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Prepared By: Lenore Providence File: A011/12 Applicant: ANATOLI MONASEVICH AND ELEONORA KOTLIARSKI Address: 31 REDMOND DRIVE, THORNHILL Agent: MARIO MEROCCHI Birenbaum, Steinberg, Landau, Savin & Colraine LLP Adjournment Status: PREVIOUSLY ADJOURNED FROM THE JAN 12, 2012 MEETING. At the Committee of Adjustment meeting of Thursday, JANUARY 12, 2012, the Committee agreed to ADJOURN the above-mentioned application, to allow for you to meet with the Engineering and the Development Planning Departments and address their issues. Also, to submit the required information to the Building Department to address their revised comments dated January 11, 2012. PREVIOUSLY ADJOURNED FROM THE MAR 29, 2012 MEETING. At the Committee of Adjustment meeting of Thursday, MARCH 29, 2012, the Committee agreed to further ADJOURN the above-mentioned application, to allow time to submit additional information to the Building Standards Department. PREVIOUSLY ADJOURNED FROM THE MAY 3, 2012 MEETING. At the Committee of Adjustment meeting of Thursday, MAY 3, 2012, the Committee agreed to further ADJOURN the above-mentioned application, to allow time to submit additional information to the Building Standards Department. PREVIOUSLY ADJOURNED FROM THE MAY 17, 2012 MEETING. At the Committee of Adjustment meeting of Thursday, MAY 17, 2012, the Committee agreed to further ADJOURN the above-mentioned application, to allow time to submit additional information to the Building Standards Department. Comments/Conditions: Commenting Department Comment Condition of Approval Building Standards Development Planning - REVISED Engineering TRCA PowerStream Other - _______________________ Other - _______________________ Legend: - Positive Comment - Negative Comment Item # 22 Ward #4

Item # 22 - Vaughan€¦ · File Nos. A122/12– ADAM COLUCCI, be further ADJOURNED to the MAY 31, 2012 meeting. THAT item 29, File Nos. A124/12– 1801402 ONTARIO INC. , be further

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Page 1: Item # 22 - Vaughan€¦ · File Nos. A122/12– ADAM COLUCCI, be further ADJOURNED to the MAY 31, 2012 meeting. THAT item 29, File Nos. A124/12– 1801402 ONTARIO INC. , be further

Prepared By: Lenore Providence

File: A011/12 Applicant: ANATOLI MONASEVICH AND

ELEONORA KOTLIARSKI Address: 31 REDMOND DRIVE, THORNHILL Agent: MARIO MEROCCHI

Birenbaum, Steinberg, Landau, Savin & Colraine LLP

Adjournment Status: PREVIOUSLY ADJOURNED FROM THE JAN 12, 2012 MEETING. At the Committee of Adjustment meeting of Thursday, JANUARY 12, 2012, the Committee agreed to ADJOURN the above-mentioned application, to allow for you to meet with the Engineering and the Development Planning Departments and address their issues. Also, to submit the required information to the Building Department to address their revised comments dated January 11, 2012.

PREVIOUSLY ADJOURNED FROM THE MAR 29, 2012 MEETING. At the Committee of Adjustment meeting of Thursday, MARCH 29, 2012, the Committee agreed to further ADJOURN the above-mentioned application, to allow time to submit additional information to the Building Standards Department.

PREVIOUSLY ADJOURNED FROM THE MAY 3, 2012 MEETING. At the Committee of Adjustment meeting of Thursday, MAY 3, 2012, the Committee agreed to further ADJOURN the above-mentioned application, to allow time to submit additional information to the Building Standards Department.

PREVIOUSLY ADJOURNED FROM THE MAY 17, 2012 MEETING. At the Committee of Adjustment meeting of Thursday, MAY 17, 2012, the Committee agreed to further ADJOURN the above-mentioned application, to allow time to submit additional information to the Building Standards Department.

Comments/Conditions:

Commenting Department Comment Condition of

Approval Building Standards Development Planning - REVISED Engineering TRCA PowerStream Other - _______________________ Other - _______________________

