The Minutes of the 20 TH Meeting of the Vaughan Committee of Adjustment for the year 2005 THURSDAY, NOVEMBER 3, :00p.m.

Transcription

1 The Minutes of the 20 TH Meeting of the Vaughan Committee of Adjustment for the year 2005 THURSDAY, NOVEMBER 3, 2005 Present at the meeting were: 6:00p.m. M. Mauti T. DeCicco L. Fluxgold (left at approx. 6:20pm) D. H. Kang M. S. Panicali Members of Staff present: Dianne E. L. Grout, Secretary-Treasurer Anne Markovsky, Assistant to the Secretary-Treasurer Glenn White, Planner Craig Coulter, Plans Examiner INTRODUCTION OF ADDENDUM REPORTS MOVED D. H. Kang Seconded by T. DeCicco That the addendum reports be incorporated into the minutes and be on view at the back of the room in the Report Book. CARRIED DISCLOSURE OF PECUNIARY INTEREST None ADOPTION OR CORRECTION OF MINUTES MOVED D. H. Kang Seconded by M. S. Panicali THAT the minutes of the Committee of Adjustment Meeting of Thursday, OCTOBER 20, 2005, be adopted as circulated. CARRIED It should be noted that T. DeCicco abstained from voting on the above matter, as he was not present at the October 20, 2005 hearing. ADJOURNMENTS AND/OR DEFERRALS On October 25, 2005, an was received from agent Reid Rusonik, requesting that Item# 16, File No. A332/05 JO-ANNE SCHNEEWEISS, be adjourned to the December 8, 2005 meeting, in order for the applicant/agent to resolve issues with the Planning Department with respect to the Woodlot Assessment Study. MOVED by D. H. Kang Seconded by M. S. Panicali THAT Item #. 16, File NO. A332/05 JO-ANNE SCHNEEWEISS, be adjourned to the December 8, 2005 meeting. CARRIED Page 1 of 15

2 ADMINISTRATIVE CORRECTIONS NONE. (PREVIOUSLY ADJOURNED FROM THE JANUARY 13, 2005 MEETING) 1. FILE NO: A012/05 MARILU & ANGELO KOURLAS Part of Lot 19, Concession 4. (Lot 40, Registered Plan Municipally known as 61 Lancer Drive, Maple). The subject lands are zoned R1V, Residential, under By-law 1-88, as amended. The applicants are requesting a variance to permit the continued construction of a twostorey garage addition with bedrooms above, to an existing one-storey single family detached dwelling, notwithstanding, the proposed changes to the existing By-Law & current By-Law requirements are as follows: 1. Maximum Lot Coverage = 20.56% 1. Maximum Lot Coverage for a two storey structure = 20% A letter of objection was received Nov. 3, 2005 from Jean & Ross Geddes, 30 Gosling Road, Maple, Ontario, L6A 1S3. Angelo Kourlas, the applicant, appeared on his own behalf and gave a brief submission regarding the request. Gerry Schiller, 48 Lancer Drive, Maple, Ontario, L6A 1C9, appeared in opposition and gave a lengthy submission regarding present and past applications with respect to lot coverage. There was no one else in attendance either in support of or in opposition to the request. There were no objections from any Departments or Agencies. The Committee is of the opinion that the variance sought can be considered minor and is 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. MOVED by T. DeCicco Seconded by L. Fluxgold THAT Application No A012/05 MARILU AND ANGELO KOURLAS, be APPROVED in accordance with the sketch attached. It should be noted that L. Fluxgold left the Council Chambers and did not take part for the rest of the proceedings. Page 2 of 15

