thursday september 9, 1999 - vaughan...1 the minutes of the 15th meeting of the vaughan committee of...

1

The Minutes of the 15th Meeting of the Vaughan Committee of Adjustment

for the year 1999 Thursday SEPTEMBER 9, 1999

6:00 p.m. Present at the meeting were:

M. Mauti L. Fluxgold K. Hakoda

Members of Staff present:

Dianne E.L. Grout, Secretary-Treasurer Gloria Hardychuk, Assistant Secretary-Treasurer Glenn White, Planner Marie Kennedy, Plans Examiner

INTRODUCTION OF ADDENDUM REPORTS

MOVED by L. Fluxgold Seconded by K. Hakoda

That the addendum reports be incorporated into the minutes and be on view at the back of the room in the Report Book.

CARRIED

DISCLOSURE OF PECUNIARY INTEREST

None. ADOPTION OR CORRECTION OF MINUTES

The minutes of the Committee of Adjustment Meeting of August 12, 1999 could not be adopted at this time as the committee was not in attendance at the August 12, 1999 hearing.

ADJOURNMENTS AND/OR DEFERRALS

Robert G. McEwen of R.G. McEwen & Associates, the agent for the applicant, faxed a letter to the Committee requesting that Item #6, 1283960 ONTARIO INC., File No. A209/99 be ADJOURNED Sine Die, to allow for ongoing discussion with the Ministry of Transportation


That Item # 6, 1283960 ONTARIO INC., File No. A209/99, be ADJOURNED Sine Die.

CARRIED.

Enrico F. Benigni, the applicant, faxed a letter to the Committee requesting that Item #12, ENRICO BENIGNI & JOSEPH ARNONE, File No. B84/99 be ADJOURNED Sine Die, as this item is scheduled to be heard by Council Committee of the Whole to discuss Official Plan Amendment (OP.99.006) and Zoning By-law Amendment (Z.99.011).


That Item # 12, ENRICO BENIGNI & JOSEPH ARNONE, File No. B84/99, be ADJOURNED Sine Die.

2

CARRIED. MINOR VARIANCE PUBLIC HEARINGS:

1. FILE NO. A297/99

GRANITE VALLEY HOLDINGS LTD.

LOCATION

Part of Lots 7, 8 & 9, Plan 1607 (Part of Lot 26, Concession 1) municipally known as 1 & 5 Emerald Lane.

PROPOSAL

The applicant is requesting a variance to permit the continued construction of a gatehouse associated with two, eleven (11) storey apartment buildings, notwithstanding the minimum setback to the security gatehouse is 4.0m, rather than the By-law requires the minimum setback to the security gatehouse to be 9.0m.

Andrew Bigauskas appeared as the agent on behalf of the applicant and gave a brief submission and history from 1997. He explained that the gatehouse site plan has been approved.

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.


THAT Application No. A297/99, GRANITE VALLEY HOLDINGS LTD., be APPROVED, subject to the following conditions:

1. That the variance for the minimum setback to the security gate is conditional upon the

property being constructed in accordance with the requested variance as shown on the attached sketch forming part of this application, to the satisfaction of the Building Standards Department.

2. That if the condition listed above is not fulfilled within twelve (12) months of the date this

decision becomes final and binding, the said decision shall expire and shall be deemed to have been annulled and rescinded by the Committee.

CARRIED.

2. FILE NO. A233/99

JOE & CARMELA CATALDO

LOCATION

Lot 3, Registered Plan 65M-3148 (Part of Lot 5, Concession 8) municipally known as 40 Angelina Avenue. PROPOSAL

The applicants are requesting a variance to permit the maintenance of an existing two storey,

single family, detached dwelling with side entrance and attached garage, notwithstanding, there is a 0.9m yard encroachment for steps and deck at the side of the dwelling, rather than the By-law requires 0.0m permitted yard encroachment for steps and deck.

MINOR VARIANCE PUBLIC HEARINGS: Cont’d . . .

COMMITTEE OF ADJUSTMENT MINUTES SEPTEMBER 9, 1999

3

There was no agent in attendance 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.


THAT Application No: A233/99, JOE & CARMELA CATALDO, be APPROVED subject to the following condition:

1. That if a Building Permit is not issued, based upon the decision of the Committee of

Adjustment 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.

CARRIED.

CONSENT PUBLIC HEARINGS: 3. FILE NO. B80/99

STEELES 400 DEVELOPMENT CORPORATION

LOCATION

Part of Lot 1, Concession 5. PROPOSAL

The purpose of the application is to request the consent of the Committee of Adjustment to convey a parcel of land marked “A” on the sketch for commercial purposes, and retain the lands marked “B” on the sketch for commercial purposes. Joseph Guzzi appeared as the agent on behalf of the applicant and stated he had nothing to add.



MOVED by L. Fluxgold Seconded by K. Hakoda THAT Application No. B80/99, STEELES 400 DEVELOPMENT CORPORATION be APPROVED, subject to the following conditions:

1. Payment to the City of Vaughan of a Tree Fee if required, approved by Council as of the

date of granting the consent. Payment is to be made by certified cheque, to the satisfaction of the Finance Department and Parks Department;

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

Department; (contact Linda Nelson in the Finance Department to have this condition


4

cleared). CONSENT PUBLIC HEARINGS: Cont’d . . .

