Item # 11 - Vaughan

39
Prepared By: Pravina Attwala & Lenore Providence File: A238/14 Applicant: JOHN DUCA (2225955 ONTARIO LTD.) Address: Century Place (number unassigned), Woodbridge Agent: AMELIA BISHOP Comments/Conditions: Commenting Department Comment Condition of Approval Building Standards Development Planning- request for deferral Engineering TRCA PowerStream Ministry of Transportation Other - _______________________ Legend: - Positive Comment - Negative Comment Item # 11 Ward #3

Transcript of Item # 11 - Vaughan

Prepared By: Pravina Attwala & Lenore Providence

File: A238/14 Applicant: JOHN DUCA (2225955 ONTARIO LTD.) Address: Century Place (number unassigned),

Woodbridge Agent: AMELIA BISHOP Comments/Conditions:

Commenting Department Comment Condition of

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

Legend: - Positive Comment - Negative Comment

Item # 11 Ward #3

Form 9

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

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

FILE NUMBER: A238/14 APPLICANT: JOHN DUCA (2225955 ONTARIO LTD.) PROPERTY: Part of Lot 2, Concession 5 (being Lot 9, Plan 65R-29508) municipally known as

Century Place (number unassigned), Woodbridge ZONING: The subject lands are zoned , EM1, Prestige Employment Zone, subject to Exception

9 (1362), under By-law 1-88, as amended. PURPOSE: To permit the construction of a motor vehicle sales establishment, as follows: PROPOSAL: 1. To permit the use of a car brokerage, including mechanical and autobody

repairs, on the subject lands. 2. To permit a minimum of 53 parking spaces on the subject lands. 3. To permit minimum parking space dimensions of 2.6 m X 5.7 m. 4. To permit a minimum landscape strip of 1.53 m abutting Century Place.

BY-LAW REQUIREMENT:

1. The use of a car brokerage does NOT include mechanical or autobody repairs or sales of automotive parts. Outdoor storage or display of vehicles is not permitted.

2. The current site specific Exception 9(1362) under Bylaw 224-2011 proposed an office building with a minimum of 468 parking spaces and minimum parking space dimension of 2.7 m X 5.8 m.

3. A minimum parking space dimension of 2.7 m X 6.0 m is required. 4. A minimum landscape strip of 3.0 m is required along a lot line abutting a street

line. 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: B047/10-APPROVED August 5, 2010 - Easement in favour of the lands to the north, east & south. B019/06 & B020/06-APPROVED-April 6, 2006 - creation of a new lot. Minor Variance A099/06 - APPROVED April 6, 2006 to facilitate B019/06 & B020/06 - 35% lot coverage.

A sketch is attached illustrating the request. This application will be heard by the Committee of Adjustment on the date and time shown below.

DATE: THURSDAY, SEPTEMBER 11, 2014 TIME: 6:00 PM LOCATION: COUNCIL CHAMBERS (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

REVISED NOTICE OF APPLICATION

MINOR VARIANCE

Form 9

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 29TH DAY OF AUGUST, 2014. Todd Coles, BES, MCIP, RPP

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

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

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A238/14
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Parking Spaces
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= 53
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Landscape
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strip = 1.53m
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Parking Space
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dimension =
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2.6m x 5.7m
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Permit the use of a Car Brokerage on the subject lands
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Revised August 27, 2014

FILE NUMBER: A238/14

APPLICANT: JOHN DUCA (2225955 ONTARIO LTD.)

Subject Area Municipally known as Century Place, Woodbridge

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

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

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Revised August 27, 2014

August 27, 2014

Committee of AdjustmentCity of Vaughan2141 Major Mackenzie Drive, Vaughan, ONL6A 1T1

Project: DA.13.057 / “Weston and Century”

Project No: 09005

Re: Minor Variance Application A238/14 Dear Committee Member,

Please find our revised list of variances attached pursuant to the Minor Variance Application described above. Please note that the change has been with regards to item 1 on the list below (use) and has been made in order to be consistent with Planning’s recommendation their staff report for this file.

Please do not hesitate to contact me with any questions.

