Committee of Adjustment Minutes

Hearing Date: September 27, 2018

Location: 2141 Major Mackenzie Drive Council Chambers

DRAFT Time: 6:00 p.m.

Committee Member & Staff Attendance Committee Members: Joe Cesario (Chair) Mary Mauti Assunta (Sue) Perrella Hao (Charlie) Zheng Secretary Treasurer: Christine Vigneault Assistant Secretary Treasurer: Lenore Providence Assistant Secretary Treasurer: Adriana MacPherson Zoning Staff: Pia Biaslone Planning Staff: Christopher Cosentino

Members / Staff Absent: Robert Buckler, Vice Chair

Introduction of Addendum Reports

Item # File # Address / Applicant Commentator Summary

5 B007/17 1 Administration Road, Bell Bell comments: No concerns Concord (CN Railway) or objections

5 B007/17 1 Administration Road, Engineering DE Revised Comments - Concord (CN Railway) Removal of Grading Condition

6-8 B014/18, 575/615 Bowes Road, Engineering DE Revised Comments - A162/18 Concord (Wingold Recommend approval & Properties Ltd.) w/conditions A163/18

9 B017/18 23 Isa Court, Neighbour Objection Letter (42 Isa Woodbridge (Petrella) Court) - Objection to future condominium development. Staff did follow up to clarify that a single family dwelling is proposed on the severed lands.

10 A084/18 150 McNaughton Road Planning Planning Comments - E Maple (York Major Recommend approval Holdings Inc.) w/conditions

10 A084/18 150 McNaughton Road Engineering DE Revised Comments - E Maple (York Major Recommend approval Holdings Inc.) w/conditions

13 A106/18 2920 Hwy 7, Vaughan MTO MTO comments: The (Royal 7 Developments materials submitted as part of Ltd). the development application (DA.18.050) are currently under review with the MTO Corridor Management Planner for York Region.

13 A106/18 2920 Hwy 7, Vaughan Planning Planning comments; (Royal 7 Developments Recommend approval subject Ltd). to conditions COMMITTEE OF ADJUSTMENT MINUTES THURSDAY, SEPTEMBER 27, 2018

Item # File # Address / Applicant Commentator Summary

13 A106/18 2920 Hwy 7, Vaughan Planning Responses to Committee (Royal 7 Developments inquiry from applicant Ltd). provided by Planning.

15 A147/18 61 Bevshire Circle, Neighbour Letter of Objection - Sabovich Thornhill (Rappaport)

15 A147/18 61 Bevshire Circle, Engineering Adjournment required to Thornhill (Rappaport) accommodate Development Engineering comments.

21 A081/18 10483 Islington Planning Planning comments; Avenue, Vaughan Recommend approval subject (Kleinburg North to condition requiring cash in Holdings Ltd.) lieu of parking.

21 A081/18 10483 Islington Engineering DE Revised Condition - Avenue, Vaughan Clarifying registration of (Kleinburg North Agreement. Holdings Ltd.)

21 A081/18 10483 Islington Engineering DE Revised Comments - Avenue, Vaughan Incorporating amendment to (Kleinburg North condition #1 Holdings Ltd.)

Moved By: M. Mauti Seconded By: H. Zheng

That the addendum reports be incorporated into the minutes and be on view at the back of the room in the Report Book. Motion Carried. Disclosure of Pecuniary Interest Member Nature of Interest N/A N/A

Adoption of September 13, 2018 Minutes Required Amendment Page Number N/A N/A

Moved By: M. Mauti Seconded By: H. Zheng

THAT the minutes of the Committee of Adjustment Meeting of Thursday, September 13, 2018, be adopted as circulated.

Motion Carried. Adjournments Moved By: M. Mauti Seconded By: H. Zheng

That the following adjournments be approved as requested:

Item Application Adjournment Date Reason for Number Number/Address Adjournment 15 A147/18 (61 Bevshire November 1, 2018 Adjournment required to Circle, Thornhill) accommodate Development Engineering comments.

Motion Carried.

COMMITTEE OF ADJUSTMENT MINUTES THURSDAY, SEPTEMBER 27, 2018

Applications Addressed by the Committee of Adjustment Please Note: For complete application details please reference the Notice of Decision issued for each respective application. A copy can be obtained by submitting a written request to the Secretary Treasurer. 5. File: B007/17 Ward 4 Applicant: Canadian National Railway Company Agent: Stellarbridge Management Inc. (Neil Palmer) Address: 7171 Jane St. Vaughan Purpose: Consent is being requested to sever a parcel of land (from CN Railway owned lands) for industrial purposes, approximately 1303.60 square metres, as a lot addition, to be merged on title with the abutting lands to the north (municipally known as 7171 Jane Street). The retained parcel of land is approximately 953.68 acres and has multiple frontage (access) onto Administration Road, Rutherford Road, Keele Street, Jane Street, Creditstone Road et al.

The severed lands are further described as Part 1 & 2 on Plan 65R- 37397.

The severed lands are currently vacant. There are currently four (4) existing administration buildings located on the retained land.

Public Written Submissions * Public Correspondence received and considered by the Committee in making this decision (received prior to 12:00 p.m. of hearing date) Name: KLM Planning Address: 64 Jardin Drive, Unit 1B, Concord, ON L4K 3P3 Nature of Correspondence: Cover Letter

Additional Addendum Reports received and provided to the Committee from: Bell comments: No concerns or objections DE Revised Comments - Removal of Grading Condition

Representation Neil Palmer, Stellarbridge Management Inc.

Comments Neil Palmer explained the nature of the application and clarified removal of grading condition by Development Engineering.

Chairman Cesario asked if anyone present wished to comment on this application. Moved By: H. Zheng Seconded By: M. Mauti

THAT Application No. B007/17 on behalf of Canadian National Railway Company be APPROVED, in accordance with the sketch submitted with the application (as required by Ontario Regulation 200/96) and subject to the following conditions:

3. Payment of the Certificate Fee as provided on the City of Vaughan’s Committee of Adjustment Fee Schedule. 2. Development Planning That Official Plan Amendment File OP.17.004, Christopher Cosentino Zoning By-law Amendment File Z.17.010, and Site 905-832-8585 x 8215 Development Application Files DA.16.053 and [email protected] DA.17.020 be approved by Council. 3. Development Engineering 1) The Owner/applicant shall obtain approval for Brad Steeves the related Site Development Applications (DA.17.020 & DA.16.053) from the 905-832-8585 x 8977 Development Engineering (DE) Department. [email protected] 2) The Owner/applicant shall arrange to prepare and register a reference plan at their expense showing all existing and proposed easements to the satisfaction of DE. The Owner/applicant shall submit a draft reference plan to the Development Engineering Department for review prior to deposit. 4 Development Finance The owner shall pay all property taxes as levied. Nelson Pereira Payment is to be made by certified cheque, to the 905-832-8585 x 8393 satisfaction of the City of Vaughan Financial [email protected] Planning and Development Finance Department (contact Nelson Pereira to have this condition cleared).

