March 1, 2012 Page 1 AGENDA TOWN OF RICHMOND HILL ...

March 1, 2012 Page 1 

AGENDA 

TOWN OF RICHMOND HILL 

COMMITTEE OF ADJUSTMENT HEARING 

THURSDAY, MARCH 1, 2012 

Council Chambers 

Call to order 

Disclosure of Pecuniary Interest 

Requests for Adjournments/Withdrawals 

Adjourned Applications 

New Applications 

7:00 p.m. 

A B013/12 

Ornella Garofali 

Plan M807 Pt Lot 10 RP 65R24909 Part 2 

69A Puccini Drive 

Town of Richmond Hill 

TOTAL AREA 

1,022.00 m 2 

11,000.72 ft 2 

To sever a parcel of land approximately 16.7 metres (54.79 feet) by 15 metres (49.21 feet), approximately 

252 square metres (2,712.51 square feet), as a lot addition to be merged in title with the property to the 

east (municipally known as 69 Puccini Drive) for residential purposes and retain a parcel of land 

approximately 16.7 metres (54.79 feet) by 46 metres (150.92 feet), approximately 770 square metres 

(8,288.21 square feet). The retained lands will have frontage onto Puccini Drive and the existing dwelling 

will remain. 

B B014/12 

Nick & Anna Primiani 

Plan M807 Pt Lot 10 RP 65R24909 Part 1 

69B Puccini Drive 


TOTAL AREA 

1,113.00 m 2 

11,980.23 ft 2 






will remain. 

Applications B013/12 & B014/12 will be dealt with concurrently. 

C B015/12 

Thornhill Village Estate Inc. 

Plan 1931 Pt Lot 20 

235 Elgin Mills Road West 


TOTAL AREA 

2,877.80 m 2 

30,976.38 ft 2 

To sever a parcel of land approximately 15.3 metres (50 feet) by 42.2 metres (138.45 feet), approximately 

794.4 square metres (8,550.85 square feet), and retain a parcel of land approximately 16.154 metres (53 

feet) by 129.853 metres (426 feet), approximately 2,083.4 square metres (22,425.53 square feet). The 

severed lands will be landlocked until the future extension of Arten Avenue and the retained lands will 

have frontage on Elgin Mills Road West. The existing single family dwelling will remain on the retained 

lands.


D B016/12 

Thornhill Village Estate Inc. 




TOTAL AREA 

2,083.40 m 2 

22,425.53 ft 2 

To sever a parcel of land approximately 16.175 metres (53.07 feet) by 50.83 metres (166.77 feet), 

approximately 977.2 square metres (10,518.49 square feet), and retain a parcel of land approximately 

16.154 metres (53 feet) by 68.946 metres (226 feet), approximately 1,106.2 square metres (11,907 

square feet). The severed lands will be landlocked until the future extension of Arten Avenue and the 

retained lands will have frontage on Elgin Mills Road West. The existing single family dwelling will 

remain on the retained lands. 

Applications B015/12 & B016/12 will be dealt with concurrently. 

E A012/12 

Steve Paglialunga 

Plan 65M2125 Lot 5 

6 Josie Drive 


To obtain relief from the provisions of By-law 2523, as amended, to permit increased maximum 

percentage lot coverage, to accommodate the construction of a proposed two storey single family 

dwelling. 

By-Law 

Requirement Proposed Difference 

Maximum Lot Coverage 30% 35% 5% 

F A013/12 

David & Diana Sansone 

Plan 288 Pt Lt 2 

106 Moray Avenue 


To obtain relief from the provisions of By-law 256-88, to permit a reduced front yard setback and 

reduced north and south interior side yard setbacks to accommodate the construction of a proposed two 

storey single family dwelling. 

Minimum Front Yard 

Setback 

Minimum Sideyard 

Setback - North Side 

Minimum Sideyard Setback - 

South Side 

By-Law 


7.28 m (23.88 ft) 6.4 m (21.00 ft) 0.88 m (2.89 ft) 

1.4 m (4.59 ft) 1.25 m (4.10 ft) 0.15 m (0.49 ft) 

1.4 m (4.59 ft) 1.14 m (3.74 ft) 0.26 m (0.85 ft) 

G A014/12 

Claudia & Jack Scivoletto 

Plan 65M2075 Pt Lot 3 RP 65R29411 Part 2 

36 Anglin Drive 


To provide relief from the provisions of By-law 235-97, as amended, to permit a reduced east side yard 

setback to accommodate the existing enclosed carport. 

By-Law 

Requirement Proposed Difference


Minimum Side Yard Setback 

1.5 m ( 4.92 ft) 0.3048 m ( 1.00 ft) 1.1952 m ( 3.92 ft) 

H A015/12 

Raymond Carofano & Lisa Carofano 


172 Ruggles Avenue 


To provide relief from the provisions of By-law 66-71, as amended, to permit an increased maximum 

height to accommodate the construction of a two storey single family dwelling. 

By-Law 


Maximum Height 8.5 m ( 27.89 ft) 9.3 m ( 30.51 ft) 0.8 m ( 2.62 ft) 

I A016/12 

Sciulli Holdings Inc. 


11 Aubrey Avenue 


To provide relief from the provisions of By-law 1275 (RU) to permit a reduced lot frontage (existing), 

reduced east and west side yard setbacks, increased maximum eave projection setback, and increased 

maximum driveway width to accommodate the construction of a two storey single family dwelling. The 

existing dwelling is to be demolished. 

