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File: A058/12 Applicant: 1141318 ONTARIO LTD., 1141896 ONTARIO LTD. & SAMRIN ENTERPRISES INC. Address: 7117 BATHURST STREET, THORNHILL Agent: KURK FRANKLIN Weston Consulting Group Inc. Adjournment Status: Item# 33 Ward #5 PREVIOUSLY ADJOURNED FROM THE MAR 29, 2012 MEETING. At the Committee of Adjustment meeting of Thursday, MARCH 29, 2012, the Committee agreed to ADJOURN the above-mentioned application, at the agent's request, to allow time for the agent to address the comments from Engineering and Planning Departments. Comments/Conditions: Commenting Department Building Standards Comment Condition of Approval 0 Development Planning- REVISED 0 Engineering- REVISED i Other- Other- 0 0 0 0 0 0 0 Legend: ../-Positive Comment X - Negative Comment Prepared By: Lenore Providence
Transcript

File: A058/12

Applicant: 1141318 ONTARIO LTD., 1141896 ONTARIO LTD. & SAMRIN ENTERPRISES INC.

Address: 7117 BATHURST STREET, THORNHILL

Agent: KURK FRANKLIN Weston Consulting Group Inc.

Adjournment Status:

Item# 33 Ward #5

PREVIOUSLY ADJOURNED FROM THE MAR 29, 2012 MEETING. At the Committee of Adjustment meeting of Thursday, MARCH 29, 2012, the Committee agreed to ADJOURN the above-mentioned application, at the agent's request, to allow time for the agent to address the comments from Engineering and Planning Departments.

Comments/Conditions:

Commenting Department

Building Standards

Comment Condition of Approval

0 Development Planning- REVISED 0 Engineering- REVISED

i Other-

Other-

0 0 0

0 0 0 0

Legend: ../-Positive Comment

X - Negative Comment

Prepared By: Lenore Providence

EXTRACTS FROM THE MARCH 29, 2012 COMMITTEE OF ADJUSTMENT MINUTES

ADJOURNMENTS AND/OR DEFERRALS

On March 23, 2012 an e-mail was received from Mario Merocchi of Birenbaum, Steinberg, Landau, Savin & Colraine LLP, the agent, requesting that item 23, File Nos. A011/12- Anatoli Monasevich and Eleonora Kotliarski, be further ADJOURNED to the MAY 3, 2012 meeting, to allow time to provide additional information to the Building Standards Development;

On March 28, 2012 an e-mail was received from Frederick Halpern, the agent, requesting that item 25, File No. A055/12- YEHUDA & SHARONA GOLAN, be further ADJOURNED to the APRIL 19, 2012 meeting, to allow time to address the concerns of the Development Planning Department;

On March 27, 2012 an e-mail was received from Kurk Franklin, the agent requesting that item 26, File Nos. A058/12-1141318 ONTARIO LTD., 1141896 ONTARIO L TO. & SAMRIN ENTERPRISES INC .. , be ADJOURNED to the APRIL 19, 2012 meeting, to allow time to address the comments received from the Engineering Department and the Development Planning Department;

On March 29, 2012 an e-mail was received from Antonio Leo Debilio, the applicant, requesting that item 10, File No. A079/12- ANTONIO LEO DEBILIO, be ADJOURNED to the MAY 3, 2012 meeting, to allow time to provide additional information to the Building Standards Development;

On March 28, 2012 an e-mail was received from Matthew Creador, the agent, requesting that item 12, File No. A082/12- RICHARD HAHN, be ADJOURNED to the APRIL 19, 2012 meeting, to allow time to arrange a meeting with the neighbours to address their concerns;

On March 23, 2012 an e-mail was received from Maurizio Rogato, the agent requesting that item 18, File Nos. A088/12- SOLMAR INC., be ADJOURNED to the MAY 3, 2012 meeting, pending Council's consideration of the associated site plan application;

MOVED by A Perrella Seconded by H. Zheng

THAT items 23, File Nos. A011/12- Anatoli Monasevich and Eleonora Kotliarski, be further ADJOURNED to the MAY 3, 2012 meeting.

THAT item 25, File Nos. A055/12- YEHUDA & SHARONA GOLAN, be further ADJOURNED to the APRIL 19, 2012 meeting.

THAT items 26, File Nos. A058/12- 1141318 ONTARIO LTD., 1141896 ONTARIO L TO. & SAMRIN ENTERPRISES INC .. , be further ADJOURNED to the APRIL 19, 2012 meeting.

THAT item 1 0, File No. A079/12- ANTONIO LEO DEBILIO, be ADJOURNED to the MAY 3, 2012 meeting

THAT item 12, File No. A082/12- RICHARD HAHN, be ADJOURNED to the APRIL 19, 2012 meeting.

THAT items 18, File Nos. A088/12- SOLMAR INC., be further ADJOURNED to the MAY 3, 2012 meeting.

CARRIED.

It should be noted that L. Fluxgold, did not vote on item #26, due to a previously disclosed conflict of interest.

Page 1 of 1

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

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

NOTICE OF APPLICATION

April 5, 2012

1141318 Ontario Ltd., 1141896 Ontario Ltd. and Samrin Enterprises Inc. Attention of Eli Swirsky The Madison Center, 4950 Yonge Street, Suite 1103, Toronto, ON M2N 6K1

Dear Eli Swirsky

Re: FILE NUMBER:

APPLICANT:

PROPERTY:

MINOR VARIANCES

A058/12

1141318 ONTARIO LTD., 1141896 ONTARIO LTD. & SAMRIN ENTERPRISES INC ..

Part of Lot 26, Concession 1, (Part of Lot 45, Registered Plan No. 3205, municipally known as 7117 Bathurst Street, Thornhill).

Please be advised that at the Committee of Adjustment meeting of Thursday, March 29, 2012, the Committee agreed to further ADJOURN the above-mentioned application at the agent's request, to allow time for the agent to address the comments received from the Engineering Department and the Development Planning Department.

The new hearing was re-scheduled for APRIL 19, 2012 at 6:00 p.m. in the 2N° 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 APRIL 19, 2012, 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,

wrq_R~~ L nore Providence A sistant to the Secretary-Treasurer to Committee of Adjustment City of Vaughan

cc: Weston Consulting Group Inc. Attn: Kurt Franklin 201 Millway Ave., Unit #19 Vaughan, ON L4K 5K8 (Agent) Otello Santini, Development/Transportation Engineering Daniel Woolfson, Planner, Development Planning Department Laurie Alkenbrack, Zoning Supervisor, Building Standards Department

Since 1981

City of Vaughan 2141 Major Mackenzie Drive West Vaughan, Ontario L6A 1T1

RECEIVED

March 27, 2012

VAUGHAN COMMITIEE OF

ADJUSTMENT

ATIENTION: Mr. Todd Coles, Committee of Adjustment

Dear Sir:

Re: Minor Variance Application A058/12 7117 Bathurst Street Request for Deferral

March 27,2012 File No. 5852

We have received the revised comments from Development Engineering and require additional time to undertake the necessary research to address their concerns. Based on this, we request a deferral of this item until the April 19 Committee of Adjustment. Please let us know if there are any issues or concerns with this request.

Thank you for your assistance.

Yours truly, Weston Consulting Group Inc.

