Applicant: VINCE AND KIMBERLY MARMORATO 45 NOCE WAY, WOODBRIDGE

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1 File: A090/16 Item # 21 Ward #3 Applicant: VINCE AND KIMBERLY MARMORATO Address: Agent: 45 NOCE WAY, WOODBRIDGE NONE Comments/Conditions: Commenting Department Comment Condition of Approval Building Standards Development Planning Engineering TRCA PowerStream York Region Planning and Economic Development Branch 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: A090/16 APPLICANT: PROPERTY: ZONING: PURPOSE: PROPOSAL: BY-LAW REQUIREMENT: VINCE AND KIMBERLY MARMORATO Part of Lot 20, Concession 6 (Lot 113, of Registered Plan 65M-4138) municipally known as 45 Noce Way, Woodbridge. The subject lands are zoned RD3, Residential Detached Zone 3 and subject to the provisions of Exception 9(1278) under By-law 1-88 as amended. To permit the construction of a proposed inground pool and pool equipment as well as the maintenance of the existing a/c unit and cabana. 1. To permit a minimum interior side yard setback of 0.5 metres to an A/C unit. 2. To permit a minimum rear yard setback of 1.2 metres to a swimming pool. 3. To permit a minimum interior side yard setback of 1.2 metres to a swimming pool. 4. To permit a minimum interior side yard setback of 0.6 metres to the pool equipment. 5. To permit a minimum rear yard setback of 0.6 metres to a cabana. 6. To permit a minimum interior side yard setback of 0.6 metres to a cabana. 1. A minimum interior side yard setback of 1.2 metres is required. 2. A minimum interior side yard setback of 1.5 metres is required. 3. A minimum interior side yard setback of 1.5 metres is required. 4. A minimum interior side yard setback of 1.2 metres is required to the pool equipment. 5. A minimum rear yard setback of 7.2 metres is required to the cabana. 6. A minimum interior side yard setback of 1.2 metres is required to the cabana. 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, MARCH 17, 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 Todd Coles, BES, MCIP, RPP Manager of Development Services and DATED THIS MARCH 2, 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 - A090/16 45 NOCE WAY, WOODBRIDGE ± 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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13 TO: FROM: Todd Coles, Committee of Adjustment Secretary Treasurer Grant Uyeyama, Director of Development Planning FILE: A090/16-45 NOCE WAY, WOODBRIDGE (Ward 3) HEARING DATE: March 17, 2016 DATE: March 8, 2016 Proposed Variance(s): 1. To permit a minimum interior side yard setback of 0.5 metres to an A/C unit. 2. To permit a minimum rear yard setback of 1.2 metres to a swimming pool. 3. To permit a minimum interior side yard setback of 1.2 metres to a swimming pool. 4. To permit a minimum interior side yard setback of 0.6 metres to the pool equipment. 5. To permit a minimum rear yard setback of 0.6 metres to a cabana. 6. To permit a minimum interior side yard setback of 0.6 metres to a cabana. By-law Requirement(s): 1. A minimum interior side yard setback of 1.2 metres is required. 2. A minimum interior side yard setback of 1.5 metres is required. 3. A minimum interior side yard setback of 1.5 metres is required. 4. A minimum interior side yard setback of 1.2 metres is required to the pool equipment. 5. A minimum rear yard setback of 7.2 metres is required to the cabana. 6. A minimum interior side yard setback of 1.2 metres is required to the cabana. Official Plan: VOP 2010 designation: Low-Rise Residential. The proposal conforms to the Official Plan Policies. Comments: The Owner is proposing to construct a swimming pool in the rear yard and install pool equipment in the interior side yard, and requesting permission to maintain a cabana in the rear yard and air conditioning (A/C) unit in the interior side yard, with the variances noted above. The Development Planning Department has no concerns with Variance #1 and #4 as these variances are considered minor in nature. The Development Planning Department has no objection to Variances #2 and #3. The reduced interior side yard for the proposed swimming pool will have no visual impact on the abutting neighbours to the north and east. The cabana has been constructed to setbacks that are appropriate for the character of the residential neighbourhood. The Development Planning Department has previously supported similar variances in the surrounding area for reduced rear yard and interior side yard setbacks to an accessory structure, and can therefore support Variances #5 and #6. 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. Development Planning Department I City of Vaughan I 2141 Major Mackenzie Drive I Vaughan, ON L6A 1T1 T: I F: I Page 1

