Prepared By: Lenore Providence

File: A373/12 Applicant: RAFFIC AND BIB MOHAMED Address: 95 Flushing Avenue, Woodbridge Agent: NONE Comments/Conditions:

Commenting Department

CommentCondition of

Approval

Building Standards Development Planning Engineering TRCA PowerStream Other - _______________________ Other - _______________________

Legend: - Positive Comment - Negative Comment

Item # 20

Ward #3

Form 9

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

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

FILE NUMBER: A373/12 APPLICANT: RAFFIC AND BIBI MOHAMED PROPERTY: Part of Lot 13, Concession 6 (Lot 143, Registered Plan 65M-2701 municipally known

as 95 Flushing Avenue, Woodbridge) ZONING: The subject lands are zoned R2, Residential Zone and subject to the provisions of

Exception 9(769) under By-law 1-88 as amended. PURPOSE: To permit the maintenance of the existing gazebo, shed, pergola and air

conditioning unit. PROPOSAL: 1. To maintain a maximum 22.4m2 accessory structure (shed).

2. To maintain a maximum accessory structure height of 2.7 m (shed). 3. To maintain a minimum rear yard setback of 0.82m for the shed. 4. To maintain a minimum south interior side yard setback of 0.91m for the shed. 5. To maintain a maximum 16.64m2 accessory structure (gazebo). 6. To maintain a maximum accessory structure height of 3.22m (gazebo). 7. To maintain a minimum rear yard setback of 2.87m for the gazebo. 8. To maintain a minimum rear yard setback of 0.3m for the pergola. 9. To maintain a minimum interior side yard setback of 0.67m for the A/C unit. 10. To maintain rear yard eaves encroachment of 0.53m for the shed. 11. To maintain southerly interior side yard eaves encroachment of 0.34m for the shed.

BY-LAW REQUIREMENT:

1. A maximum accessory structure of 10m2 is permitted (shed). 2. A maximum height of 2.5m is permitted for an accessory structure (shed). 3. A minimum rear yard setback of 7.5m is required for the shed. 4. A minimum interior side yard setback of 1.5m is required for the shed. 5. A maximum accessory structure of 10m2 is permitted (gazebo). 6. A maximum height of 2.5m is permitted for an accessory structure (gazebo). 7. A minimum rear yard setback of 7.5m is required for the gazebo. 8. A minimum rear yard setback of 2.2m is required for the pergola (equal to the height). 9. A minimum interior side yard setback of 1.2 m is required for the A/C unit. 10. A maximum rear yard eaves encroachment of 0.3m is permitted for the shed. 11. A maximum interior side yard eaves encroachment of 0.3m is permitted for the shed.

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, DECEMBER 6, 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 21st DAY OF NOVEMBER, 2012.

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

Secretary-Treasurer to Committee of Adjustment

Agenda packages will be available prior to hearing at: http://bit.ly/VaughanCofA

NOTICE OF APPLICATION MINOR VARIANCE

N

LOT

143

SIDEWALKSIDEWALK 65'-71

2" (20.00 m)

95FLUSHING

SETBACK LINE (7.5 m)

SETBACK LINE (7.5 m)

SKETCH OF SU

RVEYLO

T 143PLAN

65M-2701

TOW

N O

F VAUG

HANREG

ION

AL MU

NICIPAL O

F YORK

39.23 m

14.94 m

7.59 m

2.87 m

0.53 m0.99 m

0.58 m

0.91 m

6.58 m

11.50 m

7.40 m

0.67 m

1.63 m

AIR CON

DITION

UN

IT

8.28 m

0.53 m0.34 m

0.82 m0.36 m

1. To maintain a m

aximum

22.4m2 accessory structure (shed).

2. To maintain a m

aximum

accessory structure height of 2.7 m (shed).

3. To maintain a m

inimum

rear yard setback of 0.82m for the shed.

4. To maintain a m

inimum

south interior side yard setback of 0.91m for the shed.

5. To maintain a m

aximum

16.64m2 accessory structure (gazebo).

6. To maintain a m

aximum

accessory structure height of 3.22m (gazebo).

7. To maintain a m

inimum

rear yard setback of 2.87m for the gazebo.

8. To maintain a m

inimum

rear yard setback of 0.3m for the pergola.

9. To maintain a m

inimum

interior side yard setback of 0.67m for the A

/C unit.

10. To maintain rear yard eaves encroachm

ent of 0.53m for the shed.