By-Law 


Maximum Driveway width 6 m ( 19.69 ft) 6.15 m ( 20.18 ft) 0.15 m ( 0.49 ft) 

Minimum Frontage 22.9 m ( 75 ft) 15.24 m ( 50.00 ft) 7.66 m ( 25 ft) 

Maximum Eave Projection 0.61 m (2 ft) 0.79 m ( 2.59 ft) 0.18 m ( 0.59 ft) 

Minimum Sideyard setback - 

east 

1.52 m (5ft) 1.25 m ( 4.10 ft) 0.27 m ( 0.90 ft) 


west 

1.52 m (5 ft) 1.44 m ( 4.72 ft) 0.08 m ( 0.28 ft) 

OTHER BUSINESS



COMMITTEE OF ADJUSTMENT 

CONSENT STAFF REPORT 

A 

APPLICATION: B013/12 

DATE: MARCH 1, 2012 

NAME OF OWNER: 

NAME OF AGENT: 

ORNELLA GAROFALI 

MURRAY EVANS OF EVANS PLANNING 

STATUTORY AUTHORITY: Section 53 of The Planning Act, 1990 

PROPERTY: Plan M807 Pt Lot 10 RP 65R24909 Part 2 

69A Puccini Drive 


TOTAL AREA 

1,022.00 m 2 

11,000.72 ft 2 

PROPOSAL: 






will remain. 

PRESENT DESIGNATION AND STANDARDS: 

Official Plan: “Residential” under OPA 129 

Zoning Classification: "Single Detached Six (R6) Zone" 

Zoning By-law: 

313-96, as amended 

ZONING PROVISIONS: 

Minimum Lot Frontage - interior 

15 m (49.21 ft) 

Minimum Lot Frontage - corner 

17 m (55.77 ft) 

Minimum Lot Area - interior 

500 sq.m. (5, 382 sq.ft.) 

Minimum Lot Area - corner 

565 sq.m. (6,081 sq.ft.) 

Minimum Front Yard Setback 

4.5 m (14.7 ft) 


1.5 m (4.9 ft) 

Minimum Exterior Side Yard Setback 3 m (9.8 ft) 

Minimum Rear Yard Setback 

7.5 m (24.6 ft) 

Maximum Height 

11 m (36 ft) 

Maximum Lot Coverage 40% 

NOTE: 

The above noted zoning provisions are only the general standards for this zone and are 

provided for the reference of the Members of the Committee of Adjustment. Full 

compliance with all applicable zoning standards is the responsibility of the landowner 

and must be ensured prior to the issuance of any Building Permits based upon the 

submission of a detailed full set of building plans. 

SITE LOCATION AND ADJACENT USES: 

The subject lands are comprised of two properties located on the south side of Puccini Drive. The site is 

within an established low density residential community and contains single detached homes on 69A 

and 69B Puccini Drive. The site is generally clear of vegetation. The surrounding lands are developed


with single detached homes, most of which have been built within the last 40 years. A townhouse 

development abuts the lands to the west, future residential to the north, and an approved draft plan of 

subdivision to the east and south. 

CIRCULATED DEPARTMENTS AND AGENCIES COMMENTS RECEIVED 

Arborist: 

No response. 

Building Department/Zoning Section: 

The proposed consent application will not create areas of noncompliance with respect to the Zoning Bylaw. 

By-Law Enforcement: 

No response. 

The Development Engineering Division: 

The Development Engineering Division has reviewed the above noted application and has no concerns 

nor objections provided the severed parcel is merged in title with lands known municipally as 69 Puccini 

Drive. 

Finance: 

1. No Cash-in-Lieu is required as a result of this severance because no additional parcel of land is 

being created. 

2. Payment of all current and outstanding taxes to date of consent. 

3. Other Comments: Lot Addition 

Parks: 

As per your request we have reviewed the drawings and have the following comments. 

1. The owner should note that they must comply with the Tree Preservation By-law No. 41-07 as it 

applies. 

2. The owner should note that they must comply with the Street Tree Bylaw No. 40-07, as it relates to 

Town trees fronting the property. 

3. Any new lots will be subject to parkland dedication at the time of building permit. 

Planning Department: 

The properties are designated “Residential” and within an identified “Infill” area under the Official Plan 

where severances along existing frontages and backlot subdivisions are encouraged. 

With the current consent submissions, the owners of the subject lands are seeking approval of its 

request to sever the rear portion of its existing land holdings as a lot addition to be merged in title with 

the property to the east, municipally known as 69 Puccini Drive. The existing single detached dwellings 

on 69A and 69B Puccini Drive would be retained. No new lots are to be created as a result of the lot 

addition. 

Staff is therefore of the opinion consent applications B013/12 and B014/12 are in keeping with the 

Official Plan and the Zoning By-law and that it constitutes proper and orderly development of the 

subject lands. 

Staff therefore has no objections to the approval of the consent applications. 

H.R.H.: 

PowerStream Inc.: 

Enbridge Gas Distribution Inc.: 

Not circulated. 

No objections. 

No response.


Bell Canada: 

York Region Transportation & Works Department: 

(Design & Construction Branch) 

York Region District School Board 

York Region Separate School Board 

T.R.C.A.: 

CN Rail: 

TransCanada Pipeline: 

Abutting Municipality (Vaughan): 

Ministry of Transportation: 

No response. 

No response. 

No response. 

No response. 

No response. 



No concerns. 


Committee of Adjustment: 

This application was circulated to the commenting departments and agencies on February 6, 2012. 

Previous/ Concurrent Applications for the Subject Lands: N/A 

RECOMMENDATION: 

Should the Committee find it appropriate to approve this application, the following conditions are 

recommended: 

FINANCE 


COMITTEE OF ADJUSTMENT: 

2. That the severed parcel be merged in title with the abutting land to the east, municipally known as 

69 Puccini Drive and the applicant’s solicitor provide an undertaking in writing that this condition 

will be fulfilled. (Subsection 50 (3 or 5) of the Planning Act, R.S.O. 1990, as amended, applies to any 

subsequent conveyance of or transaction involving the parcel of land that is the subject of this 

consent.). 

3. That the applicant provides the secretary-treasurer with either a registrable description or a deed 

conveying the severed land (easement), for use for the issuance of the certificate of consent. 

4. That the applicant provides one white print of a deposited plan of reference of the entire land which 

conforms substantially with the application as submitted. 

WARNING: 

ALL Conditions must be fulfilled within one year of the date of the giving of the Notice of 

Decision, failing which this application shall thereupon be deemed to be refused. 

Section 53(41), The Planning Act R.S.O., 1990 

FINANCE/REGIONAL AND MUNICIPAL NOTICE: 

Please note that the Town, Regional and Educational development charges are payable prior to building 

permit issuance. Water meter and tree charges are also applicable at that time. 

