Staff Report Summary Item #16

Transcription

1 File: A189/17 Staff Report Summary Item #16 Ward #4 Applicant: Address: Agent: Furio & Maria Liberatore 7 Princess Isabella Court, Maple None Please note that comments received after the preparation of this Staff Report (up until 12:00 p.m. on the scheduled hearing date) will be provided as an addendum. Commenting Department Committee of Adjustment Building Standards Development Planning Development Engineering Parks Department By-law & Compliance Financial Planning & Development Fire Department TRCA Region of York Alectra (Formerly PowerStream) Public Correspondence (see Schedule B) Positive Comment Negative Comment Condition(s) Adjournment History: June 22, 2017 & August 3, 2017 Background History: None Staff Report Prepared By: Pravina Attwala

2 Staff Report A189/17 Page 2 Minor Variance Application Agenda Item: 16 A189/17 Ward: 4 Staff Report Prepared By: Pravina Attwala, Assistant Secretary Treasurer Date of Hearing: Thursday, November 2, 2017 Applicant: Agent: Property: Zoning: OP Designation: Related Files: Purpose: Furio & Maria Liberatore None 7 Princess Isabella Court, Maple ON The subject lands are zoned RD3 & OS5 and subject to the provisions of Exception 9(1228) under By-law 1-88 as amended VOP 2010: "Low-Rise Residential". The proposal conforms to the policies of the Official Plan. None To permit the maintenance of a shed and air-conditioning unit as follows: The following variances are being requested from By-Law 1-88, as amended, to accommodate the above proposal: By-law Requirement 1) The by-law does not permit structures to be erected in OS5 land 2) The minimum interior side yard setback for an air conditioner unit is 1.2 metres. Proposal 1) An accessory building to be located within the OS5 portion of the property, as illustrated on the application drawings 2) An interior side yard setback of 0.3 metres for an air conditioner. Background (previous applications approved by the Committee on the subject land): None For information on the previous approvals listed above please visit To search for a file number, enter it using quotes around it. For example, A001/17. To search property address, enter street number and street name using quotes. For example, 2141 Major Mackenzie. Do not include street type (i.e. drive). Adjournment History: Hearing Date: Members Absent from Hearing: Status of Adjournment: (i.e. date/sine die) Reason for Adjournment: June 22, 2017 n/a Adjourned to To address TRCA and Planning concerns August 3 regarding structure located within OS5 land. August 3, 2017 n/a November 2 Additional time for consultation with TRCA Staff & Agency Comments Please note that comments received after the preparation of this Staff Report (up until 12:00 p.m. on the scheduled hearing date) will be provided as an addendum. Committee of Adjustment: Public notice was mailed on June 7, 2017 Applicant confirmed posting of signage on October 23, 2017 Property Information Existing Structures Dwelling June 2007 Shed June 2012 Year Constructed

3 Staff Report A189/17 Page 3 Applicant has advised that they cannot comply with By-law for the following reason(s): I was not able to comply with the by-law because, my back yard is only 9.2 m deep and a 3.5 m set back my shed would be set on my patio. Building Standards (Zoning Review): There are no outstanding Orders on file. A Building Permit has not been issued. The Ontario Building Code requires a building permit for structures that exceed 10m2 The applicant shall be advised that additional variances may be required upon review of detailed drawing for building permit/site plan approval. The subject lands may be subject to the Oak Ridges Moraine Conservation Act, RSO Please note Section 4.1.1(b) that states the maximum height of an accessory building or 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. Development Planning: Official Plan: VOP 2010: "Low-Rise Residential". The proposal conforms to the policies of the Official Plan. The Owner is requesting permission to maintain an existing accessory structure (shed) and A/C unit with the above noted variances. Development Planning staff conducted a site visit of the property on June 12, The existing shed is located within a portion of the property zoned OS5 Open Space Environmental Protection Zone which is intended to create a buffer between the residential development and adjacent lands to the south containing natural features. The OS5 Zoning designation does not permit accessory structures to be located on OS5 lands. The Development Planning Department is of the opinion that variance #1 does not maintain the general intent and purpose of the Zoning By-law. The A/C unit is wall mounted and located within the interior side yard, and will not have any adverse visual impacts to neighbouring properties or the streetscape. Development Planning staff have no concern with the variance to reduce the interior side yard to the A/C unit. The Development Planning Department is of the opinion that variance #2 is minor in nature, maintains the general intent and purpose of the Zoning By-law, and is desirable for the appropriate development of the land. The Development Planning Department recommends refusal of variance #1 and recommends approval of variance #2. Development Engineering & Infrastructure Planning (DEIP): The Development Engineering and Infrastructure Planning Department does not object to the listed variance requests and offers the following comments: Variance request #1: Although the accessory building is constructed 0.3m from the rear lot line and 0.6m from the side yard lot line, it is located at the low-end of the rear lot cross-drainage. This indicates minimal impact to the neighbouring property to the east. The subject lot is back-to-front draining, indicating minimal impact to the surrounding area as well. Variance request #2: The A/C unit shall remain elevated to promote adequate drainage. Parks Development: No Response. By-Law and Compliance, Licensing and Permit Services: No Response. Financial Planning and Development Finance: No comments or conditions Fire Department: No comments or conditions

