consent staff report - vaughan.ca · the use of mechanical instruments, or other mechanical or...

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Staff Report Summary Item # 09 Ward # 1 File: A081/18 Applicant: Kleinburg North Holdings Ltd. Address: 10483 Islington Avenue, Kleinburg Agent: Joe DiGiuseppe Please note that comments received after the preparation of this Staff Report (up until 12:00 p.m. on the scheduled hearing date) will be provided as an addendum. Commenting Department Positive Comment Negative Comment Condition(s) Committee of Adjustment Building Standards Building Inspection Development Planning Requesting adjournment Development Engineering Parks Department By-law & Compliance Financial Planning & Development Fire Department TRCA Ministry of Transportation Region of York Alectra (Formerly PowerStream) Public Correspondence (see Schedule B) Adjournment History: None Background History: A098/15 (see next page for details) Staff Report Prepared By: Lenore Providence Hearing Date: Thursday, June 21, 2018

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Page 1: CONSENT STAFF REPORT - vaughan.ca · The use of mechanical instruments, or other mechanical or electrical music equipment, and dancing, theatrical performances or audio/visual presentations,

Staff Report Summary Item # 09

Ward # 1

File: A081/18 Applicant: Kleinburg North Holdings Ltd. Address: 10483 Islington Avenue, Kleinburg Agent: Joe DiGiuseppe

Please note that comments received after the preparation of this Staff Report (up until 12:00 p.m. on the scheduled hearing date) will be provided as an addendum.

Commenting Department Positive Comment

Negative Comment

Condition(s)

Committee of Adjustment

Building Standards

Building Inspection

Development Planning Requesting adjournment

Development Engineering

Parks Department

By-law & Compliance

Financial Planning & Development

Fire Department

TRCA

Ministry of Transportation

Region of York

Alectra (Formerly PowerStream)

Public Correspondence (see Schedule B)

Adjournment History: None

Background History: A098/15 (see next page for details)

Staff Report Prepared By: Lenore Providence

Hearing Date: Thursday, June 21, 2018

Page 2: CONSENT STAFF REPORT - vaughan.ca · The use of mechanical instruments, or other mechanical or electrical music equipment, and dancing, theatrical performances or audio/visual presentations,

Staff Report A081/18 Page 2

Minor Variance Application

A081/18

Agenda Item: 6-12

Ward: 1

Staff Report Prepared By: Lenore Providence, Assistant Secretary Treasurer

Date of Hearing: Thursday , June 21, 2018 Applicant: Kleinburg North Holdings Ltd. Agent: Joe DiGiuseppe Property: 10483 Islington Avenue, Kleinburg Zoning: The subject lands are zoned C11 Mainstreet Commercial, under By-law

1-88 as amended. OP Designation: VOP 2010: "Mainstreet Commercial" under the Kleinburg Core Area

Specific Policy (Volume 2, S. 12.4) and within the Kleinburg-Nashville Heritage Conservation Area.

Related Files: None Purpose: Relief from the By-law is being requested to accommodate a proposed

restaurant. The following variances are being requested from By-Law 1-88, as amended, to accommodate the above proposal:

By-law Requirement Proposal

1. A minimum of 64 parking spaces are required. 1. To permit a minimum of 15 parking spaces for the Eating Establishment with patio.

2. A cellar/basement shall be used for no other purpose than storage, mechanical and/or laundry facilities or parking.

2. To permit the cellar/basement to be used for bathrooms.

Background (previous applications approved by the Committee on the subject land):

Application No.: Description:

Status of Approval: Approved/Refused/Withdrawn/

OMB/Concurrent

A098/15 To permit the construction of an one-story addition to existing one and two storey commercial building. 1. To permit a minimum front yard setback of 0.0 metres

to the porch and steps. 2. To permit a minimum front yard setback of 1.135

metres to the structure. 3. To permit a minimum northerly interior side yard

setback of 0.56 metres to the structure. 4. To permit a minimum aisle width of 3.245 metres. 5. To permit a minimum parking space size of 2.7 metres

X 5.7 metres. 6. To permit a minimum handicap parking space size of

3.9 metres X 5.7 metres. 7. To permit a driveway width at the property line to be a

minimum of 4.645 metres. 8. To permit a minimum landscape strip of 0.425 metres

where the northerly boundary abuts a use other than residential and open space.

9. To permit a minimum landscape strip of 0.0 metres along the easterly and southerly lot lines where they abut a residential use.

