The Minutes of the 7th. Meeting of the
Vaughan Committee of Adjustment
for the year 2004
THURSDAY, APRIL 15, 2004
6:00p.m.
Present at the meeting were:
T. DeCicco – Vice Chair
L. Fluxgold
D. H. Kang
M. S. Panicali
Members of Staff present:
Dianne E.L. Grout, Secretary-Treasurer
Anne Markovsky, Assistant to the Secretary-Treasurer
Glenn White, Planner
Gregory Seganfreddo, 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
L. Fluxgold declared a conflict of interest with respect to Item# 25, File No. A111/04, 1141318 &
1141896 ONTARIO LTD., SAMRIN ENTERPRISES INC., as he gave advise to the associated
Company
T. DeCicco declared a conflict of interest with respect to Item# 24, File No. A110/04, VINCENT
STABILE & LORETTA MASCHERIN, as his property backs on to the applicant.
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 25, 2004, be
corrected as follows:
Page 1 - under disclosure of pecuniary interest, first paragraph should read:
“
as he acted as solicitor in the acquisition……”
NOT
“
as he participated in the acquisition….”
CARRIED
It should be noted that T. DeCicco was not in attendance at the March 25, 2004 meeting and did
not take part in the adoption of these minutes.
Page 1 of 40
COMMITTEE OF ADJUSTMENT MINUTES APRIL 15, 2004
ADJOURNMENTS AND/OR DEFERRALS
April 15, 2004, a faxed letter was received from Steve Maini, the agent, regarding Item #15, File
No. A099/04 - CARAVON PROPERTIES INC., requesting that this application ADJOURNED to
the April 29, 2004 meeting, in order for the applicant to review architectural plans with his
designer.
April 15, 2004, a faxed letter was received from Lino Pellicano, the agent, regarding Item # 30, File
No. A116/04 - DINO MARTELLI, and Item # 31, File No A117/04 – UMBERTO PARAVANI,
requesting that these applications BE ADJOURNED to the May 13, 2004 meeting, in order to
resolve issues with the Planning and Building Departments.
April 15, 2004, a faxed letter was received from Tony Arone, the agent, regarding Item #39, File
No. A129/04 – COSMO & ROSA IOZZO, requesting that this application be ADJOURNED to the
April 29, 2004 meeting, as the applicant was unable to attend the meeting due to unforeseen
circumstances.
April 15, 2004, a verbal request was made to the Committee from the Maple Residents, that Item #
40, File No. A130/04 be HEARD FIRST.
MOVED by L. Fluxgold
Seconded by M. S. Panicali
THAT Item # 15, File No. A099/04 - CARAVON PROPERTIES INC., be adjourned to the April
29, 2004 meeting.
THAT Item # # 30, File No. A116/04 - DINO MARTELLI, and Item # 31, File No A117/04 –
UMBERTO PARAVANI, be adjourned to the May 13, 2004 meeting.
THAT Item #39, File No. A129/04 – COSMO & ROSA IOZZO, be adjourned to the April 29,
2004 meeting.
THAT Item #40 File No. A130/04 be HEARD FIRST.
CARRIED
ADMINISTRATIVE CORRECTIONS
NONE
MINOR VARIANCE PUBLIC HEARING:
1.
FILE NO: A130/04
NICK NATALE
LOCATION
Part of Lot 20, Concession 4, (Lot 67, Plan No. 4626, municipally known as 25 Jackson
Street, Maple).
PROPOSAL
The subject lands are zoned R1V, Old Village Residential, under By-law 1-88 as
amended.
The applicant is requesting a variance to permit the construction a one and a half storey
single family detached dwelling, notwithstanding, the maximum lot coverage will be
21.53%, rather than the By-law requires the maximum lot coverage to be 20%. Sketches
are attached illustrating the request.
Page 2 of 40
COMMITTEE OF ADJUSTMENT MINUTES APRIL 15, 2004
MINOR VARIANCE PUBLIC HEARING:
1.
Cont’d
FILE NO: A130/04
NICK NATALE
Other Planning Act Applications:
The land which is the subject in this application is/was also the subject of application under
the Planning Act for:
Zoning Amendment Z.03.009 – Approved by Council March 8, 2004 (By-law pending)
On January 20, 2003, Staff was directed, that the following petition of concerned residents,
(who requested to be notified of all future public hearings pertaining to the R1V, Old Village
Residential Zone in Maple) be forwarded to and made part of the Committee of
Adjustment notification process.
David Ross & Jean Geddes
30 GOSLING AVE.,
MAPLE, ONTARIO
L6A 1S3
Evelyn Wilmot
19 RYDER RD.,
MAPLE, ONTARIO
L6A 1E4
Pina Colucci
67 NETHERFORD RD.,
MAPLE, ONTARIO
L6A 1E1
Susie Santoriello
12 MALAREN RD.,
MAPLE, ONTARIO
L6A 1E5
Mario & Lina Rospo
27 MALAREN RD.,
MAPLE, ONTARIO
L6A 1E5
Gerry Steyn
18 LANCER DR.,
MAPLE, ONTARIO
L6A 1E4
M. Halliday
23 GOODMAN CRES.,
MAPLE, ONTARIO
L6A 1E8
Mary &Jim Davis
21 GOSLING RD.,
MAPLE, ONTARIO
L6A 1E2
Vic & Carol Flynn
11 CLEMSON CRES.,
MAPLE, ONTARIO
L6A 1C8
Joan & Al Saunders
28 GOSLING AVE.,
MAPLE, ONTARIO
L6A 1E2
Jim & Debra Robson
2 LANCER DR.,
MAPLE, ONTARIO
L6A 1E4
Rick & Ann Soderberg
53 GOODMAN CRES.,
MAPLE, ONTARIO
L6A 1E2
Rose Ivens
31 WELLER CRES.,
MAPLE, ONTARIO
L6A 1E5
L. & Sondra Principe
29 MALAREN RD.,
MAPLE, ONTARIO
L6A 1E5
Beverly A. Guttridge
9 RYDER RD.,
MAPLE, ONTARIO
L6A 1E4
Ruth Moorhead
25 LANCER DR.,
MAPLE, ONTARIO
L6A 1E1
John & Nell Jansen
10 WELLER CRES
MAPLE, ONTARIO
L6A 1E4
Brian Gardiner
33 GOODMAN CRES.,
MAPLE, ONTARIO
L6A 1E8
A. Lombardi
28 MALAREN RD.,
MAPLE, ONTARIO
L6A 1E5
Barton & Lois Lloyd
43 GOODMAN CRES.,
MAPLE, ONTARIO
L6A 1E8
Paolo Santoriello
12 MALAREN RD
MAPLE, ONTARIO
L6A 1E5
C. Hungerson
65 NETHERFORD RD.,
MAPLE, ONTARIO
L6A 1E1
Fred & Sydell Cook
12 CLEMSON CRES.,
MAPLE, ONTARIO
L6A 1C8
Gerhard Schiller
48 LANCER DRIVE
MAPLE, ONTARIO
L6A 1C9
Eva & Bill Watson
23 LANCER DR.,
MAPLE, ONTARIO
L6A 1E1
Ronald & Judith Marwood
14 WELLER CRES.,
MAPLE, ONTARIO
L6A 1E5
Howard Porter
21 GOODMAN CRES.,
MAPLE, ONTARIO
L6A 1E8
Derek & Alice Abraham
26 MALAREN RD.,
MAPLE, ONTARIO
L6A 1E5
Doreen Schanck
35 GOODMAN CRES.,
MAPLE, ONTARIO
L6A 1E8
Anna Granger
52 GOODMAN CRES.,
MAPLE, ONTARIO
L6A 1E2
Sylvia & Harold Gipps
20 LANCER DR.,
MAPLE, ONTARIO
L6A 1E1
Ernie Zampese
37 GOODMAN CRES.,
MAPLE, ONTARIO
L6A 1E8
Kay Jones
24 GOODMAN CRES.,
MAPLE, ONTARIO
L6A 1E7
Herb Fleming
31 WELLER CRES.,
MAPLE, ONTARIO
L6A 1E5
Doug Chalmers
31 MALAREN RD.,
MAPLE, ONTARIO
L6A 1E2
Alex Kerr
19 GOODMAN CRES
MAPLE, ONTARIO
L6A 1E7
Al Albin
75 NETHERFORD RD.,
MAPLE, ONTARIO
L6A 1E1
Abel & Eva Lee
6 CLEMSON CRES.,
MAPLE, ONTARIO
L6A 1C8
Henrique & Mary Amaral
16 CLEMSON CRES.,
MAPLE, ONTARIO
L6A 1C8
Edward Langman
16 LANCER DR.,
MAPLE, ONTARIO
L6A 1E4
Ron Occhionero
83 NETHERFORD RD.,
MAPLE, ONTARIO
L6A 1E1
Gord Ingram
9 MALAREN RD.,
MAPLE, ONTARIO
L6A 1E5
Glen & Mary Norcliffe
23 MALAREN RD.,
MAPLE, ONTARIO
L6A 1E5
Rosina Zampese
37 GOODMAN CRES.,
MAPLE, ONTARIO
L6A 1E8
E. & A. Gauvin
10 GOODMAN CRES.,
MAPLE, ONTARIO
L6A 1E7
Page 3 of 40
COMMITTEE OF ADJUSTMENT MINUTES APRIL 15, 2004
John & B. Nicoll
1 CLEMSON CRES.,
MAPLE, ONTARIO
L6A 1C8
Brigitta Weidenfelder
22 CLEMSON CRES.,
MAPLE, ONTARIO
L6A 1C9
James & Dorothy Craib
15 CLEMSON CRES.,
MAPLE, ONTARIO
L6A 1C8
N. Dodds
66 NETHERFORD RD.,
MAPLE, ONTARIO
L6A 1E1
Tony & Ioli Rinaldi
8 CLEMSON CRES.,
MAPLE, ONTARIO
L6A 1C8
Mildred & Mervyn Rotz
18 CLEMSON CRES.,
MAPLE, ONTARIO
L6A 1C8
Karl Kantaroff
43 LANCER DR.,
MAPLE, ONTARIO
L6A 1C9
George Sinclair
3 CLEMSON CRES.,
MAPLE, ONTARIO
L6A 1S7
Bob Gammage
10 MALAREN RD.,
MAPLE, ONTARIO
L6A 1E5
On April 8, 2004, a letter of support was received from Christopher and Lynn Nicol, 5
Naylon St., Maple, Ontario, L6A 1R8.
