item # 25 - vaughan
TRANSCRIPT
Prepared By: Tina Di Biase
File: A247/15 Applicant: BENEDETTO VENDITTI Address: 75 Pinemeadow Drive, Woodbridge Agent: Fausto Cortese Adjournment Status: Previously adjourned from the August 27,
2015 & September 17, 2015 meetings Notes: Comments/Conditions:
Commenting Department
Comment Condition of
Approval
Building Standards Development Planning Engineering TRCA PowerStream Ministry of Transportation York Region Other - _______________________
Legend: - Positive Comment
- Negative Comment
Item # 25
Ward #3
EXTRACTS FROM THE AUGUST 27, 2015 COMMITTEE OF ADJUSTMENT MINUTES Item # 13
FILE NUMBER: A247/15
APPLICANT: BENEDETTO VENDITTI PROPERTY: Part of Lot 15, Concession 6 (being Lot 15, Plan 65M-3319), municipally known as
75 Pinemeadow Drive, Woodbridge. ZONING: The subject lands are zoned R1, Residential Zone under By-law 1-88 as
amended. PURPOSE: To permit the construction of a rear yard cabana. PROPOSAL: 1. To permit a minimum interior side yard setback of 0.85m to the cabana.
2. To permit a minimum rear yard setback of 1.67m to the cabana. 3. To permit a minimum interior side yard setback of 0.85m to the pergola.
BY-LAW REQUIREMENT:
1. Minimum interior side yard setback 1.5m (cabana). 2. Minimum rear yard setback 7.5m (cabana). 3. Minimum interior side yard setback 2.79m (pergola).
Fausto Cortese, the agent appeared on behalf of the applicant and gave a lengthy submission regarding the request and submitted photographs of raised concrete pad, and landscape features. Mr. Cortese addressed concerns of a letter from Ronald and Allesandra Basso, 78 Muzich Place, Woodbridge, Ontario L4L 9C5 advising that the cabana when built, will contain washroom facilities, and mechanical equipment. The height of the cabana will be covered by trees, and will therefore not impact the neighbours visual, block sunlight or noise concerns. Brendan Ruddick, Loopstra Nixon, 135 Queens Plate Drive, Suite 600, Toronto, Ontario M9W 6V7, submitted a letter from Loopstra Nixon dated August 27, 2015 and appeared on behalf of the owner at 74 Muzich Place, Maple, Ontario L6A 1T1 (The Carol Annibale Family Trust). Mr Ruddick reiterated the objections stated in the letter regarding setbacks of current pool equipment, noise and height of cabana. No one else appeared before the Committee in support of or in opposition to the request. A request for decision was received from Brendan Ruddick, Loopstra Nixon, 135 Queens Plate Drive, Suite 600, Toronto, Ontario M9W 6V7 and The Carol Annibale Family Trust, 74 Muzich Place, Maple, Ontario L6A 1T1. MOVED by M. Mauti Seconded by J. Cesario THAT Application No. A247/15, BENEDETTO VENDITTI, be ADJOURNED to the September 17, 2015 meeting to allow the agent to meet with the neighbours and discuss their concerns.
CARRIED.