4 Staff Report A189/17 Page 4 Schedule A Plans & Sketches Schedule B Public Correspondence Letter of Objection dated October 16, 2017 from Matthew Di Vona, Davies Howe Schedule C - Agency Comments Alectra (Formerly PowerStream) No concerns or objections Region of York No concerns or objections TRCA Updated comments received October 25, 2017 (Accessory Structures not permitted in an OS5 zone) Schedule D - Previous Approvals (Notice of Decision) None Staff Recommendations: Staff and outside agencies (i.e. TRCA) act as advisory bodies to the Committee of Adjustment. Comments received are provided in the form of recommendations to assist the Committee. The Planning Act sets the criteria for authorizing minor variances to the City of Vaughan s Zoning By-law. Accordingly, review of the application considers the following: That the general intent and purpose of the by-law will be maintained. That the general intent and purpose of the official plan will be maintained. That the requested variance(s) is/are acceptable for the appropriate development of the subject lands. That the requested variance(s) is/are minor in nature. Should the Committee find it appropriate to approve this application in accordance with request and the sketch submitted with the application as required by Ontario Regulation 200/96, the following conditions have been recommended: 1 TRCA Anthony Syhlonyk The applicant submits the variance application fee of $ payable to the Toronto and Region Conservation Authority x 5272 asyhlonyk@trca.on.ca Conditions It is the responsibility of the owner/applicant and/or authorized agent to obtain and provide a clearance letter from respective department and/or agency. This letter must be provided to the Secretary-Treasurer to be finalized. All conditions must be cleared prior to the issuance of a Building Permit. Notice to the Applicant Development Charges That the payment of the Regional Development Charge, if required, 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. That the payment of the City Development Charge, if required, 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. That the payment of the Education Development Charge if required, 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 That the payment of Special Area Development charge, if required, is payable to the City of Vaughan before issuance of a building permit in accordance with the Development Charges Act and The City's Development Charge By-law in effect at the time of Building permit issuance to the satisfaction of the Reserves/Capital Department;

5 Staff Report A189/17 Page 5 Notice to Public WRITTEN SUBMISSIONS: Any person who supports or opposes this application, but is unable to attend the hearing, may make a written submission, together with reasons for support or opposition, which must be delivered no later than 12:00 p.m. on the scheduled public hearing date. Written submissions can be mailed and/or ed to: City of Vaughan Committee of Adjustment 2141 Major Mackenzie Drive, Vaughan, ON L6A 1T1 CofA@vaughan.ca ORAL SUBMISSIONS: If you wish to attend the meeting you will be given an opportunity to make an oral submission. Presentations to the Committee are generally limited to 5 minutes in length. Please note that Committee of Adjustment meetings are audio recorded. Your name, address comments and any other personal information will form part of the public record pertaining to this application. PUBLIC RECORD: Personal information is collected under the authority of the Municipal Act, the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA), the Planning Act and all other relevant legislation, and will be used to assist in deciding on this matter. All personal information (as defined by MFIPPA), including (but not limited to) names, addresses, opinions and comments collected will become property of the City of Vaughan, will be made available for public disclosure (including being posted on the internet) and will be used to assist the Committee of Adjustment and staff to process this application. NOTICE OF DECISION: If you wish to be notified of the decision in respect to this application or a related Ontario Municipal Board (OMB) hearing you must complete a Request for Decision form and submit to the Secretary Treasurer (ask staff for details). In the absence of a written request to be notified of the Committee s decision you will not receive notice. For further information please contact the City of Vaughan, Committee of Adjustment T Extension 8002 E CofA@vaughan.ca

6 Staff Report A189/17 Page 6 Schedule A: Plans & Sketches Please note that the correspondence listed in Schedule A is not comprehensive. Plans & sketches received after the preparation of this staff report will be provided as an addendum. Correspondence will only be accepted until 12:00 p.m. on the date of the scheduled hearing. Location Map Sketches submitted with application

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8 Location Map - A189/17 7 Priness Isabella Court, Maple ± City of Vaughan 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.

