Prepared By: Lenore Providence

File: A094/13 Applicant: BEN PANICCIA Address: 35 Broda Drive, Woodbridge Agent: NONE Adjournment Status: PREVIOUSLY ADJOURNED FROM THE MAY 23, 2013 MEETING. At the Committee of Adjustment meeting of Thursday, MAY 23, 2013, the Committee agreed to ADJOURN the above-mentioned application, to allow the applicant time to provide documents that he believes the TRCA are in need of, to amend their comments.

Notes: At the time of preparing this agenda, no new comments were received.

Comments/Conditions:

Commenting Department Comment Condition of

Approval Building Standards Development Planning Engineering Cultural Services TRCA PowerStream Ministry of Transportation Other - _______________________

Legend: - Positive Comment - Negative Comment

Item # 27 Ward #2

EXTRACTS FROM THE MAY 23, 2013 COMMITTEE OF ADJUSTMENT MINUTES

Page 1 of 1

MINOR VARIANCE PUBLIC HEARING: Cont’d… Item # 6 FILE NUMBER: A094/13 APPLICANT: BEN PANICCIA PROPERTY: Part of Lot 20, Concession 8 (Lot 14, Registered Plan 4005, municipally known as

35 Broda Drive, Woodbridge). ZONING: The subject lands are zoned OS1 Open Space Conservation and A Agricultural

under By-law 1-88 as amended. PURPOSE: To permit the maintenance of an existing kitchen and living room one-storey

addition (formerly a garage) within an existing two-storey single family detached dwelling.

PROPOSAL: To permit and maintain the enlargement of a legal non-conforming use (dwelling). BY-LAW REQUIREMENT:

No building or structure shall be permitted within the OS1 Open Space Conservation Zone.

BACKGROUND INFORMATION:

Other Planning Act Applications The land which is the subject in this application was also the subject of another application under the Planning Act: MINOR VARIANCE APPLICATIONS: A138/03 APPROVED May 29/03 - (enlargement of a legal non-conforming structure will be

built in an OS1 Zone) A162/97 - APPROVED Jul 24/97 ( the concrete porch constructed in an OS1 Zone and be

exempt from Section 7.2.3 of By-law 1-88) BEN PANICCIA, the applicant appeared on his own behalf. No one appeared before the Committee in support of or in opposition to the request. A request for decision was received from John Valente, 43 Broda Drive, R.R. #3, Woodbridge, ON L4L 1A7. During the discussions between the Committee and Mr. Paniccia, the Committee, suggested and it was agreed to adjourn the application to the next meeting to allow Mr. Panniccia, time to address the Toronto and Region Conservation Authority’s (TRCA) comments. Mr. Panniccia stated that he had copies of the documentation the TRCA is looking for and the two week adjournment will be sufficient time to procure revised comments. MOVED by M. Mauti Seconded by A. Perrella THAT Application No. A094/13, BEN PANICCIA, be ADJOURNED to the JUNE 6, 2013, meeting, to allow the applicant time to address the Toronto and Region Conservation Authority’s comments

CARRIED.

May 29, 2013

Ben Paniccia 35 Broda Drive, Woodbridge, ON L4L 1A7 Dear BEN PANICCIA

Re:

Please be advised that at the Committee of Adjustment meeting of Thursday, May 23, 2013, the Committee agreed to ADJOURN the above-mentioned application, to allow the applicant time to provide the Toronto and Region Conservation Authority’s with documents to address their comments. The new hearing was re-scheduled for JUNE 6, 2013 at 6:00 p.m. in the 2ND FLOOR COMMITTEE ROOMS 242/243. Your and/or your agent’s attendance will be required at that time. There will be no formal notification to remind you of your meeting. This letter has also been copied to the interested parties listed below. PLEASE CHANGE THE SIGNAGE ON THE PROPERTY TO READ JUNE 6, 2013, MEETING. A SIGNED FAX OR E-MAIL CAN BE SENT TO NOTIFY THIS OFFICE THAT THE CHANGE HAS BEEN DONE. If amendments are required to your application, please notify our office as soon as possible. If you have any questions regarding the above, please do not hesitate to contact the writer. Sincerely, Lenore Providence Assistant to the Secretary-Treasurer to Committee of Adjustment City of Vaughan

cc: John Valente, 43 Broda Drive, R.R. #3, Woodbridge, ON L4L 1A7 Anthony Sun, Planner 1, Toronto and Region Conservation Authority Laurie Alkenbrack, Zoning Supervisor, Building Standards Department

