands C4 Neighbourhood Commercial. B95/01 - The purpose of this application is to request the consent of the Committee of Adjustment to grant a lease in excess of twenty-one years for the parcel of land marked "A" on the attached sketch and retain the lands marked AB@ on the attached sketch for commercial purposes. Both the subject and retained lands are currently vacant. The Great Atlantic & Pacific Company of Canada plans to construct a grocery store. By-law 1-88 zones the subject and retained lands C4 Neighbourhood Commercial. Page 6 of 19

7 CONSENT PUBLIC HEARING: 4. FILE NOS.: B92/01 and B95/01 & PIAZZA VILLAGIO CORP. 5. Robert Blunt, of Goodman and Carr, 200 King Street West, Suite 2300, Toronto, Ontario, M5H 3W5, appeared as agent for B92/01 along with Vania Ottoborgo, the agent for B95/01. There were no objections from any Departments or Agencies and any conditions requested are listed below. MOVED by K. Hakoda Seconded by T. DeCicco THAT Application Nos: B92/01 and B93/01 PIAZZA VILLAGIO CORP., be APPROVED, subject to the following conditions: 1. That the owner shall pay all taxes as levied, if required, to the satisfaction of the Finance Department; (contact Linda Nelson in the Finance Department to have this condition cleared). 2. Submission to the Secretary-Treasurer of three (3) white prints of a registered deposited reference plan of survey, showing the subject land which conforms with the application submitted and which shows the dimensions and areas of each part shown on the plan; 3. Upon fulfilling and complying with all of the above-noted conditions, 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; When submitting Deeds please provide a Schedule Page which includes the legal description of the lands in question for stamping purposes. Failure to provide this Schedule page will result in the delay of stamping the Deeds until it is received 4. A fee of $ made payable to the Treasurer City of Vaughan shall, be submitted to the Secretary Treasurer for the issuance of the Certificate/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; 5. Prior to the issuance of a building permit, if required, the applicant shall fulfill and comply with all of the above noted consent conditions; 6. 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 Page 7 of 19

8 CONSENT PUBLIC HEARING: 6. FILE NO.: B93/01 ACUMEN IINVESTMENTS LTD. Part of Lot 4, Concession 6, (Part 5 and Part of Part 6, Reference Plan No. 65R-14284, known as Auto Park Circle, Woodbridge.) The purpose of this application is to request the consent of the Committee of Adjustment to convey a parcel of land for the purpose of creating a new lot, together with all required easements and right of ways, for automotive dealership purposes, and retain land for unknown purposes. The subject and retained lands are currently vacant. By-law 1-88 zones the subject and retained lands "AC Automotive Commercial. Ivano Manias, the agent appeared on behalf of the applicant. 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. B93/01 ACUMEN INVESTMENTS LTD., be APPROVED, subject to the following conditions: 1. Payment to the City of Vaughan of a Tree Fee if required, approved by Council as of the date of granting the consent. Payment is to be made by certified cheque, to the satisfaction of the Finance Department and Parks Department; 2. That the owner shall pay all taxes as levied, if required, to the satisfaction of the Finance Department; (contact Linda Nelson in the Finance Department to have this condition cleared). 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; When submitting Deeds please provide a Schedule Page which includes the legal description of the lands in question for stamping purposes. Failure to provide this Schedule page will result in the delay of stamping the Deeds until it is received Page 8 of 19

9 CONSENT PUBLIC HEARING: 6. FILE NO.: B93/01 ACUMEN IINVESTMENTS LTD. 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 11:30 am that day; 7. Prior to the issuance of a building permit, if required, the applicant shall fulfil and comply with all of the above noted consent conditions; 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. PERMISSION PUBLIC HEARING: 7. FILE NO. A258/01 FILOMENA LOMUTO Part of Lot 5, Concession 7, (Lot 57, Registered Plan 9831, municipally known as 7710 Islington Avenue). By-law 1-88 zones this parcel C1 Restricted Commercial and R3 Residential. The applicant is requesting permission to permit the enlargement of an existing one-storey commercial building which is presently legal non-conforming, notwithstanding, the legal non-conforming use will be extended to the addition (auto body repair shop) where as an auto body repair shop is not permitted in the current zone. Also, the applicant is requesting variances to permit construction of a proposed onestorey addition to the existing one-storey commercial building, notwithstanding,, the nature of the proposed variances, the proposed changes to the existing By-law and the current By-law requirements are as follows: OF VARIANCES PROPOSED BY-LAW REQUIREMENTS CHANGES Minimum rear yard setback 9.64m 15.0m Minimum landscape strip width along a lot 0.0m 6.0m line abutting a street line (Specifically the lot line which abuts Islington Avenue) Minimum setback from the R zone to any building structure 0.0m 9.0m Page 9 of 19

