Prepared By: Pravina Attwala

File: A148/13 Applicant: RITA RUFFALDI-MISQUITTA Address: 81 Equator Crescent, Maple Agent: RALPH MISQUITTA Adjournment Status: Notes: NO PLANNING COMMENTS RECEIVED AT THE TIME

AGENDA WAS PRINTED Comments/Conditions:

Commenting Department Comment Condition of

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

Legend: - Positive Comment - Negative Comment

Item # 18 Ward #1

Form 9

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

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

FILE NUMBER: A148/13 APPLICANT: RITA RUFFALDI-MISQUITTA PROPERTY: Part of Lot 23, Concession 5, (Lot 151R, Registered Plan No. 65M-3266, municipally

known as 81 Equator Crescent, Maple). ZONING: The subject lands are zoned RV4(WS), Residential, subject to Exception 9(1043),

under By-law 1-88, as amended. PURPOSE: To permit the maintenance of a rear yard deck related to a single family

dwelling, as follows: PROPOSAL: 1. To permit a deck with a minimum rear yard setback of 0.15m.

2. To permit a deck with a minimum interior side yard setback of 0.15m. BY-LAW REQUIREMENT:

1. A minimum rear yard setback of 4.2m is required to a deck. 2. A minimum interior side yard setback of 1.2m is required to a deck.

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 Application A195/08 - Approved July 31, 2008 - minimum rear yard & interior side yard setback 0.15m.

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, JUNE 6, 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 22ND 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

attwalap

Rectangle

FILE NUMBER: A148/13 APPLICANT: RITA RUFFALDI-MISQUITTA

Subject Area Municipally known as 81 Equator Crescent, Maple

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

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

81

attwalap

Rectangle

EXTRACTS FROM THE JULY 31, 2008 COMMITTEE OF ADJUSTMENT MINUTES

Page 1 of 2

MINOR VARIANCE PUBLIC HEARING

FILE NUMBER A195/08 APPLICANT: RITA RUFFALDI-MISQUITTA PROPERTY: Part of Lot 23, Concession 5, (Lot 151R, Registered Plan 65M-3266, municipally known as 81

Equator Crescent, Maple). ZONING: The subject lands are zoned RV4, (WS) Residential Urban Village Zone Four under By-Law

1-88 as amended and further subject to Exception 9(1043). PURPOSE: To permit the maintenance of an existing deck, attached to the rear of an existing two-

storey single family semi-detached dwelling, with the garage attached. PROPOSAL: 1. Minimum rear yard 0.15m to deck

2. Minimum interior side yard 0.15m to deck BY-LAW REQUIREMENTS:

1. Minimum rear yard 4.2m to deck 2. Minimum interior side yard 1.2m to deck

On July 21, 2008, the Engineering Dept. sent the following comments: The Engineering Department cannot support this application due to the fact that the existing deck piers/posts are encroaching onto the drainage swales. The Engineering Department requires a minimum of 0.6m setback from the property line for a drainage swale. On July 24, 2008, the Development Planning Dept. sent the following comments; The Development Planning Department does not support Minor Variance Application A195/08. The Development Planning Department has reviewed the above-noted Application and provides the following comments.

The subject lands are designated “Low Density Residential” by OPA #350 (Maple Community Plan) and are zoned

RV4 (WS) Residential Urban Village Zone Four by By-law 1-88, subject to Exception 9(1043).

The applicant is requesting the following variances to the Zoning By-law to permit the maintenance of a wooden deck as follows:

By-law Standard By-law 1-88

Requirement Proposed 1 Minimum rear yard setback 4.2 m 0.15 m 2 Minimum interior side yard 1.2 m 0.15 m

No other variances are requested. A site visit was conducted on July 15, 2008, which includes photo documentation of the existing wooden deck in the rear yard and the following was noted. The existing deck prominently covers the entire rear yard. There is no landscaping provided in the rear yard. The grading in the rear yard of the property gradually slopes from the northeast corner and there is a drastic slope approximately two metres from the southwest corner. The applicant has noted that the reason for building the deck that covers the entire rear yard, was to cover the slope and make the rear yard level to alleviate a medical condition for a family member affecting balance. This department has taken a position based on a land use planning perspective.

It is the opinion of the Development Planning Department that the proposed reductions in the rear yard and interior side yard are excessive in nature and do not conform to the intent of the By-law 1-88. This Department does not support requests to permit maintenance of an existing deck which covers the entire rear yard. On this basis, the Development Planning Department does not support Minor Variance Application A195/08. A letter was submitted by the applicant from Claudio Fregonas M.D., F.R.C.P. (C), Pediatricain, Suite 307, 8077 Islington Avenue, Woodbridge, Ontario, L4L 7X7 explaining some of the medical issues the applicant’s son has.

