Applicant: Brian Lampert & Doryn Taurog. Condition of Approval Building Standards Development Planning Engineering TRCA PowerStream Other - Other -

Transcription

1 File: A279/12 Item # 15 Ward #5 Applicant: Brian Lampert & Doryn Taurog Address: Agent: 27 Malka Gate, Thornhill NONE Adjournment Status: Notes: Comments/Conditions: Commenting Department Comment Condition of Approval Building Standards Development Planning Engineering TRCA PowerStream Other - Other - Legend: - Positive Comment - Negative Comment Prepared By: Pravina Attwala

2 COMMITTEE OF ADJUSTMENT 2141 Major Mackenzie Drive, Vaughan, Ontario, L6A 1T1 Tel [905] Fax [905] NOTICE OF APPLICATION MINOR VARIANCE FILE NUMBER: A279/12 APPLICANT: PROPERTY: ZONING: Brian Lampert & Doryn Taurog Part of Lot 6, Concession 2 (Lot 36, Registered Plan 65M-3053, municipally known as 27 Malka Gate, Thornhill) The subject lands are zoned R4, Residential, under By-law 1-88, as amended. PURPOSE: PROPOSAL: BY-LAW REQUIREMENT: To permit the construction of a swimming pool and pool equipment, related to a single family dwelling, as follows: 1. To permit an inground swimming pool to be partially located in the exterior side yard. 2. To permit a minimum exterior side yard setback of 1.22 m to an inground swimming pool. 3. To permit a minimum interior side yard setback of 0.15 m to pool equipment. 1. A swimming pool must be located in the rear yard. 2. A minimum exterior side yard setback of 4.5 m is required to a swimming pool. 3. A minimum interior side yard setback of 1.2 m is required to pool equipment. 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, September 20, 2012 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 may be disclosed to any individual 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 5 th DAY OF SEPTEMBER, Todd Coles, BES, MCIP, RPP Manager of Development Services and Secretary-Treasurer to Committee of Adjustment Form 9

3

4

5 27 FILE NUMBER: A279/12 COMMITTEE OF ADJUSTMENT 2141 Major Mackenzie Drive, Vaughan, ON L6A 1T1 Phone: (905) Fax: (905) APPLICANT: Brian Lampert & Doryn Taurog Subject Area Municipally known as 27 Malka Gate, Thornhill

6

7

8

9

10

11

12

13

14

15 To: Committee of Adjustment From: Susan Okom, Building Standards Department Date: August 17, 2012 Name of Owner Brian Lampert and Doryn Taurog Location: 65M-3053 Lot Malka Gate File No. A279/12 Zoning Classification: The subject lands are zoned R4, Residential, under By-law 1-88, as amended. Staff Comments: Proposal: 1. To permit an inground swimming pool to be partially located in the exterior side yard. 2. To permit a minimum exterior side yard setback of 1.22 m to an inground swimming pool. 3. To permit a minimum interior side yard setback of 0.15 m to pool equipment. By-Law Requirements: 1. A swimming pool must be located in the rear yard. 2. A minimum exterior side yard setback of 4.5 m is required to a swimming pool. 3. A minimum interior side yard setback of 1.2 m is required to pool equipment. Stop Work Orders and Orders to Comply: None Building Permits Issued: None A building permit is required for an inground swimming pool. Comments: None Conditions of Approval: None RECEIVED August 20, 2012 VAUGHAN COMMITTEE OF ADJUSTMENT Please note: These comments are based on a review of the documentation supplied with this application. Upon submission of detailed drawings for building/site plan approval, additional variances may be identified.

16 DATE: September 13, 2012 REVISED RECEIVED September 13, 2012 Page 1 of 2 VAUGHAN COMMITTEE TO: FROM: Todd Coles, Committee of Adjustment Grant Uyeyama, Director of Development Planning Development Planning Department MEETING DATE: September 20, 2012 OWNER: Brian Lampert and Doryn Taurog FILE(S): A279/12 Location: Proposal: 27 Malka Gate, Thornhill Ward 5, Vicinity of Dufferin Street and Highway 407 The Owner is requesting permission to construct an in-ground swimming pool and install pool equipment with the following variances to Zoning By-law 1-88: Variance Proposed Required 1 Location of in-ground swimming pool Partially located in exterior side yard Rear yard only 2 Minimum exterior side yard 1.22m 4.5m setback to an in-ground swimming pool 3 Minimum interior side yard setback to pool equipment 0.15m 1.2m Official Plan: Comments: The subject lands are designated Low Density Residential by in-effect OPA #210 (Thornhill Community Plan). The subject lands are also designated Low-Rise Residential by the new City of Vaughan Official Plan 2010, which is subject to approval from the Ontario Municipal Board. The proposal conforms to the policies of the Official Plan. The proposed pool is appropriately enclosed with wood fencing and self-latching gates. The Development Planning Department has no objection to the proposed location and side yard setback to the proposed pool. The proposed pool equipment is located on a registered maintenance easement in favour of the property to the south, referenced as Part 11 on Reference Plan 65R The Owner has submitted a signed letter from the neighbouring Owners at 23 Malka Gate, indicating that they have no objection to the location of the proposed pool equipment. Additionally, the subject lands maintain appropriate access to the rear yard from the north exterior side yard. On this basis, the Development Planning Department has no objection to the location of the proposed pool equipment. Accordingly, the Development Planning Department is of the opinion that the proposal is minor in nature, meets the intent of the Zoning By-law, and is desirable for the appropriate development of the land. Recommendation: The Development Planning Department has no objection to Minor Variance Application A279/12. Development Planning Department I City of Vaughan I 2141 Major Mackenzie Drive I Vaughan, ON L6A 1T1 T: I F: I