On April 15, 2004 a petition of support was received from the following residents:
Christopher & Lynn Nicol
5 Naylon Street
MAPLE, ONTARIO
L6A 1R8
Denis Creighton
3 Naylon Street
MAPLE, ONTARIO
L6A 1R8
Lisa Pennie
22 Jackson Street
MAPLE, ONTARIO
L6A 1R6
Achille Carinci
20 Jackson Street
MAPLE, ONTARIO
L6A 1R6
Steve Grahlman
21 Jackson Street
MAPLE, ONTARIO
L6A 1R6
M. Cavicchia
18 Jackson Street
MAPLE, ONTARIO
L6A 1R6
Tony Campea
17 Jackson Street
MAPLE, ONTARIO
L6A 1R6
Linda Hudson
19 Jackson Street
MAPLE, ONTARIO
L6A 1R6
Ralph & Angelina Tomasone
38 Church Street
MAPLE, ONTARIO
L6A 1R6
Gina & Alfonso Moscillo
40 Church Street
MAPLE, ONTARIO
L6A 1R6
Natalia Flores
5 Oldfield Street
MAPLE, ONTARIO
L6A 1R8
Romolo Fontana
17 Gram Street
MAPLE, ONTARIO
L6A 1R6
Mary Polsinelli
19 Gram Street
MAPLE, ONTARIO
L6A 1R6
Nino Betti
16 Gram Street
MAPLE, ONTARIO
L6A 1R6
Marlene Harris
18 Gram Street
MAPLE, ONTARIO
L6A 1R6
C.T. Vondercrone
23 Gram Street
MAPLE, ONTARIO
L6A 1R6
Angelina Ricciuto
22 Gram Street
MAPLE, ONTARIO
L6A 1R6
Christiane Carinci
25 Naylon Street
MAPLE, ONTARIO
L6A 1R8
Cheryl Hansler
23 Naylon Street
MAPLE, ONTARIO
L6A 1R8
Olive Ricks
12 Oldfield Street
MAPLE, ONTARIO
L6A 1R8
Giusseppe Reale
8 Oldfield Street
MAPLE, ONTARIO
L6A 1R8
Irene Kawalski
7 Oldfield Street
MAPLE, ONTARIO
L6A 1R8
Mario Mariani
2 Oldfield Street
MAPLE, ONTARIO
L6A 1R8
Antonette Nardone
3 Welton Street
MAPLE, ONTARIO
L6A 1R8
Diane Rota
12 Jackson Street
MAPLE, ONTARIO
L6A 1R6
Howard Ng
10 Jackson Street
MAPLE, ONTARIO
L6A 1R6
Pat Coccaro
18 Church Street
MAPLE, ONTARIO
L6A 1R6
Page 4 of 40
COMMITTEE OF ADJUSTMENT MINUTES APRIL 15, 2004
Lesley Rocco
20 Church Street
MAPLE, ONTARIO
L6A 1R6
Ted DeAngelis
22 Church Street
MAPLE, ONTARIO
L6A 1R6
Tony Dimperio
6 Welton Street
MAPLE, ONTARIO
L6A 1R8
Chuck McTague
8 Welton Street
MAPLE, ONTARIO
L6A 1R8
Ida D’Addese
14 Welton Street
MAPLE, ONTARIO
L6A 1R8
Gary & Heather Elson
23 Jackson Street
MAPLE, ONTARIO
L6A 1R6
Nick Natale, the applicant, appeared on his own behalf.
The following residents spoke in opposition to this application:
Gerry Steyn, 18 Lancer Dr., Maple, Ontario, L6A 1E4; Uno Schonberg, 1 Naylon St.,
Maple, Ontario, L6A 1R8; Gerhard Schiller, 48 Lancer Dr., Maple, Ontario, L6A 1C9.
Christopher Nicol, 5 Naylon St., Maple, Ontario, L6A 1R8, spoke in support.
There was no one else in attendance either in support of or in opposition to the request.
There were no objections from any Departments or Agencies.
MOVED by L. Fluxgold
Seconded by M. S. Panicali
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.
AND THAT Application No. A130/04 – NICK NATALE, be APPROVED, and in accordance
with the sketches attached, and subject to the following conditions:
1.
That the vinyl shed located in the rear yard is to be removed, if required, to the
satisfaction of the Building Standards Department;
2.
That if the condition listed above is not fulfilled within (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.
MINOR VARIANCE PUBLIC HEARING:
(PREVIOUSLY ADJOURNED FROM MARCH 4, 2004 MEETINGS.)
2.
FILE NO.: A080/04
SUSAN ANN SILVERBERG
LOCATION
Part of Lot 31, Concession 1, (Lot 19, Registered Plan No. M-3977, municipally known as
67 Thornbank Road, 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.
Page 5 of 40
COMMITTEE OF ADJUSTMENT MINUTES APRIL 15, 2004
MINOR VARIANCE PUBLIC HEARING:
Cont’d
(PREVIOUSLY ADJOURNED FROM MARCH 4, 2004 MEETINGS.)
2.
FILE NO.: A080/04
SUSAN ANN SILVERBERG
The applicant is requesting variances to permit the construction of a two storey single
family detached dwelling, with attached garage, notwithstanding, the minimum interior side
yard setback on the west side will be 1.93m., the minimum front yard setback will be
31.03m, rather than the By-law requires minimum interior side yard setback of 2.5m, and
minimum front yard setback of 37.7m.(original front yard setback 41.92m minus a
maximum of 10% = 37.7m)
Please note: Existing dwelling to be demolished.
The Committee called the above file, however, the applicant and/or agent were not present.
All parties agreed to stand this item down, to the end of the hearing to allow sufficient time
for the applicant/agent to appear.
MOVED by M. S. Panicali
Seconded by L. Fluxgold
THAT Item # 6 – SUSAN ANN SILVERBERG, be STOOD DOWN.
CARRIED.
MINOR VARIANCE PUBLIC HEARING:
(PREVIOUSLY ADJOURNED FROM MARCH 25, 2004 MEETINGS.)
3.
FILE NO: A089/04
NICOLA FERRARO, TERESA FERRARO & PINO FERRARO
LOCATION
Part of Lot 23, Concession 5, (Lot 208, Registered Plan 65M-3347. Municipally known as
106 Domingo Street, Maple).
PROPOSAL
The subject lands are zoned RV4(WS) Residential Urban Village Zone Four under By-Law
1-88 as amended.
Prior to the hearing the applicant’s agent amended the Applications, Notice of
Applications and sketches as follows:
“…the rear yard setback to the deck is 2.7m NOT 1.8m…”
THEREFORE the applicants are requesting a variance to permit the maintenance of an
existing deck and stairs located in the rear yard, notwithstanding, the rear yard setback to
the deck is 2.7m, rather than the By-law requires the rear yard setback to be 4.2m.
During the submission process, letters of support were received from the following:
John Trigioni, 201Tierra Ave., Maple, Ontario, L6A 3H5; Lookram Sankar, 110 Domingo
Street, Maple, Ontario, L6A 3H5; L & L Spina, 205 Tierra Ave., Maple, Ontario, L6A 3H5;
John Militello, 102 Domingo Street, Maple, Ontario, L6A 3H5.
Nicola & Teresa Ferraro, appeared on their own behalf and gave a brief submission
regarding the request.
Page 6 of 40
COMMITTEE OF ADJUSTMENT MINUTES APRIL 15, 2004
MINOR VARIANCE PUBLIC HEARING:
Cont’d
(PREVIOUSLY ADJOURNED FROM MARCH 25, 2004 MEETINGS.)
3.
FILE NO: A089/04
NICOLA FERRARO, TERESA FERRARO & PINO FERRARO
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.
MOVED by L. Fluxgold
Seconded by M. S. Panicali
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.
AND THAT Application No, A089/04– NICOLA FERRARO, TERESA FERRARO AND
PINO FERRARO, be APPROVED in accordance with the sketch attached.
CARRIED.
CONSENT & MINOR VARIANCE PUBLIC HEARINGS:
4
TO
7.
FILE NOS: B012/04, B013/04, A105/04, A106/04
BELLSHIRE WOODS ESTATES INC / MARUBA INVESTMENTS INC
LOCATION
B012/04, A105/04 - Part of Lot 15, Concession 4, (Parts 1 & 2, 65R-21402, municipally
known as 60 Tigi Court, Maple).
B013/04, A106/04 - Part of Lot 15, Concession 4, (Block 1, Registered Plan No. 65M-3354,
municipally known as 2601 Rutherford Road, Maple).
PROPOSAL
B012/04 - The purpose of this application is to request the consent of the Committee of
Adjustment to convey a parcel of land for the creation of an easement in favour of the
lands to the West (Maruba Investments Inc.) for the purpose of access, together with all
required easements and right-of-ways, if required, and retain the land for industrial
purposes.
B013/04 - The purpose of this application is to request the consent of the Committee of
Adjustment to convey a parcel of land for the creation of an easement in favour of the
lands to the East (Bellshire Woods Estates Inc.) for the purpose of access, together with all
required easements and right-of-ways, if required, and retain the land for industrial
purposes.
A105/04 - The applicant is requesting a variance to facilitate the subject lands (B12/04) with
respect to the creation of an easement for access purposes, notwithstanding, the
Rutherford access to be partially located on the adjacent lands, rather than the By-law
requires access to be located on the subject lands.
A106/04 - The applicant is requesting a variance to facilitate the subject lands (B13/04) with
respect to the creation of an easement for access purposes, notwithstanding, the
Rutherford access to be partially located on the adjacent lands, rather than the By-law
requires access to be located on the subject lands.
The subject lands are zoned EM1, Prestige Employment Area, under By-law 1-88 as
Page 7 of 40
COMMITTEE OF ADJUSTMENT MINUTES APRIL 15, 2004
amended, subject to Exception Number 9(1027).
CONSENT & MINOR VARIANCE PUBLIC HEARINGS:
4
TO
7.
Cont’d
FILE NOS: B012/04, B013/04, A105/04, A106/04
BELLSHIRE WOODS ESTATES INC / MARUBA INVESTMENTS INC
The subject and retained lands are currently vacant.
Other Planning Act Applications
The lands which are the subject in these applications is also the subject of applications
under the Planning Act for:
Consent Application No. B12/04 Bellshire Woods Estates Inc. (Creation of an
easement)
Minor Variance Application No. A105/04 (Bellshire Woods Estates Inc.) to allow
shared access.