10. To permit a minimum landscape strip of 0.0 metres along the front lot line where it abuts a street.

APPROVED April 16/15

Page 3: CONSENT STAFF REPORT - vaughan.ca · The use of mechanical instruments, or other mechanical or electrical music equipment, and dancing, theatrical performances or audio/visual presentations,

Staff Report A081/18 Page 3

For information on the previous approvals listed above please visit www.vaughan.ca. To search for a file number, enter it using quotes around it. For example, “A001/17”. To search property address, enter street number and street name using quotes. For example, “2141 Major Mackenzie”. Do not include street type (i.e. drive). Adjournment History: N/A

Staff & Agency Comments

Please note that comments received after the preparation of this Staff Report (up until 12:00 p.m. on the scheduled hearing date) will be provided as an addendum. Committee of Adjustment: Public notice was mailed on June 6, 2018 Applicant confirmed posting of signage on June 4, 2018

Property Information

Existing Structures Year Constructed

Dwelling 1901, renovated 2017

Applicant has advised that they cannot comply with By-law for the following reason(s): Maximum amount of parking spaces have been provided on the lot. Food storage is best suited in the basement. Recommended conditions of approval: (Use only those that apply) Building Standards (Zoning Review): Stop Work Order(s) and Order(s) to Comply: N/A Building Permit No. 15-003309 R1 for Single Use (Commercial) - Addition, Issue Date: Mar 31, 2016 Building Permit No. 15-003466 for Single Use (Commercial) - Non-Res Demolition, Issue Date: Oct 29, 2015 Building Permit No. 15-003309 for Single Use (Commercial) - Addition, Issue Date: Dec 24, 2015 Building Permit No. 15-003309 R2 for Single Use (Commercial) - Interior Unit Alteration, Issue Date: Oct 07, 2016 The applicant shall note the following: Please contact the Development Planning Department at (905)832-8565 to enquire as to whether a site plan approval process is required. The applicant shall be advised that additional variances may be required upon review of detailed drawing for building permit/site plan approval. Any lighting facilities illuminating an outdoor patio shall be arranged so as to deflect light away from adjoining properties and streets. The use of mechanical instruments, or other mechanical or electrical music equipment, and dancing, theatrical performances or audio/visual presentations, music concerts and shows, shall not be permitted in areas designated for outdoor patio use. Building Inspections (Septic): No comments or concerns Development Planning: VOP 2010: "Mainstreet Commercial" under the Kleinburg Core Area Specific Policy (Volume 2, S. 12.4) and within the Kleinburg-Nashville Heritage Conservation Area. The Owner is currently revising the proposed Parking Study in accordance with comments provided by Transportation Engineering, who are not in support of the original proposal. As such, the Development Planning Department recommends that the application be adjourned until such time that the revised Parking Study has been provided and Transportation Engineering staff have had the opportunity to review the revised proposal.

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Page 4: CONSENT STAFF REPORT - vaughan.ca · The use of mechanical instruments, or other mechanical or electrical music equipment, and dancing, theatrical performances or audio/visual presentations,

Staff Report A081/18 Page 4

Development Engineering: The Development Engineering (DE) Department has reviewed variance application A081/18. Following our Transportation Division review of the provided parking study, Transportation offers the following comment(s) listed below in addition to the provided memorandum saved under attachments: We do not agree with the conclusion of the report. The proposed (estimated) parking supply is considerably less than the usual calculated rates listed in the City’s comprehensive By-Law 1-88 and IBI Parking Standards that is approved by this Section and endorsed by the City Council. Provided below are our comments & suggestions pertaining to the submission; Comments 1. The estimated parking must reflect the recommendation of Kleinburg Economic Development Strategy

Study (KEDS study, adopted by the City Council) that specifically indicates that “on a practical basis moving forward the KEDS study encourage the adoption and application of the recently recommended (IBI Report, March 2010) parking supply rate requirements for development applications within the Kleinburg Village Mainstreet and Core areas in advance of Council approval.”

2. Staff acknowledged that KEDS study sought to permit the use of publicly available on-street parking for the

commercial development. However, we know through our observations/site statistics that there is a parking shortage on City Streets in the vicinity of subject site. Therefore, street parking could not be considered in parking estimation/calculation. Table 4-3 of the report has also recorded a very high parking demand on City Streets during peak hours

3. The proposed development should accommodate its parking demand on-site with limited reliance on public

parking, whereas subject development is proposing its majority of parking supply off-site i.e. on City Streets (80% street parking considering by-law 1-88 and 50% street parking considering IBI Study. Please note, Cash-in-Lieu Policy would apply to the proposed development as it is located within Kleinburg Community.

Suggestions/Report Revision: 4. Parking estimation/calculation should not be based on a single site survey i.e. at 10512 Islington Avenue.

The estimated parking ratio of 2.4 spaces per 100 m2 or 1 spaces per 13.5 seats is not acceptable, as it does not represent the parking demand of a typical restaurant/eating establishment. The estimated parking ratio must be supported by a comprehensive parking study of the Local Centres, as proposed development would be in Local Centres. Please note, IBI Parking Study recommends a parking ratio of 8 spaces/100 m2 for the eating establishment located in Local Centres/Kleinburg Nashville.

5. Maximize on-site parking through the use of Valet Parking services if possible. 6. Optimize the shared parking characteristics through shared agreement if possible. Parks Development: No comments or concerns By-Law and Compliance, Licensing and Permit Services: No Response. Financial Planning and Development Finance: Please Note: 1. That the payment of the City Development Charge is payable to the City of Vaughan prior to issuance of a

building permit in accordance with the Development Charges Act and City-wide Development Charge By-law in effect at time of payment.