The Town will require land to be conveyed for park or other public recreation purposes or, at its option, 

the Town will require a payment of cash-in-lieu of such land prior to the issuance of a building permit 

pursuant to Section 42 of the Planning Act for the retained lands unless the Finance Department 

receives documentation that parkland was given or cash-in-lieu of parkland was paid on these lands, or 

that an existing structure is to be demolished (must build within four years from the date of demolition).


Development charges will also be applicable on the retained lands prior to building permit issuance 

unless the Finance Department receives documentation that levies were paid on these lands, or that an 

existing structure is to be demolished. (Must build within four years from the date of the Demolition 

Permit.) 

_______________________________ 

Linda Gavey, ACST 

Secretary-Treasurer 

Committee of Adjustment





B 

APPLICATION: B014/12 




NICK & ANNA PRIMIANI 



PROPERTY: Plan M807 Pt Lot 10 RP 65R24909 Part 1 

69B Puccini Drive 


TOTAL AREA 

1,113.00 m 2 

11,980.23 ft 2 

PROPOSAL: 






will remain. 

PRESENT DESIGNATION AND STANDARDS: 

Official Plan: “Residential” under OPA 129 

Zoning Classification: "Single Detached Six (R6) Zone" 


313-96, as amended 


Minimum Lot Frontage - interior 

15 m (49.21 ft) 

Minimum Lot Frontage - corner 

17 m (55.77 ft) 

Minimum Lot Area - interior 

500 sq.m. (5, 382 sq.ft.) 

Minimum Lot Area - corner 

565 sq.m. (6,081 sq.ft.) 


4.5 m (14.7 ft) 


1.5 m (4.9 ft) 

Minimum Exterior Side Yard Setback 3 m (9.8 ft) 

Minimum Rear Yard Setback 

7.5 m (24.6 ft) 


11 m (36 ft) 


NOTE: 




and must be ensured prior to the issuance of any Building Permits based upon the 


SITE LOCATION AND ADJACENT USES: 

The subject lands are comprised of two properties located on the south side of Puccini Drive. The site is 

within an established low density residential community and contains single detached homes on 69A 

and 69B Puccini Drive. The site is generally clear of vegetation. The surrounding lands are developed


with single detached homes, most of which have been built within the last 40 years. A townhouse 

development abuts the lands to the west, future residential to the north, and an approved draft plan of 

subdivision to the east and south. 


Arborist: 

No response. 


The proposed consent application will not create areas of noncompliance with respect to the Zoning Bylaw. 


No response. 


The Development Engineering Division has reviewed the above noted application and have no concerns 

nor objections provided the severed parcel is merged in title with lands known municipally as 69 Puccini 

Drive. 

Finance: 

1. No Cash-in-Lieu is required as a result of this severance because no additional parcel of land is 

being created. 


3. Other Comments: Lot Addition 

Parks: 



applies. 





The properties are designated “Residential” and within an identified “Infill” area under the Official Plan 

where severances along existing frontages and backlot subdivisions are encouraged. 

With the current consent submissions, the owners of the subject lands are seeking approval of its 

request to sever the rear portion of its existing land holdings as a lot addition to be merged in title with 

the property to the east, municipally known as 69 Puccini Drive. The existing single detached dwellings 

on 69A and 69B Puccini Drive would be retained. No new lots are to be created as a result of the lot 

addition. 

Staff is therefore of the opinion consent applications B013/12 and B014/12 are in keeping with the 

Official Plan and the Zoning By-law and that it constitutes proper and orderly development of the 

subject lands. 

Staff therefore has no objections to the approval of the consent applications. 

H.R.H.: 





No response.


Bell Canada: 





T.R.C.A.: 

CN Rail: 


Abutting Municipality (Vaughan): 


No response. 

No response. 

No response. 

No response. 

No response. 



No concerns. 







recommended: 

FINANCE 



2. That application B013/12 receive final certification of the Secretary-Treasurer and be registered on 

title prior to completion of this application. 

3. That the severed parcel be merged in title with the abutting land to the east, municipally known as 

69 Puccini Drive and the applicant’s solicitor provide an undertaking in writing that this condition 

will be fulfilled. (Subsection 50 (3 or 5) of the Planning Act, R.S.O. 1990, as amended, applies to any 

subsequent conveyance of or transaction involving the parcel of land that is the subject of this 

consent.). 





WARNING: 









pursuant to Section 42 of the Planning Act for the retained lands unless the Finance Department



that an existing structure is to be demolished (must build within four years from the date of demolition). 




Permit.) 

_______________________________ 








C 

APPLICATION: B015/12 RELATED FILE: B016/12 




THORNHILL VILLAGE ESTATE INC. 



PROPERTY: Plan 1931 Pt Lot 20 



TOTAL AREA 

2,877.80 m 2 

30,976.38 ft 2 

PROPOSAL: 

To sever a parcel of land approximately 15.3 metres (50 feet) by 42.2 metres (138.45 feet), approximately 

794.4 square metres (8,550.85 square feet), and retain a parcel of land approximately 16.154 metres (53 

feet) by 129.853 metres (426 feet), approximately 2,083.4 square metres (22,425.53 square feet). The 

severed lands will be landlocked until the future extension of Arten Avenue and the retained lands will 

have frontage on Elgin Mills Road West. The existing single family dwelling will remain on the retained 

lands. 

PRESENT DESIGNATION: 

Official Plan: 

New OP: 

Zoning Classification: 


“Residential Area” 

“Neighbourhood” 

"Third Density Residential (R3) Zone" 

2523, as amended 


Minimum Lot Frontage 

15.24 m (50 ft) 

Minimum Lot Area: 

557.4 sq m (6,000 sq ft) 

Minimum Front Yard Setback 7.6 m (25 ft) 

Minimum Side Yard Setback: 1.52 m (5 ft) 

Minimum Rear Yard Setback 7.6 m (25 ft) 

Minimum Flankage Yard Setback: 7.6 m (25 ft) 

Maximum Height: 

10.6 m (35 ft) 


NOTE: 




and must be ensured prior to the issuance of any building permits based upon the 


SITE CONDITIONS: 

the subject lands presently contain a single detached dwelling. 

the lands surrounding the subject lands are zoned residential.


