Prepared By: Pravina Attwala

File: A208/17 Applicant: Isaac & Cimore Zisckind Address: 68 Cedarpoint Ct. Maple Agent: Joe Barbarino Adjournment Status: Notes: Comments/Conditions:

Commenting Department

Comment Condition of

Approval

Building Standards Development Planning Engineering Finance VFRS TRCA PowerStream York Region Other - _______________________

Legend: - Positive Comment

- Negative Comment

Item # 28

Ward #4

COMMITTEE OF ADJUSTMENT 2141 MAJOR MACKENZIE DRIVE, VAUGHAN, ONTARIO L6A 1T1

PHONE: (905)832-8504 FAX: (905)832-8535

NOTICE OF APPLICATION MINOR VARIANCE

FILE NUMBER: A208/17

APPLICANT: ISAAC & CIMORE ZISCKIND

PROPERTY: Part of Lot 19, Concession 2 (Lot 20, Registered Plan 65M-4264) municipally known as 68 Cedarpoint Court, Maple

ZONING: The subject lands are zoned RD3,Residential Detached Zone Three and subject to the provisions of Exception 9(1275) under By-law 1-88 as amended.

PURPOSE: To permit the construction of a cabana/gazebo, pool equipment and air-conditioning unit as follows:

BY-LAW PROPOSAL:

1. To permit a minimum interior side yard setback of 0.6 metres to pool equipment on a pad, no enclosure.

2. To permit a minimum interior side yard setback of 0.6 metres to an air conditioning unit. 3. To permit a minimum interior side yard setback of 0.9 metres to an accessory structure

(gazebo). 4. To permit a minimum rear yard setback of 1.2 metres to accessory structure (gazebo).

BY-LAW REQUIREMENT:

1. A minimum interior side yard setback of 1.2 metres is required. 2. A minimum interior side yard setback of 1.2 metres is required. 3. A minimum interior side yard setback of 1.2 metres is required. 4. A minimum rear yard setback of 7.5 metres is required.

A sketch is attached illustrating the request. This application will be heard by the Committee of Adjustment on the date and time shown below. 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 will be disclosed to any individual (including being posted on the internet) 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 WEDNESDAY, JUNE 21, 2017 Christine Vigneault, ACST

Manager of Development Services and Secretary-Treasurer to Committee of Adjustment

Agenda packages will be available prior to the hearing at: Vaughan.ca/CofA

DATE: THURSDAY, JULY 06, 2017 TIME: 6:00 PM LOCATION: COMMITTEE ROOM 242/243 (2nd Floor)

VAUGHAN CITY HALL 2141 MAJOR MACKENZIE DRIVE VAUGHAN, ONTARIO L6A 1T1

2141 Major Mackenzie DriveVaughan, Ontario

Canada L6A 1T1(905) 832-2281

Page 1 of 1

To: Committee of Adjustment

From: Catherine Saluri, Building Standards Department

Date: June 16, 2017

Name of Owner: Isaac & Cimore Zisckind

Location: PLAN 65M4264 Lot 20 municipally known as 68 Cedarpoint Court

File No.(s): A208/17

Zoning Classification:

The subject lands are zoned RD3,Residential Detached Zone Three and subject to the provisions of Exception 9(1275) under By-law 1-88 as amended.

Proposal:

1. To permit a minimum interior side yard setback of 0.6 metres to pool equipment on a pad, no enclosure. 2. To permit a minimum interior side yard setback of 0.6 metres to an air conditioning unit. 3. To permit a minimum interior side yard setback of 0.9 metres to an accessory structure (gazebo).4. To permit a minimum rear yard setback of 1.2 metres to accessory structure (gazebo).

By-Law Requirements:

1. A minimum interior side yard setback of 1.2 metres is required.2. A minimum interior side yard setback of 1.2 metres is required.3. A minimum interior side yard setback of 1.2 metres is required.4. A minimum rear yard setback of 7.5 metres is required.

Staff Comments:

Stop Work Order(s) and Order(s) to Comply:

There are no outstanding Orders on file.

Building Permit(s) Issued:

An application for a building permit has not been submitted for the proposed gazebo. The Ontario Building Code requires a building permit for structures that exceed 10 m2.

Other Comments:

Please note Section 4.1.1(b) that states the maximum height of an accessory building or structure measured from the average finished ground level to the highest point of the said building or structure shall be 4.5 metres. The nearest part of the roof shall not be more than three(3) metres above finished grade.

Eaves and gutters appurtenant to the accessory structure shall not project more than 0.5 metres into all required yards.

The applicant shall be advised that additional variances may be required upon review of detailed drawing for building permit/site plan approval.

The subject lands may be subject to the Oak Ridges Moraine Conservation Act, RSO 2001.

Conditions of Approval:

If the committee finds merit in the application, the following conditions of approval are recommended.