3 (PREVIOUSLY ADJOURNED FROM THE JUNE 23, 2005, JULY 7 & 21 & OCTOBER 20, 2005 MEETINGS) 2. FILE NO: A148/05 ELENA BELLI Part of Lot 22, Concession 8, (Lot 41, Registered Plan No. 65M-2863, municipally known as 502 Westridge Drive, Kleinburg). The subject lands are zoned R1, Residential under By-law 1-88 as amended and further subject to Exception 9(563). The purpose of this application is to request variances to permit the maintenance of an existing open gazebo and an existing pergola as follows: 1. An accessory building (Gazebo) located in the side yard. 2. An architectural feature (Pergola) with a height of 2.5m set back from the interior lot line a minimum of 0.25m. 1. Accessory buildings shall be located within the rear yard. 2. Any architectural features with a height greater than 1.8m shall be set back from the property line an equal distance to the height (2.5m). On June 16, 2005, a letter of objection with pictures was received from the previous owner, Jeffrey L. Brookhouser of 510 Westridge Drive, Kleinburg, Ontario, Canada, L0J 1C0. At the October 20, 2005 meeting there were discussions between the agent, the Committee and staff. The Committee made a request for pictures of the yard, a letter of support from the new neighbour and that the letter be shown to the Planning Department prior to the next scheduled meeting. Mr. Dino Eleuteri, the agent, appeared on behalf of the applicant and gave a brief submission regarding the request. He provided the Committee with the letter of support from the new neighbour, Ralf Mueller, 510 Westridge Drive, Kleinburg, Ontario, L0J 1C0 and also submitted the photos of the side and rear yard. The Development Planning Department made the following written comments: The applicant is requesting a variance to permit the maintenance of an existing open gazebo and pergola in the side yard. The By-law states an accessory building shall be located within the rear yard. The applicant has indicated that the gazebo is setback 1.5m from the side lot line and is 4.5 m by 4.5m in area. The By-law states that accessory buildings shall be located within the rear yard not the side yard. The architectural structure (pergola) is located in the interior side yard with the dimensions of 2.5m high by 5.5m long. The By-law states any architectural feature with a height greater than 1.8m shall be setback from the property line an equal distance to the height (2.5m). The architectural feature is permit in the interior side yard as per the By-law requirement. The applicant is providing a minimum interior side yard setback of 0.25m. Page 3 of 15

4 Cont d (PREVIOUSLY ADJOURNED FROM THE JUNE 23, 2005, JULY 7 & 21 & OCTOBER 20, 2005 MEETINGS) 2. FILE NO: A148/05 ELENA BELLI The applicant s rear yard is 28m deep at the shallowest point. Staff questions why the gazebo could not be located in the rear yard with setbacks complying with the By-law. This would provide the structure with greater distance from property lines and the abutting dwellings and lessen the impact of the structure on the abutting neighbours. Given the height of the architectural feature (2.5m/8.2ft), the proposed setback of 0.25m should be increased to lessen the impact of the pergola on the abutting neighbour. The Development Planning Department does not support Variance Application A148/05, as proposed and does not consider it to be appropriate for the development of the lands. There were no other objections from any Departments or Agencies. 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. MOVED by D. H. Kang Seconded by T. DeCicco THAT Application No. A148/05 ELENA BELLI, be APPROVED, in accordance with the sketches attached. 3. FILE NO.: A308/05 MOSHE & SARA ASSOR PREVIOUSLY ADJOURNED FROM THE OCTOBER 20, 2005 MEETING) Part of Lot 15, Concession 2, (Block 274, Part 17, Registered Plan No.65M-3591, municipally known as 29 Clovis Street, Thornhill.) The subject lands are zoned RVM1 (WS-A), Residential Urban Village Multiple Dwelling Zone One (Street Townhouse on a Wide and Shallow Lot and subject to the provisions of Exception Number 9(1063) under By-Law 1-88 as amended. Prior to the hearing the applicants amended the Application, Sketch, and Notice of Application by relocating the stairs to the side and as follows: minimum rear yard setback of 2.9m to the deck.... NOT minimum rear yard setback of 1.0m to the deck and stairs.. THEREFORE, the applicants are requesting a variance to permit the maintenance of a rear yard deck as follows: 1. To maintain a minimum rear yard setback of 2.9 metres to the deck. Page 4 of 15

