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Page 1 of 30 The Minutes of the 7 th Meeting of the Vaughan Committee of Adjustment for the year 2006 THURSDAY, APRIL 6, 2006 6:07p.m. Present at the meeting were: M. Mauti, Chair L. Fluxgold D. H. Kang M. S. Panicali Members of Staff present: Dianne E. L. Grout, Secretary-Treasurer Lenore Providence, Assistant to the Secretary-Treasurer Stephen Lue, & Christina Napoli, Planners Mike Ridgwell, Plans Examiner INTRODUCTION OF ADDENDUM REPORTS MOVED by L. Fluxgold Seconded by M. S. Panicali 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 M. Mauti, declared a conflict of interest with respect to Item# 24, File No. A107/06, LINDVEST PROPERTIES (BATHURST MACKENZIE) LIMITED, as she is employed by Bell Canada. ADOPTION OR CORRECTION OF MINUTES MOVED by L. Fluxgold Seconded by M. S. Panicali THAT the minutes of the Committee of Adjustment Meeting of Thursday, MARCH 22, 2006, be adopted as circulated. CARRIED ADJOURNMENTS AND/OR DEFERRALS On April 6, 2006, a fax was received from agent, Nelson Cunha, requesting that Item# 20, File No. A103/06 – PRIMONT HOMES (KIRBY) INC., be adjourned to the May 11, 2006 meeting, in order for new variances to be added to the application which will now require re-circulation. MOVED by L. Fluxgold Seconded by M. S. Panicali THAT Item# 20, File No. A103/06 – PRIMONT HOMES (KIRBY) INC., be adjourned to the May 11, 2006 meeting. CARRIED

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Page 1: THURSDAY, APRIL 6, 2006 › services › business › commitee_of...Page 1 of 30 The Minutes of the 7th Meeting of the Vaughan Committee of Adjustment for the year 2006 THURSDAY, APRIL

Page 1 of 30

The Minutes of the 7th Meeting of the Vaughan Committee of Adjustment

for the year 2006 THURSDAY, APRIL 6, 2006

6:07p.m.

Present at the meeting were: M. Mauti, Chair L. Fluxgold D. H. Kang M. S. Panicali Members of Staff present: Dianne E. L. Grout, Secretary-Treasurer Lenore Providence, Assistant to the Secretary-Treasurer Stephen Lue, & Christina Napoli, Planners Mike Ridgwell, Plans Examiner INTRODUCTION OF ADDENDUM REPORTS MOVED by L. Fluxgold Seconded by M. S. Panicali 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 M. Mauti, declared a conflict of interest with respect to Item# 24, File No. A107/06, LINDVEST PROPERTIES (BATHURST MACKENZIE) LIMITED, as she is employed by Bell Canada. ADOPTION OR CORRECTION OF MINUTES MOVED by L. Fluxgold Seconded by M. S. Panicali THAT the minutes of the Committee of Adjustment Meeting of Thursday, MARCH 22, 2006, be adopted as circulated.

CARRIED ADJOURNMENTS AND/OR DEFERRALS On April 6, 2006, a fax was received from agent, Nelson Cunha, requesting that Item# 20, File No. A103/06 – PRIMONT HOMES (KIRBY) INC., be adjourned to the May 11, 2006 meeting, in order for new variances to be added to the application which will now require re-circulation. MOVED by L. Fluxgold Seconded by M. S. Panicali THAT Item# 20, File No. A103/06 – PRIMONT HOMES (KIRBY) INC., be adjourned to the May 11, 2006 meeting. CARRIED

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COMMITTEE OF ADJUSTMENT MINUTES APRIL 6, 2006

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ADMINISTRATIVE CORRECTIONS MOVED by L. Fluxgold Seconded by D. H. Kang

ITEM NO. 29 FILE NO. A112/06 APPLICANT: GIOVANNI CHIODO – 310 Mapes Ave. Re: Correction to the originally stated By-law requirements on the Notice of Application as follows:

By-Law Requirements:

1. A minimum rear yard setback of 7.5m to the solarium. 2. A minimum rear yard setback of 7.0m to the chimney pilaster. 3. A minimum exterior side yard setback of 4.5m. 4. A maximum lot coverage of 40%.

NOT

By-Law Requirements: 1. A minimum rear yard setback of 7.5m to the solarium. 2. A minimum rear yard setback of 4.65m to the chimney pilaster. 3. A minimum exterior side yard setback of 4.5m. 4. A maximum lot coverage of 40%.

CARRIED. MINOR VARIANCE PUBLIC HEARING: (PREVIOUSLY ADJOURNED FROM THE FEB 9/06, FEB 23/06 & MAR 22/06 MEETINGS) 1. FILE NO.: A054/06

MARY NICOLINI LOCATION Part of Lot 7, Concession 6, (municipally known as 7890 Pine Valley Drive, Woodbridge). PROPOSAL The subject lands are zoned R1, Residential under By-law 1-88 as amended. The Ontario Municipal board has made decision/ order number 0525 April 28, 2003 in regards to amending the zoning. However, the zoning stated within the Committee of Adjustment Application has not been approved by the Ontario Municipal Board in accordance with their decision, as a result the proposed variance is based on the draft by-law and the proposed zoning of RM2, Apartment dwelling and OS1 Open Space Conservation.

The purpose of this application is to request a variance to permit the construction of a four and a half storey retirement residence as follows:

Proposal: 1. An increase in the number of available beds to a maximum of 48 beds within the

retirement residence. By-Law Requirements: 1. A maximum of 45 available beds within the retirement residence.

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MINOR VARIANCE PUBLIC HEARING: Cont’d…. 1. FILE NO.: A054/06

MARY NICOLINI (PREVIOUSLY ADJOURNED FROM THE FEB 9/06, FEB 23/06 & MAR 22/06 MEETINGS) Other Planning Act Applications: The land which is the subject in this application is/was also the subject of an application under the Planning Act for: Site Plan Application DA.01.071 & Zoning Application Z.01.044 - The zoning stated within the Committee of Adjustment Application has not been approved by Ontario Municipal Board (OMB decision/ order # 0525,Community Planning Application Z.01.044 and related DA.01.071). Wayne Long, appeared as the agent. The Committee confirmed that they received the legal interpretation they sought from the City of Vaughan Legal Department and a copy of the Ontario Municipal Board’s decision that was faxed from the agent. Further discussions took place between the Committee, the agent and the public. Esther Della Torre, 6 Royal Garden Boulevard, Woodbridge, Ontario, L4L 7C4 appeared in opposition. There was no one else in attendance either in support of or in opposition to the request. New correspondence in opposition was received from Clara Astolfo, President and Larry Berenz, Director, of the Vaughanwood Ratepayers Association, 15 Francis Street Woodbridge, Ontario, L4L 1P7. Previously recorded in the March 22, 2006 minutes: On March 14, 2006, a support letter was received from J. H. Stevens, from J. H. Stevens, Planning & Development Consultants, 29 Linden Cres., Brampton, Ontario, L6S 4A1. Prior to the March 22, 2006 hearing requests for the Notice of Decision were received from David Della Torre, 6 Royal Garden Blvd., Woodbridge, Ontario, L4L 7C3; Wilfred Chard, 8 Royal Garden Blvd., Woodbridge, Ontario, L4L 7C3; Scott Watson, 2906 2nd. Conc., Brockville, Ontario,K6V 5T1; Atif Mohamed, 246 Woodsworth Rd., Toronto, Ontario, M2L 2T1. There were no objections or negative comments from any Departments or Agencies and any conditions requested are listed below. The Development Planning Department made the following written comments: “The department considers the proposed variance to be minor and appropriate for the development of the property. Should committee grant the variance, the final draft zoning by-law to be submitted to the OMB will include the provision of 48 beds.” The Building Standards Department made the following written comments and condition: “The zoning stated with the Committee of Adjustment Application has not been approved by Ontario Municipal Board (OMB decision/order # 0525, community Planning Application Z.01.044 and related DA.01.071).” The condition placed reads as follows: “Zoning to be approved by the Ontario Municipal Board.”