Kurt Franklin BMath MAES Vice President

Cc: Lenore Providence, Committee of Adjustment Daniel Woolfson, Planning Otello Santini, Development Engineering Eli Swirsky, Torgan Group

Vaughan Office 201 Millway Avenue, Unit 19, Vaughan, Ontario, L4K 5K8 Tel. 905-738-8080

Oakville Office: 1660 North Service Road East, Suite 114, Oakville, Ontario, L6H 7G3 Tel. 905-844-8749

1-800-363-3558 Fax. 905-738-6637 www.westonconsulting.com

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

Phone: (905)832-8585 Fax: (905)832-8535 City Clerk's Office

NOTICE OF APPLICATION

FILE NUMBER:

APPLICANT:

PROPERTY:

ZONING:

PURPOSE:

PROPOSAL:

BY-LAW REQUIREMENT:

BACKGROUND INFORMATION:

MINOR VARIANCE

A058/12

1141318 ONTARIO LTD., 1141896 ONTARIO LTD. & SAMRIN ENTERPRISES INC ..

Part of Lot 26, Concession 1, (Part of Lot 45, Registered Plan No. 3205, municipally known as 7117 Bathurst Street, Thornhill).

The subject lands are zoned C1, Restricted Commercial, under By-law 1-88 subject to Exception 9(883) as amended.

To maintain an existing two-storey commercial building.

The total gross floor area of all the Eating Establishment uses shall be restricted to 40% of the gross floor area of the ground floor.

The total gross floor area of all the Eating Establishment uses shall be restricted to 20% of the gross floor area of the ground floor.

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 A 111/04 APPROVED - April 15, 2004 - permit portion of basement to be used for dentist

office and business or professional office. A348/98 APPROVED - November 12, 1998 - basement floor to be used for a cardiology

testing clinic, for a 2 year term only .. (previously used as a karate school) A269/98 REFUSED- September 17, 1998 -basement floor to be used for cardiology testing

clinic (previously used as a karate school) A96/98 APPROVED- April 23, 1998 - basement floor to be used for medical laboratory

and stomach treatment centre/clinic. A 14/97 APPROVED- February 20, 1997 - basement floor to be used for a karate school.

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:

TIME:

LOCATION:

THURSDAY, MARCH 1, 2012

6:00PM

COMMITTEE ROOM 242/243 (2"d 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 Secretary­Treasurer.

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) 832-8504/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) 832-8504 x.8332.

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

DATED THIS 29TH , DAY OF FEBRUARY, 2012. Secretary-Treasurer to Committee of Adjustment

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~~!VAUGHAN COMMITTEE OF ADJUSTMENT File No.: A058/12

Applicants: 1141318 ONTARIO LTD., 1141896 ONTARIO L TO. & SAMRIN

ENTERPRISES INC.

- SUBJECT LANDS: 7117 BATHURST STREET, THORNHILL

On Mar. 9/12, the agent amended the application to concur with the bldg. comments.

WESTON CONSULTING GROUP INC. ---~-ffl 'Land Use Planning Through Experience and Innovation'

Since 1981

City of Vaughan 2141 Major Mackenzie Drive Vaughan, Ontario L6A 1T1

January 30, 2012 File No. 5852

ATTENTION: Mr. Todd Coles, Secretary-Treasurer Committee of Adustment

Dear Sir:

Re: Request for Minor Variance 7117 Bathurst Street City of Vaughan

Weston Consulting Group Inc. is the planner for 1141318 Ontarfo Inc., 1141896 Ontario Inc., and Samrin Enterprises Inc., the owners of 7117 Bathurst Street, a two-storey commercial building. A minor variance application is being submitted to permit additional restaurant development on the ground floor of the existing building.

Site Context

The subject property contains a two-storey commercial building located on the north-east corner ofTownsgate Blvd and Bathurst Street. Surrounding uses include:

• North - Commercial uses

• East- Residential uses

• South - Commercial uses

• West- Institutional uses

Zoning Designations

The property is designated C1 - Restricted Commercial with site-specific exemption 9(883). The site-specific exemption permits Eating Establishment uses Within a 2,600 m2 two-storey commercial building subject to the following restriction:

883)a)ij1)- Eating Establishment uses shall be restricted to the ground floor only. The total gross floor area of all the Eating Establishment uses shall be restricted to 20% of the gross floor area of the ground floor.

The exemption requires 106 parking spaces be provided.

Vaughan Office: 201 Millway Avenue, Unit 19, Vaughan, Ontario, L4K 5K8 Tel. 905-738-8080

Oakville Office: 1660 North Service Road East, Suite 114, Oakville, Ontario, L6H 7G3 Tel. 905-844-8749

On Mar. 9/12, the agent amended the application to concur with the bldg. comments.

Since 1981

WESTON CONSULTING GROUP INC. 'Land Use Planning Through Experience and Innovation'

City of Vaughan 2141 Major Mackenzie Drive Vaughan, Ontario L6A 1T1

January 30, 2012 File No. 5852

ATTENTION: Mr. Todd Coles, Secretary-Treasurer Committee of Adustment

Dear Sir:

Re: Request for Minor Variance 7117 Bathurst Street City of Vaughan

Weston Consulting Group Inc. is the planner for 1141318 Ontarfo Inc., 1141896 Ontario Inc., and Samrin Enterprises Inc., the owners of 7117 Bathurst Street, a two-storey commercial building. A minor variance application is being submitted to permit additional restaurant development on the ground floor of the existing building.

Site Context

The subject property contains a two-storey commercial building located on the north-east corner ofTownsgate Blvd and Bathurst Street. Surrounding uses include:

• North - Commercial uses

• East- Residential uses

• South - Commercial uses

• West- Institutional uses

Zoning Designations

The property is designated C1 -Restricted Commercial with sife-specific exemption 9(883). The site-specific exemption permits Eating Establishment uses within a 2,600 m2 two-storey commercial building subject to the following restriction:

883)a)i)1)- Eating Establishment uses shall be restricted to the ground floor only. The total gross floor area of all the Eating Establishment uses shall be restricted to 20% of the gross floor area of the ground flo0r.

The exemption requires 106 parking spaces be provided.

Vaughan Office: 201 Millway Avenue, Unit 19, Vaughan, Ontario, L4K 5K8 Tel. 905-738-8080

Oakville Office: 1660 North Service Road East, Suite 114, Oakville, Ontario, L6H 7G3 Tel. 905-844-8749

><

On Mar. 9/12, the agent amended the application to concur with the bldg. comments.

Val@tan COMMITTEE OF ADJUSTMENT

(VARIANCES)

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

The- Cfh_j ~ove Toronto

FORM 1 PLANNING ACT, R.S.O. 1990, C.P. 13

SECTION 45 (1) or (2) APPLICATION FOR MINOR VARIANCE OR PERMISSION

Pursuant to Subsection 45 of the Planning Act, and Ontario Regulation 200/96, the applicant shall provide the Committee of Adjustment with such information or material as the Committee of Adjustment may require. The Committee of Adjustment may refuse to accept or further consider the application until the prescribed information, material and the required fee are received.

Personal information on this form is collected under the legal authority of the Planning Act, R.S.O. 1990, C.P.13 as amended. This information will be used to process an application for a minor variance or permission for the Committee of Adjustment.

Information on this application and any documentation submitted in support of or in opposition, becomes the property of the City of Vaughan. This information is collected and maintained for the purpose of creating a record that is available to the general public pursuant to Section 27 of the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, C.M. 56, as amended. Questions about this collection should be directed to the Secretary-Treasurer, City of Vaughan Committee of Adjustment, at the above noted address.

Note: Except for required signature(s), answers must be typed or neatly printed In dark ink, suitable for reproduction. All sections must be completed, or marked "nla" (not applicable}, as the case may be.