5 3. FILE NO.: A308/05 Cont d. MOSHE & SARA ASSOR PREVIOUSLY ADJOURNED FROM THE OCTOBER 20, 2005 MEETING) 1. A minimum rear yard setback of 4.2 metres is required to the deck and stairs. Sara Assor, the applicant appeared and gave a brief submission regarding the request and confirmed the amendment of repositioning the stairs on the side resulting in a rear yard setback of 2.9m. A request for a copy of the Notice of Decision was submitted by the father of the applicant, Alecu Yancu, 135 Toporowski Avenue, Richmond Hill, Ontario, L4S 2H4. There were no other objections from any Departments or Agencies. The Committee is of the opinion that the variance sought, AS AMENDED, can be considered minor and is 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. MOVED by M. S. Panicali THAT Application No. A308/05 - MOSHE & SARA ASSOR, be APPROVED, AS AMENDED, in accordance with the sketch attached. CONSENT PUBLIC HEARING: 4. FILE NO: B052/05 METRUS PROPERTIES LIMITED Part of Lot 2, Concession 3, (Municipally located on Ronrose Drive). The purpose of this application is to request the consent of the Committee of Adjustment to convey a parcel of land as a new lot for industrial purposes, and retain the land for industrial purposes. Both the subject and retained lands are currently vacant. The subject and retained lands are zoned PBM7 Parkway Belt Industrial and subject to the provisions under By-law 1-88 as amended. Other Planning Act Applications: The land which is the subject in this application was the subject of an application under the Planning Act for: Consent Applications File Nos. B71/02 & B72/02 APPROVED NOV. 21/02 (Deeds stamped Apr 25/03) Minor Variance File Nos. A421/02, A422/02 APPROVED NOV. 21/02 (lot frontage & lot areas) Page 5 of 15

6 CONSENT PUBLIC HEARING: Cont d. 4. FILE NO: B052/05 METRUS PROPERTIES LIMITED Billy Tung, KLM Planning Partners Inc., appeared as the designated agent on behalf of the applicant and gave a brief submission regarding the request. He indicated that parts 3,4, & 5 on the sketch are not part of this application, as they were easements previously severed. There were no comments from any Department or Agencies and any conditions requested are listed below. MOVED by M. S. Panicali THAT Application No. B052/05- METRUS PROPERTIES LIMITED, be APPROVED, in accordance with the sketch attached and subject to the following conditions: NOTE: All conditions below must be fulfilled and clearance letters must be received by the Secretary-Treasurer before any cheques can be accepted and Certificate of Official can be issued. 1. Payment to the City of Vaughan of a Tree Fee if required, approved by Council as of the date of granting the consent. Payment is to be made by certified cheque, to the satisfaction of the Reserves/Capital Department and Parks Department; 2. That the owner shall pay all taxes as levied (by certified cheque), if required, to the satisfaction of the Reserves/Capital Department; (contact Terri Liuni in the Reserves/Capital Department to have this condition cleared). 3. That the applicant shall provide the City of Vaughan with an appraisal report, if required and valuation of the subject land (land only) to be prepared by an accredited appraiser, if required. Payment of a Parkland Levy to the City in lieu of deeding of land for park purposes shall be made if a new lot is being created. Said levy is to be 2% of the appraised market value of the subject land as of the date of the Committee of Adjustment giving notice to the Application of the herein decision. Said levy shall be approved by the Manager of Real Estate. Payment shall be made by certified cheque only; 4. Submission to the Secretary-Treasurer of FOUR (4) white prints of a registered deposited reference plan of survey, showing the subject land which conforms with the application submitted and which shows the dimensions and areas of each part shown on the plan; 5. Upon fulfilling and complying with all of the above-noted conditions, the Secretary- Treasurer of the Committee of Adjustment must be provided with a letter and three (3) copies of a legal size (8.5 by 14 ) Schedule Page, in a format satisfactory to the Secretary-Treasurer, from the Applicant s solicitor confirming the legal description of the subject lands, sufficient for registration purposes the Schedule Page will be an attachment to the Certificate. Upon being satisfied with said legal description and upon all other conditions for the consent having been satisfied, the Secretary-Treasurer shall provide a Certificate of Official to the applicant in accordance with Section 53(42) of the Planning Act, R.S.O. 1990, as amended; 6. A fee of $ made payable to the Treasurer City of Vaughan shall, be submitted to the Secretary Treasurer for the issuance of the Certificate/stamping of the deeds. It will be necessary to allow up to three (3) working days after all conditions have been fulfilled and documentation filed. Same day service is also available for an additional cost of $145.00, provided all conditions of approval have been fulfilled and all required documents are submitted by 11:30 am that day; Page 6 of 15

