Vaughan severance approved

NRU
Nov. 5, 2014

In an October 9 decision, board member Jason Chee-Hing allowed an appeal by Joseph Fiorini of the committee of adjustment’s refusal to grant a consent to sever his property at 80 High Valley Court in the City of Vaughan.

Neighbour Nadia Gottardo opposed the application intended to create a new residential building lot. The city took no position on the application, but asked the board to attach provisions, to which Fiorini had agreed, should the board allow the severance.

Planner David Capper (Weston Consulting) provided evidence on behalf of Fiorini in support of the severance. He said that the resulting lots would comply with the minimum lot frontage, area and depth requirements of the zoning bylaw. He noted that city planning staff did not have concerns with the severance application.

Gottardo opposed the severance on the grounds that it would impact the quantity and quality of well water for homeowners in the area. She opined that the existing neighbourhood was characterized by large “estate residential” lots.

The board did not share Gottardo’s concerns, noting that private septic and well applications would have to be approved by the municipality before a building permit could be issued.

The board allowed the appeal and granted the severance. Solicitors involved in this decision were Gerard Borean (Parente Borean LLP) representing Joseph Fiorini, Dawne Jubb (Dawne Jubb Barrister) representing the City of Vaughan and Ranjeev Dhillon (Bennett Jones LLP) representing Nadia Gottardo. (See OMB Case No. PL140816.)