Regards,

Amelia Bishop, PlannerKFA Architects and Planners

August 27, 2014

A238/14

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Revised August 27, 2014
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SEE ATTACHED
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Car Brokerage

List of Variances:

Proposal: 1. Car Brokerage - means a building or part of a building used for the sales/leasing/rental of passenger vehicles and shall include mechanical repairs or autobody repairs. No outdoor display or storage of motor vehicles is permitted.2. To permit a minimum of 53 parking spaces on the subject lands. 3. To permit minimum parking space dimensions of 2.6 m X 5.7 m. 4. To permit a minimum landscape strip of 1.53 m abutting Century Place.

By-Law Requirements 1. Car Brokerage - means a building or part of a building used for the sales/leasing/rental of passenger vehicles and shall not include the sale or automotive parts, mechanical repairs or autobody repairs, or the outdoor display or storage of motor vehicles. (By-law 1-88 Requirements (EM1 Prestige Employment Area Zone, Subject to Exception 9(1362))2. A motor vehicle sales establishment requires 3.0 parking spaces per 100 m2 of Gross Floor Area. The site statistics provided by the applicant indicate a proposed GFA of 1390 m2 which would require 42 parking spaces for the proposed use. 3. A minimum parking space dimension of 2.7 m X 6.0 m is required. 4. A minimum landscape strip of 3.0 m is required along a lot line abutting a street line.

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A238/14
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Revised August 27, 2014
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A238/14

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

COMMITTEE OF ADJUSTMENT

PLANNING ACT PROVISIONAL (CONSENTS)

N O T I C E O F D E C I S I O N Application Nos: B019/06 & B020/06

C.06.019 and C06.020 Applications for consent have been made by METROLAND PRINTING PUBLISHING AND DISTRIBUTING LTD., One Yonge Street, 6th Floor, Toronto, Ontario, M5E 1P9. Property: Part of Lots 2 and 3, Concession 5 (Municipally known as 1 Century Place,

Woodbridge). The subject lands are zoned PBM7, Parkway Belt Industrial and the retained lands are zoned PBM7, Parkway Belt Industrial and PB1(S), Parkway Belt Linear Facilities and are subject to the provisions of Exception 9(691) under By-Law 1-88 as amended. PURPOSE AND EFFECT The purpose of these applications: to request the consent of the Committee of Adjustment to convey a parcel of land marked "A" on the attached sketches, as a creation of a new lot for employment purposes, together with all required easements and right-of-ways, if required, and retain the land marked “B” on the sketches attached for employment and press center purposes. Both subject lands are currently vacant and there is a Press centre and pump house located on part of the retained lands.

Other Planning act Applications The land which is the subject in this application is also the subject of an application under the Planning act for: Minor Variance File No. A099/06 To be heard in conjunction with these Consent applications. The above noted application was heard by the Committee of Adjustment on: APRIL 6, 2006, in conjunction with Minor Variance application A099/06.

Moved by:

Seconded by:

THAT Application Nos. B019/06 & B020/06- METROLAND PRINTING PUBLISHING AND DISTRIBUTING LTD., be APPROVED, in accordance with the sketch attached and subject to the following conditions: NOTE: All conditions below must be fulfilled and clearance letters must be received by the

Secretary-Treasurer before any cheques can be accepted and Certificate of Official can be issued.

1. Payment to the City of Vaughan of a Tree Fee if required, approved by Council as of the

date of granting the consent. Payment is to be made by certified cheque, to the satisfaction of the Reserves/Capital Department and Parks Department;

2. That the owner shall pay all taxes as levied, if required, to the satisfaction of the

Reserves/Capital Department; (contact Terri Liuni in the Reserves/Capital Department to have this condition cleared).

NOTICE OF DECISION B019/06 AND B020/06 CONT’D

FORM 8 2 of 3

3. The applicant shall provide the City of Vaughan with an appraisal report, if required and

valuation of the subject land (land only) to be prepared by an accredited appraiser, if required. Payment of a Parkland Levy to the City in lieu of deeding of land for park purposes shall be made if a new lot is being created, if required. 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 Application of the herein decision. Said levy shall be approved by the Manager of Real Estate. Payment shall be made by certified cheque only;

4. That the corresponding Minor Variance application File No. A099/06 be approved; 5. That Consent Applications B007/06 and B008/06, are subject to payment of the Regional

development review fee for each application 1260392 Ontario Limited, shall foread a certified cheque in the amount of $1000.00 payable to “The Regional Municipality of York”, to the attention of Vick Bilkhu, Development Approvals Coordinator, if required, to the satisfaction of the York Region Transportation and Works Department;