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 of Vaughan, if required, in lieu of the deeding of land for park purposes shall be made. Said levy is to be 2% of the appraised market value of the subject land as of the day before the day of the giving of consent. The appraisal report and levy shall be approved by the Manager of Real Estate. Payment shall be made by certified cheque only;

4. Submission to the Secretary-Treasurer of three (3) white prints of a registered deposited reference plan of survey, showing the subject land which conforms with the application submitted and which shows the dimensions and areas of each part shown on the plan;

5. Upon fulfilling and complying with all of the above-noted conditions, and only if required, the

Secretary-Treasurer of the Committee of Adjustment must be provided with three (3) copies of the Transfer/Deed of Land for the subject land to be stamped accordingly; or may provide a Certificate to the Applicant stating the Consent has been given in certain cases;

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

with all of the above noted consent conditions;

7. Pursuant to Section 53(20) of the Planning Act, the applicant shall have a period of one year from the date of the Committee of Adjustment giving Notice of the herein Decision to the Applicant to fulfill and comply with all of the (above-noted) conditions, if required, of Consent, failing which the application for consent shall thereupon deem to be refused;

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.

4. FILE NO. B81/99

ELEANOR SHAW DAWSON

LOCATION Part of Lot 23, Concession 8, municipally known as 10384 Islington Avenue.

PROPOSAL The purpose of the application is to request the consent of the Committee of Adjustment to convey a parcel of land marked “A” on the sketch for residential purposes, and retain the lands marked “B” on the sketch for residential purposes.

Frank Greco appeared as the agent on behalf of the applicant, gave a brief submission and discussed his concern with condition #4 regarding the site plan. He explained that he met with B. Bielski and Glenn


5

White this morning. He felt that condition #10 says the same thing. The Committee questioned Planning if they would be satisfied with the removal of condition #4. Planning explained that condition #10 was requested by T.R.C.A. and condition #4 is from the Planning Department. Planning does not feel that they are duplicated. The Committee asked

CONSENT PUBLIC HEARINGS: Cont’d . . .

Planning if condition #10 was revised to include the building envelope, would it be satisfactory. Planning said it would not be satisfactory.

The Agent stated that the purchaser purchased the property to build a single family dwelling. Islington is a very busy street and wants to locate the house as far back as possible. T.R.C.A. have discussed it and also KARA Ratepayers’ and both are satisfied. Planning explained that they are concerned with the street scape and how the house would look located that far back.

Ron Keffer, 31 Daleview Court, P.O. Box 127, Kleinburg, Ontario L0J 1C0 (Lot #8) appeared as a neighbour and gave a brief submission in support of the application. His property abuts the subject propert. He requested that approval should only be granted for a single family dwelling. Robert Klein of Kleinburg & Area Ratepayers’ Association, 8 Daleview Court, Kleinburg, Ontario L0J 1C0 appeared as a resident and also as a representative of KARA Ratepayers’, and spoke in support of the application.

The Committee asked the agent if there were any drawings of the proposed dwelling. The Agent stated that there were no drawings at this time. He also explained that the trees are going to remain and feels that issues being raised should be dealt with at the building permit stage. He felt that these discussions were premature and should be and will be addressed at the building permit stage. The Committee reminded that “if required” is on the conditions. The Agent asked what would happen if the purchaser does not decide to build within the twelve (12) month period. The Committee explained that the decision would be null and void.


That the Committee take a recess to discuss the application.

CARRIED.

The Committee left the Council Chambers at 6:40 p.m.

The Committee returned to the Council Chambers at 7:00 p.m. to resume the hearing. The Committee explained to the Agent that they felt that he had two options; (1) defer the application or (2) make a motion with condition #4 as it stands.


THAT Application File No. B81/99, ELEANORE SHAW DAWSON, be DEFERED to the September 23, 1999 hearing date to allow the Agent time to discuss the application further with the Planning Department.

CARRIED.

5. FILE NOS. B82/99 & B83/99

ACUMEN INVESTMENTS LTD.

LOCATIONS

Part of Lot 4, Concession 6 municipally known as 33 Auto Park Circle and Auto Park Circle (respectively).


6


PROPOSAL

(B82/99) The purpose of the application is to request the consent of the Committee of Adjustment to grant an easement (servicing) through the described lands marked “A” on the sketch, for the purposes to construct, install, operate, maintain, inspect, alter, remove, replace, reconstruct, enlarge, and repair such utility services in favour of the lands to the east (Part 1 & 2 on Reference Plan 65R-16423), and retain the lands marked “B” on the sketch for automotive commercial purposes.

(B83/99) The applicant is to request the consent of the Committee of Adjustment to grant an easement (servicing) through the described lands marked “A” on the sketch, for the purposes to construct, install, operate, maintain, inspect, alter, remove, replace, reconstruct, enlarge, and repair such utility services in favour of the lands to the east and north west (Parts 1, 3, 4, 5, 6, 7 & 8 on Reference Plan 65R-14284) and to retain the land marked “B” on the sketch for automotive commercial purposes.

Ivano Manias, the agent on behalf of the applicant, faxed a letter to the Committee stating that he would not be able to attend the hearing and requested that the applications be heard in his absence.




THAT Application File No. B82/99, ACUMEN INVESTMENTS LTD., be APPROVED, subject to the following conditions:

1. That the corresponding consent application, File #B83/99, ACUMEN INVESTMENTS

LIMITED, be approved and be in full force and effect.

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 the lands to the east (Part 1 & 2 on Reference Plan 65R-16423);

4. Submission to the Secretary-Treasurer of three (3) white prints of a registered deposited

reference plan of survey, showing the subject land which conforms with the application submitted and which shows the dimensions and areas of each part shown on the plan;





7. Pursuant to Section 53(20) of the Planning Act, the applicant shall have a period of one


7

year from the date of the Committee of Adjustment giving Notice of the herein Decision to the Applicant to fulfill and comply with all of the (above-noted) conditions, if required, of Consent, failing which the application for consent shall thereupon deem to be refused;


CARRIED.