Minor Variance Application No. A106/04 (Maruba Investments Limited) to allow
shared access.
Consent Application Nos. B52/98 & B53/98 (TIGI Development Group) – Approved
Jan 28/99.
Consent Application No. B35/99 (TIGI Development Group -Approved Apr. 15/99.
Tina Geraci, appeared as the agent on behalf of the applicant and gave a brief submission
regarding the request.
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 D. H. Kang
THAT Application No. B12/04– BELLSHIRE WOODS ESTATES 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/Capital Department; (contact Terri Liuni in the Reserves/Capital
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 over the
subject lands, for a Bell Canada utility cabinet;
4.
That the corresponding Minor Variance Application A105/04 – BELLSHIRE
WOODS ESTATES INC., be approved;
5.
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;
Page 8 of 40
COMMITTEE OF ADJUSTMENT MINUTES APRIL 15, 2004
CONSENT & MINOR VARIANCE PUBLIC HEARINGS:
4
TO
7.
Cont’d
FILE NOS: B012/04, B013/04, A105/04, A106/04
BELLSHIRE WOODS ESTATES INC / MARUBA INVESTMENTS INC
6.
Upon fulfilling and complying with all of the above-noted conditions, the SecretaryTreasurer of the Committee of Adjustment must be provided with a letter and a
“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 $200.00 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 $100.00, 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;
THAT Application No. B13/04– MARUBA INVESTMENTS 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/Capital Department; (contact Terri Liuni in the Reserves/Capital
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 over the
subject lands, for a Bell Canada utility cabinet;
4.
That the corresponding Minor Variance Application A106/04 – MARUBA
INVESTMENTS INC., be approved;
5.
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;
6.
Upon fulfilling and complying with all of the above-noted conditions, the SecretaryTreasurer of the Committee of Adjustment must be provided with a letter and a
“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;
Page 9 of 40
COMMITTEE OF ADJUSTMENT MINUTES APRIL 15, 2004
CONSENT & MINOR VARIANCE PUBLIC HEARINGS:
4
TO
7.
Cont’d
FILE NOS: B012/04, B013/04, A105/04, A106/04
BELLSHIRE WOODS ESTATES INC / MARUBA INVESTMENTS INC
7.
A fee of $200.00 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 $100.00, 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 M. S. Panicali
Seconded by D. H. Kang
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.
AND THAT Application No. A105/04– BELLSHIRE WOODS ESTATES INC., be
APPROVED, in accordance with the attached sketches, and subject to the following
conditions;
1.
That the corresponding Consent Application File No. B12/04 – BELLSHIRE
WOODS ESTATES INC., be approved.
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.)
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.
AND THAT Application No. A106/04– MARUBA INVESTMENTS INC., be APPROVED, in
accordance with the attached sketches, and subject to the following conditions;
1.
That the corresponding Consent Application File No. B13/04 – MARUBA
INVESTMENTS INC., be approved.
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.
CONSENT PUBLIC HEARINGS:
Page 10 of 40
COMMITTEE OF ADJUSTMENT MINUTES APRIL 15, 2004
8.
FILE NO: B015/04
3164080 CANADA INC. (C/O James Chan)
LOCATION
Part of Lots 13 & 14, Concession 4, (Municipally known as 8888 Keele Street, Maple).
PROPOSAL
The purpose of this application is to request the consent of the Committee of Adjustment to
convey a parcel of land for the creation of a new lot for industrial/commercial purposes,
together with all required easements and right-of-ways, if required, and retain the land for
industrial/commercial purposes.
Currently, both the subject and retained lands are vacant.
The subject lands are zoned EM1, Prestige Employment Area under By-law 1-88.
PLEASE NOTE: Other Planning Act Applications
The land which is the subject in these applications are the subject on applications under the
Planning Act for:
Consent Application
B33/99
Approved – Apr. 15/99 (Lapsed)
Consent Application
B81/98 Approved – Jul. 23/98 (Deeds stamped
Jul/99)
Zoning By-law Amendment
By-law 126-99
Helen Ho, appeared as the agent on behalf of the applicant and gave a brief submission
regarding the request.
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. B015/04 – 3164080 CANADA INC. (Attention of James Chan), 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 Finance 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.
That 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. 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;
CONSENT PUBLIC HEARINGS:
Cont’d
Page 11 of 40
COMMITTEE OF ADJUSTMENT MINUTES APRIL 15, 2004
8.
FILE NO: B015/04
3164080 CANADA INC. (C/O James Chan)
4.
That a Review of Consents /Severances: $500.00 for the first lot and $100.00 for
each lot thereafter, be obtained, if required, to the satisfaction of the Regional
Municipality of York;
5.
The fees apply to sites that directly abut/and or have an impact on Regional
roads. Fees for consent applications are requested as a condition of approval.
Fees must be paid in the form of a CERTIFIED CHEQUE payable to The
Regional Municipality of York and forwarded to the attention of Vick Bilkhu. All
fees must be submitted with a brief covering letter stating the site to which they
apply and the applicable Regional file number. The total fee for the review of
this application is $500.00 if required, to the satisfaction of the Regional
Municipality of York;
6.
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.
Upon fulfilling and complying with all of the above-noted conditions, the SecretaryTreasurer of the Committee of Adjustment must be provided with a letter and a
“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 $200.00 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 $100.00, 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;
IMPORTANT:
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
fulfil and comply with all of the (above-noted) conditions of Consent. Failing to comply with this
requirement will result in the application to be deemed to be refused.
ALL CONDITIONS MUST BE FULFILLED.
Please contact each Agency and/or Department listed above whether "if required" appears in
the condition or not.
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.
CONSENT PUBLIC HEARINGS:
Cont’d
Page 12 of 40
COMMITTEE OF ADJUSTMENT MINUTES APRIL 15, 2004
8.
FILE NO: B015/04
3164080 CANADA INC. (C/O James Chan)
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.
MINOR VARIANCE PUBLIC HEARING:
9.
FILE NO: A097/04
JACOBUS & CARMEN VAN DER NEST, & ALBINO & ROSINA CASTI
LOCATION
Part of Lot 7, Concession 8, (Part Lot 47 Plan M1516, municipally known as 7915 Martin
Grove Road, Woodbridge).
PROPOSAL
The subject lands are zoned R4, Residential Zone Under By-law 1-88 as amended, and
further subject to Exception 9(99).
The applicants are requesting variances to permit the continued construction of a
carport for boat storage in the rear yard of an existing semi detached dwelling,
notwithstanding, the rear yard setback is 4 metres, the exterior side yard setback is 1.5
metres, and the increase in storage trailer length is 6.4 metres, rather than the By-law
requires the rear yard setback to be 7.5 metres, the exterior side yard setback to be 4.5
metres, and that the overall length of the storage trailer shall not exceed 6.0 metres.
Letters of opposition were received from the following residents;
Russo family, 590 Woodbridge Ave., Woodbridge, Ontario, L4L 2T7; Luigi Cecala, 604
Woodbridge, Ave., Woodbridge, Ontario, L4L 2T7; Antonio Reda, 608 Woodbridge, Ave.,
Woodbridge, Ontario, L4L 2T7; Jiazin Wu, 600 Woodbridge, Ave., Woodbridge, Ontario,
L4L 2T7; Fidalma Decicco, 7935 Martingrove Rd., Woodbridge, Ontario. L4L 2E3.
The Community Planning Department made the following written comments;
The Community Planning Department does not support this application. It is their opinion
that the proposed structure (size and height) is not appropriate to be visible from the corner
of Martingrove Road and Woodbridge Avenue.
The Engineering Department made the following written comments;
They cannot support this application, as there is no direct driveway access to the proposed
carport. The City is also concerned with potential for damage (curb, sidewalk, and sodded
area) to the boulevard area and the traffic impact when loading/unloading boats.
The Committee called the above file, however, the applicants were not present.
All parties agreed to stand this item down, to the end of the hearing to allow sufficient time
for the applicant/agent to appear.
Page 13 of 40
COMMITTEE OF ADJUSTMENT MINUTES APRIL 15, 2004
MINOR VARIANCE PUBLIC HEARING:
9.
Cont’d
FILE NO: A097/04
JACOBUS & CARMEN VAN DER NEST, & ALBINO & ROSINA CASTI
MOVED by L. Fluxgold
Seconded by M. S. Panicali
THAT Item # 13 – JACOBUS & CARMEN VAN DER NEST, & ALBINO & ROSINA
CASTI, be STOOD DOWN.
CARRIED.
MINOR VARIANCE PUBLIC HEARING:
10.
FILE NO: A098/04
HARI SINGH
LOCATION
Part of Lot 19, Concession 6, (Lot 74, Registered Plan 65M-3460. Municipally known as 7
Sheshi Drive, Woodbridge).
PROPOSAL
The subject lands are zoned RV4 Residential Urban Village Zone Four subject to the
provisions of Exception Number 9 (1047) under By-Law 1-88 as amended.
The applicant is requesting a variance to permit the maintenance of an existing side
entrance to an existing two-storey single family detached dwelling with the garage attached,
notwithstanding, the minimum side yard setback to the steps is 0.473m, rather than the Bylaw requires the minimum side yard setback to the step to be 1.2m.
The applicant/agent appeared and gave a brief submission regarding the request.
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
MOVED by M. S. Panicali
Seconded by L. Fluxgold
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.
AND THAT Application No, A098/04– HARI SINGH, be APPROVED in accordance with
the sketch attached
CARRIED.
Page 14 of 40
COMMITTEE OF ADJUSTMENT MINUTES APRIL 15, 2004
MINOR VARIANCE PUBLIC HEARING:
11.
FILE NO: A100/04
ALBRIGHT DEVELOPMENTS INC
LOCATION
Lot 15, Concession 6, (Lot 33, Registered Plan 65M-3688 , municipally known as 67 Lipa
Drive, Woodbridge).
PROPOSAL
The subject lands are zoned R1 (Residential) under By-Law 1-88 as amended.
The applicant is requesting a variance to permit the construction of a proposed two-storey
single family detached dwelling, with an attached garage, notwithstanding the minimum
exterior side yard setback will be 3.9mrather than the By-law requires a minimum exterior
side yard setback to be 4.5m.
Joe Iaboni, appeared as the designated agent on behalf of the applicant and gave a brief
submission regarding the request.
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.
MOVED by M. S. Panicali
Seconded by D. H. Kang
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.