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 M. S. Panicali Seconded by L. Fluxgold

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MINOR VARIANCE PUBLIC HEARING: Cont’d…. 1. FILE NO.: A054/06

MARY NICOLINI (PREVIOUSLY ADJOURNED FROM THE FEB 9/06, FEB 23/06 & MAR 22/06 MEETINGS) THAT Application No. A054/06 – MARY NICOLINI, be APPROVED, in accordance with the sketch attached, and subject to the following conditions; 1. That the zoning be approved by the Ontario Municipal Board, if required, to the

satisfaction of the Building Standards Dept. 2. That if the condition listed above is not fulfilled and the Building Permit is not applied for

within twelve (12) months of the date this decision becomes final and binding, the said decision shall expire and shall be deemed to have been annulled and rescinded by the Committee.(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.)

CARRIED

2. FILE NO.: A076/06 MICHAEL & ANDREA GABRIELE (PREVIOUSLY ADJOURNED FROM THE MAR 9/06 MEETING) LOCATION Part of Lot 3, Concession 7, (Lot 14, Plan No. M-9831, municipally known as 7397 Islington Avenue, Woodbridge.) PROPOSAL The subject lands are zoned RR, Rural Residential subject to exception 9(44) under By-law 1-88 as amended. The purpose of this application is to request variances to permit the maintenance of accessory building, as follows: Proposal: 1. To provide for a “Service or Repair Shop” use (specifically to operate a small engine

repair business) and to permit the indoor storage of building reconstruction / restoration equipment within the accessory structure.

2. Uses within an accessory building not clearly incidental and subordinate to the main residential use.

3. The open storage and parking of one commercial vehicle (Tow Truck capable of towing tractor trailers) on a residential lot.

By-Law Requirements: 1. A “Service or Repair Shop” is not a use permitted within a residential zone. 2. Uses within and accessory building must be clearly incidental and subordinate to those

of the main building on the lot. 3. No commercial vehicle shall be parked or stored on a residential lot. Other Planning Act Applications The land which is the subject in this application is also the subject of an application under the Planning act for: York Region Land Division Committee File No. B050/79. By-Law # 3942, Passed, February 16, 1970

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MINOR VARIANCE PUBLIC HEARING: Cont’d…. 2. FILE NO.: A076/06

MICHAEL & ANDREA GABRIELE (PREVIOUSLY ADJOURNED FROM THE MAR 9/06 MEETING) Cont’d…. Frank Gabriele, the father of Michael Gabriele, the applicant, appeared as the authorized agent, and gave a submission giving the history of the property. The Committee’s request, at the March 9, 2006 meeting, for clarification of existing zoning supporting the agent’s statement of existing “split” zoning (residential and commercial) was not found and could not be provided by the Building Standards Department. Robert Zeppieri, 89 Timber Lane, Woodbridge, Ontario, L4L 3J6 appeared in opposition. There was no one else in attendance either in support of or in opposition to the request. There were discussions between the Committee, the agent and Mr. Zeppieri. A fax regarding pass complaints on the property was received from Rita Salini, 7409 Islington Avenue, Woodbridge, Ontario, L4L 1W2. Letters requesting a copy of the decision was received from the following people: Aldo & Beatrice Vendramini, 71 Timber Lane, Woodbridge, Ontario, L4L 3J6; Robert Zeppieri, 89 Timber Lane, Woodbridge, Ontario, L4L 3J6; Rita Salini, 7409 Islington Avenue, Woodbridge, Ontario, L4L 1W2 and Candida Zeppieri, 89 Timber Lane, Woodbridge, Ontario, L4L 3J6. There were no new correspondence with objections from any Departments or Agencies. Previously recorded in the March 9, 2006 minutes:

Faxes in opposition to the application were received from Mr. & Mrs. Ermando Salini, 7409 Islington Avenue, Woodbridge, Ontario, L4L 1W2; Aldo & Beatrice Vendramini, 71 Timber Lane, Woodbridge, Ontario, L4L 3J6; and Kathy Rea, 75 Timber Lane, Woodbridge, Ontario, L4L 3J6. A petition of opposition was received March 22, 2006 and signed by the following residents:

Anna Sallati, 104 Timber Lane Woodbridge, Ontario L4L 3J8

Giovanni & Irene Binni 84 Timber Lane Woodbridge, Ontario L4L 3J8

John & Maria Ferrara 65 Timber Lane Woodbridge, Ontario L4L 3J6

Frank & Candida Zeppieri 89 Timber Lane Woodbridge, Ontario L4L 3J6

Sam & Anna Verrilli 105 Timber Lane Woodbridge, Ontario L4L 3J6

Quintino & Angela Leone 94 Timber Lane Woodbridge, Ontario L4L 3J8

Colin & Carol Alphonso 78 Timber Lane Woodbridge, Ontario L4L 3J8

Armando & Donna Antonacci 69 Timber Lane Woodbridge, Ontario L4L 3J6

Frank & Fernanda Ciufo 79 Timber Lane Woodbridge, Ontario L4L 3J6

Khan Aalameen& Rasheed Bibi Sheliza 95 Timber Lane Woodbridge, Ontario L4L 3J6

Rita & Ermando Salini 7409 Islington Ave., Woodbridge, Ontario L4L 1W2

Teresa Corapi 90 Timber Lane Woodbridge, Ontario L4L 3J8

Steve & Teresa Bonin 61 Timber Lane Woodbridge, Ontario L4L 3J8

Aldo & Beatrice Vendramini 71 Timber Lane Woodbridge, Ontario L4L 3J6

Arsenio & Ida Di Fonzo 83 Timber Lane Woodbridge, Ontario L4L 3J6

Giovanni & Assunta Di Pronio 101 Timber Lane Woodbridge, Ontario L4L 3J6

Ferdinando & Carmela Ragno 109 Timber Lane Woodbridge, Ontario L4L 3J6

Sestino Vitale 113 Timber Lane Woodbridge, Ontario L4L 3J6

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MINOR VARIANCE PUBLIC HEARING: Cont’d…. 2. FILE NO.: A076/06

MICHAEL & ANDREA GABRIELE (PREVIOUSLY ADJOURNED FROM THE MAR 9/06 MEETING) Cont’d…. Rita Salini, 7409 Islington Avenue, Woodbridge, Ontario, L4L 1W2; Candy Zeppieri, 89 Timber Lane, Woodbridge, Ontario, L4L 3J6;Giovanni Di Pronio, 101 Timber Lane, Woodbridge, Ontario, L4L 3J6; Beatrice Vendramini, 71 Timber Lane, Woodbridge, Ontario, L4L 3J6, all appeared in opposition to the request. 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 M. S. Panicali Seconded by D. H. Kang THAT Application No, A076/06 – MICHAEL GABRIELE & ANDREA GABRIELE, be REFUSED. CARRIED.

CONSENT AND MINOR VARIANCE PUBLIC HEARING: 3. FILE NOS.: B019/06, B020/06 & A099/06 to METROLAND PRINTING PUBLISHING & DISTRIBUTING LTD. 5.

