Minutes May 24, 2017 DISCLOSURE OF INTEREST PREVIOUS BUSINESS: 1. A/84/16 AGENDA Wednesday June 7, 2017 7:30pm Location: City of Markham, Council Chamber Address: 101 Town Centre Blvd. COMMITTEE OF ADJUSTMENT Owner Name: 2101125 Ontario Ltd. (Kirupakaran Ehamparam) Agent Name: Charles Sutherland Address: 7543 Kennedy Rd, Markham CON 6 PT LT 4 65R16696 PTS 1 & 2 The owner (s) are requesting relief from the requirements of By-law 90-81, as a) Amending By-law 2007-69, Section 7.50, 3b) i) a maximum of two medical clinics whereas the by-law only permits a maximum of one medical clinic; b) Amending By-law 2007-69, Section 7.50, 2e) a maximum gross floor area of 461.1m 2 whereas the by-law permits a maximum gross floor area of 430 m 2 ; c) Amending By-law 2007-69, Section 7.50, 3a) iv): a minimum landscape strip along the south lot line of 0.8 m whereas the by-law requires a minimum landscape strip along the south lot line of 1.4m; d) Amending By-law 2007-69, Section 7.50,3a) iii): a minimum landscape strip along the east lot line of 2.3m whereas the by-law requires a minimum landscape strip along the east lot line of 2.5m; e) Parking By-law 28-97, Section 3.0 Table B: a minimum of 1 parking space for every 30m 2 of net floor area whereas the By-law requires a minimum of 1 parking space for every 20 m 2 of net floor area; as they relate to a proposed medical building. (Central District, Ward 8) No members of the public spoke. Item Deferred 2. A/13/17 Owner Name: Shama Jawaid Agent Name: QX4 Investments Ltd. - Consulting Services (Ben Quan) Address: 52 Wootten Way, Markham
PLAN M1378 LOT 82 The owner (s) are requesting relief from the requirements of By-law 1229, as a) Infill By-law 99-90, Section 1.2 (iii): a maximum building depth of 17.3m whereas the By-law permits a maximum building depth of 16.8m; b) Infill By-law 99-90, Section 1.2 (vi): a maximum net floor area ratio of 50 percent whereas the By-law permits a maximum net floor area ratio of 45 percent; c) Section 11.2 (c) (i): a maximum permitted encroachment of 2.5 feet into the front yard whereas the By-law permits a maximum permitted encroachment of 18 inches; as it relates to a proposed residential dwelling. (East District, Ward 4) Agent, Ben Quan presented the application noting the item was deferred and the plans were reduced and that the revised plan is consistent with the Provincial Policy Statement. Spoke about resident concerns regarding the circular driveway and stated that no variance was required for the driveway. Resident (name muffled), expressed concerns regarding the massing of the proposed dwelling. Resident, expressed concern with precedent for circular driveways and the overall massing of the home. Agent, Ben Quan addressed the comments of the residents and stated that the home fits in with the context of the existing neighbourhood. Committee members, asked the applicant to consider removing the circular driveway as it was not supported. Agent, accepted to remove the driveway as an additional condition. Application approved. 3. A/21/17 Owner Name: Hui Cong & Chun Ming Li Agent Name: ProHome Consulting Inc. (Vincent Emam Jomeh) Address: 22 Worsley Crt, Markham PL 7566 LT 179
The owner (s) are requesting relief from the requirements of By-law 11-72, as a) Schedule 'B': a maximum building height of 27 feet whereas the By-law permits a maximum building height of 25 feet; as it relates to a proposed residential dwelling. (Central District, Ward 3) Agent Vincent Emam Jomeh, presented the application noting the change in the slope of the roof, addressing concerns from the residents. The residents that spoke expressed concern regarding the characteristic of the neighbourhood, proposed height, design of the proposed home, removal of trees and the grading of the home affecting proper drainage. The committee members questioned the trees being removed and overall massing of the home. Application deferred. NEW BUSINESS: 1. A/64/16 Owner Name: Wu's Landmark Group Inc. (Diana Wu) Agent Name: QX4 Investments Ltd. - Consulting Services (Ben Quan) Address: 10900 Warden Ave, Markham CON 4 PT LT 27 65R20145 PT 3 The owner (s) are requesting relief from the requirements of By-law 304-87, as a) Section 6.1: a 'dog kennel' within the definition of agricultural use whereas the By-law permits 'the keeping of animals kept for purposes other than food' within the definition of agricultural use. (West District, Ward 2) Agent, Ben Quan presented the application. 