September 24, 2015
Benedetto Vendetti
75 Pinemeadow Drive Woodbridge, ON L4L 9J4 Dear BENEDETTO VENDITTI
Re:
Please be advised that at the Committee of Adjustment meeting of Thursday, September 17, 2015 the Committee agreed to ADJOURN the above-mentioned application, to allow the agent time to address neighbours’ concerns. The new hearing was re-scheduled for October 1, 2015 at 6:00 p.m. in the 2ND FLOOR COMMITTEE ROOMS 242/243. Your and/or your agent’s attendance will be required at that time. There will be no formal notification to remind you of your meeting. This letter has also been copied to the interested parties listed below. PLEASE CHANGE THE SIGNAGE ON THE PROPERTY TO READ OCTOBER 1, 2015, MEETING. A SIGNED FAX OR E-MAIL CAN BE SENT TO NOTIFY THIS OFFICE THAT THE CHANGE HAS BEEN DONE. If amendments are required to your application, please notify our office as soon as possible. If you have any questions regarding the above, please do not hesitate to contact the writer. Sincerely, Tina Di Biase Assistant to the Secretary-Treasurer to Committee of Adjustment City of Vaughan cc: Fausto Cortese, 3560 Rutherford Road, Unit 34, Woodbridge, ON L4H 3T8
Weston Downs Ratepayers’ Association, Mr. Anthony Francescucci, President, 1 Blackburn Blvd. Woodbridge, ON L4L 7J2 Pasquale & Maria Ippolito, 81 Pinemeadow Dr., Woodbridge, ON L4L 9J4 Vito and Inga Cirillo, 55 Pinemeadow Drive, Woodbridge, Ontario L4L 9L1 Paolo & Anna Primiani, 69 Pinemeadow Drive, Woodbridge, ON L4L 9L1 Loopstra Nixon LLP, Attn: J. Mark Joblin, 135 Queens Plate Drive, Suite 600, Toronto, Ontario M9W 6V7 The Carol Annibale Family Trust, 74 Muzich Place, Vaughan, ON L6A 1T1 R. & A. Basso, 78 Muzich Place, Woodbridge, ON L4L 9C5 Brendan Ruddick, 135 Queens Plate Drive, STE. 600, Toronto, ON M9W 6V7 Mark Joblin, Loopstra Nizon LLP, Woodbine Place,135 Queens Plate Drive, Ste.600, Toronto, ON M9W 6V7 Laurie Alkenbrack, Zoning Supervisor, Building Standards Department Letizia D’Addario, Development Planning Department Natalie Wong, Development Planning Department
COMMITTEE OF ADJUSTMENT 2141 Major Mackenzie Drive, Vaughan, Ontario, L6A 1T1
Tel [905] 832-2281 Fax [905] 832-8535
NOTICE OF APPLICATION MINOR VARIANCES
FILE NUMBER: A247/15 APPLICANT: BENEDETTO VENDITTI PROPERTY: Part of Lot 15, Concession 6 (being Lot 15, Plan 65M-3319),
municipally known as 75 Pinemeadow Drive, Woodbridge.
September 3, 2015
Benedetto Vendetti 75 Pinemeadow Drive Woodbridge, ON L4L 9J4 Dear BENEDETTO VENDITTI
Re:
Please be advised that at the Committee of Adjustment meeting of Thursday, August 27, 2015 the Committee agreed to ADJOURN the above-mentioned application, to allow the agent time to discuss concerns with the neighbours. The new hearing was re-scheduled for September 17, 2015 at 6:00 p.m. in the 2ND FLOOR COMMITTEE ROOMS 242/243. Your and/or your agent’s attendance will be required at that time. There will be no formal notification to remind you of your meeting. This letter has also been copied to the interested parties listed below. PLEASE CHANGE THE SIGNAGE ON THE PROPERTY TO READ SEPTEMBER 17, 2015, MEETING. A SIGNED FAX OR E-MAIL CAN BE SENT TO NOTIFY THIS OFFICE THAT THE CHANGE HAS BEEN DONE. If amendments are required to your application, please notify our office as soon as possible. If you have any questions regarding the above, please do not hesitate to contact the writer. Sincerely, Tina Di Biase Assistant to the Secretary-Treasurer to Committee of Adjustment City of Vaughan cc: Fausto Cortese, 3560 Rutherford Road, Unit 34, Woodbridge, ON L4H 3T8
Weston Downs Ratepayers’ Association, Mr. Anthony Francescucci, President, 1 Blackburn Blvd. Woodbridge, ON L4L 7J2 Pasquale & Maria Ippolito, 81 Pinemeadow Dr., Woodbridge, ON L4L 9J4 Vito and Inga Cirillo, 55 Pinemeadow Drive, Woodbridge, Ontario L4L 9L1 Paolo & Anna Primiani, 69 Pinemeadow Drive, Woodbridge, ON L4L 9L1 Loopstra Nixon LLP, Attn: J. Mark Joblin, 135 Queens Plate Drive, Suite 600, Toronto, Ontario M9W 6V7 The Carol Annibale Family Trust, 74 Muzich Place, Vaughan, ON L6A 1T1 R. & A. Basso, 78 Muzich Place, Woodbridge, ON L4L 9C5 Brendan Ruddick, 135 Queens Plate Drive, STE. 600, Toronto, ON M9W 6V7 Mark Joblin, Loopstra Nizon LLP, Woodbine Place,135 Queens Plate Drive, Ste.600, Toronto, ON M9W 6V7 Laurie Alkenbrack, Zoning Supervisor, Building Standards Department Letizia D’Addario, Development Planning Department Natalie Wong, Development Planning Department
COMMITTEE OF ADJUSTMENT 2141 Major Mackenzie Drive, Vaughan, Ontario, L6A 1T1
Tel [905] 832-2281 Fax [905] 832-8535
NOTICE OF APPLICATION MINOR VARIANCES
FILE NUMBER: A247/15 APPLICANT: BENEDETTO VENDITTI PROPERTY: Part of Lot 15, Concession 6 (being Lot 15, Plan 65M-3319),
municipally known as 75 Pinemeadow Drive, Woodbridge.