LOCATION Part of Lots 2 and 3, Concession 5 (Municipally known as 1 Century Place, Woodbridge). PROPOSAL B019/06 & B020/06 - The purpose of these applications: to request the consent of the Committee of Adjustment to convey a parcel of land, as a creation of a new lot for employment purposes, together with all required easements and right-of-ways, if required, and retain the land for employment and press center purposes.

The subject lands are zoned PBM7, Parkway Belt Industrial and the retained lands are zoned PBM7, Parkway Belt Industrial and PB1(S), Parkway Belt Linear Facilities and are subject to the provisions of Exception 9(691) under By-Law 1-88 as amended. Both subject lands are currently vacant and there is a Press centre and pump house located on part of the retained lands.

A099/06 - The applicant is requesting a variance to facilitate the severance of the total lands (Consent Applications B019/06 & B020/06 RETAINED LANDS - creation of new lots for industrial purposes) and to permit the proposed future expansion of the existing industrial building located on the retained land, notwithstanding, the proposed changes to the existing By-Law & current By-Law requirements are as follows:

Proposal: By-Law Requirements:

1. To permit a maximum lot coverage of 35%. 1. A maximum lot coverage of 25% is permitted.

Ted Cymbaly, the agent appeared on behalf of the applicant. There was no one in attendance either in support of or in opposition to the request. There were no objections from any Departments or Agencies and any conditions requested are listed below MOVED by L. Fluxgold Seconded by D. H. Kang

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CONSENT AND MINOR VARIANCE PUBLIC HEARING: 3. FILE NOS.: B019/06, B020/06 & A099/06 to METROLAND PRINTING PUBLISHING & DISTRIBUTING LTD. Cont’d…. 5.

THAT Application Nos. B019/06 & B020/06- METROLAND PRINTING PUBLISHING AND DISTRIBUTING LTD., be APPROVED, in accordance with the sketch attached and subject to the following conditions: NOTE: All conditions below must be fulfilled and clearance letters must be received by the Secretary-Treasurer before any cheques can be accepted and Certificate of Official can be issued. 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 Reserves/Capital Department and Parks Department;

2. That the owner shall pay all taxes as levied, if required, to the satisfaction of the

Reserves/Capital Department; (contact Terri Liuni in the Reserves/Capital Department to have this condition cleared).

3. The applicant shall provide the City of Vaughan with an appraisal report, if required and

valuation of the subject land (land only) to be prepared by an accredited appraiser, if required. Payment of a Parkland Levy to the City in lieu of deeding of land for park purposes shall be made if a new lot is being created, if required. 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 Application of the herein decision. Said levy shall be approved by the Manager of Real Estate. Payment shall be made by certified cheque only;

4. That the corresponding Minor Variance application File No. A099/06 be approved; 5. That Consent Applications B007/06 and B008/06, are subject to payment of the

Regional development review fee for each application 1260392 Ontario Limited, shall foread a certified cheque in the amount of $1000.00 payable to “The Regional Municipality of York”, to the attention of Vick Bilkhu, Development Approvals Coordinator, if required, to the satisfaction of the York Region Transportation and Works Department;

6. Submission to the Secretary-Treasurer of FOUR (4) 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;

7. Upon fulfilling and complying with all of the above-noted conditions, the Secretary-

Treasurer of the Committee of Adjustment must be provided with a letter and three (3) copies of a legal size (8.5” by 14”) “Schedule Page”, in a format satisfactory to the Secretary-Treasurer, from the Applicant’s solicitor confirming the legal description of the subject lands, sufficient for registration purposes the “Schedule Page” will be an attachment to the Certificate. Upon being satisfied with said legal description and upon all other conditions for the consent having been satisfied, the Secretary-Treasurer shall provide a Certificate of Official to the applicant in accordance with Section 53(42) of the Planning Act, R.S.O. 1990, as amended;

8. A fee of $285.00 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 $145.00, provided all conditions of approval have been fulfilled and all required documents are submitted by 11:30 am that day;

9. Prior to the issuance of a building permit, if required, the applicant shall fulfil and comply with all of the above noted consent conditions;

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CONSENT AND MINOR VARIANCE PUBLIC HEARING: 3. FILE NOS.: B019/06, B020/06 & A099/06 to METROLAND PRINTING PUBLISHING & DISTRIBUTING LTD. Cont’d…. 5.

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 Reserves/Capital Department;

CARRIED. 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 D. H. Kang THAT Application No. A099/06, METROLAND PRINTING, PUBLISHING AND DISTRIBUTING LTD., be APPROVED in accordance with the sketch attached and subject to the following conditions: 1. That the corresponding Consent Application File Nos. B019/06 & B020/06, be

approved; 2. That if the conditions listed above is not fulfilled and the Building Permit, if required, 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.).

CARRIED.

CONSENT PUBLIC HEARING: 6. FILE NOS: B021/06 & B022/06 & CANADIAN NATIONAL RAILWAY COMPANY 7.

LOCATION Part of Lots 3 & 4, Concession 4 (located East of Freshway Drive, North of Highway 407, and on the West side of CN Rail lands).

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CONSENT PUBLIC HEARING: Cont’d…. 6. FILE NOS: B021/06 & B022/06 & CANADIAN NATIONAL RAILWAY COMPANY Cont’d…. 7.

PROPOSAL

The subject lands are zoned EM4, Employment Area Transportation and PB1 (S), Parkway Belt Linear Facilities under By-Law 1-88 as amended. B021/06 - The purpose of this application is to request the consent of the Committee of Adjustment to grant an easement in favour of the lands to the SOUTH, (Invar Freshway Limited), for access and servicing purposes, and retain the land for national railway purposes. The easement would be over a strip of land approximately 2.5 to 5.26 metres wide by about 500 metres long and would supplement an existing easement connecting a parcel of land south of the Highway 407 overpass to Freshway Drive. B022/06 – The purpose of this application is to request the consent of the Committee of Adjustment to grant an easement in favour of the lands to the WEST, (BFI Canada Inc.), for access and servicing purposes, and retain the land for national railway purposes. The easement would be over a strip of land approximately 10 to 14 metres wide by about 390 metres long and would connect to an existing easement giving access to Freshway Drive. The easement will be shared with Invar (Freshway) Limited. Other Planning Act Applications: Consent File No.B038/05 – Certificates issued Dec 15/05. Gary Templeton, the agent appeared on behalf of the applicant. There was no one in attendance either in support of or in opposition to the request. There were no objections from any Departments or Agencies and any conditions requested are listed below MOVED by L. Fluxgold Seconded by M. S. Panicali THAT Application No. B021/06 - CANADIAN NATIONAL RAILWAY COMPANY be APPROVED, in accordance with the sketch attached and subject to the following conditions: NOTE: All conditions below must be fulfilled and clearance letters must be received by the Secretary-Treasurer before any cheques can be accepted and Certificate of Official can be issued. 1. That the owner shall pay all taxes as levied, if required, to the satisfaction of the

Reserves & Investments Department. Payment shall be made by certified cheque; (contact Terry Liuni in the Reserves & Investments Department to have this condition cleared).

2. This consent is given on the express understanding that Subsection 3 or Subsection 5 of Section 50 of the Planning Act shall apply to any subsequent conveyance in respect to the subject lands.

3. That the applicant provide to the Secretary Treasurer a letter of undertaking, stating that

the lands in question are in favour of or taken into the title of the lands to the SOUTH, (Invar Freshway Limited;

4. That the corresponding Consent Application File No. B022/06 – CANADIAN

NATIONAL RAILWAY COMPANY, be approved;

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CONSENT PUBLIC HEARING: Cont’d…. 6. FILE NOS: B021/06 & B022/06 & CANADIAN NATIONAL RAILWAY COMPANY Cont’d…. 7.