This application is being made under the following section of the Planning Act, R.S.O. 1990, Chapter P. 13:

!£I section 45(1)- Relates to a change to a by-law standard (e.g. setbacks, frontage, height, etc.)

0 Section 45(2) - Relates to a change to, or expansion of, an existing legal non-conforming use.

1.0 OWNER/APPLICANT INFORMATION

1141318 Ontario Ltd., 1141896 Ontario Ltd., Samrin Enterprises Inc. 1.1 Name of Owner: ........................................................................................................................................................................................................................................................ .

(THIS MUST BE THE NAME(S) REGISTERED ON TITLE)

(416) 221-9348 ext. 304 (416) 471-3410 Telephone Number:..................................................................................................................... Fax: ........................................................................................................ .

The Madison Centre 4950 Yonge St., Ste. 1103 Address: ................................................................................................................................................................................................................................................................................ .

Toronto, Ontario M2N 6K1 Town/City, Province: ................................................................................................................. Postal Code: ................................................................................ .

[email protected] E-mail: .................................................................................................................................................................................................................................................................................... .

2.0 AGENT/SOLICITOR/CONSULTANT

Kurt Franklin, Weston Consulting Group Inc. 2.1 Name of Agent: ........................................................................................................................................................................................................................................................ .

905-738-8080 ext. 224 905-738-6637 Telephone Number:..................................................................................................................... Fax: ........................................................................................................ .

19-201 Millway Ave Address: ................................................................................................................................................................................................................................................................................ .

Vaughan, ON L4K 5K8 Town/City, Province: ................................................................................................................. Postal Code: ................................................................................ .

[email protected] E-mail: ......................................................................................................................................................... :: ........................................................................................................................ ..

V-1 OF 11 Revised Januray, 2010

~

On Mar. 9/12, the agent amended the application to concur with the bldg. comments.

COMMITTEE OF ADJUSTMENT

(VARIANCES)

FORM 1 PLANNING ACT, R.S.O. 1990, C.P.13

SECTION 45 (1) or (2)

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

APPLICATION FOR MINOR VARIANCE OR PERMISSION

Pursuant to Subsection 45 of the Planning Act, and Ontario Regulation 200/96, the applicant shall provide the Committee of Adjustment with such information or material as the Committee of Adjustment may require. The Committee of Adjustment may refuse to accept or further consider the application until the prescribed information, material and the required fee are received.

Personal information on this form is collected under the legal authority of the Planning Act, R.S.O. 1990, C.P.13 as amended. This information will be used to process an application for a minor variance or permission for the Committee of Adjustment.

Information on this application and any documentation submitted in support of or in opposition, becomes the property of the City of Vaughan. This information is collected and maintained for the purpose of creating a record that is available to the general public pursuant to Section 27 ofthe Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, C.M. 56, as amended. Questions about this collection should be directed to the Secretary-Treasurer, City of Vaughan Committee of Adjustment, at the above noted address.

Note: Except for required signature(s}, answers must be typed or neatly printed In dark i.!J.!s., suitable for reproduction. All sections must be completed, or marked "nla" (not applicable), as the case may be.

This application is being made under the following section of the Planning Act, R.S.O. 1990, Chapter P. 13:

Ill section 45(1)- Relates to a change to a by-law standard (e.g. setbacks, frontage, height, etc.)

D Section 45(2) - Relates to a change to, or expansion of, an existing legal non-conforming use.

1.0 OWNER/APPLICANT INFORMATION

1141318 Ontario Ltd., 1141896 Ontario Ltd., Samrin Enterprises Inc. 1.1 Name of Owner: ....................................................................................................................................................................................................................................................... ..

(THIS MUST BE THE NAME(S) REGISTERED ON TITLE)

(416) 221-9348 ext. 304 (416) 471-3410 Telephone Number: ..................................................................................................................... Fax: ....................................................................................................... ..

The Madison Centre 4950 Yonge St., Ste. 1103 Address: ............................................................................................................................................................................................................................................................................... ..

Toronto, Ontario M2N 6K1 Town/City, Province: ................................................................................................................. Postal Code: ............................................................................... ..

[email protected] E-mail: .................................................................................................................................................................................................................................................................................... .

2.0 AGENT/SOLICITOR/CONSULTANT

Kurt Franklin, Weston Consulting Group Inc. 2.1 Name of Agent: ........................................................................................................................................................................................................................................................ .

905-738-8080 ext. 224 905-738-6637 Telephone Number: ..................................................................................................................... Fax: ....................................................................................................... ..

19-201 Millway Ave Address: ................................................................................................................................................................................................................................................................................ .

Vaughan, ON L4K 5K8 Town/City, Province: ................................................................................................................. Postal Code: ............................................................................... ..

[email protected] E-mail: .................................................................................................................................................................................................................................................................................... .

V-10F11 Revised Januray, 2010

On 'Mar. 9/12, the agent amended the application to concur with the bldg. comments.

NOTE: Unless otherwise requested, all communications will be sent to the agent.

3.0 MORTGAGEES, HOLDERS OF CHARGES OR OTHER ENCUMBRANCES

3.1 Name: ................................................................................................................................................................................................................................................................................ .

Address:

Town/City, Province:................................................................................................................. Postal Code.: .......................................................................... ..

4.0 PURPOSE OF THE APPLICATION

4.1 What is the purpose of the application? Please select the appropriate type:

a take-out restaurant in the existing building 1ZJ To permit the construction of ............................................................................................................................................................................................................... ..

D To permit the maintenance of ......................................................................................................................................................... , ....................................................... .

0 To permit the continued construction of... ................................................................................................................................................................................ ..

D To facilitate the severance of the total lands. This variance pertains to the:

D SUBJECT lands.

0 RETAINED l::mrls

5.0 BY-LAW REQUIREMENTS/PROPOSED CHANGES

5.1 What are the By-law requirements: .. ~:~~-~-~.~~.~! ... ~.~.:~ ... ~~: ... ~~.~.~~.:~ ... ~?. .. ~.?..~~ ... ?.~ ... ~~.: ... ~.~?..~.~~ .......... floor GFA by Zoning exception 883

40% Limit restaurant uses to 69% of the ground

5.2 Proposed changes to the By-law requirements: ........................................................................................................................................................... ..

floor GFA

There is sufficient parking 5.3 Why is it not possible to comply with the provisions of the By-law?: ............................................................................................... ..

to support expanded restaurant uses.

6.0 DESCRIPTION OF SUBJECT LANDS

6.1 Legal description of the subject lands:

7117 Bathurst Street, Thornhill Municipal Address: ......................................................................................................................................................... Block Map #: 1 Lot(s)/Biock(s) #: ...... Rlf..t...~.f ... u.rt ... 1.? ............. Registered Plan#: .................... ~:~.: .... ~.~~.~ ... :~?..~ ................. .. Part of Lot(s): ........................ ::.~.~ .. ~ .... : .. :~ .. ~ ..... ~.k..... Concession: ................................... ./ ..................................................................... .

Parts 1&2 of Plan 65R-18190 Other legal description, if applicable: ....................................................................................................................................................................................... ..

V-2 OF 11 Revised Januray, 2010

On 'Mar. 9/12, the agent amended the application to concur with the bldg. comments.

NOTE: Unless otherwise requested, all communications will be sent to the agent.

3.0 MORTGAGEES, HOLDERS OF CHARGES OR OTHER ENCUMBRANCES

3.1 Name: ................................................................................................................................................................................................................................................................................ .

