thursday june 8, 2000 · 2016-05-07 · a8/00 - the applicant is requesting a variance to...
TRANSCRIPT
Cont’d... CONSENT PUBLIC HEARING: 7. FILE NO. B50/00 TO B53/00 to ACUMEN INVESTMENTS LTD. 10.
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The Minutes of the 11th Meeting of the Vaughan Committee of Adjustment
for the year 2000 Thursday JUNE 8, 2000
6:00 p.m. Present at the meeting were: M. Mauti T. DeCicco L. Fluxgold K. Hakoda S. Perrella Members of Staff present: Dianne E.L. Grout, Secretary-Treasurer Cathy Schanck, Assistant to the Secretary-Treasurer Odette McIntrye, Assistant to the Secretary-Treasurer Glenn White, Planner Armine Hassakourians, Plans Examiner INTRODUCTION OF ADDENDUM REPORTS MOVED by T. DeCicco Seconded by L. Fluxgold 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 There were no disclosures of pecuniary interest. ADOPTION OR CORRECTION OF MINUTES MOVED by S. Perrella Seconded by K. Hakoda THAT the minutes of the Committee of Adjustment Meeting of May 25, 2000 be adopted as circulated.
CARRIED
ADJOURNMENTS AND/OR DEFERRALS Marous Scoler, Scoler Lee & Associates Architects Inc., the agent, faxed a letter to the Committee requesting that Item # 18, ROYALTON CENTRE INC., File No. A148/00, be ADJOURNED “SINE DIE”., to allow further discussion with their client and the Planning Department. MOVED by L. Fluxgold Seconded by K. Hakoda THAT Item #18, ROYALTON CENTRE INC., File No. A148/00, be ADJOURNED “SINE DIE”.
Cont’d... CONSENT PUBLIC HEARING: 7. FILE NO. B50/00 TO B53/00 to ACUMEN INVESTMENTS LTD. 10.
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CARRIED.
ADMINISTRATIVE CORRECTIONS
MOVED by L. Fluxgold Seconded by K. Hakoda THAT Item # 10, STEELES 400 DEV. CORP., File No. B42/00, be CORRECTED, as follows: Other Planning Act Applications: Consent FILE: B80/99....APPROVED September 9, 1999 ,- CURRENT FILE B42/00 IS REPLACING THIS ONE. NOT: Consent FILE: B80/99....APPROVED September 9, 1999 ,- FILE LAPSED - CURRENT FILE B42/00 IS REPLACING THIS ONE. (THE PHRASE FILE LAPSED SHOULD BE DELETED) THAT Item # 11, 1283247 ONTARIO LIMITED, File No. B49/00, be CORRECTED, as follows: By-law 1-88, zone this parcel “C1" Restricted Commercial. ( As revised by Building Standards - May 25, 2000.) NOT: By-law 1-88, zones this parcel “C3" Local Commercial. CARRIED. CONSENT & MINOR VARIANCE PUBLIC HEARING (Previously adjourned items) 1. FILE NOS. B11/00 and A8/00 & GEORGE & RACHEL HAKOUN 2.
LOCATION
Lot 20, Registered Plan 3319, (Part of Lot 29, Concession 1), municipally known as 144 Arnold Avenue.
PROPOSALS B11/00 - The purpose of the 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 residential purposes and retain the other portion of the land for residential purposes.
The subject land is currently vacant. There is a single family dwelling located on the retained land. There is a single family dwelling proposed for the subject land.
By-law 1-88 zones the subject is zoned “R2-H” Residential with a Holding provision and the retained land is zoned "R1V" Old Village Residential.
COMMITTEE OF ADJUSTMENT MINUTES JUNE 8, 2000
Cont’d... CONSENT PUBLIC HEARING: 7. FILE NO. B50/00 TO B53/00 to ACUMEN INVESTMENTS LTD. 10.
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A8/00 - The applicant is requesting a variance to facilitate the severance of the total lands (File No. B11/00 subject land) to create a new lot for the purpose of building one single family detached dwelling at some future date, notwithstanding, the frontage will be 11.75m, rather than the By-law requires the frontage to be 15.0m.
Peter Weston, from Weston Consulting Group Inc., the agent, appeared on behalf of the applicant and had nothing to add regarding the request.
COMMITTEE OF ADJUSTMENT MINUTES JUNE 8, 2000
Cont’d... CONSENT PUBLIC HEARING: 7. FILE NO. B50/00 TO B53/00 to ACUMEN INVESTMENTS LTD. 10.