AND THAT Application No, A100/04– ALBRIGHT DEVELOPMENTS INC., be
APPROVED in accordance with the sketch attached
CARRIED.
12.
FILE NO: A101/04
CITY OF VAUGHAN – DEPARTMENT OF PARKS C/O PAUL GARDNER
LOCATION
Part of Lot 21, Concession 3, (Block 123, Registered Plan No. 65M-3113, municipally
known as 40 Prestonwood Court, Maple.)
PROPOSAL
The subject lands are zoned ‘OS2, Open Space Park Zone under By-Law 1-88 as
amended and further subject to Exception 9(913).
The applicant is requesting a variance to permit the maintenance of a shade gazebo
structure at a municipal park, notwithstanding, the minimum setback from the existing
structure to the lot line abutting Prestonwood Court is 1.8m, rather than the By-law requires
minimum setback of 15.0m from the lot line abutting Prestonwood Court.
Mark Schollen, appeared as the designated agent on behalf of the applicant.
There was no one in attendance either in support of or in opposition to the request.
Page 15 of 40
COMMITTEE OF ADJUSTMENT MINUTES APRIL 15, 2004
MINOR VARIANCE PUBLIC HEARING:
12.
Cont’d
FILE NO: A101/04
CITY OF VAUGHAN – DEPARTMENT OF PARKS C/O PAUL GARDNER
There were no objections from any Departments or Agencies.
MOVED by M. S. Panicali
Seconded by D. H. Kang
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.
AND THAT Application No: A101/04 – CITY OF VAUGHAN – DEPARTMENT OF PARKS
C/O PAUL GARDNER, be: APPROVED, in accordance with the sketches attached.
CARRIED.
13.
FILE NO: A102/04
EMILIO MONGILLO & ASSUNTA COLOSIMO
LOCATION
Part of Lot 24, Concession 4, (Lot 393, Registered Plan No. 65M-3338, municipally known
as 96 Logwood Drive, Maple).
PROPOSAL
The subject lands are zoned RV3, Residential Urban Village Zone Three, under By-law 188 as amended, and further subject to Exception 9(1002).
The applicants are requesting variances to permit the maintenance of a garden/storage
shed notwithstanding, the shed is located in the side yard, and the interior side yard
setback to the shed is 0.6 metres, rather than the By-law requires the shed shall be
located in the rear yard and the minimum interior side yard setback to be 1.2 metres
On April 14, 2004, a lengthy letter of opposition accompanied with photographs was
submitted by Emanuel Da Luz, 37 Cloverhill Crt., Maple, Ontario, L6A 3C9. Many concerns
were raised in this letter, one being that the applicant has a second shed that was not
identified on his sketch.
As the applicant was made aware of this correspondence, on April 15, 2004 submitted
photographs showing that the shed not in question has just been removed.
Mariano Bocchicchio, appeared as the designated agent on behalf of the applicant and
gave a brief submission regarding the request.
He presented the Committee with a site plan and a petition of support from the following,
who are also entitled to the Notice of Decision.
Tony Colucci
11 Cloverhill Court
Maple, Ontario
L6A 3C9
Paul & Mena Magnatta
33 Cloverhill Crt.
Maple, Ontario
L6A 3C9
Rocky Lombardi
92 Logwood Drive
Maple, Ontario
L6A 3C9
Page 16 of 40
COMMITTEE OF ADJUSTMENT MINUTES APRIL 15, 2004
Giacomo Parisi
76 Logwood Drive
Maple, Ontario
L6A 3C9
Christopher Matthews
72 Logwood Drive
Maple, Ontario
L6A 3C9
Louis Pilli
68 Logwood Drive
Maple, Ontario
L6A 3C8
Jose Pessoa
66 Logwood Drive
Maple, Ontario
L6A 3C8
Sandro Colangelo
44 Logwood Drive
Maple, Ontario
L6A 3C8
Prakash Mistry
38 Logwood Drive
Maple, Ontario
L6A 3C8
Vince Cirillo
1 Cloverhill Crt
Maple, Ontario
L6A 3C8
Frank Fellin
7 Cloverhill Crt
Maple, Ontario
L6A 3C9
Gina Nicastro
91 Logwood Drive
Maple, Ontario
L6A 3C9
Norm Hawton
85 Logwood Drive
Maple, Ontario
L6A 3C9
Saverio Bozzo
72 Cloverhill Crt
Maple, Ontario
L6A 3C9
Maurizio Margarit
51 Cloverhill Crt
Maple, Ontario
L6A 3C9
Pat Raso
57 Cloverhill Crt
Maple, Ontario
L6A 3C9
Dr. Naxakis
61 Cloverhill Crt
Maple, Ontario
L6A 3C9
Raj Bhangal
60 Cloverhill Crt
Maple, Ontario
L6A 3C9
Raj Bhangal
60 Cloverhill Crt
Maple, Ontario
L6A 3C9
Frank Donofrio
68 Cloverhill Crt
Maple, Ontario
L6A 3C9
Lorna & Antonius Van Bergen
64 Cloverhill Crt
Maple, Ontario
L6A 3C9
Camillo Zannelle
56 Cloverhill Crt
Maple, Ontario
L6A 3C9
Umberto Carnovale
52 Cloverhill Crt
Maple, Ontario
L6A 3C9
Cotrona Vittorio
48 Cloverhill Crt
Maple, Ontario
L6A 3C9
Vito Del Re
40 Cloverhill Crt
Maple, Ontario
L6A 3C9
Prakash Mistry
6 Cloverhill Crt
Maple, Ontario
L6A 3C9
Arsenio Volpone
26 Cloverhill Crt
Maple, Ontario
L6A 3C9
Angela & Robert Drascic-Gaudio
22 Cloverhill Crt
Maple, Ontario
L6A 3C9
Fabian Bianchi
20 Cloverhill Crt
Maple, Ontario
L6A 3C9
Pina & Mike D’Astolfo
16 Cloverhill Crt
Maple, Ontario
L6A 3C9
Greg Papanikolaou
2 Cloverhill Crt
Maple, Ontario
L6A 3C8
Dan & Jennifer Lahnsteiner
36 Cloverhill Crt
Maple, Ontario
L6A 3C9
Vito Cortese
10 Cloverhill Crt
Maple, Ontario
L6A 3C9
Occupant
81 Logwood Drive
Maple, Ontario
L6A 3C9
Dong Park
20 Cloverhill Crt
Maple, Ontario
L6A 3C9
Tony Ferraro
47 Cloverhill Crt
Maple, Ontario
L6A 3C9
Danny & Renee Chinapa
65 Cloverhill Crt
Maple, Ontario
L6A 3C9
Massimo Antonacci
29 Cloverhill Crt
Maple, Ontario
L6A 3C9
Emanuel Da Luz, appeared in opposition and read from the prepared letter he had
Page 17 of 40
COMMITTEE OF ADJUSTMENT MINUTES APRIL 15, 2004
submitted earlier.
The following residents appeared on the support petition above and also took the podium
expressing their support.
MINOR VARIANCE PUBLIC HEARING:
13.
Cont’d
FILE NO: A102/04
EMILIO MONGILLO & ASSUNTA COLOSIMO
Paul Magnatta; Norm Hawton; Prakash Mistry; Angela Antonnaci.
There was no one else in attendance either in support of or in opposition to the request.
There were no objections from any Departments or Agencies.
MOVED by L. Fluxgold
Seconded by M. S. Panicali
THAT 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.
AND THAT Application No. A102/04 – EMILIO MONGILLO & ASSUNTA COLOSIMO, be
APPROVED, and in accordance with the sketches attached.
CARRIED.
At this time the Committee called File # A097/04 – JACOBUS & CARMEN VAN DER NEST, &
ALBINO & ROSINA CASTI, which was STOOD DOWN earlier.
9.
FILE NO.: A097/04
(SEE PAGE # 13)
JACOBUS & CARMEN VAN DER NEST, & ALBINO & ROSINA CASTI
The Committee called this file, however, none of the applicants were present.
The Committee agreed that this item be ADJOURNED “SINE DIE.”
There was no one in attendance either in support of or in opposition to the request.
There were no other comments/objections from any Departments or Agencies.
MOVED by M. S. Panicali
Seconded by L. Fluxgold
THAT 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.
AND THAT Application No. A97/04 – JACOBUS & CARMEN VAN DER NEST, & ALBINO
& ROSINA CASTI, be REFUSED, in accordance with the sketches attached.
CARRIED.
14.
FILE NO: A103/04
MARIO & MARGARET LE COCHE
Page 18 of 40
COMMITTEE OF ADJUSTMENT MINUTES APRIL 15, 2004
LOCATION
Part of Lot 5, Concession 7, (Lot 8, Plan No. 4008, municipally known as 61 Hawman
Avenue, Woodbridge).
MINOR VARIANCE PUBLIC HEARING:
14.
Cont’d
FILE NO: A103/04
MARIO & MARGARET LE COCHE
PROPOSAL
The subject lands are zoned R2, Residential, under By-law 1-88 as amended.
The applicants are requesting a variance to permit the construction of a detached garage
in the rear yard of an existing one storey single family detached dwelling, notwithstanding,
the interior side yard setback will be 0.61 metres, rather than the By-law requires the
minimum interior side yard setback to be 1.2 metres.
The following is a signed petition of support:
GORDON SLACK
54 HAWMAN AVENUE
WOODBRIDGE, ONTARIO
L4L 1S2
VINCE BRESSI
66 HAWMAN AVENUE
WOODBRIDGE, ONTARIO
L4L 9C4
MICHELLE D’ANGELO
26 GRACEVIEW COURT
WOODBRIDGE, ONTARIO
L4C 9C4
SUSIE TANEL
22 GRACEVIEW COURT
WOODBRIDGE, ONTARIO
L4L 9C4
ANGELO LEVA
21 HAWMAN AVENUE
WOODBRIDGE, ONTARIO
L4L 1S3
VIENNINA PETROCCO
77 HAWMAN AVENUE
WOODBRIDGE, ONTARIO
L4L 1S3
JACK COOPER
55 HAWMAN AVENUE
WOODBRIDGE, ONTARIO
L4L 1S3
POMPEO LAMANNA
65 HAWMAN AVENUE
WOODBRIDGE, ONTARIO
L4L 1S3
Mario Le Coche, the applicant appeared and gave a brief submission regarding the
request.
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.
MOVED by M. S. Panicali
Seconded by L. Fluxgold
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.