Address:

Town/City, Province:................................................................................................................. Postal Code: ........................................................................... .

4.0 PURPOSE OF THE APPLICATION

4.1 What is the purpose of the application? Please select the appropriate type:

a take-out restaurant in the existing building IZl To permit the construction of ............................................................................................................................................................................................................... ..

D To permit the maintenance of ............................................................................................................................................................................................................... ..

D To permit the continued construction of... ................................................................................................................................................................................ ..

D To facilitate the severance of the total lands. This variance pertains to the:

D SUBJECT lands.

D RETAINED lands.

5.0 BY-LAW REQUIREMENTS/PROPOSED CHANGES

5.1 What are the By-law requirements: .. ~.=~~.~-~.~~.~-~ ... ~.:.:~ ... ~.~-= .. ~~.~-~~.~-~ ... ~?. .. ~.~-~ ... ?.! ... ~~: ... ~.~?..~.~~ ........ .. floor GFA by Zoning exception 883

40% Limit restaurant uses to -69% of the ground

5.2 Proposed changes to the By-law requirements: ............................................................................................................................................................ .

floor GFA

There is sufficient parking 5.3 Why is it not possible to comply with the provisions of the By-law?: ................................................................................................ .

to support expanded restaurant uses.

6.0 DESCRIPTION OF SUBJECT LANDS

6.1 Legal description of the subject lands:

7117 Bathurst Street, Thornhill .1 Municipal Address: ......................................................................................................................................................... Block Map #: ................................ .

Lot(s)/Biock(s) #: ...... !llf..t...~.£ .. ~ ... ~ ............. Registered Plan#: ................... ~.~~.: .... ~.~-~-~ ... ~=~.: ................ ... Part of Lot(s): ........................ ::..~.~ ... :.: ... ~ .. -~ ..... ~k.... Concession: .................................... /. .................................................................... ..

Parts 1&2 of Plan 65R-18190 Other legal description, if applicable: ...................................................................................................................................................................................... ..

V-2 OF 11 Revised Januray, 2010

March 5, 2012

Mr. Kurt Franklin 201 Millway A venue, Unit 19, Vaughan, ON L4K5K8

Dear Mr. Franklin:

LEA Consulting Ltd. Consulting Engineers & Planners

Suite 900, 625 Cochrane Drive, Markham, ON, L3R 9R9 CANADA Tel: 905-470-0015 Fax: 905-470-0030 www.LEA.ca

~ Our Ref.: 9041.200

MA.H - 7 20\2

Re: 7117 Bathurst Street Parking Study

LEA Consulting Ltd. has been retained by Torgan Group to prepare a parking study for the existing commercial plaza located at 7117 Bathurst Street in the City of Vaughan. Under the current zoning bylaw the subject site is allowed to provide up to 20% of its total GF A for restaurant use. The current owners are seeking a minor variance to this by-law to allow for a pizza outlet of 93.5 square meter in one of its units. The purpose of this study is to examine the parking needs of the current use and determine the parking impacts of the proposed pizza outlet. It was determined that there is limited parking availability during the weekday peak period on site, as such it is proposed that 15 off-site parking spaces be provided at the adjacent 7131 Parking lot to meet peak parking demands at 7117 Bathurst Street for the existing and proposed uses.

Existing Use

The existing commercial plaza at the north east comer of Towns gate Drive and Bathurst Street currently provides 104 parking spaces, as illustrated in Figure 1. The plaza is comprised of medical offices, personal services shops, professional offices, and restaurants. Table 1 summarizes the existing uses on site.

Table 1 Existing Land Use

LEAdership in engineering & planning solutions

2012-01-10-Parking-Letter.doc- 3/6/2012

March 5,2012 Mr. Kurt Franklin Our Ref.: 9041.200 Page2

Figure 1: Site Location

Parking surveys were conducted on a Wednesday, Friday and Saturday to detennine the current weekday and weekend parking demands at the subject site, as summarized in Table 2. Based on the results from the weekday parking demand, the subject site currently does not have sufficient parking to meet the existing land uses during the peak periods. During the Friday parking survey limited parking availability occurred between 10:40 a.m. to 2:00p.m. and between 11:00 a.m. to 11:20 a.m. on the Wednesday parking survey. It was observed that during these peak periods, visitors parked on-street along Crestwood Road and along the drive aisle within the site. During Saturday survey, it was observed that 19 spaces remain during the peak period between 11 :00 a.m. to 11 :20 a.m. providing a sufficient parking supply for the existing uses.

Table 2: 7117 Bathurst Street Parking Survey Summary

Due to limited parking opportunities during the weekday peak periods at the subject site, off-site parking has been suggested to be accommodated at 7131 Bathurst Street, also owned by the Torgan Group. This site lies directly north of the subject site, as illustrated in Figure 1. A parking survey was conducted on February 22nd, 2012 to detennine the existing parking demand at this property, as summarized in Table 3. The results from this survey indicate that during the peak period between 10:40 a.m. - 11 :00 a.m. there were 29 spaces available. Taking into consideration the additional weekday existing parking demand at the subject site of 6 vehicles during the weekday peak period, there is an additional23 parking spaces available for the proposed use.

March 5,2012 Mr. Kurt Franklin Our Ref.: 9041.200 Page3

Table 3: 7131 Bathurst Street Parking Survey Summary

Proposed Use

The proposed pizza outlet will acquire a vacant unit on the ground floor with a GF A of 93.5 square meter. Based on the current City of Vaughan Parking Bylaw 1-88 the proposed pizza outlet will require 9 parking spaces, while the City of Vaughan's draft bylaw1 will require 7 parking spaces as summarized in Table 4. Given that the City of Vaughan Council is in the process of adopting the draft bylaw, the total required parking spaces required for the proposed pizza outlet will be 7 parking spaces. These 7 parking spaces can be accommodated by the additional23 spaces available at 7131 Bathurst Street.

Proposed Pizza Outlet Eating Establishment,

Take-out

Table 4 Proposed Parking Bylaw Requirements

Transportation Demand Management

Given the existing parking demands onsite, during the weekday peak period an additional 6 spaces will be required. Furthermore, based on the additional 7 parking space required for the proposed pizza outlet, a total number of 13 spaces will be needed at 7137 Bathurst Street to meet the proposed parking demands. As part of this transportation demand management measure, it is preliminary agreed that a portion of the southerly parking spaces will be reserved for tenants and visitors to 711 7 Bathurst Street. The exact number of parking spaces will be determined through a needs assessment upon opening of the proposed pizza outlet, however 15 spaces will be temporarily reserved for opening day, as illustrated in Figure 2.

Conclusion

Based on the survey results of the existing land uses at 7117 Bathurst Street, there is insufficient parking supply to accommodate the parking demands during the weekday peak periods. As such, additional spaces were sought in the adjacent parking lot at 7131 Bathurst Street. Based on the weekday survey results at 7131 Bathurst Street, it was determined that there was an excess supply of 29 parking spaces during the weekday peak period. Taking into consideration the existing additional parking demands at 7117 Bathurst Street, there are sufficient parking spaces to accommodate the 7 parking spaces required for the proposed pizza outlet under the draft bylaw.

It is proposed that 15 parking spaces located at the southern tip of 7131 Bathurst Street will be reserved for tenant and visitor parking at the subject site to accommodate the existing and proposed uses at this site.

1 Review ofParking Standards Contained within the City ofVaughan's Comprehensive Zoning By-law, IBI Group, March 2010.

March 5,2012 Mr. Kurt Franklin Our Ref.: 9041.200 Page4

Figure 2: Off-site parldng area

If you have any questions or concerns, please feel free to call me at 905-470-0015 extension 292.