Form 9
COMMITTEE OF ADJUSTMENT 2141 Major Mackenzie Drive, Vaughan, Ontario, L6A 1T1
Tel [905] 832-2281 Fax [905] 832-8535
FILE NUMBER: A247/15 APPLICANT: BENEDETTO VENDITTI PROPERTY: Part of Lot 15, Concession 6 (being Lot 15, Plan 65M-3319), municipally known as 75
Pinemeadow Drive, Woodbridge. ZONING: The subject lands are zoned R1, Residential Zone under By-law 1-88 as amended.
PURPOSE: To permit the construction of a rear yard cabana. PROPOSAL: 1. To permit a minimum interior side yard setback of 0.85m to the cabana.
2. To permit a minimum rear yard setback of 1.67m to the cabana. 3. To permit a minimum interior side yard setback of 0.85m to the pergola.
BY-LAW REQUIREMENT:
1. Minimum interior side yard setback 1.5m (cabana). 2. Minimum rear yard setback 7.5m (cabana). 3. Minimum interior side yard setback 2.79m (pergola).
A sketch is attached illustrating the request. This application will be heard by the Committee of Adjustment on the date and time shown below.
DATE: THURSDAY, AUGUST 27, 2015 TIME: 6:00 PM LOCATION: COMMITTEE ROOM 242/243 (2nd Floor)
VAUGHAN CITY HALL 2141 MAJOR MACKENZIE DRIVE VAUGHAN, ONTARIO L6A 1T1
You are invited to attend this public hearing in person to express your views about this application or you may be represented by counsel for that purpose. If you do not attend at the hearing it may proceed in your absence and, except as otherwise provided in the Planning Act, you will not be entitled to any further notice of the proceedings. If you wish to be notified of the decision of the Committee of Adjustment with respect to this application, you must complete the attached “Request for Decision” form and submit it to the Secretary-Treasurer. Additional information is available from the Committee of Adjustment staff between 8:30 a.m. and 4:30 p.m. Monday to Friday at the Committee of Adjustment, Clerks Department: Tel:(905) 832-8585/Fax: (905) 832-8535. If you wish to make written comments on this application they may be forwarded to the Secretary - Treasurer of the Committee of Adjustment PRIOR TO THE MEETING. Your comments are collected under the legal authority of the Planning Act, R.S.O. 1990,Chapter c. P.13, as amended. Your comments in respect to this application becomes the property of the City of Vaughan and will become part of the decision making process of the application as noted on this form. Pursuant to Section 27 of the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M.56, as amended, public feedback to planning proposals is considered to be a public record and will be disclosed to any individual (including being posted on the internet) upon request in accordance with Section 27 of the Municipal Freedom of Information and Protection Privacy Act, R.S.O. 1990, c. M.56, as amended. Questions about this collection should be directed to the Secretary-Treasurer, Vaughan Committee of Adjustment, Clerk’s Department, 2141 Major Mackenzie Drive, Vaughan, Ontario; L6A 1T1 (905) 832-8585 x.8332. DATED THIS 12th DAY OF AUGUST, 2015. Todd Coles, BES, MCIP, RPP
Manager of Development Services and Secretary-Treasurer to Committee of Adjustment
Agenda packages will be available prior to the hearing at:
Vaughan.ca/CofA
NOTICE OF APPLICATION MINOR VARIANCE
The City of Vaughan makes every effort to ensure that this map is free of errors but does not warrant that the map or its features are spatially,
tabularly, or temporally accurate or fit for a particular use. This map is provided by the City of Vaughan witthout warranties of any kind, either
expressed or implied.