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CONSENT & MINOR VARIANCE PUBLIC HEARING (Previously adjourned items) 1. FILE NOS. B11/00 and A8/00 & GEORGE & RACHEL HAKOUN Cont’d 2.
Mr. Martin Zimmerman, 18 Clark Avenue west, Unit 69, Thornhill, L4J 8H1, sent a fax requesting notification of the decision. Mr. Zimmerman did not come forward during the meeting.
A fax was received from Mr. Joe Wade, 138 Arnold Avenue, Thornhill, L3T 3N3, stating he strongly opposes the applications if they were to hinder and restrict the future extension of Pondview Road eastwardly. 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 of approval are listed below. MOVED by L. Fluxgold Seconded by K. Hakoda
THAT Application NO. B11/00 - GEORGE AND RACHEL HAKOUN, be APPROVED, subject to the following conditions:
1. Payment to the City of Vaughan of a Tree Fee if required, approved by Council as of the
date of granting the consent. Payment is to be made by certified cheque, to the satisfaction of the Finance Department and Parks Department;
2. That the owner shall pay all taxes as levied, if required, to the satisfaction of the Finance
Department; (contact Linda Nelson in the Finance Department to have this condition cleared).
3. The applicant shall provide the City of Vaughan with an appraisal report and valuation of
the subject land, (land only) to be prepared by an accredited appraiser, if required. Payment of a Parkland levy to the City in lieu of the deeding of land for park purposes shall be made if a new lot is being created. Said levy is to be ( 5%) of the appraised market value of the subject land as of the date of the Committee of Adjustment giving notice to the Applicant of the herein decision. Said levy shall be approved by the Manager of Real Estate. Payment shall be made by certified cheque only.
4. That the Application A8/00 be approved and in full force and effect, if required, to the
satisfaction of the Building Standards Department;
5. That the subject land must have frontage on a public street, if required, to the satisfaction of the Building Standards Department;
6. That the applicant conveys to the City of Vaughan all necessary land required for the
construction of Pondview Road, if required, to the satisfaction of the Planning Department;
7. That the owner is required to be a part of the development agreement between “CCCCC Investment Corporation and The City of Vaughan”. This agreement was signed by the parties on January 4, 2000 and has a clause which provides the inclusion of this owner to
COMMITTEE OF ADJUSTMENT MINUTES JUNE 8, 2000
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participate by the way of the amending the said agreement. The owner is also required to convey the required lands for the future extension of the road to the satisfaction of the City as well as pay ½ the costs of the construction of the said road, if required, to the satisfaction of the Engineering Department;
COMMITTEE OF ADJUSTMENT MINUTES JUNE 8, 2000
CONSENT & MINOR VARIANCE PUBLIC HEARING (Previously adjourned items) 1. FILE NOS. B11/00 and A8/00 & GEORGE & RACHEL HAKOUN Cont’d 2.
8. That the applicant be responsible for providing a tree fee of $260.00 for (1) boulevard trees on the severed lands, if required, to the satisfaction of the Urban Design Department;
9. 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;
10. Upon fulfilling and complying with all of the above-noted conditions, and only if required, the
Secretary-Treasurer of the Committee of Adjustment must be provided with three (3) copies of the Transfer/Deed of Land for the subject land to be stamped accordingly; or may provide a Certificate to the Applicant stating the Consent has been given in certain cases;
11. Prior to the issuance of a building permit, if required, the applicant shall fulfill and comply
with all of the above noted consent conditions;
12. Pursuant to Section 53(20) of the Planning Act, the applicant shall have a period of one year from the date of the Committee of Adjustment giving Notice of the herein Decision to the Applicant to fulfill and comply with all of the (above-noted) conditions, if required, of Consent, failing which the application for consent shall thereupon deem to be refused;
PLEASE NOTE:
1. That the payment of the Regional Development Charge is payable to the City of Vaughan
before issuance of a building permit in accordance with the Development Charges Act and the Regional Development Charges By-law in effect at the time of payment.
2. That the payment of the City Development Charge is payable to the City of Vaughan before issuance of a building permit in accordance with the Development Charges Act and the City's Development Charges By-law in effect at the time of payment.
3. That the payment of the Education Development Charge is payable to the City of Vaughan
before issuance of a building permit in accordance with the Development Charges Act and the Boards of Education By-laws in effect at the time of payment.
4. That the payment of the Hydro Development Charge is payable to the City of Vaughan
before issuance of a building permit in accordance with the Development Charges Act and Vaughan Hydro’s Development Charge By-law in effect at the time of payment;
5. Prior to the issuance of a building permit, the Community Planning Department will be
satisfied that the residential dwelling indicated on the permit drawings for the subject land will be sited with an interior side yard setback of 3.5m on the west side and a 2.5m interior side yard setback on the east side;
CARRIED
The Committee is of the opinion that the variance sought can be considered minor and is desirable for the appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will be maintained.