Yours very truly

LEA Consulting Ltd.

~L-Kenneth Chan, P. Eng., PTOE Transportation Engineer

:ms/kc

cc:

Incl.: Appendix A: Parldng Survey Summaries

7117 Bathurst St, Vaughan PARKING DEMAND SURVEY

Size SQ. Feet: Max. Supply Ratio: Max. Parking Supply: Max. Demand Ratio: Max. Parking Demand:

Survey Date(s):

Time # of Occupied

%Occupancy Beginning Spaces

Wednesday Wednesday 10:00 90 84.9% 10:20 96 90.6% 10:40 103 97.2% 11:00 104 98.1% 11:20 103 97.2% 11:40 101 95.3% 12:00 101 95.3% 12:20 96 90.6% 12:40 102 96.2% 13:00 99 93.4% 13:20 101 95.3% 13:40 98 92.5% 14:00 93 87.7% 14:20 86 81.1% 14:40 91 85.8% 15:00 95 89.6% 15:20 102 96.2% 15:40 95 89.6% 16:00 99 93.4% 16:20 94 88.7% 16:40 86 81.1% 17:00 74 69.8% 17:20 62 58.5% 17:40 47 44.3% 18:00 35 33.0% 18:20 37 34.9% 18:40 26 24.5%

(Illegally Parked Vehicles Included) 7117 Bathurst St, Vaughan

Sq. Feet 35,922 2.95 106 3.06 110

Friday, Feb. 3, 2012, Wednesday Feb. 22nd, 2012 and Saturday Jan. 28, 2012

#of # of Occupied

Occupied # of Occupied % Spaces per

Spaces per Spaces Occupancy 1000 Sq. Ft.

1000 Sq. Ft.

Wednesday Friday_ Friday Friday 2.51 97 91.5% 2.70 2.67 105 99.1% 2.92 2.87 110 103.8% 3.06 2.90 107 100.9% 2.98 2.87 108 101.9% 3.01 2.81 106 100.0% 2.95 2.81 104 98.1% 2.90 2.67 107 100.9% 2.98 2.84 106 100.0% 2.95 2.76 106 100.0% 2.95 2.81 108 101.9% 3.01 2.73 108 101.9% 3.01 2.59 97 91.5% 2.70 2.39 90 84.9% 2.51 2.53 99 93.4% 2.76 2.64 93 87.7% 2.59 2.84 82 77.4% 2.28 2.64 83 78.3% 2.31 2.76 81 76.4% 2.25 2.62 79 74.5% 2.20 2.39 78 73.6% 2.17 2.06 76 71.7% 2.12 1.73 65 61.3% 1.81 1.31 57 53.8% 1.59 0.97 54 50.9% 1.50 1.03 44 41.5% 1.22 0.72 42 39.6% 1.17

Note: PeaK uemana Intervals are snown 1n bold tont

7117 Bathurst Street Parking Utilization Survey

#of Occupied Spaces

Saturday ---

85 81 83 73 75 76 79 73 67 64 58 52 59 54 42 41 40 36 29 25 23 23 22 25

Friday, Feb. 3, 2012, Wednesday Feb. 22nd, 2012 and Saturday Jan. 28, 2012

Max. Occupancy 104%

#Of

% Occupied

Occupanc Spaces

y per

1000 Sq. Ft.

Saturday Saturday

---

80% 2.37 76% 2.25 78% 2.31 69% 2.03 71% 2.09 72% 2.12 75% 2.20 69% 2.03 63% 1.87 60% 1.78 55% 1.61 49% 1.45 56% 1.64 51% 1.50 40% 1.17 39% 1.14 38% 1.11 34% 1.00 27% 0.81 24% 0.70 22% 0.64 22% 0.64 21% 0.61 24% 0.70

10:00 10:20 10:40 11:00 11:20 11:40 12:00 12:20 12:40 13:00 13:20 13:40 14:00 14:20 14:40 15:00 15:20 15:40 16:00 16:20 16:40 17:00 17:20 17:40 18:00 18:20 18:40

I-+-Wednesday.-- Friday _._Saturday I

F :\9041 \Traffic\survey-22nd-february-2012\[22nd-feb-summarized-Parking-Utilization-7117 Bathurst.xls]Sq Feet

F:\8714\Traffic\22nd-feb-summarized-Parking-Utilization-7117 Bathurst.xls\Sq Feet 6:48PM 05/03/2012

Size SQ. Feet: Max. Supply Ratio: Max. Parking Supply: Max. Demand Ratio: Max. Parking Demand: Survey Date(s):

Note:

7131 Bathurst St, Vaughan, PARKING DEMAND SURVEY (Illegally Parked Vehicles Included)

7131 Bathurst St. Vaus:~han Sq. Feet

26859 5.32 143 4.4 117

Wednesday February 22nd, 2012

# of Occupied # of Occupied

Time Beginning Spaces %Occupancy Spaces per

1000 Sq. Ft.

Wednesday Wednesday Wednesday 10:00 90 62.9% 3.35 10:20 97 67.8% 3.61 10:40 114 79.7% 4.24 11:00 112 78.3% 4.17 11:20 117 81.8% 4.36 11:40 94 65.7% 3.50 12:00 104 72.7% 3.87 12:20 105 73.4% 3.91 12:40 92 64.3% 3.43 13:00 106 74.1% 3.95 13:20 105 73.4% 3.91 13:40 99 69.2% 3.69 14:00 106 74.1% 3.95 14:20 98 68.5% 3.65 14:40 102 71.3% 3.80 15:00 90 62.9% 3.35 15:20 103 72.0% 3.83 15:40 88 61.5% 3.28 16:00 87 60.8% 3.24 16:20 83 58.0% 3.09 16:40 70 49.0% 2.61 17:00 75 52.4% 2.79 17:20 55 38.5% 2.05 17:40 45 31.5% 1.68 18:00 46 32.2% 1.71 18:20 44 30.8% 1.64 18:40 37 25.9% 1.38

Peak Demand Intervals are shown 1n bold font

7131 Bathurst Street Parking Utilization Survey Wednesday Feb. 22nd, 2012

~ Max. Occupancy 81.8%

10:0010:2010:4011:0011:2011:4012:0012:2012:4013:0013:2013:4014:0014:2014:4015:0015:2015:4016:0016:2016:4017:0017:2017:4018:0018:2018:40

1--Wednesday I

F :'S714\ T raffic\22nd-february-Parking-Utilization-7131-Bathurst.xls\demand 7:11 PM 05/03/2012

Tfie. Cffy ~Toronto

NOTICE

(VARIANCES)

2141 Major Mackenzie Drive

Vaughan, Ontario

Canada, L6A 1T1

Tel [905]832-2281

OF DECISION FILE NO: A111/04

IN THE MATTER OF Subsection 45 of the Planning Act.

IN THE MATTER OF an application by 1141318 & 1141896 ONTARIO LTD., I SAMRIN ENTERPRISES INC., with respect to Part of Lot 26, Concession 1, (Part Lot 45, Plan No. M-3205, municipally known as 7117 Bathurst Street, Thornhill.)

The subject lands are zoned C1, Restricted Commercial and subject to the provisions of Exception Number 9(883) under by-Law 1-88 as amended.