2. That the payment of Region of York Development Charge is payable to the City of Vaughan prior to

issuance of a building permit in accordance with the Development Charges Act and Regional Development Charges By-laws in effect at time of payment.

3. That the payment of Education Development Charge is payable to the City of Vaughan prior to issuance of

a building permit in accordance with the Development Charges Act and York Region District School Board and York Catholic District School Board Development Charges By-laws in effect at time of payment

4. That the payment of applicable Special Area Development Charges are payable to the City of Vaughan

prior to issuance of a building permit in accordance with the Development Charges Act and Special Area Development Charge By-laws in effect at time of payment.

Page 5: CONSENT STAFF REPORT - vaughan.ca · The use of mechanical instruments, or other mechanical or electrical music equipment, and dancing, theatrical performances or audio/visual presentations,

Staff Report A081/18 Page 5

Fire Department: No Response. Schedule A – Plans & Sketches Schedule B – Public Correspondence None Schedule C - Agency Comments MTO – Located outside of MTO permit control area Alectra (Formerly PowerStream) – No concerns or objections Region of York – No concerns or objections Schedule D - Previous Approvals (Notice of Decision) Minor Variance A098/15 Staff Recommendations: Staff and outside agencies (i.e. TRCA) act as advisory bodies to the Committee of Adjustment. Comments received are provided in the form of recommendations to assist the Committee. The Planning Act sets the criteria for authorizing minor variances to the City of Vaughan’s Zoning By-law. Accordingly, review of the application considers the following: ✓ That the general intent and purpose of the by-law will be maintained.

✓ That the general intent and purpose of the official plan will be maintained.

✓ That the requested variance(s) is/are acceptable for the appropriate development of the subject lands.

✓ That the requested variance(s) is/are minor in nature. Should the Committee find it appropriate to approve this application in accordance with request and the sketch submitted with the application as required by Ontario Regulation 200/96.

Conditions

It is the responsibility of the owner/applicant and/or authorized agent to obtain and provide a clearance letter from respective department and/or agency. This letter must be provided to the Secretary-Treasurer to be finalized. All conditions must be cleared prior to the issuance of a Building Permit.

Notice to the Applicant – Development Charges That the payment of the Regional Development Charge, if required, 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. That the payment of the City Development Charge, if required, 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. That the payment of the Education Development Charge if required, 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 That the payment of Special Area Development charge, if required, 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 to the satisfaction of the Reserves/Capital Department;

Page 6: CONSENT STAFF REPORT - vaughan.ca · The use of mechanical instruments, or other mechanical or electrical music equipment, and dancing, theatrical performances or audio/visual presentations,

Staff Report A081/18 Page 6

Notice to Public

WRITTEN SUBMISSIONS: Any person who supports or opposes this application, but is unable to attend the hearing, may make a written submission, together with reasons for support or opposition, which must be delivered no later than 12:00 p.m. on the scheduled public hearing date. Written submissions can be mailed and/or emailed to: City of Vaughan Committee of Adjustment 2141 Major Mackenzie Drive, Vaughan, ON L6A 1T1 [email protected] ORAL SUBMISSIONS: If you wish to attend the meeting you will be given an opportunity to make an oral submission. Presentations to the Committee are generally limited to 5 minutes in length. Please note that Committee of Adjustment meetings are audio recorded. Your name, address comments and any other personal information will form part of the public record pertaining to this application. PUBLIC RECORD: Personal information is collected under the authority of the Municipal Act, the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA), the Planning Act and all other relevant legislation, and will be used to assist in deciding on this matter. All personal information (as defined by MFIPPA), including (but not limited to) names, addresses, opinions and comments collected will become property of the City of Vaughan, will be made available for public disclosure (including being posted on the internet) and will be used to assist the Committee of Adjustment and staff to process this application. NOTICE OF DECISION: If you wish to be notified of the decision in respect to this application or a related Local Planning Appeal Tribunal (LPAT) hearing you must complete a Request for Decision form and submit to the Secretary Treasurer (ask staff for details). In the absence of a written request to be notified of the Committee’s decision you will not receive notice.

For further information please contact the City of Vaughan, Committee of Adjustment

T 905 832 8585 Extension 8394 E [email protected]

Page 7: CONSENT STAFF REPORT - vaughan.ca · The use of mechanical instruments, or other mechanical or electrical music equipment, and dancing, theatrical performances or audio/visual presentations,

Staff Report A081/18 Page 7

Schedule A: Plans & Sketches

Please note that the correspondence listed in Schedule A is not comprehensive. Plans & sketches received after the preparation of this staff report will be provided as an addendum. Correspondence will only be accepted until 12:00 p.m. on the date of the scheduled hearing. Location Map Sketches

Page 8: CONSENT STAFF REPORT - vaughan.ca · The use of mechanical instruments, or other mechanical or electrical music equipment, and dancing, theatrical performances or audio/visual presentations,

