Prepared By: Todd Coles

File: A208/12 Applicant: AGOSTINA SPATAFORA Address: 48 PINE VALLEY CRESCENT,

WOODBRIDGE Agent: LOU POMPILI, Allcap Management Inc. Notes: Comments/Conditions:

Commenting Department Comment Condition of

Approval Building Standards Development Planning Engineering TRCA PowerStream Cultural Services Other - _______________________

Legend: - Positive Comment

- Negative Comment

Item # 9 Ward #3

Form 9

COMMITTEE OF ADJUSTMENT2141 Major Mackenzie Drive, Vaughan, Ontario, L6A 1T1

Tel [905] 832-2281 Fax [905] 832-8535

FILE NUMBER: A208/12 APPLICANT: AGOSTINA SPATAFORA PROPERTY: Part of Lot 13, Concession 6 (Lot 37, Registered Plan M-5757, municipally known as

48 Pine Valley Crescent, Woodbridge) ZONING: The subject lands are zoned RR, Rural Residential under By-Law 1-88 as amended

PURPOSE: To permit the construction of a rear pool and cabana - accessory structure. PROPOSAL: 1) 16.32% maximum lot coverage.

2) 5m minimum rear yard setback. 3) 5.2m maximum cabana height. 4) 0.75m maximum eave projection. 5) 95.05m2cabana area with reduced setbacks 6) 102.05m2 maximum total accessory building area.

BY-LAW REQUIREMENT:

1) 10% maximum lot coverage (14.32% approved by A026/08). 2) 15m minimum rear yard setback. 3) 2.5m maximum cabana height. 4) 0.3m maximum eave projection. 5) 10m2cabana area with reduced setbacks 6) 67m2 maximum total accessory building areas

BACKGROUND INFORMATION:

Committee of Adjustment File A026/08 & A253/08

A sketch is attached illustrating the request. This application will be heard by the Committee of Adjustment on the date and time shown below.

DATE: Thursday, July 26th, 2012 TIME: 6:00 PM LOCATION: COMMITTEE ROOM 242/243 (2nd Floor)

VAUGHAN CITY HALL 2141 MAJOR MACKENZIE DRIVE VAUGHAN, ONTARIO L6A 1T1

You are invited to attend this public hearing in person to express your views about this application or you may be represented by counsel for that purpose. If you do not attend at the hearing it may proceed in your absence and, except as otherwise provided in the Planning Act, you will not be entitled to any further notice of the proceedings. If you wish to be notified of the decision of the Committee of Adjustment with respect to this application, you must complete the attached “Request for Decision” form and submit it to the Secretary-Treasurer. Additional information is available from the Committee of Adjustment staff between 8:30 a.m. and 4:30 p.m. Monday to Friday at the Committee of Adjustment, Clerks Department: Tel:(905) 832-8585/Fax: (905) 832-8535. If you wish to make written comments on this application they may be forwarded to the Secretary - Treasurer of the Committee of Adjustment PRIOR TO THE MEETING. Your comments are collected under the legal authority of the Planning Act, R.S.O. 1990,Chapter c. P.13, as amended. Your comments in respect to this application becomes the property of the City of Vaughan and will become part of the decision making process of the application as noted on this form. Pursuant to Section 27 of the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M.56, as amended, public feedback to planning proposals is considered to be a public record and may be disclosed to any individual upon request in accordance with Section 27 of the Municipal Freedom of Information and Protection Privacy Act, R.S.O. 1990, c. M.56, as amended. Questions about this collection should be directed to the Secretary-Treasurer, Vaughan Committee of Adjustment, Clerk’s Department, 2141 Major Mackenzie Drive, Vaughan, Ontario; L6A 1T1 (905) 832-8585 x.8332.

DATED THIS 11TH DAY OF JULY, 2012.

Todd Coles, BES, MCIP, RPP Manager of Development Services and

Secretary-Treasurer to Committee of Adjustment

NOTICE OF APPLICATION MINOR VARIANCE

COMMITTEE OF ADJUSTMENT File No.: A208/12

Applicants: AGOSTINA SPATAFORA

SUBJECT LANDS: 48 PINE VALLEY CRES., WOODBRIDGE

48

COMMITTEE OF ADJUSTMENT MINUTES JANUARY 17, 2008

MOVED by J. Cesario Seconded by D. Kang

AND THAT Application No. A025/08 – 995245 ONTARIO LIMITED , be APPROVED, inaccordance with the sketch attached.