The applicants are requesting a variance to permit the use of a portion of the basement (93m2) of an existing two storey commercial building to be used for a dentist office, and to permit the use of a portion of the basement (85m2) of an existing two storey commercial building to be used for a business or professional office, rather than the By-law requires the basement to be used for utility and storage space only. A sketch is attached illustrating the request.

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:

Permission Application No. A14/97

Permission Application No. A96/98

Permission Application No. A269/98

Permission Application No. A348/98

Moved by:

Seconded by:

APPROVED - February 20, 1997- basement floor to be used for a karate school.

APPROVED- April 23, 1998 -basement floor to be used for medical laboratory and stomach treatment centre/clinic.

REFUSED- September 17, 1998 -basement floor to be used for cardiology testing clinic (previously used as a karate school)

APPROVED- November 12, 1998- basement floor to be used for a cardiology testing clinic,for a 2 year term only .. (previously used as a karate school)

THAT 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.

AND THAT Application No: A111/04- 1141318 & 1141896 ONTARIO LTD., I SAMRIN ENTERPRISES INC., be: APPROVED, in accordance with the sketches attached.

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

Date: APRIL 15,2004 FORM 12

CHAIR: ______________________ __

1 OF 2

COMMITTEE OF ADJUSTMENT VARIANCE A111/04

Signed by all members present who concur in this decision:

M. Mauti, Chair,

D. H. Kang, Member,

T. DeCicco Vice Chair,

M. S. Panicali, Member

CERTIFICATION

L. Fluxgold, Member,

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.

DATE OF HEARING:

LAST DATE OF APPEAL:

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

APRIL 15, 2004

MAY 5, 2004

APPEALS MUST BE RECEIVED BY THIS OFFICE NO LATER THAN 4:30P.M . ON MAY 5, 2004.

NOTE: The Planning Act provides for appeals to be filed by "persons". As groups or associations, such as residents or ratepayers groups which do not have incorporated status, may not be considered "persons" for the purposes of the Act, groups wishing to appeal this decision should do so in the name of individual group members, and not in the name of the group.

''''N' 0'· T,'··E·, c •• •• :. ,•' IF ANYCQNDII10NSARE,IMPO$EOQN THIS:. APPLICATION'/

,THEFINALDATEFQR F'lJLFILLING THEIVI.IS:. . I

'* * * IVIA¥5, 2005 * *,*.'

2 OF 2 FORM12

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

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

REQUEST FOR DECISION

File No. A058/12 RECEIVEQt 2012

PLEASE PRINT: VAUGHAN COMMITTEE OF AD,JUSTM NT

NAME:

ADDRESS:

ity to address the C Hearing, if desired.

Notification of a hearing and decisi should the decision of the Comm

completed, th ittee of Adj

to receive a will entitle you

should also be attached to any correspondence filed with the Committee of Adjustment regarding the application.

Addressing the Committee of Adjustment:

When addressing the Committee of Adjustment during the hearing, please state your name and address at the beginning of your presentation. Presentations to the Committee are generally limited to 5 minutes in length.

Petitions:

If you wish to submit a petition regarding an application, please make reference to the File Number and name of the Applicant on your petition.

ALL NAMES MUST BE PRINTED CLEARLY ALONG WITH THEIR SIGNATURES AND ADDRESSES IN FULL, INCLUDING POSTAL CODE.

If you wish the petitioner(s) to receive a copy of the decision, you must attach this form with "a decision is requested for each petitioner on the attached petition" written across the space provided for the mailing address. This will also entitle the petitioner(s) to notification of any additional hearings pertaining to the application, if applicable.

Failure to do so will result in illegible names and incomplete addresses not receiving the notices.

FORM 12(d)

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

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

REQUEST FOR DECISION

File No. A058/12

PLEASE PRINT:

NAME: . . '• ' ~ -'··""

ADDRESS:

-~ ........................... ,,. .... , ___ ___, R :f~! tt'·:.\ t:'"'"' I v c..~. ~ il ~~~·· ·~ l:k'lllt.

i MAR 2 1 2012

I V·. AU. GHAN COMMITTEE OF ADJ TMENT

to receive a will entitle you

to address the Hearing, if desired.

Notification of a hearing and decisi should the decision of the Comm

completed, thi mittee of Adju , on or b the hearing

should also be attached to any correspondence filed with the Committee of Adjustment regarding the application.

Addressing the Committee of Adjustment:

When addressing the Committee of Adjustment during the hearing, please state your name and address at the beginning of your presentation. Presentations to the Committee are generally limited to 5 minutes in length.

Petitions:

If you wish to submit a petition regarding an application, please make reference to the File Number and name of the Applicant on your petition.

ALL NAMES MUST BE PRINTED CLEARLY ALONG WITH THEIR SIGNATURES AND ADDRESSES IN FULL, INCLUDING POSTAL CODE.

If you wish the petitioner(s) to receive a copy of the decision, you must attach this form with "a decision is requested for each petitioner on the attached petition" written across the space provided for the mailing address. This will also entitle the petitioner(s) to notification of any additional hearings pertaining to the application, if applicable.

Failure to do so will result in illegible names and incomplete addresses not receiving the notices.

FORM 12(d)

... RECEIVED ~~'-VAUGHAN March 21,2012 Page 1 of2

DATE:

TO:

FROM:

MEETING DATE:

OWNER:

FILE(S):

Location:

Proposal:

Official Plan:

Comments:

VAUGHAN COMMITTEE

OF ADJUSTMENT

March 26, 2012

Todd Coles, Committee of Adjustment

Daniel Woolfson, Development Planning Department

March 29, 2012

1141318 Ontario Ltd., 1141896 Ontario Ltd., Samrin Enterprises Inc. A058/12

7117 Bathurst Street, Thornhill

The Owner is requesting permission to increase the area devoted to Eating Establishment uses on the ground floor, resulting in a total gross floor area devoted to Eating Establishment uses of 40%, whereas site specific Exception 9(883) of By-law 1-88 requires 20%.

The subject lands are designated "General Commercial" by OPA #21 0 (Thornhill Community Plan), as amended by OPA #444. The subject lands are also designated "Mid Rise Mixed Use" by the City of Vaughan Official Plan 2010, which is subject to approval by the Ontario Municipal Board. The proposal conforms to the policies of the Official Plan.

The Owner is proposing a fourth Eating Establishment (Unit #1 08). The Agent advised that there are 4 existing Eating Establishments (Units #102, #106, #109, and #110). However, upon further review by the Building Standards Department and the Development Planning Department, Unit #1 09 was issued a Building Permit as a retail store and, therefore, is not an Eating Establishment. The existing Eating Establishment uses on the subject lands are as follows:

Unit# Existing Use GFA Permit Issued

102 Eating 179.3m2 Yes Establishment, Take Out

106 Eating 130m2 Yes Establishment

108 Eating 93.5m~ No Establishment, (Proposed) Take Out

110 Eating 139.35m~ Yes Establishment

Site specific Exception 9(883) states that Eating Establishment uses shall be restricted to 20% of the gross floor area on the ground floor only. The Building Standards Department has advised that the total GFA of the ground floor is 1412m2.

The GFA devoted to the existing Eating Establishments, noted above, is 448.65m2. The proposal for another Eating Establishment increases the total GFA to 542.15m2 or, 38.4% of the total GFA of the ground floor.

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

E ::s -c c l! 0 E CD E

~!VAUGHAN Page 2of2

Recommendation:

Condition(s):

The Building Standards Department has advised that additional parking spaces are not required for the proposed increase to the area devoted to Eating Establishments. Exception 9(883) of Zoning By-law 1-88 requires a minimum of 106 parking spaces on the subject lands. The Owner has advised that there are 106 spaces on site. Therefore, the additional GFA for Eating Establishment uses requested in Minor Variance Application A058/12 does not require additional parking spaces.

