4251 Kirby Road, Woodbridge ARMANDO BARBINI/TREVOR GAIN. Agent has requested adjournment to address staff comments.

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1 File: A258/13 Item # 9 Ward #1 Applicant: ONTARIO LTD. Address: Agent: 4251 Kirby Road, Woodbridge ARMANDO BARBINI/TREVOR GAIN Notes: Agent has requested adjournment to address staff comments. Comments/Conditions: Commenting Department Comment Condition of Approval Building Standards Development Planning Requesting Adjournment Engineering TRCA PowerStream Ministry of Transportation Cultural Services Legend: - Positive Comment - Negative Comment Prepared By: Lenore Providence

2 Providence, Lenore Subject: FW: A258/13 - Planning comments (requesting adjournment) From: Trevor Gain [mailto:trevor.gain@rogers.com] Sent: Wednesday, August 21, :51 AM To: Providence, Lenore Cc: Barbini Armando Subject: Re: A258/13 - Planning comments (requesting adjournment) Thank you Lenore, I was in contact with Gillian yesterday and ed we have no problem with the adjournment while all this get sorted out. I will contact her again today to confirm. Our planner representing us at the hearing is: Armando Barbini Planning & Permit Services Inc. (647) abarbini@rogers.com Thanks, T From: Providence, Lenore Sent: Tuesday, August 20, :34 PM To: mailto:trevor.gain@rogers.com Subject: A258/13 - Planning comments (requesting adjournment) Hello Trevor, You haven t sent me the information on the Planner you retained. Please forward this on if you like. Please find attached a copy of the Planning Department s comments, they are recommending adjournment for your application A258/13. If you wish to speak to the writer, contact Gillian McGinnis, at extension Keep the attached comment for your records. You are reminded that your entire agenda package with all staff reports, will be available for viewing on line FRIDAY AFTERNOON, at the following link: Click Agenda 2013 meetings Find the August 29, 2013 meeting folder Click on your file # Regards, Lenore Providence Assistant to the Secretary-Treasurer <lenore.providence@vaughan.ca> Tel [905] ext Fax [905]

3 COMMITTEE OF ADJUSTMENT 2141 Major Mackenzie Drive, Vaughan, Ontario, L6A 1T1 Tel [905] Fax [905] NOTICE OF APPLICATION MINOR VARIANCE FILE NUMBER: A258/13 APPLICANT: PROPERTY: ZONING: PURPOSE: PROPOSAL: BY-LAW REQUIREMENT: BACKGROUND INFORMATION: ONTARIO LTD. Part of Lot 30, Concession 6, (municipally known as 4251 Kirby Road, Woodbridge). The subject lands are zoned RR, Rural Residential Zone under By-law 1-88 as amended. To permit the maintenance of the existing accessory structures and driveway to the existing two-storey single family detached dwelling. 1. To permit accessory buildings B and C to be located in the front yard. 2. To permit accessory buildings D, H and J to be located in the interior side yard. 3. To permit a floor area of m2 for all accessory buildings. 4. To permit a height of 8.80 metres for accessory building C, and a height of 6.76 metres for accessory building D, 5. To permit a building height of 5.99 metres to the nearest part of the roof for accessory building C and to permit a building height of 3.45 metres to the nearest part of the roof for accessory building D. 6. To permit a driveway width of 22.1 metres. 7. To permit the width of the driveway, measured at a point 4.25 metres from the street line onto the private side of the lot to be 6.6 metres. 1. Accessory buildings shall be located in the rear yard only. 2. Accessory buildings shall be located in the rear yard only. 3. The total maximum floor area permitted for accessory buildings is 67 m2. 4. A maximum building height of 4.5 metres is permitted for accessory buildings. 5. A maximum building height of 3.0 metres is permitted to the nearest part of the roof for accessory buildings. 6. A maximum driveway width of 9.0 metres is permitted. 7. Where there is no street curb, the maximum width of the driveway shall be measured at a point 4.25 metres from the street line onto the private side of the lot and shall be no more than 6.0 metres. Other Planning Act Applications The land which is the subject in this application was also the subject of another application under the Planning Act: MINOR VARIANCE APPLICATION: A072/00 - APPROVED March 2, 2000 (accessory bldg located in front yard, max size of accessory bldg 111.0m2 and height of accessory bldg to eaves 5.0m and to peak of roof 7.6m). 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, AUGUST 29, 2013 TIME: LOCATION: 6:00 PM COMMITTEE ROOM 242/243 (2 nd Floor) VAUGHAN CITY HALL 2141 MAJOR MACKENZIE DRIVE VAUGHAN, ONTARIO L6A 1T1 Form 9 Page 1 of 2