MOVED by L. Fluxgold Seconded by K. Hakoda
THAT Application No. A8/00 - GEORGE AND RACHEL HAKOUN, be APPROVED subject to the following conditions:
1. That the Application B11/00 be approved;
COMMITTEE OF ADJUSTMENT MINUTES JUNE 8, 2000
Cont’d... CONSENT PUBLIC HEARING: 7. FILE NO. B50/00 TO B53/00 to ACUMEN INVESTMENTS LTD. 10.
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CONSENT & MINOR VARIANCE PUBLIC HEARING (Previously adjourned items) 1. FILE NOS. B11/00 and A8/00 & GEORGE & RACHEL HAKOUN Cont’d 2.
2. That the applicant conveys to the City of Vaughan all necessary land required for the construction of Pondview Road, if required, to the satisfaction of the Planning Department;
3. That the owner is required to be a part of the development agreement between “CCCCC
Investment Corporation and The City of Vaughan”. This agreement was signed by the parties on January 4, 2000 and has a clause which provides the inclusion of this owner to participate by the way of the amending the said agreement. The owner is also required to convey the required lands for the future extension of the road to the satisfaction of the City as well as pay ½ the costs of the construction of the said road, if required, to the satisfaction of the Engineering Department;
4. That if the conditions listed above are not fulfilled within twelve (12) months of the date this
decision becomes final and binding, the said decision shall expire and shall be deemed to have been annulled and rescinded by the Committee.
PLEASE NOTE:
1. Prior to the issuance of a building permit, the Community Planning Department will be
satisfied that the residential dwelling indicated on the permit drawings for the subject land will be sited with an interior side yard setback of 3.5m on the west side and a 2.5m interior side yard setback on the east side;
CARRIED MINOR VARIANCE PUBLIC HEARING (Previously heard items)
3. FILE NO. A123/00
CLARA NISAN
LOCATION
Lot 56, Registered Plan No. 65M-3195, (Part of Lot 33, Concession 1), municipally known as 111 Sanibel Cres., Thornhill. PROPOSAL
By-law 1-88 zones the subject and retained lands "R1" Residential. The applicant is requesting a variance to permit the construction of a one storey covered and enclosed cabana, to an existing two storey single family detached dwelling, with attached garage, notwithstanding, the rear yard setback will be 2.5m, rather than the by-law requires a rear yard setback of 7.5m.
Greg Nisan, the agent, appeared on behalf of the applicant. He indicated that the application had been revised since his May 11, 200 adjournment. Specifically, the proposed cabana would now have a 2.5m rear yard setback instead of 1.2m as originally proposed. He indicated he had two letters of support from the neighbours at 107 and 113 Sanibel Crescent, on either side of the property.
COMMITTEE OF ADJUSTMENT MINUTES JUNE 8, 2000
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The Committee asked if he met with the neighbours at the rear of the property to which Mr. Nisan explained that there has been no development as yet behind the property.
The Committee expressed concern with the impact for future neighbours in the rear and asked if the cabana could be moved further to which Mr. Nisan replied “No”. He explained moving the cabana would block his view of the pool, and that it would be too close to the stairs.
COMMITTEE OF ADJUSTMENT MINUTES JUNE 8, 2000
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MINOR VARIANCE PUBLIC HEARING (Previously heard items)
3. FILE NO. A123/00 CLARA NISAN Cont’d... Greg Nisan also explained he would plant 7' high cedars as suggested by The Urban Design Department and that they would block the view from any future development in the rear yard . The Committee again expressed concern with the rear yard impact on future neighbours as the proposed cabana would be 15' high and the cedars 7' high, and asked again if the cabana could be moved further to which Mr. Nisan again replied “No”.
The Committee suggested that if the cabana could be moved further and if an 8'ft cedar hedge could be planted, that perhaps this would minimize the impact on future neighbours in the rear. Greg Nisan approached the Committee with a copy of a letter to Brian Kozell, Landscape Planner for the Urban Design and Environment Department, explaining that he would agree with the condition to plant 7' to 8' cedar hedges or junipers a minimum of 2' apart. He stated at this point, his plans could not be revised any further.
The Committee asked again if he would be willing to move the cabana further away from the fence to which Mr. Nisan replied again, “No”, his plans could not be revised any further. There was no one else in attendance either in support of or in opposition to the request. There were no other objections from any Departments or Agencies and any conditions requested are listed below.
