36 Waymar Heights Boulevard, Woodbridge. Adjournment Status: Previously adjourned from the, October 24, 2013 meetings.

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1 File: A316/13 Item # 28 Ward #2 Applicant: JOSEPH CAPONE Address: Agent: 36 Waymar Heights Boulevard, Woodbridge NONE Adjournment Status: Previously adjourned from the, October 24, 2013 meetings. Notes: A letter of objection was received. Revised sketches of the elevation were submitted requiring a new notice to be circulation advising of the new meeting date on November 21, Revised Notice of Application has been included. Comments/Conditions: Commenting Department Comment Condition of Approval Building Standards Development Planning Engineering TRCA PowerStream Ministry of Transportation Cultural Services Other - Legend: - Positive Comment - Negative Comment Prepared By: Mark Chiovitti

2 EXTRACTS FROM THE OCTOBER 24, 2013 COMMITTEE OF ADJUSTMENT MINUTES 1. ADJOURNMENTS AND/OR DEFERRALS On October 24, 2013 an was received from JOSEPH CAPONE, the agent, requesting that Item 9, File No. A316/13 JOSEPH CAPONE, be ADJOURNED to the NOVEMBER 7, 2013 meeting, to allow time for applicant to address the Building Department comments. On October 24, 2013 an was received from DAVID BROWN, the agent, requesting that Item 16, File No. A327/13 MEINHARD KEHREN, be ADJOURNED to the DECEMBER 12, 2013, meeting, to allow time to address the Planning Department comments. On October 17, 2013 an was received from MICHAEL and TINO ZENTIL, the agent, requesting that Item 24, File No. A338/13 IVANA ZENTIL, be ADJOURNED to the NOVEMBER 21, 2013 meeting, to allow time to address the Planning Department comments. On October 23, 2013 revised comments were received from The Building Standards Department, regarding Item 33, File No. A205/13 CONCORD CENTRE FOR THE PERFORMING ARTS. A change in the requested variance was identified and re-circulation of the application is necessary. MOVED by A. Perrella Seconded by H. Zheng THAT Item 9, File No. A316/13 JOSEPH CAPONE, be ADJOURNED to the NOVEMBER 7, 2013 meeting. THAT Item 16, File No. A327/13 MEINHARD KEHREN, be ADJOURNED to the DECEMBER 12, 2013, meeting. THAT Item 24, File No. A338/13 IVANA ZENTIL, be ADJOURNED to the NOVEMBER 21, 2013 meeting. THAT Item 33, File No. A205/13 CONCORD CENTRE FOR THE PERFORMING ARTS be ADJOURNED TO THE NOVEMBER 7, 2013 meeting. CARRIED. Page 1 of 1

3 FILE NUMBER: A316/13 COMMITTEE OF ADJUSTMENT 2141 Major Mackenzie Drive, Vaughan, Ontario, L6A 1T1 Tel [905] Fax [905] NOTICE OF APPLICATION MINOR VARIANCE APPLICANT: PROPERTY: JOSEPH CAPONE Part of Lot 8, Concession 7 (Lot 12, Registered Plan No municipally known as 36 Waymar Height Boulevard, Woodbridge) ZONING: The subject lands are zoned R1V, Old Village Residential Zone under By-law PURPOSE: PROPOSAL: BY-LAW REQUIREMENT: To permit the construction of a two storey single detached family dwelling. 1. To permit a building height of 11.0 metres for the dwelling. 2. To permit a front yard setback of metres to the dwelling. 1. A maximum building height of 9.5 metres is permitted. 2. A minimum front yard setback of metres is permitted. 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, NOVEMBER 21, 2013 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 6 th DAY OF NOVEMBER, 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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6 COMMITTEE OF ADJUSTMENT 2141 Major Mackenzie Drive, Vaughan, ON L6A 1T1 Phone: (905) Fax: (905) FILE NUMBER: A316/13 APPLICANT: JOSEPH CAPONE Subject Area Municipally known as 36 Waymar Heights Boulevard, Woodbridge

