Vaughan Woodbridge appeal dismissed

NRU
July 30, 2014

In a July 15 decision, board member Reid Rossi dismissed an appeal by Iwano Villano of the committee of adjustment’s refusal to allow variances to permit an illegally-built one-storey garage and a shed. The structures are located at 53 Coles Avenue in the City of Vaughan.

Villano had built the structures in 2011 without a building permit, and later sought five variances to legalize their uses.

City planning staff had objected to two variances relating to the minimum interior side yard setback for each structure.

City planner Daniel Woolfson gave expert evidence against the appeal. He concluded that the two variances did not maintain the general intent of Barrie’s zoning by-law, were not desirable and were not minor. Villano’s husband Pino Villano acted as a representative in support of the variances. In the decision the board member noted that he offered no evidence to refute Woolfson, nor provided any persuasive reason as to why the structures should be permitted.

“The board preferred the evidence of the city planner to the anecdotal evidence of the applicant’s husband,” Rossi said. Subsequently, the appeal to allow the minor variances was dismissed.

Involved in this case was solicitor Dawne Jubb (Dawne Jubb Barrister) representing the City of Vaughan. (See OMB Case No. PL140114.)