AND THAT Application No. A103/04 – MARIO & MARGARET LE COCHE be
APPROVED, and in accordance with the sketches attached.
CARRIED.
15.
FILE NO: A104/04
LIMO HOME LTD
LOCATION
Page 19 of 40
COMMITTEE OF ADJUSTMENT MINUTES APRIL 15, 2004
Part of Lot 34, Concession 1, (Lot 24, Registered Plan 65M-3195. Municipally known as
221 Flamingo Road, Thornhill).
Page 20 of 40
COMMITTEE OF ADJUSTMENT MINUTES APRIL 15, 2004
MINOR VARIANCE PUBLIC HEARING:
15.
Cont’d
FILE NO: A104/04
LIMO HOME LTD
PROPOSAL
The subject lands are zoned R1, Residential and subject to the provisions of Exception
Number 9(972) under By-Law 1-88 as amended.
The applicant is requesting a variance to permit the construction of a proposed two-storey
single family detached dwelling, with an attached garage, notwithstanding the maximum lot
coverage will be 37.34%, rather than the By-law requires a maximum lot coverage of
35.00%.
The applicant/agent were not present, however, telephone correspondence indicates that
the agent intended to withdraw this application. To this date we have not heard from the
applicant/agent.
All parties agreed to adjourn this item “Sine Die”
MOVED by L. Fluxgold
Seconded by M. S. Panicali
THAT Application No, A104/04– LIMO HOME LTD.,be ADJOURNED “Sine Die”
CARRIED.
16.
FILE NO: A107/04
MICHAEL LEVINE
LOCATION
Part of Lot 7, Concession 2, (Lot 125, Registered Plan 65M-2698. Municipally known as 4
Redford Place, Thornhill).
PROPOSAL
The subject lands are zoned R3, Residential and subject to the provisions of Exception
Number 9(630) under By-Law 1-88 as amended.
The applicant is requesting variances to permit the construction of a proposed in-ground
pool, notwithstanding the minimum exterior side yard setback to the pool will be 1.5m,
rather than the By-law requires the minimum exterior side yard setback to be 4.5m. Also
the minimum interior side yard setback to the pool equipment and air conditioning unit will
be 0.33m rather than 1.2m
A letter of support dated March 4, 2004 was received from Mrs. Renee Lecker, 10 Redford
Place, Thornhill, Ontario, L4J 7S8.
Michael Levine, the applicant, appeared and gave a brief submission regarding the request.
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.
MOVED by L. Fluxgold
Seconded by M. S. Panicali
Page 21 of 40
COMMITTEE OF ADJUSTMENT MINUTES APRIL 15, 2004
MINOR VARIANCE PUBLIC HEARING:
16.
Cont’d
FILE NO: A107/04
MICHAEL LEVINE
THAT 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.
AND THAT Application No, A107/04– MICHAEL LEVINE, be APPROVED in accordance
with the sketch attached
CARRIED.
17.
FILE NO: A108/04
GIUSEPPE & TINA DI MARCANTONIO
LOCATION
Part of Lot 20, Concession 4, (Lot 17, Registered Plan No. 65M-2922, municipally known
as 128 Lockheed Ave., Maple.)
PROPOSAL
The subject lands are zoned R2, Residential Zone under By-Law 1-88 as amended and
further subject to Exception 9(659).
The applicants are requesting a variance to permit the construction of a permanent awning
(patio cover) to a two storey single family detached dwelling, with attached garage,
notwithstanding, the minimum rear yard setback will be 8.09m.,rather than the By-law
requires minimum rear yard setback of 9.0m.
At the time of submission a petition of support was received from the following residents:
ELEUTERIO FRAIOLI
132 LOCKHEED AVE.,
MAPLE, ONTARIO
L6A 1X5
DINO FAVOT
122 LOCKHEED AVE.,
MAPLE, ONTARIO
L6A 1X5
LENNY CIUMMELLI
118 LOCKHEED AVE.,
MAPLE, ONTARIO
L6A 1X5
G. CORTESE
107 HUDSON DR.,
MAPLE, ONTARIO
L6A 1X4
R. MAMONE
111 HUDSON DR.,
MAPLE, ONTARIO
L6A 1X4
MARIA T. TERSIGNI
101 HUDSON DR.,
MAPLE, ONTARIO
L6A 1X4
EMIDIO RATTENNI
138 LOCKHEED AVE.,
MAPLE, ONTARIO
L6A 1X5
Giuseppe Di Marcantonio the applicant, appeared and gave a brief submission regarding
the request.
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.
MOVED by M. S. Panicali
Seconded by L. Fluxgold
Page 22 of 40
COMMITTEE OF ADJUSTMENT MINUTES APRIL 15, 2004
MINOR VARIANCE PUBLIC HEARING:
17.
Cont’d
FILE NO: A108/04
GIUSEPPE & TINA DI MARCANTONIO
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.
AND THAT Application No: A108/04 – GIUSEPPE & TINA DI MARCANTONIO, be:
APPROVED, in accordance with the sketches attached.
CARRIED.
18.
FILE NO: A109/04
DARYL & AGNES CONEY
LOCATION
Part of Lot 11, Concession 2, (Lot 55, Registered Plan No. 65M-3523, municipally known
as 246 Thornhill Woods 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 applicants are requesting variances to permit the construction of an in ground pool and
cabana in the rear yard of an existing two storey single family detached dwelling,
notwithstanding, the minimum rear yard setback to the pool will be 1.5 metres, and the
minimum rear yard setback to the cabana will be 0.6 metres, rather than the By-law
requires the minimum rear yard setback to the pool and the cabana shall be 10.0 metres.
On April 14, 2004, letters of support were received from the following residents:
Karen & Ed Malabre, 242 Thornhill Woods Drive, Thornhill, Ontario, L4J 8V5; Mihai &
Veronica Barbuceanu, 250 Thornhill Woods Drive, Thornhill, Ontario L4J 8V5.
Howard Christie, appeared as the designated agent on behalf of the applicants and gave a
brief submission regarding the request.
He indicated to the Committee that favourable comments have been received from The
Toronto Region Conservation Authority.
Mohamed Ali, 264 Thornhill Woods Drive, Thornhill, Ontario, L4J 8V6, took the podium and
indicated that he as well as other homeoweners purchased these lots in anticipation of
constructing pools.
The Committee indicated to all the applicants for the pools on Thornhill Woods Drive, that
they would like to have them adjourned in order for the applicants to review their files with
the appropriate Departments and Agencies.
The Committee agreed to adjourn this item to the April 29, 2004 meeting, to give the
applicants/agent time to discuss issues with the Planning and Building Departments.
There was no one else in attendance either in support of or in opposition to the request.
Page 23 of 40
COMMITTEE OF ADJUSTMENT MINUTES APRIL 15, 2004
MINOR VARIANCE PUBLIC HEARING:
18.
Cont’d
FILE NO: A109/04
DARYL & AGNES CONEY
The Community Planning Department made the following written comments:
The subject lands are designated “Low Density Residential” by OPA No.210.
The applicant has submitted a variance application to permit the construction of a pool and
cabana in the rear yard. Exception Number 9(1063) requires a minimum 10 metre setback
from the OS4 Open Space Woodlot Zone for all buildings, structures, and pools. This
setback is required to protect the woodlot from encroachment of building, structures and
pools and reduce the impact of these structures on the woodlot.
The Community Planning Department does not support this application.. It is this
department’s opinion that the proposed variance does not meet the intent of the By-law.
There were no other comments/objections from any Departments or Agencies.
MOVED by M. S. Panicali
Seconded by D. H. Kang
THAT Application No. A109/04 – DARYL & AGNES CONEY, be: ADJOURNED TO THE
APRIL 29, 2004 MEETING.
CARRIED.
It should be noted the T. DeCicco left the Council Chambers due to a conflict of interest declared
at the start of the meeting.
It should be noted that L. Fluxgold was acting chair for the following item.
19.
FILE NO: A110/04
VINCENT STABILE & LORETTA MASCHERIN
LOCATION
Part of Lots 12 & 13, Concession 7, (Lot 90, Plan No. M-2023, municipally known as 90
Rossmull Crescent, Woodbridge).
PROPOSAL
The subject lands are zoned R1, Residential, under By-law 1-88 as amended, and
further subject to Exception 9(263).
The applicants are requesting variances to permit the maintenance two accessory
structures (storage sheds for tools and garden equipment) attached, Shed “A” in the
south side yard and “Shed B” in the north side yard of a two storey single family
dwelling, notwithstanding, the nature of the proposed variances, the proposed changes
to the existing By-law & the current By-law requirements are as follows:
Page 24 of 40
COMMITTEE OF ADJUSTMENT MINUTES APRIL 15, 2004
MINOR VARIANCE PUBLIC HEARING:
19.
Cont’d
FILE NO: A110/04
VINCENT STABILE & LORETTA MASCHERIN
PROPOSED
To recognize a second existing accessory
building or structure (Shed ‘B’) on the subject
property
To allow for one (1) accessory building or
structure in the south side yard (Shed ‘A’) and
one (1) accessory building or structure in the
north side yard (Shed ‘B’) of the subject
property
To increase the height of the existing accessory
building or structure (Shed ‘A’) to 4.57m
BY-LAW REQUIREMENT
The By-law recognizes only one (1)
accessory building or structure per lot.
Any accessory building or structure
shall be located in the rear yard only
The maximum height of an accessory
building or structure shall be 4.5m from
the average finished ground level to the
highest point of the said building or
structure
To increase the height of the nearest part of the The nearest part of the roof of the
roof for an existing accessory building or accessory building or structure shall not
structure (Shed ‘A’ only) above finished grade be more than 3m above finished grade
to 3.96m
Vincent Stabile, the applicant, appeared and gave a brief submission regarding the request.
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.
MOVED by M. S. Panicali
Seconded by M. D. H. Kang
THAT 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.
AND THAT Application No. A110/04 – VINCENT STABILE & LORETTA MASCHERIN, be
APPROVED, and in accordance with the sketches attached.
CARRIED.
It should be noted that T. DeCicco returned to the Council Chambers and took over as ViceChair, and that L. Fluxgold left the Council Chambers due to a conflict of interest declared at
the start of the meeting.
20.
FILE NO: A111/04
1141318 & 1141896 ONTARIO LTD., / SAMRIN ENTERPRISES INC
LOCATION
Part of Lot 26, Concession 1, (Part Lot 45, Plan No. M-3205, municipally known as 7117
Bathurst Street, Thornhill.)