For the Following Reasons:

1. The proposal conforms to Section 51(24) as required by Section 53(12) of the Planning Act. 2. The proposal conforms to the City of Vaughan Official Plan. 3. The proposal conforms to the Provincial Policy Statements as required by Section 3(1) of the Planning Act.

Motion Carried.

Members Opposed to Motion: Member Buckler (Absent) COMMITTEE OF ADJUSTMENT MINUTES THURSDAY, SEPTEMBER 27, 2018

6 File: B014/18 Ward 4 Applicant: Wingold Properties Limited (Craig Wagner) Agent: Somerville Consulting & Project Management (David MacLeod) Address: 575 and 615 Bowes Rd. Concord Purpose: To sever a parcel of land for industrial purposes approximately 33,703.16 square metres together with easements over both the severed and retained land for parking and vehicular access purposes, all easements described below. The retained parcel of land is approximately 26,655.78 square metres. Both the severed and retained land will have frontage onto Bowes Road. The easement for parking and vehicular access purposes over the retained parcel (in favour of the severed land) is shown as Parts 5 & 6 on the draft reference plan submitted with the application. The easement to be reserved over the severed parcel (in favour of the retained land) for parking and vehicular access purposes is shown as Part 4 on the draft reference plan submitted with the application. There is an existing commercial building on both the severed and retained lands. No new structures are being proposed.

Public Written Submissions * Public Correspondence received and considered by the Committee in making this decision (received prior to 12:00 p.m. of hearing date) N/A

Additional Addendum Reports received and provided to the Committee from: Engineering Comments – Received September 27, 2018

Representation David MacLeod, Somerville Consulting & Project Management

Comments David MacLeod explained the nature of the application.

Chairman Cesario asked if anyone present wished to comment on this application. There was no response.

Moved By: A. Perrella Seconded By: H. Zheng

THAT Application No. B014/18 on behalf of Wingold Properties Limited (Craig Wagner) be APPROVED, in accordance with the sketch submitted with the application and subject to the following conditions:

Department/Agency Condition 1 Committee of Adjustment 1. That the applicant’s solicitor provides the Christine Vigneault secretary-treasurer with a copy of the prepared draft transfer document to confirm the legal 905-832-8585 x 8332 description and PIN of the subject lands. [email protected] Subject land applies only to the severed parcel, leased land, easement etc. as conditionally approved by the Committee of Adjustment. 2. That the applicant provides two (2) full size copies of the deposited plan of reference of the entire land which conforms substantially with the application as submitted. 3. That Minor Variance Application(s) A162/18 and A163/18 are approved at the same time as the Consent application and becomes final and binding. COMMITTEE OF ADJUSTMENT MINUTES THURSDAY, SEPTEMBER 27, 2018

Department/Agency Condition 4. Payment of the Certificate Fee as provided on the City of Vaughan’s Committee of Adjustment Fee Schedule. 2 Building Standards Easements and/or Right-of-ways shall be Catherine Saluri registered on title to permit shared parking and 905-832-8585 x 8310 access over the subject lands. [email protected] 3 Real Estate The applicant shall provide the City with an Franca Mazzanti appraisal report and valuation of the subject land (land only) to be prepared by an accredited 905-832-8585 x 8474 appraiser. Payment of a Parkland levy to the City [email protected] in lieu of the deeding of land for park purposes shall be made if a new lot is being created. Said levy is to be 2% of the appraised market value of the subject land as of the date of the Committee of Adjustment giving notice to the Applicant of the herein decision. Said levy shall be approved by the Senior Manager of Real Estate. Payment shall be made by certified cheque only. 4 Development Engineering 1. The Owner/applicant shall arrange to prepare Brad Steeves and register a reference plan at their expense for the conveyance of the subject lands and 905-832-8585 x 8977 showing all existing and proposed easements [email protected] to the satisfaction of DE. The Owner/applicant shall submit a legible draft reference plan to the Development Engineering Department for review prior to deposit. 2. The Owner/applicant shall provide site grading and servicing plan(s) for both the severed and retained parcels to the satisfaction of the Development Engineering (DE) Department. The plan(s) should demonstrate how each individual land parcel will be serviced (i.e. Sanitary, Water & Storm), identify all existing and proposed services, existing and proposed elevations, and acceptable access. The plan(s) shall include provisions for separate fire connections to the satisfaction of DE. 3. That the Owner's of 575 and 615 Bowes Road enter into and register a tri-party easement agreement with the City of Vaughan for shared parking between 575 and 615 Bowes Road in perpetuity. The agreement shall be circulated in draft to the Development Engineering Department for review and comment and completed to their satisfaction. 5 Development Finance 1. The owner shall pay of a Tree Fee, approved Nelson Pereira by Council as of the date of granting the consent. Payment is to be made by certified 905-832-8585 x 8393 cheque, to the satisfaction of the City of [email protected] Vaughan Financial Planning and Development Finance Department (contact Nelson Pereira to have this condition cleared). 2. The owner shall pay all property taxes as levied. Payment is to be made by certified cheque, to the satisfaction of the City of Vaughan Financial Planning and Development Finance Department (contact Nelson Pereira to have this condition cleared). 6 TRCA The applicant submits the variance application fee Anthony Syhlonyk of $1,100.00 payable to the Toronto and Region 416-661-6600 X 5272 Conservation Authority; [email protected]

COMMITTEE OF ADJUSTMENT MINUTES THURSDAY, SEPTEMBER 27, 2018

For the Following Reasons:

Motion Carried. Members Opposed to Motion: Member Buckler (Absent)

COMMITTEE OF ADJUSTMENT MINUTES THURSDAY, SEPTEMBER 27, 2018

7 File: A162/18 Ward 4 Applicant: Wingold Properties Limited (Craig Wagner) Agent: Somerville Consulting & Project Management (David MacLeod) Address: 575 and 615 Bowes Rd. Concord Purpose: Relief from the by-law is being requested to permit the existing commercial building on the retained land to facilitate Consent Application B014/18.

Public Written Submissions * Public Correspondence received and considered by the Committee in making this decision (received prior to 12:00 p.m. of hearing date) N/A

Additional Addendum Reports received and provided to the Committee from: Engineering Comments – Received September 27, 2018

Representation David MacLeod , Somerville Consulting & Project Management

Comments David MacLeod explained the nature of the application.

