Loading...
HomeMy WebLinkAbout2025-04-24Clarbgtoii Committee of Adjustment Meeting Teams Video Meeting & Teleconference Thursday, April 24, 2025 Time: 6:30pm If this information is required in an alternative format, please contact the Accessibility Coordinator at 905-623-3379 ex. 2131 Audio/Video Record: If you attend at a Committee of Adjustment meeting, your audio and video may be recorded. Microsoft Teams Need help? Join the meeting now Meeting ID: 276 272 253 921 Passcode: kw9ET9Lk Dial in by phone +1 289-274-8255„530562498# Canada, Oshawa Find a local number Phone conference ID: 530 562 498# For organizers: Meeting options I Reset dial -in PIN Agenda 1. Call the meeting to Order 2. Land Acknowledgement 3. Declaration of Interest and Opening Statements 4. Swearing in Ainsley Johnston 5. Consent Applications to be heard: File Number: B-2025-0011 Owner/Agent: Lynda Farrow Staff: Jacob Circo Address: 18 Rose Cres., Newtonville File Number: B-2025-0012 and B-2025-0013 Owner/Agent: Jonah Szent-lvany Staff: Jacob Circo Address: 5 Lynwood Ave., Courtice 6. 5 Minute Recess 7. Declaration of Interest 8. Minor Variance Applications to be heard: File Number: A-2025-0003 — A-2025-0005 Owner/Agent: Craig Noftle Staff: Akibul Hoque Address: 287 Liberty St N, Bowmanville File Number: A-2025-0007 Owner/Agent: Howard Li Staff: Hebah Masood Address: Planview Heights File Number: A-2025-0008 and A-2025-0009 Owner/Agent: Howard Li Staff: Hebah Masood Address: TH Bowmanville File Number: A-2025-0010 and A-2025-0011 Owner/Agent: Lynda Farrow Staff: Akibul Hoque Address: 18 Rose Cres., Newtonville File Number: A-2025-0012 Owner/Agent: Harry Olsen Staff: Akibul Hoque Address: 4488 Reid Road, Clarington File Number: A-2025-0014 and A-2025-0016 Owner/Agent: Jonah Szent-lvany Staff: Ainsley Johnston Address: 5 Lynwood Ave., Courtice File Number: A-2025-0015 Owner/Agent: Emily Santos Staff: Akibul Hoque Address: 6100 Henry Road, Kendal 9. New Business • Proposed Procedural Update 10.Approve Minutes from the previous Committee of Adjustment meeting 11.Adjournment Clarington Summary of Comments Submitted B2025-0011 18 Rose Crescent, Newtonville Planning and Infrastructure Services Committee of Adjustment Municipal Departments / External Agencies Comment Clarington Building Division No Concerns Clarington Development Engineering Division See Attachment 1 Regional Municipality of Durham Community Growth and Economic Development See Attachment 2 Regional Municipality of Durham Health Department See Attachment 2 Regional Municipality of Durham Works Department See Attachment 3 Municipality of Clarington Committee of Adjustment B2025-0011 Page 2 If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Date of Meeting: April 24, 2025 File Numbers: B2025-0011 Address: 18 Rose Cresent, Newtonville Report Subject: Seeking consent to facilitate the creation of a new 2,448.5 square metre rural residential lot with a lot frontage of 48.02 metres (Part 2 on the draft reference plan) while retaining a 2,447.3 square metre rural residential lot with a lot frontage of 59.88 metres (Part 1 on the draft reference plan). The proposed severed parcel will support the creation of a single detached dwelling. Recommendations: 1. That the Report for Consent file B2025-0011 be received. 2. That all written comments and verbal submissions are considered in the deliberation of this application. 3. That applications B2025-0011 for consent be tabled subject to the conditions herein, and for up to one (1) year and no later than April 2026. 4. That all interested parties listed in this report be forwarded a copy of the Committee's decision. Municipality of Clarington Committee of Adjustment B2025-0011 Page 3 1.1 Owner: Ryan Farrow 1.2 Agent: Lynda Farrow 1.3 Proposal: Seeking consent to facilitate the creation of a new 2,448.5 square metre rural residential lot with a lot frontage of 48.02 metres (Part 2 on the draft reference plan) while retaining a 2,447.3 square metre rural residential lot with a lot frontage of 59.88 metres (Part 1 on the draft reference plan). The proposed severed parcel will support the creation of a single detached dwelling (see Figure 2). 1.4 Location: 18 Rose Crescent, Newtonville (see Figure 1) 1.5 Area of Existing Lot: 4,895.8 square metres 1.6 Area of Severed: 2,448.5 square metres 1.7 Area of Retained: 2,447.3 square metres 1.8 Zoning: "Residential Hamlet (RH)" within Zoning By-law 84-63 1.9 Clarington Official Plan Hamlet Designation: 1.10 Heritage Status: None 1.11 Water/Sanitary Supply: Municipal water and septic, Municipal ditches/swales. Municipality of Clarington Committee of Adjustment B2025-0011 Land Division Application: B2025-0011 Nature of Application: Creation of a new lot Municipality: Clarington Clarington Address: 18 Rose Crescent N Retained Parcel w - severed Parcel F s Page 4 0 12.5 25 50 75 100 Meters Figure 1 — Lands subject to the consent application Municipality of Clarington Committee of Adjustment B2025-0011 Page 5 M lrn - OW7 rw _73 _ O fY17-000I 1 .�� `• \ � -w ors <.) rrrrr •Mr r .RAM •W_,wX ' A IMr r ItAv 'm - Y7 f a")' T - "" PART 1 PART 2 41 t r F- rvr 9, w.w d1-INr: wr •roOrlO2 - _ n,•, rd� `PJ M am amr (KNO- AS) ROSE CRESCENT rw am - aaer ROSE CRESCENT por tm �s ruc wo�r rr� rra� Jwr¢r n �ra�� ar-rn . rsr. rnrav�J Or �f>o� rtr a�arq Figure 2 — Draft reference plan for the proposed consent application. Part 1 of the draft reference plan is the proposed retained parcel while Part 2 is the proposed severed parcel. 2. Background 2.1 On February 28, 2025, Planning Staff received a Consent Application and Minor Variance Application from the agent of 18 Rose Crescent, Newtonville. The proposed application is to facilitate the creation of a new rural resident lot. The intention of the applicant/owner is to sell the proposed severed parcel (see Figure 2). 2.2 The subject property as it is today, contains an existing accessory building, but no principal dwelling. The proposal intends to retain this accessory building on the newly created retained lot. However, Zoning By-law 84-63 does not permit accessory buildings on lots that do not contain a principal dwelling. Furthermore, accessory buildings/structures are accessory to a principal residential use and are not permitted by the zoning by-law to be on a rural residential property unless a dwelling existed on the subject property. As a condition of the consent application, the applicant/owner will be required to demonstrate legal non- conforming of the existing accessory building was in existence prior to the passing of the former zoning by-law, Clarke By-law 1592, on May 28,1968 in order to retain the existing accessory building on the lot without a dwelling (see Attachment 4). Municipality of Clarington Committee of Adjustment Page 6 B2025-0011 2.3 During a site visit conducted by Staff on April 10, 2025, it was observed that a shipping container was being stored at the rear of the accessory building on the subject property. According to Section 3.1.h) of Zoning By-law 84-63, shipping containers are not permitted to be used as accessory structures or stored on properties within the Municipality of Clarington. As a condition of the consent application, the applicant/owner must demonstrate that the existing shipping container qualifies as a legal non -conforming use by proving it was in place prior to the enactment Clarke By-law 1592, on May 28,1968 in order to keep it on proposed retained parcel (see Attachment 4). Should legal non -conforming status not be able to be demonstrated the shipping container must be removed. 3. Land Characteristics and Surrounding Uses 3.1 The subject property is located Southeast of Highway 2 on the north side of Rose Crescent. (See Figure 1). The subject property has an area of 4,895.80 square metres and lot frontage of 107.9 metres. 3.2 The surrounding uses are as follows: a. South — Rural Residential lots with single detached dwellings, Agricultural Farmlands and Highway 401; b. North- Rural Residential lots with single detached dwellings, commercial lands (i.e., Newtonville Country Store and a restaurant), and Agricultural Farmlands; c. East — Rural Residential lots with single detached dwellings; and d. West — Rural Residential lots with single detached dwelling, Lakeview Cemetery, and Agricultural Farmlands. 4. Public Notice and Submissions 4.1 Pursuant to the requirements of the Planning Act, the appropriate signage notifying of the application was installed on the subject lands. In addition, a public notice was mailed to each landowner within 60 metres of the subject lands. 4.2 At the time of writing this report, Staff have not received any written letters of opposition regarding the proposal. 4.3 The purpose of consent application on the signage and mailout indicated that the proposed retained parcel contains an existing single detached dwelling, this is a clerical error as there is no single detached dwelling on the proposed retained parcel except an existing accessory building and shipping container. The purpose of the consent application has been revised in this Staff Report. Municipality of Clarington Committee of Adjustment B2025-0011 5. Policy Page 7 5.1 A complete policy analysis will be undertaken and included with the future recommendation report for lifting the applications from the table. Discussions with staff are on -going. 6. Recommendation 6.1 The recommendation from Planning Staff is that applications B2025-0011 be tabled, as per the recommendations of Regional Municipality of Durham's Community Growth & Economic Development Department and Health Department for up to one (1) year and no later than April 2026 (see Attachment 2). Prepared by: Jacob Circo Acting Secretary -Treasurer, Committee of Adjustment Planning and Infrastructure Services Municipality of Clarington Concurrence: This report has been reviewed by Sarah Parish, MCIP, RPP, Principal Planner, who concurs with the recommendations. Staff Contact: Jacob Circo, Planner, (905) 623-3379 x2425 or jcirco .clarington.net. Attachments: Attachment 1 — Municipality of Clarington Engineering Division's Comments Letter Attachment 2 — Regional Municipality of Durham Community Growth and Economic Development Department Comments Letter Attachment 3 — Regional Municipality of Durham Works Department Comments Letter Attachment 4 — Photos of existing accessory building and shipping container on the subject property Interested Parties: The following interested parties will be notified of Committee's decision: Lynda Farrow Ryan Farrow Clarington MEMO If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. To: Jacob Circo, Planner II From: Karen Richardson, Manager of Development Engineering Date: April 09, 2025 Subject: Minor Variance Application B2025- 0011 File: Applicant: Lynda Farrow Address: 18 Rose Cresent, Newtonville Part Lot 08, Concession 01, Former Township of Clarke Seeking consent to facilitate the creation of a new 2,448.5 square metre rural residential lot with a lot frontage of 48.02 metres (Part 2 on the draft