9 Staff Report A189/17 Page 7 Schedule B: Public Correspondence Received Please note that the correspondence listed in Schedule B is not comprehensive. Written submissions received after the preparation of this staff report will be provided as an addendum. Written submissions from the public will only be accepted / processed until 12:00 p.m. on the date of the scheduled hearing. Letter of Objection dated October 16, 2017 from Matthew Di Vona, Davies Howe

10 Attwala, Pravina Subject: FW: A189/17 & A190/17-1 and 7 Princess Isabella (703382) From: Matthew A. Di Vona [mailto:matthewd@davieshowe.com] Sent: October :21 PM To: Attwala, Pravina <Pravina.Attwala@vaughan.ca> Subject: RE: A189/17 & A190/17 1 and 7 Princess Isabella (703382) Dear Ms. Attwala We are counsel to Dufferin Vistas Ltd., the owner of lands at 230 Grand Trunk, immediately adjacent to the subject properties. Our client objects to the variances to permit the offending structures. It is imperative that the Committee make a decision on this matters at its upcoming meeting. The variances being sought relate to existing structures that were built without the necessary permissions; therefore, these structures are illegal and not in compliance with the Planning Act. As such, the Committee should make a decision on this matter as soon as possible, and should not allow a further adjournment. Unfortunately, I will not be able to attend the Committee meeting on November 2, 2017, in order to speak to this matter. Please forward this to the Committee s attention. Kind regards, Matthew Di Vona Davies Howe LLP The Tenth Floor 425 Adelaide Street West Toronto, Ontario M5V 3C This message may contain confidential or privileged information. No rights to privilege have been waived. Any use or reproduction of the information in this communication by persons other than those to whom it was supposed to be sent is prohibited. If you received this message in error, please reply to the sender by and destroy all copies of this message. 1

11 Staff Report A189/17 Page 8 Schedule C: Agency Comments Please note that the correspondence listed in Schedule C is not comprehensive. Comments received after the preparation of this staff report will be provided as an addendum. Correspondence will only be accepted until 12:00 p.m. on the date of the scheduled hearing. Alectra (Formerly PowerStream) No concerns or objections Region of York No concerns or objections TRCA Updated comments received October 25, 2017 (Accessory Structures not permitted in an OS5 zone).

12 COMMENTS: Alectra Utilities (formerly 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 Alectra 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 Alectra 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@alectrautilities.com tony.donofrio@alectrautilities.com 2

13 Attwala, Pravina Subject: Attachments: FW: A189/17-7 Princess Isabella Court, Variance, Vaughan A Circulation.pdf From: Hurst, Gabriellee [mailto:gabrielle.hurst@york.ca] Sent: June Attwala, Pravina; MacPherson, Adriana; Providence, Lenoree Subject: FW: A189/17-7 Princess Isabellaa Court, Variance, Vaughan Good Afternoon Pravina, The Regional Municipality of York has completed its review of the above Minor Variance application and has no 3:16 PM To: objection. Regards, Gabrielle Hurst M MCIP. RPP. C.Tech Programs and Process Improvement Planning and Economic Development Branch Corporate Services The Regional Municipality of York Yonge Street Newmarket, ON L3Y 6Z1 O ext gabrielle.hurst@york..ca Our Values: Integrity, Commitment, Accountability, Respect, Excellence 1

