40 Venetian Crescent, Woodbridge

Transcription

1 File: A274/15 Item # 25 Ward #3 Applicant: CECILIA DE FREITAS Address: Agent: 40 Venetian Crescent, Woodbridge none Comments/Conditions: Commenting Department Comment Condition of Approval Building Standards Development Planning Engineering TRCA PowerStream York Region Planning and Economic Development Branch Letters of support / opposition & Legend: - Positive Comment - Negative Comment Prepared By: Lenore Providence

2 COMMITTEE OF ADJUSTMENT 2141 Major Mackenzie Drive, Vaughan, Ontario, L6A 1T1 Tel [905] Fax [905] NOTICE OF APPLICATION MINOR VARIANCE FILE NUMBER: A274/15 APPLICANT: PROPERTY: ZONING: PURPOSE: PROPOSAL: BY-LAW REQUIREMENT: CECILIA DE FREITAS Part of Lot 8, Concession 6, (Lot 48, Registered Plan 65M-2402), municipally known as 40 Venetian Crescent, Woodbridge. The subject lands are zoned R4, Residential Zone Four, and subject to the provisions of Exception 9(476) under By-law 1-88 as amended. To permit the maintenance of the existing deck and gazebo/hot tub. 1. To permit a minimum rear yard setback of 3.67 metres to the deck. 2. To permit a minimum rear yard setback of 3.67 to the accessory building (gazebo). 3. To permit a minimum rear yard setback of 3.31 metres to the deck step. 1. A minimum rear yard setback of 5.7 metres is required to the deck. 2. A minimum rear yard setback of 7.5 metres is required to the accessory building (gazebo). 3. A minimum rear yard setback of 5.7 metres is required to the deck step. 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, SEPTEMBER 17, 2015 TIME: LOCATION: 6:00 PM COMMITTEE ROOM 242/243 (2 nd 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) /Fax: (905) 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 will be disclosed to any individual (including being posted on the internet) 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) x DATED THIS SEPTEMBER 2, 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: Vaughan.ca/CofA Form 9

3

4 Location Map - A274/15 40 VENETIAN CRESCENT, WOODBRIDGE ± Kilometers The City of Vaughan makes every effort to ensure that this map is free of errors but does not warrant that the map or its features are spatially, tabularly, or temporally accurate or fit for a particular use. This map is provided by the City of Vaughan witthout warranties of any kind, either expressed or implied.

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20 Mr. Todd Coles Secretary-Treasurer Committee of Adjustments City of Vaughan September 9, 2015 Re: File Number A274/15 Dear Mr. Coles: Please accept the following comments in regards to the above file number. Applicant s Works Are Not in Keeping with the Official Plan City of Vaughan Official Plan 2010 classifies the area as low rise residential and part of the existing Woodbridge Community Area. Chapter 2 of the Official Plan defines Community Areas: That Community Areas are considered Stable Areas and therefore Community Areas with existing development are not intended to experience significant physical change. New development that respects and reinforces the existing scale, height, massing, lot pattern, building type, character, form and planned function of the immediate local area is permitted, as set out in the policies in Chapter 9 of this Plan. The Official Plan contemplates incremental change to the area however it seeks to constrain the degree of change: Vaughan s existing Community Areas are characterized by predominantly Low-Rise Residential housing stock, with local amenities including local retail, community facilities, schools and parks, and they provide access to the City s natural heritage and open spaces. The policies of this Plan will protect and strengthen the character of these areas. As the City grows and matures, these Community Areas will remain mostly stable. However, incremental change is expected as a natural part of maturing neighbourhoods. This change will be sensitive to, and respectful of, the existing character of the area. The Applicant is seeking relief from a By-Law that is intended to implement the policies of the Official Plan and ensure change is sensitive and respectful of the existing character of the area. The relief sought is not in keeping with the Official Plan policies of rear yard character and lot coverage. In Chapter 9, Building a Great City, the Official Plan sets out the policies that are to apply to Community Areas: Within the Community Areas there are a number of older, established residential neighbourhoods that are characterized by large lots and/or by their historical, architectural or landscape value. They are also characterized by their substantial rear, front and side yards, and by lot coverages that contribute to expansive amenity areas, which provide opportunities 1