reference plan) while retaining a 2,447.3 square metre rural residential lot with a lot frontage of 59.88 metres (Part 1 on the draft reference plan). The proposed severed parcel will support the creation of a single detached dwelling while the retained parcel will keep the existing single detached dwelling and existing accessory buildings. Development Engineering has reviewed the above -noted application. We have no objection to this proposal. FOLLOWING COMMENTS ARE REQUIRED AT BUILDING PERMIT STAGE Building Permit Requirements The applicant/owner must apply for a Building Permit with the Municipality which includes all requirements of the Planning and Infrastructure Services Department regarding the engineering and construction of all internal and external works and services related to this proposal. These requirements include the following: Grading and Drainage The applicant/owner must provide as part of the Building Permit, a detailed Lot Grading and Servicing Plan that conforms to the Municipality of Clarington Design Guidelines and is satisfactory to the Deputy CAO of Planning and Infrastructure Services. The Grading Plan must demonstrate that there is no impact on any adjacent properties as a result of this development. It must also include any erosion and sediment control measures required during construction. The Grading Plan will be subject to the approval of the Deputy CAO. These lands are not serviced with municipal sanitary sewer services. The applicant must depict the locations of the proposed septic, and reserve septic beds. The The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1 C 3A6 1-800-563-1195 1 Local:905-623-3379 1 info@clarington.net I www.clarington.net Page 11 B2025-0011 / A2024-0010/0011 location of the septic services will be subject to the approval of the Municipality and the Region of Durham Health Unit. The applicant should install LIDs on -site to mitigate the increased surface runoff resulting from additional impervious surfaces. Entrance Permit The applicant/owner must apply for an Entrance Permit to facilitate the construction of an entrance from the subject property to Rose Crescent Street. The applicant/owner will be responsible for any cost necessary in providing a connecting access which may include utility relocation, entrance paving, curb cuts, restoration etc. More information on Entrance Permits can be found online at Clarington.net or through By-law 2015-040. Municipal Road Occupancy The following notes must be provided on all applicable drawings: "Respecting all work in the municipal right-of-way, the contractor is to provide at least 48 hours prior notice to the Clarington Public Works Department staff at (905) 263-2291 ". "A Road Occupancy Permit will be required for any work done in the municipal road allowance. Excavation of the road surface is not permitted between December 1st and April 30t"" "All restoration or work done in the road allowance must be completed as per municipal field staff direction". "The performance guarantee will not be refunded by the Municipality of Clarington unless the works have been inspected by municipal representatives and deemed to be complete and satisfactory". Development Deposit The applicant will be responsible to provide a Development Deposit in the amount of $3,000.00 per lot. The deposit will include but not be limited to the following works within the municipal right-of-way: • Boulevard restoration including sodding. • Replacement of any street trees that are damaged or removed during construction. Page 12 • Relocation of any utilities within the boulevard. The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1 C 3A6 1-800-563-1195 1 Local:905-623-3379 1 info@clarington.net I www.clarington.net B2025-0011 / A2024-0010/0011 Once the work has been completed, the applicant will notify the Municipality and the property will be inspected by municipal field staff to confirm that all appropriate restoration within the municipal right-of-way is satisfactory and that the grading generally meets the approved Lot Grading Plan provided with the Building Permit. The Development Deposit will be refunded when all works and restoration have been completed to the satisfaction of the Deputy CAO of Planning and Infrastructure Services. Any decision with respect to the release of the guarantee will be made at the sole discretion of the Deputy CAO of Planning and Infrastructure Services. Soil Management Report — Site Alteration Should a future Site Plan application be required, the Municipality will require a Soil Management Report be prepared for the Site and submitted for review and approval prior to Site Plan approval. The scope of the Soil Management Report is described in Section 5 of the Municipality's Site Alteration Permit. Every effort must be made to minimize the importing and exporting of material. Should Site Alteration Works be necessary, in advance of the approval of the future consent, a permit is required from the Municipality under Site Alteration By- law 2008-114, as amended, and from the conservation authority for a regulated area under their jurisdiction. Securities may be required. The applicant must demonstrate compliance with Ontario Regulation 406/19 and the MECP Rules for soil management and excess soil quality standards for development beginning on/or after January 1, 2023. The applicant shall confirm whether works completed to date (i.e., sampling completed through ESAs and Geotechnical Investigations) are in compliance with and/or satisfy the requirements of the Regulation. Should Site Alteration Works be necessary, as part of the development process, a Soils Management Report is required prepared by a Professional Engineer and submitted to the Deputy CAO of Planning and Infrastructure Services for approval. The applicant will be responsible to meet all current excess soil regulations. The approval of a permit under the Site Alteration By-law or Soils Management Report will require providing information respecting any proposed import or export of fill to or from any portion of the Lands, intended haulage routes, the time and duration of any proposed haulage, the source of any soil to be imported, quality assurance measures for any fill to be imported, and any proposed stockpiling on the subject lands. Soils Management Report and Plans need to address the following areas: Page 13 The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1 C 3A6 1-800-563-1195 1 Local:905-623-3379 1 info@clarington.net I www.clarington.net B2025-0011 / A2024-0010/0011 1) Proposed haul route, demonstrating shortest routes and least impact to municipal roads, traffic and residents. It shall be noted that weight restrictions are in effect on Municipal roads annually approximately between March 1 st and April 30th. When in effect, vehicle loads are restricted to five (5) tonnes per axle. Hauling plans must consider this restriction. Visit the Municipality of Clarington Weight Restrictions webpage to confirm what roads are exempt: Weight Restrictions - Clarington. 2) Proposed schedule with precise start and end dates. 3) Estimate of how many cubic meters to be hauled, how many trucks per day. 4) A description of the proposed fill, confirming it originates from within the Municipality of Clarington and describing source locations and confirmation from a qualified expert that it contains no contaminated fill, as defined in the Municipality's current Site Alteration By-law. 5) Daily haulage time restrictions where public may be impacted (i.e. rush hour traffic, school areas, park areas, etc.). 6) Mud and dust control program for both source and dump sites, including who will be monitoring the haulage to ensure conformance to these conditions. This also includes monitoring and cleaning mud mats and roadways at both sites. The Municipality is to be provided with the contact's name and position, their 24 hour phone number and what company they are using to clean Municipal roads. 7) When route is approved by the Municipality, a precondition assessment and post haulage assessment to determine any damage and required repairs to the satisfaction of the Municipality. 8) Written commitment from applicant to ensure their contractor, subcontractor and all associated parties adhere to these requirements and any additional conditions that the Deputy CAO of Planning and Infrastructure Services determines appropriate under the Municipality's current Site Alteration By-law. Page 14 The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1 C 3A6 1-800-563-1195 1 Local:905-623-3379 1 info@clarington.net I www.clarington.net B2025-0011 / A2024-0010/0011 9) Any Municipal approval is based on the understanding that the applicant has obtained prior to the work, the necessary approvals from any other agencies, including the Conservation Authority where appropriate. Provide written confirmation of consultation and acceptance of the proposal from the Conservation Authority. 10) Absolutely no alteration of either the source or destination site shall occur until the Municipality has approved the Soils Management Plan and/or Site -Alteration Permit (e.g. Silt fence installation, tree clearing, mud mat construction, etc.). General Requirements and Conditions All works and services must be designed and constructed in accordance with the Municipality of Clarington Design Criteria and Standard Drawings, provisions of the Municipality Development By -Law and all applicable legislation and to the satisfaction of the Deputy CAO of Planning and Infrastructure Services. If you have any questions regarding the above -noted comments, please contact Ajay Kumar Alagarsamy, Planning and Infrastructure Services Department. Karen Richardson, P.Eng. Manager of Development Engineering, Planning and Infrastructure Services KR/AKA cc: Page 15 The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1 C 3A6 1-800-563-1195 1 Local:905-623-3379 1 info@clarington.net I www.clarington.net The Regional Municipality of Durham Planning and Economic Development Department 605 Rossland Rd. E. Level 4 PO Box 623 Whitby, ON L1 N 6A3 Canada 905-668-7711 1-800-372-1102 Email: planning@durham.ca durham.ca Brian Bridgeman, MCIP, RPP, PILE Commissioner of Planning and Economic Development April 22, 2025 Jacob Circo Acting Secretary/Treasurer Committee of Adjustment Planning and Infrastructure Services Municipality of Clarington 40 Temperance Street Bowmanville ON L1 C 3A6 Dear Jacob: Re: Application for Consent B2025-0011 Durham Ref.: LD 033/2025 Applicant: Lynda Farrow Location: 18 Rose Crescent, Newtonville Municipality: Clarington Hearina Date: April 24. 