14 June 15, 2017 CFN BY Ms. Christine Vigneault Secretary Treasurer Committee of Adjustment City of Vaughan 2141 Major Mackenzie Drive Vaughan, Ontario L6A 1T1 Dear Ms. Vigneault: Re: Minor Variance Application A189/17 7 Princess Isabella Court Part of Lot 17, Concession 3 (Lot 13, Registered Plan 65M-4068) City of Vaughan Furio and Maria Liberatore This letter will acknowledge receipt of the above noted application in the City of Vaughan, by the TRCA on June 1, Toronto and Region Conservation Authority (TRCA) staff has reviewed the application and offers the following comments. Background It is our understanding that the purpose of the above-noted application is to request the following variances: 1. To permit an accessory building to be located within the OS5 portion of the property whereas the by-law does not permit structures to be erected in OS5 Land. 2. To permit an interior side yard setback of 0.3m for an air conditioner whereas the minimum interior side yard setback for an air conditioner is 1.2m. It is the understanding of TRCA staff that the requested variances are required to bring an existing shed into conformance. Applicable Policies and Regulations Ontario Regulation 166/06: The subject lands are located partially within the TRCA s Regulated Area of the Don River Watershed due to its proximity to a valley feature to the south of the property. In accordance with the Ontario Regulation 166/06 (Regulation of Development, interference with Wetlands and Alterations to Shorelines and Watercourses), development, interference or alteration may be permitted in the Regulated Area where it can be demonstrated to TRCA s satisfaction that the control of flooding, erosion, dynamic beaches, pollution, or the conservation of land will not be affected. In this regard, TRCA must be contacted prior to any works taking place in the Regulated Area. Living City Policies (LCP): In addition, The Living Policies for Planning and Development in the Watersheds of the Toronto and Region Conservation Authority (LCP) describes a Natural System made up of natural features and areas, water resources, natural hazards, potential natural cover and/or buffers. The LCP recommends that development is not permitted within the Natural System and that it be conveyed into public ownership for its long term protection and enhancement. The LCP also provides policies for developing adjacent to, and in, the Natural System (where permitted), while meeting natural hazard management requirements, and maintaining and enhancing the functions of the protected Natural System. These policies also seek to integrate the natural and built environments, maximizing opportunities for ecosystem services from across the entire landscape. It is these policies that guide TRCA s review of the subject application, along with those found in other Provincial and municipal plans, documents and guidelines. Fees By copy of this letter, the applicant is advised that the TRCA has implemented a fee schedule for our planning application review services. This application is subject to a $ (minor) review fee. The applicant is responsible for fee payment and should forward the application fee to this office as soon as possible. Recommendations The subject property is regulated due to its proximity to a valley feature to the south. TRCA staff recommends denial of the above noted Minor Variance application as the placement of structures and accessory structures is not permitted within an OS5 zone adjacent to a valley feature. However, as the City of Vaughan is the ultimate approval authority for zoning related matters, TRCA defers to them on zoning conformity issues.

15 Ms. Vigneault 2 June 15, 2017 Conclusion We thank you for the opportunity to review the subject application and provide our comments as per our commenting and regulatory role. Further, we trust these comments are of assistance. TRCA will continue to work closely with the City of Vaughan, the applicant, and their consultants to ensure that TRCA s expectations for meeting comments are met. Should you have any additional questions or comments, please do not hesitate to contact the undersigned. Sincerely, Anthony Syhlonyk Planner I Planning and Development Extension 5272 AS/cb

16 Attwala, Pravina Subject: FW: A189/17-7 Isaballa Ct. & A190/17-1 Isabella Ct. From: Anthony Syhlonyk Sent: October :21 PM To: Attwala, Pravina Cc: Vigneault, Christine Subject: Re: A189/17 7 Isaballa Ct. & A190/17 1 Isabella Ct. Hello Pravina, TRCA will not be providing modified comments on application A189/17. Our stance that accessory structures not be permitted within an OS5 zone adjacent to a valley feature remains. However, the applicant behind A189/17 has reached out to TRCA and due to the age of the structure, TRCA will not be requesting it's removal. Regarding A190/17, our screening mapping for this area has not yet been updated to show either of these properties as regulated. It appears that whomever screened the application originally did not have the file history with the property to the south that I do, and did not flag it for review at the time. Having reviewed this application now, TRCA's views would be the same as those for A189/17, that accessory structures not be permitted in an OS5 zone. For any future applications in this area going forward, it is TRCA's view that accessory structures should remain outside of the OS5 zone. Apologies for any confusion, if you have any questions please let me know. Regards, Anthony Syhlonyk, MPlan. Planner I, Planning and Development, Western York Region Toronto and Region Conservation Authority Tel: ext Fax: asyhlonyk@trca.on.ca Head Office location & courier address: 101 Exchange Avenue, Vaughan, ON, L4K 5R6 Mailing address: 5 Shoreham Drive, Downsview, ON, M3N 1S4 From: "Attwala, Pravina" <Pravina.Attwala@vaughan.ca> To: "'Anthony Syhlonyk'" <asyhlonyk@trca.on.ca> Cc: "Vigneault, Christine" <Christine.Vigneault@vaughan.ca> Date: 10/25/ :11 PM Subject: A189/17-7 Isaballa Ct. & A190/17-1 Isabella Ct. 1