ADJACENT LAND CONDITIONS: 

In December of 2006, Plan of Subdivision File No. D03-06001 received Draft Approval to facilitate an 

infil plan of subdivision and permit the development of 16 single family residential lots along a future 

extension of Arten Avenue. The Draft M-Plan provides for blocks at the south end of the subject 

lands that will be dedicated as part of the road allowance when the lands are severed off to form lots 

fronting onto the Arten Avenue road allowance extension. 

It is anticipated that the Subdivision Agreement and Plan of Subdivision will be finalized in the near 

future. 

In April of 2011, Committee of Adjustment File No. B003/11 was approved to facilitate the severance 

of the rear portion of 243 Elgin Mills Road West (abutting parcel to the west of the subject lands) and 

merge it with the subject property. It was noted at the time that both 243 and 245 Elgin Mills Road 

West were outside of the limits of Draft Approved Plan of Subdivision 19T(R)-06001. The intent of 

that severance application was to facilitate future rear lot severances once Arten Avenue was 

constructed and assumed by the Town. 


Arborist: 

No response. 


The proposed consent application will create areas of noncompliance with respect to the Zoning By-law. 

The R3 Zone in By-law 2523 requires that a lot have a minimum lot frontage of 50 feet, however, the 

land to be severed does not have any frontage on a public street. 


No response. 


The Development Engineering Division has reviewed the above noted application and recommends the 

inclusion of provisional conditions of consent as indicated herein: 

RESERVE BLOCK - REFERENCE PLAN CONDITION 

1. That the applicant prepare and deposit a reference plan detailing the portion of the existing reserve 

block bounding the subject lands and the existing municipal right of way, as a separate part. 

For the applicant’s information, and to allow adequate processing time, this reference plan must be 

submitted six weeks prior to the applicants anticipated completion of the severance. This is due to the 

need for an authorizing By-Law to be enacted prior to the lifting of the subject portion of the reserve 

block, providing access for the severed or retained lands of municipal services and the right of way. 

The existing reserve adjacent to the road allowance is to be dedicated as a public highway. 

necessary By-Law must be enacted prior to satisfaction of the condition. 

The 

OTHER CONDITIONS 

2. The severed parcel cannot be created until the adjoining plan of subdivision (File No. 19T-06001) is 

registered. 

3. That future Arten Avenue right of way lands being Part 3 and 4, Plan 65R-33122 be conveyed to the 

Town prior to the registration of subdivision plan File No. 19T-06001. 

Finance: 

1. No parkland or Cash-in-lieu is required as a condition of consent. However, the Applicant (owner) 

should be made aware that the Town will require land to be conveyed for park or other public 

recreation purposes or, at the option the Town, a payment of Cash-in-lieu of such land prior to the 

issuance of a building permit pursuant to Section 42 of the Planning Act. A condition of consent 

should be imposed requiring the Applicant to enter into an agreement acknowledging the forgoing, 

which agreement must be registered on title to the SEVERED PARCEL for the purpose of notice.


Further the applicant shall be required to pay the sum of $110.00 to reimburse the Town for the 

cost of registration of the agreement. (Please contact the Legal Department.) (If the applicant does 

not wish to enter into the above agreement, he or she may voluntarily pay any Cash-in-Lieu owing 

under Section 42, at an earlier date. The Applicant (Owner) may determine the amount of cash-inlieu 

required by contacting the, Finance Department). 


3. Please note that the Town, Regional and Educational Development Charges are payable prior to 

building permit issuance. Water meter and tree charges are also applicable at that time. 

Parks: 



applies. 





H.R.H.: 



Bell Canada: 





T.R.C.A.: 

CN Rail: 


Abutting Municipality: 




No response. 

No response. 

No response. 

No response. 

No response. 

No response. 







Previous/ Concurrent Applications for the Subject Lands: 

B016/12 – New Lot – Concurrent Application 



recommended:


DEVELOPMENT ENGINEERING DIVISION 










The 



registered. 



FINANCE 

4. That the applicant enters into an agreement acknowledging that the Town will require land to be 

conveyed to it for park or other public recreation purposes or, at the option of the Town, a payment 

of Cash-in-lieu of such land, pursuant to Section 42 of the Planning Act, prior to the issuance of a 

building permit. Such agreement must be registered on title to the SEVERED PARCEL for the 

purpose of notice. Further, the applicant shall be required to pay the sum of $110.00 to reimburse 

the Town for the cost of registration of the agreement (please contact the Legal Department). (If the 

applicant does not wish to enter into the above agreement, he or she may voluntarily pay any cashin-lieu 

owing under Section 42, at an earlier date. The applicant (owner) may determine the amount 

of cash-in-lieu required by contacting the Finance Department.). 







WARNING: 















Permit.)


_______________________________ 








D 

APPLICATION: B016/12 RELATED FILE: B015/12 




THORNHILL VILLAGE ESTATE INC. 






TOTAL AREA 

2,083.40 m 2 

22,425.53 ft 2 

PROPOSAL: 

To sever a parcel of land approximately 16.175 metres (53.07 feet) by 50.83 metres (166.77 feet), 

approximately 977.2 square metres (10,518.49 square feet), and retain a parcel of land approximately 

16.154 metres (53 feet) by 68.946 metres (226 feet), approximately 1,106.2 square metres (11,907 

square feet). The severed lands will be landlocked until the future extension of Arten Avenue and the 

retained lands will have frontage on Elgin Mills Road West. The existing single family dwelling will 

remain on the retained lands. 



“Residential Area” 

New OP: 

“Neighbourhood” 

Zoning Classification: "Third Density Residential (R3) Zone" 


2523, as amended 



15.24 m (50 ft) 

Minimum Lot Area: 

557.4 sq m (6,000 sq ft) 

Minimum Front Yard Setback 7.6 m (25 ft) 

Minimum Side Yard Setback: 1.52 m (5 ft) 


Minimum Flankage Yard Setback: 7.6 m (25 ft) 


10.6 m (35 ft) 


NOTE: 







the subject lands presently contain a single detached dwelling. 

the lands surrounding the subject lands are zoned residential. 