THAT Application No: B83/99, ACUMEN INVESTMENTS LIMITED, be APPROVED subject to the following conditions:

1. That the corresponding consent application, File #B82/99, ACUMEN INVESTMENTS

LIMITED, be approved and be in full force and effect.

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 the lands to the east and north west (Parts 1, 3, 4, 5, 6, 7 & 8 on Reference Plan 65R-14284);

4. Submission to the Secretary-Treasurer of three (3) white prints of a registered deposited

reference plan of survey, showing the subject land which conforms with the application submitted and which shows the dimensions and areas of each part shown on the plan;





7. Pursuant to Section 53(20) of the Planning Act, the applicant shall have a period of one year from the date of the Committee of Adjustment giving Notice of the herein Decision to the Applicant to fulfill and comply with all of the (above-noted) conditions, if required, of Consent, failing which the application for consent shall thereupon deem to be refused;

CARRIED.

MINOR VARIANCE PUBLIC HEARINGS: 6. FILE NO. A254/99

CLARA & GREG NISAN

LOCATION

Lot 56, Registered Plan 65M-3195 (Part of Lot 33, Concession 1) municipally known as 111 Sanibel Crescent.

PROPOSAL

The applicant is requesting a variance to permit the maintenance of an existing two-storey single family dwelling with an attached three car garage and to permit the construction of a three car driveway,


8

notwithstanding the maximum curb cut will be 9.0m, rather than the By-law requires the maximum curb cut of 6.0m.


Greg Nisan appeared on his own behalf and gave a brief submission. The circular driveway was approved but was too narrow so now he is requesting a curb cut for a three car driveway. The Committee asked Planning if the circular driveway would be permitted at 9.0m wide. Planning answered that it would.

Christopher Bratty of 7501 Keele Street, Maple, Ontario L4K 1Y2 appeared and stated that he felt that most people would rather have a 9.0m wide driveway and felt that perhaps the By-law should be looked at to address this ongoing concern. He also stated that there will be a good number of similar applications in the near future for curb cuts.

There was no one else in attendance either in support of or in opposition to the request.




THAT Application File No. A254/99, CLARA & GREG NISAN, be APPROVED, subject to the following conditions:

1. That the variances for the increase in the curb cut is conditional upon the driveway being

constructed in accordance with the requested variance as shown on the attached sketch forming part of this application, to the satisfaction of the Building Standards Department.



CARRIED.

7. FILE NO. A279/99

PRIME MAPLE DEVELOPMENT CORPORATION (PHASE 3)

LOCATION

Lot 54, Registered Plan 65M-3095 (Pat of Lot 24, Concession 4) municipally known as 93 Sandway Crescent.

PROPOSAL

The applicant is requesting variances to permit the construction of a proposed two storey, single family, detached dwelling with attached garage, notwithstanding the rear yard setback will be 8.81m, rather than the By-law requires a minimum rear yard setback of 9.0m; and two (2) parking spaces will be provided on the lot, rather than the By-law requires a minimum of three (3) parking spaces are to be provided on the lot.


9

Bruce Murray appeared as the Agent on behalf of the applicant and stated he had nothing to add.





MOVED by K. Hakoda Seconded by L. Fluxgold

THAT Application No: A279/99, PRIME MAPLE DEVELOPMENT CORP. (PHASE 3), be APPROVED subject to the following conditions:

1. That the variances for the reduction in the rear yard setback and the reduced parking spaces provided

on the lot are conditional upon the property being constructed in accordance with the requested variances as shown on the attached sketch forming part of this application, to the satisfaction of the Building Standards Department.

2. That if the condition listed above is not fulfilled within twelve (12) months of the date this decision

becomes final and binding, the said decision shall expire and shall be deemed to have been annulled and rescinded by the Committee.

CARRIED.

8. FILE NO. A281/99

FLORIAN & CRISTINA SURGHE

LOCATION

(Part of Lot 19, Concession 3) municipally known as 9715 Keele Street.

PROPOSAL The applicant is requesting permission to permit the use of an existing two storey, single family, detached dwelling as a photography office only (no dark room, no studio) as a home occupation, by appointment only and not open to the public and no retail, rather than the By-law requires that home use is limited to physician, dentist, drugless practitioner.

Florian Surghe appeared on his own behalf, stated he agreed with the conditions and gave a brief submission and history of his photography studio. He spoke to a professional planner who explained that R1 zoning would allow a home office.

The Committee asked Planning how would hours of operation be monitored. Planning was not sure who would monitor the hours of operation. Christina Surghe also appeared and requested an explanation about the petition that was submitted.

Tony Fratipiotro of 9725 Keele Street, Maple, Ontario L6A 1R6 appeared and spoke in opposition to the application. He presented a petition of residents also in opposition to the application to include: Pasquale Delle Donne, 9706 Keele Street, Maple, Ontario L6A 1S3; Angelo Carino, 9696 Keele Street, Maple, Ontario L6A 1R6; Arthur Amos, 9746 Keele Street, Maple, Ontario L6A 1R6;


10

Gregory Barone, 9697 Keele Street, Maple, Ontario L6A 1R6.



The Committee is of the opinion that the permission 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.



THAT Application No: A281/99, FLORIAN & CRISTINA SURGHE, be APPROVED subject to the following conditions:

1. That a Site Development Application DA.99.059 (Section 4.1.5.a) must be approved by

Council, if required, to the satisfaction of the Building Standards, Planning and Engineering Departments.



CARRIED.