2. A/191/16 Owner Name: Junyong Zhang Agent Name: CANTAM GROUP LYD (YASO SOMALINGAM) Address: 57 Montrose Cres, Markham PLAN 65M2273 LOT 25
The owner (s) are requesting relief from the requirements of By-law 118-79, as a) Section 6.5 (c): a minimum north flankage yard setback of 4.35m; whereas, the By-law requires a minimum flankage yard setback of 4.5m; b) Section 7.2 (b): a minimum rear yard setback of 7.06m; whereas,the By-law requires a minimum rear yard setback of 7.5m; c) Section 7.2(c): a maximum lot coverage of 37.9 percent; whereas, the By-law permits a maximum lot coverage of 33 1/3 percent; d) Amending By-law 61-94, Section 13: a minimum south side yard setback of 1.22m for a two storey dwelling; whereas the By-law requires a minimum side yard setback of 1.8m for a two storey dwelling; e) Section 5.7: an encroachment of 0.70m into the flankage yard for walkup stairs from the basement; whereas, the bylaw only requires an encroachment of 0.45m into the flankage yard; as it relates to an addition to the existing dwelling. (Central District, Ward 2) Application withdrawn. 3. B/07/17 Owner Name: Anthony Battaglia Agent Name: Anthony Battaglia Address: 104 John St, Thornhill CON 1 PT LOT 30 The owner (s) are requesting provisional consent to: sever and convey a parcel of land with an approximate area of 534.3m 2 and lot frontage 12.19m (Part 1) while retaining a parcel of land with an approximate area of 2924.2m 2 and lot frontage of 49.95m (Part 2). The purpose of this application is to convey and merge Part 1 to the neighbouring residential lot (10 Deanbank Dr.). (Heritage District, Ward 1) Owner, Anthony Battaglia presented the application. Resident expressed concern with the removal of green space due to potential expansion of the existing home. Committee members question what the purpose of the severance was. Owner
explained that it was for his neighbour to have more table land for his grand kids to play on. Application approved. 4. A/49/17 Owner Name: EMMA BATORI-APOSTOLOPOULOS Agent Name: Thomas Melymuk Address: 42 East Dr, Markham PLAN 2926 S PT LOT 17 The owner (s) are requesting relief from the requirements of By-law 122-72, as a) Parking By-law 28-97, Section 6.1.2 (b): a parking space length of 5.0m inside an enclosed garage whereas the By-law requires a minimum parking space length of 5.8m inside an enclosed garage; as it relates to a proposed residential dwelling. (Central District, Ward 3) Agent, Thomas Melymuk presented the application, noting that various size cars will fit in the reduced garage. Application approved. 5. A/60/17 Owner Name: You Zehui & You Changye & Zheng Haohang Agent Name: JKO Planning Services Inc. (Mr Jim Kotsopolous) Address: 155 Krieghoff Ave, Markham PLAN 7566 LOT 199 The owner (s) are requesting relief from the requirements of By-law 11-72 as amended, to permit: a) Table B: a maximum building height of 26 feet,7 1/2 inches whereas the By-law permits a maximum building height of 25 feet; b) Table B: a maximum lot coverage of 36.24 percent whereas the By-law permits a maximum lot coverage of 33 1/3 percent; as it relates to a proposed residential dwelling. (Central District, Ward 3) Agent, Jim Kotsopolous presented the application noting that the proposed dwelling fits in with the existing characteristic of the neighbourhood. Resident, Don Beatie, 153 Krieghoff Ave, expressed concern regarding the removal trees on the property and the retaining wall. Request to have the tree