PROPOSAL
The subject lands are zoned C1, Restricted Commercial and subject to the provisions
of Exception Number 9(883) under by-Law 1-88 as amended.
MINOR VARIANCE PUBLIC HEARING:
Cont’d
Page 25 of 40
COMMITTEE OF ADJUSTMENT MINUTES APRIL 15, 2004
20.
FILE NO: A111/04
1141318 & 1141896 ONTARIO LTD., / SAMRIN ENTERPRISES INC
The applicants are requesting a variance to permit the use of a portion of the basement
(93m2) of an existing two storey commercial building to be used for a dentist office, and to
permit the use of a portion of the basement (85m2) of an existing two storey commercial
building to be used for a business or professional office, rather than the By-law requires the
basement to be used for utility and storage space only. A sketch is attached illustrating the
request.
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:
Permission Application No. A14/97
Permission Application No. A96/98
Permission Application No. A269/98
Permission Application No. A348/98
APPROVED – February 20, 1997 –
basement floor to be used for a
karate school.
APPROVED – April 23, 1998 –
basement floor to be used for medical
laboratory and stomach treatment
centre/clinic.
REFUSED – September 17, 1998 –
basement floor to be used for
cardiology testing clinic (previously
used as a karate school)
APPROVED – November 12, 1998 –
basement floor to be used for a
cardiology testing clinic, for a 2 year
term only..(previously used as a
karate school)
On April 12, 2004, Murray Evans submitted a parking study conducted by his company.
Maurice Levy, 91 Arnold Ave., Thornhill, Ontario, L4J 1B6 and Mr. Samuel Toby, 7121
Bathurst Street, Thornhill, Ontario, L4J 2J7 spoke in support of this application.
Murray Evans from Evans Planning, appeared as the designated agent on behalf of the
applicants and gave a brief submission regarding the request.
There was no one else in attendance either in support of or in opposition to the request.
The Community Planning Department made the following comments:
The subject lands are designated “General Commercial” by OPA No.210, as amended by
OPA No.441.
The applicant is requesting that a portion of the basement of an existing commercial
building be used for a dentist office and a business or professional office. The By-law
states that the basement shall be used for utility and storage space only. The by-law
excludes any use from the basement of the building except for utility and storage space.
The Community Planning Department does not support the application. It is this
department’s opinion that the proposal should be considered by way of an application to
amend the Zoning By-law.
There were no other comments/objections from any Departments or Agencies.
MOVED by M. S. Panicali
Seconded by D. H. Kang
THAT 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.
MINOR VARIANCE PUBLIC HEARING:
Cont’d
Page 26 of 40
COMMITTEE OF ADJUSTMENT MINUTES APRIL 15, 2004
20.
FILE NO: A111/04
1141318 & 1141896 ONTARIO LTD., / SAMRIN ENTERPRISES INC
AND THAT Application No: A111/04 – 1141318 & 1141896 ONTARIO LTD., / SAMRIN
ENTERPRISES INC., be: APPROVED, in accordance with the sketches attached.
CARRIED.
It should be noted that L. Fluxgold returned to the Council Chambers and took part in the rest
of the meeting.
21.
FILE NO: A112/04
MICHAEL MANNING.(previous owners TERRY & IRENE KRIARAKIS)
LOCATION
Part of Lot 8, Concession 8, (Lot 179, Registered Plan No. 65M-2185, municipally known
as 86 Bellona Street, Woodbridge.)
PROPOSAL
The subject lands are zoned R4, Residential, under By-Law 1-88, as amended, and
further subject to Exception 9(328).
The applicant is requesting variances to permit the maintenance of a two storey single
family detached dwelling, with attached garage, notwithstanding the interior side yard
setback is 1.13m, the front yard setback is 7.33m, rather than the By-law requires minimum
interior side yard setback of 1.2m., minimum front yard setback of 7.5m.
Jack Furman, appeared as the designated agent on behalf of the applicant and gave a brief
submission regarding the request.
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.
MOVED by M. S. Panicali
Seconded by D. H. Kang
THAT 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.
AND THAT Application No: A112/04 – MICHAEL MANNING.(previous owners TERRY &
IRENE KRIARAKIS) be: APPROVED, in accordance with the sketches attached.
CARRIED.
22.
FILE NO: A113/04
MR. JAS MAHAL
LOCATION
Part of Lot 2, Concession 2, (Lot 22, Registered Plan No. 65M-2299, municipally known as
179 Charlton Ave., Thornhill.)
Page 27 of 40
COMMITTEE OF ADJUSTMENT MINUTES APRIL 15, 2004
MINOR VARIANCE PUBLIC HEARING:
22.
Cont’d
FILE NO: A113/04
MR. JAS MAHAL
PROPOSAL
The subject lands are zoned R4, Residential, and subject to the provisions of Exception
Number 9(491) under By-Law 1-88 as amended.
The applicant is requesting a variance to permit the construction of an enclosed and
covered glass/aluminum solarium addition to the rear of a two storey single family detached
dwelling, with attached garage, notwithstanding the minimum rear yard setback to the
addition will be 4.56m, rather than the By-law requires minimum rear yard setback to the
addition of 7.5m.
The Committee called this item, however, the applicant/agent were not present.
The Committee agreed to hear this item in the absence of the applicant/agent.
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.
MOVED by L. Fluxgold
Seconded by M. S. Panicali
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.
AND THAT Application No: A113/04 – MR. JAS MAHAL be: APPROVED, in accordance
with the sketches attached.
1.
The applicant successfully obtain an Ontario Regulation 158 permit from the TRCA
for the proposed development, prior to the issuance of a municipal building permit, if
required, to the satisfaction of the TRCA;
2.
That if the condition(s) listed above is/are not fulfilled and the Building Permit is not
applied for within twelve (12) months of the date this decision becomes final and
binding, the said decision shall expire and shall be deemed to have been annulled
and rescinded by the Committee.(PLEASE NOTE THAT THIS TIME PERIOD
CANNOT BE EXTENDED IN ANY WAY, FAILURE TO MEET THIS DEADLINE
WILL RESULT IN REQUIRING A NEW APPLICATION AND FEE.)
CARRIED.
23.
FILE NO: A114/04
NORWOOD PLAZA INC.
LOCATION
Part of Lot 19, Concession 4, (Part 4, 45 & 46, Reference Plan 65R-23839, address
assigned as 9681 Jane Street Maple.)
PROPOSAL
The subject lands are zoned C2, General Commercial, under By-Law 1-88 as
amended, subject to Exception 9(1095)
Page 28 of 40
COMMITTEE OF ADJUSTMENT MINUTES APRIL 15, 2004
MINOR VARIANCE PUBLIC HEARING:
23.
Cont’d
FILE NO: A114/04
NORWOOD PLAZA INC
The applicant is requesting a variance to permit the construction of a serving patio on the
north side of a free standing restaurant identified as building “D”, notwithstanding the patio
area will be excluded from the parking requirement calculation, rather than the By-law
requires the patio area to be included in the parking requirement calculation. A sketch is
attached illustrating the request.
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 & Minor Variance Application File Nos. B1/03, A1/03
APPROVED January 9, 2003 right-of-way/mutual
driveway to the north.
A1/03 to facilitate the consent listing
numerous variances.
Consent Application File B2/03
APPROVED – January 9, 2003 right-ofway/mutual driveway to the south.
Renzo Belluz, appeared as the designated agent on behalf of the applicant and gave a brief
submission regarding the request.
Mr. Levant Tinaz, president of Maple Landing Ratepayers Association, 27 Broomlands
Drive, Maple, Ontario, L6A 2K2, submitted a lengthy letter accompanied with photographs.
He took the podium and read from his letter, making reference that there is an active file in
front of the Ontario Municipal Board for an area abutting this application, making this file
premature.
The Committee agreed to adjourn this file to the April 29, 2004, in order to hear this and
File No. A152/04 scheduled for April 29, 2004 at the same time.
There was no one in attendance either in support of or in opposition to the request.
The Community Planning Department made the following written comments:
The subject lands are designated “General Commercial” by OPA No.350, as amended by
OPA No 513.
The applicant has submitted a variance application to permit the construction of an outdoor
patio serving a free standing eating establishment. The applicant is requesting that the
patio area not be included in the parking requirement calculation. The By-law requires that
the patio area be included in the parking requirement calculation. The patio use is
permitted by the By-law.
Norwood Plaza Inc. has requested the Building Standards Department for an interpretation
of By-law 1-88 in relation to uses and the amount (percentage) of eating establishment,
which could be permitted on the site. Building Standard Department is reviewing this issue
to formula their response. The response may effect how the parking requirement and the
number of spaces are calculated for this development. The outcome of this interpretation
could affect the Community Planning Department assessment and opinion of this proposed
variance request. Further to this issue, the Community Planning Department has been
informed that the applicant has submitted Variance Application A152/04 requesting to
permit 23.83% of the shopping centre to be occupied by Eating Establishments. This is
directly related the issue that the Building Standards Department has been requested to
interpret.
Page 29 of 40
COMMITTEE OF ADJUSTMENT MINUTES APRIL 15, 2004
MINOR VARIANCE PUBLIC HEARING:
23.
Cont’d
FILE NO: A114/04
NORWOOD PLAZA INC
Therefore, the Community Planning Department is of the opinion that Variance Application
A114/04 be adjourned until the Building Standards Department has finalized its review of
zoning interpretation issue. Their opinion will provide the Community Planning Department
the necessary information to finalize its review and consideration of Variance Application A
114/04. Further, with the submission Variance Application A152/04, it is recommended that
Variance Application A114/04 be adjourned and be considered together with Variance
Application A152/04 in a comprehensive manner.
There were no other comments/objections from any Departments or Agencies.
MOVED by M. S. Panicali
Seconded by L. Fluxgold
THAT Application No A114/04 – NORWOOD PLAZA INC., be: ADJOURNED, to the April
29, 2004 meeting.
CARRIED.
24.
FILE NO: A115/04
KARP, HILARY/MILLER, CINDY
LOCATION
Part of Lot 30, Concession 1 (Lot 2, Plan M2273, municipally known as 5 Elizabeth 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 applicants are requesting a variance to permit the construction of a 2nd. storey addition
to an existing combination one and two storey single family detached dwelling, with
detached garage, the new addition will extend over the existing 1st floor, notwithstanding
the minimum interior side yard setback to the addition will be 0.81m, rather than the By-law
requires minimum interior side yard setback of 1.5m to the addition.