9. FILE NO. A284/99

MYRON BODNARCHUK & AILEEN LITTLE

LOCATION

Lot 77, Registered Plan 65M-3095 (Part of Lot 24, Concession 4) municipally known as 26 Sandway Crescent. PROPOSAL

The applicants are requesting a variance to permit the construction of a wooden deck and stairs attached to a two storey, single family, detached dwelling with attached garage, notwithstanding the rear yard setback to the uncovered and unenclosed deck/stairs will be 6.9m, rather than the previously approved rear yard setback to deck/stairs of 8.4m.

Myron Bodnarchuk appeared on his own behalf and stated he had nothing to add.


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.


THAT Application No: A284/99, MYRON BODNARCHUK & AILEEN LITTLE, be APPROVED


11

subject to the following conditions:

1. That the variance for the reduction in the rear yard setback is conditional upon the property being constructed in accordance with the requested variance as shown on the attached sketch forming part of this application, to the satisfaction of the Building Standards Department.



CARRIED.

MINOR VARIANCE PUBLIC HEARINGS: Cont’d . . . 10. FILE NO. A285/99

MICHELINA DE MARIA

LOCATION

Lot 122, Registered Plan 65M-3106 (Part of Lot 23, Concession 4) municipally known as 41 Fairmount Avenue.

PROPOSAL

The applicant is requesting variances to permit the maintenance of an existing two-storey single family dwelling and garden shed in the rear yard, notwithstanding the side yard setback to the shed is 0.6m, rear yard setback to the shed is 1.2m with a maximum height of 3.15m to the roof of the shed and maximum building area of 9.3m2 rather than the by-law requires the side yard setback to be 1.2m, the rear yard setback to be 9.0m, with a maximum height of 3.0m to eaves, 4.5m to top of roof and maximum building area of 67m2.

Luciano De Maria appeared on behalf of the applicant and gave a brief submission. He explained that the shed had been built approximately 1 year ago and felt that it should be allowed to remain there.

Philip Longo of 408 Melville Avenue, Maple, Ontario L6A 2N8 appeared on behalf of his father Luciano Longo of 213 Judith Avenue, Thornhill, Ontario L4J 7E3 who is the owner of the subject property, and gave a brief submission in opposition to the application as well as presented pictures to the Committee showing other sheds in the area which are also too close to the lot lines and too high, etc. He felt that the applicant should have notified the owners of the property that they were constructing this type of shed. He felt that they should have applied for a building permit prior to building the shed, that the shed was a fire hazzard, and asked that the Committee request the shed be moved or reduced in size.





THAT Application No. A285/99, MICHELINA DE MARIO, be APPROVED.


12

CARRIED. 11. FILE NO. A286/99

ANGELINA & SANDY RICCIUTO

LOCATION

Lot 22, Registered Plan 4626 (Part of Lot 20, Concession 4) municipally known as 22 Gram Street. MINOR VARIANCE PUBLIC HEARINGS: Cont’d . . .

PROPOSAL

The applicants are requesting variances to permit the construction of a proposed, detached, two car garage accessory to an existing one storey, single family detached dwelling, notwithstanding the rear yard setback will be 1.77m, rather than the By-law requires a minimum rear yard setback of 7.5m; and the lot coverage will be 26.34%%, rather than the previously approved lot coverage of 24.3%.

Pietro Ferrari appeared as the agent on behalf of the applicant and stated he had an opportunity to review the revised Planning Department comments and he had nothing to add.

The Committee asked if he would agree to reduce the proposed garage. The Agent stated that he would agree to reduce the garage. The Committee asked Planning, in their opinion, what would they be satisfied with. Planning answered that they would not approve anything more than the previously approved 24� lot coverage. The Planning Department suggested the Agent adjourn this application to allow an opportunity to submit revised drawings.


THAT Application No: A286/99, ANGELINA & SANDY RICCIUTO, be STOOD DOWN to the end of the Hearing to allow an opportunity for the Agent to revise his drawings.

CARRIED.

12. FILE NO. A287/99

MICHAEL ZEMELMAN

LOCATION

Part of Lot 1, Registered Plan 3715 (Part of Lot 30, Concession 1) municipally known as 163 Rodeo Drive.

PROPOSAL

The applicant is requesting a variance to permit the maintenance of an existing two-storey single family dwelling with an attached three car garage and to permit the construction of an expanded driveway, notwithstanding the curb cut will be 7.3m, rather than the By-law requires the curb cut to be 6.0m.

Michael Shats appeared as the Agent on behalf of the applicant and gave a brief submission.


13





THAT Application No. A287/99, MICHAEL ZEMELMAN, be APPROVED, subject to the following conditions:


1. That the variance for the increase in the curb cut is conditional upon the driveway being constructed in accordance with the requested variance as shown on the attached sketch forming part of this application, to the satisfaction of the Building Standards Department.



CARRIED.

13. FILE NO. A288/99

PRIME MAPLE DEVELOPMENT CORPORATION (PHASE 3)

LOCATION

Lot 79, Registered Plan 65M-3095 (Part of Lot 24, Concession 4) municipally known as 32 Sandway Crescent.

PROPOSAL

The applicant is requesting a variance to permit the continued construction of a two storey, single family, detached dwelling with attached garage and wooden deck, notwithstanding, the rear yard setback to uncovered and unenclosed deck/stairs will be 8.7m, rather than the By-law requires a minimum rear yard setback to all buildings and structures of 10.0m. A sketch is attached illustrating this request.

Bruce Murray appeared as the Agent on behalf of the applicant and stated he had nothing to add.





THAT Application No: A288/99, PRIME MAPLE DEVELOPMENT CORP. (PHASE 3), be APPROVED subject to the following conditions:


14

1. That the variance for the reduction in the rear yard setback is conditional upon the property being




CARRIED.