5. Submission to the Secretary-Treasurer of FOUR (4) 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;

6. Upon fulfilling and complying with all of the above-noted conditions, the Secretary-

Treasurer of the Committee of Adjustment must be provided with a letter and three (3) copies of a legal size (8.5” by 14”) “Schedule Page”, in a format satisfactory to the Secretary-Treasurer, from the Applicant’s solicitor confirming the legal description of the subject lands, sufficient for registration purposes the “Schedule Page” will be an attachment to the Certificate. Upon being satisfied with said legal description and upon all other conditions for the consent having been satisfied, the Secretary-Treasurer shall provide a Certificate of Official to the applicant in accordance with Section 53(42) of the Planning Act, R.S.O. 1990, as amended

7. A fee of $285.00 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 $145.00, provided all conditions of approval have been fulfilled and all required documents are submitted by 11:30 am that day;

8. Prior to the issuance of a building permit, if required, the applicant shall fulfil and comply

with all of the above noted consent conditions; CARRIED. MOVED by L. Fluxgold Seconded by M. S. Panicali THAT Application No. B022/06 - CANADIAN NATIONAL RAILWAY COMPANY be APPROVED, in accordance with the sketch attached and subject to the following conditions: NOTE: All conditions below must be fulfilled and clearance letters must be received by the Secretary-Treasurer before any cheques can be accepted and Certificate of Official can be issued.

1. That the owner shall pay all taxes as levied, if required, to the satisfaction of the

Reserves & Investments Department. Payment shall be made by certified cheque; (contact Terry Liuni in the Reserves & Investments Department to have this condition cleared).

2. This consent is given on the express understanding that Subsection 3 or Subsection 5

of Section 50 of the Planning Act shall apply to any subsequent conveyance in respect to the subject lands.

3. That the applicant provide to the Secretary Treasurer a letter of undertaking, stating that

the lands in question are in favour of or taken into the title of the lands to the WEST, (BFI Canada Inc.;

4. That the corresponding Consent Application File No. B021/06 – CANADIAN

NATIONAL RAILWAY COMPANY, be approved; 5. Submission to the Secretary-Treasurer of FOUR (4) 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

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on the plan;

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CONSENT PUBLIC HEARING: Cont’d…. 6. FILE NOS: B021/06 & B022/06 & CANADIAN NATIONAL RAILWAY COMPANY Cont’d…. 7.

6. Upon fulfilling and complying with all of the above-noted conditions, the Secretary-

Treasurer of the Committee of Adjustment must be provided with a letter and three (3) copies of a legal size (8.5” by 14”) “Schedule Page”, in a format satisfactory to the Secretary-Treasurer, from the Applicant’s solicitor confirming the legal description of the subject lands, sufficient for registration purposes the “Schedule Page” will be an attachment to the Certificate. Upon being satisfied with said legal description and upon all other conditions for the consent having been satisfied, the Secretary-Treasurer shall provide a Certificate of Official to the applicant in accordance with Section 53(42) of the Planning Act, R.S.O. 1990, as amended

7. A fee of $285.00 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 $145.00, provided all conditions of approval have been fulfilled and all required documents are submitted by 11:30 am that day;

8. Prior to the issuance of a building permit, if required, the applicant shall fulfil and comply

with all of the above noted consent conditions;

CARRIED.

8. FILE NO.: B023/06 ERMANNO & JEANNETTE GRAZIANO

LOCATION Part of Lot 26, Concession 1, (Part of Lot 52, Plan M-3205, Reference Plan No. 65R-13975, Lot 2 & 3, municipally known as 155 Crestwood Road, Thornhill.) PROPOSAL 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 residential purposes, together with all required easements and right-of-ways, if required, and retain the lands for residential purposes. The subject lands are zoned R3-H Residential with a Holding Provision, and are subject to the provisions of Exception 9(735) the retained lands are zoned R2, Residential and are subject to the provisions under By-Law 1-88 as amended. The subject lands are currently vacant, and a single family detached dwelling is proposed. There is a dwelling on the retained lands. Other Planning Act Applications: Consent Application File Nos. B066/90, B067/90 - APPROVED May 31, 1990, creation of

new lots. Files lapsed, conditions not fulfilled.

Zoning By-law Amendment Z.06.001 – Pending (as per applicant) Ernammo Graziano, the applicant appeared on his own behalf. There was no one in attendance either in support of or in opposition to the request. There were no objections from any Departments or Agencies and any conditions requested are

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listed below.

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CONSENT PUBLIC HEARING: Cont’d…. 8. FILE NO.: B023/06 ERMANNO & JEANNETTE GRAZIANO Cont’d….

MOVED by M. S. Panicali Seconded by D. H. Kang

THAT Application No. B023/06 - ERMANNO & JEANNETTE GRAZIANO, be APPROVED, in accordance with the sketch attached and subject to the following conditions: NOTE: All conditions below must be fulfilled and clearance letters must be received by the Secretary-Treasurer before any cheques can be accepted and Certificate of Official can be issued. 1. That the owner shall pay all taxes as levied, if required, to the satisfaction of the

Reserves & Investments Department. Payment shall be made by certified cheque; (contact Terry Liuni in the Reserves & Investments Department to have this condition cleared).

2. 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 City of Vaughan (Reserves & Investments Department; contact Terry Liuni 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 5% of the appraised market value of the subject land as of the date of the Committee of Adjustment giving notice to the Applicant of the herein decision. Said levy shall be approved by the Manager of Real Estate. Payment shall be made by certified cheque only.

4. That approval shall be granted subject to Vaughan Council allocating sewage and water

capacity to the subject severed lot, if required, to the satisfaction of the Engineering Department;

5. The implementing By-law to remove the “H” holding Provision is in full force and effect,

if required, to the satisfaction of the Development Planning Department; 6. Submission to the Secretary - Treasurer of FOUR (4) 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;

7. Upon fulfilling and complying with all of the above-noted conditions, the Secretary-

Treasurer of the Committee of Adjustment must be provided with a letter and three (3) copies of a legal size (8.5” by 14”) “Schedule Page”, in a format satisfactory to the Secretary-Treasurer, from the Applicant’s solicitor confirming the legal description of the subject lands, sufficient for registration purposes the “Schedule Page” will be an attachment to the Certificate. Upon being satisfied with said legal description and upon all other conditions for the consent having been satisfied, the Secretary-Treasurer shall provide a Certificate of Official to the applicant in accordance with Section 53(42) of the Planning Act, R.S.O. 1990, as amended

8. A fee of $285.00 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 $145.00, provided all conditions of approval have been fulfilled and all required documents are submitted by 11:30 am that day;

9. Prior to the issuance of a building permit, if required, the applicant shall fulfil and comply

with all of the above noted consent conditions;

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CONSENT PUBLIC HEARING: Cont’d…. 8. FILE NO.: B023/06 ERMANNO & JEANNETTE GRAZIANO Cont’d….

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

CARRIED.