11. To maintain southerly interior side yard eaves encroachm

ent of 0.34m for the shed

2.70 m

3.43 m3.44 m

East elevationN

orth elevation

West elevation

South elevation

3.22 m

1

2

3

4

SHEDSU

RFACE11.5 m

2

5

67

8

9

10

11A373/12

PROPO

SAL:

EXISTING

BUILDIN

G CO

NTO

UR

5.79 m

2.20 m

0.30 m

2.10 m2.47 m

East elevationN

orth elevation

PERGO

LA

OCTAG

ON

GAZEBO

SHED

47.00 m

PERGO

LA max Area

5.29 m2

Drawn By:

Checked By:

Approved By:

Date Drawn:

Sht:Draw

ing No:

Scale:

Rev:

Date Checked:

Date Approved:

Eu

i Y

ou

ng

kw

ak

1/16" - 1'

MV

01

001

__

Paper Size:L

EG

AL

8

.5

x1

4

in

ch

es

Units:

Im

pe

ria

l

in

ch

es

Stamp:

Minor variance Proposed Plan

Drawing N

ame:

Ow

ner:M

r Raffic and Mrs Bibi M

.

Project Nam

e:

No

v.1

6 2

01

2

Simple

Drafting

95 Flushing Ave. Vaughan ON

L4L 8H7

FILE NUMBER: A373/12

APPLICANT: RAFFIC AND BIBI MOHAMED

Subject Area Municipally known as 95 Flushing Avenue, Woodbridge

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

Phone: (905)832-8585 Fax: (905)832-8535

95

V-2 OF 11 Revised March, 2011

3.0 MORTGAGEES, HOLDERS OF CHARGES OR OTHER ENCUMBRANCES

3.1 Name: TD Canada Trust (Weston & Rutherford)

Address: 9200 Weston Road

Town/City, Province: Woodbridge, ON Postal Code: L4H 2P8

4.0 PURPOSE OF THE APPLICATION

4.1 What is the purpose of the application? Please select the appropriate type:

To permit the construction of

To permit the maintenance of two existing sheds

To permit the continued construction of gazebo, shed and front balcony

To facilitate the severance of the total lands. This variance pertains to the:

SUBJECT lands.

RETAINED lands.

5.0 BY-LAW REQUIREMENTS/PROPOSED CHANGES

5.1 What are the By-law requirements:

5.2 Proposed changes to the By-law requirements:

5.3 Why is it not possible to comply with the provisions of the By-law?: Because the gazebo is already

90% built.

6.0 DESCRIPTION OF SUBJECT LANDS

6.1 Legal description of the subject lands: Ward #: 3

Municipal Address: 95 Flushing Avenue, Woodbridge Block Map #: 38

Lot(s)/Block(s) #: 143 Registered Plan #: 65M-2701

Part of Lot(s): 13 Concession: 6 Other legal description, if applicable:

1. To maintain a maximum 22.4m2 accessory structure (shed). 2. To maintain a maximum accessory structure height of 2.7 m (shed). 3. To maintain a minimum rear yard setback of 0.82m for the shed. 4. To maintain a minimum south interior side yard setback of 0.91m for the shed. 5. To maintain a maximum 16.64m2 accessory structure (gazebo). 6. To maintain a maximum accessory structure height of 3.22m (gazebo). 7. To maintain a minimum rear yard setback of 2.87m for the gazebo. 8. To maintain a minimum rear yard setback of 0.3m for the pergola. 9. To maintain a minimum interior side yard setback of 0.67m for the A/C unit. 10. To maintain rear yard eaves encroachment of 0.53m for the shed. 11. To maintain southerly interior side yard eaves encroachment of 0.34m for the shed.

1. A maximum accessory structure of 10m2 is permitted (shed). 2. A maximum height of 2.5m is permitted for an accessory structure (shed). 3. A minimum rear yard setback of 7.5m is required for the shed. 4. A minimum interior side yard setback of 1.5m is required for the shed. 5. A maximum accessory structure of 10m2 is permitted (gazebo). 6. A maximum height of 2.5m is permitted for an accessory structure (gazebo). 7. A minimum rear yard setback of 7.5m is required for the gazebo. 8. A minimum rear yard setback of 2.2m is required for the pergola (equal to the height). 9. A minimum interior side yard setback of 1.2 m is required for the A/C unit. 10. A maximum rear yard eaves encroachment of 0.3m is permitted for the shed. 11. A maximum interior side yard eaves encroachment of 0.3m is permitted for the shed.