Hilary Karp, the applicant, appeared and gave a brief submission regarding the request.
He submitted a petition of support from the following residents:
Alan & Sherri Bell, 7 Elizabeth Street, Thornhill, Ontario, L4J 1X7; Jonathan Goldstein, 10
Elizabeth Street, Thornhill, Ontario, L4J 1X8; Bruce Kennedy, 14 Thornridge Dr., Thornhill,
Ontario, L4J 1C4.
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.
MOVED by L. Fluxgold
Seconded by M. S. Panicali
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.
AND THAT Application No: A115/04 – KARP, HILARY/MILLER, CINDY, be: APPROVED,
in accordance with the sketches attached.
CARRIED.
Page 30 of 40
COMMITTEE OF ADJUSTMENT MINUTES APRIL 15, 2004
MINOR VARIANCE PUBLIC HEARING:
25.
FILE NO: A118/04
JUDY LYNNE BERGMAN
LOCATION
Part of Lot 11, Concession 2, (Lot 68, Registered Plan No. 65M-3523, municipally known
as 302 Thornhill Woods 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 variances to permit the construction of an in ground pool and
cabana in the rear yard of an existing two storey single family detached dwelling,
notwithstanding, the minimum rear yard setback to the pool will be 1.5 metres, and the
minimum rear yard setback to the cabana will be 0.6 metres, rather than the By-law
requires the minimum rear yard setback to the pool and the cabana shall be 10.0 metres.
Also, the minimum interior side yard setback to the pool equipment and air conditioning unit
will be 0.2 metres rather than 1.2 metres.
July Lynne Bergman, the applicant, appeared and gave a brief submission regarding the
request.
A support petition was submitted from the following residents:
Nazma Ali
264 Thornhill Woods Drive
Thornhill, Ontario
L4J 8V6
Vio Bente
260 Thornhill Woods Drive
Thornhill, Ontario
L4J 8V6
Agnes Coney
246 Thornhill Woods Drive
Thornhill, Ontario
L4J 8V6
Ed Malabre
242 Thornhill Woods Drive
Thornhill, Ontario
L4J 8V6
Mr. Z. Rosenholtz
234 Thornhill Woods Drive
Thornhill, Ontario
L4J 8V6
Mary Salerno
222 Thornhill Woods Drive
Thornhill, Ontario
L4J 8V6
Sandy Berley
238 Thornhill Woods Drive
Thornhill, Ontario
L4J 8V6
Debbie Malliaros
286 Thornhill Woods Drive
Thornhill, Ontario
L4J 8V6
Jian Fa Yao, Jiang Xiao Xin
254 Thornhill Woods Drive
Thornhill, Ontario
L4J 8V6
A. Pildush
228 Thornhill Woods Drive
Thornhill, Ontario
L4J 8V6
V. Chimienti
294 Thornhill Woods Drive
Thornhill, Ontario
L4J 8V6
F. Sabur
290 Thornhill Woods Drive
Thornhill, Ontario
L4J 8V6
Oleg Serebryany
272 Thornhill Woods Drive
Thornhill, Ontario
L4J 8V6
C. Arfo
230 Thornhill Woods Drive
Thornhill, Ontario
L4J 8V6
O. Livshitz
214 Thornhill Woods Drive
Thornhill, Ontario
L4J 8V6
Sasha Tran
298 Thornhill Woods Drive
Thornhill, Ontario
L4J 8V6
S. Silverberg
306 Thornhill Woods Drive
Thornhill, Ontario
L4J 8V6
Alan Newton Real Estate Ltd.
Commercial Division
Attention of Jay Bergman
370 Steeles Ave W, Ste 102
Thornhill, Ontario
L4J 6X1
A118/04
There was no one in attendance either in support of or in opposition to the request.
The Community Planning Department made the following written comments:
The subject lands are designated “Low Density Residential” by OPA No.210.
Page 31 of 40
COMMITTEE OF ADJUSTMENT MINUTES APRIL 15, 2004
MINOR VARIANCE PUBLIC HEARING:
25.
Cont’d
FILE NO: A118/04
JUDY LYNNE BERGMAN
The applicant has submitted a variance application to permit the construction of a pool, cabana and
pool equipment in the rear yard. Exception Number 9(1063) requires a minimum 10 metre setback
from the OS4 Open Space Woodlot Zone for all buildings, structures, and pools. This setback is
required to protect the woodlot from encroachment of building, structures and pools and reduce the
impact of these structures on the woodlot.
The Community Planning Department does not support this Variance Application. It is this
department’s opinion that the proposed variance does not meet the intent of the By-law.
There were no other comments/objections from any Departments or Agencies.
As previously discussed the Committee agreed to adjourn this item to the April 29, 2004 meeting,
to give the applicant time to discuss issues with the Planning and Building Departments.
MOVED by D. H. Kang
Seconded by M. S. Panicali
THAT Application No, A118/04– JUDY LYNNE BERGMAN,be ADJOURNED, to the April
29, 2004 meeting.
CARRIED.
26.
FILE NO: A119/04
MOHAMED ALI
LOCATION
Part of Lot 11, Concession 2, (Lot 59, Registered Plan No. 65M-3523, municipally known
as 264 Thornhill Woods 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 variances to permit the construction of an in ground pool in the
rear yard of an existing two-storey single family detached dwelling, notwithstanding, the
minimum rear yard setback to the pool will be 7.3 metres, rather than the By-law requires
the minimum rear yard setback to the pool to be 10.0 metres. Also, the minimum interior
side yard setback to the air conditioning unit will be 0.3 metres rather than 1.2 metres
Mohamed Ali, the applicant, appeared and gave a brief submission regarding the request.
There was no one in attendance either in support of or in opposition to the request.
The Community Planning Department made the following written comments:
The subject lands are designated “Low Density Residential” by OPA No.210.
The applicant has submitted a variance application to permit the construction of a pool in
the rear yard and to permit the maintenance of an air conditioning unit in the side yard.
Exception Number 9(1063) requires a minimum 10 metre setback from the OS4 Open
Space Woodlot Zone for all buildings, structures, and pools. This setback is required to
protect the woodlot from encroachment of building, structures and pools and reduce the
impact of these structures on the woodlot.
Page 32 of 40
COMMITTEE OF ADJUSTMENT MINUTES APRIL 15, 2004
MINOR VARIANCE PUBLIC HEARING:
26.
Cont’d
FILE NO: A119/04
MOHAMED ALI
The Community Planning Department does not support the requested variance to the rear
yard setback for pool, however do not have an objection to the requested side yard
variance for the air conditioning unit.
There were no other comments/objections from any Departments or Agencies.
As previously discussed the Committee agreed to adjourn this item to the April 29, 2004 meeting,
to give the applicants/agent time to discuss issues with the Planning and Building Departments.
MOVED by L. Fluxgold
Seconded by M. S. Panicali
THAT Application No, A119/04– MOHAMED ALI, be ADJOURNED, to the April 29, 2004
meeting.
CARRIED.
27.
FILE NO: A120/04
MAHENDRA & HEMLATA PATEL
LOCATION
Part of Lot 5, Concession 2, (Lot 141, Registered Plan 65M-2489. Municipally known as 46
Mountfield Cres., Thornhill).
PROPOSAL
The subject lands are zoned R4, Residential and subject to the provisions of Exception
Number 9(461) under By-Law 1-88 as amended.
The applicant is requesting a variance to permit the construction of a raised wood landing
within the existing attached garaged, which is attached to the existing two-storey single
family detached dwelling, notwithstanding, the minimum interior garage dimension is 2.74m
by 6.0m, rather than the By-law requires the minimum interior garage dimension to be
3.00m by 6.00m.
A letter of support was received April 14, 2004 from B. Law, 42 Mountfield Cres., Thornhill,
Ontario, L4J 7E8.
Wayne Parson, appeared as the designated agent on behalf of the applicants and have a
brief submission regarding the request.
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.
MOVED by M. S. Panicali
Seconded by L. Fluxgold
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.
AND THAT Application No, A120/04– MAHENDRA & HEMLATA PATEL, be APPROVED
in accordance with the sketch attached.
Page 33 of 40
COMMITTEE OF ADJUSTMENT MINUTES APRIL 15, 2004
CARRIED.
MINOR VARIANCE PUBLIC HEARING
28.
FILE NO: A121/04
VICTOR, BETTY, & MABEL CARAMES
LOCATION
Part of Lot 24, Concession 4, (Lot 231, Registered Plan No. 65M-3338, municipally known
as 166 St. Joan of Arc Avenue, Maple).
PROPOSAL
The subject lands are zoned RV3, Residential, under By-law 1-88 as amended, and
further subject to Exception 9(1002).
The applicants are requesting a variance to permit the maintenance of a deck in the rear
yard of a two storey single family detached dwelling, notwithstanding, the minimum rear
yard setback to the deck is 5.4 metres, rather than the By-law requires the minimum rear
yard setback to a deck to be 5.7 metres.
Letters of support were received March 25, 2004 from the following residents:
MARCO & MARY PICCOTTI
177 St. Joan of Arc Avenue
MAPLE, ONTARIO
L6A 3B8
RAJ & INDRA PURNWASI
160 St. Joan of Arc Avenue
MAPLE, ONTARIO
L6A 3B8
LIDA HURTADO
164 St. Joan of Arc Avenue
MAPLE, ONTARIO
L6A 3B8
TONY IERULLO
165 St. Joan of Arc Avenue
MAPLE, ONTARIO
L6A 3B8
JOHN BILOTTA
170 St. Joan of Arc Avenue
MAPLE, ONTARIO
L6A 3B8
SHAWN & RHONDA MARKLE
116 Purcell Crescent
MAPLE, ONTARIO
L6A 3C7
A letter of support was received April 14, 2004 from Shawn & Rhonda Markle, 116 Purcell
Cres., Maple, Ontario, L6A 3C7.
Victor Carames, the applicant, appeared and gave a brief submission regarding the
request.
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.
MOVED by M. S. Panicali
Seconded by L. Fluxgold
THAT 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.
AND THAT Application No. A121/04 – VICTOR, BETTY, & MABEL CARAMES, be
APPROVED, and in accordance with the sketches attached.
CARRIED.
Page 34 of 40
COMMITTEE OF ADJUSTMENT MINUTES APRIL 15, 2004
MINOR VARIANCE PUBLIC HEARING:
29.