0 0.03 0.060.015 Kilometers
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Location Map -A247/15
City of Vaughan
75 Pinemeadow Drive, Woodbridge
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* Comments are based on the review of documentation supplied with this application.
2141 Major Mackenzie Drive Vaughan, Ontario Canada L6A 1T1 Tel (905) 832-2281
To: Committee of Adjustment From: Moira Coughlan, Building Standards Department Date: August 12, 2015 Name of Owner: Benedetto Venditti Location: 75 Pine Meadow Drive PLAN 65M3319 Lot 15 File No.(s): A247/15 R1 Zoning Classification:
The subject lands are zoned R1, Residential Zone under By-law 1-88 as amended.
Proposal:
1. To permit a minimum interior side yard setback of 0.85m to the cabana. 2. To permit a minimum rear yard setback of 1.67m to the cabana. 3. To permit a minimum interior side yard setback of 0.85m to the pergola.
By-Law Requirements:
1. Minimum interior side yard setback 1.5m (cabana). 2. Minimum rear yard setback 7.5m (cabana). 3. Minimum interior side yard setback 2.79m (pergola).
Staff Comments: Stop Work Orders and Orders to Comply:
Order-to-Comply # 15-0175, # 15-0178 and # 15-0202 have been issued for construction without obtaining a building permit.
Building Permits Issued:
A building permit has not been issued. The Ontario Building Code requires a building permit for structures that exceed 10m2.
Other Comments:
1. The applicant should note that the maximum encroachment of eaves AND gutters is 0.5m.
2. The applicant shall be advised that additional variances may be required upon review of detailed drawings for building permit/site plan approval.
Conditions of Approval:
If the committee finds merit in the application, the following conditions of approval are recommended. None
RECEIVED
August 13, 2015 VAUGHAN COMMITTEE
OF ADJUSTMENT
Page 1 of 2
Development Planning Department I City of Vaughan I 2141 Major Mackenzie Drive I Vaughan, ON L6A 1T1
T: 905.832.8585 I F: 905.832.6080 I www.vaughan.ca
DATE:
August 18, 2015
TO:
Todd Coles, Committee of Adjustment
FROM:
Grant Uyeyama, Director of Development Planning
MEETING DATE:
August 27, 2015
OWNER: Benedetto Venditti
FILE(S):
A247/15
Location:
75 Pinemeadow Drive, Woodbridge Ward 3, Vicinity of Rutherford Road and Pine Valley Drive
Proposal:
The Owner is requesting permission for the continued construction of an accessory structure (cabana) and to construct an architectural element (pergola) in the rear yard with the following variances:
Variance Proposed Required
1 Minimum interior side yard setback to the accessory structure (cabana).
0.85 m 1.5 m
2 Minimum rear yard setback to the accessory structure (cabana).
1.67 7.5 m
3 Minimum interior side yard setback to the pergola.
0.85m 2.79 m
Official Plan:
The subject lands are designated “Low-Rise Residential” by City of Vaughan Official Plan 2010 (VOP 2010). The proposal conforms to the policies of the Official Plan.
