Woodbridge garage refused

NRU
June 7, 2017

In a May 25 decision, board member Michel Bellemare dismissed an appeal by Anna Petri against the City of Vaughan committee of adjustment’s refusal of her minor variance application.

Petri sought variances to construct a front yard accessory garage on her property at 8240 Pine Valley Drive.

Petri was represented by her son Thomas Macsanszky, who testified that the garage will be used strictly for his own personal use and will allow for the storage of approximately 12 cars. He advised the board that the city’s planning staff had no objection to the requested variances, subject to the garage not being used as a public garage or auto body repair shop.

Neighbouring landowner Pine Valley Enclave II attended the hearing in opposition to the appeal.

Pine Valley Enclave retained planner John Zipay (Weston Consulting) and summoned city by-law enforcement offer Christina Booth to give testimony on its behalf.

Zipay testified that the proposed garage was twice the size of Petri’s house, and would be in close proximity to approved new residential townhouses being developed by Pine Valley Enclave. He said that the garage would not be sensitive to, nor respectful of, the existing character of the area, and would produce an unacceptable adverse impact on the nearby properties.

Booth testified that the city has issued several property standards orders and zoning notices regarding the storage of equipment, trailers and vehicles, contrary to municipal regulations. The board noted, however, that by-law enforcement is the domain of the municipality and not the board.

Lilian Iacobelli also attended the hearing in opposition to the appeal.

Petri’s property, which has no direct frontage onto Pine Valley Drive, is accessed via an easement over Iacobelli’s parents’ property at 8428 Pine Valley Drive. Iacobelli expressed concerns regarding the size of the garage, the ongoing outdoor storage of decrepit automobiles, and on-site vehicle repair work requiring the transport of heavy machinery over her parents’ driveway.

The board agreed with Zipay’s evidence and found that the proposed garage failed to meet the four Planning Act tests. Thus, the board dismissed Petri’s appeal, refusing the garage.

Solicitors involved in this decision were Gerard Borean (Parente, Borean) representing Pine Valley Enclave II Ltd. and city solicitor Kellie Hodges representing the City of Vaughan. [See OMB Case No. PL160610.]