CARRIED.

MINOR VARIANCE PUBLIC HEARING:

31. FILE NO. A026/08 AGOSTINA SPATAFORA

LOCATION

Part of Lot 13, Concession 6, (Lot 37, Registered Plan No. M-5757, municipally known as 48 Pine Valley Cres., Woodbridge.)

PROPOSAL

The subject lands are zoned RR, Rural Residential under By-Law 1-88 as amended.

The purpose of this application is to request variances to permit the construction of a two storey single family detached dwelling, with attached garage, as follows:

Proposal:

1. Maximum lot coverage 14.32% 2. Maximum building height 11.7m

By-Law Requirements:

1. Maximum lot coverage 10% 2. Maximum building height 9.5m

Existing dwelling to be demolished.

Sketches are attached illustrating the requests.

Paul Mastenbroek, appeared as the authorized agent and had nothing to add to the request.

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

There were no objections from any Departments or Agencies.

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

MOVED by J. Cesario Seconded by D. Kang

AND THAT Application No. A026/08 – AGOSTINA SPATAFORA , be APPROVED, inaccordance with the sketches attached.

CARRIED.

Page 33 of 36

BACKGROUND

INFORMATIO

N

COMMITTEE OF ADJUSTMENT MINUTES THURSDAY, SEPTEMBER 25, 2008

Page 21 of 28

MINOR VARIANCE PUBLIC HEARING: Cont’d…

Item 23.FILE NUMBER: A252/08

APPLICANTS: VLADIMIR & GALINA PASLAVSKY

PROPERTY: Part of Lot 15, Concession 2, (Lot 48, Registered Plan No. 65M-3776, municipally known as 82 Foxwood Rd., Thornhill).

ZONING: The subject lands are zoned RV3(WS), Residential Urban Village Zone Three and subject to the provisions of Exception Number 9(1063) under By-Law 1-88 as amended.

PURPOSE: The applicants are requesting a variance to permit the continued construction of a rear yard deck, to an existing two storey single family detached dwelling, with attached garage, as follows:

PROPOSAL: To maintain a minimum rear yard setback of 2.5 metres to the deck.

BY-LAWREQUIREMENTS: A minimum rear yard setback of 4.2 metres is required to the deck.

Vladimir Paslavsky, the applicant, appeared on his own behalf.

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

The Building Standards Department made the following written comments: A building permit has not been issued for the deck.

There were no other comments/objections from any Departments or Agencies.

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

MOVED by M. S. Panicali Seconded by L. Fluxgold

THAT Application No. A252/08, VLADIMIR & GALINA PASLAVSKY, be APPROVED in accordance with the sketch attached

CARRIED

Item 24.FILE NUMBER: A253/08

APPLICANTS: AGOSTINA SPATAFORA

PROPERTY: Part of Lot 13, Concession 6, (Lot 37, Registered Plan No. 5757, municipally known as 48 Pine Valley Cres., Woodbridge).

ZONING: The subject lands are zoned RR, Rural Residential under By-law 1-88 as amended.

PURPOSE: The applicant is requesting variances to permit the construction of an accessory structure, as follows:

PROPOSAL: 1. Accessory structure will be located in the westerly side yard.

2. Height of accessory structure at the rear (North) will be 7.30 metres measured from the average finished ground level. Nearest part of the roof will be 4.91 metres above average finished grade. Height of accessory structure at the left side (West) will be 8.33 metres measured to finished ground level. Nearest part of the roof will be 5.94 metres above finished grade.

BY-LAWREQUIREMENT:

1. Accessory structures shall be located in the rear yard.

2. Maximum height of accessory structure measured from the average finished ground level to the highest point of the said building or structure shall be 4.5 metres. The nearest part of the roof shall not be more than three (3) metres above finished grade.

BACKGROUND: The land which is subject to this application was also the subject of another application under the Planning Act: Minor Variance File No. A026/08 – Approved with conditions Jan. 17/08 Lot coverage of 14.32% & building height of 11.7m. for a two storey dwelling with garage.

BACKGROUND

INFORMATIO

N

COMMITTEE OF ADJUSTMENT MINUTES THURSDAY, SEPTEMBER 25, 2008

Page 22 of 28

MINOR VARIANCE PUBLIC HEARING: Cont’d…

Item 24.