10 PERMISSION PUBLIC HEARING: 7. FILE NO. A258/01 FILOMENA LOMUTO Vito Lomuto, the agent, appeared on behalf of the applicant. The Committee asked Mr. Lomuto if he read the conditions in the Draft Report Book, he stated that he had and that he concured with staff comments. The Committee asked Mr. Lomuto to address the letter of opposition and he stated that the increase in traffic and black smoke coming from the direction of the shop are understandable concerns but cannot be the blame of the applicant. Traffic in the can be busy but not due to the applicants shop. A letter of support was faxed by Tony Chiodo, of Antorisa Investments Limited, 580 Evans Avenue, Toronto, Ontario, M8W 2W1 A letter of opposition was received from Maria and Domenic Rotundo, 162 Pioneer Lane, Woodbridge, Ontario, L4L 2J1, some of the concerns expressed related to increase traffic congestion, depreciation of property value, increase pollution which may contaminate garden and fruit trees. A petition in support of the application was faxed by the agent. The following people are listed on the petition: Coffee Time Byung HO Leem # Islginton Ave. Woodbridge Ontario L4L 1W3 Salon Classique Steven Yokana # Islginton Ave. Woodbridge Ontario L4L 1W3 Riccardo Rocher 161 Pioneer Lane. Woodbridge Ontario L4L 2J1 Pizza Pizza Mahmoud Ahorramdel # Islginton Ave. Woodbridge Ontario L4L 1W3 Active Green & Ross, Sambo Chaom 7720 Islginton Ave. Woodbridge Ontario L4L 1W3 Elvio Celli 164 Pioneer Lane. Woodbridge Ontario L4L 2J1 Convenience Store Patel, Nila Dhiren # Islginton Ave. Woodbridge Ontario L4L 1W3 Platinum Auto Glass Leo Campanella 7730 Islginton Ave. Woodbridge Ontario L4L 1W3 Maria Fedele 158 Pioneer Lane. Woodbridge Ontario L4L 2J1 Giuseppina Gusciglio 152 Pioneer Lane. Woodbridge Ontario L4L 2J1 Vottenico Rotundo 162 Pioneer Lane. Woodbridge Ontario L4L 2J1 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 both the variances and the permission sought 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. T. DeCicco Seconded by K. Hakoda THAT Application No. A258/01 FILOMENA LOMUTO be REFUSED. Page 10 of 19

11 MINOR VARIANCE PUBLIC HEARING: 8. FILE NO. A338/01 SAM AND NANCY CONDO Part of Lot 15, Concession 6 (Part of Lot 59, Registered Plan 65M-3432, municipally known as 77 Siderno Crescent). By-law 1-88 zones this parcel R1 - Residential. The applicant is requesting a variance to permit the permit the construction of a wider driveway at the curb line, notwithstanding, the maximum curb cut will be 9.0m, rather than the By-law requires the maximum curb cut to be 6.0m. Joe DiGiuseppe, the agent, appeared on behalf of the applicant and gave a brief submission regarding the request, addressing the concerns raised by the Planning Department. A fax letter was of support was received from Domenic Dell Elce, 82 Siderno Crescent, Woodbrdge, Ontario, L4L 9M5. The Community Planning Department made the following written comments; This Department has not supported curb cuts in the past. There are accumulative adverse impacts from increasing the width of driveways from the required maximum 6.0m. Included among these impacts: reduced landscaping; reduced areas for snow storage and garbage removal; and reduced potential for on street parking. To this end, Staff does not support Application A338/01. The Engineering Department made the following written comments; Engineering Department staff have visited the site in response to the application to widen the driveway. There are no existing boulevard items that would be adversely impacted by the proposed widening, however, the widening driveway and required curb cut are not inc conformity with By-law There were no other objections from any Departments or Agencies. The Committee is of the opinion that the variance sought can be considered minor and is desirable for the appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will be maintained. MOVED by.l. Fluxgold Seconded by T. DeCicco THAT Application No. A338/01 SAM AND NANCY CONDO be APPROVED. Page 11 of 19