The Committee is of the opinion that the variance for the rear yard setback to the cabana can not be considered minor and is not desirable for the appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will not be maintained.
MOVED by L. Fluxgold Seconded by T. DeCicco
THAT Application A123/00, CLARA NISAN, be REFUSED.
RECORDED VOTE
YAYS NAYS
T. De Cicco K. Hakoda L. Fluxgold S. Perrella M. Mauti
CARRIED on a Recorded Vote
MINOR VARIANCE PUBLIC HEARING (Previously heard items) 4. FILE NO. A128/00
PINEGROVE ON ISLINGTON RESIDENCES INC
COMMITTEE OF ADJUSTMENT MINUTES JUNE 8, 2000
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LOCATION
Lot 16, Registered Plan M-1112, (Part of Lots 9 & 10, Concession 7), municipally known as 8387 and 8401 Islington Avenue.
COMMITTEE OF ADJUSTMENT MINUTES JUNE 8, 2000
Cont’d... CONSENT PUBLIC HEARING: 7. FILE NO. B50/00 TO B53/00 to ACUMEN INVESTMENTS LTD. 10.
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MINOR VARIANCE PUBLIC HEARING (Previously heard items) 4. FILE NO. A128/00
PINEGROVE ON ISLINGTON RESIDENCES INC Cont’d...
PROPOSAL
By-law 1-88 zones this parcel "RA3", Apartment Residential. The purpose of this application is to request variances to permit the construction of a fourth floor addition (consisting of four new units), to a three-storey senior residence which is currently under construction, notwithstanding, the number of units will be 51, rather than the By-law requires the maximum number of units to 47; the maximum Gross Floor Area (GFA) will be 4525m2 rather than 4225m2 and there will be 62 parking spaces for 51 units (51 units require an additional 6 spaces) rather than 62 parking spaces required for 47 units. Gregory Seganfreddo, the agent, appeared on behalf of the applicant, and presented a rendering highlighting the fourth floor addition and gave a brief submission regarding the request.
Neil Glass, 6020 Kirby Road, Kleinburg, Ontario, L0J 1C0, appeared in opposition to the request and stated he is the owner of 233, 235, 237, 239 and 241 Pine Grove Road. Mr. Glass expressed concern that the addition would further obstruct the view and that the reduction in parking spaces would create a parking problem.
Eric Wormsbecker, 16 Baycrest Drive, RR#1 Barrie, Ontario, L4M 4Y8, the architect, appeared on behalf of the applicant and referred to the rendering previously presented by Gregory Seganfreddo, the agent for the applicant. He advised that a recent traffic study had been done, based on 59 units and that based on the study, there would be no adverse impact on traffic based on 51 units. This study concluded there would be no different impact from the original site plan. He added that the fourth floor addition would be recessed back and therefore, would not impact the view from the road.
A fax was received from Mr. Barry A. Horosko, Bratty & Partners, Suite 200, 7501 Keele Street, Vaughan, Ontario, L4K 1Y2, solicitors for Hayhoe Mills Limited. His client remains concerned regarding the number of parking spaces, and acknowledged the amendments of the application.
There was no one else in attendance either in support of or in opposition to the request.
There were no other objections from any Departments or Agencies and any conditions requested are listed below. 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 not be maintained.
MOVED by S. Perrella Seconded by K. Hakoda
THAT Application A128/00, PINEGROVE ON ISLINGTON RESIDENCES INC., be APPROVED subject to the following conditions:
1. That the applicant amends the Site Development Agreement, if required, to the satisfaction
of the Building Standards and Planning Departments;
COMMITTEE OF ADJUSTMENT MINUTES JUNE 8, 2000
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2. That the applicant amend the building permit application, if required, to the satisfaction of
the Building Standards Department;
COMMITTEE OF ADJUSTMENT MINUTES JUNE 8, 2000
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MINOR VARIANCE PUBLIC HEARING (Previously heard items) 4. FILE NO. A128/00
PINEGROVE ON ISLINGTON RESIDENCES INC Cont’d...
3. That the variances for the increase in the number of units and reduction in parking spaces are conditional upon the fourth floor being constructed in accordance with the requested variances as shown on the sketches attached forming part of this application, to the satisfaction of the Building Standards Department;
4. That if the conditions listed above are not fulfilled within twelve (12) months of the date this
decision becomes final and binding, the said decision shall expire and shall be deemed to have been annulled and rescinded by the Committee.
CARRIED
CONSENT PUBLIC HEARING: 5. FILE NO. B42/00
STEELES 400 DEVELOPMENT CORP.