COMMITTEE OF ADJUSTMENT 2141 Major Mackenzie Drive, Vaughan, Ontario, L6A 1T1

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

NOTICE OF APPLICATION MINOR VARIANCES

FILE NUMBER: A094/13 APPLICANT: BEN PANICCIA PROPERTY: Part of Lot 20, Concession 8 (Lot 14, Registered Plan 4005,

municipally known as 35 Broda Drive, Woodbridge).

Form 9

COMMITTEE OF ADJUSTMENT2141 Major Mackenzie Drive, Vaughan, Ontario, L6A 1T1

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

FILE NUMBER: A094/13 APPLICANT: BEN PANICCIA PROPERTY: Part of Lot 20, Concession 8 (Lot 14, Registered Plan 4005, municipally known as 35

Broda Drive, Woodbridge). ZONING: The subject lands are zoned OS1 Open Space Conservation and A Agricultural under

By-law 1-88 as amended. PURPOSE: To permit the maintenance of an existing kitchen and living room one-storey

addition (formerly a garage) within an existing two-storey single family detached dwelling.

PROPOSAL: To permit and maintain the enlargement of a legal non-conforming use (dwelling). BY-LAW REQUIREMENT:

No building or structure shall be permitted within the OS1 Open Space Conservation Zone.

BACKGROUND INFORMATION:

Other Planning Act Applications The land which is the subject in this application was also the subject of another application under the Planning Act: MINOR VARIANCE APPLICATIONS: A138/03 APPROVED May 29/03 - (enlargement of a legal non-conforming structure will be built

in an OS1 Zone) A162/97 - APPROVED Jul 24/97 ( the concrete porch constructed in an OS1 Zone and be

exempt from Section 7.2.3 of By-law 1-88) 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, MAY 23, 2013 TIME: 6:00 PM LOCATION: COMMITTEE ROOM 242/243 (2nd 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) 832-8585/Fax: (905) 832-8535. 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) 832-8585 x.8332.

DATED THIS 8TH DAY OF MAY, 2013.

Todd Coles, BES, MCIP, RPP Manager of Development Services and

Secretary-Treasurer to Committee of Adjustment

Agenda packages will be available prior to hearing at: http://bit.ly/CofAVaughan

NOTICE OF APPLICATION MINOR VARIANCE

FILE NUMBER: A094/13 APPLICANT: BEN PANICCIA Subject Area

Municipally known as 35 Broda Drive, Woodbridge

COMMITTEE OF ADJUSTMENT2141 Major Mackenzie Drive, Vaughan, ON L6A 1T1

Phone: (905)832-8585 Fax: (905)832-8535

35

EXTRACTS FROM THE JULY 24, 1997 COMMITTEE OF ADJUSTMENT MINUTES MINOR VARIANCE PUBLIC HEARING:

17. FILE NO. A162/97

BEN PANICCIA

LOCATION

Lot 14, Registered Plan 4005 (Part of Lot 20, Concession 8), municipally known as 35 Broda Drive.

PROPOSAL

By-law 1-88 zones this parcel Agricultural Zone “A” and Open Space Zone “OS1".

The applicant is requesting a variance to permit the construction of a one-storey concrete porch addition to an existing one-storey dwelling with an attached garage, notwithstanding, the concrete porch will be constructed in an OS1 Zone and be exempt from Section 7.2.3 of By-law 1-88, rather than the by-law requires that no buildings or structures will be constructed in an OS1 Zone other than conservation projects, and Section 7.2.3 states that no lands zoned OS1 shall be used to calculate yards required by the By-law.

The owner appeared on his own behalf and stated he has read the draft conditions and has nothing further to add.

There was no one in attendance either in support of or in opposition to the request.

There were no objections from any Departments or Agencies and any conditions are listed below.

The Committee is of the opinion that the variances sought can be considered minor and are desirable for the appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will be maintained.

MOVED by T. Decicco Seconded by M. Mauti

That Application No. A162/97, BEN PANICCIA, be APPROVED.