7 CONSENT PUBLIC HEARING: Cont d. 4. FILE NO: B052/05 METRUS PROPERTIES LIMITED 7. Prior to the issuance of a building permit, if required, the applicant shall fulfil and comply with all of the above noted consent conditions; PLEASE NOTE: 1. That the payment of the Regional Development Charge is payable to the City of Vaughan before issuance of a building permit in accordance with the Development Charges Act and the Regional Development Charges By-law in effect at the time of payment. 2. That the payment of the City Development Charge is payable to the City of Vaughan before issuance of a building permit in accordance with the Development Charges Act and the City's Development Charges By-law in effect at the time of payment. 3. That the payment of the Education Development Charge is payable to the City of Vaughan before issuance of a building permit in accordance with the Development Charges Act and the Boards of Education By-laws in effect at the time of payment 4. That the payment of Special Area Development charge is payable to the City of Vaughan before issuance of a building permit in accordance with the Development Charges Act and The City's Development Charge By-law in effect at the time of Building permit issuance, if required, to the satisfaction of the Reserves/Capital Department; 5. FILE NO.: A305/05 BENJAMIN RINZLER Part of Lot 30, Concession 1, (Block 167, Registered Plan No.65M-2099, municipally known as 12 Rejane Cres. Thornhill.) The subject lands are zoned RM1, Multiple Residential and subject to the provisions of Exception Number 9(474) under By-Law 1-88 as amended. The applicant is requesting a variance to permit the maintenance of a widened driveway, as follows: To maintain a maximum driveway width of 5.48 metres. A maximum driveway width of 3.75 is permitted Daniel Rinzler, appeared as the designated agent on behalf of the applicant and gave a brief submission regarding the request. Claudine Ziskinder, 10 Rejane Cres., Thornhill, Ontario, L4J 4Z8, appeared in support of this Page 7 of 15

8 application, as she had a similar request in the past that was approved. Cont d. 5. FILE NO.: A305/05 BENJAMIN RINZLER There was no one else in attendance either in support of or in opposition to the request. The Development Planning Department made the following written comments: This department does not support the reduction of front yard landscaping to accommodate the widened driveway. This Department does not consider this application to be appropriate for the development of the property. The Engineering Department made the following written comments: Engineering Department staff has visited the site in response to the application to widen the driveway and curb cut. There are no existing boulevard items that would be adversely impacted by the proposed widening, however, the widened driveway and required curb cut are not in conformity with By-Law 1-88 (as amended by By-Law ). There were no other comments/objections from any Departments or Agencies. The Committee is of the opinion that the variance sought can be considered minor and is 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. MOVED by M. S. Panicali THAT Application No. A305/05 - BENJAMIN RINZLER, be APPROVED in accordance with the sketch attached. 6. FILE NO.: A327/05 CITY OF VAUGHAN Part of Lot 13, Concession 3. Municipally known as 300 Jacob Keefer Parkway, Concord. The subject lands are zoned EM1(H), Prestige Employment Area with a Holding Zone Provision under By-law 1-88 as amended. The applicants are requesting a variance to permit the construction proposed one-storey washroom and service facilities building, notwithstanding, the proposed changes to the existing By-Law & current By-Law requirements are as follows: 1. Minimum Front Yard Setback = 9.181m 1. Minimum Front Yard Setback = 15.0m Ted Lam from the Buildings and Facilities Department, appeared representing the City of Vaughan and gave a brief submission. There were no comments from any Departments or Agencies. Page 8 of 15

9 Cont d 6. FILE NO.: A327/05 CITY OF VAUGHAN The Committee is of the opinion that the variance sought can be considered minor and is 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. MOVED by T. DeCicco THAT Application No A327/05 CITY OF VAUGHAN, be APPROVED in accordance with the sketch attached. 7. FILE NO: A328/05 FRANCA CUDINI Part of Lot 4, Concession 7, (Lot 13, Registered Plan 65M-2958, municipally known as 48 Veneto Drive, Woodbridge). The subject lands are zoned R3, Residential under By-law 1-88 as amended. The purpose of this application is to request variances to permit the maintenance of a garden shed as follows: 1. An interior side yard setback of 0.3m to a garden shed. 2. A rear yard setback of 0.3m to a garden shed. 1. A minimum interior side yard setback of 0.6m to a garden shed. 2. A minimum rear yard setback of 0.6m to a garden shed. Franca Cudini, the applicant appeared on her own behalf and gave a brief submission regarding the request. There were no objections from any Departments or Agencies. 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. MOVED by T. DeCicco THAT Application No. A328/05 FRANCA CUDINI, be APPROVED, in accordance with the sketches attached. Page 9 of 15