Chairman Cesario asked if anyone present wished to comment on this application. There was no response.

Moved By: S. Perrella Seconded By: H. Zheng

THAT Application No. A162/18 on behalf of Wingold Properties Limited (Craig Wagner) be APPROVED, in accordance with the sketch submitted with the application (as required by Ontario Regulation 200/96) and subject to the following conditions:

Department/Agency Condition 1 Committee of Adjustment That Consent Application B014/18 receive final Christine Vigneault certification from the Secretary Treasurer and be registered on title. A copy of the registered 905-832-8585 x 8332 transfer confirming registration of the Certificate of [email protected] Official must be provided to the Secretary Treasurer to satisfy this condition.

2 TRCA The applicant submits the variance application fee Anthony Syhlonyk of $1,100.00 payable to the Toronto and Region Conservation Authority; 416-661-6600 X 5272 [email protected]

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.

Motion Carried. Members Opposed to Motion: Member Buckler (Absent)

COMMITTEE OF ADJUSTMENT MINUTES THURSDAY, SEPTEMBER 27, 2018

8 File: A163/18 Ward 4 Applicant: Wingold Properties Limited (Craig Wagner) Agent: Somerville Consulting & Project Management (David MacLeod) Address: 575 and 615 Bowes Rd. Concord Purpose: Relief from the by-law is being requested to permit the existing commercial building on the severed land to facilitate Consent Application B014/18.

Public Written Submissions * Public Correspondence received and considered by the Committee in making this decision (received prior to 12:00 p.m. of hearing date) N/A

Additional Addendum Reports received and provided to the Committee from: Engineering Comments – Received September 27, 2018

Representation David MacLeod, Somerville Consulting & Project Management

Comments David MacLeod explained the nature of the application.

Chairman Cesario asked if anyone present wished to comment on this application. There was no response.

Moved By: S. Perrella Seconded By: H. Zheng

THAT Application No. A163/18 on behalf of Wingold Properties Limited (Craig Wagner) be APPROVED, in accordance with the sketch submitted with the application (as required by Ontario Regulation 200/96) and subject to the following conditions:

2 TRCA The applicant submits the variance application fee Anthony Syhlonyk of $1,100.00 payable to the Toronto and Region Conservation Authority; 416-661-6600 X 5272 [email protected]

For the Following Reasons:

5. The general intent and purpose of the by-law will be maintained. 6. The general intent and purpose of the official plan will be maintained. 7. The requested variance(s) is/are acceptable for the appropriate development of the subject lands. 8. The requested variance(s) is/are minor in nature.

Motion Carried. Members Opposed to Motion: Member Buckler (Absent)

COMMITTEE OF ADJUSTMENT MINUTES THURSDAY, SEPTEMBER 27, 2018

9. File: B017/18 Ward 2 Applicant: Natalie Petrella Agent: Weston Consulting (Sandra Patano) Address: 23 Isa Ct. Woodbridge Purpose: Consent is being requested to sever a parcel of land for residential purposes, approximately 690.00 square metres while retaining a parcel of land approximately 257.70 square metres. The severed and retained land will have frontage onto Isa Court and there is an existing three (3) storey semi-detached dwelling on the retained land.

Note: As part of the Consent process the applicant will be required to convey 274.80 square metres of (Natural System/Buffer) land abutting the severed lot to the Toronto and Region Conservation Authority.

Public Written Submissions * Public Correspondence received and considered by the Committee in making this decision (received prior to 12:00 p.m. of hearing date) Name: Mark and Linda Howe Address: 42 Isa Court Nature of Correspondence: Letter of Objection

Additional Addendum Reports received and provided to the Committee from: None

Representation Natalie Petrella

Comments Natalie Petrella explained the nature of the application.

Chairman Cesario reviewed the letter of objection.

Chairman Cesario asked if anyone present wished to comment on this application.

In response to John Di Biase, 48 Isa Court, Christine Vigneault, Secretary Treasurer, clarified notification requirements under the Condominium Act (as provided in the Notice of Hearing).

Moved By: M. Mauti Seconded By: H. Zheng

THAT Application No. B017/18 on behalf of Natalie Petrella be APPROVED, in accordance with the sketch submitted with the application and subject to the following conditions:

Department/Agency Condition 1 Committee of Adjustment 1. That the applicant’s solicitor provides the Christine Vigneault secretary-treasurer with a copy of the prepared draft transfer document to confirm the legal 905-832-8585 x 8332 description and PIN of the subject lands. [email protected] Subject land applies only to the severed parcel, leased land, easement etc. as conditionally approved by the Committee of Adjustment. 2. That the applicant provides two (2) full size copies of the deposited plan of reference of the entire land which conforms substantially with the application as submitted. 3. Payment of the Certificate Fee as provided on the City of Vaughan’s Committee of Adjustment Fee Schedule. 2 Real Estate The applicant shall provide the City with an Franca Mazzanti appraisal report and valuation of the subject land (land only) to be prepared by an accredited 905-832-8585 x 8474 appraiser. Payment of a Parkland levy to the City [email protected] in lieu of the deeding of land for park purposes shall be made if a new lot is being created. Said COMMITTEE OF ADJUSTMENT MINUTES THURSDAY, SEPTEMBER 27, 2018

levy is to be 5% of the appraised market value of the subject land as of the date of the Committee of Adjustment giving notice to the Applicant of the herein decision. Said levy shall be approved by the Senior Manager of Real Estate. Payment shall be made by certified cheque only. 3 Development Engineering 1. The Owner/applicant shall arrange to prepare Brad Steeves and register a reference plan at their expense for the conveyance of the subject lands and 905-832-8585 x 8977 showing all existing and proposed easements [email protected] to the satisfaction of DE. The Owner/applicant shall submit a draft reference plan to the Development Engineering Department for review prior to deposit. 2. The Owner shall provide conceptual site grading and servicing plan(s) for both the severed and retained parcels to the satisfaction of the Development Engineering (DE) Department. The plan(s) should identify all existing and proposed services, existing and proposed elevations, and acceptable access. 4 Development Finance 1. The owner shall pay of a Tree Fee, approved Nelson Pereira by Council as of the date of granting the consent. Payment is to be made by certified 905-832-8585 x 8393 cheque, to the satisfaction of the City of [email protected] Vaughan Financial Planning and Development Finance Department (contact Nelson Pereira to have this condition cleared). 2. The owner shall pay all property taxes as levied. Payment is to be made by certified cheque, to the satisfaction of the City of Vaughan Financial Planning and Development Finance Department (contact Nelson Pereira to have this condition cleared). 5 TRCA 1. The applicant submits the Variance application Polina Bam review fee of $1,400.00 payable to the Toronto and Region Conservation Authority for the 416-661-6600 review of Consent Application B017/18 [email protected] 2. The applicant conveys the noted 274.8 sq m buffer lands to TRCA, free and clear of all encumbrances.