ADJACENT LAND CONDITIONS:


 

 

 

In December of 2006, Plan of Subdivision File No. D03-06001 received Draft Approval to facilitate an 

infil plan of subdivision and permit the development of 16 single family residential lots along a future 

extension of Arten Avenue. The Draft M-Plan provides for blocks at the south end of the subject 

lands that will be dedicated as part of the road allowance when the lands are severed off to form lots 

fronting onto the Arten Avenue road allowance extension. 

It is anticipated that the Subdivision Agreement and Plan of Subdivision will be finalized in the near 

future. 

In April of 2011, Committee of Adjustment File No. B003/11 was approved to facilitate the severance 

of the rear portion of 243 Elgin Mills Road West (abutting parcel to the west of the subject lands) and 

merge it with the subject property. It was noted at the time that both 243 and 245 Elgin Mills Road 

West were outside of the limits of Draft Approved Plan of Subdivision 19T(R)-06001. The intent of 

that severance application was to facilitate future rear lot severances once Arten Avenue was 

constructed and assumed by the Town. 


Arborist: 

No response. 


The proposed consent application will create areas of noncompliance with respect to the Zoning By-law. 

The R3 Zone in By-law 2523 requires that a lot have a minimum lot frontage of 50 feet, however, the 

land to be severed does not have any frontage on a public street. 


No response. 


The Development Engineering Division has reviewed the above noted application and recommends the 

inclusion of provisional conditions of consent as indicated herein: 










The 



registered. 



Finance: 

1. No parkland or Cash-in-lieu is required as a condition of consent. However, the Applicant (owner) 

should be made aware that the Town will require land to be conveyed for park or other public 

recreation purposes or, at the option the Town, a payment of Cash-in-lieu of such land prior to the 

issuance of a building permit pursuant to Section 42 of the Planning Act. A condition of consent 

should be imposed requiring the Applicant to enter into an agreement acknowledging the forgoing, 

which agreement must be registered on title to the SEVERED PARCEL for the purpose of notice. 

Further the applicant shall be required to pay the sum of $110.00 to reimburse the Town for the cost


of registration of the agreement. (Please contact the Legal Department.) (If the applicant does not 

wish to enter into the above agreement, he or she may voluntarily pay any Cash-in-Lieu owing under 

Section 42, at an earlier date. The Applicant (Owner) may determine the amount of cash-in-lieu 

required by contacting the, Finance Department). 


3. Please note that the Town, Regional and Educational Development Charges are payable prior to 

building permit issuance. Water meter and tree charges are also applicable at that time. 

Parks: 



applies. 





The owner of the subject lands is seeking approval of its request to create a parcel of land having an 

area of approximately 977.2 m 2 (10,518.5 ft 2 ) and having a frontage of approximately 16.18 m (53.07 ft) 

along the future extension of Arten Avenue. The lands to be retained, 235 Elgin Mills Road West, would 

have a lot area of approximately 1,106.2 m 2 (11,907.03 ft 2 ) with a frontage of 16.15 m (53 ft) along Elgin 

Mills Road West, and contain an existing dwelling, which is to remain. This application has been 

submitted in conjunction with severance application B015/12. 

Staff has reviewed the development request and would note that the proposal would conform with the 

infil policies of both the existing and new Town Official Plans and would facilitate a Draft Approved Plan 

of Subdivision and the future extension of Arten Avenue. Staff is further of the opinion the severance 

application constitutes proper and orderly development of the subject lands. 

However, staff is aware of the potential for the parcel to be landlocked if it is permitted to be created 

prior to the registration of the Plan of Subdivision. In order for this issue to be avoided, it is recognized 

that the block constituting the addition to the road allowance (shown as part 4 on the reference plan 

attached with the application) would have to be dedicated first, followed by the registration of the Plan of 

Subdivision, and then followed by the final clearance of the creation of the severed parcel. Given that 

Development Engineering has already outlined this procedure and has recommended approval with 

appropriate conditions, staff has no objections and would recommend the application be approved. 

H.R.H.: 



Bell Canada: 





T.R.C.A.: 

CN Rail: 



No response. 

No response. 

No response. 

No response. 

No response. 

No response. 

Not circulated.



Abutting Municipality: 







Previous/ Concurrent Applications for the Subject Lands: 

B015/12 – New Lot – Concurrent Application 



recommended: 

DEVELOPMENT ENGINEERING DIVISION 










The 



registered. 



FINANCE 

4. That the applicant enters into an agreement acknowledging that the Town will require land to be 

conveyed to it for park or other public recreation purposes or, at the option of the Town, a payment 

of Cash-in-lieu of such land, pursuant to Section 42 of the Planning Act, prior to the issuance of a 

building permit. Such agreement must be registered on title to the SEVERED PARCEL for the 

purpose of notice. Further, the applicant shall be required to pay the sum of $110.00 to reimburse 

the Town for the cost of registration of the agreement (please contact the Legal Department). (If the 

applicant does not wish to enter into the above agreement, he or she may voluntarily pay any cashin-lieu 

owing under Section 42, at an earlier date. The applicant (owner) may determine the amount 

of cash-in-lieu required by contacting the Finance Department.). 



6. That application B015/12 receive final certification of the Secretary-Treasurer and be registered on 

title prior to completion of this application. 





WARNING:
















Permit.) 

_______________________________ 







MINOR VARIANCE STAFF REPORT 

E 

MINOR VARIANCE APPLICATION A012/12 




STEVE PAGLIALUNGA 

PAUL PAGLIALUNGA 


PROPERTY: Plan 65M2125 Lot 5 

6 Josie Drive 


REQUEST: 

To obtain relief from the provisions of By-law 2523, as amended, to permit 

increased maximum percentage lot coverage, to accommodate the construction of 

a proposed two storey single family dwelling. 