2025 RECOMMENDATION: That application B2025-0011 be deemed premature at this time. PURPOSE The purpose of the application is consent to sever a vacant 2,448.5 square metre hamlet residential lot, retaining a 2447.3 square metre hamlet residential lot with an existing dwelling. The proposed severed parcel will support the creation of a single detached dwelling. REGIONAL OFFICIAL PLAN (ENVISION DURHAM), PROVINCIAL PLANNING STATEMENT, AND PROVINCIAL PLAN REVIEW RESPONSIBILITIES Please be advised effective January 1, 2025, the Region became an upper -tier municipality without planning responsibilities. As such, comments pertaining to conformity and consistency with the Region of Durham Official Plan and provincial plans and policies and those comments relating to the Region's delegated provincial plan review responsibilities fall under the purview of the respective area municipality. If you require this information in an accessible format, please contact Planning Reception or call 1-800- 372-1102 extension 2548. LD 033/2025 AGENCY COMMENTS Region of Durham Health Department The above noted application has been reviewed by the Regional Health Department and we are unable to issue comments or conditions at this time. The Region of Durham requires a peer review by one of the Region's Peer Review Consultants of the Hydrogeological Study to be conducted, to the Region's satisfaction. We have reviewed the submitted information and the peer review can be initiated. Please note that both lots will be municipally serviced for water so the Peer Review Terms of Reference must be updated to remove any reference to the private water supply and D 5-5. Region of Durham Works Department The Region of Durham Works Department has indicated that it has no objection to the approval of the above noted consent application, subject to the applicant fulfilling the conditions outlined in its commenting letter, dated April 17, 2025. CONCLUSION The proposed severance application would permit the creation of one new residential lot to accommodate the development of a single - detached dwelling unit. The proposed application supports residential infilling and compact development. However, until such time as the submitted hydrogeological report is peer reviewed to the Region's satisfaction, conformity to the Region of Durham Official Plan cannot be determined. As such, the Region of Durham recommends that this application be deemed premature. Yours truly, M ad i o- M cK Madison McKinlay Student Planner Davi& Pe4- %vw David Perkins Project Planner -2- File: April 17, 2025 Community Growth and Economic Development _ Regional Municipality of Durham • 605 Rossland Road East, 4th Floor The Regional P.O. Box 623 Municipality Whitby, ON L1 N 6A3 of Durham Sent via Planit Works Department Attention: Lino Trombino 605 Rossland Rd. E. PO Box 623 Whitby, ON L1N 6A3 Re: LD 033/2025 (B2025-0011) Canada Dan Choi & Ryan Farrow 905-668-7711 Agent: Lynda Farrow 1-800-372-1102 18 Rose Crescent Fax: 905-668-2051 E-mail: Part Lot 8, Concession 1 works@durham.ca Municipality of Clarington www.durham.ca Please be advised that our department has no objection to the granting of Ramesh Jagannathan, approval for the above noted severance application. M.B.A., M.Eng., P.Eng., P.T.O.E. The application is for the consent to sever a vacant 2,448.5 hamlet residential lot, retaining a 2447.3 square metre hamlet residential lot with an existing dwelling to be retained. According to our records, 18 Rose Crescent is not connected to Regional Services. 18 Rose Crescent is located within the Region's urban boundary and the severed and retained parcels will be required to connect to the Region's water supply network as a condition of approval of this application. The Region's sanitary sewer network is not available and private sanitary servicing will be required. Two new water service connections will need to be installed by Regional forces within the right-of-way, to the property line of the severed lots. New water connections in this area are subject to water rights charges, a payment of $6000 will be required for payment of water rights to permit each new water service connection. In addition to the water rights charges you will be required to enter into a water rights agreement to register the buy in rights to the property. As a condition of approval for this application, the applicant will be required to pay the Regional connection fees for the new water services. In order to ensure the foregoing, our department requires our following standard condition to be imposed: "That the applicant satisfies all the requirements of the Regional Municipality of Durham concerning the provision of Regional services, financial and otherwise." LD 033/2025 (82025-0011) 18 Rose Crescent Municipality of Clarington Page 2 of 2 In order to satisfy the Regional Works Department conditions, the applicant will be required to fulfill the following: 1. Payment for 2 water service connections at $3,885.00 per connection (flat rate): = $7,770.00 2. Payment for Newtonville water rights at $6000 per property: = $12,000.00 The total amount owing at the current rate is $19,770.00. Payment shall be made by certified cheque or credit card. The above fees are subject to revision on January 1, 2025. Regional connection permits will be issued to the applicant once the above payment is remitted to our department. The severed land will be subject to Regional development charges at the time of building permit issuance. The Region of Durham will not permit the connection of weeping tiles to the sanitary sewer system for the severed lands in accordance with the Region's Foundation Drain Policy. In the event you have any questions, please contact the undersigned. Yours truly, Grant Young C.E.T. Development Approvals Technician grant.young(a)-durham.ca 905 668 7711 extension 2479 If this information is required in an accessible format, please contact 1-800-372-1102 ext. 3753. Attachment 4: Photos of existing accessory building and shipping container on the subject property Photo of existing accessory building on the subject property Photo of existing shipping container on the subject property Clarftwn Summary of Comments Submitted 132025-0012-to-132025-0013 5 Lynwood Avenue, Courtice Planning and Infrastructure Services Committee of Adjustment Municipal Departments / External Agencies Comment Building Division No concerns. Development Engineering Division See Attachment 1 Clarington Fire and Emergency Services Department No fire safety issues/concerns Region of Durham Community Growth and Economic Development See Attachment 2 Region of Durham Works Department See Attachment 3 Municipality of Clarington Committee of Adjustment B2025-0012 & B2025-0013 Page 2 If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Date of Meeting: April 24, 2025 File Number: B2025-0012-to-B2025-0013 Address: 5 Lynwood Avenue, Courtice Report Subject: Seeking consent to facilitate the creation of two new residential lots. Part 1 of the draft reference plan is the retained parcel with a lot frontage 21.34 metres and a lot area of 682.8 square metres. The proposed severed parcels include Parts 2 and 3 of the draft reference plan. Part 2 has a lot frontage of 12.19 metres and a lot area of 390.08 square metres. Part 3 has a lot frontage of 12.19 metres and a lot area of 390.08 square metres. The existing single detached dwelling and accessory buildings on the subject property will be demolished. Recommendations: 1. That the Report for Consent file B2025-0012-to-B2025-0013 be received. 2. That all written comments and verbal submissions are considered in the deliberation of this application. 3. That application B2025-0012-to-B2025-0013 for consent be approved subject to the conditions herein. 4. That all interested parties listed in this report be forwarded a copy of Committee's decision. Municipality of Clarington Committee of Adjustment B2025-0012 & B2025-0013 Page 3 1. Application Details 1.1 Owner/Applicant: Jonah & Luke Szent-lvany 1.2 Proposal: Seeking consent to facilitate the creation of two new residential lots. Part 1 of the draft reference plan is the retained parcel with a lot frontage 21.34 metres and a lot area of 682.8 square metres. The proposed severed parcels include Parts 2 and 3 of the draft reference plan. Part 2 has a lot frontage of 12.19 metres and a lot area of 390.08 square metres. Part 3 has a lot frontage of 12.19 metres and a lot area of 390.08 square metres. The existing single detached dwelling and accessory buildings on the subject property will be demolished. 1.3 Area of Existing Lot: 1,462.8 square metres 1.4 Area of Severed Lots: 390.08 square metres (Part 2) and 390.08 square metres (Part 3) 1.5 Area of Retained Lot: 682.8 square metres (Part 1) 1.6 Location: 5 Lynwood Avenue, Courtice (see Figure 1) 1.7 Zoning: Urban Residential Exception (R1-32) Zone 1.8 Clarington Official Plan Urban Residential Designation: 1.9 Heritage Status: None 1.10 Water Supply: Municipal 1.11 Existing Sewage Septic Disposal: 1.12 Proposed Sewage Municipal Disposal: Municipality of Clarington Committee of Adjustment B2025-0012 & B2025-0013 Land Division Application: B2025-0012 & B2025-0013 Nature of Application: Creation of new lots Municipality: Clarington Clffi boon Address: 5 Lynwood Avenue _ Part 1 - Retained Parcel N w-10L - Part 2 - Severed Parcel e Part 3 - Severed Parcel S 0 5 10 20 30 40 Meters Figure 1 — Aerial Overview of the Subject Lands Page 4 Municipality of Clarington Committee of Adjustment B2025-0012 & B2025-0013 2. Background Page 5 2.1 On March 21, 2025, an application was received from Jonah Szent-Ivany, for consent to sever lands municipally known as 5 Lynwood Avenue, Courtice. The effect of the subject application will be to create two (2) severed lots and one (1) retained lot. The lots associated with this application are proposed in the draft reference plan shown in Figure 2. 2.2 The dwelling and accessory building in Figure 2 below is existing and is proposed to be demolished. f� Y 'Ci .av PAPt 3 i �� qa INS .f PART 1 .w :45 SMpp� Figure 2 — Draft 40R reference plan I Land Characteristics and Surrounding Uses 3.1 The subject property is located a 5 Lynwood Avenue, Courtice. The property is north of Nash Road and West of Courtice Road. The subject property's surrounding land uses are low density residential dwellings to the north, east, south and west of the subject lands. 4. Public Notice and Submissions 4.1 Pursuant to the requirements of the Planning Act, the appropriate signage notifying of the application was installed on the subject lands. In addition, a public notice was mailed to each landowner within 60m of the subject lands. 4.2 At the time of writing this report, Staff have received one letter from a neighbour in opposition to the consent and minor variance applications. Concerns were related to the lot sizes. Municipality of Clarington Committee of Adjustment Page 6 B2025-0012 & B2025-0013 5. Provincial Policy 5.1 Planning Act: Section 53(12) of the Planning Act requires that the criteria set out under Section 51(24) shall be given regard for matters such as: health, safety, convenience, accessibility for persons with disabilities and welfare of the present and future inhabitants of the municipality when considering an application for Consent. For the purposes of this review, it is the opinion of the Planning and Infrastructure Services Department that the proposed application is consistent with the criteria (a) — (m) of Section 51(24) under the Act. Provincial Planning Statement (2024) 5.2 Section 2.2 Housing: Planning authorities shall provide for an appropriate range and mix of housing options and densities to meet projected needs of current and future residents of the regional market area by: permitting and facilitating all types of residential intensification, introduction of new housing options within previously developed areas, and redevelopment, which results in a net increase in residential units in accordance with policy 2.3.1.3. 