10483 ISLINGTON AVENUE, KLEINBURG

LOCATION MAP - A081/18

Scale: 1: 3,242

May 18, 2018 12:53 PM

Page 9: CONSENT STAFF REPORT - vaughan.ca · The use of mechanical instruments, or other mechanical or electrical music equipment, and dancing, theatrical performances or audio/visual presentations,

SITE PLAN

1:100A101

Project Architect:

Assistant Designer:

Checked By:

Drawn By:

Plot Date:

1320 Shawson Drive,Phone. 905.795.2601

Job #

issued for revisions

TITLEBLOCK SIZE: x 900

L4W 1C3

www.gc-architects.comFax.905.795.2844Suite 100 M

ississauga Ontario

This drawing, as an instrument of service, is provided by and is the

property of Graziani + Corazza Architects Inc. The contractor m

ust verify andaccept responsibility for all dim

ensions and conditions on site and must notify

Graziani + Corazza Architects Inc. of any variations from

the supplied information.

Graziani + Corazza Architects Inc. is not responsible for the accuracy of survey,

structural, mechanical, electrical, etc., engineering inform

ation shown on this drawing.Refer to the appropriate engineering drawings before proceeding with the work.Construction m

ust conform to all applicable codes and requirem

ents of the authoritieshaving jurisdiction. Unless otherwise noted, no investigation has been undertaken orreported on by this office in regards to the environm

ental condition of this site.

This drawing is not to be scaled. All architectural symbols indicated on this drawing are

graphic representations only.

Conditions for electronic information transfer

Electronic information is supplied to the other associated firm

s to assist them in the

execution of their work/review. The recipient firms m

ust determine the

completeness/appropriateness/relevance of the inform

ation in respect to their particularresponsibility.

Graziani + Corazza Architects Inc. shall not be responsible for:

1.Errors, om

issions, incompleteness due to loss of inform

ation in whole or partwhen inform

ation is transferred.2.

Transmission of any virus or dam

age to the receiving electronic system when

information is transferred.

610

Apr. 19, 2018

project type

AMERICANO

BAR

10483 Islington AvenueKleinburg

Ontario

__

_

__

_

MANI

__

_

1562.17

01.SEP.18.2017

ISSUED FOR TENANT IMPROVEM

ENT__

02.APRIL.19.2018

RE-ISSUED FOR TENANT IMPROVEM

ENT__

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112 SM
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355.96 SM
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APRIL 30, 2018
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A081/18
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1. To permit a minimum of 15 parking spaces for the Eating Establishment with patio. ` 2. To permit the cellar/ basement to be used for bathrooms.
Page 10: CONSENT STAFF REPORT - vaughan.ca · The use of mechanical instruments, or other mechanical or electrical music equipment, and dancing, theatrical performances or audio/visual presentations,
attwalap
Typewritten Text
Revised June 6, 2018
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A081/18
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Page 11: CONSENT STAFF REPORT - vaughan.ca · The use of mechanical instruments, or other mechanical or electrical music equipment, and dancing, theatrical performances or audio/visual presentations,

GROUND FLO

OR PLAN

1:50A302

Project Architect:

Assistant Designer:

Checked By:

Drawn By:

Plot Date:

1320 Shawson Drive,Phone. 905.795.2601

Job #

issued for revisions

TITLEBLOCK SIZE: x 900

L4W 1C3

www.gc-architects.comFax.905.795.2844Suite 100 M

ississauga Ontario

This drawing, as an instrument of service, is provided by and is the

property of Graziani + Corazza Architects Inc. The contractor m

ust verify andaccept responsibility for all dim

ensions and conditions on site and must notify

Graziani + Corazza Architects Inc. of any variations from

the supplied information.

Graziani + Corazza Architects Inc. is not responsible for the accuracy of survey,

structural, mechanical, electrical, etc., engineering inform

ation shown on this drawing.Refer to the appropriate engineering drawings before proceeding with the work.Construction m

ust conform to all applicable codes and requirem

ents of the authoritieshaving jurisdiction. Unless otherwise noted, no investigation has been undertaken orreported on by this office in regards to the environm

ental condition of this site.

This drawing is not to be scaled. All architectural symbols indicated on this drawing are

graphic representations only.

Conditions for electronic information transfer

Electronic information is supplied to the other associated firm

s to assist them in the

execution of their work/review. The recipient firms m

ust determine the

completeness/appropriateness/relevance of the inform

ation in respect to their particularresponsibility.

Graziani + Corazza Architects Inc. shall not be responsible for:

1.Errors, om

issions, incompleteness due to loss of inform

ation in whole or partwhen inform

ation is transferred.2.

Transmission of any virus or dam

age to the receiving electronic system when

information is transferred.