By-Law 


Maximum Lot Coverage 30% 35% 5% 





Residential under the Town of Richmond Hill Official Plan 

Third Density Residential (R3) Zone 

By-law 2523-60, as amended 



15.24 m (50 ft) 

Minimum Lot Area 557.4 m 2 (5,000 ft 2 ) 



7.62 m (25 ft) 

Minimum Interior Side Yard Setback 1.52 m (5 ft) 

Minimum Rear Yard 

9.14 m (30 ft) 


10.67 m (35 ft) 

NOTE: 







The subject lands are located on the north side of Josie Drive, west of May Avenue. 

The property currently supports a single family detached dwelling. 


North: Residential Uses 

South: Josie Drive


East: 

West: 

Residential Uses 

Residential Uses 


Arborist: 

No response. 



Development Engineering: 

Finance: 

The requested variances are correct. 

No response. 

No concerns or objections. 


Parks: 

As per your request we have reviewed the drawings and have the following comments: 


applies. 


Town trees fronting the property 


4. Tree #419 is recommended for removal due to its hazardous conditions, which we have no objection 

to. However, we note that the tree is located on the property boundary with the adjacent home owner 

and highly recommend that the applicant discuss the tree's removal prior to the commencement of 

any work as it may affect the surrounding privacy fence. 

Planning: 

The owner of the subject lands is seeking to vary the provision for maximum lot coverage under Bylaw 

2523-60, as amended from 30% to 32% to facilitate the construction of a two-storey, single 

family dwelling. 

The subject lands are zoned “Third Density Residential (R3)” Zone under By-law 2523-60, as 

amended. This by-law regulates the size of dwellings based on lot coverage rather than maximum 

gross floor area to allow homes to be developed proportionately with lot size. It should be noted that 

the total lot coverage of the proposed dwelling is 35%, however By-law 100-10 removes both covered 

and uncovered porches from the calculation of lot coverage, resulting in a net coverage of 32%. 

Planning staff has reviewed the owner’s proposal and would recommend that the Minor Variance 

application be approved since the requests are considered to be in keeping with the intent of both 

the Official Plan and Zoning By-law for the area, the requests are considered to be minor in nature 

and are considered to be appropriate for the development of area in which the subject lands are 

located. 

H.R.H.: 



Bell Canada: 



York Region District School Board: 




No response. 

No response. 

Not circulated.


York Region Separate School Board: 

T.R.C.A.: 

CN Rail: 



No response. 







Should the Committee find it appropriate to approve this application, the following condition(s) is (are) 

recommended: 

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

2. That development be substantially in accordance with the sketch submitted with the application. 

FOR THE FOLLOWING REASONS: 

1. The general intent and purpose of the by-law will be maintained. 

2. The general intent and purpose of the official plan will be maintained. 

3. The requested variance(s) is/are acceptable for the appropriate development of the subject lands. 

4. The requested variance(s) is/are minor in nature. 

___________________________________ 








F 





DAVID & DIANA SANSONE 

RN DESIGN 


PROPERTY: Plan 288 Pt Lt 2 

106 Moray Avenue 


REQUEST: 

To obtain relief from the provisions of By-law 256-88, to permit a reduced front 

yard setback and reduced north and south interior side yard setbacks to 

accommodate the construction of a proposed two storey single family dwelling. 

Minimum Front Yard 

Setback 

Minimum Sideyard 

Setback - North Side 

Minimum Sideyard Setback - 

South Side 

By-Law 


7.28 m (23.88 ft) 6.4 m (21.00 ft) 0.88 m (2.89 ft) 

1.4 m (4.59 ft) 1.25 m (4.10 ft) 0.15 m (0.49 ft) 

1.4 m (4.59 ft) 1.14 m (3.74 ft) 0.26 m (0.85 ft) 


Official Plan: “Residential” and “Development Area 2C” OPA 129 


“Residential Single Family Six” (R6) 


By-law No. 256-88, as amended 



(Interior): 

Minimum Lot area (Interior): 

Minimum Front Yard Setback: 

Minimum Side Yard Setback: 

Minimum Rear Yard Setback: 

Maximum Lot Coverage: 


R6 

15 m (49.21 ft) 

502 m 2 (5403.48ft 2 ) 

Average between the setback established by existing dwellings 

and the front yard requirement of 4.5 m (14.76 ft) 

1.4 m (4.59 ft) 

7.5 m (24.61 ft) 

40% 

11 m (36.09 ft) and 2 storeys 

NOTE: 





submission of a detailed full set of building plans.



The subject lands are located on the west side of Moray Avenue, north of North Lake Road. 

The property currently supports one single detached dwelling which is proposed to be demolished 

and replaced with a two-storey single detached dwelling. 


North: Vacant 

South: Residential uses 

East: Residential uses and Moray Avenue 

West: Residential uses 


Arborist: 

No response. 




Finance: 


No response. 



Parks: 



applies. 




Planning: 

The lands are subject to a site plan application (Town File No. D06-11066) to facilitate the 

construction of a two-storey single detached dwelling. The applicant has addressed a majority of 

issues identified through the site plan approval process and is currently seeking approval for a 

minor variance to permit reduced front and side yard setbacks. 

Staff has considered the proposed relief and supports the relief on the following basis: 

• the southerly side yard setback of 1.14 metres pertains only to the garage. Further, the proposed 

dwelling’s side wall generally maintains a significant setback from the attached garage of the 

dwelling on the abutting lot to the south; 

• the northerly setback yard setback of 1.25 metres currently abuts vacant land. Further, the 

proposed setback exceeds the modern standard of 1.2 metres for a side yard setback; and, 

• staff has considered that the lot is irregularly shaped due to the skewing of the front and rear lot 

lines. In this regard, the siting of the proposed dwelling results in a portion of the front of the 

garage being in non-compliance with the required front yard setback. Staff notes that the 

majority of the proposed dwelling meets or exceeds the front yard setback requirement. 

In consideration of the preceding, staff considers the requested minor variances to meet the intents 

of the Official Plan and the Zoning By-law, to be minor in nature and to be appropriate development 

for the subject lands. Staff would recommend that Committee approve the Minor Variance 

application. 

H.R.H.: 

Not circulated.