and wall removed. The residents expressed concern for the proposed massing of the home and that the proposal not fit the existing characteristic of the neighbourhood. The committee questioned the proposed height and asked if the applicant was willing to remove the height variance. Agent agreed to remove the height variance Application approved. 6. A/61/17 Owner Name: Under the Banyan Tree Centre for the Developmentally Disabled Agent Name: David Yung Address: 43 Ferrier St, Markham YORK REGION CONDO PLAN 512 LEVEL 1 UNIT 11 The owner (s) are requesting relief from the requirements of By-law 108-81, as a) Section 7.1.1 (b): a 'social community service centre' whereas the By-law does not permit a 'social community service centre.' (Central District, Ward 8) Owner, David Yung, presented the application. Residents and patrons of the program expressed support for the application to be approved. The committee expressed concern for the safety of the children attending the school due to industrial uses in the area, and would like more information on how the proposed use will be affected by the existing uses on the site. The committee also requested more information on access to the building will be provided to accommodate the special needs students. 7. A/63/17 Owner Name: ROCCO PRIORE Agent Name: SDG Design (Stefano DiGiulio) Address: 310 Main St, Markham CON 7 PT LOT 15
The owner (s) are requesting relief from the requirements of By-law 1229, as a) Section 11.3 (a) (i): a maximum accessory building height of 16 feet, 8 inches whereas the By-law permits a maximum accessory building height of 12 feet; b) Section 11.3 (a) (iii): a maximum lot coverage of 28.5 for an accessory building whereas the By-law permits a maximum lot coverage of 10 percent for an accessory building; c) Section 11.3 (a) (vi): an existing minimum rear yard setback of 3 feet 2 1/8 inches for an accessory building whereas the By-law requires a minimum rear yard setback of 4 feet for an accessory building; d) Table 11.1: a maximum lot coverage of 40.2 percent whereas the By-law permits a maximum lot coverage of 35 percent; e) Infill By-law 99-90, Section 1.2 (vi): a maximum net floor area ratio of 56.9 percent whereas the By-law permits a maximum net floor area ratio of 45 percent; f) Section 5.13.1: 'outside storage of vehicles, supplies and parts' at the rear of the property whereas the By-law does not permit 'outside storage of vehicles, supplies and parts'; g) Section 5.13.1: the 'sale of vehicles at the rear of the property' whereas the By-law does not permit the sale of vehicles; as it relates to an accessory garage addition for an automotive/motorcycle shop. (Heritage District, Ward 4) Application deferred. 8. A/64/17 Owner Name: Mohammad Reza Eskandari Agent Name: Bill Ross & Associates (Bill Ross) Address: 41 Elgin St, Thornhill PLAN 4211 PT LOT 15 The owner (s) are requesting relief from the requirements of By-law 2237, as a) Infill By-law 101-90, Section 1.2 (i): a maximum building height of 10.6m whereas the By-law permits a maximum building height of 9.8m; b) Infill By-law 101-90, Section 1.2 (iii): a maximum building depth of 25.79m whereas the By-law permits a maximum building depth of 16.8m; c) Amending By-law 61-94, Section 1:
a minimum side yard setback of 1.52m for both sides of the dwelling whereas the By-law requires a minimum side yard setback of 1.8m for both sides of the dwelling; as they relate to a proposed new residential dwelling. (West District, Ward 1) Application deferred. 9. A/65/17 Owner Name: 1895881 Ontario Corp (Paul Au) Agent Name: QX4 Investments Ltd. - Consulting Services (Ben Quan) Address: 20 Bur Oak Ave, Unit 12, Markham YORK REGION CONDO PLAN 1065 LEVEL 1 UNIT 15 The owner (s) are requesting relief from the requirements of By-law 177-96, as a) Parking By-law 28-97; Section 3.0, Table B: 214 parking spaces on site whereas the By-law requires 216 parking spaces; as it relates to a proposed Bubble Tea Cafe. (West District, Ward 6) Agent Ben Quan presented the application. Application approved. 10. A/66/17 Owner Name: Masoumeh Habibizeydehsaraei Agent Name: EZDA (Elmira Zarrabi) Address: 29 Silver Aspen Dr, Thornhill PLAN 7686 LOT 71 The owner (s) are requesting relief from the requirements of By-law 2150, as a) Section 6.1: a maximum lot coverage of 36.1percent; whereas the By-law permits a maximum lot coverage of 33 1/3percent (1,998 sq. ft.); b) Amending By-law 2223, Section 6.2: a minimum front yard setback of 18.5 ft (2nd floor guest room/cold cellar); whereas the By-law requires a minimum front yard setback of 20 feet; c) Section 3.7: a maximum west side yard encroachment of 36 to an uncovered platform/stairs; whereas the By-law permits a maximum yard encroachment of 18 into the required side yard; d) Section 6.1:
a maximum building height of 28.51 feet whereas the By-law permits a maximum building height of 25 feet; as it relates to a proposed residential dwelling. (West District, Ward 1) Agent presented the application. Residents expressed concern in regards to the overall massing of the home and the desire to maintain the existing character of the neighbourhood. Committee expressed concern with the massing of the home and the desire to maintain the characteristics of the existing neighbourhood. The committee has requested that the applicant reduce the scale of home. Application deferred. 11. A/67/17 Owner Name: RAMKUMAR SUNTHARALINGAM Agent Name: RAMKUMAR SUNTHARALINGAM Address: 29 Coleraine Ave, Markham PL 65M2527 LT 91 The owner (s) are requesting relief from the requirements of By-law 90-81, as a) Section 6.1.1: a second dwelling unit (basement apartment); whereas, the By-law permits no more than one single detached dwelling on one lot, as it relates to an existing basement apartment dwelling. (East District, Ward 7) Agent presented the application. A resident expressed concern with the dwelling becoming a rooming house. the Committee expressed concern with the potential for the applicant providing two additional secondary suites instead of one. Application deferred to allow the applicant to work out the design with staff. 12. A/68/17 Owner Name: Mark Gebrail & Antoinette Bou Chedid Agent Name: JKO Planning Services Inc. (Mr Jim Kotsopolous) Address: 12 Ida St, Thornhill
PLAN 9766 LOT 28 The owner (s) are requesting relief from the requirements of By-law 2237, as a) Section 6.1: a minimum front yard setback of 17.5 feet (Cold cellar/roofed porch); whereas, the By-law permits a minimum front yard setback of 27 feet; b) Amending by-law 101-90; Section 2.1(iv): a maximum building depth of 27.86 metres; whereas, the By-law permits a maximum building depth of 16.8 metres. c) Amending by-law 101-90; Section 2.1(vii): a maximum floor area ratio of 51.7 percent (6,397 sq. ft.); whereas, the By-law permits a maximum floor area ratio of 50 percent (6,188 sq. ft.), as they relate to a proposed new residential dwelling. (West District, Ward 1) Agent, Jim Kotsopoulous, presented the application, noting that the proposed home fits in with the existing characteristic of the neighbourhood. Residents expressed concern for the massing of the home, circular driveway, the impact of drainage and the proposed home not fitting in with the existing character of the neighbourhood and should be heard before the heritage committee. The committee noted that the application is not subject to heritage review. The committee questioned the depth variance and the rationale. The agent noted it includes the front and rear porch. Application deferred to allow the applicant to reduce the depth. Adjournment 1. Next Meeting: June 21, 2017 2. Adjournment