CARRIED.

EXTRACTS FROM THE MAY 29, 2003 COMMITTEE OF ADJUSTMENT MINUTES

Page 1 of 1

MINOR VARIANCE PUBLIC HEARING:

11. FILE NO: A138/03 BEN PANICCIA

LOCATION Part of Lot 20, Concession 8, (Lot 14, Plan No. 4005, municipally known as 35 Broda Drive, Woodbridge). PROPOSAL The subject lands are zoned OS1 – Open Space Conservation and A – Agriculture, under By-law 1-88 as amended. The applicant is requesting a variance to permit the construction of a garage on the northeast side of an existing one storey dwelling with a proposed loft above the existing home, notwithstanding, the enlargement of a legal non-conforming structure will be built in an OS1 Zone, rather than the By-law states no buildings or structures are permitted in an OS1 – Open Space Conservation zone. Other Planning Act Applications: Minor Variance Application File No. A162/97 - Approved July 24, 1997 (Concrete porch addition) A petition of support was received from the following residents:

Chris Bekyarovich 74 Leander St. Brampton, Ontario L6S 3M7

Alex & Phyllis Evans 12 Broda Drive Woodbridge, Ontario L4L 1A7

Nelson Moody

9888 Highway 27 Woodbridge, Ontario L4L 1A7

Occupants 54 Broda Drive Woodbridge, Ontario L4L 1A7

G & N D’Atri-Guiran

36 Broda Drive Woodbridge, Ontario L4L 1A7

TRCA requested information from the applicant confirming if the terrazzo was to remain open or closed. On May 23, 2003 a sketch showing the terrazzo which will be open was submitted. On May 29, 2003 a fax was received from TRCA stating that they have no outstanding issues. Ben Paniccia, the applicant, appeared and gave a brief submission regarding the request. There was no one in attendance either in support of or in opposition to the request. The Building Department Septic System Division made the following written comments: Prior to the issuance of a Building Permit the performance of the subject on-site sewage system must be evaluated by a professional Engineer as per the requirements of the Ontario Building Code.

EXTRACTS FROM THE MAY 29, 2003 COMMITTEE OF ADJUSTMENT MINUTES

Page 1 of 1

MINOR VARIANCE PUBLIC HEARING: Cont’d. 11. FILE NO: A138/03 BEN PANICCIA

There were no other objections from any Departments or Agencies and any conditions requested are listed below. The Committee is of the opinion that the variance sought can be considered minor and is desirable for the appropriate development and use of the land. The general intent and purpose of the By-law and the Official Plan will be maintained. MOVED by K. Connell Seconded by S. Perrella AND THAT Application No, A138/03– BEN PANICCIA, be APPROVED, in accordance with the sketch attached, and subject to the following conditions: 1. That the applicant obtain an Ontario Regulation 158 permit from the Toronto & Region

Conservation Authority, if required, to the satisfaction of the Toronto & Region Conservation Authority;

2. That if the condition listed above is not fulfilled and the Building Permit is not applied

for within twelve (12) months of the date this decision becomes final and binding, the said decision shall expire and shall be deemed to have been annulled and rescinded by the Committee.

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

CARRIED.

Page 1 of 1

Development Planning Department I City of Vaughan I 2141 Major Mackenzie Drive I Vaughan, ON L6A 1T1

T: 905.832.8585 I F: 905.832.6080 I www.vaughan.ca

DATE:

May 13, 2013

TO:

Todd Coles, Committee of Adjustment

FROM:

Grant Uyeyama, Director of Development Planning Development Planning Department

MEETING DATE:

May 23, 2013

OWNER: Ben Paniccia FILE(S): A094/13 Location:

35 Broda Drive, Kleinburg Ward 2, Vicinity of Highway #27 and Major Mackenzie Drive

Proposal:

The Owner is requesting to permit and maintain the enlargement of a legal non-conforming use (dwelling) in an OS1 Open Space Conservation Zone, whereas By-law 1-88 does not permit any building or structure within the OS1 Open Space Conservation Zone.