5.3 Section 2.3 Settlement Areas: Settlement areas shall be the focus of growth and development. Land use patterns within settlement areas shall be based on densities and a mix of land uses. Land use patterns within settlement areas shall also be based on a range of uses and opportunities for intensification and redevelopment application is consistent with the criteria within the PPS. 5.4 The subject application will facilitate the intensification of a previously developed area and assist in meeting current and projected housing needs. It is the opinion of Staff that the proposed application is consistent with the Planning Act, R.S.O. 1990, c. P.13, and Provincial Planning Statement (2024). 6. Durham Regional Official Plan (Envision Durham) 6.1 Effective January 1, 2025, the Region is an Upper -tier municipality without planning responsibilities. As such, the comments pertaining to conformity and consistency with the Region of Durham Official Plan and provincial plans and policies and those comments relating to the Region's delegated provincial plan review responsibilities now fall under the purview of the area municipalities. 6.2 The subject site is designated as "Community Areas" in the Region of Durham Official Plan (ROP) which are intended to accommodate a wide variety of housing types and densities. Residential infill development is permitted within this designation and supports opportunities to increase the supply of housing and utilization of land and resources. The application conforms with the policies of the ROP by meeting housing objectives and by capitalizing on existing infrastructure. 6.3 It is staff's opinion that the consent application conforms to the intent of the Durham Regional Official Plan. Municipality of Clarington Committee of Adjustment B2025-0012 & B2025-0013 7. Clarington Official Plan Page 7 7.1 The proposed consent application is subject to policies within Section 23.7 - Severances of the Clarington Official Plan. Official Plan Policy 23.7 Addressed a) Scattered residential development Planning Staff is satisfied that this throughout the Municipality shall be application does not result in scattered prohibited residential development. b) Ribbon development along arterial Planning Staff is satisfied that this roads shall be prohibited and direct application does not result in ribbon access from arterial roads shall generally development and is not situated along an be restricted arterial road. c) Severances shall meet the No objections from the Regional Works requirements of the Region of Durham Department with regard to public and applicable provincial agencies, servicing have been received at the time regarding the provision of sewage of writing this report. disposal and water services, and may include entering into an agreement with the Region of Durham d) Severances shall only be given when The subject lands have frontage along a land fronts on an open and maintained Municipally opened and maintained road. public road. Notwithstanding, a The proposed consents do not result in landlocked parcel related to a land the creation of a landlocked parcel of assembly for future development in land. conformity to this Plan may be created e) The size of any parcel of land created Application is consistent in keeping with by severance should be appropriate for the character of the surrounding the use proposed in keeping with the neighbourhood and conforms to the character of the surrounding development policies within the Official neighbourhood and no parcel should be Plan and the Zoning By-law 84-63. created which does not conform to the provisions of this Plan and the implementing Zoning By-law Municipality of Clarington Committee of Adjustment B2025-0012 & B2025-0013 Page 8 f) Severances shall not be granted for Development Engineering is satisfied that land adjacent to a road from which this development does not create a traffic access is to be obtained if a traffic hazard hazard. See Attachment 1. would be created because of limited sight lines on curves or grades g) Severances to be granted shall be This application to create two new lots is conditional upon the applicant meeting all subject to the fulfillment of Municipal requirements of the Municipality, financial conditions — (See page 10 of this report and otherwise, and may include an agreement being entered into with the Municipality h) The Municipality is satisfied that a plan This application will result in the creation of subdivision is not required. Generally, of two (2) new lots and the Municipality is 3 lots are considered the maximum satisfied that this consent application number of new lots that may be created would not require a plan of subdivision. by severances from a parcel of land i) Where a property has more than one Not applicable. The subject lands are not land use designation, a land severance under multiple land use designations. along the boundary of two different designations is permissible provided the severance does not contravene any applicable policies of this Plan j) In the Agricultural and Rural Not applicable. The subject lands are not designations, any severance applications designated Agricultural or Rural. for agricultural, farm -related uses, and farm -related industrial/commercial uses shall only be permitted in accordance with Sections 13.3.7, 13.3.8, 13.3.9, 13.3.11 and 13.3.12 k) The severance shall be in compliance Not applicable. The subject lands are not with the provisions of any site plan, subject to an additional planning subdivision or any other development application that would be registered agreements registered against the title of against the title of the subject lands. the subject lands Municipality of Clarington Committee of Adjustment Page 9 B2025-0012 & B2025-0013 7.2 For the purposes of this review, it is Staff's opinion that the proposal conforms to the severance policies under Section 23.7 a) — k). 7.3 Clarington's Urban Structure is identified on Map B and consists of Built-up Areas, Greenfield Areas, and Priority Intensification Areas. Development will be focused within the delineated Built-up Areas and the Priority Intensification Areas. The Priority Intensification Areas have been identified as the primary locations to accommodate growth and the greatest mix of uses, heights and densities. The subject lands are located within the built-up area of Bowmanville. 7.4 The subject property is designated Urban Residential within the Clarington Official Plan. The predominant use of lands designated Urban Residential shall be for housing purposes. 7.5 As per Section 9.4.6 in the Clarington Official Plan, the Municipality recognizes that established neighbourhoods are stable but not static, the Municipality encourages limited intensification in accordance with the criteria in Section 5.4.1 to ensure intensification projects are compatible with the adjacent neighbourhood. Section 5.4.1 requires that redevelopment in established neighbourhoods shall be designed to respect and reinforce the physical character of the established neighbourhood having regard to the pattern of lots, streets, blocks and the size and configuration of lots. Planning staff is satisfied that the creation of two new lots for the subject lands is consistent with the lot fabric of existing lots in the neighbourhood and can support the construction of a single detached dwelling. 7.6 It is staff's opinion that the consent application conforms to the intent and purpose of the Clarington Official Plan. 8. Zoning By -Law 84-63 8.1 The subject lands are zoned as "Urban Residential Exception (R1-32)" within Zoning By-law 84-63. Permitted uses in the "R1-32" zone include single detached dwellings as well as up to (2) Additional Dwelling Units subject to By-law 2024- 033, as amended within Zoning By-law 84-63. Residential built form is subject to regulations that apply to the "R1-32" Zone. The owners have indicated the intent to remove the existing dwelling and accessory buildings or structures that are existing, in order to facilitate the creation of two new lots. 8.2 Lot creation provisions for new lots created within the "R1-32" zone are subject to Section 12.4.32 of Zoning By-law 84-63. Section 12.4.32 provides regulations for minimum lot area and frontage for single detached dwellings. The applicants have indicated their intention to build a single detached dwellings on both the retained and severed parcels. The proposed retained parcel would be an exterior lot which requires a minimum lot area of 560 square metres and 20 metres of frontage. The two proposed severed parcels would be an interior lot which requires a minimum lot area of 560 square metres and 16 metres of frontage. Municipality of Clarington Committee of Adjustment Page 10 B2025-0012 & B2025-0013 8.3 The proposed total lot frontage for the severed parcels is 28.31 metres, with a total lot area of 579.61 square metres. Part 1 of the draft reference plan is the retained parcel with a lot frontage 21.34 metres and a lot area of 682.8 square metres. The proposed severed parcels include Parts 2 and 3 of the draft reference plan. Part 2 has a lot frontage of 12.19 metres and a lot area of 390.08 square metres. Part 3 has a lot frontage of 12.19 metres and a lot area of 390.08 square metres. The proposed retained parcel complies with the provisions laid out in Section 12.4.32 for a single detached dwelling lot, however, both proposed severed parcels do not meet the zoning requirements within the "R1-32" zone. As a condition of approval of the consent application, a minor variance application is required to address the lot deficiencies associated with the proposed severed parcels. A minor variance is not required for the proposed retained parcel. 8.4 It is staff's opinion that the proposed use of the subject lands is permitted, and any zoning deficiencies will be addressed through a minor variance. 9. Recommendation 9.1 Should the Committee deem it appropriate to approve the application, staff would request that the approval be conditional upon the owner, applicant or agent fulfilling the following conditions: Requirements: Section 1: General That the applicant satisfies all the requirements of the Municipality of Clarington's Development Engineering Department, financial and otherwise as detailed in the Development Engineering letter, dated March 31, 2025. 