WESTIB INVESTMENTS INC.

LOCATION

Part 3, of Reference Plan 65R-8536 (Part of Lot 5, Concession 6) municipally known as 40 Winges Road (Unit #5).

PROPOSAL

The applicant is requesting permission to permit the use of Unit #5 as a personal service shop (hair replacement clinic), rather than the By-law requires that a personal service shop is not permitted.

John Palmeri appeared as the Agent on behalf of the applicant and gave a brief submission.

Neil Palmer of Westib Investments Inc., 111 Creditstone Road, Concord, Ontario L4K 1N3 appeared as a representative of the owner of the property and spoke in support of the application. John Deborholi of 5958 Greensboro Drive, Unit #8, Mississauga, Ontario L5M 5Z9 appeared on behalf of the architects for the subject property and spoke in support of the application.

Neil Palmer requested that the Committee grant approval for the term of the lease which would expire in 2009. The Committee did not agree.



The Committee is of the opinion that the permission sought can be considered minor and is desirable for the appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will be maintained.

MOVED by K. Hakoda Seconded by

THAT Application File No. A289/99, WESTIB INVESTMENTS INC., be APPROVED.

MOTION FAILED TO CARRY.


15

The Committee is of the opinion that the permission sought can not be considered minor and is 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 L. Fluxgold Seconded by M. Mauti

THAT Application No: A289/99, WESTIB INVESTMENTS INC., be REFUSED.

CARRIED.

15. FILE NO.: A290/99

RIO TRIN PROPERTIES

LOCATION

(Part of Lot 4 and 5, Concession 5) located on Weston Road (South of Colossus Drive). MINOR VARIANCE PUBLIC HEARINGS: Cont’d . . .

PROPOSAL

The applicant is requesting a variance to permit the construction of a proposed one storey commercial building with a drive through facility, notwithstanding the stacking lane for a drive through shall not be separated from the parking area by a curbed island or other such barrier and shall permit the said lane to provide access to loading and parking spaces, rather than the By-law requires that the stacking lane shall be separated from the parking area by a curbed island or other such barrier.

Franco Romano appeared as the Agent on behalf of the applicant and stated he had nothing to add. There was no one in attendance either in support of or in opposition to the request.




THAT Application No: A290/99, RIO TRIN PROPERTIES (VAUGHAN) INC., be APPROVED subject to the following conditions:

1. That the applicant amends the existing site plan to reflect the drive through proposal, if

required, to the satisfaction of the Planning Department.

2. That the variance for the stacking lane for a drive through is conditional upon the property being constructed in accordance with the requested variance as shown on the attached sketch forming part of this application, to the satisfaction of the Building Standards Department.


becomes final and binding, the said decision shall expire and shall be deemed to have been


16

annulled and rescinded by the Committee.

CARRIED.

16. FILE NO. A291/99

I. P. C. F. PROPERTIES INC.

LOCATION

Part 4, Reference Plan 65R-18505 (Part of Lot 6, Concession 6) municipally known as 3940 Highway #7.

PROPOSAL

The applicant is requesting permission to permit an outdoor sales area covered by a tent to be used during the months of September and October of each year, rather than the previously approved permission to allow an outdoor sales area to be utilized only for the duration of the spring months, and the month of December.

Michael Bentivogli appeared as the Agent on behalf of the applicant and stated he had nothing to add.



There were no objections from any Departments or Agencies. The Committee is of the opinion that the permission 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.


THAT Application No: A291/99, I. P. C. F. PROPERTIES INC., be APPROVED subject to the following conditions:

1. That a parking study is to be provided to justify that the reduction in parking spaces due to

the proposed sales area would not impact the overall parking requirements, if required, to the satisfaction of the Engineering Department.



CARRIED.

17. FILE NO. A293/99

TIBOR & ELIZABETH GARDONYI

LOCATION

Lot 75, Registered Plan 65M-3095 (Part of Lot 24, Concession 4) municipally known as 18 Sandway Crescent.

PROPOSAL


17

The applicant is requesting a variance to permit the construction of a proposed uncovered wooden deck attached to an existing two storey, single family, detached dwelling with attached garage, notwithstanding the rear yard setback to the uncovered deck/stairs will be 8.5m, rather than the By-law requires a minimum rear yard setback to all buildings and structures of 10.0m. Bruce Murray appeared as the Agent on behalf of the applicant and stated he had nothing to add.


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.


THAT Application No: A293/99. TIBOR & ELIZABETH GARDONYI, be APPROVED subject to the following conditions:


1. That the variance for the reduction in the rear yard setback to uncovered deck/stairs is conditional upon the property being constructed in accordance with the requested variance as shown on the attached sketch forming part of this application, to the satisfaction of the Building Standards Department.



CARRIED.

18. FILE NO. A294/99

MARIO D’AMARIO

LOCATION

Lot 38, Registered Plan 65M-2574 (Part of Lot 9, Concession 6) municipally known as 60 Brougham Drive.

PROPOSAL

The applicant is requesting a variance to permit the construction of a proposed enclosed and covered patio, which is attached to the rear of an existing two-storey single family dwelling with an attached garage, notwithstanding the minimum rear yard setback will be 5.14m, rather than the By-law requires the minimum rear yard setback to be 7.5m.

Mario D’Amario appeared on his own behalf, submitted a petition in support of his application, and stated he had nothing to add. The petition included: Pat Salvati of 56 Brougham Drive, Woodbridge, Ontario L4L 3E1; Alberto Barillari of 73 Bordeaux Drive, Woodbridge, Ontario L4L 3C3; Marida Pittioni of 55 Brougham Drive, Woodbridge, Ontario L4L 3C9; Nicelotta Nicola of 63 Brougham Drive, Woodbridge, Ontario L4L 3C9; Lino Spinosa of 53 Brougham Drive, Woodbridge, Ontario L4L 3C9; and Pasqualli Girvasi of 67 Bordeaux Drive, Woodbridge, Ontario L4L 3C3.


