Item #9 Ward #1 File: A247/17 Applicant: Lelio Decicco Address: 20 Bell Court, Kleinburg Agent: Marcus Gagliardi

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 Comment Status

P = Positive Comment NR = No Response N = Negative Comment A = Adjournment Recommended

Condition(s) of Approval

Y = Yes N = No

Committee of Adjustment P

Y

Building Standards

P N

Development Planning

P Y

Urban Design & Heritage P

N

Development Engineering A

N

Parks Department NR

N

By-law & Compliance NR

N

Financial Planning & Development P

N

Fire Department NR

N

TRCA NR

N

MTO P

N

Alectra (Formerly PowerStream) P

N

Public Correspondence (See Schedule B)

NR N

Adjournment History: None. Background History (see chart on next page): A052/14.

Staff Report Prepared By: Pravina Attwala

Staff Report A247/17 Page 2

Minor Variance Application

A247/17

Agenda Item: 9

Ward: 1

Staff Report Prepared By: Pravina Attwala, Assistant Secretary Treasurer

Date of Hearing: Thursday, August 31, 2017 Applicant: Lelio Decicco Agent: Marcus Gagliardi Property: 20 Bell Court, Kleinburg ON Zoning: The subject lands are zoned RR under By-law 1-88 as amended. OP Designation: VOP 2010 Low Rise Residential Purpose: Relief from the By-law is being requested to permit the construction of a gabion

retaining wall along the west and north property lines. The following variances are being requested from By-Law 1-88, as amended, to accommodate the above proposal:

By-law Requirement Proposal 1. Minimum setback 4.0m (retaining wall).

1. To permit a minimum 0.0m setback from the west property line for the proposed retaining wall.

2. Minimum setback 4.0m (retaining wall).

2. To permit a minimum 3.2m setback from the north property line for the proposed retaining wall.

3. Minimum setback 4.0m (retaining wall).

3. To permit a minimum 0.4m setback from the east property line for the proposed retaining wall.

Background (previous applications approved on the subject land): Application No.: Variances Approved Status of Approval:

Approved/Refused/Withdrawn/ OMB/Concurrent

A052/14 To permit the construction of a single-family dwelling

1. To permit a minimum front yard setback of 8 m 2. To permit a maximum lot coverage of 14%

Approved, March 27, 2014 (See Schedule D - Decision attached for reference)

For information on the previous approvals listed above please visit www.vaughan.ca. 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: None.

Staff & Agency Comments Committee of Adjustment: Public notice was mailed on August 16, 2017. Applicant confirmed posting of signage. Recommended conditions of approval: 1. That the variances pertain only to the request as submitted with the application. 2. That development be in accordance with the sketch to be submitted with the application (Any future

development must comply with the applicable provisions of the by-law). Committee of Adjustment staff included previous approvals A052/14 for the Committee’s reference (see Schedule D).

Staff Report A247/17 Page 3 Building Standards (Zoning Review): The applicant shall be advised that additional variances may be required upon review of detailed drawing for building permit/site plan approval. These lands may be subject to Heritage Approval through the City of Vaughan Development Planning Department. Development Planning: The Owner is requesting to permit the construction of a retaining wall with the above noted variances. The subject property is located in the Kleinburg-Nashville Heritage Conservation District and is therefore designated Part V of the Ontario Heritage Act. Cultural Heritage staff have no objection to the above noted application. The proposed retaining wall will not require a Heritage Permit as the proposed exterior retaining wall will not affect the heritage character of the District. The applicant should be aware that fencing on the property will require a Heritage Permit to be approved by the Urban Design and Cultural Heritage Section. The subject property is located on Bell Court and slopes down towards Highway 27. The retaining wall is required to create a larger flattened area in the rear of the subject property.The proposed retaining wall has been placed to mitigate visual impacts to neighbouring properties. The reduced setback of the retaining wall abutting 10 Bell Court to the east is limited to the edge of the wall. The portion abutting 10674 Islington Ave to the north has been setback a distance that is consistent with the requirements of By-law 1-88 and will be partially screened by proposed landscaping which includes climbing vines, fast growing trees, and tree whips along the northern portion of the retaining wall for screening. A condition has been included for final landscaping details to be to the satisfaction of Urban Design staff. The portion abutting Highway 27 to the west will be concealed from the street as this area is well landscaped and sloped down towards Highway 27. The Development Planning Department is of the opinion that the proposal is minor in nature, meets the general intent and purpose of the Zoning By-law, and is desirable and appropriate for the development of the land. The Development Planning Department recommends approval of the application subject to the following condition: 1. That the proposed landscaping be planted and a site inspection be conducted to the satisfaction of the