None

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

memorandum

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

T: 905.832.8585 | F: 905.832.6080 | www.vaughan.ca | Page 1

To: Christine Vigneault, Committee of Adjustment Secretary Treasurer From: Mauro Peverini, Director of Development Planning Date: June 26, 2017 Name of Owner: Isaac & Cimore Zisckind Location: 68 Cedarpoint Court File No.(s): A208/17

Proposed Variance(s): 1. To permit a minimum interior side yard setback of 0.6 metres to pool equipment on a pad, no enclosure. 2. To permit a minimum interior side yard setback of 0.6 metres to an air conditioning unit. 3. To permit a minimum interior side yard setback of 0.9 metres to an accessory structure (gazebo). 4. To permit a minimum rear yard setback of 1.2 metres to accessory structure (gazebo).

By-Law Requirement(s): 1. A minimum interior side yard setback of 1.2 metres is required. 2. A minimum interior side yard setback of 1.2 metres is required. 3. A minimum interior side yard setback of 1.2 metres is required. 4. A minimum rear yard setback of 7.5 metres is required.

Official Plan: VOP 2010: "Low-Rise Residential" and located within the "Oak Ridges Moraine Settlement Area". The proposal conforms to the policies of the Official Plan.

Comments: The Owner is requesting to permit the construction of a gazebo and pool equipment on a pad, and to permit the maintenance of an A/C unit with the above noted variances. Development Planning staff conducted a site visit of the property on June 21, 2017. The subject property rears onto an OS5 Environmental Protection Zone, however there is minimal vegetation within close proximity of the property. The rear yard is screened by a privacy fence along the interior side lot lines, and a chain link fence along the rear lot line. Development Planning staff have no concern with the proposed setbacks to the gazebo as it will not have adverse visual impacts to neighbouring properties. Development Planning staff have no concern with the location or setbacks of the pool equipment or A/C unit. The Development Planning Department is of the opinion that the proposal is minor in nature, maintains the general intent and purpose of the Zoning By-law, and is desirable for the appropriate development of the land.

Recommendation:

The Development Planning Department recommends approval of the application.

Conditions of Approval: If the committee finds merit in the application, the following conditions of approval are recommended:

None

Comments Prepared by: Chris Cosentino, Planner I Christina Napoli, Senior Planner

COMMITTEE OF ADJUSTMENT 2141 MAJOR MACKENZIE DRIVE, VAUGHAN, ONTARIO L6A 1T1 PHONE: (905)832-8504 FAX: (905)832-8535

To: Committee of Adjustment

From: Various Departments and Agencies

Date: 27 June 2017

Name of Owner: Isaac & Cimore Zisckind

Location: Part of Lot 19, Concession 2 (Lot 20, Registered Plan 65M-4264)

municipally known as 68 Cedarpoint Court, Maple

File No.(s): A208/17

Zoning Classification:

The subject lands are zoned RD3,Residential Detached Zone Three and subject to the provisions of Exception 9(1275) under By-law 1-88 as amended.

Proposal:

1. To permit a minimum interior side yard setback of 0.6 metres to pool equipment on a pad, no enclosure. 2. To permit a minimum interior side yard setback of 0.6 metres to an air conditioning unit. 3. To permit a minimum interior side yard setback of 0.9 metres to an accessory structure (gazebo). 4. To permit a minimum rear yard setback of 1.2 metres to accessory structure (gazebo).

By-Law Requirements:

1. A minimum interior side yard setback of 1.2 metres is required. 2. A minimum interior side yard setback of 1.2 metres is required. 3. A minimum interior side yard setback of 1.2 metres is required. 4. A minimum rear yard setback of 7.5 metres is required.

Public Comment(s): Engineering Comment(s): Prepared by: Steve Lysecki

There are no comments associated with this application

Engineering Condition(s):

There are no conditions associated with this application

Fire Comment(s): Prepared by: André Clafton

no comments

Fire Condition(s):

There are no conditions associated with this application

Finance Comment(s): Prepared by: Nelson Pereira

There are no comments associated with this application

Finance Condition(s):

There are no conditions associated with this application

* Comments are based on the review of documentation supplied with this application. Page 1 of 1

June 19, 2017 CFN 57063.22

BY E-MAIL: Christine.Vigneault@vaughan.ca Ms. Christine Vigneault Secretary Treasurer Committee of Adjustment City of Vaughan 2141 Major Mackenzie Drive Vaughan, Ontario L6A 1T1 Dear Ms. Vigneault: Re: Minor Variance Application A208/17

68 Cedarpoint Court Lot 20, Plan 65M-4264

City of Vaughan Isaac & Cimore Zisckind This letter acknowledges receipt of the above noted application, received by Toronto and Region Conservation Authority (TRCA) on June 16, 2017. TRCA has reviewed the applications and offers the following comments. Background It is our understanding that the purpose of the above noted Minor Variance Application is to request the following:

1. To permit a minimum interior side yard setback of 0.6m to pool equipment on a pad, no enclosure, whereas a minimum interior side yard setback of 1.2m is required.