For the Following Reasons:

Motion Carried.

Members Opposed to Motion: Member Buckler (Absent) COMMITTEE OF ADJUSTMENT MINUTES THURSDAY, SEPTEMBER 27, 2018

10. File: A084/18 Ward 1 Applicant: York Major Holdings Inc. Agent: KLM Planning Partners Inc. (Ryan Mino) Address: 150 Mcnaughton Rd. E Maple Purpose: Relief from the By-Law is being requested to permit the construction of three (3) proposed commercial buildings to facilitate Site Plan application DA.17.116.

Public Written Submissions * Public Correspondence received and considered by the Committee in making this decision (received prior to 12:00 p.m. of hearing date) N/A

Additional Addendum Reports received and provided to the Committee from: Planning Comments - Recommend approval w/conditions Development Engineering - Revised Comments (Recommend approval w/conditions)

Representation Ryan Mino, KLM Planning Partners Inc.

Comments Ryan Mino explained the nature of the application.

Chairman Cesario asked if anyone present wished to comment on this application. There was no response. Moved By: A. Perrella Seconded By: H. Zheng

THAT Application No. A084/18 on behalf of York Major Holdings Inc. be APPROVED, in accordance with the sketch submitted with the application (as required by Ontario Regulation 200/96) and subject to the following conditions:

Department/Agency Condition 1 Development Engineering 1) The Parking Study Addendum (dated Brad Steeves September 18, 2018), prepared by WSP, shall be revised to include data, analysis and 905-832-8585 x 8977 comparison of the proposed parking to the [email protected] Citywide IBI Group parking data and statistics. The terms for inclusion of this information shall be per the Development Engineering Department and completed per their satisfaction and approval. 2) The Parking Study Addendum (dated September 18, 2018), prepared by WSP, shall be revised to include surveyed data from two (2) suitably equivalent development sites. The terms for inclusion of this information shall be per the Development Engineering Department and completed per their satisfaction and approval. 3) That the related Development Application, DA.17.116, be reviewed and approved by the Development Engineering Department.

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. Motion Carried. Members Opposed to Motion: Member Buckler (Absent) COMMITTEE OF ADJUSTMENT MINUTES THURSDAY, SEPTEMBER 27, 2018

11. File: A085/18 Ward 1 Applicant: York Major Holdings Inc. Agent: KLM Planning Partners Inc. (Ryan Mino) Address: 1840 Major Mackenzie Dr. Vaughan Purpose: Relief from the by-law is being requested to permit the proposed construction of an one storey commercial building.

Public Written Submissions * Public Correspondence received and considered by the Committee in making this decision (received prior to 12:00 p.m. of hearing date) N/A

Additional Addendum Reports received and provided to the Committee from: None

Representation Ryan Mino - KLM Planning Partners Inc.

Comments Ryan Mino explained the nature of the application.

Chairman Cesario asked if anyone present wished to comment on this application. There was no response. Moved By: H. Zheng Seconded By: A. Perrella

THAT Application No. A085/18 on behalf of York Major Holdings Inc. be APPROVED, in accordance with the sketch submitted with the application (as required by Ontario Regulation 200/96) and subject to the following conditions:

Department/Agency Condition

1 Development Engineering The Owner/applicant shall obtain approval for the Brad Steeves related Site Development Application (DA.17.116) from the Development Engineering (DE) 905-832-8585 x 8977 Department. [email protected]

For the Following Reasons:

Motion Carried.

Members Opposed to Motion: Member Buckler (Absent) COMMITTEE OF ADJUSTMENT MINUTES THURSDAY, SEPTEMBER 27, 2018

12. File: A096/18 Ward 1 Applicant: Sergei Sobko Agent: Guitberg Group Inc. (Victor Guitberg) Address: 62 Lancer Dr. Maple Purpose: Relief from the by-law is being requesting to permit the construction of a proposed two-storey dwelling.

Public Written Submissions * Public Correspondence received and considered by the Committee in making this decision (received prior to 12:00 p.m. of hearing date) N/A

Additional Addendum Reports received and provided to the Committee from: None

Representation Victor Guitberg, Guitberg Group Inc.

Comments Victor Guitberg explained the nature of the application and advised that the home was placed forward on the lot to avoid encroachment into TRCA lands.

Chairman Cesario asked if anyone present wished to comment on this application. There was no response. Moved By: A. Perrella Seconded By: H. Zheng

THAT Application No. A096/18 on behalf of Sergei Sobko be APPROVED, in accordance with the sketch submitted with the application (as required by Ontario Regulation 200/96) and subject to the following conditions:

Department/Agency Condition 1 Development Engineering The Owner/applicant shall submit the final Lot Brad Steeves Grading Plan to the Development Inspection and Lot Grading division of the City’s Development 905-832-8585 x 8977 Engineering Department for final lot grading [email protected] approval for the proposed dwelling prior to any work being undertaken on the property.

The Owner/applicant shall apply for a pool permit and receive grading approval for the proposed in ground pool with the Development Engineering (DE) Department.

For the Following Reasons:

Motion Carried.

Members Opposed to Motion: Member Buckler (Absent)

COMMITTEE OF ADJUSTMENT MINUTES THURSDAY, SEPTEMBER 27, 2018

13. File: A106/18 Ward 2 Applicant: Royal 7 Developments Ltd. (Peter Cortellucci) Agent: Bousfields Inc. (Mike Bissett) Address: 2920 Hwy 7 Vaughan Purpose: Relief from the By-Law is being requested to permit the construction of a proposed sixty (60) storey mixed use building (phase 5) located on Block 1, Plan 65M-4490.

Public Written Submissions * Public Correspondence received and considered by the Committee in making this decision (received prior to 12:00 p.m. of hearing date) N/A

Additional Addendum Reports received and provided to the Committee from: . MTO comments - The materials submitted as part of the development application (DA.18.050) are currently under review with the MTO Corridor Management Planner for York Region . Planning comments - Recommend approval subject to conditions . Response to Committee inquiry from applicant provided by Planning.

Representation Michael Bissett, Bousfields Inc.

Comments Mike Bissett explained the nature of the application and advised that the applicant concurs with the recommended conditions of approval.

Chairman Cesario asked if anyone present wished to comment on this application. There was no response.