FILE NO: A122/04
GREGORIO MOTA
LOCATION
Part of Lot 1, Concession 2, (Lot 39, Registered Plan M-1957, municipally known as 87
Conley Street, Thornhill).
PROPOSAL
The subject lands are zoned R4, Residential and subject to the provisions of Exception
Number 9(469) under By-law 1-88 as amended.
The applicant is requesting a variance to permit the construction of a proposed basement
extension for storage and deck/porch (4.65m in length), to the side of an existing two
storey single family detached dwelling, notwithstanding, the minimum interior side yard
setback to the proposed porch will be 1.0 metres, rather than the By-law states the
minimum interior side yard setback required to the proposed deck/porch shall be 1.2
metres. A sketch is attached illustrating the request.
PLEASE NOTE: Other Planning Act Applications
The land which is the subject in these applications are the subject on applications under the
Planning Act for:
Minor Variance Application File # A223/03 - Approved – Aug. 21/03 (int. side yard
setback of 1.0m (extension 3.05m in length)
Carlos Antunes, appeared as the designated agent on behalf of the applicant and gave a
brief submission regarding the request.
A request for the Notice of Decision was submitted from Mr. & Mrs. Giordano, 91 Conley
St., Thornhill, Ontario, L4J 2X4.
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.
MOVED by M. S. Panicali
Seconded by L. Fluxgold
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.
AND THAT Application No, A122/04 – GREGORIO MOTA,
accordance with the sketch attached.
be APPROVED in
CARRIED.
30.
FILE NO: A123/04
EMILIO & ERMINIA TERSIGNI
LOCATION
Part of Lot 9, Concession 7, (municipally known as 14 Pine Grove Road, Woodbridge).
Page 35 of 40
COMMITTEE OF ADJUSTMENT MINUTES APRIL 15, 2004
MINOR VARIANCE PUBLIC HEARING:
30.
FILE NO: A123/04
EMILIO & ERMINIA TERSIGNI
PROPOSAL
The subject lands are zoned A -Agriculture, under By-law 1-88 as amended, and
further subject to RR – Rural Residential zone standards, as per Section 3.11(b) of
the By-law.
The applicants are requesting variances to permit the construction of a one storey
single family detached dwelling, notwithstanding, the nature of the proposed variances,
the proposed changes to the existing By-law & the current By-law requirements are as
follows:
VARIANCES
PROPOSED
Maximum lot coverage (including covered
porch and 2 accessory buildings (sheds)
Minimum front yard setback to proposed
dwelling
Minimum rear yard setback to proposed
dwelling
Minimum exterior side yard setback to
dwelling
Minimum exterior side yard setback to Shed
“A”
Minimum exterior side yard setback to Shed
“B”
Minimum front yard setback to Shed “A”
Minimum front yard setback to Shed “B”
Minimum rear yard setback to an exterior
stairway
29.04%
BY-LAW
REQUIREMENT
10.0%
6.0m
15m
2.3m
9m
5.0m
9m
1.3m
9m
1.65m
9m
6.6m
0.82m
1.5m
15m
15m
13.2m
PROPOSED
To permit one accessory building or structure
(She d “A” in the exterior side yard and
another accessory building or structure (Shed
“B”) in the front yard
To recognize a second existing accessory
building or structure ( Shed “B”) on the subject
property
To permit two existing accessory buildings on
the lot prior to the construction of the proposed
dwelling
BY-LAW REQUIREMENT
Any accessory building or structure
shall be located in the rear yard
The By-law recognizes only one
accessory building or structure per lot
No accessory building or structure shall
be constructed on any lot prior to the time
of construction of the main building to
which it is accessory
Please Note: The existing dwelling will be demolished.
A petition of support was received from the following residents:
G. Girotto
15 Pine Grove Road
Woodbridge, Ontario
L4L 2H5
E. Pasquale
17 Pine Grove Road
Woodbridge, Ontario
L4L 2H5
Occupant
19 Pine Grove Road
Woodbridge, Ontario
L4L 2H5
Losello
21 Pine Grove Road
Woodbridge, Ontario
L4L 2H5
Zeno Toimiol
21 Hayhoe Avenue
Woodbridge, Ontario
L4L 1H5
Ron & Donna Book
10 Hayhoe Avenue
Woodbridge, Ontario
L4L 1S4
Page 36 of 40
COMMITTEE OF ADJUSTMENT MINUTES APRIL 15, 2004
Flavio & Rosetta Zanette
24 Hayhoe Avenue
Woodbridge, Ontario
L4L 1S4
Mr. Pasati
35 Hayhoe Avenue
Woodbridge, Ontario
L4L 1S4
Raffaele & Dina Noci
11 Pine Grove Road
Woodbridge, Ontario
L4L 2H5
Emilio & Erminia Tersigni, the applicants appeared and gave a brief submission regarding
the request.
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.
MOVED by M. S. Panicali
Seconded by L. Fluxgold
THAT 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.
AND THAT Application No. A123/04 – EMILIO & ERMINIA TERSIGNI, be APPROVED,
and in accordance with the sketches attached.
CARRIED.
31.
FILE NO: A128/04
MAURICE & BRIGITTE LEVY
LOCATION
Part of Lot 29, Concession 1, (Part Lot 46, Plan 3319, municipally known as 91 Arnold
Avenue, 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 applicants are requesting a variance to permit the construction of an in ground pool for
an existing two storey single family detached dwelling, notwithstanding, the location of the
swimming pool will not be completely in the rear yard, rather than the By-law requires a
swimming pool shall be constructed only in the rear yard. A sketch is attached illustrating
the request.
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. A62/99 – Approved February 11, 1999 (Lot coverage of
23.2%)
Maurice Levy, the applicant appeared and gave a brief submission regarding the request.
Leo Erez, 100 Arnold Ave., Thornhill, Ontario, L4J 1B9 appeared in support of this
application.
There was no one else in attendance either in support of or in opposition to the request.
There were no objections from any Departments or Agencies.
MOVED by L. Fluxgold
Seconded by M. S. Panicali
Page 37 of 40
COMMITTEE OF ADJUSTMENT MINUTES APRIL 15, 2004
MINOR VARIANCE PUBLIC HEARING:
31.
FILE NO: A128/04
MAURICE & BRIGITTE LEVY
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.
AND THAT Application No. A128/04 – MAURICE & BRIGITTE LEVY, be APPROVED, and
in accordance with the sketch attached.
CARRIED.
32.
FILE NO: A131/04
BRUNO & DINA BRANCATELLA
LOCATION
Part of Lot 25, Concession 4 (Lot 6, Registered Plan 65M-3479, municipally known as 31
Giotto Cres., Maple.)
PROPOSAL
The subject lands are zoned R4, Residential, under By-Law 1-88, as amended and
further subject to Exception 9(1056).
The applicants are requesting variances to permit the maintenance of a rear yard deck and
shed, to a two storey single family detached dwelling, with attached garage,
notwithstanding the shed has a rear and interior yard setback of 0.6m, and the deck has a
rear yard setback of 6.25m, rather than the By-law does not permit buildings and structures
above or below grade within the required rear yard, and the required rear yard setback is
9.0m.
Bruno Brancatella, the applicant appeared and gave a brief submission regarding the
request.
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.
MOVED by L. Fluxgold
Seconded by M. S. Panicali
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.
AND THAT Application No: A131/04 – BRUNO & DINA BRANCATELLA, be:
APPROVED, in accordance with the sketches attached.
CARRIED.
Page 38 of 40
COMMITTEE OF ADJUSTMENT MINUTES APRIL 15, 2004
MINOR VARIANCE PUBLIC HEARING:
33.
FILE NO: A133/04
SAMUEL & ALGERIA TOBY
LOCATION
Part of Lot 26, Concession 1, (Part of Lot 44, Registered Plan 3205. Municipally known as
7121 Bathurst Street, Thornhill).
PROPOSAL
The subject lands are zoned C6, Highway Commercial and subject to the provisions of
Exception Number 9(279) under By-Law 1-88 as amended.
The applicant is requesting variances to permit the construction of a commercial
building, notwithstanding, the nature of the proposed variances, the proposed changes
to the existing By-law & the current By-law requirements are as follows:
VARIANCE
PROPOSED
Minimum required front yard setback
Minimum required exterior side yard setback
Minimum required landscape strip along the
interior side yard lot line (East lot line)
7.33m
11.79m
BY-LAW
REQUIREMENT
15.00m
15.00m
0.0m
2.4m
The applicant appeared and gave a brief submission regarding the request.
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.
MOVED by L. Fluxgold
Seconded by M. S. Panicali
THAT 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.
AND THAT Application No, A133/04– SAMUEL & ALGERIA TOBY, be APPROVED in
accordance with the sketch attached.
CARRIED.
At this time the Committee called Item # 6 – File # A080/04,- SUSAN ANN SILVERBERG, which
was stood down at the start of the meeting.
MINOR VARIANCE PUBLIC HEARING:
(PREVIOUSLY ADJOURNED FROM MARCH 4, 2004 MEETINGS.)
2.
FILE NO.: A080/04
SUSAN ANN SILVERBERG
SEE PAGE # 5
Letters of concern were received March 2, 2004 and March 3, 2004, from Mrs. J. Moore, 69
Thornbank Road, Thornhill, Ontario, L4J 2A1 and Marjut & Tap Nousiainen, 63 Thornbank
Road, Thornhill, Ontario, L4J 2A1. Concerns were raised from drainage problems to the
impact on the community with respect to the removal of some of the mature trees.
Peter Higgins, Peter Higgins Architect, appeared as the designated agent on behalf of the
applicants, and acknowledged the concerns of the residents.
Page 39 of 40
COMMITTEE OF ADJUSTMENT MINUTES APRIL 15, 2004
MINOR VARIANCE PUBLIC HEARING:
Cont’d
(PREVIOUSLY ADJOURNED FROM MARCH 4, 2004 MEETINGS.)
2.
FILE NO.: A080/04
SUSAN ANN SILVERBERG
SEE PAGE # 5
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.
MOVED by M. S. Panicali
Seconded by D. H. Kang
THAT 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.
AND THAT Application No: A080/04 – SUSAN ANN SILVERBERG, be: APPROVED, in
accordance with the sketches attached.
CARRIED.
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 8:15 p.m., and the next
regular meeting will be held on THURSDAY, APRIL 29, 2004.
CARRIED.
Page 40 of 40