44 Kylemount Court, Thornhill. Condition of Approval Building Standards Development Planning Engineering TRCA PowerStream York Region Other -

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1 Item # 10 Ward #5 File: A165/16 Applicant: MARNI DVIR Address: Agent: 44 Kylemount Court, Thornhill. JOE BARBARINO Comments/Conditions: Commenting Department Comment Condition of Approval Building Standards Development Planning Engineering TRCA PowerStream York Region Other - 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: A165/16 APPLICANT: PROPERTY: ZONING: PURPOSE: PROPOSAL: BY-LAW REQUIREMENT: MARNI DVIR Part of Lot 15, Concession 2, (Lot 24, Registered Plan 65M-4401), municipally known as 44 Kylemount Court, Thornhill. The subject lands are zoned RV4, Residential Urban Village Zone Four, subject to Exception 9(1063) under By-law 1-88 as amended. To permit the construction of a proposed pool cabana. 1. To permit an accessory building (pool cabana) to be partially located in the interior side yard. 1. An accessory building (pool cabana) shall be located entirely in the rear yard. 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, MAY 5, 2016 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 APRIL 20, 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

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4 Location Map - A165/16 44 KYLEMOUNT COURT, THORNHILL ± 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.

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15 RECEIVED April 15, 2016 VAUGHAN COMMITTEE OF ADJUSTMENT To: Committee of Adjustment From: Catherine Saluri, Building Standards Department Date: April 15, 2016 Name of Owner: Marni Dvir Location: 44 Kylemount Court Lot 24, Plan 65M Major Mackenzie Drive Vaughan, Ontario Canada L6A 1T1 Tel (905) File No.(s): A165/16 Revised Zoning Classification: Proposal: The subject lands are zoned RV4, Residential Urban Village Zone Four, subject to Exception 9(1063) under By-law 1-88 as amended. 1. To permit an accessory building (pool cabana) to be partially located in the interior side yard. By-Law Requirements: 1. An accessory building (pool cabana) shall be located entirely in the rear yard. Staff Comments: Stop Work Orders and Orders to Comply: There are no outstanding Orders on file. Building Permits Issued: A permit (#16-307), has issued for the construction of an inground pool. A building permit has not been filed for the construction of a pool cabana. A The Ontario Building Code requires a building permit for structures that exceed 10m 2. Other Comments: 1. An A/C unit shall be setback a minimum of 1.2 metres from the interior side lot line; and may encroach a maximum of 1.5 metres into the required rear yard or exterior side yard. 2. 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 * Comments are based on the review of documentation supplied with this application.

16 RECEIVED April 7, 2016 VAUGHAN COMMITTEE OF ADJUSTMENT To: Committee of Adjustment From: Catherine Saluri, Building Standards Department Date: April 7, 2016 Name of Owner: Marni Dvir Location: 44 Kylemount Court Lot 24, Plan 65M Major Mackenzie Drive Vaughan, Ontario Canada L6A 1T1 Tel (905) File No.(s): A165/16 Zoning Classification: Proposal: The subject lands are zoned RV4, Residential Urban Village Zone Four, subject to Exception 9(1063) under By-law 1-88 as amended. 1. To permit an accessory building (pool cabana) to be partially located in the interior side yard. By-Law Requirements: 1. An accessory building (pool cabana) shall be located entirely in the rear yard. Staff Comments: Stop Work Orders and Orders to Comply: There are no outstanding Orders on file. Building Permits Issued: A building permit has been filed for the construction of an inground pool ( #16-307), but has not been issued. A building permit has not been filed for the construction of a pool cabana. A The Ontario Building Code requires a building permit for structures that exceed 10m 2. Other Comments: 1. According to our records, the proposed rear yard setback of 18.5 to the pool cabana appears incorrect. Please reconfirm the proposed rear yard setback. 2. Eaves and gutters shall not project more than 0.5 metres into any required yard. Please confirm if the eaves projection of 0.3 metres identified on the Front Elevation drawing applies to both the interior side and rear yards. 3. 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. Please confirm the height of the pool cabana to the nearest part of the roof. 4. An A/C unit shall be setback a minimum of 1.2 metres from the interior side lot line; and may encroach a maximum of 1.5 metres into the required rear yard or exterior side yard. 5. 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 * Comments are based on the review of documentation supplied with this application.

17 TO: FROM: Todd Coles, Committee of Adjustment Secretary Treasurer Grant Uyeyama, Director of Development Planning FILE: A165/16-44 Kylemount Court, Thornhill. (Ward 5) HEARING DATE: May 5, 2016 DATE: April 28, 2016 Proposed Variance: 1. To permit an accessory building (pool cabana) to be partially located in the interior side yard. By-law Requirement: 1. An accessory building (pool cabana) shall be located entirely in the rear yard. Official Plan: VOP 2010 designation: Low-Rise Residential. The proposal conforms to the Official Plan. Comments: The Owner is proposing to construct a cabana partially within the interior side yard with the variance noted above. The Development Planning Department has no objection to the location of the proposed cabana. The proposed cabana will contain a closed portion, and a covered unenclosed seating area, which will not negatively impact any abutting properties. The proposed cabana conforms to all other setback and height requirements of Zoning By-law The proposed cabana will be screened by an existing 5 foot privacy fence along the property line which minimizes the visual impact from abutting properties. 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 the proposal. Condition(s): None. Comments Prepared by: Natalie Wong, Planner 1 Stephen Lue, Senior Planner Development Planning Department I City of Vaughan I 2141 Major Mackenzie Drive I Vaughan, ON L6A 1T1 T: I F: I Page 1

18 DATE: April 27, 2016 TO: FROM: Todd Coles, Committee of Adjustment Steve Lysecki Development Engineering & Infrastructure Planning Department MEETING DATE: May 5, 2016 OWNER: Marni Dvir FILE(S): A165/16 Location: Part of Lot 15, Concession 2, (Lot 24, Registered Plan 65M-4401), municipally known as 44 Kylemount Court, Thornhill. Proposal: 1. To permit an accessory building (pool cabana) to be partially located in the interior side yard. By-Law Requirements: 1. An accessory building (pool cabana) shall be located entirely in the rear yard. Comments: The Development Engineering and Infrastructure Planning Department does not object to variance application A165/16, further to issuance of the pool permit on April 8, Conditions: None.

19 Date: April 14, 2016 Attention: RE: Todd Coles Request for Comments File No.: A Related Files: Applicant: Location Marni Dvir 44 Kylemount Court 1

20 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

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23 Providence, Lenore Subject: Attachments: FW: A165/16 - REQUEST FOR COMMENTS (City of Vaughan ) 44 Kylemount Court A Circulation.pdf From: Hurst, Gabriellee [mailto:gabrielle.hurst@york.ca] Sent: April :35 PM To: Providence, Lenore; Attwala, Pravina; Coles, Todd Subject: FW: A165/166 - REQUEST FOR COMMENTS (City of Vaughan ) 44 Kylemount Court Good Afternoon Lenore, The Regional Municipality of York has reviewed the above Minor Variance application and h Regards, Gabrielle has no objection. Gabrielle Hurst, MCIP. RPP. C.Tech Programs and Process Improvement Section of the Planning and Economic Development Branch Corporate Services The Regional Municipality of York Yonge Street Newmarket, ON L3Y 6Z1 O ext gabrielle.hurst@york..ca www. york.ca Our Values: Integrity, Commitment, Accountability, Respect, Excellence 1