10 8. FILE NO: A329/05 JORDAN RICH Part of Lot 14, Concession 2, (Lot 162, Registered Plan No.65M-3591, municipally known as 74 Pepperberry Rd., Thornhill.) The subject lands are zoned RV3, Residential Urban Village Zone three and subject to the provisions of Exception Number 9(1063) under By-Law 1-88 as amended. The applicant is requesting a variance to permit the maintenance of a rear yard deck attached to a two storey single family detached dwelling, as follows: To maintain a minimum rear yard setback of 3.96 metres to the deck. A minimum rear yard setback of 5.7 metres is required to the deck Jordan Rich, appeared as the designated agent on behalf of the applicant and gave a brief submission regarding the request. There were no comments/objections from any Departments or Agencies. The Committee is of the opinion that the variance sought can be considered minor and is 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. MOVED by M. S. Panicali THAT Application No. A329/05 - JORDAN RICH, be APPROVED in accordance with the sketch attached. 9. FILE NO: A330/05 CARNAVON PROPERTIES INC., Part of Lot 33, Concession 1 (Block 59 and Part of Block 63 of Registered Plan 65M Municipally known as 25 Parr Place, Thornhill). The subject lands are zoned R1, Residential and subject to the provisions of Exception Number 9(797) under By-Law 1-88 as amended. The applicant is requesting variances to permit the construction of a proposed detached garage, at the rear of an existing two-storey single family detached dwelling, notwithstanding, the proposed changes to the existing By-Law & current By-Law requirements are as follows: Page 10 of 15

11 Cont d. 9. FILE NO: A330/05 CARNAVON PROPERTIES INC., 1. To permit a minimum rear yard setback of 10.9 metres to the accessory building. 2. To permit a maximum height of 3.6 metres from the finished grade to the underside of the nearest part of the roof. 3. To permit a maximum building height of 6.8 metres from the finished grade to the highest point of the accessory building. 1. A minimum rear yard setback of 20.0 metres is required to the accessory building. 2. A maximum height of 3.0 metres is permitted from the finished grade to the underside of the nearest part of the roof. 3. A maximum building height of 4.5 metres is permitted from the finished grade to the highest point of the accessory building. Other Planning Act Applications The land which is the subject in this application was the subject of an application under the Planning Act for: Minor Variance File No. A099/04 APPROVED, as amended, Apr. 29/04 for lot coverage of 30.2%. File No. A243/04 APPROVED, Aug 19, 2004 for lot coverage of 36.1%. On October 17, 2005, a request for the Notice of Application and Notice of Decision was received from William L. Mandel, Mandel Group of Companies, 45B West Wilmont Street, Suite 205, Richmond Hill, Ontario L4B 2P3. Steve Maini, appeared as the designated agent on behalf of the applicant and gave a brief submission regarding the request. There were no other objections/comments from any Departments or Agencies. The Committee is of the opinion that the variance sought can be considered minor and is 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. MOVED by T. DeCicco THAT Application No A330/05 CARNAVON PROPERTIES INC., be APPROVED in accordance with the sketch attached. 10 FILE NO: A331/05 ROCCO & TERESA CARELLA Part of Lot 20, Concession 8, (Lot 43, Registered Plan No.65M-3738 Draft Plan 19T-98V04, municipally known as 112 Park Ridge Drive, Kleinburg.) The subject lands are zoned R1, Residential under By-Law 1-88 as amended and further subject to Exception 9(1128). Page 11 of 15

12 Cont d. 10 FILE NO: A331/05 ROCCO & TERESA CARELLA The applicants are requesting variances to permit the construction of a pavilion (cabana covered & enclosed) with an attached outdoor washroom & storage shed, as follows: 1. A rear yard set back of 2.4m to an accessory structure. 2. A rear yard set back of 3.65m to pool equipment. 3. An interior side yard set back of 1.5m to an architectural element with a height of 2.75m used as hard landscaping. 1. A minimum rear yard set back of 9m to an accessory structure. 2. A minimum rear yard set back of 7.5m to pool equipment. 3. Any architectural or design element which is greater than 1.8m in height shall be set back from the property line a distance equal to its height 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: Minor Variance Application File No. setback of 7.93m. A190/04 APPROVED, June 17, 2004, for front yard Sean Ford, appeared as the designated agent on behalf of the applicants and gave a brief submission regarding the request. There were no objections from any Departments or Agencies. 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. MOVED by M. S. Panicali Seconded by T. DeCicco THAT Application No. A331/05 - ROCCO & TERESA CARELLA, be APPROVED in accordance with the sketch attached. 11 FILE NOS: A333/05 TO A339/05 & FERNBROOK HOMES (MAJOR MAC) LTD., 17. Part of Lot 20, Concession 3, (Lots 39, 41, 163, 164, 165, 166, 167, Draft Plan of Subdivision No.19T-00V12, known as Lot 39 - Featherwood Dr., Lot 41 - Cherry Bush Rd., and Lots 163, 164, 165, 166, 167 Laramie Cres., Maple.) The subject lands are zoned RD4, Residential Detached Zone Four under By-law 1-88, subject to Exception 9(1129) as amended. Page 12 of 15