18





THAT Application No. A294/99, MARIO D'AMARIO, be APPROVED, subject to the following conditions:

1. That the variance for the reduction in the rear yard setback is conditional upon the patio

being constructed in accordance with the requested variance as shown on the attached sketch forming part of this application, to the satisfaction of the Building Standards Department.

2. That a building permit be obtained , if required, to the satisfaction of the Building Standards

Department; MINOR VARIANCE PUBLIC HEARINGS: Cont’d . . .

3. That if the condition listed above is not fulfilled within twelve (12) months of the date this decision becomes final and binding, the said decision shall expire and shall be deemed to have been annulled and rescinded by the Committee.

CARRIED.

19. FILE NO. A295/99

AVIVA BUSHUEV

LOCATION

Lot 45, Registered Plan 3977 (Part of Lot 31, Concession 1) municipally known as 21 Erica Road.

PROPOSAL

The applicant is requesting a variance to permit the construction of a two storey, single family, detached dwelling, notwithstanding, the exterior side yard setback will be 5.5m, rather than the previously approved minimum exterior side yard setback of 8.57m.

Aviva Bushuev appeared on her own behalf and gave a brief submission as to why they do not comply to the By-law. She presented a petition from neighbours in support of her application, to include: Anatoli Mechtcheriakov of 49 Thornbank Road, Thornhill, Ontario L4J 2A1; Janet Grange of 16 Erica Road, Thornhill, Ontario L4J 2G1; Fern Wisebrad, of 11 Erica Road, Thornhill, Ontario L4J 2E9; Neil and Marilyn Tobe of 7 Erica Road, Thornhill, Ontario L4J 2E9; Paul and Larissa Ischenko of 60 Thornbank Road, Thornhill, Ontario L4J 2A4; Nancy Vamvakas of 61 Thornbank Road, Thornhill, Ontario L4J 2A1; Arkady and Bella Tevlin of 65 Thornbank Road, Thornhill, Ontario L4J 2A1; Jerry and Christie Smith of 80 Thornbank Road, Thornhill, Ontario L4J 6X7.



19




THAT Application No. A295/99, AVIVA BUSHUEV, be APPROVED, subject to the following conditions:

1. That the variance for the exterior side yard setback is conditional upon the property being




CARRIED.


ALDO & SUSAN MESSINA

LOCATION

Part of Lot 46, Registered Plan 65M-2115 (Part of Lot 9, Concession 8) municipally known as 63 Partridge Circle.

PROPOSAL

The applicant is requesting a variance to permit the construction of a proposed two-storey solarium and porch which will be attached to the rear of an existing two-storey, single family, detached dwelling with attached garage, notwithstanding minimum rear yard setback will be 3.82m, rather than the By-law requires the minimum rear yard setback to be 6.6m.

John Crimi appeared as the Agent on behalf of the applicant and presented a letter from adjoining neighbours in support of the application to include: Silvia Foti of 61 Partridge Circle, Woodbridge, Ontario L4L 3X3 and Connie Defina of 65 Partridge Circle, Woodbridge, Ontario L4L 3X3. He stated that he had an opportunity to review the conditions and that they were acceptable to him.



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


20

the By-law and the Official Plan will be maintained.


THAT Application No. A296/99, ALDO AND SUSAN MESSINA, be APPROVED, subject to the following conditions:

1. That the variance for the minimum rear yard setback is conditional upon the property being


2. That the owner obtain approval from this office, under the Ontario Regulation 158 or our

Site Plan/Property Clearance process prior to the issuance of building or construction permits from the municipality, if required, to the satisfaction of the Toronto and Region Conservation Authority;

3. That if the conditions listed above are not fulfilled within twelve (12) months of the date this


CARRIED.

21. FILE NO. A298/99

VITO & ROSE STEA

LOCATION

Lot 23, Registered Plan 4735 (Part of Lot 9, Concession 8) municipally known as 60 Fran Drive. MINOR VARIANCE PUBLIC HEARINGS: Cont’d . . .

PROPOSAL

The applicant is requesting a variance to permit the construction of a proposed two car garage attached to an existing one storey, single family detached dwelling, notwithstanding the minimum exterior side yard setback will be 3.66m, rather than the By-law requires a minimum exterior side yard setback of 4.5m.

Vito Stea appeared on his own behalf and stated he had nothing to add.





THAT Application No: A298/99, VITO & ROSE STEA, be APPROVED subject to the following conditions:

1. That the variance for the reduction in the exterior side yard setback is conditional upon the property

being constructed in accordance with the requested variance as shown on the attached sketch forming


21

part of this application, to the satisfaction of the Building Standards Department.


CARRIED.

22. FILE NO. A299/99

GUDRUN DWORSCHAK

LOCATION

Lot 138, Registered Plan 5590 (Part of Lot 19, Concession 4) municipally known as 4 Lancer Drive.

PROPOSAL

The applicant is requesting a variance to permit the construction of a proposed entry hall/mud room attached to an existing one storey, single family, detached, raised bungalow, notwithstanding the front yard setback will be 9.9m and the lot coverage will be 20.5%, rather than the By-law requires a minimum front yard setback of 10.97m (existing less 10%) and a maximum lot coverage of 20%.

Sylvia McClease appeared as the Agent on behalf of the applicant and stated she had nothing to add.