610

Apr. 19, 2018

project type

AMERICANO

BAR

10483 Islington AvenueKleinburg

Ontario

__

_

__

_

MANI

__

_

1562.17

01.SEP.18.2017

ISSUED FOR TENANT IMPROVEM

ENT__

02.APRIL.19.2018

RE-ISSUED FOR TENANT IMPROVEM

ENT__

providel
Text Box
A081/18
providel
Typewritten Text
APRIL 30, 2018
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Text Box
New
Page 12: CONSENT STAFF REPORT - vaughan.ca · The use of mechanical instruments, or other mechanical or electrical music equipment, and dancing, theatrical performances or audio/visual presentations,

MEZZANINE FLO

OR PLAN

1:50A303

Project Architect:

Assistant Designer:

Checked By:

Drawn By:

Plot Date:

1320 Shawson Drive,Phone. 905.795.2601

Job #

issued for revisions

TITLEBLOCK SIZE: x 900

L4W 1C3

www.gc-architects.comFax.905.795.2844Suite 100 M

ississauga Ontario

This drawing, as an instrument of service, is provided by and is the

property of Graziani + Corazza Architects Inc. The contractor m

ust verify andaccept responsibility for all dim

ensions and conditions on site and must notify

Graziani + Corazza Architects Inc. of any variations from

the supplied information.

Graziani + Corazza Architects Inc. is not responsible for the accuracy of survey,

structural, mechanical, electrical, etc., engineering inform

ation shown on this drawing.Refer to the appropriate engineering drawings before proceeding with the work.Construction m

ust conform to all applicable codes and requirem

ents of the authoritieshaving jurisdiction. Unless otherwise noted, no investigation has been undertaken orreported on by this office in regards to the environm

ental condition of this site.

This drawing is not to be scaled. All architectural symbols indicated on this drawing are

graphic representations only.

Conditions for electronic information transfer

Electronic information is supplied to the other associated firm

s to assist them in the

execution of their work/review. The recipient firms m

ust determine the

completeness/appropriateness/relevance of the inform

ation in respect to their particularresponsibility.

Graziani + Corazza Architects Inc. shall not be responsible for:

1.Errors, om

issions, incompleteness due to loss of inform

ation in whole or partwhen inform

ation is transferred.2.

Transmission of any virus or dam

age to the receiving electronic system when

information is transferred.

610

Apr. 19, 2018

project type

AMERICANO

BAR

10483 Islington AvenueKleinburg

Ontario

__

_

__

_

MANI

__

_

1562.17

01.SEP.18.2017

ISSUED FOR TENANT IMPROVEM

ENT__

02.APRIL.19.2018

RE-ISSUED FOR TENANT IMPROVEM

ENT__

riamonaco
Text Box
112 SM
providel
Text Box
A081/18
providel
Typewritten Text
APRIL 30, 2018
providel
Text Box
New
Page 13: CONSENT STAFF REPORT - vaughan.ca · The use of mechanical instruments, or other mechanical or electrical music equipment, and dancing, theatrical performances or audio/visual presentations,

Staff Report A081/18 Page 8

Schedule B: Public Correspondence Received

Please note that the correspondence listed in Schedule B is not comprehensive. Written submissions received after the preparation of this staff report will be provided as an addendum. Written submissions from the public will only be accepted / processed until 12:00 p.m. on the date of the scheduled hearing. Letter of Objection – K.A.R.A. (June 7, 2018)

Page 14: CONSENT STAFF REPORT - vaughan.ca · The use of mechanical instruments, or other mechanical or electrical music equipment, and dancing, theatrical performances or audio/visual presentations,

Sent Via Email From KARA Kleinburg Area Ratepayer’s Association Mayor and Members of Council Committee of Adjustment Members Heritage Vaughan Committee 2141 Major Mackenzie Drive Vaughan, Ontario L6A 1P7 RE: Committee of Adjustment – File A-081/18 10483 Islington Avenue, City of Vaughan Dear Mayor Bevilacqua, Members of Council and Interested Parties: The Kleinburg Area Ratepayer’s Association (KARA) would like to express our concerns regarding the proposed “Adjustments” to the above noted property. After reviewing the proposal, we have two specific objections to the application as it undermines important By-Laws and OP requirements for the Village of Kleinburg and the Kleinburg-Nashville Heritage Conservation District. KARA cannot support the proposed “Adjustments” in their current form. First, the applicant did receive approval from Heritage Vaughan in 2016, with the proviso stipulated below as taken from the Heritage Vaughan Report dated April 20, 2016.

“In accordance with Zoning By-law 1-88, the proposed second floor deck will only be used in association with the second floor residential use and not the ground floor commercial use. Any proposed changes to this will trigger a Zoning By-law Amendment and Site Plan Approval and will be required to return to Heritage Vaughan for review and approval.”