Urban Design and Cultural Heritage Division. Planning – Urban Design & Heritage: The subject property is located in the Kleinburg-Nashville Heritage Conservation District and is therefore designated Part V of the Ontario Heritage Act. Cultural Heritage staff have no objection to the above noted application. The proposed retaining wall will not require a Heritage Permit application as the proposed exterior construction activity will not affect the heritage character of the District. The applicant should be aware that any future fencing on the property will require a Heritage Permit to be submitted to the Urban Design and Cultural Heritage Section for review and approval. 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. An archaeological assessment will not be required, however, the owner is advised that the standard clauses apply. Development Engineering & Infrastructure Planning: The Development Engineering and Infrastructure Planning Department requests this application to be adjourned in order to provide adequate time for the applicant to provide the necessary information for engineering review. As previously requested, DEIP requires additional grading information containing existing elevations along the east, north and west property lines, specifically at the north-east corner of the site adjacent to the proposed retaining wall (set back 0.4m from property line). Parks Development: No Response. By-Law and Compliance, Licensing and Permit Services: No Response Financial Planning and Development Finance: No Concerns or Conditions. Fire Department: No Response Schedule A Plans & Sketches

Staff Report A247/17 Page 4 Schedule B Public Correspondence Received: None Schedule C Agency Comments: Powerstream – No concerns or conditions. MTO – Outside MTO permit control area. Schedule D Notice of Decision – A052/14 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, the following conditions have been recommended:

Department/Agency Condition 1 Committee of Adjustment

Christine Vigneault 905-832-8585 x 8332 christine.vigneault@vaughan.ca

1. That the variances pertain only to the request as submitted with the application.

2. That development be in accordance with the sketch to be

submitted with the application (Any future development must comply with the applicable provisions of the by-law).

2. Development Planning

Daniel Rende 905-832-8585 x 8112 Daniel.rende@vaughan.ca

1. That the proposed landscaping be planted and a site inspection be conducted to the satisfaction of the Urban Design and Cultural Heritage Division.

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;

Staff Report A247/17 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 emailed 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 905 832 8585 Extension 8002 E CofA@vaughan.ca

Staff Report A247/17 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. The following sketches have been included: Location Map Site Plan

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.

0 0.1 0.20.05 Kilometers

±

Location Map - A247/17

City of Vaughan

20 Bell Court, Kleinburg

Staff Report A247/17 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. Comments have been included from the following: N/A

Staff Report A247/17 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. Comments have been included from the following: Powerstream – No concerns or conditions. MTO – Outside MTO permit control area.

1

Attwala, Pravina

Subject: FW: MTO Comments Minor Variance Applications A243/17 , A247/17, A246/17 and A203/17

From: Yanez‐Flores, Giovanni (MTO) [mailto:Giovanni.Yanez‐Flores@ontario.ca]  Sent: August‐16‐17 3:03 PM To: Attwala, Pravina <Pravina.Attwala@vaughan.ca> Cc: Nunes, Paul (MTO) <Paul.Nunes@ontario.ca>; Della Mora, Dan (MTO) <Dan.DellaMora@ontario.ca> Subject: MTO Comments Minor Variance Applications A243/17 , A247/17, A246/17 and A203/17   

Good Afternoon,

Please see the comments below regarding the following minor variance applications:

A243/17 - 22 Parisienne Road, Woodbridge This property is not within MTO’s Permit Control Area and therefore no permit is required. The MTO has no further comments. A247/17 - 20 Bell Court, Kleinburg This property is not within MTO’s Permit Control Area and therefore no permit is required. The MTO has no further comments. A246/17 - 230 Badessa Circle, Thornhill This property is not within MTO’s Permit Control Area and therefore no permit is required. The MTO has no further comments. A203/17 - 110 Willis Road, Woodbridge This property is not within MTO’s Permit Control Area and therefore no permit is required. The MTO has no further comments. If you have any questions feel free to contact me.