13 Cont d. 11 FILE NOS: A333/05 TO A339/05 & FERNBROOK HOMES (MAJOR MAC) LTD., 17. The applicant is requesting variances to permit the construction of two storey single family detached dwellings on each lot, notwithstanding, the proposed changes to the existing By- Law & current By-Law requirements are as follows: A333/05 - Minimum Rear Yard Setback 6.65m A334/05 - Minimum Rear Yard Setback 7.35m A335/05 - Minimum Rear Yard Setback 6.74m A336/05 - Minimum Rear Yard Setback 7.07m A337/05 - Minimum Rear Yard Setback 6.92m A338/05 - Minimum Rear Yard Setback 6.92m A339/05 - Minimum Rear Yard Setback 6.92m Minimum rear yard setback 7.5m Rick Haws, RN Design Limited, appeared as the designated agent on behalf of the applicants, and gave a brief submission regarding the requests. There were no objections/comments from any Departments or Agencies. 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. MOVED by T. DeCicco THAT Application No. A333/05 to A339/05 - FERNBROOK HOMES (MAJOR MAC) LTD., be APPROVED in accordance with the sketch attached. 18. FILE NO: A340/05 YA QOV & INNA BUTORSKY Part of Lot 13, Concession 3, (Part of Block 44, Registered Plan No. 65M-3336 and Part of Block 9, Registered Plan No. 65M-3448, municipally known as 178 Freemont Street, Concord). The subject lands are zoned RVM1(B) Residential Urban Village Multiple Dwelling Zone One under By-law 1-88, subject to Exception 9(1039) as amended. During the applicants submission it was agreed to amend the Application, Sketch, and Notice of Application as follows: Cont d. 18. FILE NO: A340/05 YA QOV & INNA BUTORSKY 3. Minimum Interior Side Yard Setbacks (both 3. Minimum Interior Side Yard Setback = 1.2m Page 13 of 15

14 yards) = 0.6m NOT 0.02m. THEREFORE, the applicants are requesting variances to permit the maintenance of an existing wooden deck, which is attached to the rear of the two-storey single family detached dwelling, notwithstanding, the proposed changes to the existing By-Law & current By-Law requirements are as follows: 1.Minimum Rear Yard Setback to Deck = 2.95m 2.Minimum Rear Yard Setback to Stairs = 2.72m 3.Minimum Interior Side Yard Setbacks (both yards) = 0.6m 1 & 2. Minimum Rear Yard Setback to nearest part of open deck or stairs = 5.7m 3 Minimum Interior Side Yard Setback = 1.2m Inna Butorsky, the applicant appeared on her own behalf and gave a brief submission regarding the requests. The applicant submitted a photo showing the deck. A lengthy discussion took place, with respect to the side yard setbacks which are almost at a zero lot line. The committee requested the applicant amend this application to 0.6m on both the interior side yard setbacks. The applicant agreed to amend to 0.6m on both the interior side yards. The Community Planning Department made the following written comments: The Development Planning Department has no objections to the requested rear yard setbacks to the deck and stairs, however, do not support the requested 0.02m interior side yard setback. The proposed 0.02m setback is effectively a zero setback, which this Department has not supported in the past. This Department does not support the concept of not providing a setback. This Department does not consider the proposed interior side yard setback to be appropriate for the development of the property. There were no other objections/comments from any Departments or Agencies. The Committee is of the opinion that the variances sought, AS AMENED 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. MOVED by T. DeCicco THAT Application No A340/05 YA QOV & INNA BUTORSKY, be APPROVED, AS AMENDED, in accordance with the sketch attached. Page 14 of 15

15 OTHER BUSINESS None. MOTION TO ADJOURN MOVED by T. DeCicco THAT the meeting of Committee of Adjustment be adjourned at 6:45 p.m., and the next regular meeting will be held on NOVEMBER 17, Page 15 of 15