9. FILE NOS.: B024/06 & B025/06 & ARGENTO DEVELOPMENTS INC. 10.

LOCATION Part of Lot 22, Concession 5, (Reference Plan No. 65R-28427, Part 1 & 2, Draft Plan of Subdivision 19T-03V08, Registered Plan No. 65M-3885 (registered after submission of applications.), located North of Major Mackenzie, East of Weston Road and West of Hwy. 400, Maple.) PROPOSAL The purpose of these applications is to request the consent of the Committee of Adjustment to convey parcels of land as additions to existing lots taken into the title of the lands to the NORTH, for future residential purposes, together with and subject to all required easements and right of ways, if required, and retain the lands for future residential purposes. B024/06 - The subject lands are zoned RD3 Residential Detached Zone Three, subject to the provisions of Exception 9(1221) and RD3 Residential Detached Zone Three subject to the provisions of Exception 9(1223); The retained lands are zoned RS1(H) Residential Semi-Detached Zone with a holding provision subject to the provisions of Exception 9(1221), RS1(H) Residential Semi-Detached Zone with a holding provision subject to the provisions of Exception 9(1223), RD3 (H) Residential Detached Zone Three with a holding provision, subject to the provisions of Exception 9(1221), and RD4(H) Residential Detached Zone Four with a holding provision subject to the provisions of Exception 9(1221) B025/06 - The subject lands are zoned RD3 Residential Detached Zone Three, subject to the provisions of Exception 9(1221); The retained lands are zoned RS1(H) Residential Semi-Detached Zone with a holding provision subject to the provisions of Exception 9(1221), RS1(H) Residential Semi-Detached Zone with a holding provision subject to the provisions of Exception 9(1223), RD3 (H) Residential Detached Zone Three with a holding provision, subject to the provisions of Exception 9(1221), and RD4(H) Residential Detached Zone Four with a holding provision subject to the provisions of Exception 9(1221) The subject lands are currently vacant. The retained lands are currently vacant, and future residential development is proposed. Other Planning Act Applications: Zoning By-law Amendment Z.03.042 – ADOPTED BY COUNCIL December 15, 2003.

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CONSENT PUBLIC HEARING: Cont’d…. 9. FILE NOS.: B024/06 & B025/06 & ARGENTO DEVELOPMENTS INC. Cont’d…. 10.

Joran Weiner, the agent, appeared on behalf of the applicant. There was no one in attendance either in support of or in opposition to the request. There were no objections from any Departments or Agencies and any conditions requested are listed below.

MOVED by M. S. Panicali Seconded by L. Fluxgold THAT Application No. B024/06 - ARGENTO DEVELOPMENTS INC., be APPROVED, in accordance with the sketch attached and subject to the following conditions: NOTE: All conditions below must be fulfilled and clearance letters must be received by the Secretary-Treasurer before any cheques can be accepted and Certificate of Official can be issued. 1. That the owner shall pay all taxes as levied, if required, to the satisfaction of the

Reserves & Investments Department. Payment shall be made by certified cheque; (contact Terry Liuni in the Reserves & Investments Department to have this condition cleared).

2. Payment of a Woodlot Development Charge in accordance with the Special Area Woodlot Development Charge By-law. Payment is to be made by certified cheque, (contact Terry Liuni in the Reserves & Investments Department to have this condition cleared).

3. This consent is given on the express understanding that Subsection 3 or Subsection 5

of Section 50 of the Planning Act shall apply to any subsequent conveyance in respect to the subject lands;

4. That the applicant provide to the Secretary Treasurer a letter of undertaking, stating that

the lands in question are in favour of or taken into the title of the lands to the NORTH. 5. Submission to the Secretary - Treasurer of FOUR (4) 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;

6. Upon fulfilling and complying with all of the above-noted conditions, the Secretary-

Treasurer of the Committee of Adjustment must be provided with a letter and three (3) copies of a legal size (8.5” by 14”) “Schedule Page”, in a format satisfactory to the Secretary-Treasurer, from the Applicant’s solicitor confirming the legal description of the subject lands, sufficient for registration purposes the “Schedule Page” will be an attachment to the Certificate. Upon being satisfied with said legal description and upon all other conditions for the consent having been satisfied, the Secretary-Treasurer shall provide a Certificate of Official to the applicant in accordance with Section 53(42) of the Planning Act, R.S.O. 1990, as amended

7. A fee of $285.00 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 $145.00, provided all conditions of approval have been fulfilled and all required documents are submitted by 11:30 am that day;

8. Prior to the issuance of a building permit, if required, the applicant shall fulfil and comply

with all of the above noted consent conditions;

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CONSENT PUBLIC HEARING: Cont’d…. 9. FILE NOS.: B024/06 & B025/06 & ARGENTO DEVELOPMENTS INC. Cont’d…. 10.

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. THAT Application No. B025/06 - ARGENTO DEVELOPMENTS INC., be APPROVED, in accordance with the sketch attached and subject to the following conditions: NOTE: All conditions below must be fulfilled and clearance letters must be received by the Secretary-Treasurer before any cheques can be accepted and Certificate of Official can be issued. 1. That the owner shall pay all taxes as levied, if required, to the satisfaction of the

Reserves & Investments Department. Payment shall be made by certified cheque; (contact Terry Liuni in the Reserves & Investments Department to have this condition cleared).

2. Payment of a Woodlot Development Charge in accordance with the Special Area

Woodlot Development Charge By-law. Payment is to be made by certified cheque, (contact Terry Liuni in the Reserves & Investments Department to have this condition cleared).

3. This consent is given on the express understanding that Subsection 3 or Subsection 5

of Section 50 of the Planning Act shall apply to any subsequent conveyance in respect to the subject lands;

4. That the applicant provide to the Secretary Treasurer a letter of undertaking, stating that

the lands in question are in favour of or taken into the title of the lands to the NORTH. 5. Submission to the Secretary - Treasurer of FOUR (4) 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;

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CONSENT PUBLIC HEARING: Cont’d…. 9. FILE NOS.: B024/06 & B025/06 & ARGENTO DEVELOPMENTS INC. Cont’d…. 10.

6. Upon fulfilling and complying with all of the above-noted conditions, the Secretary-

Treasurer of the Committee of Adjustment must be provided with a letter and three (3) copies of a legal size (8.5” by 14”) “Schedule Page”, in a format satisfactory to the Secretary-Treasurer, from the Applicant’s solicitor confirming the legal description of the subject lands, sufficient for registration purposes the “Schedule Page” will be an attachment to the Certificate. Upon being satisfied with said legal description and upon all other conditions for the consent having been satisfied, the Secretary-Treasurer shall provide a Certificate of Official to the applicant in accordance with Section 53(42) of the Planning Act, R.S.O. 1990, as amended

7. A fee of $285.00 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 $145.00, provided all conditions of approval have been fulfilled and all required documents are submitted by 11:30 am that day;

8. 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.

MINOR VARIANCE PUBLIC HEARING: Cont’d…. 11. FILE NO.: A077/06 THE HOME DEPOT INC.

LOCATION Part of Lot 6, Concession 5 (Municipally known as 140 Northview Boulevard, Concord).

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MINOR VARIANCE PUBLIC HEARING: Cont’d…. 11. FILE NO.: A077/06 THE HOME DEPOT INC. Cont’d….

PROPOSAL

The subject lands are zoned EM3 Retail Warehouse Employment Area and subject to the provisions of Exception Number 9(1000) under By-Law 1-88 as amended. The applicant is requesting a variance to permit the construction of a proposed seasonal garden center in the parking lot area of an existing one-storey commercial building (Home Depot), notwithstanding, the proposed changes to the existing By-Law & current By-Law requirements are as follows:

Proposal: By-Law Requirements:

1. To provide a minimum of 635 parking spaces from April 1 to August 1 each year.

2. A minimum of 677 parking spaces is required.

Other Planning act Applications The land which is the subject in this application is also the subject of an application under the Planning act for: Consent Variance File # B62/91 APPROVED, OCT. 3, 1991, Creation of a new lot

(retained lands), Deeds stamped Dec. 31, 1991. Minor Variance File # A138/97 APPROVED, JUN 19, 1997, the number of parking

spaces provided is 694 & to permit loading and unloading in a yard located between a building and a street.