THAT Application No: A299/99, GUDRAN DWORSCHAK, be APPROVED subject to the following conditions:

1. That the variances for the reduction in the front yard setback and increased lot coverage is conditional

upon the property being constructed in accordance with the requested variance as shown on the attached sketch forming part of this application, to the satisfaction of the Building Standards Department.



CARRIED.

23. FILE NO. A300/99

ROSE BINETTI


22

LOCATION

Lot 16, Registered Plan 65M-2808 (Part of Lot 14, Concession 8) municipally known as 6 Capri Court.

PROPOSAL

The applicant is requesting a variance to permit the maintenance of an existing one storey, single family, detached dwelling with attached garage and circular driveway, notwithstanding driveway width for the circular driveway is 9.4m measured at street curb, rather than the By-law requires a maximum driveway width for circular driveway of 9.0m measured at street curb.

Chris Tyrrell of Marshall Macklin Monaghan Limited, appeared as the agent on behalf of the applicant and the developer, and gave a brief submission. He explained that the next seven (7) applications were all in the Woodbridge Highlands area and that some applications are for straight driveways and some are for circular driveways. He explained that the wider driveways are in character with the Woodbridge Highlands properties and that the lots are a minimum of 60' wide. He understands that Planning objects to the wider curb cuts but noted that Engineering now, with their revised memo given to him prior to the hearing, do support the wider driveways in the Woodbridge Highlands area only. Planning staff says that on street parking would be reduced with the wider driveways. The Agent also explained that the Committee had already approved 67 Deerchase Circle and also 25 Longview Crescent for the same thing. He also explained that the curb cuts are existing and that the homeowners have spent a great deal of money to landscape their properties.






THAT Application No. A300/99, ROSE BINETTI, be APPROVED, subject to the following conditions:

1. That the variance for the maximum driveway at street curb is conditional upon the driveway

being constructed in accordance with the requested variance as shown on the attached sketch forming part of this application, to the satisfaction of the Building Standards Department.



CARRIED.

24. FILE NO. A301/99

JOE PIACENTE

LOCATION

Lot 8, Registered Plan 65M-2808 (Part of Lot 14, Concession 8) municipally known as 97 Thomas Creek Boulevard.


23

PROPOSAL

The applicant is requesting a variance to permit the maintenance of an existing one storey, single family, detached dwelling with attached garage. notwithstanding driveway width at street curb is 8.0m, rather than the By-law requires a maximum driveway width at street curb to be 6.0m.

Chris Tyrrell of Marshall Macklin Monaghan Limited, appeared as the agent on behalf of the applicant and the developer, and gave a brief submission. He explained that the seven (7) applications were all in the Woodbridge Highlands area and that some applications are for straight driveways and some are for circular driveways. He explained that the wider driveways are in character with the Woodbridge Highlands properties and that the lots are a minimum of 60' wide. He understands that Planning objects to the wider curb cuts but noted that Engineering now, with their revised memo given to him prior to the hearing, do support the wider driveways in the Woodbridge Highlands area only. Planning staff says that on street parking would be reduced with the wider driveways. The Agent also explained that the Committee had already approved 67 Deerchase Circle and also 25 Longview Crescent for the same thing. He also explained that the curb cuts are existing and that the homeowners have spent a great deal of money to landscape their properties.





THAT Application No. A301/99, JOE PIACENTE, be APPROVED, subject to the following conditions:


1. That the variance for the maximum driveway at street curb is conditional upon the driveway being constructed in accordance with the requested variance as shown on the attached sketch forming part of this application, to the satisfaction of the Building Standards Department.



CARRIED.

25. FILE NO. A302/99

GRAZIA GIUSTINO

LOCATION

Lot 75, Registered Plan 65M-2808 (Part of Lot 14, Concession 8) municipally known as 50 Thomas Creek Boulevard.

PROPOSAL


24

The applicant is requesting variances to permit the maintenance of an existing one storey, single family, detached dwelling with attached garage. notwithstanding driveway width at street curb is 9.0m and the driveway width on the lot is 13.5m, rather than the By-law requires a maximum driveway width at street curb to be 6.0m and on the lot 9.0m.






THAT Application No. A302/99, GRAZIA GIUSTINO, be APPROVED, subject to the following conditions:

1. That the variances for the maximum driveway at street curb and on the lot are conditional

upon the driveway being constructed in accordance with the requested variance as shown on the attached sketch forming part of this application, to the satisfaction of the Building Standards Department.



CARRIED.

26. FILE NO. A303/99

JOHN MONTANARI

LOCATION

Lot 12, Registered Plan 65M-2808 (Part of Lot 14, Concession 8) municipally known as 345 Roselawn Drive.

PROPOSAL

The applicant is requesting variances to permit the maintenance of an existing one storey, single family, detached dwelling with attached garage. notwithstanding driveway width at street curb is 8.0m and the driveway width on the lot is 11.0m, rather than the By-law requires a maximum driveway width at street curb to be 6.0m and on the lot 9.0m.


25






THAT Application No. A303/99, JOHN MONTANARI, be APPROVED, subject to the following conditions:

1. That the variances for the maximum driveway at street curb and on the lot are conditional

upon the driveway being constructed in accordance with the requested variance as shown on the attached sketch forming part of this application, to the satisfaction of the Building Standards Department.




CARRIED. 27. FILE NO.: A304/99

CYNTHIA CIAMARRA

LOCATION

Lot 76, Registered Plan 65M-2810 (Part of Lot 13, Concession 8) municipally known as 54 Roselawn Drive.