2. That the applicant satisfies all the requirements of the Regional Municipality of Durham's Community Growth & Economic Development Department, concerning the provision of Regional services, financial and otherwise as detailed in the Regional Community Growth & Economic Development Department letter, dated April 22, 2025. 3. That the applicant satisfies all the requirements of the Regional Municipality of Durham's Works Department, concerning the provision of Regional services, financial and otherwise as detailed in the Regional Works Department letter, dated April 22, 2025. 4. The owner, applicant or agent must enter into a consent agreement with the Municipality of Clarington. Municipality of Clarington Committee of Adjustment Page 11 B2025-0012 & B2025-0013 5. The owner, applicant or agent must provide a draft Reference Plan with the application which will be reviewed by the Planning and Infrastructure Department and approved by the Municipality prior to registration; Registration of this Reference Plan is done by the owner, applicant or agent's surveyor at the expense of the owner/applicant or agent and shall be completed prior to the registration of the consent agreement. 6. All taxes shall be paid in full to the Municipality of Clarington prior to the issuance of a clearance letter. 7. Once all other conditions have been satisfied, the applicant shall engage their solicitor to provide the Municipality with: a. The original executed transfer/deed a duplicate original and one (1) photocopy; b. One copy of the registered reference plan; c. An accompanying letter with a request that the severing transfer/deed be stamped. Section 2: Planning Requirements 8. Agent/owner is required to submit a minor variance application to seek approval from the Committee of Adjustment for a reduction in the minimum required lot area and lot frontage as per Section 12.4.32 of Zoning By-law 84-63 for the proposed two severed parcels. In order to clear this condition, the minor variance application is to be approved and become final and binding after a 20-day mandatory appeal period. 9. The applicant shall ensure that any new lots created through a severance, whether retained or severed, comply with the applicable provisions of Zoning By-law 84-63. 10. The applicant shall remove the dwelling and accessory buildings or structures from the proposed retained and severed lots. 11.To ensure that any new lot created through severance, whether retained or severed comply with all applicable provisions of Zoning By-law 84-63. Staff will review the registered reference plan once submitted to ensure compliance with all applicable zoning provisions. 12.The agent/owner is required to remit payment of the outstanding Region of Durham Health Department commenting fee of $915. Furthermore, the agent/owner is required to have septic system be removed at the satisfaction of the Municipality of Clarington and Region of Durham Health Department prior tc the registration of the consent agreement. Municipality of Clarington Committee of Adjustment B2025-0012 & B2025-0013 Page 12 13.The agent/owner is required to have all 3 proposed lots to be connected to municipal water and municipal sanitary services prior to the registration of the consent agreement at the satisfaction of the Municipality of Clarington and Region of Durham Works Department. 14.The Owner shall provide a cash -in -lieu of parkland payment in accordance with Section 53(12.1) and (13) of the Planning Act and the Municipality of Clarington's Parkland Dedication By-law and is based on the value of the lands on the day before the issuance of the first building permit. The value of the lands shall be supported by a certified land appraisal, to the satisfaction of the Deputy CAO of Planning and Infrastructure Services. Advisory Notes It is the owner, applicant/and or agent's responsibility to fulfill the conditions of consent approval within two (2) years from the date of the notice of decision pursuant to Section 53 of the Planning Act. We will issue no further notice or warning of the expiration of the two-year period. 2. If the conditions to consent approval are not fulfilled within two (2) years from the date of the notice of decision and the applicant is still interested in pursuing the proposal, a new consent application will be required. Prepared by: Jacob Circo Acting Secretary -Treasurer, Committee of Adjustment Planning and Infrastructure Services Municipality of Clarington Concurrence: This report has been reviewed by Sarah Parish, MCIP, RPP, Principal Planner, who concurs with the recommendations. Staff Contact: Jacob Circo, Planner, (905) 623-3379 x2425 or jcirco(a)_clarington.net. Interested Parties: The following interested parties will be notified of Committee's decision: Jonah & Luke Szent-lvany — Owner/Applicant Dolores Hickey Clarbgton MEMO If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. To: Jacob Circo, Planner II From: Karen Richardson, Manager of Development Engineering Date: March 31, 2025 Subject: Land Division application B2025-0012/0013 File: Applicant: Jonah Szent-Ivany Address: 5 Lynwood Avenue, Courtice This application is associated with Minor Variance Application (A2025-0014/0016) Consent to facilitate the creation of two new residential lots. Part 1 of the draft reference plan is the retained parcel with a lot frontage 21.34 metres and a lot area of 682.8 square metres. The proposed severed parcels include Parts 2 and 3 of the draft reference plan as follows: • Part 2 has a lot frontage of 12.19 metres and a lot area of 390.08 square metres. • Part 3 has a lot frontage of 12.19 metres and a lot area of 390.08 square metres. We have reviewed the above -noted application and have no objection to this proposal subject to the following comments: General comments There is currently an existing Canada Post outlet located on Westmore Steet. If this outlet will be impacted, the applicant is responsible for relocation. A relocation plan must be coordinated with Canada Post. Development Agreement The applicant/owner must enter into a consent agreement with the Municipality which includes all requirements of the Planning and Infrastructure Services Department regarding the engineering and construction of all internal and external works and services related to this proposal. These requirements include the following: The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1 C 3A6 1-800-563-1195 1 Local:905-623-3379 1 info@clarington.net I www.clarington.net Page 1 1 B2025-0012/0013 Road Excavation Excavation of Municipal Roads is not permitted between December 1st and April 30th. An appropriate clause must be included in the consent agreement Parks Division The applicant will be required to provide an appropriate cash contribution in lieu of the normal parkland dedication FOLLOWING COMMENTS ARE REQUIRED AT BUILDING PERMIT STAGE Building Permit Requirements The applicant/owner must apply for a Building Permit with the Municipality which includes all requirements of the Planning and Infrastructure Services Department regarding the engineering and construction of all internal and external works and services related to this proposal. These requirements include the following: Grading and Drainage The applicant/owner must provide this department with a detailed Lot Grading and Servicing Plan that conforms to the Municipality of Clarington Design Guidelines and is satisfactory to the Deputy CAO of Planning and Infrastructure Services. The Grading Plan must demonstrate that there is no impact on any adjacent properties as a result of this development. The future stormwater connection for Lot Part 1, Lot Part 2, and Lot Part 3 shall be made to the existing storm sewer on Westmore Steet. The Applicant is advised to use the existing STM connection where possible. Depending on how the servicing Contract moves forward, the applicant may be required to provide the Municipality for securities. The details have been attached to this memo. For lots with sump pumps that will release foundation water into the storm lateral, installing a bypass for each lateral is required. Please review the details in the attachment. Plan & Profile Plan for Westmore Steet has been attached to this comment memo for your review. Entrance Permit The applicant/owner must apply for an Entrance Permit to facilitate the construction of an entrance from the subject property to Westmore Street. The applicant/owner will be responsible for any cost necessary in providing connecting The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1 C 3A6 1-800-563-1195 1 Local:905-623-3379 1 info@clarington.net I www.clarington.net Page 12 B2025-0012/0013 access which may include utility relocation, entrance paving, curb cuts, restoration, and sidewalk adjustment. etc More information on Entrance Permits can be found online at Clarington.net or through By-law 2015-040. Municipal Road Occupancy The following notes must be provided on all applicable drawings: "Respecting all work in the municipal right-of-way, the contractor is to provide at least 48 hours prior notice to the Clarington Planning and Infrastructure Services Department staff at (905) 623-3379". "A Road Occupancy Permit will be required for any work done in the municipal road allowance. Excavation of the road surface is not permitted between December 1 st and April 30th". "All restoration or work done in the road allowance must be completed as per municipal field staff direction". "The performance guarantee will not be refunded by the Municipality of Clarington unless the works have been inspected by municipal representatives and deemed to be complete and satisfactory". Development Deposit The applicant will be responsible to provide a Development Deposit in the amount of $3,000.00 per lot. The deposit will include but not be limited to the following works within the municipal right-of-way: • Boulevard restoration including sodding. • Replacement of any damaged sidewalks. • Replacement of any street trees that are damaged or removed during construction. • Relocation of any utilities within the boulevard. Once the work has been completed, the applicant will notify the Municipality and the property will be inspected by municipal field staff to confirm that all appropriate restoration within the municipal right-of-way is satisfactory and that the grading generally meets the approved Lot Grading Plan provided with the Building Permit. The Development Deposit will be refunded when all works and restoration have been completed to the satisfaction of the Director of Planning and Infrastructure The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1 C 3A6 1-800-563-1195 1 Local:905-623-3379 1 info@clarington.net I www.clarington.net Page 13 B2025-0012/0013 Services. Any decision with respect to the release of the guarantee will be made at the sole discretion of the Director of Planning and Infrastructure Services. Soil Management Report — Site Alteration Should a future Site Plan application be required, the Municipality will require a Soil Management Report be prepared for the