12 MINOR VARIANCE PUBLIC HEARING: 9. FILE NO. A339/01 ASSUNTINO AND ANGELINA RICCIUTO Part of Lot 20, Concession 4, (Lot 22, Plan M-4626, municipally known as 22 Gram Street, Maple). By-law 1-88 zones this parcel R1V Old Village Residential. The applicants are requesting variances to permit the construction of a one storey accessory building (greenhouse), in the rear yard of an existing one storey single family dwelling, notwithstanding, the maximum lot coverage will be 26%, rather than the previously approved 25%, and the reduced rear yard setback will be 2.3m., rather than the By-law requires the minimum rear yard setback to be 7.5m. Harry Balodis, the agent appeared on behalf of the applicant and gave a brief submission regarding the request giving a brief history of the property including past variance applications. Committee asked if the greenhouse had been started, and he answered yes. Henry Corazza, C.E.T., 20 Gram Street, Maple, Ontario, L6A 1R6, submitted a letter of opposition. Some of his concerns related to the location of the greenhouse being within an easement allowance and setting a negative precedent regarding increase in lot coverage. The Community Planning Department made the following written comments; As a result of three Committee of Adjustment decisions (Files A277/97, A260/98 and A286/99), the lot coverage has been increased from 20% to 25%. Staff is concerned, this being the fourth application before the Committee of Adjustment to increase the lot coverage on the subject lands, that a further loss of amenity space for the property. In view of the above, Staff does not support Variance Application A339/01. 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. T. DeCicco Seconded by S. Perrella THAT Application No. A339/01 ASSUNTINO & ANGELINA RICCIUTO, be APPROVED, subject to the following conditions: 1. That the variance for the reduction in the rear yard setback and the increased lot coverage are conditional upon the property being constructed in accordance with the requested variances as shown on the attached sketch forming part of this application, if required, to the satisfaction of the Building Standards Department; 2. That a Building Permit be applied for, if required, 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. Page 12 of 19

13 MINOR VARIANCE PUBLIC HEARING: 10. FILE NO. A341/01 FIELDGATE TRAILS LTD. Part of Lot 19, Conc. 5, (Lot 14, Registered Plan 65M-3446, municipally known as 55 Cormorant Cres.). By-law 1-88 zones this parcel RV4 (WS) Residential Urban Village Zone Four (Wide Shallow). The applicant is requesting a variance to permit the construction of a two storey single family detached dwelling, with attached garage, notwithstanding, the minimum rear yard setback will be 5.64m, rather than the By-law requires minimum rear yard setback of 6.0m. William Yip, the agent, appeared on behalf of the applicant and gave a brief submission regarding the request. A letter was submitted from the applicant, Frank Mantia at Fieldgate Homes, which states that he has spoken with the purchasers who are aware of why the application is before the Committee. There were no objections from any Departments or Agencies. The Committee is of the opinion that the variance sought can be considered minor and is desirable for the appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will be maintained. MOVED by. K. Hakoda Seconded by S. Perrella THAT Application No. A341/01 FIELDGATE TRAILS LTD., be APPROVED. 11. FILE NO. A342/ ONTARIO LTD. Part of Lot 23, Concession 8, (Part of Lots 31, 32, & 33, Draft Plan No. 65R-18214, municipally known as Islington Avenue, (formerly part of Islington Avenue, Kleinburg). By-law 1-88 zones this parcel C1 Restricted Commercial. The applicant is requesting variances to permit the continued construction of a two storey, mixed use commercial / residential building (commercial on first floor, and rental on second floor), notwithstanding, the nature of the proposed variances, the proposed changes to the existing By-law and the current By-law requirements are as follows: OF VARIANCES PROPOSED BY-LAW Minimum landscaping shall be per revised schedule attached with this application CHANGES as per sketch attached Minimum front yard setback 3.5m 4.476m Minimum interior side yard setback 1.88m 2.19m Minimum rear yard setback 11.45m 12m REQUIREMENTS as per schedule from the Ontario Municipal Board Order No Page 13 of 19