PROPOSAL

The applicant is requesting variances to permit the maintenance of an existing one storey, single family, detached dwelling with attached garage and circular driveway, notwithstanding driveway width for the circular driveway is 9.6m measured at street curb and the landscaping in the front yard is 35%, rather than the By-law requires a maximum driveway width for circular driveway of 9.0m measured at street curb and minimum landscaping in the front yard of 50%.

Chris Tyrrell of Marshall Macklin Monaghan Limited, appeared as the agent on behalf of the applicant and the developer, and gave a brief submission. He explained that the seven (7)


26

applications were all in the Woodbridge Highlands area and that some applications are for straight driveways and some are for circular driveways. He explained that the wider driveways are in character with the Woodbridge Highlands properties and that the lots are a minimum of 60' wide. He understands that Planning objects to the wider curb cuts but noted that Engineering now, with their revised memo given to him prior to the hearing, do support the wider driveways in the Woodbridge Highlands area only. Planning staff says that on street parking would be reduced with the wider driveways. The Agent also explained that the Committee had already approved 67 Deerchase Circle and also 25 Longview Crescent for the same thing. He also explained that the curb cuts are existing and that the homeowners have spent a great deal of money to landscape their properties.





THAT Application No: A304/99, CYNTHIA CIAMARRA, be APPROVED subject to the following conditions:

1. That a revision to the building permit be obtained, if required, to the satisfaction of the

Building Standards Department.

2. That if a Building Permit is not issued, based upon the decision of the Committee of Adjustment 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.

CARRIED.

MINOR VARIANCE PUBLIC HEARINGS: Cont’d . . . 28. FILE NO.: A306/99

UGO DI FEDERICO

LOCATION

The applicant is requesting variances to permit the maintenance of an existing two storey, single family, detached dwelling with attached garage and circular driveway, notwithstanding driveway width for the circular driveway is 10m measured at street curb and the landscaping in the front yard is 43%, rather than the By-law requires a maximum driveway width for circular driveway of 9.0m measured at street curb and minimum landscaping in the front yard of 50%.

Chris Tyrrell of Marshall Macklin Monaghan Limited, appeared as the agent on behalf of the applicant and the developer, and gave a brief submission. He explained that the seven (7) applications were all in the Woodbridge Highlands area and that some applications are for straight driveways and some are for circular driveways. He explained that the wider driveways are in character with the Woodbridge Highlands properties and that the lots are a minimum of 60' wide. He understands that Planning objects to the wider curb cuts but noted that Engineering now, with their revised memo given to him prior to the hearing, do support the wider driveways in the Woodbridge Highlands area only. Planning staff says that on street parking would be reduced with the wider driveways. The Agent also explained that the Committee had already approved 67 Deerchase Circle and also 25 Longview Crescent for the same thing. He also explained that the


27

curb cuts are existing and that the homeowners have spent a great deal of money to landscape their properties.





THAT Application No: A306/99, UGO DI FEDERICO, be APPROVED subject to the following conditions:




CARRIED.

29. FILE NO.: 307/99

MARY DeCARIA

LOCATION

Lot 82, Registered Plan 65M-2811 (Part of Lot 13, Concession 8) municipally known as 36 Deerchase Circle.


PROPOSAL

The applicant is requesting variances to permit the maintenance of an existing two storey, single family, detached dwelling with attached garage and circular driveway, notwithstanding driveway width for the circular driveway is 9.3m measured at street curb and the landscaping in the front yard is 40%, rather than the By-law requires a maximum driveway width for circular driveway of 9.0m measured at street curb and minimum landscaping in the front yard of 50%.



28





THAT Application No: A307/99, MARY DE CARIA, be APPROVED subject to the following conditions:




CARRIED.

30. FILE NO.: A286/99

ANGELINA & SANDY RICCIUTO

LOCATION

Lot 22, Registered Plan 4626 (Part of Lot 20, Concession 4) municipally known as 22 Gram Street.


PROPOSAL

The applicants are requesting variances to permit the construction of a proposed, detached, two car garage accessory to an existing one storey, single family detached dwelling, notwithstanding the rear yard setback will be 1.77m, rather than the By-law requires a minimum rear yard setback of 7.5m; and the lot coverage will be 26.34%%, rather than the previously approved lot coverage of 24.3%.

Pietro Ferrari appeared as the agent on behalf of the applicant and stated he had an opportunity to review the revised Planning Department comments and he had nothing to add.

The Committee asked if he would agree to reduce the proposed garage. The Agent stated that he would agree to reduce the garage.

During the agent’s submission it was agreed to amend the application and sketch as follows: "....rear yard setback will be 3.65m; and the lot coverage will be 25% - NOT - rear yard setback will be 1.77m; and the lot coverage will be 26.34%”. The Committee asked Planning, in their opinion, what would they be satisfied with. Planning answered that they would not approve anything more than the previously approved 24� lot coverage.


29

The Agent presented revised drawings indicating revised lot coverage of 25� and the rear yard setback would be 3.65m. The Planning Department was in agreement with the revisions.





THAT Application No: A286/99, ANGELINA & SANDY RICCIUTO, be APPROVED as amended subject to the following conditions:

1. That the variances for the reduction in the rear yard setback and the increased lot coverage are

conditional upon the property being constructed in accordance with the requested variances as shown on the attached sketch forming part of this application, to the satisfaction of the Building Standards Department.

2. That a Building Permit be applied for the construction of an overhead door at the rear of the

attached garage, if required, to the satisfaction of the Building Department.


OTHER BUSINESS None.

MOTION TO ADJOURN


THAT the meeting of Committee of Adjustment be adjourned at 8:36 p.m., and the next regular meeting will be held on SEPTEMBER 23, 1999.

CARRIED.

thursday september 9, 1999 - vaughan...1 the minutes of the 15th meeting of the vaughan committee of...

Documents