Site and submitted for review and approval prior to Site Plan approval. The scope of the Soil Management Report is described in Section 5 of the Municipality's Site Alteration Permit. Every effort must be made to minimize the importing and exporting of material. Should Site Alteration Works be necessary, in advance of the approval of the future consent, a permit is required from the Municipality under Site Alteration By-law 2008-114, as amended, and from the conservation authority for a regulated area under their jurisdiction. The applicant must demonstrate compliance with Ontario Regulation 406/19 and the MECP Rules for soil management and excess soil quality standards for development beginning on/or after January 1, 2023. The applicant shall confirm whether works completed to date (i.e., sampling completed through ESAs and Geotechnical Investigations) are in compliance with and/or satisfy the requirements of the Regulation. Should Site Alteration Works be necessary, as part of the development process, a Soils Management Report is required prepared by a Professional Engineer and submitted to the Director of Planning and Infrastructure Services for approval. The applicant will be responsible to meet all current excess soil regulations. The approval of a permit under the Site Alteration By-law or Soils Management Report will require providing information respecting any proposed import or export of fill to or from any portion of the Lands, intended haulage routes, the time and duration of any proposed haulage, the source of any soil to be imported, quality assurance measures for any fill to be imported, and any proposed stockpiling on the subject lands. Soils Management Report and Plans need to address the following areas: 1) Proposed haul route, demonstrating shortest routes and least impact to municipal roads, traffic and residents. It shall be noted that weight restrictions are in effect on Municipal roads annually approximately between March 1 st and April 30th. When in effect, vehicle loads are restricted to five (5) tonnes per axle. Hauling plans must consider this restriction. Visit the Municipality of Clarington Weight Restrictions webpage to confirm what roads are exempt: Weiaht Restrictions - Clarinaton. The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1 C 3A6 1-800-563-1195 1 Local:905-623-3379 1 info@clarington.net I www.clarington.net Page 14 B2025-0012/0013 2) Proposed schedule with precise start and end dates. 3) Estimate of how many cubic meters to be hauled, how many trucks per day. 4) A description of the proposed fill, confirming it originates from within the Municipality of Clarington and describing source locations and confirmation from a qualified expert that it contains no contaminated fill, as defined in the Municipality's current Site Alteration By-law. 5) Daily haulage time restrictions where public may be impacted (i.e. rush hour traffic, school areas, park areas, etc.). 6) Mud and dust control program for both source and dump sites, including who will be monitoring the haulage to ensure conformance to these conditions. This also includes monitoring and cleaning mud mats and roadways at both sites. The Municipality is to be provided with the contact's name and position, their 24 hour phone number and what company they are using to clean Municipal roads. 7) When route is approved by the Municipality, a precondition assessment and post haulage assessment to determine any damage and required repairs to the satisfaction of the Municipality. 8) Written commitment from applicant to ensure their contractor, subcontractor and all associated parties adhere to these requirements and any additional conditions that the Director of Planning and Infrastructure Services determines appropriate under the Municipality's current Site Alteration By- law. 9) Any Municipal approval is based on the understanding that the applicant has obtained prior to the work, the necessary approvals from any other agencies, including the Conservation Authority where appropriate. Provide written confirmation of consultation and acceptance of the proposal from the Conservation Authority. 10) Absolutely no alteration of either the source or destination site shall occur until the Municipality has approved the Soils Management Plan and/or Site - Alteration Permit (e.g. Silt fence installation, tree clearing, mud mat construction, etc.). The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1 C 3A6 1-800-563-1195 1 Local:905-623-3379 1 info@clarington.net I www.clarington.net Page 15 B2025-0012/0013 General Requirements and Conditions All works and services must be designed and constructed in accordance with the Municipality of Clarington Design Criteria and Standard Drawings, provisions of the Municipality Development By -Law and all applicable legislation and to the satisfaction of the Director of Planning and Infrastructure Services. If you have any questions regarding the above -noted comments, please contact Julia Antonova, Planning and Infrastructure Services Department. i Karen Richardson, P.Eng. Manager of Development Engineering, Planning and Infrastructure Services KR/J.A. The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1 C 3A6 1-800-563-1195 1 Local:905-623-3379 1 info@clarington.net I www.clarington.net Q — — — — — — — — — — — II H U M T OF CONTRACT 0 Z STA. 10+035 a I o i �Ln W CONNECTED SUBDRAINS INTO I z° 200mm PVC STORM REGRADED DITCH T SUIT NEW CB'S n SEWER. SOLID PVC PIPE Z USED TO SWEEP DOWN TO I z z Q J STORM SEWER. = cn o01 45° CONCRETE OUTLET O �I E 'o_ AS PER O.P.S.D-605.030 0 10+020 o E WITH ASPHALT SPILLWAY + N + ASPH. GUTTER I N AS PER O.P.S.D.-605.040 AS PER O.P.S.D.-810.020 Qf ADJUSTED VALVES H 1+350.320 WESTMORE STREET I I � TO FINISH GRADE 134� O/ 7 = I L- ADJUSTED VALVE TO FINISH GRADE = 10+000.000 LYNWOOD AVENUE 240 #P0 rn Om COMMUNITY MAILBOX CONC. PAD AS PER C-403 w. v. 35 4 �I� CP #1 I — — — R.I.B. C6 WS x . O ADJUSTED VALVE �• /� \\ I \ _ %,�. j / /\• / �, Z TO FINISH GRADE E/ HYD. 0 R=6.Om E1 — -6.Om Z ILn I I� I W. V. W. V. MH O — — — G — — I 3.65m SAN — 200m AN. SEWER I 4 48-30 200 mm PVC SAN. SEWER W 450mm STM. 200mm STM. I--- -- ----- ------ O ------ --- ----------------------------- - T-------- 15 4 LIL Lu 3.95m CP101 1.5m SO BLVD. CP102 5...•. .'I • .'. • '. • .'.. '. . 1.5m COINC. S W 1'. I . j. NT • . ER P. B.H. H U W G Bout G 7% IG a 8% B VB ° ZCo J 0 ® /02% WS CP #5 8% WS WS = WS ASPH. / 4 4 ° ASPH. \ ASPH. ASPH. ASPH. I.Zi\ Q TRANCE T �. .� ENT. � H USE No.19 ENTRANCE TO ENT. ENT. HOUSE No.15 ENTRANCE TO ENTRANCE TO ENTRANCE TO u HOUSE No.13 HOUSE No.9 I LIMIT 06ENTRANCjEjHOUSE NO.11 ENTRANCE TO WELL HOUSE No.15 I CONSTR(TY .\ BM100& 146 13 GARDE � CONSTRUCTION �°G ASPH. ASPH. ENT. ENT. JTRANCE TC ENTRANCE TO OUSE No.7 HOUSE No LIMIT OF CONTRACT STA. 1 +473.6 TAPERED CURB TO MATCH EXISTING 0 CONIC CURB 0 J 2 D_ m cn U Q CBM w 1 GS��SF / \ P DJUSTED VALVE W. M. TO FINISH GRADE 37 I 4 3.65m cc 200 mm PVCSA SEWERS I 3.95m I 36 1.5m SOD BLVD. .'..... . ........ ...... ......... . ........ . .... ''''''''''CONC. • m SW.-.• CTV13 WS R=9.0m 0 .B. �I/ CP # S,I B. ii\\- O WS m AS H. ASPH. EN T. ENT. z NTRAN E T ENTRANCE FO ASPH. SIDEWALK o HOUSE No.3 HOUSE No. J In o CD Cn TRANSITION CU B TO MATCH Q EXISTING CURB N COURTICE ROAD. LEGEND 5 I M. EXISTING STORM SEWER SAN. EXISTING SANITARY SEWER WM• EXISTING WATERMAIN G EXISTING GAS MAIN B EXISTING BURIED BELL CABLE CTV EXISTING BURIED CTV CABLE H EXISTING BURIED HYDRO CABLE _ — _300m m STORM SEWER F CURB & GUTTER DROP CURB SIDEWALK YD. 0 NOTE: SEE DRAWING No. 11 FOR TYPICAL SECTION AND SEWER DATA CHART. SEE DRAWING No. 11 FOR LYNWOOD AVENUE PROFILE. NOTE: IT IS THE RESPONSIBILITY OF THE CONTRACTORS TO INFORM THEMSELVES OF THE EXACT LOCATION OF, AND ASSUME ALL LIABILITY FOR DAMAGE TO ALL UTILITIES, SERVICES AND STRUCTURES WHETHER ABOVE GROUND OR BELOW GRADE BEFORE COMMENCING THE WORK. SUCH INFORMATION IS NOT NECESSARILY SHOWN ON THE DRAWING, AND WHERE SHOWN, THE ACCURACY CANNOT BE GUARANTEED. BM101 B H WITH THE SOLE EXCEPTION OF THE BENCHMARK(S) SPECIFICALLY DESCRIBED FOR THIS PROJECT, NO ELEVATION INDICATED OR TR ASSUMED HEREON IS TO BE USED AS A REFERENCE ELEVATION FOR ANY PURPOSE. 6 04/29/10 J.W. AS RECORDED 5 03/26/07 AOB' AS RECORDED 06/08/06 P.M. REVISED STORM SEWER, ROAD WIDTH, CURB TYPE AND PROFILE 3 01/11/06 P.M. ISSUED FOR CONSTRUCTION 10/03/05 P.M. CHANGED CURB TO ASPHALT GUTTER AS NOTED AND MADE CHANGES AS PER INFORMATION COMMENTS 146 1 09/06/05 P.M. ISSUED FOR TENDER No. DATE BY ISSUES / REVISIONS 144 - -rn 144 D LLJ 513 Division Street Cobourg, Ontario LLJ EI K9A 5G6 TEL: 905-372-2121 Ei > (n Q 0 Q Q P FAX: 905-372-3621 �0'C�I�IOf�C oto E-mail cobourg@tsh.ca 142 — — — — 142 p 0 a n n a lr a www.tsh.ca Totten Sims Hubicki Associates (1997) Limited 0 _ — — — — o ALL DIMENSIONS AND INFORMATION SHALL BE CHECKED AND VERIFIED ON THE JOB AND — — _ _ — ANY DISCREPANCIES MUST BE REPORTED TO THE CONSULTANT BEFORE COMMENCING — — THE WORK. DRAWINGS ARE NOT TO BE SCALED. L — — = THIS DRAWING AND ALL ASPECTS OF ITS CONTENT ARE PROTECTED BY COPYRIGHT. REPRODUCTION IN WHOLE OR IN PART, BY ANY MEANS WHATSOEVER, WHETHER m — — ELECTRONIC, MECHANICAL OR OTHERWISE, WITHOUT THE EXPRESS WRITTEN — — PERMISSION OF TOTTEN SIMS HUBICKI ASSOCIATES, IS PROHIBITED BY LAW. Ex IN— — — — — — — _ _ CLIENT: 140 — — — — — — — — 140 Urn — — — — —A49_ — • rn — _ — — Leading the Way c ICU 138 — 138 PROJECT: WESTMORE STREET - -_ AND JANE AVENUE 9toin - RECONSTRUCTION o CID � � � o LO � PROPOSED CONTRACT No. CL2005-40 CD ti O CV C0 O O 6 6 6 � I ROAD DRAWING: GRADE WESTMORE STREET 0 STORM SEWER PROPOSED CONSTRUCTION 1.21% 58.Om OF 450mm C.P. ° CLASS 50-D 52.Om OF 200mm P.V.C. 1.00%, DR 35 LENGTH, SIZE AS RECORDED 0 AND GRADE STA. 1 +320 TO STA. 1 +480 DRAWN BY: CHECKED BY: PROJECT No.: 0 00 0 CIOco N P. MERRETT R. KEMPTON 12-29471 M r M roi NORM SEWER DESIGNED BY: APPROVED BY: DRAWING No. WVERT Izi C6 W fn P. MERRETT W. McCRAE CCNDI CItD O 4 00 CD O = Cq 11 SCALE: DATE: + + M M + + T Iq Iq Iq CHAINAGE HORZ.1:250 VERT. 1:50 AUGUST 2005 LiJ U 00 N W O �U O Q On Z En O m 00 CD 0 Ln > W F-LL cn rn LL- • a v U rL.La V! � E Ld t o' EU 0 E ro XLd ry O O LL E o a - U Z Lu U 00 �� 0 w N w m cn U c� Of ( z v�i UUJ O ~ p Ld (� E d CDHa© Q a-Z W =� M E L- Z T-0- Y W QL> UM Z-z <0w (Y-o a. LL-n(nma z O � C) a0o Lil LLIz� a0w U or_0 a�M EUO EQH to 1 z LL.k LU UU O d fn 00 Ld Z q w - 00 9� W Irf LL z 0 U z a co �. LEI � Lr N W co a aLd 0 0� d 0 Z U r � ►� r•• U t% cdo LLI LLI 'NIN 'NIN LULu05 L wLU09 L E co t7 X X 0 LO WFS N7VIIOGIS 17VHdSV X3 /� y \J lAliN-7AVcl 30 3003 X3 HIS ON00 OL HMO X3 v� � L N G�o�i The Regional Municipality of Durham Planning and Economic Development Department 605 Rossland Rd. E. Level 4 PO Box 623 Whitby, ON L1 N 6A3 Canada 905-668-7711 1-800-372-1102 Email: planning@durham.ca durham.ca Brian Bridgeman, MCIP, RPP, PILE Commissioner of Planning and Economic Development April 22, 2025 Jacob Circo Acting Secretary/Treasurer Committee of Adjustment Planning and Infrastructure Services Municipality of Clarington 40 Temperance Street Bowmanville ON L1 C 3A6 Dear Jacob: Re: Application for Consent B2025-0012 & B2025-0013 Durham Ref.: LD 034/2025 & LD 035/2025 Applicant: Jonah Szent-Ivany Location: 5 Lynwood Avenue, Courtice Municipality: Clarington Hearina Date: ADril 24. 