Official Plan:

The subject lands are designated “Valley Area” by in-effect OPA #601 (Kleinburg-Nashville Community Plan). Section 5.4 of OPA #601 permits the limited extension and enlargement of legal non-conforming uses. The subject lands are also designated “Natural Areas” by the new City of Vaughan Official Plan 2010, which is subject to approval from the Ontario Municipal Board. Section 10.1.2.18 of the Vaughan Official Plan 2010 permits the extension and enlargement of legal non-conforming uses. The proposal conforms to the policies of the Official Plan.

Comments:

On May 29, 2003, the Committee of Adjustment approved Minor Variance Application A138/03 to permit the construction of a garage addition on the northeast side of the existing one-storey dwelling located on a portion of the subject lands zoned OS1 Open Space Conservation Zone. The approval was considered an enlargement of a legal non-conforming structure (dwelling). For Minor Variance Application A094/13, the Owner is requesting permission to maintain the garage addition approved under Minor Variance Application A138/03 for the purposes of a kitchen and living room. As there are no changes or enlargements to the building footprint, the Development Planning Department has no objections to the proposal. 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 supports Minor Variance Application A094/13.

Condition(s):

None.

Report Prepared By: Mark Antoine, Planner 1 Carmela Marrelli, Senior Planner

RECEIVED

May 15, 2013 VAUGHAN COMMITTEE

OF ADJUSTMENT

* Comments are based on the review of documentation supplied with this application.

2141 Major Mackenzie Drive Vaughan, Ontario Canada L6A 1T1 Tel (905) 832-2281

To: Committee of Adjustment From: Pia Basilone, Building Standards Department Date: April 2, 2013 Name of Owner: Ben Paniccia Location: 35 Broda Drive Lot 14, RP4005 File No.(s): A094/13 Zoning Classification: The subject lands are zoned OS1 Open Space Conservation and A Agricultural under By-law 1-88 as amended. Proposal: To permit and maintain the enlargement of a legal non-conforming use (dwelling). By-Law Requirements: No building or structure shall be permitted within the OS1 Open Space Conservation Zone. Staff Comments: Stop Work Orders and Orders to Comply: Order-to-Comply # 12-725 has been issued for construction without obtaining a building permit and is currently active. Building Permits Issued:

A building permit (#03-3125 R1) has been applied for. Other Comments: The sketch indicates that the kitchen in the middle of the structure is to be removed. We would suggest that the proposed use of that area be indicated on the sketch. Committee of Adjustment Minor Variance No. A138/03 approved a sketch indicating a garage on the east side of the structure; whereas, a kitchen and living room is being maintained/proposed in that room. The subject lands may be subject to Ontario Regulation 166/06 (TRCA – Toronto Region Conservation Authority). Conditions of Approval: If the committee finds merit in the application, the following conditions of approval are recommended. None

RECEIVED

April 2, 2013 VAUGHAN COMMITTEE

OF ADJUSTMENT

DATE: May 9, 2013

TO: Todd Coles, Committee of Adjustment FROM: Otello Santini, Development/Transportation Engineering MEETING DATE: May 23, 2013 OWNER: BEN PANICCIA FILE(S): Minor Variance Application A094/13

Location: Part of Lot 20, Concession 8 (Lot 14, Registered Plan 4005,

municipally known as 35 Broda Drive). Proposal:

1. To permit and maintain the enlargement of a legal non-conforming use (dwelling). By-Law Requirements:

1. No building or structure shall be permitted within the OS1 Open Space Conservation Zone.

Comments: The Owner is seeking permission to maintain the garage addition

initially approved under Minor Variance Application A138/03 for the purposes of a kitchen and living room. There are no proposed changes or enlargements to the existing building footprint. The Development/Transportation Engineering Department has no comments or objection to application A094/13.

Note the subject lands and/or Minor Variance Application may be subject to Ontario Regulation 166/06 (TRCA – Toronto Region Conservation Authority).

Condition(s): None.

RECEIVED

May 10, 2013 VAUGHAN COMMITTEE

OF ADJUSTMENT

DATE: May 6, 2013.