4 COMMITTEE OF ADJUSTMENT VARIANCE A258/13 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 14 th DAY OF AUGUST, 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 Page 2 of 2

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8 4251 FILE NUMBER: A258/13 COMMITTEE OF ADJUSTMENT 2141 Major Mackenzie Drive, Vaughan, ON L6A 1T1 Phone: (905) Fax: (905) APPLICANT: ONTARIO LTD. Subject Area Municipally known as 4251 Kirby Road, Woodbridge Form 9

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11 4.0 BY LAW REQUIREMENTS and PROPOSED CHANGES: 4.1 Proposed changes to the By Law requirements: 1) Accessory building located in the front yard & side yard: front yard: Building B + Building C side yard: Building D + Building H +Building J 2) Maximum size of all accessory buildings = 604m 2 A258/13 REVISED JULY 24, ) Maximum height of accessory building: Building C : 5.99m to eave and 8.80m to peak of roof Building D : 3.45m to eave and 6.76m to peak of roof 4) Maximum width of driveway = 22.1m 5) Maximum width of driveway at 4.25m from street line = 6.0m 4.2 What are the By Law requirements: 1) Accessory buildings located in the rear yard only. 2) Maximum size of all accessory buildings = 67m 2 3) Maximum height of accessory building 3.0m to eave and 4.5m to peak of roof 4) Maximum width of driveway = 9.0m 5) Maximum width of driveway at 4.25m from street line = 6.6m

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35 DATE: August 13, 2013 RECEIVED August 20, 2013 VAUGHAN COMMITTEE OF ADJUSTMENT Page 1 of 2 TO: Todd Coles, Committee of Adjustment FROM: Grant Uyeyama, Director of Development Planning Development Planning Department MEETING DATE: August 29, 2013 OWNER: Ontario Ltd. (Santina Calidonna) FILE(S): A258/13 Location: Proposal: 4251 Kirby Road, Vaughan Ward 1, Vicinity of Pine Valley Drive The Owner is requesting permission to maintain existing accessory structures and driveway, which include the following variances: Variance 1 Accessory buildings located in the front yard 2 Accessory buildings located in the interior side yard 3 Maximum size of all accessory buildings 4 Maximum building height of accessory buildings 5 Maximum height of accessory buildings to nearest part of roof 6 Maximum width of driveway 7 Maximum width of driveway at 4.25m from street line Previously Approved by CoA (A72/00) Accessory building (storage shed portion of building C ) permitted in the front yard N/A Proposed Accessory buildings B and C located in the front yard. Accessory buildings D, H, and J located in the interior side yard Required 111m² m² 67 m² Original portion of building C permitted 7.6m to the peak of the roof Original portion of building C permitted 5.0m to the eave Building C : 8.80m to peak of roof Building D : 6.76m to peak of roof Building C : 5.99m to eave Building D : 3.45m to eave Accessory buildings located in the rear yard only Accessory buildings located in the rear yard only 4.5m 3.0m N/A 22.1m 9.0m N/A 6.6m 6.0m Development Planning Department I City of Vaughan I 2141 Major Mackenzie Drive I Vaughan, ON L6A 1T1 T: I F: I

36 Page 2 of 2 Official Plan: Comments: The subject lands are designated Rural Use Area and Valley Stream Corridor by in-effect OPA 600, and Natural Areas and GreenBelt Area by the new City of Vaughan Official Plan 2010, which is subject to approval from the Ontario Municipal Board. The Development Planning Department conducted a site visit with photo documentation on August 13, During that visit, Staff photographed chickens kept in a coop attached to the kennels (Buildings G and H ), and the storage shed (Building J ). Staff opened a file with Animal Services to investigate if the existing chicken coop and the kennels constitute a use not permitted in a Rural Residential Zone. Staff has also requested, and is awaiting, a letter from the applicant indicating that the kennels will be used for personal pets only, and not for animal husbandry, dog kennels or the breeding, boarding or sale of dogs or cats. The subject property is designated as Natural Heritage System within the Protected Countryside in the GreenBelt Plan. Vaughan does not currently have an OP in conformity with the GreenBelt Plan, but the property is subject to the GreenBelt Plan s relevant policies. The property is adjacent to key hydrological features (stream and wetland). Prior to development on properties adjacent to these features, the applicant must provide reports demonstrating the development conforms to requirements within the GreenBelt Plan and OPA 600. In order for the Development Planning Department to proceed with a recommendation, the applicant must provide environmental reports in accordance with Section of the GreenBelt Plan and Section of OPA 600. The reports must be completed by a certified Environmental Consultant and must demonstrate conformity with the GreenBelt Plan and OPA 600 to ensure that the proposed maintenance of accessory structures will not result in adverse environmental impacts on the key natural hydrological features. Recommendation: The Development Planning Department recommends Minor Variance Application A258/13 be adjourned until such time that the Department has reviewed the requested reports for the subject lands, and Animal Services has concluded its investigation into the chicken coop and kennels. Condition(s): Report Prepared By: None. Gillian McGinnis, Planner 1 Carmela Marrelli, Senior Planner Development Planning Department I City of Vaughan I 2141 Major Mackenzie Drive I Vaughan, ON L6A 1T1 T: I F: I