Legend: - Positive Comment - Negative Comment

Item # 22 Ward #4

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EXTRACTS FROM THE MAY 17, 2011 COMMITTEE OF ADJUSTMENT MINUTES

Page 1 of 1

ADJOURNMENTS AND/OR DEFERRALS On May 09, 2012 an e-mail was received from Ian Robertson, the agent, requesting that item 11, File Nos. A131/12– PETER & GISELLA AVSEC, be ADJOURNED to the MAY 31, 2012 meeting, to allow time for the re-circulation of the amended application; On April 19, 2012 an e-mail was received from Pamela L.C. Dancyger, the agent, requesting that item 16, File Nos. B016/12– THE TRUSTEES OF THE CONGREGATION OF ST. ANDREW'S PRESBYTERIAN CHURCH, MAPLE, be ADJOURNED until such time as a Minor Variance application to facilitate the Consent application can be submitted. A Minor Variance application has been received and scheduled for the June 28, 2012 meeting; On April 30, 2012 an email was received from Mario Merocchi, Birenbaum, Steinberg, Landau, Savin & Colraine LLP, the agent, requesting that item 17, File No. A011/12 – ANATOLI MONASEVICH & ELEONORA KOTLIARSKI, be further ADJOURNED to the May 31, 2012 meeting, to allow time to obtain additional information to be provided to the Building Standards Department; On May 3, 2012 John Sopta, the agent, amended the application for item 19, File Nos. A061/12– DEMITRI & ANNUZIATA DIVITTORIO. The application requires to be further ADJOURNED to the MAY 31, 2012 meeting, to allow time for the re-circulation of the amended application; On May 11, 2012 an e-mail was received from Stephen Ongaro, the applicant, WITHDRAWING item 25, File Nos. A105/12– STEPHEN ONGARO, Building Department advised on May 10, 2012 that the revised Cabana conforms with the By-law requirements and an application is no longer necessary; On May 17, 2012 an e-mail was received from Tina Massarelli, the applicant, requesting that item 26, File Nos. A108/12– TINA AND JACK MASSARELLI, be further ADJOURNED to the MAY 31, 2012 meeting, to allow time to arrange to meet with Engineering Department staff; On May 17, 2012 an e-mail was received from James Riddell, the agent, requesting that item 28, File Nos. A122/12– ADAM COLUCCI, be further ADJOURNED to the MAY 31, 2012 meeting, to allow time to arrange a mutually agreeable time for Planning Department to conduct an on-site visit; On May 15, 2012 an e-mail was received from James Riddell, the agent, requesting that item 29, File Nos. A124/12– 1801402 ONTARIO INC., be further ADJOURNED to the JULY 12, 2012 meeting, to concur with the Planning Departments comments that suggest a hearing after Council’s meeting in June 2012; On May 14, 2012 an e-mail was received from Jerry Ip, the applicant, requesting that item 30, File Nos. A126/12– JERRY IP, be further SINE DIE, until further notice; MOVED by A. Perrella Seconded by H. Zheng THAT item 11, File Nos. A131/12– PETER & GISELLA AVSEC, be ADJOURNED to the MAY 31, 2012 meeting. THAT item 16, File Nos. B016/12– THE TRUSTEES OF THE CONGREGATION OF ST. ANDREW'S PRESBYTERIAN CHURCH, MAPLE, be ADJOURNED until such time as a Minor Variance application to facilitate the Consent application can be submitted. THAT item 17, File No. A011/12 – ANATOLI MONASEVICH & ELEONORA KOTLIARSKI, be further ADJOURNED to the May 31, 2012 meeting. THAT item 19, File Nos. A061/12– DEMITRI & ANNUZIATA DIVITTORIO. be further ADJOURNED to the MAY 31, 2012 meeting. THAT item 25, File Nos. A105/12– STEPHEN ONGARO, is WITHDRAWN. THAT item 26, File Nos. A108/12– TINA AND JACK MASSARELLI, be further ADJOURNED to the MAY 31, 2012 meeting, to allow time to arrange to meet with Engineering Department staff; THAT item 28, File Nos. A122/12– ADAM COLUCCI, be further ADJOURNED to the MAY 31, 2012 meeting. THAT item 29, File Nos. A124/12– 1801402 ONTARIO INC., be further ADJOURNED to the JULY 12, 2012 meeting. THAT item 30, File Nos. A126/12– JERRY IP, be further SINE DIE. CARRIED. On May 17, 2012 an e-mail was received from Lisa Di Clemente, the agent, requesting that item 27, File Nos. A118/12– PAOLA BALDASSARRA-JUHASZ be HEARD EARLIER IN THE MEETING, as the agent has another commitment to attend to; MOVED by M. Mauti Seconded by A. Perrella THAT item 27, File Nos. A118/12– PAOLA BALDASSARRA-JUHASZ be HEARD FIRST. CARRIED.