Moved By: H. Zheng Seconded By: M. Mauti

THAT Application No. A106/18 on behalf of Royal 7 Developments Ltd. (Peter Cortellucci) be APPROVED, in accordance with the sketch submitted with the application (as required by Ontario Regulation 200/96) and subject to the following conditions:

Department/Agency Condition 1 Development Planning 1. That Site Development File DA.18.050 be Christopher Cosentino approved by the Committee of the Whole and the decision be ratified by Council. 905-832-8585 x 8215 2. That servicing allocation availability shall be [email protected] confirmed for the 554 units proposed through Site Development File DA.18.050, to the satisfaction of the Infrastructure Planning and Corporate Asset Management Department. 3. That the Owner shall submit a Zoning By-law Amendment application for the removal of the Holding Symbol “(H)” from the Subject Lands and a by-law shall be approved by Council to facilitate the removal of the Holding Symbol “(H)” from the Subject Lands, to the satisfaction of the Development Planning Department. 4. The Owner shall execute and register an Agreement with the City of Vaughan, pursuant to Section 45(9) of the Planning Act, which provides for a payment and/or actual provision of on-site and/or off-site community benefits calculated in accordance with the “City of Vaughan’s Guidelines for the Implementation of Section 37 of the Planning Act” and the January 1, 2018, “Land Value Matrix” to permit the increase in GFA of 24,129 m², to the satisfaction of the Development Planning Department. COMMITTEE OF ADJUSTMENT MINUTES THURSDAY, SEPTEMBER 27, 2018

Department/Agency Condition 5. That the Owner shall pay to the City the Density Bonusing Agreement surcharge fee, in accordance with the “Tariff of Fees By-law 018- 2018 for Planning Applications”, to the satisfaction of the Development Planning Department. 6. Notwithstanding the provisions for unlimited height in the VMC Secondary Plan (“Area B” site- specific policy 9.3.4) and the site-specific exception 9(1248), the Owner shall obtain final clearance for the Development’s 60-storey building height, to the satisfaction of NavCanada and Bombardier Aerospace. 2 Development Engineering 1. The Owner/applicant shall obtain approval for the Brad Steeves related Site Development Application (DA.18.050) from the Development Engineering (DE) 905-832-8585 x 8977 Department. [email protected]

For the Following Reasons:

Motion Carried.

Members Opposed to Motion: Member Buckler (Absent) COMMITTEE OF ADJUSTMENT MINUTES THURSDAY, SEPTEMBER 27, 2018

14. File: A142/18 Ward 1 Applicant: Cassavia Estate Homes Ltd. Agent: RN Design Ltd (Brent Smith) Address: 9964 Keele St. Vaughan Purpose: Relief from the by-law is requested to permit the continued construction of a three (3) storey townhouse development located on Blocks 6, 7, 8 (as shown on the site plan submitted with the application) which are contained within Block 1 on Plan 65M-4537.

Public Written Submissions * Public Correspondence received and considered by the Committee in making this decision (received prior to 12:00 p.m. of hearing date) Name: Jim Globocki Address: Email Nature of Correspondence: Letter of Support

Additional Addendum Reports received and provided to the Committee from: None

Representation Brent Smith, RN Design Ltd

Comments Brent Smith explained the nature of the application.

Chairman Cesario asked if anyone present wished to comment on this application. There was no response. Moved By: A. Perrella Seconded By: H. Zheng

THAT Application No. A142/18 on behalf of Cassavia Estate Homes Ltd. be APPROVED, in accordance with the sketch submitted with the application (as required by Ontario Regulation 200/96) and subject to the following condition:

Department/Agency Condition

1 Development Engineering Upon completion of all work associated with the Brad Steeves requested minor variances on the noted properties, the Owner/Applicant shall arrange 905-832-8585 x 8977 grading inspections for the subject lots with the [email protected] Development Engineering (DE) Department, Lot Grading Division. This Condition will only be cleared upon the City’s approval of the constructed works.

For the Following Reasons:

Motion Carried.

Members Opposed to Motion: Member Buckler (Absent)

COMMITTEE OF ADJUSTMENT MINUTES THURSDAY, SEPTEMBER 27, 2018

16. File: A158/18 Ward 1 Applicant: Annamaria Cecchetto (Annamaria Cecchetto) Agent: John Bonaccorso Address: 8 Gosling Rd. Maple Purpose: Relief from the by-law is being requested to permit the existing uncovered concrete porch/cantina and shed located in the easterly side yard.

Public Written Submissions * Public Correspondence received and considered by the Committee in making this decision (received prior to 12:00 p.m. of hearing date) N/A

Additional Addendum Reports received and provided to the Committee from: None

Representation John Bonaccorso

Comments John Bonaccorso explained the nature of the application.

Chairman Cesario asked if anyone present wished to comment on this application. There was no response. Moved By: A. Perrella Seconded By: H. Zheng

THAT Application No. A158/18 on behalf of Annamaria Cecchetto (Annamaria Cecchetto) be APPROVED, in accordance with the sketch submitted with the application (as required by Ontario Regulation 200/96) and subject to the following conditions:

Department/Agency Condition 1 Development Engineering The Owner/applicant shall submit the final Lot Brad Steeves Grading/Servicing Plan to the Development Inspection and Lot Grading division of the City’s 905-832-8585 x 8977 Development Engineering Department for final lot [email protected] grading/servicing approval prior to any work being undertaken on the property. Please visit or contact Development Engineering's front desk on the 2nd floor of City Hall to apply for lot grading/servicing approval.

For the Following Reasons:

Motion Carried.

Members Opposed to Motion: Member Buckler (Absent)

COMMITTEE OF ADJUSTMENT MINUTES THURSDAY, SEPTEMBER 27, 2018

17. File: A161/18 Ward 1 Applicant: Daniel Montagner Agent: GEORGIO LOLOS (GEORGIO LOLOS) Address: 35 Pennon Rd. Kleinburg Purpose: Relief from the by-law is requested to permit the construction of a proposed cabana.

Public Written Submissions * Public Correspondence received and considered by the Committee in making this decision (received prior to 12:00 p.m. of hearing date) N/A

Additional Addendum Reports received and provided to the Committee from: None

Representation Georgio Lolos

Comments Georgio Lolos explained the nature of the application.

Chairman Cesario asked if anyone present wished to comment on this application. There was no response. Moved By: A. Perrella Seconded By: H. Zheng

THAT Application No. A161/18 on behalf of Daniel Montagner be APPROVED, in accordance with the sketch submitted with the application (as required by Ontario Regulation 200/96) and subject to the following conditions:

For the Following Reasons:

Motion Carried. Members Opposed to Motion: Member Buckler (Absent)

COMMITTEE OF ADJUSTMENT MINUTES THURSDAY, SEPTEMBER 27, 2018

18. File: A164/18 Ward 3 Applicant: Cosimo and Denise De Masi Agent: None Address: 306 Twin Hills Cr. Woodbridge Purpose: Relief from the By-Law is being requested to permit the construction of a proposed in-ground pool and Cabana located in the rear yard. Relief is also being sought to permit the existing deck also located at the rear of the dwelling.