21 for attractive landscape development and streetscapes. Often, these areas are at or near the core of the founding communities of Thornhill, Concord, Kleinburg, Maple and Woodbridge, and may also be part of the respective Heritage Conservation Districts. In order to maintain the character of these areas the following policies shall apply to all developments within these areas (e.g., land severances, zoning by-law amendments and minor variances), based on the current zoning, and guide the preparation of any future City-initiated area specific or comprehensive zoning by-laws affecting these areas. o Lot frontage: In the case of lot creation, new lots should be equal to or exceed the frontages of the adjacent nearby and facing lots; o Lot area: The area of new lots should be consistent with the size of adjacent and nearby lots; o Lot configuration: New lots should respect the existing lotting fabric; o Front yards and exterior side yards: Buildings should maintain the established pattern of setbacks for the neighbourhood to retain a consistent streetscape; o Rear yards: Buildings should maintain the established pattern of setbacks for the neighbourhood to minimize visual intrusion on the adjacent residential lots; o Building heights and massing: Should respect the scale of adjacent residential buildings and any city urban design guidelines prepared for these Community Areas; o Lot coverage: In order to maintain the low density character of these areas and ensure opportunities for generous amenity and landscaping areas, lot coverage consistent with development in the area and as provided for in the zoning by-law is required to regulate the area of the building footprint within the building envelope, as defined by the minimum yard requirements of the zoning by-law. The General Context of the Area The Applicant s property falls within the Woodbridge Character Area and is situated in a low density residential zone. The general context of the area is comprised of generous rear yards composed of grass, gardens, many fruit trees and shade trees. The vast majority of rear yard decks and patios are at grade, proportionate to the size and scale of the rear yards and appear to be well within the provisions of the applicable zoning by-law. These amenities are such that they do not result in the visual intrusion onto adjacent yards. The Applicant s Works The works as constructed by the Applicant are not in keeping with the spirit and intent of the Official Plan, the applicable zoning by-law and the amenities of the surrounding neighbourhood. Specifically, the Applicant s works: o Are affectively an extension of the residence building with several (dining area, two sitting areas and an enclosed hot tub structure) intensive use areas; o Cover nearly 50% of the entire rear yard; o Are composed of hardscape materials and when combined with the other hardscape elements of the landscaping cover (110 sq m of the available rear yard area of 113 sq m) 97% of the rear yard; o Are designed and laid out in such a manner as to result in visual intrusion onto all of the adjacent properties notwithstanding the presence of a 1.95 m fence; o Contain equipment within the accessory structure that generates virtually a year-round nuisance. 2

22 While the both the Planning Act and Zoning By-Law are silent on lot grades, the Planning Act makes reference maintaining established patterns, maintain the low density character, respect of adjacent buildings it is reasonable to conclude then that grading profiles left by the builder and assumed by the municipality are to be respected. In this instance however, the Applicant has established a grade for the southwest area of the rear deck and hot tub that is 0.6 m above the original grade. The height of the deck elevation, combined with its overall width, results in visual intrusion onto all adjacent rear yards. In addition, the height of the accessory building ( gazebo & hot tub ) is totally out of proportion with accessory structures in neighbourhood and is an eye sore. Not In Keeping with As-Constructed Grading Plan and Drainage Swales In 1985 the builder graded the subdivision in keeping with the prevailing standards of the day and in conformance with municipal requirements. Upon review of the as-constructed Grading Plan (65M- 2402), and being satisfied with its observations, the then Town of Vaughan assumed the subdivision. That Grading Plan calls for the lot at 40 Venetian Cres to take the form of a split-drainage lot along the common lot line with 36 Venetian. It also calls for the overall grading pattern of the rear yard to be sloping to the southwest towards the swales at both the west and south property lines. The grading pattern indicated in the Grading Plan has been dramatically altered such that the rear yard is now entirely front sloping (easterly) draining with a bias towards the south side of the property. The Applicant has made no allowance in the built works to carry the water collected and discharge it to the front of the property without it traversing the common lot line and onto the adjacent lower property. Given 97% of the rear yard is hardscape, there is no absorption of collected water and during heavy rains, the amount of water flowing into the area between 40 and 36 Venetian is significant. So much so that it has resulted in one instance (summer 2013) of water seepage in our basement. The first ever such occurrence. The set-backs set out in the By-Law 1-88 for rear yard and accessory allow for a buffer between properties to be maintained. Within this buffer grading and drainage swales can be maintained. The established setbacks in the By-Law should therefore be maintained. Had the Applicant first applied for the required building and grading permits that would otherwise have been associated with works such as those constructed, there would have been an opportunity for City officials to protect both rear and side-yard drainage swales. Given the landscaping was partand-parcel of the works undertaken, and would have been captured in the permitting process, the relief should be denied so as to allow for the reinstatement of the pre-existing grading and drainage features consistent with those of the 65M-2402 grading plan. Moreover, the alteration of the grades has been undertaken in such a shoddy manner by the Applicant that a portion of the fence between 36 and 40 Venetian is substituting for a retaining wall holding back 0.6 m of fill material and is leaning significantly into the interior yard of 36 Venetian Cres. Loss of Enjoyment of Use The Applicant s works, as constructed, have resulted in a significantly diminished or lost enjoyment of use of our property in the following ways: o The construction of a larger sitting area directly behind our home was abandoned due to the overview the Applicant has over our rear yard; 3