14 MINOR VARIANCE PUBLIC HEARING: 11. FILE NO. A342/ ONTARIO LTD. Frank Greco, the agent, appeared on behalf of the applicant and gave a brief history of the property. John McMahon of Kleinburg Area Ratepayer Association, Box 202, Kleinburg, Ontario, L0J 1C0; Robert Klein, 8 Daleview Court, Kleinburg, Ontario, L0J 1C0; Barry Horosko, 7501 Keele Street, Suite 200, Vaughan, Ontario, L4K 1Y2 and Lucio Polsinelli, DiPoce Management, 488 Edgeley Boulevard, Unit #2, Vaughan, Ontario L4K 4G4, all appeared in opposition to the request. Some of the concerns expressed related to possible deficiency in parking spaces not addressed in the application, and the question of the appropriateness of the Committee granting a variance to an Ontario Municipal Board Decision. Mr. Polsinelli submitted pictures during his submission. Mr. Greco, addressed the concerns of the people present. There was no one else in attendance either in support of or in opposition to the request. There were no objections from any Departments or Agencies. The Committee is of the opinion that the variances sought cannot 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. S. Perrella Seconded by L. Fluxgold THAT Application No. A342/ ONTARIO LTD., be REFUSED. It should be noted that S. Perrella left the Council Chambers at this time and did not take part in the discussion nor voted on the following items. 12. FILE NO. A343/01 VITULLO INVESTMENTS Part of Lot 15, Conc. 3, (Part of Lot 22, Registered Plan 65M-2795, municipally known as 2077 Rutherford Rd., - formerly 720 Westburne Drive.). By-law 1-88 zones this parcel C7 Service Commercial. The applicant is requesting a variance to permit the continued construction of a two storey office building for a day nursery, notwithstanding, the minimum parking spaces will be 48, permitted only in conjunction with a day nursery use on the subject lands, rather than the By-law requires minimum parking spaces of 61. Aldo Mirgello, the agent, appeared on behalf of the applicant and gave a brief submission regarding the request. He questioned the wording of the Engineering Department condition. The Committee explained that they have received revised comments from the Engineering Department, which were displayed in the report book for all concerned to see and will replace the old condition with the revised condition. It will read: That the proposed mutual parking and access relationship be confirmed through a registered clause or easement that encumbers the respective site owners, if required to the satisfaction of the Engineering Department; Page 14 of 19

15 Mr. Mirigello, agreed to the new wording of the Engineering Department condition; Page 15 of 19

16 MINOR VARIANCE PUBLIC HEARING: 12. FILE NO. A343/01 VITULLO INVESTMENTS The Engineering Department made the following written comments; The following are Engineering Department comments following our December 5, 2001, meeting regarding the above-noted site plan application and receipt of a hand-delivered letter from Vitullo Investments dated December 6, We remain concerned that the subject site may generate undesirable on-street parking along Westburne Drive. The applicants again should be placed on notice that should this occur the City may post parking restrictions on both sides of Westburne Drive south of Rutherford Road in the future. 2. We do not oppose the concept of shared off-street parking compatible with different peak demands of adjoining sites. We do require assurances that the adjoining sites agree to shared parking. Currently the two sites (i.e. this site and the banquet hall and retail fireplace showroom to the south) are under common ownership. However, if either should undergo a change of ownership, or change in land use allowed by the current building zoning, then peak parking demands could change as well. Therefore, as a condition of Engineering Department approval, we require that the proposed mutual parking and access relationship be confirmed through a registered clause or easement that encumbers the respective site owners.. 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. A343/01 VITULLO INVESTMENTS, be APPROVED, subject to the following conditions: 1. That the reduction of the parking spaces is permitted only in conjunction with a day nursery use on the subject lands, if required, to the satisfaction of the Building Standards Department; 2. That the site plan and landscape plan of Site Development Application DA be amended to reflect the introduction of the daycare use, if required, to the satisfaction of the Planning Department; 3. That the proposed mutual parking and access relationship be confirmed through a registered clause or easement that encumbers the respective site owners, if required, to the satisfaction of the Engineering Department; 4. That if the conditions listed above are not fulfilled within (12) months of the date this decision becomes final and binding, the said decision shall expire and shall be deemed to have been annulled and rescinded by the Committee. Page 16 of 19