The applicant is proposing a second floor rooftop patio and inside dining area with a capacity of 60 seats and 48 seats respectively. This is in addition to a main floor dining area of 88 seats for a total capacity of 196 patrons. Second, KARA does not support any proposal with a parking deficiency. In this application parking is 80% deficient and the parking spots are smaller than By-law dimensions. The proposal only provides 15 parking spaces for the eating establishment and roof top patio vs a minimum requirement of 75 parking spaces. KARA continues to assert that the lack of parking in the Kleinburg core is creating a negative and lasting impact on the safety and viability of the area. KARA respectfully requests that the applicant be asked to reconsider and amend the current application, adhering to the applicable By-laws and seeking re-approval from Heritage Vaughan given the proposed use of the second floor. Respectfully, Kleinburg Area Ratepayer’s Association

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RECEIVED
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Typewritten Text
JUNE 7, 2018
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Typewritten Text
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Typewritten Text
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Staff Report A081/18 Page 9

Schedule C: Agency Comments

Please note that the correspondence listed in Schedule C is not comprehensive. Comments received after the preparation of this staff report will be provided as an addendum. Correspondence will only be accepted until 12:00 p.m. on the date of the scheduled hearing. MTO – Located outside of MTO permit control area Alectra (Formerly PowerStream) – No concerns or objections Region of York – No concerns or objections

Page 16: CONSENT STAFF REPORT - vaughan.ca · The use of mechanical instruments, or other mechanical or electrical music equipment, and dancing, theatrical performances or audio/visual presentations,

1

Providence, Lenore

Subject: FW: Request for Comments - Minor Variances

From: Nunes, Paul (MTO) [mailto:[email protected]]  

Sent: May‐08‐18 1:15 PM 

To: Vigneault, Christine <[email protected]> Cc: Providence, Lenore <[email protected]>; Della Mora, Dan (MTO) <[email protected]>; Attwala, Pravina <[email protected]>; MacPherson, Adriana <[email protected]> Subject: Request for Comments ‐ Minor Variances  

Hello Christine, MTO Highway Corridor Management Section has reviewed the locations of the following Applications for Minor Variance: A373/17 - 8470 Keele St Vaughan ON A060/18 - 80 Orico Ct Kleinburg A078/18 - 201 Upper Post Rd Maple ON A068/18 - 59 Deerchase Crcl Woodbridge ON

A081/18 - 10483 Islington Ave Vaughan A080/18 - 8099 Weston Road, Unit 25, Woodbridge The properties listed above appear to be located outside of the MTO Permit Control Area, and therefore an MTO Building & Land Use Permit from this office is not required. At this time, this office has no further comments. Please do not hesitate to contact me if you have any further questions. Thank you, Paul Nunes | Corridor Management Officer Ministry of Transportation | Corridor Management Section | York Region 159 Sir William Hearst Avenue, 7th floor Building D, Downsview, ON M3M 0B7 (416) 235-5559 | [email protected]

Confidentiality Warning: This message and any attachments may contain PRIVILEGED and CONFIDENTIAL INFORMATION and is intended only for the use of the recipient(s). If you are not the intended recipient, you are hereby notified that any review, retransmission, conversion to hard copy, copying, circulation or other use of this message and any attachments is strictly prohibited. If you have received this message in error, please immediately notify the sender by return e-mail, and delete this message and any attachments from your system. Thank you.  

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2

COMMENTS:

Alectra Utilities (formerly PowerStream) has received and reviewed the proposed Variance Application. This

review, however, does not imply any approval of the project or plan.

All proposed billboards, signs, and other structures associated with the project or plan must maintain minimum clearances to the existing overhead or underground electrical distribution system as specified by the applicable standards, codes and acts referenced. In the event that construction commences, and the clearance between any component of the work/structure and the adjacent existing overhead and underground electrical distribution system violates the Occupational Health and Safety Act, the customer will be responsible for 100% of the costs associated with Alectra making the work area safe. All construction work will be required to stop until the safe limits of approach can be established. In the event construction is completed, and the clearance between the constructed structure and the adjacent existing overhead and underground electrical distribution system violates the any of applicable standards, acts or codes referenced, the customer will be responsible for 100% of Alectra’s cost for any relocation work.

References:

Ontario Electrical Safety Code, latest edition (Clearance of Conductors from Buildings)

Ontario Health and Safety Act, latest edition (Construction Protection)

Ontario Building Code, latest edition (Clearance to Buildings)

PowerStream (Construction Standard 03-1, 03-4), attached

Canadian Standards Association, latest edition (Basic Clearances)

If more information is required, please contact either of the following:

Mr. Stephen Cranley, C.E.T Mr. Tony D’Onofrio Supervisor, Distribution Design, ICI Supervisor, Subdivisions & New Services Phone: 1-877-963-6900 ext. 31297 Phone: 1-877-963-6900 ext. 24419 Fax: 905-532-4401 Fax: 905-532-4401

E-mail: [email protected] Email: [email protected]

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1

Providence, Lenore

Subject: FW: A081/18 - REQUEST FOR REVISED COMMENTSAttachments: A081-18 - CIRCULATION-REVISED JUNE 6-2018.pdf

From: Hurst, Gabrielle [mailto:[email protected]]  

Sent: June‐07‐18 9:07 AM To: Attwala, Pravina <[email protected]>; Providence, Lenore <[email protected]>; MacPherson, Adriana <[email protected]> Subject: FW: A081/18 ‐ REQUEST FOR REVISED COMMENTS 

Good Morning Pravina, The Regional Municipality of York has completed its review of the Revised Minor Variance application and has no comments.  