File # A126/91 APPROVED, OCT. 3, 1991, parking areas (right-of-way).

Zoning Amendment File #’s Z.98.026 & Z.97.106 APPROVED Site Plan File # DA.98.023 APPROVED Margaret Rudolph of MHBC, 7050 Weston Road, Suite 230, Woodbridge, Ontario, L4L 8G7, appeared as the agent on behalf of the applicant. There was no one in attendance either in support of or in opposition to the request. There were no objections from any Departments or Agencies. 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 M. S. Panicali Seconded by D. H. Kang THAT Application No. A077/06, THE HOME DEPOT INC., be APPROVED in accordance with the sketch attached. CARRIED.

12. FILE NO: A100/06 TONY AND NADA GIDEON

LOCATION Part of Lot 12, Concession 8, (Lot 68, Registered Plan No. 65M-2934, municipally known as 20 Filomena Court, Woodbridge).

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MINOR VARIANCE PUBLIC HEARING: Cont’d…. 12. FILE NO: A100/06 TONY AND NADA GIDEON Cont’d….

PROPOSAL The subject lands are zoned R3, Residential under By-law 1-88 as amended and further subject to Exception Number 9(692). The purpose of this application is to request variances to permit the maintenance of an in ground pool as follows:

Proposal: 1. A minimum rear yard setback of 0.6m to the pool. 2. A minimum interior side yard setback of 0.6m to the pool. 3. A minimum rear yard setback of 1m to the pool equipment. 4. A minimum interior side yard setback of 1m to the pool equipment. By-Law Requirements: 1. A minimum rear yard setback of 9.57m to the pool. 2. A minimum interior side yard setback of 1.5m to the pool. 3. A minimum rear yard setback of 9.57m to the pool equipment. 4. A minimum interior side yard setback of 1.2m to the pool equipment.

Other Planning Act Applications: The land which is the subject in this application is/was also the subject of an application under the Planning Act for: Minor Variance File No. A224/96 – Approved Aug. 22, 1996, (Rear yard setback of 9.57 metres.) Elie Gideon, the agent, appeared on behalf of the applicant. There was no one in attendance either in support of or in opposition to the request. There were no objections from any Departments or Agencies. 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 M. S. Panicali Seconded by D. H. Kang THAT Application No. A100/06 – TONY & NADA GIDEON, be APPROVED, in accordance with the sketch attached.

CARRIED.

13. FILE NO.: A101/06 ELAINE MOSCOE & PERRY STUPP LOCATION Part of Lot 14, Concession 2, (Lot 249, Registered Plan No. 65M-3591, municipally known as 303 Apple Blossom Drive, Thornhill).

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MINOR VARIANCE PUBLIC HEARING: Cont’d…. 13. FILE NO.: A101/06

ELAINE MOSCOE & PERRY STUPP Cont’d…. PROPOSAL

The subject lands are zoned RV3, Residential Urban Village Zone Three and subject to the provisions of Exception Number 9(1063) under By-Law 1-88 as amended. The applicant is requesting a variance to permit the maintenance of the existing pool equipment located in the side yard of an existing two-storey single family detached dwelling, notwithstanding, the proposed changes to the existing By-Law & current By-Law requirements are as follows:

Proposal: By-Law Requirements:

1. To maintain a minimum interior side yard setback of 0.3 metres to the pool equipment.

1. A minimum interior side yard setback of 1.2 metres is required to the pool equipment.

Other Planning act Applications The land which is the subject in this application is also the subject of an application under the Planning act for: Minor Variance File # A184/04 APPROVED AS AMENDED, JULY 8, 2004, rear

yard setback to the pool 2.4m, side yard setback to air conditioning unit 0.30m

Both Elaine Moscoe and Perry Stupp, the applicants appeared on their own behalf. There was no one in attendance either in support of or in opposition to the request. There were no objections from any Departments or Agencies. THAT 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 M. S. Panicali Seconded by D. H. Kang

THAT Application No. A101/06, ELAINE MOSCOE & PERRY STUPP, be APPROVED in accordance with the sketch attached. CARRIED.

14. FILE NOS.: A102/06 and A104/06 & PRIMONT HOMES (KIRBY) INC. 15.

LOCATION Part of Lot 29, Concession 3, (Lot 1 and Part of Block 310 (Lot 82), Registered Plan No. 65M-3878, municipally known as 350 Ravineview Drive, and 27 Oak Park Cresecent, respectively, formerly 11281 Keele Street, Maple).

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MINOR VARIANCE PUBLIC HEARING: Cont’d… 14. FILE NOS.: A102/06 and A104/06 & PRIMONT HOMES (KIRBY) INC. Cont’d… 15.

PROPOSAL The subject lands are zoned RD4, Residential Detached Zone Four (A102/06) and RT1, Residential Townhouse Zone (A104/06) under By-law 1-88 as amended. The applicant is requesting variances to permit the construction of a proposed two-storey single family detached dwelling (A102/06) and a proposed two-storey townhouse (A104/06), notwithstanding, the proposed changes to the existing By-Law & current By-Law requirements are as follows:

Proposal: By-Law Requirements:

A102/06-To permit an interior side yard setback to a dwelling of 0.6 metres.

A minimum interior side yard setback of 1.2 metres.

A104/06- To permit rear yard setback of 6.12 metres.

A minimum rear yard setback of 7.5 metres.

Nelson Cunha, the agent, appeared on behalf of the applicant. There was no one in attendance either in support of or in opposition to the request. There were no objections from any Departments or Agencies. 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 D. H. Kang THAT Application No. . A102/06 and A104/06, PRIMONT HOMES (KIRBY) INC., be APPROVED in accordance with the sketch attached CARRIED.

16. FILE NOS.: A105/06 and A106/06 & SUMMIT VIEW HOMES LTD. 17.

LOCATION Part of Lot 13, Concession 2, (Lot 22, Registered Plan No. 65M-3808, municipally known as 102 Ner Israel Drive, Thornhill.) PROPOSAL The subject lands are zoned RV3, Residential Urban Village Zone three and subject to the provisions of Exception Number 9(1063) under By-Law 1-88 as amended. The applicant is requesting a variance to permit the construction of a two storey single family detached dwelling, with attached garage, as follows: Proposal: 1) To permit a reduced side yard setback of 0.6 metres, notwithstanding the garage

projects beyond the most distant point of the front wall of the single detached dwelling. By-Law Requirements: 1) An interior side yard setback may be reduced to 0.6 metres where it abuts a minimum

interior side yard setback of 1.2 metres on the adjacent lot, provided that no part of the garage projects beyond the most distant point of the front wall of the dwelling to the street line (and provided the opposite side yard of the same lot is a minimum of 1.2 metres)

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MINOR VARIANCE PUBLIC HEARING: Cont’d… 16. FILE NOS.: A105/06 and A106/06 & SUMMIT VIEW HOMES LTD. Cont’d… 17.

Frank Maida, the agent, appeared on behalf of the applicant. There was no one in attendance either in support of or in opposition to the request. There were no objections from any Departments or Agencies. 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 M. S. Panicali Seconded by D. H. Kang THAT Application No. A105/06 – SUMMIT VIEW HOMES LTD., be APPROVED in accordance with the sketch attached. CARRIED.