Public Written Submissions * Public Correspondence received and considered by the Committee in making this decision (received prior to 12:00 p.m. of hearing date) N/A

Additional Addendum Reports received and provided to the Committee from: None

Representation Denise De Masi

Comments Denise De Masi explained the nature of the application and advised that she concurs with staff comments. She advised that recommended condition 1.3 has been addressed. Chairman Cesario asked if anyone present wished to comment on this application. There was no response. Moved By: A. Perrella Seconded By: H. Zheng

THAT Application No. A164/18 on behalf of Cosimo and Denise De Masi be APPROVED, in accordance with the sketch submitted with the application (as required by Ontario Regulation 200/96) and subject to the following conditions:

Department/Agency Condition

1 Development Engineering 1. The Owner/applicant shall submit the final Lot Brad Steeves Grading/Servicing Plan to the Development Inspection and Lot Grading division of the City’s 905-832-8585 x 8977 Development Engineering Department for final [email protected] lot grading/servicing approval for the proposed dwelling and cabana prior to any work being undertaken on the property. Please visit or contact Development Engineering's front desk on the 2nd floor of City Hall to apply for lot grading/servicing approval. 2. The Owner/applicant shall apply for a pool permit and receive grading approval for the proposed in ground pool with the Development Engineering (DE) Department. 3. Staff have confirmed that the property is located within an unassumed subdivision. The Owner/applicant shall provide satisfactory notification to the developer/builder (Letter or email) of the minor variance and proposed work to the property in question and provide a copy of the notification to the City.

COMMITTEE OF ADJUSTMENT MINUTES THURSDAY, SEPTEMBER 27, 2018

For the Following Reasons:

Motion Carried. Members Opposed to Motion: Member Buckler (Absent) COMMITTEE OF ADJUSTMENT MINUTES THURSDAY, SEPTEMBER 27, 2018

19. File: A166/18 Ward 3 Applicant: 2603774 Ontario Inc Agent: Pinetest Developments Ltd (John Ladesic) Address: 3812 Major Mackenzie Dr. Vaughan Purpose: Relief from the by-law is being requested to permit the construction of a proposed temporary sales office.

Public Written Submissions * Public Correspondence received and considered by the Committee in making this decision (received prior to 12:00 p.m. of hearing date) N/A

Additional Addendum Reports received and provided to the Committee from: None

Representation John Ladesic, Pinetest Developments Ltd

Comments John Ladesic explained the nature of the application.

Chairman Cesario asked if anyone present wished to comment on this application. There was no response.

Moved By: M. Mauti Seconded By: H. Zheng

THAT Application No. A166/18 on behalf of 2603774 Ontario Inc be APPROVED, in accordance with the sketch submitted with the application (as required by Ontario Regulation 200/96).

For the Following Reasons:

Motion Carried. Members Opposed to Motion: Member Buckler (Absent)

COMMITTEE OF ADJUSTMENT MINUTES THURSDAY, SEPTEMBER 27, 2018

20. File: A171/18 Ward 3 Applicant: Ada DeGasperis Agent: Tacc Developments (Silvio DeGasperis) Address: 11 Hanson Ct. Woodbridge Purpose: Relief from the By-Law is being requested to permit the construction of aproposed single family dwelling with accessory pool, rear deck and cabana. Relief is also being sought to permit a proposed driveway.

Public Written Submissions * Public Correspondence received and considered by the Committee in making this decision (received prior to 12:00 p.m. of hearing date) N/A

Additional Addendum Reports received and provided to the Committee from: None

Representation Richard Wengle, Richard Wengle Architects

Comments Richard Wengle explained the nature of the application and advised that he concurs with the comments and recommendations in the Staff Report.

Chairman Cesario asked if anyone present wished to comment on this application. There was no response. Moved By: M. Mauti Seconded By: A. Perrella

THAT Application No. A171/18 on behalf of Ada DeGasperis be APPROVED, in accordance with the sketch submitted with the application (as required by Ontario Regulation 200/96) and subject to the following conditions:

Department/Agency Condition

1 Development Engineering 1. The Owner/applicant shall demonstrate Brad Steeves appropriate LID (Low-impact Development) measures to the satisfaction of DE to address 905-832-8585 x 8977 the increased lot coverage area from 10% to [email protected] 20% in order to mitigate potential impacts on the municipal stormwater system. 2. The Owner/applicant shall submit the final Lot Grading/Servicing Plan for the proposed infill dwelling and cabana showing all existing and proposed services (Sanitary, Water & Storm) and elevations to the Development Inspection and Lot Grading division of the City’s Development Engineering Department for final lot grading/servicing approval prior to any work being undertaken on the property. Please visit or contact Development Engineering's front desk on the 2nd floor of City Hall to apply for lot grading/servicing approval.

Motion Carried. Members Opposed to Motion: Member Buckler (Absent) COMMITTEE OF ADJUSTMENT MINUTES THURSDAY, SEPTEMBER 27, 2018

21. File: A081/18 Ward 1 Applicant: Kleinburg North Holdings Ltd. (Domenic Gurreri) Agent: Joe DiGiuseppe Address: 10483 Islington Ave. Vaughan Purpose: Relief from the By-law is being requested to accommodate a proposed restaurant.

Public Written Submissions * Public Correspondence received and considered by the Committee in making this decision (received prior to 12:00 p.m. of hearing date) Name: K. Angus - Kleinburg and Area Ratepayer Association Address: Kleinburg Nature of Correspondence: Requesting Adjournment Name: K. Angus - Kleinburg and Area Ratepayer Association Address: Kleinburg Nature of Correspondence: Letter of Objection Name: N. & R. Dickinson Address: 133 Donhill Cr, Kleinburg Nature of Correspondence: Letter of Objection Name: Anonymous Address: Kleinburg Nature of Correspondence: Letter of Objection Name: J. and P. Cutler Address: 437 Westridge Drive, Kleinburg Nature of Correspondence: Letter of Objection Name: K. Angus - Kleinburg and Area Ratepayer Association Address: Kleinburg Nature of Correspondence: Letter of Objection Name: K. Angus - Kleinburg and Area Ratepayer Association Address: Kleinburg Nature of Correspondence: NEW Letter of Objection

Additional Addendum Reports received and provided to the Committee from: Planning Comments - Recommend approval subject to condition requiring cash in lieu of parking. Development Engineering Comments - Clarifying registration of Agreement. Development Engineering Comments - Incorporating amendment to condition #1

Representation Joe DiGiuseppe

Comments The Committee moved A081/18 first on the agenda to accommodate representation from the Development Engineering Department.