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16 NOTE: BUILDER TO VERIFY LOCATION OF ALL HYDRANTS, STREET LIGHTS, TRANSFORMERS AND OTHER SERVICES. IF MIN. DIMENSIONS ARE NOT MAINTAINED BUILDER IS TO RELOCATE AT HIS OWN EXPENSE. Capone Residence Waymar Height Blvd. VAUGHAN, ON SITE PLAN REG. PLAN No. ZONE LOT NUMBER 2 LOT AREA(m ) 2 BLDG AREA(m ) LOT COVERAGE(%) No. OF STOREYS MEAN HEIGHT(m) PEAK HEIGHT(m) DECK LINE(m) * FINISHED FLOOR ELEVATION TOP OF FOUNDATION WALL TOP OF BASEMENT SLAB UNDER SIDE FOOTING UNDER SIDE REAR UNDER SIDE GARAGE TOP OF ENGINEERED FILL NUMBER OF RISERS TO GRADE WALKOUT DECK LOOKOUT BASEMENT WALK OUT BASEMENT REVERSE PLAN STANDARD PLAN DOOR WINDOW BELL PEDISTAL CABLE PEDISTAL CATCH BASIN DBL. CATCH BASIN ENGINEERED FILL HYDRO CONNECTION FIRE HYDRANT STREET LIGHT MAIL B0X TRANSFORMER WATER VALVE WATER CONNECTION SEWER CONNECTIONS 2 LOTS SEWER CONNECTIONS 1 LOT AC AIR CONDITIONING DOWN SPOUT TO SPLASH PAD SWALE DIRECTION CHAINLINK FENCE PRIVACY FENCE SOUND BARRIER FOOTING TO BE EXTENDED TO 1.25 (MIN) BELOW GRADE NO. DESCRIPTION DATE DWN CHK I, DECLARE THAT I HAVE REVIEWED AND TAKE DESIGN RESPONSIBILITY FOR THE DESIGN WORK ON BEHALF OF RN DESIGN LIMITED UNDER SUBSECTION OF THE BUILDING CODE. I AM QUALIFIED, AND THE FIRM IS REGISTERED, IN THE APPROPRIATE CLASSES/CATEGORIES. QUALIFIED DESIGNER BCIN FIRM BCIN DATE SIGNATURE 13068

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35 RECEIVED October 28, 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: September 3, 2013, Revised: Sept. 19, 2013, Revised: Oct. 7, 2013 Name of Owner: Joseph Capone Location: 36 Waymar Heights Lot 12, RP4134 File No.(s): A316/13 Zoning Classification: The subject lands are zoned R1V, Old Village Residential Zone under By-law Proposal: 1. To permit a building height of 11.0 metres for the dwelling. 2. To permit a front yard setback of metres to the dwelling. By-Law Requirements: 1. A maximum building height of 9.5 metres is permitted. 2. A minimum front yard setback of metres is permitted. 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: 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.

36 RECEIVED October 18, 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: September 3, 2013, Revised: Sept. 19, 2013, Revised: Oct. 7, 2013 Name of Owner: Joseph Capone Location: 36 Waymar Heights Lot 12, RP4134 File No.(s): A316/13 Zoning Classification: The subject lands are zoned R1V, Old Village Residential Zone under By-law Proposal: 1. To permit a building height of???? metres for the dwelling. 2. To permit a front yard setback of metres to the dwelling. By-Law Requirements: 1. A maximum building height of 9.5 metres is permitted. 2. A minimum front yard setback of metres is permitted. 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: 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.

37 RECEIVED October 7, 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: September 3, 2013, Revised: Sept. 19, 2013, Revised: Oct. 7, 2013 Name of Owner: Joseph Capone Location: 36 Waymar Heights Lot 12, RP4134 File No.(s): A316/13 Zoning Classification: The subject lands are zoned R1V, Old Village Residential Zone under By-law Proposal: 1. To permit a building height of 11.0 metres for the dwelling. 2. To permit a front yard setback of metres to the dwelling. By-Law Requirements: 1. A maximum building height of 9.5 metres is permitted. 2. A minimum front yard setback of metres is permitted. 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: 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.

38 RECEIVED September 19, 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: September 3, 2013, Revised: September 19, 2013 Name of Owner: Joseph Capone Location: 36 Waymar Heights Lot 12, RP4134 File No.(s): A316/13 Zoning Classification: The subject lands are zoned R1V, Old Village Residential Zone under By-law Proposal: 1. To permit a height of??? metres for the dwelling. 2. To permit a front yard setback of metres to the dwelling. By-Law Requirements: 1. A maximum building height of 9.5 metres is permitted. 2. A minimum front yard setback of metres is permitted. 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: It appears that the roof is flat and therefore building height shall be measured to the very top from finished grade, including the finials as the By-law does not exempt finials. Please indicate the building height including the finials. 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.

39 RECEIVED September 3, 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: September 3, 2013 Name of Owner: Joseph Capone Location: 36 Waymar Heights Lot 12, RP4134 File No.(s): A316/13 Zoning Classification: The subject lands are zoned R1V, Old Village Residential Zone under By-law Proposal: 1. To permit a height of 11.0 metres for the dwelling. 2. To permit a front yard setback of metres to the dwelling. By-Law Requirements: 1. A maximum building height of 9.5 metres is permitted. 2. A minimum front yard setback of metres is permitted. 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: May we please have a roof plan and please confirm that building height is the vertical distance between the average elevation of the finished grade at the front of the building. In the case of a gable, hip or gambrel roof, the mean height between the eaves and the highest point of the roof surface, including the finials. Kindly provide the width of the driveway measured at a point 4.25 metres from the property line onto the private side of the lot. The maximum of which shall be no more than 6.0 metres. May we also have the dimension of the widest part of the driveway at the front of the dwelling. The maximum driveway width permitted is 9.0 metres. 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.