Bell Canada: 





T.R.C.A.: 

CN Rail: 




No response. 

No response. 



No response. 








recommended: 








___________________________________ 








G 





CLAUDIA & JACK SCIVOLETTO 

JIM KOTSOPOULOS 


PROPERTY: Plan 65M2075 Pt Lot 3 RP 65R29411 Part 2 

36 Anglin Drive 


REQUEST: 

To provide relief from the provisions of By-law 235-97, as amended, to permit a 

reduced east side yard setback to accommodate the existing unenclosed carport. 


By-Law 


1.5 m ( 4.92 ft) 0.3048 m ( 1.00 ft) 1.1952 m ( 3.92 ft) 


Official Plan: “Residential Low Density” under OPA 138 


"Single Detached Six (R6) Zone" 


By-law No. 235-97, as amended 



15 m (49.2 ft) 

Minimum Lot area 

500 sq m (5,382 sq ft) 


4.5 m (14.7 ft) 


1.5 m (4.9 ft) 


7.5 m (24.6 ft) 


11 m (36 ft) 


NOTE: 







The subject land is located on the west side of Anglin Drive, east of Yonge Street and north of 

19 th Avenue. The property currently supports one single detached dwelling with an attached 

three-car garage and underground parking, in addition to a pool, two sheds and a carport. 

 

The subject land is located within the Anglin Drive/Long Hill Drive/19 th Avenue Infill Study Area. 

Historically, the neighbourhood was developed on private services and characterized by large 

residential lots. As a result of the extension of municipal services to the area, approximately half


of the existing residential lots have applied for and received approval for Zoning By-law 

Amendments to facilitate new lot creation. 


North: Residential 

South: Residential 

East: Residential/Anglin Drive 

West: Residential 


Arborist: 

No response. 


The requested variance is correct, however, please see comments below: 

A revision to the original Building Permit #2008-20786 was issued for an unenclosed portico/carport 

with a minimum setback of 1.5 metres to the posts and 0.6 metres to the roof overhang. Please not that 

a further revision to the permit is required for the enclosed structure that was built with a 0.348 metre 

setback. 


No response. 


The Development Engineering Section has reviewed the subject minor variance application and advises 

the Committee as follows: 

The approved grading plan for 36 Anglin Drive identifies a drainage swale to be located 1.2 metres away 

from the property line along the east sideyard. A revised grading plan showing the enclosed 

portico/carport will be required to demonstrate how the drainage pattern and functionality of the swale 

will be maintained within a 0.3 metre setback. 

Finance: 


Parks: 



applies. 




Planning: 

The subject lands are zoned “Single Detached Six (R6) Zone” in accordance with Zoning By-law No. 

235-97, which permits single detached dwellings having a minimum side yard setback of 1.5 metres 

(4.92 feet). A Minor Variance application has been submitted to reduce the minimum southerly 

interior side yard setback requirement to 0.3048 metres (1.00 foot) in order to recognize an existing 

unenclosed carport. 

The applicant obtained a building permit in 2009 (Permit No. 2008-20786) to construct an 

unenclosed carport on the side of the existing single detached dwelling, with a minimum southerly 

interior side yard setback of 1.5 metres (4.92 feet). A recent review by the Building Division has 

confirmed that the existing carport was not constructed in accordance with the approved drawings 

and the resulting interior side yard setback of 0.3048 metres (1.00 foot) between the property line 

and a structural post does not comply with the Zoning By-law. Furthermore, the approved grading 

plan identifies a drainage swale to be located 1.2 m away from the property line. Consequently, the


applicant is required to demonstrate how the drainage pattern and functionality of the swale will be 

maintained within a 0.3048 metre setback. 

The Zoning By-law requires a minimum interior side yard setback of 1.5 metres in order to preserve 

the larger-lot development character of the area and to ensure that there is sufficient separation 

distance between adjacent dwellings and property lines from a privacy, access, property 

maintenance and streetscaping perspective. Furthermore, the required interior side yard setback in 

intended to facilitate proper lot grading and drainage. 

Staff notes that the applicable Zoning By-law requires the provision of at least two parking spaces on 

the subject land. In this regard, the applicant recently constructed a dwelling that accommodates 

an attached three-car garage at grade with underground parking beneath. Furthermore, the 

property accommodates two lengthy driveways which provide the opportunity for additional parking 

if necessary. 

In light of the above noted review, staff is of the opinion that the requested variance is not minor in 

nature, is not desirable for the appropriate development of the subject land, and does not maintain the 

intent of the Zoning By-law. 

H.R.H.: 



Bell Canada: 





T.R.C.A.: 

CN Rail: 





No response. 

No response. 



No response. 








recommended: 




1. The general intent and purpose of the by-law will be maintained.





___________________________________ 








H 





RAYMOND & LISA CAROFANO 

DAVE MANCINI 



172 Ruggles Avenue 


REQUEST: 

To provide relief from the provisions of By-law 66-71, as amended, to permit an 

increased maximum height to accommodate the construction of a two storey 

single family dwelling. 

By-Law 


Maximum Height 8.5 m ( 27.89 ft) 9.3 m ( 30.51 ft) 0.8 m ( 2.62 ft) 



Residential under the Town of Richmond Hill Official Plan 


Residential Second Density (R2) Zone 

Zoning By-law: By-law 66-71, as amended by By-law 212-92 


Minimum Lot Area: 464.52 m 2 (5000 ft 2 ) 

Minimum Lot Frontage: 

15.24 m (50 ft) 

Minimum Front Yard Setback Determined by a line connecting the two main walls of the 

abutting dwellings (shall not be less than 6.1 m (20 ft)) 

Minimum Side Yard Setback: 2.1 m (6.9 ft) 


Maximum Gross Floor Area: 265 m 2 (2852.43 ft 2 ) 


8.5 m (27.89 ft) 

NOTE: 







The subject lands are located on the west side of Ruggles Avenue, south of Major Mackenzie Drive 

East. 

The lands are currently vacant. 


North: Residential Uses


South: Residential Uses 

East: Ruggles Avenue 

West: Residential Uses 


Arborist: 

No response. 