Comments: Condition(s):
The Planning Department conducted a site visit with photo documentation on August 7, 2015. The subject lands are developed with a two-storey single detached dwelling located on the south side of Pinemeadow Drive. The Planning Department has no objections to Variances # 1 and #2 for the interior side yard and rear yard setbacks to the cabana. The proposed cabana maintains the as-of-right height and floor area requirement as stipulated by Zoning By-law 1-88. The cabana is also screened from the neighbour to the west (interior side) by a solid wood fence and the neighbour’s mature trees. In addition, several neighbouring properties have constructed accessory structures in the rear yard similar in location and setbacks. The Planning Department has no concern with Variance # 3. The pergola is open and unenclosed, thereby having minimal visual or physical impact on the abutting property to the west. Accordingly, the Planning Department is of the opinion that the proposal is minor in nature, meets the intent of the Zoning By-law, and is desirable for the appropriate development of the land. That the Owner submit a letter of intent to provide appropriate landscape screening in the form of emerald cedars, within a month of the cabana being completed, to screen the rear of the cabana from the adjacent rear yard neighbour.
Page 2 of 2
Development Planning Department I City of Vaughan I 2141 Major Mackenzie Drive I Vaughan, ON L6A 1T1
T: 905.832.8585 I F: 905.832.6080 I www.vaughan.ca
Recommendation:
The Planning Department supports Minor Variance Application A247/15, subject to the above-noted condition.
Report Prepared By: Letizia V. D’Addario, Planner 1
Clement Messere, Senior Planner
DATE: August 17, 2015
TO: Todd Coles, Committee of Adjustment FROM: Tak Yin Chan
Development Engineering & Infrastructure Planning Services MEETING DATE: August 27, 2015 OWNER: BENEDETTO VENDITTI FILE(S): A247/15
Location: Part of Lot 15, Concession 6 (being Lot 15, Plan 65M-3319),
municipally known as 75 Pinemeadow Drive, Woodbridge Proposal: 1. To permit a minimum interior side yard setback of 0.85m to the
cabana. 2. To permit a minimum rear yard setback of 1.67m to the cabana. 3. To permit a minimum interior side yard setback of 0.85m to the pergola. By-Law Requirement:
1. Minimum interior side yard setback 1.5m (cabana).
2. Minimum rear yard setback 7.5m (cabana). 3. Minimum interior side yard setback 2.79m (pergola).
Comments: Note the Development Engineering and Infrastructure Planning
Services Department requires a drainage swale to be maintained, which generally requires a 0.6m setback. Based on the sketch provided with the application, the proposed setbacks of the cabana and pergola do not appear negatively affect the existing drainage pattern.
Accordingly, the Development Engineering and Infrastructure Planning Services Department offers no comments or objection to Minor Variance Application A247/15.
Conditions: None.
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Di Biase, Tina
Subject: FW: A247/15 Request for Comments
From: Hurst, Gabrielle [mailto:[email protected]] Sent: Friday, August 14, 2015 3:54 PM To: Di Biase, Tina; Coles, Todd; Providence, Lenore; Attwala, Pravina Subject: RE: A247/15 Request for Comments Good Afternoon Tina, The Region of York has reviewed the above Minor Variance application and has no objections. Please contact me if you require any additional information. Regards, Gabrielle
Gabrielle Hurst, MCIP. RPP. C.Tech | Programs and Process Improvement 1‐877‐464‐9675 ext. 71538 | [email protected]
1
Date: August 14, 2015
Attention: Tina Di Biase
RE: Request for Comments
File No.: A247/15
Related Files:
Applicant: Benedetto Venditti
Location: 75 Pinemeadow Drive, Woodbridge
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COMMENTS:
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 PowerStream 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 PowerStream’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. Barry N. Stephens Mr. Tony D’Onofrio Commercial & Industrial Services Supervisor Supervisor, Subdivisions & New Services Phone: 1-877-963-6900 ext. 4425 Phone: 1-877-963-6900 ext. 24419 Fax: 905-532-4401 Fax: 905-532-4401 E-mail: [email protected] E-mail: [email protected]
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Di Biase, Tina
Subject: FW: Application A247/15
From: Fausto Cortese [mailto:[email protected]] Sent: Monday, September 14, 2015 11:11 AM To: Coles, Todd Cc: Di Biase, Tina Subject: Re: Application A247/15 Hi Todd Please adjourn this application until October 1st. Thank You Fausto Cortese