2025 RECOMMENDATION: That applications B2025-0012 and B2025-0013 be approved, subject to the following conditions: i). The existing private sewage system is properly abandoned as per best management practices and written confirmation is provided to the Region of Durham Health Department; ii). All 3 proposed lots are connected to municipal water and municipal sanitary services and confirmation is provided to Region of Durham Health Department; iii) The outstanding Region of Durham Health Department commenting fee of $915 is provided; and iv) That the conditions outlined in the Region of Durham Works Department commenting letter, dated April 22, 2025, are fulfilled to the satisfaction of the Region of Durham. If you require this information in an accessible format, please contact Planning Reception or call 1-800- 372-1102 extension 2548. LD 034-035/2025 PURPOSE B2025-0012 The purpose of the application is consent to sever a vacant 390.08 square metre residential lot, retaining a 1,072.88 square metre residential lot with an existing dwelling to be demolished. B2025-0013 The purpose of the application is consent to sever a vacant 390.08 square metre residential lot, retaining a 682.8 square metre residential lot with an existing dwelling to be demolished. REGIONAL OFFICIAL PLAN (ENVISION DURHAM), PROVINCIAL PLANNING STATEMENT, AND PROVINCIAL PLAN REVIEW RESPONSIBILITIES Please be advised effective January 1, 2025, the Region became an upper -tier municipality without planning responsibilities. As such, comments pertaining to conformity and consistency with the Region of Durham Official Plan and provincial plans and policies and those comments relating to the Region's delegated provincial plan review responsibilities fall under the purview of the respective area municipality. AGENCY COMMENTS Regional Health Department The above noted applications have been reviewed by this department and we have no objection to the approval provided the following conditions are met: 1. The existing private sewage system is properly abandoned as per best management practices and written confirmation is provided to the Regional Health Department. 2. All 3 proposed lots are connected to municipal water and municipal sanitary services and confirmation is provided to this department. 3. The outstanding Health commenting fee of $915 is provided. Please contact Lesley Kennedy if further information is required. -2- LD 034-035/2025 Regional Works Department The Region of Durham Works Department has indicated that it has no objection to the approval of the above noted consent applications, subject to the applicant fulfilling the conditions outlined in the attached commenting letter, dated April 22, 2025. CONCLUSION The application conforms with the policies of the Regional Official Plan and the Provincial Planning Statement. As such, the Region of Durham Planning Division recommends approval of this application, subject to the applicant fulfilling the conditions contained in this letter. Yours truly, Ma&ao-w MCKC V a>y Madison McKinlay Student Planner Da vL& Pe4.4n,k David Perkins Project Planner -3- April 22, 2025 Community Growth and Economic Development Regional Municipality of Durham - 605 Rossland Road East, 4th Floor P.O. Box 623 The Regional Whitby, ON L1 N 6A3 Municipality By email — lino.trombino(a�durham.ca of Durham Works Department Attention: Lino Trombino 605 Rossland Rd. E. PO Box 623 Re: LD 034-035/2025 (B-2025-0012-13) Whitby, ON L1 N 6A3 Jonah Szent-Ivany Canada 5 Lynwood Avenue 905-668-7711 Plan 632, Lot 40 Fax:93 -668- 2 Fax:905-668-2051 Municipality of Clarin ton p y g E-mail: works@durham.ca Dear Mr. Trombino, www.durham.ca Please be advised that our Department has no objection to the granting of approval for the above noted severance application. Ramesh Jagannathan, M.B.A., M.Eng., P.Eng., The application is for the consent to sever two vacant residential parcels P.T.O.E. of land, retaining a residential parcel of land with an existing dwelling to be demolished. According to our waterbilling records, 5 Lynwood Avenue has connected to the Regional Water Supply System through the Region's Well Interference Policy. The retained lot denoted as `Part 1' in the provided plan of survey will be exempt from water frontage and water connection charges. As a condition of approval for this application, the applicant will be required to pay to the region the costs of the water and sanitary connection and frontage charges as -well as inspection fee's for the re- use of the existing services. In order to ensure the foregoing, our department requires our following standard condition to be imposed: "That the applicant satisfies all the requirements of the Regional Municipality of Durham concerning the provision of Regional services, financial and otherwise." In order to satisfy the Regional Works Department conditions, the applicant will be required to fulfil the following: If this information is required in an accessible format, please contact 1-800-372-1102 ext. 3753. Lino Trombino Re: LD 034-03512025 (8-2025-0012-13) 5 Lynwood Avenue Clarington Page 2 of 2 1. Payment for 3 sanitary service connection at $4,035.00 per connection (flat rate): _ $12,105.00 2. Payment for 2 water service connection at $3,885.00 per connection (flat rate): _ $7,700.00 3. Payment for Sanitary Sewer Frontage at $547.96 per metre. ($547.96x45.72m): _ $13,359.26 4. Payment for Watermain Frontage at $497.49 per metre ($497.49x24.38m): _ $12,128.81 5. Payment for existing water service Inspection fees: _ $131.00 The total amount owing at the current rate is $57,187.54. Payment shall be made by certified cheque. The above fees are subject to revision on January 1, 2026 Regional connection permits will be issued to the applicant once the above payment is remitted to our department. The severed land will be subject to regional development chargers at the time of building permit issuance. In the event you have any questions, please contact the undersigned. Yours truly, Grant Young Development Approvals Technician grant.young(cD.durham.ca 905 668 7711 extension 2479 Clarington Summary of Comments Submitted A2025-0003, A2025-0004 & A2025-0005 287 Liberty Street North, Bowmanville Planning and Infrastructure Services Committee of Adjustment Minor Variance Municipal Departments / External Agencies Comment Clarington Building Division No concerns Clarington Development Engineering Division No concerns Clarington Fire and Emergency Services Department No concerns Clarington Community Planning Division Comments outstanding Durham Works Department No concerns Municipality of Clarington Committee of Adjustment A2025-0003, A2025-0004 & A2025-0005 Page 2 If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Date of Meeting: April 24, 2025 File Number: A2025-0003, A2025-0004 & A2025-0005 Address: 287 Liberty Street North, Bowmanville Report Subject: A minor variance application to facilitate the creation of semi-detached dwelling lots by reducing minimum lot area, minimum lot frontage, and increasing rear balcony projections as follows: A2025-0003- A2025-0004: To reduce minimum lot area from 550 square metres to 411.20 square metres, to reduce minimum lot frontage from 18 metres to 15.58 metres, and to increase the rear balcony projection from 1.5 metres to 2.35 metres (Lot 1 and Lot 2-Parts 1, 2,3,4). A2025-0005: To reduce minimum lot area from 550 square metres to 435.3 square metres, to reduce minimum lot frontage from 18 metres to 16.54 metres, and to increase the rear balcony projection from 1.5 metres to 2.20 metres (Lot 3-Parts 5 and 6). Recommendations: 1. That the Report for Minor Variance Application A2024-0056 be received; 2. That all written comments and verbal submissions areconsidered in the deliberation of this application; 3. That application A2025-0003, A2025-0004 & A2025-0005, for a Minor Variance to Section 12.2.a.ii), Section 12.2.b.ii) and Section 3.1.g.iv) of Zoning By-law 84-63, to facilitate the creation of semi-detached dwelling lots by reducing minimum lot area, minimum lot frontage, and increasing rear balcony projections as follows: A2025-0003- A2025-0004: To reduce minimum lot area from 550 square metres to 411.20 square metres, to reduce minimum lot frontage from 18 metres to 15.58 metres, and to increase the rear balcony projection from 1.5 metres to 2.35 metres (Lot 1 and Lot 2-Parts 1, 2,3,4); A2025-0005: To reduce minimum lot area from 550 square metres to 435.3 square metres, to reduce minimum lot frontage from 18 metres to 16.54 metres, and to increase the rear balcony projection from 1.5 metres to 2.20 metres (Lot 3-Parts 5 and 6); be approved as it maintains the general intent and purpose of the Clarington Official Plan, and the Zoning By-law 84-63, desirable for the appropriate development or use of the land and minor in nature. 4. That all interested parties listed in this report be forwarded a copy of the Committee's decision. Municipality of Clarington Committee of Adjustment A2025-0003, A2025-0004 & A2025-0005 Page 3 1. Application Details 1.1 Owner: Craig Noftle on behalf of Osprey Homes and Development Inc. 1.2 Applicant: Craig Noftle on behalf of Osprey Homes and Development Inc. 1.3 Proposal: A minor variance application to facilitate the creation of semi- detached dwelling lots by reducing minimum lot area, minimum lot frontage, and increasing rear balcony projections as follows: A2025-0003- A2025-0004: To reduce minimum lot area from 550 square metres to 411.20 square metres, to reduce minimum lot frontage from 18 metres to 15.58 metres, and to increase the rear balcony projection from 1.5 metres to 2.35 metres (Lot 1 and Lot 2-Parts 1, 2,3,4). A2025-0005: To reduce minimum lot area from 550 square metres to 435.3 square metres, to reduce minimum lot frontage from 18 metres to 16.54 metres, and to increase the rear balcony projection from 1.5 metres to 2.20 metres (Lot 3-Parts 5 and 6). 1.4 Area of Lot: 1496.40 square metres 1.5 Location: 287 Liberty Street North, Bowmanville 1.6 Zoning: Urban Residential Type One (R1) Zone 1.7 Clarington Official Urban Residential Plan Designation: 1.8 Water Supply: Municipal Servicing 1.9 Sewage Disposal: Municipal servicing Municipality of Clarington Committee of Adjustment A2025-0003, A2025-0004 & A2025-0005 Page 4 94 69 70 23173 74 M42 78 66 82 58 77 90 82 81 86 85Allison Stree99 Lobb Court JO-- e4 43 a108 1 15 19 2327 31Crescent 79 75 71 87 63 5g 55 51 47 26 122 110 315 114 118 311 B1 95 39 103 107 111 115 87 119 307 63 i.aprade Square 290 79 Z 291 78 132 a+ 75 d 72 136 i LOT: 11 71 CON:2 88 LOT:10 38 y 87 CON :2 J 63 7 59 285 55 51 47 43 39 35 31 27 285A 43 283 570 /J 281 474 470 488 482 458 454 448 4, 440 438 1 Longworth Avenue 27-571 5711 5 1 3 4- 5- 8- 7- 8 47 1571 1 71 1571 51RJ43 LL-57 HAssunta 25 25 - 571 - 571 59 4-57 10-571 23 -5 11-571 67 Property Location Map a�.x.mn aia ant (Bowmanville) ni.kilkn snrn. ry.nn rtl ra.aY e.na.l Area Subject To Minor Variance mlrt�Nl[ wmpton n� - 287 Liberty Street North you e Bowmanville S. • Newcastle A2025-0003, A2025-0004 & A2025-0005 Lakn Ontario Figure 1: Property Location Map Municipality of Clarington Committee of Adjustment A2025-0003, A2025-0004 & A2025-0005 Page 5 2. Background 2.1 On February 20, 2025, Planning Staff received three Minor Variance applications from the applicant and owner of 287-289 Liberty Street North, Bowmanville. 