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May 23, 2012

Anatoli Monasevich and Eleonora Kotliarski 31 Redmond Drive, Thornhill, ON L4J 0B6 Dear Anatoli Monasevich and Eleonora Kotliarski

Re:

Please be advised that at the Committee of Adjustment meeting of Thursday, May 17, 2012, the Committee agreed to further ADJOURN the above-mentioned application, as per the original request for adjournment dated April 30, 2012, to allow time for staff to review and provide comments regarding the application. The new hearing was re-scheduled for MAY 31, 2012 at 6:00 p.m. in the 2ND FLOOR COMMITTEE ROOMS 242/243. Your and/or your agent’s attendance will be required at that time. There will be no formal notification to remind you of your meeting. This letter has also been copied to the interested parties listed below. PLEASE CHANGE THE SIGNAGE ON THE PROPERTY TO READ MAY 31, 2012, MEETING. A SIGNED FAX OR E-MAIL CAN BE SENT TO NOTIFY THIS OFFICE THAT THE CHANGE HAS BEEN DONE. If amendments are required to your application, please notify our office as soon as possible. If you have any questions regarding the above, please do not hesitate to contact the writer. Sincerely, Lenore Providence Assistant to the Secretary-Treasurer to Committee of Adjustment City of Vaughan

cc: Birenbaum, Steinberg, Landau, Savin & Colraine LLP, Attn: Mario Merocchi, 33 Bloor Street East, Suite 1000, Toronto, ON M4W 3H1 (Agent) Eduard Fraiman, 35 Redmond Drive, Vaughan, ON L4J 0B6 NG, Suk-wa Cecilia and Chow Kam Choy, 32 Rivington Avenue, Thornhill, ON L4J 0A9 Laurie Alkenbrack, Zoning Supervisor, Building Standards Department Marie Kennedy, Plans Examiner, Building Standards Department

COMMITTEE OF ADJUSTMENT 2141 Major Mackenzie Drive, Vaughan, Ontario, L6A 1T1

Tel [905] 832-2281 Fax [905] 832-8535

NOTICE OF APPLICATION MINOR VARIANCES

FILE NUMBER: A011/12 APPLICANT: Anatoli Monasevich and Eleonora Kotliarski PROPERTY: Part of Lot 14, Concession 2, (Part of Lot 141, Registered Plan

65M-3906, municipally known as 31Redmond Drive, Thornhill).

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Page 1 of 1

Development Planning Department I City of Vaughan I 2141 Major Mackenzie Drive I Vaughan, ON L6A 1T1

T: 905.832.8585 I F: 905.832.6080 I www.vaughan.ca

DATE:

May 22, 2012 REVISED

TO:

Todd Coles, Committee of Adjustment

FROM:

Mark Antoine, Development Planning Department

MEETING DATE:

May 31, 2012

OWNER: Anatoli Monasevich and Eleonora Kotliarski FILE(S): A011/12 Location:

31 Redmond Drive, Vaughan

Proposal:

The Owner is requesting permission to maintain an existing deck and hot tub enclosure with the following variances:

Variance Proposed Required 1 Minimum rear yard setback to an

uncovered deck 0.0 m 4.2 m

2 Minimum interior side yard setback 0.0 m (both sides)

1.2 m

3 Minimum interior side yard setback to an accessory structure (hot tub enclosure)

0.33m 1.2m

4 Minimum rear yard setback to an accessory structure

0.51m 6.0m

Official Plan:

The subject lands are designated “Low Density Residential” by in-effect OPA #600 (Carrville - Urban Village 2). The subject lands are also designated “Low Rise Residential” by the new City of Vaughan Official Plan 2010, which is subject to approval from the Ontario Municipal Board. The proposal conforms to the policies of the Official Plan.

Comments:

Development Planning Staff conducted a site visit with photo documentation on December 12, 2011. The subject lands are developed with a two storey single detached dwelling on a wide and shallow lot, which abuts the rear yard of another single detached dwelling to the east. An enclosed cabana and hot tub is located on the deck in the southeast portion of the rear yard. The existing deck is approximately 0.6 m in height, and is constructed with 0.0 m setbacks to the rear and side yards. It is in the opinion of the Development Planning Department that the constructed deck and hot tub enclosure is not desirable for the appropriate development of land, as the current rear and side yard setbacks may adversely impact the abutting dwellings to the north, south, and east of the subject lands. Additionally, the eaves of the hot tub enclosure appear to encroach into the interior side lot of the abutting property to the south. Accordingly, the Development Planning Department is of the opinion that the as-built setbacks to the rear and interior side yards for the deck and hot tub enclosure are not minor in nature, do not meet the intent of the Zoning By-law, and are not desirable for the appropriate development of the land, therefore failing three of the “four tests” as stipulated by Section 45(1) of the Planning Act.

Recommendation:

The Development Planning Department does not support Minor Variance Application A011/12

Condition(s):

None.

RECEIVED

May 22, 2012 VAUGHAN COMMITTEE

OF ADJUSTMENT

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