23 o o o The opportunity to further utilize our interior side-yard as an alternative to our rear yard, is constrained by zoning limitations such that a recent plan to construct a garden pergola was abandoned; The equipment contained in the Applicant s accessory building generates a regular noise and vibration that precludes opening the windows in the evenings during the spring and fall seasons; We are preoccupied water, redirected from the rear of the Applicant s property, as result of the constructed works, will re-enter our basement during periods of heavy rain which are increasingly frequent and severe. We respectfully request the Committee of Adjustment deny the Applicant s request for relief and maintain the existing provisions of By-Law Sincerely, Fausto & Maria Luisa Natarelli 36 Venetian Cres Woodbridge, Ontario 4

24

25

26

27

28

29

30

31 DATE: September 10, 2015 RECEIVED September 10, 2015 VAUGHAN COMMITTEE OF ADJUSTMENT Page 1 of 1 TO: FROM: Todd Coles, Committee of Adjustment Grant Uyeyama, Director of Development Planning MEETING DATE: September 17, 2015 OWNER: Cecilia DeFreitas FILE(S): A274/15 Location: Proposal: 40 Venetian Crescent, Woodbridge Ward 3, Vicinity of Pine Valley Drive and Langstaff Road The Owner is requesting permission to maintain a deck and accessory structure (gazebo) in the rear yard with the following variances: Variance Proposed Required 1 Minimum rear yard setback to the 3.67 m 5.7 m deck. 2 Minimum rear yard setback to the 3.67 m 7.5 m accessory structure (gazebo). 3 Minimum rear yard setback to the deck step m 5.7 m Official Plan: Comments: The subject lands are designated Low-Rise Residential by City of Vaughan Official Plan 2010 (VOP 2010). The proposal conforms to the policies of the Official Plan. The Planning Department has no concern with Variances #1 and #3. The deck and deck stairs are open and unenclosed which helps to mitigate its visual impact on the abutting neighbour to the rear. The deck, deck stairs, and gazebo are appropriately screened from the abutting neighbour to the rear with a solid wood fence and landscaping. The gazebo, as built, meets the minimum interior side yard setback, size, height, and location requirements stipulated in Zoning By-law On this basis, the Planning Department has no objection to Variance #2. Accordingly, the Planning Department is of the opinion that the proposal is minor in nature, meets the intent of the Zoning Bylaw, and is desirable for the appropriate development of the land. Condition(s): Recommendation: None. The Planning Department supports Minor Variance Application A274/15. Report Prepared By: Letizia V. D Addario, Planner 1 Clement Messere, Senior Planner Development Planning Department I City of Vaughan I 2141 Major Mackenzie Drive I Vaughan, ON L6A 1T1 T: I F: I

32 RECEIVED August 25, 2015 VAUGHAN COMMITTEE OF ADJUSTMENT 2141 Major Mackenzie Drive Vaughan, Ontario Canada L6A 1T1 Tel (905) To: Committee of Adjustment From: Pia Basilone, Building Standards Department Date: August 18, 2015 Name of Owner: Cecilia DeFreitas Location: 40 Venetian Crescent Lot 48, 65M-2402 File No.(s): A274/15 Zoning Classification: The subject lands are zoned R4, Residential Zone Four, and subject to the provisions of Exception 9(476) under By-law 1-88 as amended. Proposal: 1. To permit a minimum rear yard setback of 3.67 metres to the deck. 2. To permit a minimum rear yard setback of 3.67 to the accessory building (gazebo). 3. To permit a minimum rear yard setback of 3.31 metres to the deck step. By-Law Requirements: 1. A minimum rear yard setback of 5.7 metres is required to the deck. 2. A minimum rear yard setback of 7.5 metres is required to the accessory building (gazebo). 3. A minimum rear yard setback of 5.7 metres is required to the deck step. Staff Comments: Stop Work Orders and Orders to Comply: Order-to-Comply # has been issued for construction without obtaining a building permit and is currently active. Building Permits Issued: A building permit has not been issued. The Ontario Building Code requires a building permit for structures that exceed 10m 2. Other Comments: The applicant shall be advised that additional variances may be required upon review of detailed drawings for building permit. Conditions of Approval: If the committee finds merit in the application, the following conditions of approval are recommended. None * Comments are based on the review of documentation supplied with this application.