37 RECEIVED August 6, 2013 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: July 24, 2013, Revised: August 6, 2013 Name of Owner: Ontario Ltd. (Santina Calidonna) Location: 4251 Kirby Road Part of Lot 30, Concession 6 File No.(s): A258/13 Zoning Classification: The subject lands are zoned RR, Rural Residential Zone under By-law 1-88 as amended. Proposal: 1. To permit accessory buildings B and C to be located in the front yard. 2. To permit accessory buildings D, H and J to be located in the interior side yard. 3. To permit a floor area of 604 m2 for all accessory buildings. 4. To permit a height of 8.80 metres for accessory building C, and a height of 6.76 metres for accessory building D, 5. To permit a building height of 5.99 metres to the nearest part of the roof for accessory building C and to permit a building height of 3.45 metres to the nearest part of the roof for accessory building D. 6. To permit a driveway width of 22.1 metres. 7. To permit the width of the driveway, measured at a point 4.25 metres from the street line onto the private side of the lot to be 6.6 metres. By-Law Requirements: 1. Accessory buildings shall be located in the rear yard only. 2. Accessory buildings shall be located in the rear yard only. 3. The total maximum floor area permitted for accessory buildings is 67 m2. 4. A maximum building height of 4.5 metres is permitted for accessory buildings. 5. A maximum building height of 3.0 metres is permitted to the nearest part of the roof for accessory buildings. 6. A maximum driveway width of 9.0 metres is permitted. 7. Where there is no street curb, the maximum width of the driveway shall be measured at a point 4.25 metres from the street line onto the private side of the lot and shall be no more than 6.0 metres. Staff Comments: Stop Work Orders and Orders to Comply: Order-to-Comply # and has been issued for construction without obtaining a building permit and is currently active. Building Permits Issued: The application indicated that the variance no. 7 was for 6.0 metres and the by-law requirement was 6.6 metres. Please revise the application. A building permit has not been applied for. The Ontario Building Code requires a building permit for structures that exceed 10m 2 for all structures. A building permit (# ) has been issued for the construction of a 2 nd floor addition to a garage only. Other Comments: The applicant shall be advised that additional variances may be required upon review of detailed drawings for building permit/site plan approval. The subject lands may be subject to Ontario Regulation 166/06 (TRCA Toronto Region Conservation Authority). This may be a historically significant property. Cultural review may be required. Lands may be designated Protected Countryside within The Green Belt Act, 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.