LOCATION Parts 1 to 8, Reference Plan 65R-18293, (Part of Lot 1, Concession 5), municipally known as 3400 Steeles Avenue.
PROPOSAL By-law 1-88 zones the subject land "EM3" Retail Warehouse Employment Area, and "C7" Service Commercial. The retained land is zoned "EM3" Retail Warehouse Employment Area. The purpose of the 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 commercial purposes, and retain lands for commercial purposes.
There are three commercial buildings located on the subject land and one motel located on the retained. There are two commercial buildings proposed for the subject and retained land.
Joseph Guzzi, the agent, appeared on behalf of the applicant and stated he had nothing to add.
There was no one in attendance either in support of or in opposition to the request. There were no other objections from any Departments or Agencies and any conditions requested are listed below.
MOVED by S. Perrella Seconded by K. Hakoda THAT Application NO. B42/00, STEELES 400 DEVELOPMENT CORP., be APPROVED, subject to the following conditions:
1. Payment to the City of Vaughan of a Tree Fee if required, approved by Council as of the date of
granting the consent. Payment is to be made by certified cheque, to the satisfaction of the Finance Department and Parks Department;
2. That the owner shall pay all taxes as levied, if required, to the satisfaction of the Finance
Department; (contact Linda Nelson in the Finance Department to have this condition cleared).
3. The applicant shall provide the City of Vaughan with an appraisal report and valuation of the subject land (land only) to be prepared by an accredited appraiser, if required. Payment of a Parkland levy
COMMITTEE OF ADJUSTMENT MINUTES JUNE 8, 2000
Cont’d... CONSENT PUBLIC HEARING: 7. FILE NO. B50/00 TO B53/00 to ACUMEN INVESTMENTS LTD. 10.
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to the City in lieu of the deeding of land for park purposes shall be made if a new lot is being created. Said levy is to be 2% of the appraised market value of the subject land as of the date of the Committee of Adjustment giving notice to the Applicant of the herein decision. Said levy shall be approved by the Manager of Real Estate. Payment shall be made by certified cheque only;
COMMITTEE OF ADJUSTMENT MINUTES JUNE 8, 2000
Cont’d... CONSENT PUBLIC HEARING: 7. FILE NO. B50/00 TO B53/00 to ACUMEN INVESTMENTS LTD. 10.
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CONSENT PUBLIC HEARING: 5. FILE NO. B42/00
STEELES 400 DEVELOPMENT CORP. Cont’d...
4. The applicant shall provide a joint servicing agreement for the municipal services mutual to both the parcels of the lands, if required, to the satisfaction of the Engineering Department;
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, and only if required, the
Secretary-Treasurer of the Committee of Adjustment must be provided with three (3) copies of the Transfer/Deed of Land for the subject land to be stamped accordingly; or may provide a Certificate to the Applicant stating the Consent has been given in certain cases;
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 11:30am. that day;
8. Prior to the issuance of a building permit, if required, the applicant shall fulfill and comply with all of the above noted consent conditions;
9. Pursuant to Section 53(20) of the Planning Act, the applicant shall have a period of one
year from the date of the Committee of Adjustment giving Notice of the herein Decision to the Applicant to fulfill and comply with all of the (above-noted) conditions, if required, of Consent, failing which the application for consent shall thereupon deem to be refused;
PLEASE NOTE:
1. That the payment of the Regional Development Charge is payable to the City of Vaughan before issuance of a building permit in accordance with the Development Charges Act and the Regional Development Charges By-law in effect at the time of payment.
2. That the payment of the City Development Charge is payable to the City of Vaughan before
issuance of a building permit in accordance with the Development Charges Act and the City's Development Charges By-law in effect at the time of payment.
3. That the payment of the Education Development Charge is payable to the City of Vaughan
before issuance of a building permit in accordance with the Development Charges Act and the Boards of Education By-laws in effect at the time of payment.
4. That the payment of the Hydro Development Charge is payable to the City of Vaughan
before issuance of a building permit in accordance with the Development Charges Act and Vaughan Hydro’s Development Charge By-law in effect at the time of payment;
COMMITTEE OF ADJUSTMENT MINUTES JUNE 8, 2000
Cont’d... CONSENT PUBLIC HEARING: 7. FILE NO. B50/00 TO B53/00 to ACUMEN INVESTMENTS LTD. 10.