Also submitted was a support petition signed by the following residents;

Ashar Bushra 83 Equator Cres., Maple, Ontario L6A 2Y9

Julie Bianchi 80 Equator Cres., Maple, Ontario L6A 2Y9

Elisa D’Andrea 69 Equator Cres., Maple, Ontario L6A 2Y9

EXTRACTS FROM THE JULY 31, 2008 COMMITTEE OF ADJUSTMENT MINUTES

Page 2 of 2

Liliana Lorelli 75 Equator Cres., Maple, Ontario L6A 2Y9

Carmen Lorelli 75 Equator Cres., Maple, Ontario L6A 2Y9

RESIDENT 113 Sail Cres., Maple, Ontario L6A 2Z1

Irma Boni 115 Sail Cres., Maple, Ontario L6A 2Z1

Tony Procopio 119 Sail Cres., Maple, Ontario L6A 2Z1

Giovanna Pereira 77 Equator Cres., Maple, Ontario L6A 2Y9

Monica Colabrese 78 Equator Cres., Maple, Ontario L6A 2Y9

Marina Fazzari 72 Equator Cres., Maple, Ontario L6A 2Y9

Heinz Runge 74 Equator Cres., Maple, Ontario L6A 2Y9

Paula Simoes 107 Sail Cres., Maple, Ontario L6A 2Z1

Maria Norcia 71 Equator Cres., Maple, Ontario L6A 2Y9

Pauline Crosby 109 Sail Cres. Maple, Ontario L6A 2Z1

Ralph Misquitta, the owner, appeared and gave a brief submission regarding the request. Mr. Misquitta referred to the letter on file from his sons doctor and further explained that the deck was built to give his son a safe place to play. He also submitted photos showing that there was no flooding of the swale, referring to the Enrg. comments. The Committee advised that they historically do not support zero setbacks but did offer a condition for a five year period. They explained that if the applicant sold the property, the deck would have to be altered or that the applicant would have to return to the Committee to ask for the same variances. Mr. Misquitta asked if it would be possible to have a seven year condition. A letter from support and a request for decision was received from Anna Maria Nochez, 83 Naples Ave., Maple, Ontario, L6A 2Y9. Requests for decision were handed in by the following residents; Ashar Saleem, 83 Equator Cres., Maple, Ontario, L6A 2Y9; Liliana Lorelli, 75 Equator Cres., Maple, Ontario, L6A 2Y9; Glenda Power, 68 Equator Cres, Maple, Ontario, L6A 2Y9. Anna Maria Nochez, 83 Equator Crescent, advised the Committee she had a letter of support and explained that she lived next door and had no problem with the deck being up to the fence. There was no one else in attendance either in support of or in opposition to the request. There were no other comments/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 M. Panicali Seconded by J. Cesario THAT Application No. A195/08 – RITA RUFFALDI-MISQUITTA, be APPROVED, in accordance with the sketch attached, subject to the following conditions;

1. Approval of the variances shall be limited to a period of 7 years from the date of approval.

CARRIED.

To: Committee of Adjustment From: Susan Okom, Building Standards Department Date: May 8, 2013 Name of Owner: Rita Ruffaldi-Misquitta Location: Plan 65M-3266 Lot 151R 81 Equator Crescent File No. A148/13 Zoning Classification: The subject lands are zoned RV4(WS), Residential, subject to Exception 9(1043), under By-law 1-88, as amended. Staff Comments:

Proposal: 1. To permit a deck with a minimum rear yard setback of 0.15m. 2. To permit a deck with a minimum interior side yard setback of 0.15m. By-Law Requirements: 1. A minimum rear yard setback of 4.2m is required to a deck. 2. A minimum interior side yard setback of 1.2m is required to a deck.

Stop Work Orders and Orders to Comply:

Work Order # 13-134 OB has been issued. Building Permits Issued:

Building Permit #13-694 has been received.

Comments: As the previous variance – A195/08 - was for a 7 year period, the applicant was advised to return to Committee prior to the issuance of a building permit for the existing deck. Conditions of Approval: None

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.

RECEIVED

May 8, 2013 VAUGHAN COMMITTEE

OF ADJUSTMENT

DATE: May 28, 2013

TO: Todd Coles, Committee of Adjustment FROM: Otello Santini, Development/Transportation Engineering MEETING DATE: June 6, 2013 OWNER: RITA RUFFALDI-MISQUITTA FILE(S): Minor Variance Application A148/13

Location: Part of Lot 23, Concession 5, (Lot 151R, Registered Plan No.

65M-3266, municipally known as 81 Equator Crescent). Proposal:

1. To permit a deck with a minimum rear yard setback of 0.15 metres.

2. To permit a deck with a minimum interior side yard setback of 0.15 metres.

By-Law Requirements:

1. A minimum rear yard setback of 4.2 metres is required to a

deck. 2. A minimum interior side yard setback of 1.2 metres is required

to a deck. Comments: A site inspection was conducted on May 21, 2013 at 81 Equator

Crescent in relation to minor variance application A148/13. There is an existing raised wood deck with a setback of approximately 0.1 metres to 0.15 metres rear and interior side yards, respectively. The location of the deck does not interfere or adversely affect the adjacent properties or impact the overall grading/drainage of the subject property.

The Development/Transportation Engineering Department has no comments or objection to application A148/13.

Condition(s): None.

RECEIVED

May 28, 2013 VAUGHAN COMMITTEE

OF ADJUSTMENT

Date: May 13, 2013 Attention: Pravina Attwala RE: Request for Comments File No. A148/13 Related Files: Applicant: Rita Ruffaldi-Misquitta Location: 81 Equator Cres., Maple

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 14, 2013 VAUGHAN COMMITTEE

OF ADJUSTMENT