14 Condition(s): Comments Prepared by: Letizia D'Addario, 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 Page 2

15 RECEIVED February 29, 2016 VAUGHAN COMMITTEE OF ADJUSTMENT 2141 Major Mackenzie Drive Vaughan, Ontario Canada L6A 1T1 Tel (905) To: Committee of Adjustment (REVISED) From: Brandon Correia, Building Standards Department Date: February 29, 2016 Name of Owner: Vince Marmorato & Kimberly Marmorato Location: Lot 113, 65M-4138 File No: A090/16 Zoning Classification: Proposal: The subject lands are zoned RD3, Residential Detached Zone 3 and subject to the provisions of Exception 9(1278) under By-law 1-88 as amended. 1. To permit a minimum interior side yard setback of 0.5 metres to an A/C unit. 2. To permit a minimum rear yard setback of 1.2 metres to a swimming pool. 3. To permit a minimum interior side yard setback of 1.2 metres to a swimming pool. 4. To permit a minimum interior side yard setback of 0.6 metres to the pool equipment. 5. To permit a minimum rear yard setback of 0.6 metres to a cabana. 6. To permit a minimum interior side yard setback of 0.6 metres to a cabana. By-Law Requirements: 1. A minimum interior side yard setback of 1.2 metres is required. 2. A minimum interior side yard setback of 1.5 metres is required. 3. A minimum interior side yard setback of 1.5 metres is required. 4. A minimum interior side yard setback of 1.2 metres is required to the pool equipment. 5. A minimum rear yard setback of 7.2 metres is required to the cabana. 6. A minimum interior side yard setback of 1.2 metres is required to the cabana. Staff Comments: Stop Work Orders and Orders to Comply: There are no outstanding Orders on file. 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: 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 March 10, 2016 DATE: March 4, 2016 TO: FROM: Todd Coles, Committee of Adjustment Peter Turezki Development Engineering & Infrastructure Planning Department MEETING DATE: March 17, 2016 OWNER: Vince & Kimbrely Marmorato FILE(S): A090/16 Location: Part of Lot 20, Concession 6 (Lot 113, Registered Plan 65M-4138) municipally known as 45 Noce Way, Woodbridge Proposal: 1. To permit a minimum interior side yard setback of 0.5m to an A/C unit. 2. To permit a minimum rear yard setback of 1.2m to a swimming pool. 3. To permit a minimum interior side yard setback of 1.2m to a swimming pool. 4. To permit a minimum interior side yard setback of 0.6m to the pool equipment. 5. To permit a minimum rear yard setback of 0.6m to a cabana. 6. To permit a minimum interior side yard setback of 0.6m to a cabana. By-Law Requirements: 1. A minimum interior side yard setback of 1.2m is required. 2. A minimum interior side yard setback of 1.5m is required. 3. A minimum interior side yard setback of 1.5m is required. 4. A minimum interior side yard setback of 1.2m is required to the pool equipment. 5. A minimum rear yard setback of 7.2m is required to the cabana. 6. A minimum interior side yard setback of 1.2m is required to the cabana. Comments: 1. The Development Engineering and Infrastructure Planning Department does not object to the subject minor variance requests. Please note that comments are based only on the review of documentation supplied with this application. O:\Dev Eng & Infra Pln Srv\Development Services\WORKING\TUREZKIP\Circulations\Committee of Adjustments\Variances\A Feb. 2, 2016

17 Conditions: 1. None. O:\Dev Eng & Infra Pln Srv\Development Services\WORKING\TUREZKIP\Circulations\Committee of Adjustments\Variances\A Feb. 2, 2016

18 Date: March 03, 2016 Attention: RE: Todd Coles Request for Comments File No.: A Related Files: Applicant: Location Vince and Kimberly Marmorato 45 Noce Way 1

19 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, 03-9), 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: A090/16 REQUEST FOR COMMENTS (City of Vaughan Committee of Adjustment) A Circulation.pdf RECEIVED MARCH 8, 2016 Committee of Adjustment From: Hurst, Gabriellee [mailto:gabrielle.hurst@york.ca] Sent: March :15 AM To: Providence, Lenore Subject: FW: A090/16 REQUEST FOR COMMENTS ( City of Vaughan Committee of Adjustment) Good Morning Lenore, The Regional Municipality of York has reviewed the above Minor Variance application and has no objection. Regards, Gabrielle 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