Line of above Roof

O.H. 2'-9" (0.84 m)

Roof overhang to West Fender

1'-10" (0.53 m)

Shed to West Fender

3'-3 12 " (1.0m)

Concrete Slab to West fender

2'-2" (0.66m)

Concrete Slab to West Fender

1'-4 12 " (0.42m)

Roof Overhang to W

est Fender1'-0" (0.3m

)

Shed to West Fender

2'-8 12 " (0.83 m)

Concrete Slab to South Fender111

2" (0.3 m)

Roof Overhang to South Fender 1'-11" (0.58 m)

roof surface22 m

2

SHEDSU

RFACE11.5 m

2

3'-0"

Drawn By:

Checked By:

Approved By:

Date Drawn:

Sht:Draw

ing No:

Scale:

Rev:

Date Checked:

Date Approved:

Eui Y

oung kwak

3/16" - 1'

SP

04001

__Paper Size:

Ansi B

11x17 inches

Units:

Imperial

inches

Stamp:

SITE PLAN 4

Drawing N

ame:

Ow

ner:M

r Raffic and Mrs Bibi M

.

Project Nam

e:

Nov.11 2012

Simple

Drafting

95 Flushing Ave. Vaughan ON

L4L 8H7

A373/12NEW Received November 14, 2012

providel

SEE REVISED

Page 1 of 2

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

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

DATE:

November 26, 2012

TO:

Todd Coles, Committee of Adjustment

FROM:

Grant Uyeyama, Director of Development Planning Development Planning Department

MEETING DATE:

December 6, 2012

OWNER: Raffic & Bibi Mohamed FILE(S): A373/12 Location:

95 Flushing Avenue, Woodbridge Ward 3, Vicinity of Rutherford Road and Weston Road

Proposal:

The Owner is requesting permission to maintain a shed, gazebo, pergola and A/C unit with the following variances:

Variance Proposed Required 1 Maximum area of shed 22.4m2 10m2 2 Maximum height of shed 2.7m 2.5m 3 Minimum rear yard setback to shed 0.82m 7.5m 4 Maximum rear yard eaves

encroachment for shed 0.53m 0.3m

5 Maximum southerly interior side yard eaves encroachment for shed

0.34m 0.3m

6 Minimum southerly interior side yard setback to shed

0.91m 1.5m

7 Maximum area of gazebo 16.64m2 10m2 8 Maximum height of gazebo 3.22m 2.5m 9 Minimum rear yard setback to

gazebo 2.87m 7.5m

10 Minimum rear yard setback to pergola (setback distance equal to its height)

0.3m 2.2m

11 Minimum interior side yard setback to A/C unit

0.67m 1.2m

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:

The Development Planning Department conducted a site visit with photo documentation on November 20, 2012. The subject lands are developed with a two-storey single detached dwelling located on the west side of Flushing Avenue. The Development Planning Department has no objections to the height, area and location of the existing shed and gazebo. The shed and gazebo, as-built, are consistent with the massing and scale of the surrounding neighbourhood. In addition, adjacent properties to the south and west have constructed sheds similar in location and height. The gazebo is an unenclosed structure that provides minimal visual impact on abutting properties. The pergola, as-built, is an open and unenclosed structure located adjacent to a shed in the rear yard of the abutting

RECEIVED November 26, 2012 VAUGHAN COMMITTEE OF

ADJUSTMENT

Page 2 of 2

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

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

property to the west. On this basis, the Development Planning Department has no objections to the height or location of the pergola. 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 A373/12.

Condition(s):

None.

Report Prepared By: Mark Antoine, Planner 1 Carmela Marrelli, Senior Planner

* Comments are based on the review of documentation supplied with this application.

2141 Major Mackenzie Drive Vaughan, Ontario Canada L6A 1T1 Tel (905) 832-2281

To: Committee of Adjustment From: Moira Coughlan, Building Standards Department Date: November 7, 2012 Name of Owner: Raffic & Bibi Mohamed Location: 95 Flushing Ave Lot 143 65M-2701 File No.(s): A373/12 Zoning Classification:

The subject lands are zoned R2, Residential Zone and subject to the provisions of Exception 9(769) under By-law 1-88 as amended.

Proposal:

1. To maintain a maximum 22.4m2 accessory structure (shed). 2. To maintain a maximum accessory structure height of 2.7 m (shed). 3. To maintain a minimum rear yard setback of 0.82m for the shed. 4. To maintain a minimum south interior side yard setback of 0.91m for the shed. 5. To maintain a maximum 16.64m2 accessory structure (gazebo). 6. To maintain a maximum accessory structure height of 3.22m (gazebo). 7. To maintain a minimum rear yard setback of 2.87m for the gazebo. 8. To maintain a minimum rear yard setback of 0.3m for the pergola. 9. To maintain a minimum interior side yard setback of 0.67m for the A/C unit. 10. To maintain rear yard eaves encroachment of 0.53m for the shed. 11. To maintain southerly interior side yard eaves encroachment of 0.34m for the shed.