M. Mauti left the Council Chambers at this time and did not take part in the discussion nor voted on the following matters. It should be noted that in M. Mauti absence, M. S. Panicali assumed the role of Acting Chair. 18. FILE NO: A107/06 LINDVEST PROPERTIES (BATHURST MACKENZIE) LIMITED

LOCATION Part of Lot 19, Concession 2, (Draft Plan of Subdivision 19T-04V05, located at ILAN Ramon Blvd., Bathurst Street, South of Major Mackenzie Drive, Thornhill.) PROPOSAL The subject lands are zoned OS1, Open Space Conservation and subject to the provisions of Exception Number 9(1231) under By-Law 1-88 as amended. The applicant is requesting variances to permit the construction of a one storey Bell Walk-In-Cabinet, as follows: Proposal:

1) To permit a minimum interior side yard setback of 13.3 metres to the Bell Walk-In-Cabinet.

2) To permit a minimum exterior side yard setback of 4.0 metres to the Bell Walk-In-Cabinet.

By-Law Requirements:

1) A minimum interior side yard setback of 15.0 metres is required to the Bell Walk-In-Cabinet.

2) A minimum exterior side yard setback of 15.0 metres is required to the Bell Walk-In-Cabinet.

Other Planning Act Applications: Zoning By-law Amendment Z.04.014 – APPROVED BY COUNCIL, June 14, 2004. Draft Plan of Subdivision 19T-04V05 – APPROVED BY COUNCIL, June 14, 2004 (under Senag Investments Ltd.- now Lindvest Properties.)

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MINOR VARIANCE PUBLIC HEARING: Cont’d… 18. FILE NO: A107/06 LINDVEST PROPERTIES (BATHURST MACKENZIE) LIMITED Cont’d…

Melissa Markham, the agent, appeared on behalf of the applicant. There was no one in attendance either in support of or in opposition to the request. There were no objections from any Departments or Agencies. 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 M. S. Panicali Seconded by D. H. Kang THAT Application No. A107/06 – LINDVEST PROPERTIES (BATHURST MACKENZIE) LIMITED, be APPROVED in accordance with the sketch attached. CARRIED.

19. FILE NO: A108/06 1041887 ONTARIO LTD.

LOCATION Part of Lot 1, Concession 3, (Part of Lot 3, Registered Plan No. 65M-2157, Part 2, Plan 65R-2156, Part 2, Plan 65R-6102, municipally known as 2160 Steeles Avenue West, Concord). PROPOSAL The subject lands are zoned C1, Restricted Commercial Zone and subject to the provisions of Exception Number 9(617) under By-law 1-88 as amended. The purpose of this application is to request variances to permit the maintenance of a one storey commercial building (Staples Business Depot) as follows:

Proposal:

1. To permit parking spaces and areas on adjacent properties. 2. To permit a 3.0 metre (9.8ft) wide landscape strip along Bessemer Court. 3. To permit an existing access driveway width of 12.8 metres (42.0ft) along

Bessemer Court. By-Law Requirements:

1. Parking spaces and parking areas shall be provided and maintained on a lot upon which a building or structure is erected.

2. A strip of land not less than 5.5 metres (18.0 ft) in width shall be provided along a lot line which abuts a street line.

3. A maximum driveway width of 7.5 metres (24.6 ft) is permitted.

Other Planning Act Applications: The land which is the subject in this application is/was also the subject of an application under the Planning Act for: Site Plan DA.06.006 - Pending Minor Variance File No. A236/01 – Approved Sept. 20/01 (Rear yard setback of 11.0 metres). Consent File No. B68/01 - Approved Sept. 20/01 (Conveyance of land as an addition to 2160 Steeles Ave. West) This application was heard with Minor Variance Applications A109/06 & A110/06.

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MINOR VARIANCE PUBLIC HEARING: Cont’d… 19. FILE NO: A108/06 1041887 ONTARIO LTD. Cont’d…

Rob Freeman, the agent, appeared on behalf of the applicant. There was no one in attendance either in support of or in opposition to the request. There were no objections from any Departments or Agencies. 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 M. S. Panicali Seconded by D. H. Kang THAT Application No. A108/06 – 1041886 ONTARIO LIMITED, be APPROVED, in accordance with the sketches attached. CARRIED.

20. FILE NO: A109/06 1041887 ONTARIO LTD.

LOCATION Part of Lot 1, Concession 3, (Part of Lot 3, Registered Plan No. 65M-2157, Part 1, Plan 65R-6102, municipally known as 2180 Steeles Avenue West, Concord). PROPOSAL The subject lands are zoned C1, Restricted Commercial Zone and subject to the provisions of Exception Number 9(617) under By-law 1-88 as amended. The purpose of this application is to request variances to permit the maintenance of a three storey commercial building (Concordia Business Centre) as follows:

Proposal: 1. To permit parking spaces and areas on adjacent properties. 2. To permit an access driveway width of 9.0 metres (30.0ft) along Keele Street. 3. To permit a minimum landscape area of 7.4 % of the lot area. By-Law Requirements: 1. Parking spaces and parking areas shall be provided and maintained on a lot upon which a

building or structure is erected. 2. A maximum driveway width of 7.5 metres (24.6 ft) is permitted. 3. A minimum landscape area of 10 % of the lot area.

This application was heard with Minor Variance Applications A108/06 & A110/06. Other Planning Act Applications: The land which is the subject in this application is/was also the subject of an application under the Planning Act for: Site Plan DA.06.006 - Pending Minor Variance File Nos. A055/01 & A056/01 - Approved March 8, 2001 Consent File No. B30/01 - Approved March 8, 2001 Zoning By-law 129-99, Site Plan Agreements – Aug 19/99 DA.96.055, DA.26.83

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MINOR VARIANCE PUBLIC HEARING: Cont’d… 20. FILE NO: A109/06 1041887 ONTARIO LTD. Cont’d…

Rob Freeman, the agent, appeared on behalf of the applicant. There was no one in attendance either in support of or in opposition to the request. There were no objections from any Departments or Agencies. 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 M. S. Panicali Seconded by D. H. Kang THAT Application No. A109/06 – 1041886 ONTARIO LIMITED, be APPROVED, in accordance with the sketches attached.

CARRIED.

21. FILE NO: A110/06

2003008 ONTARIO LTD.

LOCATION Part of Lot 1, Concession 3, (Part of Lot 3, Registered Plan No. 65M-2157, Parts 9 & 10, Plan 65R-24449, municipally located on the East side of Keele Street, North of Steeles Avenue West, Concord). PROPOSAL The subject lands are zoned C1, Restricted Commercial Zone and subject to the provisions of Exception Number 9(617) under By-law 1-88 as amended. The purpose of this application is to request variances to permit the construction of a four storey commercial building as follows:

Proposal:

1. To permit a rear yard setback (lot line closest to Keele Street) of 9.5 metres (31.2 ft). 2. To permit a building height of 21.0 metres (69.0ft). 3. To permit loading spaces to be located between a building and a street. 4. To permit a landscape strip width of 4.7metres (15.4 ft) along Bessemer Court. 5. To permit parking spaces and parking areas on adjacent properties. 6. To permit an access driveway width of 9.4 metres (30.0ft) along Bessemer Court.

By-Law Requirements:

1. A minimum rear yard setback of 15.0 metres (49.2 ft). 2. A maximum building height of 11.0 metres (36.0 ft). 3. Loading and unloading shall not be permitted between a building and a street. 4. A strip of land not less than 5.5 metres (18.0 ft) in width shall be provided along a lot

line which abuts a street line. 5. Parking spaces and parking areas shall be provided and maintained on a lot upon which

a building or structure is erected. 6. A maximum driveway width of 7.5 metres (24.6 ft) is permitted.

This application was heard with Minor Variance Applications A108/06 & A109/06.