40 RECEIVED September 3, 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: September 3, 2013 Name of Owner: Joseph Capone Location: 36 Waymar Heights Lot 12, RP4134 File No.(s): A316/13 Zoning Classification: The subject lands are zoned R1V, Old Village Residential Zone under By-law Proposal: To permit a height of 11.0 metres for the dwelling. By-Law Requirements: A maximum building height of 9.5 metres is permitted. 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: May we please have a roof plan and please confirm that building height is the vertical distance between the average elevation of the finished grade at the front of the building. In the case of a gable, hip or gambrel roof, the mean height between the eaves and the highest point of the roof surface, including the finials. Kindly provide the width of the driveway measured at a point 4.25 metres from the property line onto the private side of the lot. The maximum of which shall be no more than 6.0 metres. May we also have the dimension of the widest part of the driveway at the front of the dwelling. The maximum driveway width permitted is 9.0 metres. 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.

41 RECEIVED October 11, 2013 VAUGHAN COMMITTEE OF ADJUSTMENT DATE: October 9, 2013 TO: FROM: Todd Coles, Committee of Adjustment Otello Santini, Development/Transportation Engineering MEETING DATE: October 24, 2013 OWNER: JOSEPH CAPONE FILE(S): Minor Variance Applications A316/13 Location: Part of Lot 8, Concession 7 (Lot 12, Registered Plan No municipally known as 36 Waymar Height Boulevard). Proposal 1. To permit a building height of 11.0 metres for the dwelling. 2. To permit a front yard setback of metres to the dwelling. By-Law Requirements: 1. A maximum building height of 9.5 metres is permitted. 2. A minimum front yard setback of metres is permitted. Comments: The proposed front yard setback of metres to the dwelling is sufficient enough to provide front yard drainage. Accordingly, the Development/Transportation Engineering Department has no further comments or objection to application A316/13. Condition(s): None.

42 Date: October 11, 2013 To: Todd Coles Via Manager of Development Services Secretary-Treasurer to the Committee of Adjustment From: Applicant: Location: Daniel Rende Cultural Heritage Coordinator Cultural Services Division Recreation and Culture Department JOSEPH CAPONE Part of Lot 8, Concession 7 (Lot 12, Registered Plan No municipally known as 36 Waymar Height Boulevard, Woodbridge) Files: A316/13 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 proposed variance however it should be noted that 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: 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. Daniel Rende, M.Pl. Cultural Heritage Coordinator Recreation & Culture Department City of Vaughan ext.8112 daniel.rende@vaughan.ca Cc: Angela Palermo, Manager of Cultural Services

43 Date: October 8, 2013 Attention: Mark Chiovitti RE: Request for Comments File No. A316/13 Related Files: Applicant: Location: Joseph Capone 36 Waymar Height Boulevard, Woodbridge COMMENTS: (BY ONLY) X We have reviewed the proposed Variance Application and have no comments or objections to its approval. We have reviewed the proposed Variance Application and have no objections to its approval, subject to the following comments (attached below). We have reviewed the proposed Variance Application and have the following concerns (attached below). 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 03-4), attached Canadian Standards Association, latest edition (Basic Clearances) If more information is required, please contact either of the following: Mr. Barry N. Stephens Mr. Stephen Cranley Commercial & Industrial Services Supervisor Supervisor, Subdivisions & New Services Phone: ext ext Fax: barry.stephens@powerstream.ca steve.cranley@powerstream.ca

44 Chiovitti, Mark Subject: FW: Request for Comments - A316/13 (Committee of Adjustment City of Vaughan) From: Singh, Christian (MTO) [mailto:christian.singh@ontario.ca] Sent: Monday, October 07, :59 AM To: Chiovitti, Mark Subject: RE: Request for Comments - A316/13 (Committee of Adjustment City of Vaughan) Hi Mark, After review, the following application A316/13 minor variance for 36 Waymar Height Boulevard does not fall within the Ministry s permit control. Therefore the Ministry has no comments to provide. If you have any questions or concerns please feel free to contact me. Sincerely, Chris Singh Chris Singh Permits Officer Corridor Management Office Ministry of Transportation Central Region 1201 Wilson Ave, Building D, 7th Floor Downsview, Ontario M3M 1J8 Tel: Fax: Web 1

45 RECEIVED City of Vaughan COMMITTEE OF ADJUSTMENT Re File A316/13 October 23, 2013 VAUGHAN COMMITTEE OF ADJUSTMENT My name is Ken Stevens and I reside at and am the owner of 52 Waymar Heights Blvd, Woodbridge, ON, L4L2P7. I wish to object to the request to reduce the front yard setback to metres. The road allowance for Waymar Heights is considerably less than would be required if the street were being developed today. Even so, those living on the street have been able to create an aura of spaciousness by keeping their buildings well back from the property line, in most cases far exceeding the required setback. I believe any future owners should be required to observe the bylaw requirement. While the street experiences low traffic for most of the day, there is a 30- minute period before and after school when vehicles pass by. The street at present has no sidewalks but, should a walking schoolchild be hit by a car (or a nervous parent complain sufficiently), a sidewalk may result. Then the legal setback will be very useful. The lot is 77 meters deep. Unless the owner of the property has further development on the site in mind of which I am not aware, there would appear to be ample room to locate the building in accordance with the existing bylaw. J. K. Stevens