Regards,

Giovanni Yanez Transportation Technician Ministry of Transportation Central Region – Corridor Management Section  

2

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: 1-877-963-6900 ext. 24425 Phone: 1-877-963-6900 ext. 24419 Fax: 905-532-4401 Fax: 905-532-4401

E-mail: barry.stephens@alectrautilities.com E-mail: tony.donofrio@alectrautilities.com

Staff Report A247/17 Page 9

Schedule D: Previous Approvals (Notice of Decision)

Minor Variance Applications: A052/14

~~?'VAUGHAN COMMITTEE OF ADJUSTMENT 2141 Major Mackenzie Drive, Vaughan, Ontario, L6A 1T1

Tel [905] 832-2281 Fax [905] 832-8535

NOTICE OF DECISION MINOR VARIANCES

FILE NUMBER: A052/14

APPLICANT: DENISE DE CICCO

PROPERTY: Part of Lot 25, Concession 8 (Registered Plan 65R-4066} municipally known as 20 Bell court, Kleinburg

ZONING: The subject lands are zoned RR, Rural Residential under By-law 1-88 as amended.

PURPOSE: To permit the construction of a single family dwelling, as follows:

PROPOSAL: 1. To permit a minimum front yard setback of 8m. 2. To permit a maximum lot coverage of 14%.

BY-LAW 1. Minimum front yard setback 15m. REQUIREMENT: 2. Maximum lot coverage 10%.

A sketch is attached illustrating the request.

MOVED BY:

SECONDED BY:

THAT the Committee is of the opinion that the varianc ought, can be considered minor and are desirable for the appropriate development and use of the I an . The general intent and purpose of the By­law and the Official Plan will be maintained.

THAT Application No. A052/14, DENISE DE CICCO, be APPROVED, in accordance with the sketches attached

THIS MINOR VARIANCE DECISION IS NOT A BUILDING PERMIT AUTHORIZING CONSTRUCTION UNDER THE BUILDING CODE ACT, R.S.O. 1990, AS AMENDED. A BUILDING PERMIT MAY BE REQUIRED. PLEASE CONTACT THE BUILDING STANDARDS DEPARTMENT IN THE EVENT THAT YOU REQUIRE FURTHER CLARIFICATION.

CARRIED.

Page 1 of 2

COMMITTEE OF ADJUSTMENT VARIANCE

CHAIR:

A052/14

Signed by all members present who concur in this decision:

A. Perrella, Chair

L. Fluxgold, Member

CERTIFICATION

::::::"'71 ?Yl.u:IJ Member

I hereby certify this to be a true copy of the decision of the Committee of Adjustment, and this decision was concurred in by a majority of the members who heard this application.

Date of Hearing:

Last Date of Appeal:

APPEALS

Todd Coles, BES, MCIP, RPP Manager of Development Services and Secretary-Treasurer to Committee of Adjustment

MARCH 27, 2014

APRIL 16, 2014

APPEALS MUST BE RECEIVED BY THIS OFFICE NO LATER THAN 4:30 P.M. ON THE LAST DATE OF APPEAL NOTED ABOVE.

Should you decide to appeal this decision to the Ontario Municipal Board, a copy of an appeal form is available for download in Microsoft Word and Adobe Acrobat versions from the Ontario Municipal Board website at www.omb.gov.on.ca. If you do not have Internet access, these forms can be picked up at the City of Vaughan, Committee of Adjustment offices.

Please fill out Form A1 and follow the instructions as provided by the Ontario Municipal Board and submit your appeal to the City of Vaughan, Committee of Adjustment on or before the date stated above. You must enclose the completed form with the $650.00 processing fee, paid by certified cheque or money order, to the "TREASURER, CITY OF VAUGHAN" and the appeal fee of $125.00 for each application appealed, paid by certified cheque or money order, made payable to the "ONTARIO MINISTER OF FINANCE".

NOTE: The Planning Act provides for appeals to be filed by "persons". As groups or associations, such as residents or ratepayers groups which do not have incorporated status, may not be considered "persons" for the purposes of the Act, groups wishing to appeal this decision should do so in the name of individual group members, and not in the name of the group.

CONDITIONS IF ANY CONDITIONS ARE IMPOSED ON THIS APPLICATION, THE FINAL DATE FOR FULFILLING

THEM IS: APRIL 16, 2015

Page 2 of 2 ~~fVAUGHAN Form 12

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