Joe DiGiuseppe provided history of the site development and reviewed the variances before the Committee. He advised that the proposed outdoor patio was removed. He addressed the objection letters received and reviewed the following documents in support of his application: . IBI Group: DRAFT Review of Parking Standards Contained Within The City of Vaughan’s Comprehensive Zoning By-law. . Addendum Parking Study- Nextrans Consulting Engineers (August 2018) . Excerpts from the VOP (12.4 – Kleinburg Core) . IBI – Exhibit 8-3: Summary of Potential Adjustment Factors . History of approvals (and By-law information) pertaining to 10519, 10513, 10499, 10459, 10449, 10512, 10504, 10496, 10480 Islington Avenue . Letters of support from the following residents in the Kleinburg/Woodbridge area:

- 83 Cardish Street - 91 Cardish Street - 9437 Castlederg Side Road - 97 Cardish Street - 8 English Daisy Court - 97 Forest Heights Blvd COMMITTEE OF ADJUSTMENT MINUTES THURSDAY, SEPTEMBER 27, 2018

- 25 Highland Creek Court - 130 Hedgerow Lane - 12 Hazelridge Court - 2 Hazelridge Court - 110 Kleins Ridge - 12 Nocture Avenue - 1 Nightfall Court - 36 Northern Pines - 54 Napier Street - 70 Napier Street - 96 Napier Street - 17 Paula Court - 10 Rainbows End - 58 Rainbows End - 99 Rainbows End - 29 Rosebud Court - 11 Springrain Court - 16 Springrain Court - 15 Springrain Court - 1 Springrain Court - 159 Treelawn Blvd - 181 Treelawn Blvd - 227 Treelawn Blvd - 316 Treelawn Blvd - 321 Treelawn Blvd - 192 Westridge Drive - 38 Wishing Well Court - 175 Weaver Court - 7 letters of support submitted without municipal addresses within the Kleinburg / Woodbridge area.

. Kleinburg-Nashville Heritage Conservation District Vol. 1: The Study and Plan . Committee of the Whole Report, September 17, 2018: Capital Budget Request to Remove or Relocate Parking Bollards in Kleinburg Village . Memorandum from Building Standards Department (John Wright), November 14, 1990 (definition of mezzanines and the required parking) . Memorandum from City Solicitor (T. Caron), July 15, 1992 (opinion on planning matters and heritage approvals before the Committee of Adjustment)

During Mr. DiGiuseppe’s presentation he opined that the application was following appropriate process and met the four (4) tests to be considered under the Planning Act. Mr. DiGiuseppe provided examples of similar businesses that also utilize valet parking and provide less parking onsite. He reviewed the parking justification provided by NextTrans and opined that the requested parking deficiency could be accommodated using available street parking, municipal parking lots, the Library and the Kleinburg Public School. He reviewed the City of Vaughan Cash-in-Lieu (CIL) of Parking By-law, explained applicable CIL rates. He noted that he supports the condition relating to CIL provided that the condition requiring the registered agreement (with respect to shared parking) be removed. He advised that shared parking arrangements with the adjacent property (10477 Islington Avenue) have been discussed with Development Engineering staff. While the abutting land owner supports the shared parking arrangement, an agreement registered on title is not supported by the parties involved, therefore cannot be satisfied as a condition of approval. In response to Member Perrella, Mr. DiGuiseppe explained available parking hours for the library and school. Member Perrella commented that she visited the site and many signs in the area note “private property” and do not allow public parking. In response to Member Perrella, Mr. DiGuiseppe explained that the abutting property, 10477 Islington Avenue, is currently used as a fitness studio during the day/week. He noted that the site is empty during week nights. In response to Member Mauti, Mr. DiGuiseppe advised that the fitness studio is used mid- morning to approximately 5:00 p.m. and is also used on an appointment basis for personal training. In response to Member Mauti, Mr. DiGuiseppe advised that the peak hours of the proposed COMMITTEE OF ADJUSTMENT MINUTES THURSDAY, SEPTEMBER 27, 2018

restaurant have been identified as Thursday – Saturday after 7:00 p.m. Member Perrella commented that the Kleinburg area has changed significantly since the 2010 studies and reports provided. She reviewed previous approvals in area and opined that at some point parking in the area will not be available. In response to Member Perrella, Mr. DiGuiseppe advised that the parking situation has always existed and that the Heritage Study for the area was competed in 2001. Mr. DiGuiseppe advised that the approved removal/relocation of parking bollards will result in 10 additional parking spaces on the street. In response to Member Perrella, Mr. DiGuiseppe advised that the Official Plan outlines CIL requirements. While the applicant is agreeable to pay CIL, he reiterated that an agreement cannot be registered on title. In response to Member Perrella, Christopher Cosentino, Planner, advised that staff do not have the information available to determine if adequate parking exists at 10477 Islington Avenue. Member Perrella expressed concerns that the nature of the business at 10477 Islington Avenue may change and be unable to support a shared parking arrangement in future. In response to Member Perrella, Mr. DiGuiseppe advised that shared parking with the abutting property is not required. He opined that sufficient parking to support the proposal can be obtained on the street, library and school. In response to Chairman Cesario, Mr. DiGuiseppe advised that the farthest distance customers may have to travel (walk) from the Kleinburg School is approximately 600 feet. In response to Member Mauti, Mr. DiGuiseppe advised that valet parking could be provided, as indicated in the parking study. He noted that valet parking could be done everywhere, without the use of registered agreements. In response to Member Perrella, Mr. DiGuiseppe opined that adequate valet parking is available. In response to Member Mauti, Mr. DiGuiseppe advised that many properties in the area are deficient in parking and do not have shared parking agreements registered on title. He noted that registered agreements limit property owners in future if they cannot be released from the agreement. He advised that the applicant has been utilizing valet parking and has had a parking agreement (not registered) with abutting owners since the approval of the previous minor variance in 2015. Richard Lorello, 235 Treelawn Blvd, commented that residents want a comprehensive solution to resolve parking deficiencies in the area. He advised that similar applications have been refused by Council though other development application processes and questioned why the application was before the Committee of Adjustment. He expressed concern with establishing precedent in the area. In response to Mr. Lorello, Member Mauti advised that the previous application before Council required an Official Plan Amendment (OPA) and that the Committee is not aware of the details. She noted that the Committee of Adjustment has supported parking variances in the past. In response to Member Mauti, Mr. Lorello advised that the parking deficiencies were similar for both applications and both have same By-law requirements. He noted that the Kleinburg Area Ratepayers Association (KARA) has requested a comprehensive parking solution for the Kleinburg Area and until a solution is in place no further parking reductions should be considered. In response to Chairman Cesario, Andrew Pearce, Director of Development Engineering, advised that the parking justification, as provided by NextTrans, was reviewed based on the Zoning By-law and the IBI standards. He explained the IBI parking requirements with respect to the proposal and noted that while the Zoning By-law does not include the mezzanine as part of the parking calculation, the IBI standards have been applied to the mezzanine floor area to accommodate the proposed restaurant tables/patrons. He explained available parking onsite and CIL requirement (7 spaces) and noted that street parking can also be utilized. He advised that a parking study to address potential opportunities and strategies in the downtown Kleinburg area is being reviewed for 2019. Mr. Lorello reiterated that the comprehensive parking study should be completed first.