FILE NUMBER: A253/08

APPLICANTS: AGOSTINA SPATAFORA

Paul W. Mastenbroek, the agent, appeared on behalf of the applicant.

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

The Building Standards Department made the following written comments: 1. The size of the proposed accessory structure complies with the relevant by-law requirement not to

exceed 10% of the lot area or 67 square metres whichever is the lesser.

2. On the site grading plan attached to this application another accessory structure is shown towards the rear of the property which is not part of this application. Please note additional non-conformities may be identified upon submission of a building permit application for the second accessory structure.

There were no other comments/objections from any Departments or Agencies.

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.

MOVED by M. S. Panicali Seconded by L. Fluxgold

THAT Application No. A253/08 - AGOSTINA SPATAFORA, be APPROVED , in accordance with the sketches attached.

CARRIED.

Item 25.FILE NUMBER: A254/08

APPLICANTS: JOE & JOANNE LATOBESI

PROPERTY: Part of Lot 27, Concession 8, (Lot 138, Registered Plan No. 65M-3895, municipally known as 33 Springrain Court, Kleinburg.)

ZONING: The subject lands are zoned R1, Residential under By-Law 1-88 as amended and further subject to exception 9(1162)

PURPOSE: The applicants are requesting variances to permit the maintenance of a rear yard cabana/shed, and pool equipment, as follows:

PROPOSAL: 1. Minimum 0.3m setback to cabana. 2. Maximum 3.175 cabana height. 3. Minimum 0.3m setback to pool equipment.

BY-LAWREQUIREMENTS:

1. Minimum 0.6m setback to cabana. 2. Maximum 2.5m cabana height. 3. Minimum 1.2m setback to pool equipment.

Joe Latobesi, the applicant, appeared on his own behalf. Mr. Latobesi, submitted photographs and gave a brief submission regarding the request.

Peter Gallo, 27 Springrain Court, Kleinburg, Ontario, L0J 1C0; appeared in opposition to the request.

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

During discussions between the Committee, Mr. Latobesi and Mr. Gallo, it was agreed that a condition regarding the drainage be added to the decision.

A letter in opposition was received from Peter Gallo, 27 Springrain Court, Kleinburg, Ontario, L0J 1C0.

A request for decision was received from Peter Gallo, 27 Springrain Court, Kleinburg, Ontario, L0J 1C0 and Yvonne Casciato, 16 Springrain Court, Kleinburg, Ontario, L0J 1C0.

BACKGROUND

INFORMATIO

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The City of Vaughan 2141 Major Mackenzie Drive Vaughan, Ontario Canada L6A 1T1 Tel (905) 832-8510, Extension 8260

To: Committee of Adjustment

From: Michael Ridgwell, Building Standards Department – Zoning Section

Date: June 26, 2012 Revised

Name of Owner: Agostina Apatafora

Location: 48 Pine Valley Crescent Lot 37 M-5757 Part of lot 13 Concession 6

File Number(s): A208/12

1. Zoning Classification of the Subject Lands

The subject lands are zoned RR, Rural Residential under By-Law 1-88 as amended

2. Staff Comments

Proposal

1) 16.32% maximum lot coverage. 2) 5m minimum rear yard setback. 3) 5.2m maximum cabana height. 4) 0.75m maximum eave projection. 5) 95.05m2cabana area with reduced setbacks 6) 102.05m2 maximum total accessory building area.

By-Law Requirements:

1) 10% maximum lot coverage (14.32% approved by A026/08). 2) 15m minimum rear yard setback. 3) 2.5m maximum cabana height. 4) 0.3m maximum eave projection. 5) 10m2cabana area with reduced setbacks 6) 67m2 maximum total accessory building areas.

Stop Work Orders and Orders to Comply:

To date, there are no outstanding Orders on file.

Building Permits Issued:

A building permit has been applied for but not been issued.