Gabrielle Hurst, MCIP.RPP. C.Tech 

Programs and Process Improvement I Planning and Economic Development Branch I Corporate Services 

The Regional Municipality of York I 17250 Yonge Street I Newmarket, ON L3Y 6Z1 O 1‐877‐464‐9675 ext. 71538 I [email protected] I Our Values: Integrity, Commitment, Accountablity, Respect, Excellence 

Page 19: CONSENT STAFF REPORT - vaughan.ca · The use of mechanical instruments, or other mechanical or electrical music equipment, and dancing, theatrical performances or audio/visual presentations,

Staff Report A081/18 Page 10

Schedule D: Previous Approvals (Notice of Decision) Minor Variance Application A098/15

Page 20: CONSENT STAFF REPORT - vaughan.ca · The use of mechanical instruments, or other mechanical or electrical music equipment, and dancing, theatrical performances or audio/visual presentations,

COMMITTEE OF ADJUSTMENT ~~,.VAUGHAN 2141 Major Mackenzie Drive, Vaughan, Ontario. L6A 1T1 Tel [905] 832-2281 Fax [905] 832-8535

FILE NUMBER:

APPLICANT:

PROPERTY:

ZONING:

PURPOSE:

PROPOSAL:

BY-LAW REQUIREMENT:

NOTICE OF DECISION MINOR VARIANCES

A098/15

KLIENBURG NORTH HOLDINGS LTD.

Part of Lot 24, Concession 8 (Lot 5, Registered Plan No. 11) municipally known as 10483 Islington Avenue, Kleinburg

The subject lands are zoned C11 Mainstreet Commercial, under By-law 1-88 as amended.

To permit the construction of an one-story addition to existing one and two storey comerical building.

1. To permit a minimum front yard setback of 0.0 metres to the porch and steps. 2. To permit a minimum front yard setback of 1.135 metres to the structure. 3. To permit a minimum northerly interior side yard setback of 0.56 metres to the

structure. 4. To permit a minimum aisle width of 3.245 metres. 5. To permit a minimum parking space size of 2.7 metres X 5.7 metres. 6. To permit a minimum handicap parking space size of 3.9 metres X 5.7 metres. 7. To permit a driveway width at the property line to be a minimum of 4.645 metres. 8. To permit a minimum landscape strip of 0.425 metres where the northerly boundary

abuts a use other than residential and open space. 9. To permit a minimum landscape strip of 0.0 metres along the easterly and southerly

lot lines where they abut a residential use. 10. To permit a minimum landscape strip of 0.0 metres along the front lot line where it

abuts a street.

1. A minimum front yard setback of 2.0 metres is required. 2. A minimum front yard setback of 2.0 metres is required. 3. A minimum interior side yard setback of 1.8 metres is required. 4. A minimum aisle width of 6.0 metres is required. 5. A minimum parking space size of 2.7 metres X 6.0 metres is required. 6. A minimum handicap parking space size of 3.9 metres X 6.0 metres is required. 7. 7.5 metre driveway width at the property line is permitted . 8. A minimum landscape strip of 1.8 metres is required where a boundary abuts a use

other than residential and open space. 9. A minimum landscape strip of 2.4 metres is required where a boundary abuts a

residential use. 10. A minimum landscape strip of 2.0 metres is required where a boundary abuts a

street.

Sketches are attached illustrating the request.

MOVED BY:

SECONDED BY:

THAT the Committee is of the opinion that th variances sought, can be considered minor and are desirable for the appropriate development and e of the land. The general intent and purpose of the By­law and the Official Plan will be maintained.

THAT Application No. A098/15, KLIENBURG NORTH HOLDINGS LTD., be APPROVED, in accordance with the sketches attached and subject to the following conditions:

1. That related Site Development File DA.14.065 be approved by the Vaughan Planning Department, if required , to the satisfaction of the Development Planning Department

2. That if the condition(s) listed above is/are not fulfilled and the Building Permit is not applied for within twelve (12) months of the date this decision becomes final and binding, the said decision shall expire and shall be deemed to have been annulled and rescinded by the Committee. (PLEASE NOTE THAT THIS TIME PERIOD CANNOT BE EXTENDED IN ANY WAY, FAILURE TO MEET THIS DEADLINE WILL RESULT IN REQUIRING A NEW APPLICATION AND FEE.)

Page 1 of 2

Page 21: CONSENT STAFF REPORT - vaughan.ca · The use of mechanical instruments, or other mechanical or electrical music equipment, and dancing, theatrical performances or audio/visual presentations,

COMMITTEE OF ADJUSTMENT VARIANCE A098/15

VERY IMPORTANT: IT IS THE RESPONSIBILITY OF THE OWNER/APPLICANT AND/OR AGENT TO OBTAIN AND PROVIDE A CLEARANCE LETTER FROM EACH AGENCY AND/OR DEPARTMENT LISTED IN THE CONDITIONS WHETHER "IF REQUIRED" APPEARS IN THE CONDITION OR NOT, AND FORWARD THIS CLEARANCE LETTER TO THE SECRETARY-TREASURER AS SOON AS THE CONDITIONS ARE FULFILLED.