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CARRIED
COMMITTEE OF ADJUSTMENT MINUTES JUNE 8, 2000
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CONSENT PUBLIC HEARING: 6. FILE NO. B49/00
1283247 ONTARIO LIMITED LOCATION
Part of Lot 21, Conc. 4, Municipally known as 2266 Major Mackenzie Drive, Maple. (SHOPPERS DRUG MART) PROPOSAL
By-law 1-88, zones this parcel “C1" Restricted Commercial. The purpose of the application is to request the consent of the Committee of Adjustment grant a lease to (Imasco R.I. Inc.) in excess of 21 years on the parcel of land (the entire subject land) for retail purposes. No lands are to be retained. There is one existing building on the subject land.
Domenic Damiani, the agent, appeared on behalf of the applicant and advised he would answer any questions the Committee had.
There was no one in attendance either in support of or in opposition to the request.
MOVED by K. Hakoda Seconded by S. Perrella
THAT Application NO. B49/00, 1283247 ONTARIO LTD., be APPROVED, subject to the following conditions:
1. That the owner shall pay all taxes as levied, if required, to the satisfaction of the Finance
Department; (contact Linda Nelson in the Finance Department to have this condition 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. 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;
4. Upon fulfilling and complying with all of the above-noted conditions, and only if required, the
Secretary-Treasurer of the Committee of Adjustment must be provided with three (3) copies of the Transfer/Deed of Land for the subject land to be stamped accordingly; or may provide a Certificate to the Applicant stating the Consent has been given in certain cases;
5. 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 11:30am. that day;
6. Prior to the issuance of a building permit, if required, the applicant shall fulfill and comply
with all of the above noted consent conditions;
COMMITTEE OF ADJUSTMENT MINUTES JUNE 8, 2000
Cont’d... CONSENT PUBLIC HEARING: 7. FILE NO. B50/00 TO B53/00 to ACUMEN INVESTMENTS LTD. 10.
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7. Pursuant to Section 53(20) of the Planning Act, the applicant shall have a period of one
year from the date of the Committee of Adjustment giving Notice of the herein Decision to the Applicant to fulfill and comply with all of the (above-noted) conditions, if required, of Consent, failing which the application for consent shall thereupon deem to be refused;
CARRIED.
COMMITTEE OF ADJUSTMENT MINUTES JUNE 8, 2000
Cont’d... CONSENT PUBLIC HEARING: 7. FILE NO. B50/00 TO B53/00 to ACUMEN INVESTMENTS LTD. 10.
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CONSENT PUBLIC HEARING: 7. FILE NO. B50/00 TO B53/00 to ACUMEN INVESTMENTS LTD. 10.
LOCATION
Part 8 of Reference Plan 65R-14284, (Part of Lot 4, Concession 6), municipally located on Auto Park Circle.
PROPOSAL
The purpose of applications B50/00 and B52/00 is to request the consent of the Committee of Adjustment to a convey parcel of land for the creation of a new lot for automotive commercial purposes, together with all required right-of-ways and easements (Part 2 on 65R-14284 & Parts 2-4, 7-9 on 65R14678) and retain the land for automotive commercial purposes.
The purpose of applications B51/00 and B53/00 is to request the consent of the Committee of Adjustment for a partial discharge of mortgage on the subject lands ( B50/00 and B52/00) for automotive commercial purposes, together with all required right-of-ways and easements and retain the land for automotive commercial purposes. Currently both the subject and retained lands are vacant. There is a auto dealership proposed for each of the subject lands. By-law 1-88 zones the subject and retained lands Automotive Commercial Zone “AC”.
Ivano Manias, the agent, appeared on behalf of the applicant and stated he had nothing to add. There was no one in attendance either in support of or in opposition to the request.
There were no objections from any Departments or Agencies and any conditions of approval are listed below.
MOVED by: L. Fluxgold Seconded by S. Perrella
THAT Application Nos. B50/00 & B52/00 , ACUMEN INVESTMENTS LTD., be APPROVED, subject to the following conditions:
1. Payment to the City of Vaughan of a Tree Fee if required, approved by Council as of the
date of granting the consent. Payment is to be made by certified cheque, to the satisfaction of the Finance Department;
2. That the owner shall pay all taxes as levied, if required, to the satisfaction of the Finance
Department; (contact Linda Nelson in the Finance Department to have this condition cleared).
3. The applicant shall provide the City of Vaughan with an appraisal report, if required and
valuation of the subject land (land only) to be prepared by an accredited appraiser, if required. Payment of a Parkland Levy to the City of Vaughan, if required, in lieu of the deeding of land for park purposes shall be made if a new lot is being created. Said levy is to be 2% of the appraised market value of the subject land as of the date of the Committee of Adjustment giving notice to the Applicant of the herein decision. Said levy shall be approved by the Manager of Real Estate. Payment shall be made by certified
COMMITTEE OF ADJUSTMENT MINUTES JUNE 8, 2000
Cont’d... CONSENT PUBLIC HEARING: 7. FILE NO. B50/00 TO B53/00 to ACUMEN INVESTMENTS LTD. 10.