38 RECEIVED July 24, 2013 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: July 24, 2013 Name of Owner: Ontario Ltd. (Santina Calidonna) Location: 4251 Kirby Road Part of Lot 30, Concession 6 File No.(s): A258/13 Zoning Classification: The subject lands are zoned RR, Rural Residential Zone under By-law 1-88 as amended. Proposal: 1. To permit accessory buildings B and C to be located in the front yard. 2. To permit accessory buildings D, H and J to be located in the interior side yard. 3. To permit a floor area of m2 for all accessory buildings. 4. To permit a height of 8.80 metres for accessory building C, and a height of 6.76 metres for accessory building D, 5. To permit a building height of 5.99 metres to the nearest part of the roof for accessory building C and to permit a building height of 3.45 metres to the nearest part of the roof for accessory building D. 6. To permit a driveway width of 22.1 metres. 7. To permit the width of the driveway, measured at a point 4.25 metres from the street line onto the private side of the lot to be 6.6 metres. By-Law Requirements: 1. Accessory buildings shall be located in the rear yard only. 2. Accessory buildings shall be located in the rear yard only. 3. The total maximum floor area permitted for accessory buildings is 67 m2. 4. A maximum building height of 4.5 metres is permitted for accessory buildings. 5. A maximum building height of 3.0 metres is permitted to the nearest part of the roof for accessory buildings. 6. A maximum driveway width of 9.0 metres is permitted. 7. Where there is no street curb, the maximum width of the driveway shall be measured at a point 4.25 metres from the street line onto the private side of the lot and shall be no more than 6.0 metres. Staff Comments: Stop Work Orders and Orders to Comply: Order-to-Comply # and has been issued for construction without obtaining a building permit and is currently active. Building Permits Issued: Please confirm the total area of the accessory buildings as when I add up the chart area dimensions, I add up m2. Just to make sure Thanks! The application indicated that the variance no. 7 was for 6.0 metres and the by-law requirement was 6.6 metres. Please revise the application. A building permit has not been applied for. The Ontario Building Code requires a building permit for structures that exceed 10m 2 for all structures. A building permit (# ) has been issued for the construction of a 2 nd floor addition to a garage only. Other Comments: The applicant shall be advised that additional variances may be required upon review of detailed drawings for building permit/site plan approval. The subject lands may be subject to Ontario Regulation 166/06 (TRCA Toronto Region Conservation Authority). This may be a historically significant property. Cultural review may be required. Lands may be designated Protected Countryside within The Green Belt Act, 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.

39 DATE: August 19, 2013 RECEIVED August 19, 2013 VAUGHAN COMMITTEE OF ADJUSTMENT TO: FROM: Todd Coles, Committee of Adjustment Otello Santini, Development/Transportation Engineering MEETING DATE: August 29, 2013 OWNER: ONTARIO LTD. FILE(S): Minor Variance Application A258/13 Location: Proposal Part of Lot 30, Concession 6, (municipally known as 4251 Kirby Road). 1. To permit accessory buildings B and C to be located in the front yard. 2. To permit accessory buildings D, H and J to be located in the interior side yard. 3. To permit a floor area of m 2 for all accessory buildings. 4. To permit a height of 8.80 metres for accessory building C, and a height of 6.76 metres for accessory building D, 5. To permit a building height of 5.99 metres to the nearest part of the roof for accessory building C and to permit a building height of 3.45 metres to the nearest part of the roof for accessory building D. 6. To permit a driveway width of 22.1 metres. 7. To permit the width of the driveway, measured at a point 4.25 metres from the street line onto the private side of the lot to be 6.6 metres. By-Law Requirements: 1. Accessory buildings shall be located in the rear yard only. 2. Accessory buildings shall be located in the rear yard only. 3. The total maximum floor area permitted for accessory buildings is 67 m A maximum building height of 4.5 metres is permitted for accessory buildings. 5. A maximum building height of 3.0 metres is permitted to the nearest part of the roof for accessory buildings. 6. A maximum driveway width of 9.0 metres is permitted. 7. Where there is no street curb, the maximum width of the driveway shall be measured at a point 4.25 metres from the street line onto the private side of the lot and shall be no more than 6.0 metres. Comments: The above-noted variances are to maintain as built conditions. There are no associated building permits required for the proposed and/or continued long term use. The Development/Transportation Engineering Department has no comments or objection to application A258/13. Condition(s): None.

40 Date: July 31, 2013 To: Todd Coles Via Manager of Development Services and Secretary-Treasurer to Committee of Adjustment From: Applicant: Location: Daniel Rende Cultural Heritage Coordinator Recreation and Culture Department ONTARIO LTD. Part of Lot 30, Concession 6, (municipally known as 4251 Kirby Road, Vaughan) File: A258/13 Cultural Services has received the request for comments regarding the above noted application and offers the following comments: 1. Cultural Services has no objection to the above noted application. 2. The subject parcel of land lies in an area identified as a being of high archaeological potential in the City s database of archaeological resources. As such, the owner is advised that the following standard clauses apply: Daniel Rende, M.Pl. Cultural Heritage Coordinator Recreation & Culture Department City of Vaughan ext.8112 daniel.rende@vaughan.ca i. Should archaeological resources be found on the property during construction activities, all work must cease and both the Ontario Ministry of Tourism, Culture and Sport, the City of Vaughan s Policy Planning and Urban Design and Recreation and Culture Departments shall be notified immediately. ii. In the event that human remains are encountered during construction activities, the proponent must immediately cease all construction activities. The proponent shall contact the York Regional Police Department, the Regional Coroner and the Registrar of the Cemeteries Regulation Unit of the Ministry of Consumer and Business Services. Cc: Angela Palermo, Manager of Cultural Services