COMMITTEE OF ADJUSTMENT MINUTES THURSDAY, SEPTEMBER 27, 2018

Patty Hayes, 15 Valley Ridge Lane, Hamilton, consultant for the Kleinburg Business Improvement Area (KBIA), advised that the KBIA has requested that the City of Vaughan find a parking solution for the area. She advised that approval for the removal of the 10 bollards took approximately three (3) years to obtain. She expressed concerns regarding the cumulative effect of development on parking and the health of the downtown area. She opined that people will not want to walk or utilize offsite parking and valet parking is not a solution. She advised that businesses are losing customers due to parking shortages and there are no alternative transportation methods available. Silvio DeGasperis, 43 Cowan Drive, commented that there is always parking in the area, both on street and valet. Maria Pizzitola, 21 Kellam Street, reviewed the petition of support provided by Mr. DiGuiseppe and advised that she was not consulted to participate. She commented that while she does not oppose new development the parking crisis must be resolved before a decision is made. Pasquale Perrelli, 284 Barron Avenue, commented that there is available parking during the day, from the morning until approximately 5:00 p.m. He opined that parking issues are created at night by Starbucks. He owns a clothing store at 10489 Islington Avenue and has been in the area 13 – 14 years. Francesco Filipo, 21 Kellam Street, advised that he runs a local business in the area. He noted that more than one business uses the school for overflow parking, which he has witnessed while attending his son’s soccer game. Many homes have been built in the area creating more traffic in the downtown core. He noted that parking is available in the morning, however 7:00 p.m. is when parking becomes an issue. He opined that the application is compounded by other site development in the area and shared parking should not be used as a solution. He expressed concern regarding people parking on his property at night and safety issues when asking them to leave or having to call the police to resolve the situation. He noted that the parking issues impact local businesses. In response to Member Mauti, Mr. Filipo advised that he has resided in Kleinburg since 2015 and was aware of the Starbucks when he moved to the area. Ms. Pizzitola advised that many changes have occurred since 2015. She explained the rate of local residential growth and noted that Kleinburg is a tourist area that cannot rely on shared parking. If reliance is going to be placed on shared parking, an agreement needs to be registered on title. She also expressed concerns with respect to setting precedent. John Cutler, on behalf of Kleinburg Area Ratepayers Association (KARA) advised that he has lived in area for 25 years and the parking situation has become considerably worse than it was 3 – 10 years ago. KARA is supportive of business development, however they have concerns with respect to the proposed parking. Regardless of the parking standard used, shared parking is not a tangible solution unless an agreement is in place. He noted that CIL contributions have not generated any new parking spaces and the variances are not supported by KARA. In response to Member Zheng, Mr. DiGuiseppe advised that the abutting property owner is not willing to register an agreement on title with respect to parking. He noted that there is a current parking deficiency on the property and a registered agreement would impact future development. He advised that use of the abutting property for parking is a secondary measure, to be used after available street and offsite parking. Member Perrella opined that the application is not minor and noted that recommended support is conditional on an agreement being registered on title. Member Mauti reviewed previous decisions by the Committee and noted that agreements were not required. In response to Member Mauti, Mr. Pearce advised that agreements have been used in the past (i.e. Canadiana development). He advised that a verbal agreement may create a situation whereby the proposed business is left with an inadequate parking supply. In response to Chairman Cesario, Mr. Pearce advised that there may be other parking solutions available if applicant cannot enter into an agreement. In response to Chairman Cesario, Mr. DiGuiseppe advised that he would be willing to work with staff to assess available parking, however an agreement with respect to shared parking cannot be supported. He noted that a parking study of the area could take years and it would be unfair for his client to wait. COMMITTEE OF ADJUSTMENT MINUTES THURSDAY, SEPTEMBER 27, 2018

Moved By: M. Mauti Seconded By: J. Cesario

THAT Application No. A081/18 on behalf of Kleinburg North Holdings Ltd. be APPROVED, subject to conditions 1 & 2.2, in accordance with the sketch submitted with the application (as required by Ontario Regulation 200/96) and subject to the following conditions: Department/Agency Condition 1 Development Planning That the Owner enter into an agreement with the Christopher Cosentino City of Vaughan to provide cash-in-lieu of seven (7) parking spaces as per By-law 159-2006. 905-832-8585 x 8215 [email protected] 2 Development Engineering 1. The Owner shall enter into an agreement with Brad Steeves the City and the adjoining landowner (10477 Islington Ave.) for the sharing of the 10 905-832-8585 x 8977 parking spaces to the satisfaction of the City. [email protected] Said agreement shall be registered on title of the subject lands and the adjoining property (10477 Islington Ave.) to the satisfaction of the City. 2. The Owner shall pay cash-in-lieu for 7 parking spaces in accordance with the City’s Kleinburg Cash-in-lieu Policy.

For the following reasons:

Members Opposed to Motion: Member Perrella Member Zheng

The motion to approve A081/18 resulted in a tie vote.

Section 45(8) of the Planning Act:

“No decision of the committee on an application is valid unless it is concurred in by the majority of the members of the committee that heard the application.”

Given that the majority of the members did not concur in the decision to approve Minor Variance Application A081/18, the application is deemed to be REFUSED.

Motion Carried. Absent: Member Buckler

COMMITTEE OF ADJUSTMENT MINUTES THURSDAY, SEPTEMBER 27, 2018

Other Business None

Motion to Adjourn

Moved By: A. Perrella Seconded By: M. Mauti

THAT the meeting of Committee of Adjustment be adjourned at 8:48 p.m. and the next regular meeting will be held on November 1, 2018.

Motion Carried.

September 27, 2018 Meeting Minutes are to be approved at the November 1, 2018 meeting:

Chair

Secretary-Treasurer