Other Comments:

None

Conditions of Approval:

None

Page 1 of 1

Development Planning Department I City of Vaughan I 2141 Major Mackenzie Drive I Vaughan, ON L6A 1T1

T: 905.832.8585 I F: 905.832.6080 I www.vaughan.ca

DATE:

July 16, 2012

TO:

Todd Coles, Committee of Adjustment

FROM:

Grant Uyeyama, Director of Development Planning Development Planning Department

MEETING DATE:

July 26, 2012

OWNER: Agostina Spatafora FILE(S): A208/12 Location:

48 Pine Valley Crescent, Woodbridge Ward 3, Vicinity of Rutherford Road and Pine Valley Drive

Proposal:

The Owner is requesting permission to construct a cabana with the following variances:

Variance Proposed Required 1 Maximum lot coverage 16.32% 10% 2 Minimum rear yard setback to cabana 5m 15m 3 Maximum height of cabana 5.2m 2.5m 4 Maximum projection of eaves 0.75m 0.3m 5 Maximum area of cabana 95.05m2 10m2 6 Maximum total accessory building areas 102.05m2 67m2

Official Plan:

The subject lands are designated “Low Density Residential” by in-effect OPA #240 (Woodbridge Community Plan). The subject lands are also designated “Low Rise Residential” by the new City of Vaughan Official Plan 2010, which is subject to approval from the Ontario Municipal Board. The proposal conforms to the policies of the Official Plan.

Comments:

Development Planning staff conducted a site visit with photo documentation on July 10, 2012. The subject lands are developed with a single detached dwelling in a neighbourhood characterized by estate homes on large residential lots. The Owner previously applied (A026/08) and was approved by the Committee of Adjustment on January 17, 2008 for a maximum lot coverage of 14.32%. The additional lot coverage currently requested by the Owner is to facilitate the construction of a rear yard cabana. The Development Planning Department considers the proposal to be appropriately scaled to the existing residential neighbourhood. As well, the impact of the proposal is mitigated since the subject lands abut an Open Space block to the rear. Accordingly, the Development Planning Department is of the opinion that the proposal is minor in nature, meets the intent of the Zoning By-law, and is desirable for the appropriate development of the land.

Recommendation:

The Development Planning Department supports Minor Variance Application A208/12.

Condition(s):

None.

Report Prepared By: Daniel Woolfson, Planner 1 Carmella Marrelli, Senior Planner

DATE: July 17, 2012

TO: Todd Coles, Committee of Adjustment FROM: Otello Santini, Development/Transportation Engineering MEETING DATE: July 26, 2012 OWNER: AGOSTINA SPATAFORA FILE(S): Minor Variance Application A208/12

Location: Part of Lot 13, Concession 6 (Lot 37, Registered Plan M-5757,

municipally known as 48 Pine Valley Crescent). Proposal:

1. To permit a minimum rear yard setback of 2.5 metres to cabana and covered overhang.

2. To permit a maximum 30.28 m2 cabana and overhang. 3. To permit a maximum accessory building height of 3.88

metres of the Cabana and overhang. Comments: A site visit was conducted on Tuesday July 17, 2012. The

Development/Transportation Engineering Department has no objection to this application as the proposed setback of the cabana is adequate and does not appear to have any significant impact on the existing drainage pattern. The Development/Transportation Engineering Department has no further comments and no objection to this application.

Condition(s): None.

DATE: July 10, 2012 TO: Todd Coles

Secretary Treasurer to the Committee of Adjustment Via Email FROM: Cecilia Nin Hernandez

Cultural Heritage Coordinator Cultural Services Division Recreation and Culture Department

RE: A208/12

48 Pine Valley Crescent Part of Lot 13, Conc. 6

Cultural Services has received the request for comments regarding the above noted application and offers the following comments:

1. The subject parcel of land lies in an area identified as a being of high archaeological potential in the City’s database of archaeological resources. As such, the owner is advised that the following standard clauses apply:

i. Should archaeological resources be found on the property during construction

activities, all work must cease and both the Ontario Ministry of Tourism, Culture and Sport, the City of Vaughan’s Policy Planning and Urban Design and Recreation and Culture Departments shall be notified immediately.

ii. In the event that human remains are encountered during construction activities, the

proponent must immediately cease all construction activities. The proponent shall contact the York Regional Police Department, the Regional Coroner and the Registrar of the Cemeteries Regulation Unit of the Ministry of Consumer and Business Services.

Cecilia Nin Hernandez, M.Arch. Cultural Heritage Coordinator Cultural Services Division Recreation & Culture Department (905) 832-8585, ext. 8115

Date: July 9, 2012 Attention: Todd Coles File No’s.: A208/12 – 48 Pine Valley Crescent, Woodbridge

COMMENTS: (Via Email) We have reviewed the submitted plan and have no objection to the proposal. It is the responsibility of the owner or his agent to contact our office and discuss all aspects of the above project. Please contact the below noted. Engineering Services # 905-417-6900 Toll Free # 1-877-963-6900