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MINOR VARIANCE PUBLIC HEARING: Cont’d… 21. FILE NO: A110/06 2003008 ONTARIO LTD. Cont’d…

Other Planning Act Applications: The land which is the subject in this application is/was also the subject of an application under the Planning Act for: Site Plan DA.06.006 - Pending Consent File No. B30/01 - Approved March 8, 2001 Zoning By-law 129-99, Site Plan Agreements – Aug 19/99 Rob Freeman, the agent, appeared on behalf of the applicant. There was no one in attendance either in support of or in opposition to the request. There were no objections from any Departments or Agencies. 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 M. S. Panicali Seconded by D. H. Kang THAT Application No. A110/06 – 2003008 ONTARIO INC., be APPROVED, in accordance with the sketches attached. CARRIED.

Please note: M. Mauti returned to the chambers and resumed as Chair. 22. FILE NO: A111/06

MARGARET SECORD

LOCATION Part of Lot 30, Concession 1, (Lots 14, 15, & 16, Registered Plan No. 2273, municipally known as 143 Brooke Street, Thornhill). PROPOSAL The subject lands are zoned R1V, Old Village Residential and subject to the provisions of Exception Number 9(662) under By-Law 1-88 as amended. The purpose of this application is to request variances to permit the construction of three proposed additions, an existing porch to be enclosed, and an existing concrete porch to be covered to an existing two storey single family detached dwelling as follows:

Proposal:

1) To permit a minimum front yard setback of 2.8 metres to the covered porch. 2) To permit a minimum front yard setback of 4.5 meters to the proposed addition

(Muskoka Room). 3) To permit a minimum exterior side yard setback of 1.2 metres to the proposed

covered porch. 4) To permit a minimum exterior side yard setback of 2.37 metres to the proposed

addition. 5) To permit a minimum exterior side yard setback of 5.28 metres to the proposed

garage addition.

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MINOR VARIANCE PUBLIC HEARING: Cont’d… 22. FILE NO: A111/06

MARGARET SECORD Cont’d…

By-Law Requirements:

1) A minimum front yard setback of 9.0 metres is required to the covered porch. 2) A minimum front yard setback of 9.0 metres is required to the proposed addition.

(Muskoka Room). 3) A minimum exterior side yard setback of 9.0 metres is required to the proposed

covered porch. 4) A minimum exterior side yard setback of 9.0 metres is required to the proposed

addition. 5) A minimum 9.0 metre exterior side yard setback is required to the proposed garage

addition. Richard Hahn, the agent, appeared on behalf of the applicant and gave a brief submission regarding the request. The Committee suggested, and it was agreed, that due to the corrections required to be made to the application and the Notice of Application, File A111/06 should be adjourned to the May 11, 2006 meeting, to allow for re-circulation. Mr. Terry Goodwin, 122 Thornridge Drive, Thornhill, Ontario, L4J 1E3, appeared in support. Mr. Doug Swann, 751 Avenue Road, Toronto, Ontario, M5P 2J9, the son of the applicant, appeared to inform the Committee that Mr. Richard Hahn is now the official owner of the land and requested the application be amended to reflect the change. Mr. Hahn stated that he would make the necessary changes to the application. There was no one else in attendance either in support of or in opposition to the request. The following people expressed concerns with the “home office addition” : Heather Kelly, 31 Old Jane Street, Thornhill, Ontario, L4J 1E6 and Mr. And Mrs. Bertoia, 148 Brooke Street, Thornhill, Ontario, L4J 1Y9. There were no objections from any Departments or Agencies.

MOVED by L. Fluxgold Seconded by M. S. Panicali AND THAT Application No. A111/06 – MARGARET SECORD, be ADJOURNED, to the MAY 11, 2006 MEETING. CARRIED.

23. FILE NO: A112/06

GIOVANNI CHIODO

LOCATION Part of Lot 8, Concession 8, (Lot 8, Registered Plan No. 65M-2844, municipally known as 310 Mapes Avenue, Woodbridge).

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MINOR VARIANCE PUBLIC HEARING: Cont’d… 23. FILE NO: A112/06

GIOVANNI CHIODO Cont’d… PROPOSAL The subject lands are zoned R3, Residential under By-Law 1-88 as amended and further subject to Exception 9(696). The purpose of this application is to request variances to permit the construction of a proposed one storey rear addition (solarium) and a covered patio / concrete terrace as follows:

Proposals:

1. A minimum rear yard setback of 5m to the solarium. 2. A minimum rear yard setback of 4.65m to the chimney pilaster. 3. A minimum exterior side yard setback of 1m to the covered porch. 4. A maximum lot coverage of 49%.

By-Law Requirements:

1. A minimum rear yard setback of 7.5m to the solarium. 2. A minimum rear yard setback of 7.0m to the chimney pilaster. 3. A minimum exterior side yard setback of 4.5m. 4. A maximum lot coverage of 40%.

Paul Carvaggio, the agent, appeared on behalf of the applicant. There was no one in attendance either in support of or in opposition to the request. The Planning Department made the following written comments: The applicant has applied for a variance to permit the construction of a one-storey rear addition in the rear yard and a covered and unenclosed terrace in the exterior side yard to an existing one storey single detached dwelling. The applicant is requesting a reduction of the rear yard setback to 5.0m to the proposed solarium addition, rather the required minimum 7.5m; a reduction of the rear yard setback to 4.65m to the proposed chimney pilaster rather the required 7.0m; a reduction of the exterior side yard setback to 1.0m to the proposed covered and unenclosed terrace rather than the required 4.5m; and an increase in lot coverage to 49% rather than the maximum 40% lot coverage requirement. The subject property is a 654m2 corner lot. This Department is of the opinion that the proposed reduction of the exterior side yard is too close to the street and would negatively affect the streetscape. As a result, the Development Planning Department does not support the reduction of the exterior side yard setback from 4.5m to 1.0m. The maximum lot coverage in the R3 Residential Zone is 40%. The existing lot coverage is approximately 36.2%. The applicant is requesting an increase in lot coverage to 49% resulting from the solarium and covered terrace additions, which represents an increase in lot coverage of 12.8%. The Development Planning Department is of the opinion that the proposed increase in lot coverage is excessive for this area. There have been no requests in the general area for a lot coverage increase similar to Variance Application A112/06. This Department would support a lot coverage increase from 40% to 43.05%, which represents the lot coverage increase to facilitate the proposed one-storey addition (solarium) in the rear yard. The Development Planning Department supports the variances for the reduction of rear yard setbacks to the proposed one-storey solarium in the rear yard. The Development Planning Department has no objection to Variance Application A112/06 with respect to the reduction of the rear yard setback to the proposed addition in the rear yard. The Development Planning Department does not support the reduction of the exterior side yard setback from 4.5m to 1.0m. This Department does not support the increase in lot coverage from the maximum 40% to 49%, but will support a maximum 43.05% lot coverage to facilitate the one-storey addition (solarium) in the rear yard.

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MINOR VARIANCE PUBLIC HEARING: Cont’d… 23. FILE NO: A112/06

GIOVANNI CHIODO Cont’d… There were no other objections from any Departments or Agencies. 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 M. S. Panicali Seconded by L. Fluxgold THAT Application No. A112/06 – GIOVANNI CHIODO, be APPROVED, in accordance with the sketch attached. CARRIED.

A letter of support for A112/06 was submitted after the decision was rendered from Nicola

Paolozzi, 302 Mapes Avenue, Woodbridge, Ontario, L4L 8R7.

OTHER BUSINESS NONE. MOTION TO ADJOURN MOVED by M. S. Panicali Seconded by L. Fluxgold

THAT the meeting of Committee of Adjustment be adjourned at 7:00 p.m., and the next regular meeting will be held on THURSDAY, APRIL 27, 2006.

CARRIED.