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cheque only; CONSENT PUBLIC HEARING: 7. FILE NO. B50/00 TO B53/00 to ACUMEN INVESTMENTS LTD. Cont’d... 10.
4. That the applicant must submit a detailed Landscape Plan at the time of Site Plan Approval, if required, adhering to the Overall Landscape Plan for this area and matching proposed species of boulevard trees, to the existing boulevard trees, if required, to the satisfaction of the Urban Design Department;
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, and only if required, the
Secretary-Treasurer of the Committee of Adjustment must be provided with three (3) copies of the Transfer/Deed of Land for the subject land to be stamped accordingly; or may provide a Certificate to the Applicant stating the Consent has been given in certain cases;
7. Prior to the issuance of a building permit, if required, the applicant shall fulfill and comply
with all of the above noted consent conditions;
8. Pursuant to Section 53(20) of the Planning Act, the applicant shall have a period of one year from the date of the Committee of Adjustment giving Notice of the herein Decision to the Applicant to fulfill and comply with all of the (above-noted) conditions, if required, of Consent, failing which the application for consent shall thereupon deem to be refused;
PLEASE NOTE:
1. That the payment of the Regional Development Charge is payable to the City of Vaughan
before issuance of a building permit in accordance with the Development Charges Act and the Regional Development Charges By-law in effect at the time of payment.
2. That the payment of the City Development Charge is payable to the City of Vaughan before
issuance of a building permit in accordance with the Development Charges Act and the City's Development Charges By-law in effect at the time of payment.
3. That the payment of the Education Development Charge is payable to the City of Vaughan
before issuance of a building permit in accordance with the Development Charges Act and the Boards of Education By-laws in effect at the time of payment.
4. That the payment of the Hydro Development Charge is payable to the City of Vaughan
before issuance of a building permit in accordance with the Development Charges Act and Vaughan Hydro’s Development Charge By-law in effect at the time of payment;
CARRIED
COMMITTEE OF ADJUSTMENT MINUTES JUNE 8, 2000
Cont’d... CONSENT PUBLIC HEARING: 7. FILE NO. B50/00 TO B53/00 to ACUMEN INVESTMENTS LTD. 10.
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MOVED by: L. Fluxgold Seconded by S. Perrella
THAT Application Nos. B51/00 & B53/00 , ACUMEN INVESTMENTS LTD., be APPROVED, subject to the following conditions:
1. That the applicant must submit a detailed Landscape Plan at the time of Site Plan Approval,
if required, adhering to the Overall Landscape Plan for this area and matching proposed species of boulevard trees, to the existing boulevard trees, if required, to the satisfaction of the Urban Design Department;
COMMITTEE OF ADJUSTMENT MINUTES JUNE 8, 2000
Cont’d... CONSENT PUBLIC HEARING: 7. FILE NO. B50/00 TO B53/00 to ACUMEN INVESTMENTS LTD. 10.
22
CONSENT PUBLIC HEARING: 7. FILE NO. B50/00 TO B53/00 to ACUMEN INVESTMENTS LTD. Cont’d... 10.
2. 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;
3. Upon fulfilling and complying with all of the above-noted conditions, and only if required, the
Secretary-Treasurer of the Committee of Adjustment must be provided with three (3) copies of the Transfer/Deed of Land for the subject land to be stamped accordingly; or may provide a Certificate to the Applicant stating the Consent has been given in certain cases;
4. Prior to the issuance of a building permit, if required, the applicant shall fulfill and comply
with all of the above noted consent conditions;
5. Pursuant to Section 53(20) of the Planning Act, the applicant shall have a period of one year from the date of the Committee of Adjustment giving Notice of the herein Decision to the Applicant to fulfill and comply with all of the (above-noted) conditions, if required, of Consent, failing which the application for consent shall thereupon deem to be refused;
6. 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;
CARRIED
PERMISSION APPLICATION PUBLIC HEARING: 11. FILE NO: A145/00
FRANK SANT
LOCATION Part of Lot 33, Concession 10, municipally known as 11871 Cold Creek Road, Kleinburg.
PROPOSAL
By-law 1-88 zones this parcel “A " Agricultural. The applicant is requesting permission to allow for the replacement of an existing 2nd. dwelling located on the subject lands used for farm help on a lot having an area less than 35 hectares, (original was constructed on piers and the new one will be constructed on foundations), rather than the by-law presently requires a minimum lot size of 35 hectares for 2nd. dwelling used for farm help.