TO: Todd Coles Secretary Treasurer to the Committee of Adjustment Via Email

FROM: Cecilia Nin Hernandez Cultural Heritage Coordinator Cultural Services Division Recreation and Culture Department

RE: A094/13 Part of Lot 20, Concession 8 (Lot 14, Registered Plan 4005, municipally known as 35 Broda Drive, Woodbridge Vaughan

Cultural Services has received the request for comments for the Committee of Adjustment application noted above and offers the following comments:

1. Cultural Services has no objections to the above noted application, and;

2. The subject parcel of land lies in an area identified as a being of high archaeological potential in the City’s database of archaeological resources. As such, the owner is advised that the following standard clauses apply:

i. Should archaeological resources be found on the property during construction activities, all work must cease and both the Ontario Ministry of Tourism, Culture and Sport and the City of Vaughan’s Policy Planning and Urban Design and Recreation and Culture Departments shall be notified immediately.

ii. In the event that human remains are encountered during construction activities, the proponent must immediately cease all construction activities. The proponent shall contact the York Regional Police Department, the Regional Coroner and the Registrar of the Cemeteries Regulation Unit of the Ministry of Consumer and Business Services.

Cecilia Nin Hernandez, M.Arch.

Cultural Heritage Coordinator Cultural Services Division Recreation & Culture Department (905) 832-8585, ext. 8115

Date: May 10, 2013 Attention: Lenore Providence RE: Request for Comments File No. A094/13 Related Files: Applicant: Ben Paniccia Location: 35 Broda Dr. Woodbridge

COMMENTS: (BY E-MAIL ONLY)

We have reviewed the proposed Variance Application and have no comments or objections to its approval.

We have reviewed the proposed Variance Application and have no objections to its approval, subject to the following comments (attached below).

We have reviewed the proposed Variance Application and have the following concerns (attached below).

X

PowerStream has received and reviewed the proposed Variance Application. This review, however, does not imply any approval of the project or plan. All proposed billboards, signs, and other structures associated with the project or plan must maintain minimum clearances to the existing overhead or underground electrical distribution system as specified by the applicable standards, codes and acts referenced. In the event that construction commences, and the clearance between any component of the work/structure and the adjacent existing overhead and underground electrical distribution system violates the Occupational Health and Safety Act, the customer will be responsible for 100% of the costs associated with PowerStream making the work area safe. All construction work will be required to stop until the safe limits of approach can be established. In the event construction is completed, and the clearance between the constructed structure and the adjacent existing overhead and underground electrical distribution system violates the any of applicable standards, acts or codes referenced, the customer will be responsible for 100% of PowerStream’s cost for any relocation work. References:

• Ontario Electrical Safety Code, latest edition (Clearance of Conductors from Buildings) • Ontario Health and Safety Act, latest edition (Construction Protection) • Ontario Building Code, latest edition (Clearance to Buildings) • PowerStream (Construction Standard 03-4), attached • Canadian Standards Association, latest edition (Basic Clearances)

If more information is required, please contact either of the following: Mr. Barry N. Stephens Mr. Stephen Cranley Commercial & Industrial Services Supervisor Supervisor, Subdivisions & New Services Phone: 905-417-6900 ext. 5920 705-722-7244 ext. 31297 Fax: 905-532-4401 705-722-9040 E-mail: barry.stephens@powerstream.ca steve.cranley@powerstream.ca

RECEIVED

May 10, 2013 VAUGHAN COMMITTEE

OF ADJUSTMENT

1

Providence, Lenore

Subject: FW: A094/13 - REQUEST FOR COMMENTS (City of Vaughan Committee of Adjustment)

  

      

From: Singh, Christian (MTO) [mailto:Christian.Singh@ontario.ca] Sent: Tuesday, May 07, 2013 12:31 PM To: Providence, Lenore Subject: RE: A094/13 - REQUEST FOR COMMENTS (City of Vaughan Committee of Adjustment) Hi Lenore, Upon review, this application does not fall in the Ministry’s permit control. Therefore the Ministry has no comments to provide.

Sincerely,

Chris Singh Chris Singh Permits Officer Corridor Management Office Ministry of Transportation Central Region 1201 Wilson Ave, Building D, 7th Floor Downsview, Ontario M3M 1J8 Tel: 416-235-4276 Fax: 416-235-4267 Web www.mto.gov.on.ca/english/engineering/management/corridor/index.html

RECEIVED

May 7, 2013 VAUGHAN COMMITTEE

OF ADJUSTMENT