FAILURE TO COMPLY WITH THIS PROCEDURE WILL RESULT IN A LETTER BEING FORWARDED BY THE SECRETARY-TREASURER INDICATING THIS FILE HAS LAPSED AND, THEREFORE, WILL NECESSITATE THAT A NEW APPLICATION BE SUBMITTED TO LEGALIZE THIS PROPERTY.

THIS MINOR VARIANCE DECISION IS NOT A BUILDING PERMIT AUTHORIZING CONSTRUCTION UNDER THE BUILDING CODE ACT, R.S.O. 1990, AS AMENDED. A BUILDING PERMIT MAY BE REQUIRED. PLEASE CONTACT THE BUILDING STANDARDS DEPARTMENT IN THE EVENT THAT YOU REQUIRE FURTHER CLARIFICATION.

CARRIED.

CHAIR: ~..::~:....L&:..~.d..::::lo.===-==--------Signed by all members present who concur in this decision:

R~ ~ A. Perrella, Chair Member

:!':.f::t Au .J; Member

CERTIFICATION I hereby certify this to be a true copy of the decision of the Committee of Adjustment, and this decision was concurred in by a majority of the members who heard this application.

Date of Hearing:

Last Date of Appeal:

APPEALS

Todd Coles, BES, MCIP, RPP Manager of Development Services and Secretary-Treasurer to Committee of Adjustment

APRIL 16, 2015

MAY 6, 2015

APPEALS MUST BE RECEIVED BY THIS OFFICE NO LATER THAN 4:30 P.M. ON THE LAST DATE OF APPEAL NOTED ABOVE.

Should you decide to appeal this decision to the Ontario Municipal Board, a copy of an appeal form is available for download in Microsoft Word and Adobe Acrobat versions from the Ontario Municipal Board website at www.omb.gov.on.ca. If you do not have Internet access, these forms can be picked up at the City of Vaughan, Committee of Adjustment offices.

Please fill out Form A 1 and follow the instructions as provided by the Ontario Municipal Board and submit your appeal to the City of Vaughan, Committee of Adjustment on or before the date stated above. You must enclose the completed form with the $690.00 processing fee, paid by certified cheque or money order, to the "TREASURER, CITY OF VAUGHAN" and the appeal fee of $125.00 for each application appealed , paid by certified cheque or money order, made payable to the "ONTARIO MINISTER OF FINANCE".

NOTE: The Planning Act provides for appeals to be filed by "persons". As groups or associations, such as residents or ratepayers groups which do not have incorporated status, may not be considered "persons" for the purposes of the Act, groups wishing to appeal this decision should do so in the name of individual group members, and not in the name of the group.

CONDITIONS IF ANY CONDITIONS ARE IMPOSED ON THIS APPLICATION, THE FINAL DATE FOR FULFILLING

THEM IS: MAY 6, 2016

Page 2 of 2 ~YVAUGHAN Form 12

Page 22: CONSENT STAFF REPORT - vaughan.ca · The use of mechanical instruments, or other mechanical or electrical music equipment, and dancing, theatrical performances or audio/visual presentations,

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8. To permit a minimum landscape ~

strip of 0 .425 metres where the l northerly boundary abuts a use II---H--1-----

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BUILDING

No. 10489

FRAME BUILDING

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~ 3. To pe rmit a minimum northerly P""

interior side yard setback of ..., 0.56 metres to the structure.

~---------------~~------

1. To permit a minimum front yard setback ot 0.0 metres to the porch and steps.

10. To permit a minimum landscape strip of 0.0 metres along the front lot line where it abuts a street.

i

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. ~ - 9. To permit a minimum

landscape strip of 0.0 metres ~ It'- io-" along the easterly and

s outherly lot lines where they abut a residential use.

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6. To permit a minimum handicap parking s pace size of 3.9 metres X 5.7 metres.

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2 STOREY FRAME & METioL

BUILDING

No. 10461

7. To permit a drivew ay width at the property line to be a minimum of 4.645 m etres

II PORCH

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2. To permit a minimum front yard setback of 1.135 metres to the structure.

Page 23: CONSENT STAFF REPORT - vaughan.ca · The use of mechanical instruments, or other mechanical or electrical music equipment, and dancing, theatrical performances or audio/visual presentations,

FILE NUMBER:

APPLICANT:

A098/15

COMMITTEE OF ADJUSTMENT 2141 Major Mackenzie Drive, Vaughan, ON L6A 1Tl

Phone: (905)832-8585 Fax: (905)832-8535

KLEIN BURG NORTH HOLDINGS L TO.

Subject Area Municipally known as 10483 Islington Avenue, Kleinburg