17 MINOR VARIANCE PUBLIC HEARING: 13. FILE NO. A344/01 CATHERINA & GIUSEPPE CUDA Part of Lot 14, Conc. 8, (Part of Lot 15, Registered Plan 65M-2808, municipally known as 319 Roselawn Drive, Woodbridge). By-law 1-88 zones this parcel R1 Residential. The applicant is requesting variances to permit the maintenance of a two storey single family detached dwelling, with attached garage, notwithstanding, the rear yard setback to the accessory structure (greenhouse/solarium) is 1.83m, height of the accessory structure is 4.98m, the roof being 1.98m., rather than the By-law requires minimum rear yard setback to the accessory structure of 10.0m, maximum height for the accessory structure including roof of 4.5m. David DiBiase, the agent, appeared on behalf of the applicant and gave a brief submission regarding the request. He submitted photos and a petition in support of the application. The Petition and photos were returned to Mr. DiBiase and he was told that his petition was illegible and instructed to print out the signatures and full mailing addresses and re-submit the petition to the Committee of Adjustment office the next day. Planning Department made the following written comments: Given the magnitude of the requested variances from the by-law requirement for rear yard setback, this department does not consider this application to meet the intent of the Zoning By-law. The community Planning Department does not support Variance Application A344/01.. 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 T. DeCicco THAT Application No. A344/01 CATHERINA & GIUSEPPE CUDA, be APPROVED, subject to the following conditions: 1. That a building permit be obtained and that the variances are conditional upon the accessory structure being constructed in accordance with the requested variances as shown on the attached sketch forming part of this application, if required, to the satisfaction of the Building Standards Department; 2 That if the condition listed above is not fulfilled within (12) months of the date this decision becomes final and binding, the said decision shall expire and shall be deemed to have been annulled and rescinded by the Committee. It should be noted, as of writing these minutes, Mr. Di Biase has failed to return with the petition and photographs. He contacted staff on December 7, 2001 had his deadline extended until Monday, December 10, 2001 and he did not appear. Therefore, the names on the petition will not be considered a true submission and will not be part of these minutes. Page 17 of 19

18 MINOR VARIANCE PUBLIC HEARING: It should be noted that S. Perrella returned to the Council Chambers at this time and T. DeCicco left the Council Chambers and did not take part in the following discussions or vote on the matter. 14. FILE NO. A345/01 ROYAL 400 CENTRE INC. Part of Lot 11, Concession 5 (Part of Block 5, Registered Plan 65M-3107, municipally known as 3600 Langstaff Road). By-law 1-88 zones this parcel AC7" Service Commercial. The applicant is requesting variances to permit the maintenance of an outdoor patio to an existing one storey commercial building (Unit # 1), notwithstanding, the outdoor patio is 88m 2 and exceeds 50% of gross floor area (G.F.A.) of eating establishment, rather than the By-law requires the outdoor patio to be 69m 2 which does not exceed 50% of G.F.A. of eating establishment. Also, 268 parking spaces are provided, rather than the 284 parking spaces required. Joe Natale, the agent, appeared on behalf of the applicant. 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. A345/01 ROYAL 400 CENTRE INC. be APPROVED, subject to the following conditions: 1. That the applicant shall amend the approved Site Plan Agreement for the subject lands, if required, to the satisfaction of the Community Planning Department; 2. That if the condition listed above is not fulfilled within (12) months of the date this decision becomes final and binding, the said decision shall expire and shall be deemed to have been annulled and rescinded by the Committee. T. DeCicco returned to the Council Chambers at this time. 15. FILE NO. A346/01 LORWOOD HOLDINGS INC. Part of Lot 15, Concession 4, (Part of Block 1, Plan 19T-88099, municipally known as 350 Caldari Road, Concord). By-law 1-88 zones this parcel AEM1 Prestige Employment Area Zone. The applicant is requesting a variance to permit the construction of one-storey industrial building, notwithstanding, the loading and unloading space will be between a building and a street, rather than the By-law does not permit loading and unloading between a building and a street. Page 18 of 19

19 MINOR VARIANCE PUBLIC HEARING: 15. FILE NO. A346/01 LORWOOD HOLDINGS INC. John Colussi, the agent appeared on behalf of the applicant. There were no objections from any Departments or Agencies. The Committee is of the opinion that the variance sought can be considered minor and is desirable for the appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will be maintained. MOVED by. L. Fluxgold Seconded by S. Perrella THAT Application No. A346/01 LORWOOD HOLDINGS INC., be APPROVED. OTHER BUSINESS None. MOTION TO ADJOURN MOVED by K. Hakoda Seconded by L. Fluxgold THAT the meeting of Committee of Adjustment be adjourned at 7:30 p.m., and the next regular meeting will be held on JANUARY 10, Page 19 of 19