17 Page 2 of 2 Condition(s): Report Prepared By: None. Mark Antoine, Planner I Development Planning Department I City of Vaughan I 2141 Major Mackenzie Drive I Vaughan, ON L6A 1T1 T: I F: I

18 DATE: September 12, 2012 RECEIVED September 12, 2012 Page 1 of 2 VAUGHAN COMMITTEE TO: FROM: Todd Coles, Committee of Adjustment Grant Uyeyama, Director of Development Planning Development Planning Department MEETING DATE: September 20, 2012 OWNER: Brian Lampert and Doryn Taurog FILE(S): A279/12 Location: Proposal: 27 Malka Gate, Thornhill Ward 5, Vicinity of Dufferin Street and Highway 407 The Owner is requesting permission to construct an in-ground swimming pool and install pool equipment with the following variances to Zoning By-law 1-88: Variance Proposed Required 1 Location of in-ground swimming pool Partially located in exterior side yard Rear yard only 2 Minimum exterior side yard 1.22m 4.5m setback to an in-ground swimming pool 3 Minimum interior side yard setback to pool equipment 0.15m 1.2m Official Plan: Comments: The subject lands are designated Low Density Residential by in-effect OPA #210 (Thornhill Community Plan). The subject lands are also designated Low-Rise Residential by the new City of Vaughan Official Plan 2010, which is subject to approval from the Ontario Municipal Board. The proposal conforms to the policies of the Official Plan. The proposed pool is appropriately enclosed with wood fencing and self-latching gates. The Development Planning Department has no objection to the proposed location and side yard setback to the proposed pool. The proposed pool equipment is located on a registered maintenance easement in favour of the property to the south, referenced as Part 11 on Reference Plan 65R On this basis, the Development Planning Department cannot support the location of the proposed pool equipment, and recommends that the Owner relocate the pool equipment outside of the maintenance easement. Accordingly, the Development Planning Department is of the opinion that Variances #1 and #2 are minor in nature, meet the intent of the Zoning By-law, and are desirable for the appropriate development of the land. The Development Planning Department is of the opinion that Variance #3 is not minor in nature, does not meet the intent of the Zoning By-law, and is not desirable for the appropriate development of the land. Recommendation: The Development Planning Department supports Variances Development Planning Department I City of Vaughan I 2141 Major Mackenzie Drive I Vaughan, ON L6A 1T1 T: I F: I

19 Page 2 of 2 #1 and #2 of Minor Variance Application A279/12 The Development Planning Department does not support Variance #3 of Minor Variance Application A279/12 Condition(s): Report Prepared By: None. Mark Antoine, Planner I Development Planning Department I City of Vaughan I 2141 Major Mackenzie Drive I Vaughan, ON L6A 1T1 T: I F: I

20 DATE: September 12, 2012 RECEIVED September 13, 2012 VAUGHAN COMMITTEE TO: FROM: Todd Coles, Committee of Adjustment Nadia Porukova, Development/Transportation Engineering MEETING DATE: September 20, 2012 OWNER: Brian Lampert and Doryn Taurog FILE(S): Minor Variance Application A279/12 Location: Proposal: Comments: Conditions: 27 Malka Gate 1. To permit an inground swimming pool to be partially located in the exterior side yard. 2. To permit a minimum exterior side yard setback of 1.22m to an inground swimming pool. 3. To permit a minimum interior side yard setback of 0.15m to pool equipment. The Development/Transportation Engineering Department conducted site visit on September 10, Construction has not been started at the time of inspection. Based on as-constructed Grading Plan for Wilshire Park 65M- 3053, dated October 28, 1998, the proposed locations of the swimming pool and the pool equipment should not affect the drainage. However, the Development/ Transportation Engineering Department requires the existing drainage swales to be maintained. None.

21 RECEIVED August 27, 2012 VAUGHAN COMMITTEE OF ADJUSTMENT Date: August 23, 2012 Attention: File No s.: Pravina Attwala A281/ Hawkview Blvd, Vaughan A279/12 27 Malka Gate, Thornhill COMMENTS: (Via ) We have reviewed the submitted plan and have no objection to the proposal. It is the responsibility of the owner or his agent to contact our office and discuss all aspects of the above project. Please contact the below noted. Engineering Services # Toll Free #

22

23