By-Law Requirements:

1. A maximum accessory structure of 10m2 is permitted (shed). 2. A maximum height of 2.5m is permitted for an accessory structure (shed). 3. A minimum rear yard setback of 7.5m is required for the shed. 4. A minimum interior side yard setback of 1.5m is required for the shed. 5. A maximum accessory structure of 10m2 is permitted (gazebo). 6. A maximum height of 2.5m is permitted for an accessory structure (gazebo). 7. A minimum rear yard setback of 7.5m is required for the gazebo. 8. A minimum rear yard setback of 2.2m is required for the pergola (equal to the height). 9. A minimum interior side yard setback of 1.2 m is required for the A/C unit. 10. A maximum rear yard eaves encroachment of 0.3m is permitted for the shed. 11. A maximum interior side yard eaves encroachment of 0.3m is permitted for the shed.

Staff Comments: Stop Work Orders and Orders to Comply:

Order to comply #12-635 for gazebo in rear yard and front porch balcony built without a permit.

Building Permits Issued:

A building permit application has been received for balcony, shed and gazebo #12-4539. Other Comments:

1) As the eaves exceed 0.3m, the area of the shed has been calculated to include the overhang.

2) Calculations have been based on the drawings provided for building permit application #12-4539.

3) Applicant has informed staff verbally of pergola height, no drawings were provided. 4) The applicant shall be advised that additional variances may be required upon review

of detailed drawings for building permit/site plan approval.

Conditions of Approval:

If the committee finds merit in the application, the following conditions of approval are recommended. None

RECEIVED

November 9, 2012 VAUGHAN COMMITTEE

OF ADJUSTMENT

O:\Committee of Adjustment - Development Services\00 Electronic Documents\Building Comments\A373 12 Engineering comments.doc

DATE: November 28, 2012

TO: Todd Coles, Committee of Adjustment FROM: Nadia Porukova, Development/Transportation Engineering MEETING DATE: December 6, 2012 OWNER: Raffic and Bibi Mohamed FILE(S): Minor Variance Application A373/12

Location: 95 Flushing Avenue Proposal: 1. To maintain a maximum 22.4m2 accessory structure (shed). 2. To maintain a maximum accessory structure height of 2.7m

(shed). 3. To maintain a minimum rear yard setback of 0.82m for the

shed. 4. To maintain a minimum south interior side yard setback of

0.91m for the shed. 5. To maintain a maximum 16.64m2 accessory structure (gazebo). 6. To maintain a maximum accessory structure height of 3.22m

(gazebo). 7. To maintain a minimum rear yard setback of 2.87m for the

gazebo. 8. To maintain a minimum rear yard setback of 0.3m for the

pergola. 9. To maintain a minimum interior side yard setback of 0.67m for

the A/C unit. 10. To maintain rear yard eaves encroachment of 0.53m for the

shed. 11. To maintain southerly interior side yard eaves encroachment

of 0.34m for the shed. Comments: The Development/Transportation Engineering Department

conducted site visit on November 26, 2012. The existing concrete pad of the shed has 0m rear yard setback and 0m south side yard setback. A timber retaining wall has been constructed along the west property line with north and south returns. Both the concrete pad of the shed and the retaining wall are encroaching onto a shared drainage swale. As a result, drainage from adjacent properties may be adversely affected. The Development/ Transportation Engineering Department requires that a minimum side yard setback of 0.6m is provided to the concrete pad of the shed and retaining wall for a drainage swale to the satisfaction of the Development/Transportation Engineering Department. Also, the excess fill located on the south property line needs to be removed off-site and the area should be graded and sodded to meet the existing elevations. The location of the gazebo, pergola and the air conditioning unit will not interfere with the approved drainage pattern.

Conditions: A minimum side yard setback of 0.6m to be provided to the

concrete pad of the shed and retaining wall for a drainage swale to the satisfaction of the Development/Transportation Engineering Department. The excess fill located on the south property line to be removed off-site and the area to be graded and sodded to the satisfaction of the Development/Transportation Engineering Department.

RECEIVED November 28, 2012 VAUGHAN COMMITTEE OF

ADJUSTMENT