2. To permit a minimum interior side yard setback of 0.6m to an air-conditioning unit whereas a minimum interior side yard setback of 1.2m is required.

3. To permit a minimum interior side yard setback of 0.9m to an accessory structure whereas a minimum interior side yard setback of 1.2m is required.

4. To permit a minimum rear yard setback 1.2m whereas a minimum rear yard setback of 7.5m is required. It is the understanding of TRCA that the requested variances are to support the development of an in ground pool and gazebo.

Applicable Policies and Regulations Ontario Regulation 166/06: The subject lands are located partially within the TRCA’s Regulated Area of the Don River Watershed due to its proximity to a wetland within the Oak Ridges Moraine to the southwest of the property. In accordance with the Ontario Regulation 166/06 (Regulation of Development, interference with Wetlands and Alterations to Shorelines and Watercourses), development, interference or alteration may be permitted in the Regulated Area where it can be demonstrated to TRCA’s satisfaction that the control of flooding, erosion, dynamic beaches, pollution, or the conservation of land will not be affected. In this regard, TRCA must be contacted prior to any works taking place in the Regulated Area. Please note that TRCA has issued permit C-170309 as of April 19, 2017 for these proposed works. Living City Policies (LCP): In addition, The Living Policies for Planning and Development in the Watersheds of the Toronto and Region Conservation Authority (LCP) describes a ‘Natural System’ made up of natural features and areas, water resources, natural hazards, potential natural cover and/or buffers. The LCP recommends that development is not permitted within the Natural System and that it be conveyed into public ownership for its long term protection and enhancement. The LCP also provides policies for developing adjacent to, and in, the Natural System (where permitted), while meeting natural hazard management requirements, and maintaining and enhancing the functions of the protected Natural System. These policies also seek to integrate the natural and built environments, maximizing opportunities for ecosystem services from across the entire landscape. It is these policies that guide TRCA’s review of the subject application, along with those found in other Provincial and municipal plans, documents and guidelines. Oak Ridges Moraine Conservation Plan (ORMCP): The subject property is located entirely within a Settlement Area under the ORMCP. There are Key Natural Heritage Features (KNHFs) and Hydrologically Sensitive Features (HSFs) on or in close proximity to the subject property. A provincially significant Wetland under the ORMCP is present approximately 35m to the west of the property. TRCA has an interest in conserving, protecting and enhancing the natural features of the Oak Ridges Moraine (ORM) and provides technical advice on applications that are located on the ORM. However, given that municipalities are the designated approval authority under the Oak Ridges Moraine Act, the City of Vaughan has the responsibility to ensure this proposal conforms to the provisions of the ORMCP.

Ms. Vigneault 2 June 19, 2017

Application-Specific Comments As noted above, the subject lands are located partially within TRCA’s Regulated Area of the Don River Watershed due to the presence of a Provincially Significant Wetland under the ORMCP approximately 35m to the west of the property. TRCA has previously reviewed the proposed works and issued permit number C-170309 on April 19, 2017. As such, TRCA has no further concerns with this proposal. Recommendation In light of the above, TRCA has no objections to the approval of Minor Variance Application A208/17 subject to the following conditions:

That the applicant submits the required Minor Variance Review fee of $550.00. Fees By copy of this letter, the applicant is advised that the TRCA has implemented a fee schedule for our planning application review services. This application is subject to a $550.00 Variance Application (Residential – Minor) review fee. The applicant is responsible for fee payment and should forward the application fee to this office as soon as possible. Conclusion We thank you for the opportunity to review the subject application and provide our comments as per our commenting and regulatory role. Further, we trust these comments are of assistance. TRCA will continue to work closely with the City of Vaughan, the applicant and their consultants to ensure that TRCA’s expectations for meeting comments are met. Should you have any additional questions or comments, please do not hesitate to contact the undersigned. Sincerely, Anthony Syhlonyk Planner I Planning and Development Extension 5272 AS/cb

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Attwala, Pravina

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Date: June 16th , 2017

Attention: Todd Coles

RE: Request for Comments

File No.: A208-17

Related Files:

Applicant: ISAAC & CIMORE ZISCKIND

Location 68 Cedarpoint Court

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COMMENTS:

Alectra Utilities (formerly 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 Alectra 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 Alectra’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 03-1, 03-4, 03-9), attached

Canadian Standards Association, latest edition (Basic Clearances)

If more information is required, please contact either of the following:

Mr. Barry N. Stephens Mr. Tony D’Onofrio Commercial & Industrial Services Supervisor Supervisor, Subdivisions & New Services Phone: 1-877-963-6900 ext.24425 Phone: 1-877-963-6900 ext. 24419 Fax: 905-532-4401 Fax: 905-532-4401

E-mail: barry.stephens@alectrautilities.com E-mail: tony.donofrio@alectrautilities.com

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