Finance: 


No response. 



Parks: 



applies. 




Planning: 

The owner of the subject lands is seeking to vary the provision for maximum height under By-law 

66-71, as amended by By-law 212-92, from 8.5 m (27.89 ft) to 9.3 m (30.51 feet) to facilitate the 

construction of a two-storey, single family dwelling. 

The subject lands are zoned “Residential Second Density (R2) Zone” under By-law 212-92; an 

amendment to the parent by-law for the area, By-law 66-71, as amended. By-law 212-92 was passed 

with the intent of restricting monster homes in the neighbourhood affected by the by-law. The 

neighbourhood consists of primarily one-storey single detached dwellings; however redevelopment 

has occurred with larger one and two-storey single family dwellings being built. This variance is 

necessary given the grade difference between the subject lands and Ruggles Avenue and the way the 

By-law contemplates dwelling height. In this regard, the by-law notes that the height of a dwelling be 

taken from the centre line of the road. That being said, the property line of the subject lands sits 0.8 

m (2.62 ft) higher than the centre line of Ruggles Avenue, resulting in the dwelling being 0.8 m 

higher than the by-law allows, despite the actual height of the dwelling being in compliance. 

Planning staff has reviewed the owner’s proposal and would recommend that the Minor Variance 

application be approved since the requests are considered to be in keeping with the intent of both 

the Official Plan and Zoning By-law for the area, the requests are considered to be minor in nature 

and are considered to be appropriate for the development of area in which the subject lands are 

located. 

H.R.H.: 



Bell Canada: 






No response. 

No response.




T.R.C.A.: 

CN Rail: 




No response. 








recommended: 








___________________________________ 








I 





SCIULLI HOLDINGS INC. 

DANIEL BERRY OF VULCAN DESIGN INC. 



11 Aubrey Avenue 


REQUEST: 

To provide relief from the provisions of By-law 1275 (RU) to permit a reduced lot 

frontage (existing), reduced east and west side yard setbacks, increased maximum 

eave projection setback, and increased maximum driveway width to accommodate 

the construction of a two storey single family dwelling. The existing dwelling is to 

be demolished. 

By-Law 


Maximum Driveway width 6 m ( 19.69 ft) 6.15 m ( 20.18 ft) 0.15 m ( 0.49 ft) 

Minimum Frontage 22.9 m ( 75 ft) 15.24 m ( 50.00 ft) 7.66 m ( 25 ft) 

Maximum Eave Projection 0.61 m (2 ft) 0.80 m ( 2.62 ft) 0.19 m ( 0.62 ft) 


east 

1.52 m (5ft) 1.43 m ( 4.69 ft) 0.09 m ( 0.31 ft) 


west 

1.52 m (5 ft) 1.26 m ( 4.13ft) 0.26 m ( 0.87 ft) 






Minimum Lot Frontage (Interior): 

Minimum Lot area (Interior): 

Minimum Front Yard Setback: 




“Residential” 

“Residential Urban (RU) Zone” 

By-law No. 1275, as amended 

22.86 m (75 ft) 

929.03 m 2 (10,000 ft 2 ) 

9.14 m (30 ft) or established building line whichever is the 

lesser 

Combined side yard of 20% of lot width. Each side yard 

shall have a minimum 1.52 m (5 ft) 

20% of lot depth but shall not exceed 9.14 m (30 ft) 

10.67 m (35 ft) or 2½ storeys 

NOTE: 




and must be ensured prior to the issuance of any building permits based upon the




The subject land is located on the east side of Yonge Street, south of Aubrey Avenue. 

11 Aubrey Avenue currently supports one single detached dwelling which is proposed to be 

demolished 


The subject lands are surrounded by low density residential dwellings. 

BACKGROUND: 

The purpose of given variance application is to recognize the existing frontage, existing driveway 

width and provide relief for reduced side yard setbacks and increased eave projection to 

accommodate the construction of a two storey single family dwelling. 

The variance for A016/12 is as follows: 

reduce minimum lot frontage from 22.9 m (75 ft) to 15.24 m (50.00 ft) , minimum side yard 

setback east from 1.52 m (5.00 ft) to 1.26 m (4.13 ft) and minimum side yard setback west from 

1.52 m (5.00 ft) to 1.43 m (4.69 ft); and, 

increase maximum driveway width from 6.00 m (19.69 ft) to 6.15 m (20.18 ft) and minimum eave 

projection from 0.61 m (2.00ft) to 0.80 m (2.62 ft). 


Arborist: 

No response. 




Finance: 


No response. 



Parks: 



applies. 




4. Tree #419 is recommended for removal due to its hazardous conditions, which we have no objection 

to. However, we note that the tree is located on the property boundary with the adjacent home owner 

and highly recommend that the applicant discuss the tree's removal prior to the commencement of 

any work as it may affect the surrounding privacy fence. 

Planning: 

The subject lands are presently designated “Residential” under the Town’s General Official Plan. 

Main permitted uses under the “Residential” designation are to be predominantly single-detached, 

semi-detached and duplex dwellings. 

The lands are zoned RU under Zoning By-law No. 1275, as amended, which permits primarily singledetached 

dwellings. Staff notes that the proposed side yard setbacks of 1.26 m (4.13 ft) and 1.43 m 

(4.69 ft) are functional with respect to the engineering services and maintain the intent and purpose 

of the zoning by-law.


Regarding frontage, Staff notes that a number of adjacent lots to the west of the property all feature 

50 foot frontages and are legally existing lots created through a plan of subdivision. The increase in 

maximum driveway and minimum eave projection is very minor and would not impact the intent of 

the zoning by-law in any way. Staff would recommend that the requested variances are minor in 

nature, desirable for appropriate development of the subject lands, and maintain the intent of both 

the Official Plan and Zoning By-law. 

H.R.H.: 



Bell Canada: 





T.R.C.A.: 

CN Rail: 





No response. 

No response. 



No response. 








recommended: 








___________________________________

March 1, 2012 Page 1 AGENDA TOWN OF RICHMOND HILL ...

Create successful ePaper yourself

Delete template?

Save as template?