Christine Sante, appeared on behalf of the applicant, and gave a brief submission regarding the request. Ms. Sant is the daughter-in-law of Frank Sante, and also resides at the property. Mr. Sante, the applicant was present in the audience.
Ms. Sant explained that presently they reside in a mobile home and wish to expand.
COMMITTEE OF ADJUSTMENT MINUTES JUNE 8, 2000
Cont’d... CONSENT PUBLIC HEARING: 7. FILE NO. B50/00 TO B53/00 to ACUMEN INVESTMENTS LTD. 10.
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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 of approval are listed below.
COMMITTEE OF ADJUSTMENT MINUTES JUNE 8, 2000
Cont’d... CONSENT PUBLIC HEARING: 7. FILE NO. B50/00 TO B53/00 to ACUMEN INVESTMENTS LTD. 10.
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PERMISSION APPLICATION PUBLIC HEARING: 11. FILE NO: A145/00
FRANK SANT Cont’d...
The Committee is of the opinion that the permission sought can be considered 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 S. Perrella Seconded by K. Hakoda
THAT Application Nos. A145/00 - FRANK SANT, be APPROVED, subject to the following conditions:
1. That the permission to allow for the replacement of an existing 2nd. dwelling on the subject
land used for farm help having an area less than 35 hectares, (2nd. dwelling allowed in a minimum lot size of 35 hectares to be used for farm help), is conditional upon the dwelling being constructed as requested (on foundations), as shown on the attached sketch forming part of this application, to the satisfaction of the Building Standards Department;
2. That if the condition listed above is not fulfilled within twelve (12) months of the date this
decision becomes final and binding, the said decision shall expire and shall be deemed to have been annulled and rescinded by the Committee.
CARRIED
MINOR VARIANCE PUBLIC HEARING: 12. FILE NO. A146/00
HAROLD ZELSMAN
LOCATION Lot 212, Registered Plan 65M-2721, (Part of Lot 8, Concession 2), municipally known as 66 Renaissance Court, Thornhill.
PROPOSAL
By-law 1-88 zones this parcel "R1", Residential. The purpose of this application is to request variances to permit the construction of a proposed enclosed one storey cabana, notwithstanding, the minimum rear yard setback will be 30.0m having an area of 9.10 metres square, minimum interior side yard setback will be 1.0m to a cabana having an area of 9.10 metres square, rather than the By-law requires the minimum rear yard setback to be 35.0m, minimum interior side yard setback to be 2.0m.
Harold Zelsman, the owner, appeared and indicated he had nothing to add.
There was no one in attendance either in support of or in opposition to the request.
COMMITTEE OF ADJUSTMENT MINUTES JUNE 8, 2000
Cont’d... CONSENT PUBLIC HEARING: 7. FILE NO. B50/00 TO B53/00 to ACUMEN INVESTMENTS LTD. 10.
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There were no objections from any Departments or Agencies and any conditions requested are listed below.
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.
COMMITTEE OF ADJUSTMENT MINUTES JUNE 8, 2000
Cont’d... CONSENT PUBLIC HEARING: 7. FILE NO. B50/00 TO B53/00 to ACUMEN INVESTMENTS LTD. 10.
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MINOR VARIANCE PUBLIC HEARING: 12. FILE NO. A146/00
HAROLD ZELSMAN Cont’d...
MOVED by L. Fluxgold Seconded by S. Perrella
THAT Application No. A146/00 - HAROLD ZELSMAN, be APPROVED, subject to the following conditions:
1. That the variances for the reduction of rear yard and interior side yard setbacks are
conditional upon the structure being constructed in accordance with the attached sketch, to the satisfaction of the Building Standards Department.
2. That a Building Permit must be issued for construction of the cabana, if required, to the satisfaction of the Building Standards Department.
3. That the applicant provide upgraded landscaping along the 1.0m setback portion of the
cabana. This will consist of nursery grown Cedars or Junipers, planted 1200mm on centre, if required to the satisfaction of the Urban Design and Environment Department.
4. That if the conditions listed above are not fulfilled within twelve (12) months of the date this
decision becomes final and binding, the said decision shall expire and shall be deemed to have been annulled and rescinded by the Committee.
. CARRIED.
OTHER BUSINESS None.
MOTION TO ADJOURN
MOVED by L. Fluxgold Seconded by K. Hakoda
THAT the meeting of Committee of Adjustment be adjourned at 6:30 p.m., and the next regular meeting will be held on JUNE 22, 2000.
CARRIED.