VAUGHAN POOL CABANA LEGALIZED

NRU
May 24, 2017

In a May 12 decision, board member Anne Milchberg dismissed an appeal by Estelle Thomas against the City of Vaughan committee of adjustment’s approval of a minor variance application by Sandy Caparrotta. Caparrotta sought variances to legalize an already-built pool cabana and outdoor kitchen in his backyard at 12 Ferrazzano Lane.

Planner Larysa Dubicki (MMM Group) provided evidence on behalf of Caparrotta in opposition to the appeal. She testified that the height and size of the cabana comply with the zoning by-law, and that the proposed reduced side and rear yard setbacks are consistent with similar, approved variances for cabanas in the neighbourhood. She concluded that the proposal satisfies the four tests under the Planning Act.

Thomas expressed concerns regarding the proposed height and size of the cabana, as well as the exhaust chimney for a woodburning pizza oven. She suggested that the building had not been properly measured, and questioned whether it complied with the zoning by-law. Thomas further raised concerns regarding plumbing, sewerage and fire safety.

The board agreed with Dubicki’s uncontroverted evidence and advised Thomas that her concerns would be more appropriately directed to the city’s by-law enforcement staff. Consequently, the board dismissed Thomas’ appeal, authorizing the variances.

Solicitor Leo Longo (Aird & Berlis) representing Sandy Caparrotta was involved in his decision. [See OMB Case No. PL161259.]