However, in consideration of this application, Development Planning staff conducted a site visit with photo documentation on February 14, 2012. The following site conditions were noted:

• The subject lands are currently occupied by a two storey multi-unit commercial building with various medical, retail, office and eating establishment uses

• The parking supply on site is insufficient to accommodate the existing site conditions

The insufficient parking supply is noted in a parking study prepared by LEA Consulting Ltd. and submitted by the Agent in support of Minor Variance Application A058/12. Specifically, as noted by LEA Consulting Ltd., 7117 Bathurst Street does not have sufficient parking on site to meet the existing land uses during peak periods. It was also noted that visitors parked on-street along Crestwood Road and along the drive aisle within the site.

To accommodate the deficiency in parking, the Owner is proposing that 15 additional parking spaces be accommodated at the adjacent site to the north (7131 Bathurst Street) for tenant and visitor parking. The Development Planning Department would not support this alternative.

The Development/Transportation Engineering Department has also expressed concern with the proposal to accommodate parking at the adjacent site to the north. They oppose the concept of off-site parking.

In summary, the Building Standards Department has advised that a parking variance is not required; however, in its review of this application, the Development Planning Department cannot ignore the existing site conditions and is of the opinion that the proposal is not desirable for the appropriate development of the subject lands, nor is the request for a 100% increase of ground floor GFA devoted to Eating Establishment uses considered to be minor in nature. Adding additional GFA devoted to Eating Establishment uses would further exacerbate the problem of an insufficient parking supply on the subject lands.

The Development Planning Department does not support Minor Variance Application A058/12.

None.

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

E :::J -c c ca I. 0 E Cl)

E

Tlie City~ Toronto

To:

RECEIVED March 13, 2012

VAUGHAN COMMITTEE

OF ADJUSTMENT

Committee of Adjustment

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

From: Date:

Marie Kennedy, Building Standards Department March 13, 2012

Name of Owner:

Location:

1141318 Ontario Ltd., 1141896 Ontario Ltd., Samrin Enterprises Inc. 7117 Bathurst Street RP3205, Part Lot 45 File No. A058/12 (REVISED APPLICATION)

Zoning Classification:

The subject lands are zoned Cl, Restricted Commercial, under By-law 1-88 subject to Exception 9(883) as amended.

Staff Comments:

By-Law Requirements:

The total gross floor area of all the Eating Establishment uses shall be restricted to 20% of the gross floor area of the ground floor.

Proposal:

The total gross floor area of all the Eating Establishment uses shall be restricted to 40% of the gross floor area of the ground floor.

Stop Work Orders and Orders to Comply:

None

Building Permits Issued:

A building permit application has been submitted but not issued for Unit 108 for an eating establishment use (12-0053). Once this permit is issued the total gross floor area being used for Eating Establishments, based on a ground floor area of I 412m2, would equal 38.40%.

Comments for Applicant and Committee of Adjustment Staff:

None

Conditions of Approval:

None .

Please note these comments are based on a review of the documentation supplied with this application. Other non-conformities may be identified at a later date.

Tlie City~ Toronto

To:

RECEIVED February 9, 2012 VAUGHAN COMMITTEE

OF ADJUSTMENT

Committee of Adjustment

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

From: Marie Kennedy, Building Standards Department Date: February 9, 2012 (Revised Comments changing street address

and file number only) Name of Ow 1141318 Ontario Ltd., 1141896 Ontario Ltd., Samrin

Enterprises Inc.

7117 Bathurst Street ~ RP3205, Part Lot 45 File No. A058/12

Zonin Classificat n: '\:

Location:

The subject lands are o\n,~e\ddeCd.1, Restricted Commer~ed(/;r ~By-law J-88 subject to Exception 9(883) as ' ~(3 ' Staff Comments:

\ By-Law Requirements:

The total gross floor area of a the Eating Establishment uses shall be restricted to 20% of the gross floor area of the gr und floor.

Proposal:

The total gross floor area of all the ating Establishment uses shall be restricted to 60% of the gross floor area of the ground oor.

Sto Work Orders and Orders to C

None

Building Permits Issued:

~

A building permit application has been subJrlitted but not issued for Unit 108 for an eating establishment use (12-0053). Once thi\ permit is issued the total gross floor area being used for Eating Establishments, based o\ a ground floor area of 1412m2, would equal38.40%. \

' Comments for A licant and Committee of A "ustment Staff:

1. The original building permit, 95-1977 i entified the gross floor area of the ground floor as 1412m2 however this ap lication identified the gross floor area ofthe ground floor as 1347m2. The pplicant must confirm the correct gross floor area as it affects the percentage requested.

2. The minimum number of parking spaces req ired was based on eating establishments occupying 20% of this buildi

Conditions of Approval:

None

Please note these comments are based on a review of the d cum entation supplied with this application. Other non-conformities may be iden "fled at a later date.

\

TIW City~ Toronto RECEIVED February 7, 2012 VAUGHAN COMMITTEE

OF ADJUSTMENT

Committee of Adjustment

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

Marie Kennedy, Building Standards Department February 7, 2012 1141318 Ontario Ltd., 1141896 Ontario Ltd., Samrin

Location: \ Enterprises Inc. 7117 Bathurst Street

\ RP3205, Part Lot 45 \, . \ File No. A058/12

Zoning Classificatit\n: \ \

The subject lands are z~e~ C 1, Restricted Commer tier By-law 1-88 subject to Exception 9(883) as ame~ed.

Staff Comments:

By-Law Requirements:

\ \

\ \

\ \

"\ \

\ \

I,

.,

The total gross floor area of all th~'fating Establishment uses shall be restricted to 20% of the gross floor area of the ground'{loor.

\ \ .\

Proposal: \ \

The total gross floor area of all the Eatin~\~stablishment uses shall be restricted to 60% of the gross floor area of the ground floor. \

\ \ \

Stop Work Orders and Orders to Comply:\ \. \ \ None \

\ \, Building Permits Issued: '\

\

A building permit application has been submitted but ~t issued for Unit 108 for an eating establishment use (12-0053). Once this permit is~ssued the total gross floor area being used for Eating Establishments, based on a ground 'if}oor area of I 412m2, would equal38.40%. \

' \ '\

Comments for Applicant and Committee of Adjustment 'Staff: \ \

1.

2.

The original building permit, 95-1977 identified th~1 gross floor area of the ground floor as I 412m2 however this application id~tified the gross floor area of the ground floor as 1347m2. The applicant m\st confirm the conrect . \ gross floor area as 1t affects the percentage requested. \

The minimum number of parking spaces required was b~ed on eating establishments occupying 20% ofthis building. \

\ Conditions of Approval:

None

Please note these comments are based on a review of the documentation supplied with this application. Other non-conformities may be identified at a later date.

DATE:

TO:

FROM:

MEETING DATE:

OWNER:

FILE(S):

Location:

Proposal:

Comments:

RECEIVED memorandum

March 26, 2012

March 27, 2012 VAUGHAN COMMITTEE

OF ADJUSTMENT

Todd Coles, Committee of Adjustment

Otello Santini, Development/Transportation Engineering

March 29, 2012

1141318 ONTARIO LTD., 1141896 ONTARIO LTD. & SAMRIN ENTERPRISES INC. Minor Variance Application A058/12 (**REVISED**)

7117 Bathurst Street, Part of Lot 45, Registered Plan No. 3205, Part of Lot 26, Concession 1

1. The total gross floor area of all the Eating Establishment uses shall be restricted to 40% of the gross floor area of the ground floor.