6. Submission to the Secretary-Treasurer of FOUR (4) white prints of a registered deposited

reference plan of survey, showing the subject land which conforms with the application submitted and which shows the dimensions and areas of each part shown on the plan;

7. Upon fulfilling and complying with all of the above-noted conditions, the Secretary-Treasurer

of the Committee of Adjustment must be provided with a letter and three (3) copies of a legal size (8.5” by 14”) “Schedule Page”, in a format satisfactory to the Secretary-Treasurer, from the Applicant’s solicitor confirming the legal description of the subject lands, sufficient for registration purposes the “Schedule Page” will be an attachment to the Certificate. Upon being satisfied with said legal description and upon all other conditions for the consent having been satisfied, the Secretary-Treasurer shall provide a Certificate of Official to the applicant in accordance with Section 53(42) of the Planning Act, R.S.O. 1990, as amended;

8. A fee of $285.00 made payable to the Treasurer City of Vaughan shall, be submitted to the

Secretary Treasurer for the issuance of the Certificate/stamping of the deeds. It will be necessary to allow up to three (3) working days after all conditions have been fulfilled and documentation filed. Same day service is also available for an additional cost of $145.00, provided all conditions of approval have been fulfilled and all required documents are submitted by 11:30 am that day;

9. Prior to the issuance of a building permit, if required, the applicant shall fulfil and comply with all of the above noted consent conditions;

IMPORTANT: Pursuant to Section 53(20) of the Planning Act, the applicant shall have a period of one year from the date of the Committee of Adjustment giving Notice of the herein Decision to the Applicant to fulfil and comply with all of the (above-noted) conditions of Consent. Failing to comply with this requirement will result in the application to be deemed to be refused.

ALL CONDITIONS MUST BE FULFILLED. Please contact each Agency and/or Department listed above whether "if required" appears in the

condition or not.

NOTICE OF DECISION B019/06 AND B020/06 CONT’D

FORM 8 3 of 3

PLEASE NOTE: 1. That the payment of the Regional Development Charge is payable to the City of Vaughan before

issuance of a building permit in accordance with the Development Charges Act and the Regional Development Charges By-law in effect at the time of payment.

2. That the payment of the City Development Charge is payable to the City of Vaughan before issuance

of a building permit in accordance with the Development Charges Act and the City's Development Charges By-law in effect at the time of payment.

3. That the payment of the Education Development Charge is payable to the City of Vaughan before

issuance of a building permit in accordance with the Development Charges Act and the Boards of Education By-laws in effect at the time of payment

4. That the payment of Special Area Development charge is payable to the City of Vaughan before

issuance of a building permit in accordance with the Development Charges Act and The City's Development Charge By-law in effect at the time of Building permit issuance, if required, to the satisfaction of the Reserves/Capital Department;

CARRIED.

CHAIR: ______________________________ Signed by all members present who concur in this decision:

M. Mauti, Chair,

T. DeCicco Vice Chair,

L. Fluxgold, Member,

D. H. Kang Member,

M. S. Panicali Member,

CERTIFICATION

I hereby certify this to be a true copy of the decision of the Committee of Adjustment, and this decision was concurred in by a majority of the members who heard this application.

Dianne E.L. Grout, A.M.C.T., Secretary-Treasurer Committee of Adjustment City of Vaughan

Additional information regarding the application for consent will be available to the public for inspection between 8:30 a.m. and 4:30 p.m. Monday to Friday at the City of Vaughan Clerk's Department, 2141 Major Mackenzie Drive, Vaughan, Ont., (Telephone (905) 832-2281, Ext. 8360, 8394 or 8332; Fax (905) 832-8535. You will be entitled to receive notice of any changes to the conditions of the provisional consent if you have made a written request to be notified of the decision to give or refuse to give provisional consent or make a written request to be notified of changes to the conditions of the provisional consent.

Only individuals, corporations and public bodies may appeal decisions or any condition in respect of applications for consent to the Ontario Municipal Board. A notice of appeal may not be filed by an unincorporated association or group. However, a notice of appeal may be filed in the name of an individual who is a member of the association or group. Any notice of appeal shall set out the reasons for the appeal. The notice of appeal accompanied by the fee prescribed under the Ontario Municipal Board Act shall be filed with the Secretary-Treasurer of the Committee of Adjustment.