33 DATE: September 10, 2015 TO: FROM: Todd Coles, Committee of Adjustment Tak Yin Chan Development Engineering & Infrastructure Planning Services MEETING DATE: September 17, 2015 OWNER: CECILIA DE FREITAS FILE(S): A274/15 Location: Proposal: Part of Lot 8, Concession 6, (Lot 48, Registered Plan 65M-2402), municipally known as 40 Venetian Crescent, Woodbridge. 1. To permit a minimum rear yard setback of 3.67 metres to the deck. 2. To permit a minimum rear yard setback of 3.67 to the accessory building (gazebo). 3. To permit a minimum rear yard setback of 3.31 metres to the deck step. By-Law Requirement: 1. A minimum rear yard setback of 5.7 metres is required to the deck. 2. A minimum rear yard setback of 7.5 metres is required to the accessory building (gazebo). 3. A minimum rear yard setback of 5.7 metres is required to the deck step. Comments: Note a staff from Development Engineering and Infrastructure Planning Services Department Inspection & Grading division conducted a site inspection on September 2, 2015 at 40 Venetian Crescent in response to Minor Variance Application A274/15. From the site inspection, the deck has been constructed, and the property grades at 40 Venetian Crescent have no impact to the adjacent neighbors. The rain water and roof discharge are being contain within their boundaries and draining freely to the street. The Development Engineering and Infrastructure Planning Services Department requires a drainage swale to be maintained, which generally requires a 0.6m setback. (Note: Photo documentation is attached.) Accordingly, the Development Engineering and Infrastructure Planning Services Department offers no further comments or objection to Minor Variance Application A274/15. Conditions: None.

34

35

36 Date: August 24, 2015 Attention: RE: Lenore Providence Request for Comments File No.: A274/15 Related Files: Applicant: Location: Cecilia De Freitas 40 Venetian Crescent, Woodbridge 1

37 COMMENTS: PowerStream has received and reviewed the proposed Variance Application. This review, however, does not imply any approval of the project or plan. All proposed billboards, signs, and other structures associated with the project or plan must maintain minimum clearances to the existing overhead or underground electrical distribution system as specified by the applicable standards, codes and acts referenced. In the event that construction commences, and the clearance between any component of the work/structure and the adjacent existing overhead and underground electrical distribution system violates the Occupational Health and Safety Act, the customer will be responsible for 100% of the costs associated with PowerStream making the work area safe. All construction work will be required to stop until the safe limits of approach can be established. In the event construction is completed, and the clearance between the constructed structure and the adjacent existing overhead and underground electrical distribution system violates the any of applicable standards, acts or codes referenced, the customer will be responsible for 100% of PowerStream s cost for any relocation work. References: Ontario Electrical Safety Code, latest edition (Clearance of Conductors from Buildings) Ontario Health and Safety Act, latest edition (Construction Protection) Ontario Building Code, latest edition (Clearance to Buildings) PowerStream (Construction Standard 03-1, 03-4), attached Canadian Standards Association, latest edition (Basic Clearances) If more information is required, please contact either of the following: Mr. Barry N. Stephens Mr. Tony D Onofrio Commercial & Industrial Services Supervisor Supervisor, Subdivisions & New Services Phone: ext Phone: ext Fax: Fax: barry.stephens@powerstream.ca tony.donofrio@powerstream.ca 2

38 3

39 4

40 Providence, Lenore Subject: FW: A274/15 - REQUEST FOR COMMENTS (City of Vaughan committee of Adjustments) RECEIVED AUGUST 24, 2015 Committee of Adjustment From: Hurst, Gabrielle [mailto:gabrielle.hurst@york.ca] Sent: Monday, August 24, :31 PM To: Providence, Lenore Subject: RE: A274/15 - REQUEST FOR COMMENTS (City of Vaughan committee of Adjustments) Good afternoon Lenore, The Region of York has completed its review of the above Minor Variance Application and has no objection. Please contact me If you require any additional information. Regards, Gabrielle Hurst, MCIP. RPP. C.Tech Programs and Process Improvement ext gabrielle.hurst@york.ca 1