Please find the attached comments prepared by Niaz Muhammad, Senior Transportation Analyst from the Transportation Planning Division of the Development/Transportation Engineering Department:

"The Transportation Planning Division has reviewed the Parking Study dated March 5, 2012 conducted by LEA Consulting Ltd. for the aforementioned development. We have following comments:

The parking study is in support of an eating establishment (Pizza Outlet) to an existing Plaza at the subject location. The development will consists of approximately 93.5 sq.m gross floor area and would require a parking of 10 spaces as per By-Law 1-88.

As per parking utilization survey there is no parking available at 7117 Bathurst Street to serve the proposed eating establishment. The study recommends 15 off-site parking spaces at the adjacent commercial development that is located across the Crestwood Road i.e. 7131 Bathurst Street. Following details are provided in the report.

Description Existing/Approved Observed/Occupied spaces

7117 106 spaces@ 110 spaces Bathurst St 3.17/100 sq.m (4 illegal parking) 7131 143 spaces@ 5.7/100 117 spaces Bathurst St sq.m

;;.. We do oppose the concept of off-site parking as recommended in the study report. The study should provide further details, e.g. agreement with adjacent development to share the parking. How will parking spaces be marked or reserved for the proposed development? How patrons of the proposed development will be educated to park their vehicles at 7131 Bathurst Street?

;;.. The study should include a functional plan showing the pedestrian connectivity between proposed parking area at 7131 Bathurst Street and proposed development. Furthermore study should also include the pedestrian safety review.

Condition(s):

memorandum

~ Page 2 of the report includes an statement that ' During the Friday parking survey, limited parking availability occurred between 10:40 a.m. to 2:00p.m. and between 11:00 a.m. to 11:20 a.m. on the Wednesday parking survey. It was observed that during these peak periods, visitors parked on-street along Crestwood Road and along the drive aisle within the site.'

The illegally parked vehicles on drive aisle, as mentioned in the report may cause safety concerns both for the motorists and pedestrians. Furthermore study should ensure that the vehicles parked on Crestwood Road do not exceed three hour parking limit (City By-Law).

~ Provide details/calculation regarding parking requirement at 7131 Bathurst Street e.g. observed maximum parking spaces and provided factor of safety/buffer to meet parking demand during busy hours etc.

~ We require that the Parking Study should address the comments listed herein. Please contact me if you have any questions or require further clarifications.

The applicant is required to satisfy all the comments as noted above to the satisfaction of the Development/Transportation Engineering Department.

DATE:

TO:

FROM:

RECEIVED memorandum March 26, 2012

VAUGHAN COMMITTEE

OF ADJUSTMENT

Tod Coles, Committee of Adjustment \)

antini, DevelopmentfTransportation Engineering~~ MEETING DATE: March , 2012 'fe ~ . OWNER:

FILE(S):

Location:

Proposal:

Comments:

1141318 NTARIO LTD., 1141896 ONTARIO LTD. & SAMRIN~ ~ ENTERPR ES INC. '9" Minor Varia ce Application A058/12 (**REVISED**)

7117 Bathurst Street, Part o Lot 45, Registered Plan No. 3205, Part of Lot 26, Concession 1

1. The total gross floor a ea of all the Eating Establishment uses shall be restricted to 40% of the gross floor area of e ground floor.

Please find the attached comme ts prepared by Niaz Muhammad, Senior Transportation Analyst from the Transportation Planni Division of the Development/Transportation Engineering Department:

"The Transportation Planning Division as reviewed the Parking Study dated March 5, 2012 conducted by LEA Consulting Ltd. fort e aforementioned development. We have following comments:

The parking study is in support of an eati establishment (Pizza Outlet) to an existing Plaza at the subject location. The development will co ists of approximately 93.5 sq.m gross floor area and would require a parking of 10 spaces as pe By-Law 1-88.

As per parking utilization survey there is no rking available at 7117 Bathurst Street to serve the proposed eating establishment. The study rec mmends 15 off-site parking spaces at the adjacent commercial development that is located acros the Crestwood Road i.e. 7131 Bathurst Street. Following details are provided in the report.

Description Existing/Approved spaces

7117 Bathurst St

7131 Bathurst St

106 spaces@ 3.17/100 sq.m

143 spaces@ 5.7/100 sq.m

Observed/Occupied

~ We do oppose the concept of off-site parking as re ommended in the study report. The study should provide further details, e.g. agreement ith adjacent development to share the parking. How will parking spaces be marke or reserved for the proposed development? How patrons of the proposed develop ent will be educated to park their vehicles at 7131 Bathurst Street?

~ The study should include a functional plan showing the destrian connectivity between proposed parking area at 7131 Bathurst Street and propo d development. Furthermore study should also include the pedestrian safety review.

~ Page 2 of the report includes an statement that ' During the F · ay parking survey, limited parking availability occurred between 10:40 a.m. to 2:00p.m. d between 11:00 a.m. to 11:20 a.m. on the Wednesday parking survey. It was observ that during these peak periods, visitors parked on-street along Crestwood Road and a/ g the drive aisle within the site.'

The illegally parked vehicles on drive aisle, as mentioned in the rep concerns both for the motorists and pedestrians. Furthermore study the vehicles parked on Crestwood Road do not exceed three hour pa Law).

may cause safety auld ensure that ing limit (City By-

~ Provide details/calculation regarding parking requirement at 7131 Ba urst Street e.g. observed maximum parking spaces and provided factor of safety/buffer o meet parking demand during busy hours etc.

~ We require that the Parking Study should address the comments listed rein. Please contact me if you have any questions or require further clarifications.

Condition(s): As noted above.

Development/Transportation Engineering

memorandum RECEIVED

OWNER:

FILE(S):

Location:

Proposal:

Comments:

Condition(s):

February 17, 2012

Todd Coles, Committee of Adjustment

February 21, 2012 VAUGHAN COMMITTEE

OF ADJUSTMENT

Otello Santini, Development/Transportation Engineering

March 1, 2012 ~ 1141318 ONTARIO LTD., 1141896 ONTARIO LTD. & SAMRIN ENTERPRISES INC. ~ Minor Variance Application A058/12 'l(!J

7117 Bathurst Street, Part of Lot 45, Registered Plan No . .:n~~~~.~ Part of Lot 26, Concession 1

The total gross floor area of all the Eating Establishment uses shall be restricted to 60% of the gross floor area of the ground

N/A.

Date: March 15, 2012

Attention: Lenore Providence

File No's.: A058/12 (Revised)

RECEIVED MARCH 15, 2012 VAUGHAN COMMITTEE

OF ADJUSTMENT

YOIJIICURIIENTCONNECTION COMMENTS: (VIA EMAIL)

We have reviewed the submitted plan and have no objection to the proposal. It is the responsibility of the owner or his agent to contact our office and discuss all aspects of the above project.

Please contact the below noted.

Engineering Services# 905-417-6900 Toll Free# 1-877-963-6900

Date:

Attention:

File No.:

YOUR CIIRRENT CONNECTION

RECEIVED February 8, 2012 VAUGHAN COMMITTEE

OF ADJUSTMENT

We have reviewed the submitted plan an have no objection to the proposal. It is the responsibility of the owner or his agent to ontact our office and discuss all aspects of the above project.

Please contact the below noted.

Engineering Services# 905-417-6900


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