BE ADVISED THAT: A Certificate pursuant to Subsection 53 (21) of The Planning Act cannot be given until all conditions of consent have been fulfilled. Date of this notice was sent: APRIL 14, 2006 The last date for appealing the decision is: MAY 4, 2006 APPEALS MUST BE RECEIVED BY THIS OFFICE NO LATER THAN 4:30 P.M. ON MAY 4, 2006.

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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:

September 4, 2014

TO:

Todd Coles, Committee of Adjustment

FROM:

Grant Uyeyama, Interim Director of Planning, and Director of Development Planning

MEETING DATE:

September 11, 2014

OWNER: John Duca (2225955 Ontario Ltd.) FILE(S): A238/14 Location:

Concession 5, Part of Lot 2 Ward , Vicinity of Highway 407 and Weston Road

Proposal:

The owner is requesting permission to construct a one-storey motor vehicle sales establishment with the following variances:

Variance Proposed Required 1 Permitted use

on subject lands and definition of Car Brokerage

To permit the use of a car brokerage, including mechanical and autobody repairs, on subject lands

The use of a car brokerage does not include mechanical or autobody repairs or sales of automotive parts. Outdoor storage or display of vehicles is not permitted.

2 Minimum number of parking spaces

53 Under site-specific exception 9(1362), the subject site requires 468 parking spaces; the proposed use and GFA would require 42 parking spaces

3 Minimum parking space dimension

2.6 m x 5.7 m 2.7 m x 6.0 m

4 Minimum width of landscape strip abutting Century Place

1.53 m 3.0 m

Official Plan:

The subject lands are designated “Prestige Employment” by the City of Vaughan Official Plan 2010 (VOP 2010), which was approved, in part, by the Ontario Municipal Board on February 3, 2014.

Development Planning Division Comments:

The applicant has submitted a concurrent Site Development Application (DA.13.057) to facilitate the construction of a one-storey car brokerage. This Application is subject to consideration and approval by Council. The Planning Department advises the applicant that it is standard procedure for this Department to request a deferral of a Committee of Adjustment Application until such time that Council has reviewed and approved the related Site Development Application. This is to ensure that an appropriate site-layout is confirmed and approved by Council, and that should additional variances be required to implement the final approved site plan that these variances are considered in the Variance Application. The associated Site Development Application is scheduled to be heard at the September 9, 2014 Council meeting. On this basis, the Planning Department advises that comments on the subject Minor Variance application will follow once the associated Site Development Application is reviewed and considered by Council.

Report prepared by: Gillian McGinnis, Planner 1

Carmela Marrelli, Senior Planner

RECEIVED September 4, 2014 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: Susan Okom, Building Standards Department Date: August 28, 2014 Name of Owner: John Duca (2225955 Ontario Ltd.) Location: Concession 5 Part of Lot 2 Southeast corner of Century Place and Weston Road File No. A238/14 REVISED Zoning Classification: The subject lands are zoned , EM1, Prestige Employment Zone, subject to Exception 9(1362), under By-law 1-88, as amended. Staff Comments:

Proposal: 1. To permit the use of a car brokerage, including mechanical and autobody

repairs, on the subject lands. 2. To permit a minimum of 53 parking spaces on the subject lands. 3. To permit minimum parking space dimensions of 2.6 m X 5.7 m. 4. To permit a minimum landscape strip of 1.53 m abutting Century Place. By-Law Requirements: 1. The use of a car brokerage does NOT include mechanical or autobody

repairs or sales of automotive parts. Outdoor storage or display of vehicles is not permitted.

2. The current site specific Exception 9(1362) under Bylaw 224-2011 proposed an office building with a minimum of 468 parking spaces and minimum parking space dimension of 2.7 m X 5.8 m.

3. A minimum parking space dimension of 2.7 m X 6.0 m is required. 4. A minimum landscape strip of 3.0 m is required along a lot line abutting a

street line.

Stop Work Orders and Orders to Comply:

None Building Permits Issued:

None A building permit is required. Additional variances may be identified upon submission of detailed drawings.

Comments: A car brokerage requires 3.0 parking spaces per 100 m2 of Gross Floor Area. The site statistics provided by the applicant indicate a proposed GFA of 1390 m2 which would require 42 parking spaces for the proposed use. The applicant has confirmed that outdoor storage/display of vehicles is not proposed. The proposal is consistent with the Bylaw 1-88 definition of a motor vehicle sales establishment, a use that is not permitted in an EM1 Zone. This application is currently being reviewed under DA.13.057. Conditions of Approval: None

RECEIVED

August 29, 2014 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: Susan Okom, Building Standards Department Date: August 12, 2014 Name of Owner: John Duca (2225955 Ontario Ltd.) Location: Concession 5 Part of Lot 2 Southeast corner of Century Place and Weston Road File No. A238/14 Zoning Classification: The subject lands are zoned , EM1, Prestige Employment Zone, subject to Exception 9(1362), under By-law 1-88, as amended. Staff Comments:

Proposal: 1. To permit the use of motor vehicle sales establishment on the subject

lands. 2. To permit a minimum of 53 parking spaces on the subject lands. 3. To permit minimum parking space dimensions of 2.6 m X 5.7 m. 4. To permit a minimum landscape strip of 1.53 m abutting Century Place. By-Law Requirements: 1. A motor vehicle sales establishment is not a permitted use. 2. A motor vehicle sales establishment requires 3.0 parking spaces per 100

m2 of Gross Floor Area. The site statistics provided by the applicant indicate a proposed GFA of 1390 m2 which would require 42 parking spaces for the proposed use.

3. A minimum parking space dimension of 2.7 m X 6.0 m is required. 4. A minimum landscape strip of 3.0 m is required along a lot line abutting a

street line.

Stop Work Orders and Orders to Comply:

None Building Permits Issued:

None A building permit is required. Additional variances may be identified upon submission of detailed drawings.

Comments: The current site specific Exception 9(1362) under Bylaw 224-2011 proposed an office building with a minimum of 468 parking spaces and minimum parking space dimension of 2.7 m X 5.8 m. This application does not match the proposal currently being reviewed under DA.13.057. Conditions of Approval: None

RECEIVED

August 12, 2014 VAUGHAN COMMITTEE

OF ADJUSTMENT

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SEE REVISED

DATE: August 29, 2014

TO: Todd Coles, Committee of Adjustment

FROM: Otello Santini, Development/Transportation Engineering MEETING DATE: September 11, 2014 OWNER: JOHN DUCA (2225955 ONTARIO LTD.) FILE(S): A238/14

Location: Part of Lot 2, Concession 5 (being Lot 9, Plan 65R-29508)

municipally known as Century Place. Proposal:

1. To permit the use of a car brokerage, including mechanical and auto-body repairs, on the subject lands.

2. To permit a minimum of 53 parking spaces on the subject lands. 3. To permit minimum parking space dimensions of 2.6 m X 5.7 m. 4. To permit a minimum landscape strip of 1.53 metres abutting

Century Place. By-Law Requirements:

1. The use of a car brokerage does NOT include mechanical or auto-

body repairs or sales of automotive parts. Outdoor storage or display of vehicles is not permitted.

2. A motor vehicle sales establishment requires 3.0 parking spaces per 100 m2 of Gross Floor Area. The site statistics provided by the applicant indicate a proposed GFA of 1390 m2 which would require 42 parking spaces for the proposed use.

3. A minimum parking space dimension of 2.7 m X 6.0 m is required. 4. A minimum landscape strip of 3.0 metres is required along a lot

line abutting a street line.

Comments: The proposed parking space dimension of 2.6 m x 5.7 m is

acceptable due to site-specific conditions. It should also be noted that the parking dimensions are also found to be appropriate based on the preliminary findings of City of Vaughan’s Draft Parking Standards completed by IBI Group.

Accordingly, the Development/Transportation Engineering Department has no further comments or objection with the variances proposed in Minor Variance Application A238/14 subject to the following condition(s):

Condition(s): Minor Variance Application A238/14 shall be subject to the

issuance of final site plan approval with respect to related Development Application file DA.13.057 (John Duca, 2225955 Ontario Ltd.), to the satisfaction of the Development/Transportation Engineering Department.

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RECEIVED
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August 29, 2014