2.2 The associated consent applications (B2025-0005-to-B2025-0009) tied with these three minor variance applications were provisionally approved at the March 27, 2025, Committee of Adjustment hearing. 3. Land Characteristics and Surrounding Uses 3.1 The subject property is located on the east side of Liberty Street North (See Figure 1). The subject property has a lot area of approximately 1,496 square metres, and frontage along Liberty Street South of approximately 48 metres. 3.2 The surrounding uses are as follows: a. South — Urban Residential lots with single detached dwellings b. North- Urban Residential lots with single detached dwellings and apartment building c. East — Urban Residential lots with single detached dwellings d. West — Commercial Plaza 4. Public Notice and Submissions 4.1 Pursuant to the requirements of the Planning Act, the appropriate signage notifying of the application was installed on the subject lands. In addition, the appropriate notice was mailed to each landowner within 60m of the subject site. 4.2 At the time of writing this report, staff have received comments in opposition to the proposal from neighbours. The concerns are related to balcony projections and privacy. Higher fencing or planting of trees were recommended to migrate these issues by the neighbour. 5. Discussion Maintain the general intent and purpose of the Clarington Official Plan 5.1 The subject property is designated "Urban Residential" in the Clarington Official Plan which permits the proposed residential uses and construction of the semi-detached dwellings on both the severed and retained lots as part of the provincially approved Consent Applications (B2025-0005-to-B2025-0009). Municipality of Clarington Committee of Adjustment A2025-0003, A2025-0004 & A2025-0005 Page 6 5.2 The Municipality encourages intensification in urban areas to ensure the efficient use of existing infrastructure such as services, roads, schools, parks, and other local amenities. The Official Plan requires new development and redevelopment in established areas to respect and reinforce the physical character of the established neighbourhood having regard to heights and scale of buildings and setbacks of buildings from the street, rear and side yards. 5.3 It is staffs' opinion that the proposed variances meet the general intent and purpose of the Clarington Official Plan. Maintain the general intent and purpose of the Zoning By-law 5.4 Within the Comprehensive Zoning By-law 84-63, the subject property is currently zoned "Urban Residential Type One (R1)" which permits single detached dwellings and semi- detached dwellings. 5.5 The intent and purpose of frontage is to ensure that there is sufficient area to situate a dwelling with appropriate setbacks from abutting properties while also creating a consistent neighbourhood character. The proposed reduction in lot frontage for a semi- detached dwelling from 18 metres to 16.54 metres for the proposed retained parcel and 15.58 metres for the proposed severed parcels can still accommodate access, an appropriate driveway location and setbacks. Staff do not anticipate that the reduced frontage will have adverse impacts to the future residents, streetscape, or the surrounding area. 5.6 The intent of the minimum lot area provision is to ensure adequate area for building elements and setbacks. It is staffs opinion that the proposed minimum lot area of retained parcel being 435.3 square metres and proposed lot area of the both severed parcels being 411.20 square metres can accommodate sufficient building elements and setbacks. In addition, front yard soft landscaping and landscaped openspace comply with the zoning by-law requirements for the proposed. 5.7 The "R1" zone requires a minimum rear yard setback of 7.5 metres and allows balcony to project into this setback up to 1.5 metres leaving a setback of 6 metres. For lots 1 and 2, the proposed balcony projection does not reduce the rear yard below 5.16 metres and for lot 3, the proposed balcony does not reduce the rear yard below 5.31 metres. The intent and purpose of allowing but limiting balconies to project into required yard setbacks is to ensure sufficient rear yard amenity space and to provide adequate separation between the dwelling and the rear yard amenity space of an abutting property. The proposed increased balcony projection maintains sufficient outdoor amenity space, a sufficient rear yard setback, and has minimal impacts on stormwater management. 5.8 It is staff's opinion that the proposal maintains the general intent and purpose of Zoning By-law 84-63. Municipality of Clarington Committee of Adjustment A2025-0003, A2025-0004 & A2025-0005 Page 7 Desirable for the appropriate development or use of the land, building or structure 5.9 Intensification through infill development is desirable where it can be accommodated as it makes efficient use of existing infrastructure while providing additional housing. 5.10 The permitted use for the subject property is residential. The proposed minor variances aim to enable the development of semi-detached dwelling lots on both the severed and retained portions of the property, with plans to include an Additional Dwelling Unit (ADU) in each semi-detached unit. The reduction in lot frontage from for both the severed and retained parcels is appropriate development as it facilitates the gentle intensification of semi-detached dwellings while maintaining appropriate access and setbacks. 5.11 A balcony is part of the residential use. The proposed balcony would improve the usability of the property for the current and future owners. The proposed increase in projection for the second floor balcony does not result in an overall loss of outdoor amenity space. 5.12 For the above stated reasons, it is staff's opinion that the minor variance requested is desirable for the appropriate development or use of the land, building or structure. Minor in Nature 5.13 In considering whether the relief sought to Zoning By -Law 84-63 is minor; Staff note that this test is not simply a question of numbers. The principal consideration is that of the potential impact the variances may have on the surrounding neighbourhood, and whether that impact is minor in nature 5.14 Given that the proposed frontage and area can accommodate all necessary access, parking and building elements, Staff do not anticipate any negative impacts to the streetscape or neighbourhood. 5.15 The proposed second floor balcony provides space for entertaining/outdoor dining, while maintaining the grassed area as a suitable at -grade amenity space for current and future owners. 5.16 For the above stated reasons, it is staff's opinion that the proposed lot area reduction, lot frontage reduction and increased balcony projection is minor in nature. 6. Conclusion 6.1 Given the above comments, staff recommend approval of the application for a Minor Variance to Section 12.2.a.ii), Section 12.2.b.ii) and Section 3.1.g.iv) of Zoning By-law 84-63, to facilitate the creation of semi-detached dwelling lots by reducing minimum lot area, minimum lot frontage, and increasing rear balcony projections as follows: A2025-0003- A2025-0004: To reduce minimum lot area from 550 square metres to 411.20 square metres, to reduce minimum lot frontage from 18 metres to 15.58 metres, and to increase the rear balcony projection from 1.5 metres to 2.35 metres (Lot 1 and Lot 2-Parts 1, 2,3,4); Municipality of Clarington Committee of Adjustment A2025-0003, A2025-0004 & A2025-0005 Paae 8 ii. A2025-0005: To reduce minimum lot area from 550 square metres to 435.3 square metres, to reduce minimum lot frontage from 18 metres to 16.54 metres, and to increase the rear balcony projection from 1.5 metres to 2.20 metres (Lot 3-Parts 5 and 6); as it maintains the general intent and purpose of the Clarington Official Plan, and the Zoning By-law 84-63, desirable for the appropriate development or use of the land and minor in nature. Submitted by: 6 b Akibul Hoque Acting Secretary -Treasurer Committee of Adjustment Municipality of Clarington Concurrence: This report has been reviewed by Sarah Parish, MCIP, RPP, Principal Planner, who concurs with the recommendations. Staff Contact: Akibul Hoque, Planner I, (905) 623-3379 x2418 or ahogue _clarington.net. Attachments: Attachment 1: Development Engineering Division Comments Interested Parties: The following interested parties will be notified of Committee's decision: Craig Noftle Chris Henry Attachment 1 Clarington MEMO If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. To: Akibul Hoque. Planner I From: Karen Richardson, Manager of Development Engineering Date: April 7, 2025 Subject: Minor Variance Application A2025-0015 File: Applicant: Emily Santos Address: 6100 Henry Road, Clarke A minor variance application to facilitate the construction of a detached garage by: increasing the maximum permitted accessory total floor area from 90 square metres to 160 square metres increasing the maximum permitted garage height from 5 metres to 6 metres. Development Engineering has reviewed the above -noted application and have no objections to the proposal. Building Permit The applicant/owner must apply for a Building Permit with the Municipality which includes all requirements of the Planning and Infrastructure Services Department regarding the engineering and construction of all internal and external works and services related to this proposal. The applicant is required to submit provided Lot Grading plan to obtain Lot Grading Plan Approval. Review Section 800 of the Municipality of Clarington Engineering Design Guidelines for a more fulsome list of requirements for Grading Plan submissions, If you have any questions regarding the above -noted comments, please contact Julia Antonova, Planning and Infrastructure Services Department. Karen Richardson, P.Eng. Manager of Development Engineering, Planning and Infrastructure Services The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1 C 3A6 1-800-563-1195 1 Local:905-623-3379 1 info@clarington.net I www.clarington.net Page 11 Clarftwn Planning and Infrastructure Services Committee of Adjustment Summary of Comments Submitted A2025-0007 210, 102, 106, 110, 114, 118, 122, 126, 130, 134 and 138 Jacob Crane Drive (Plan 40M2759 Lots 38-48), Newcastle, ON Clarington Building Division No comment Clarington Development Engineering Division Undetermined until review of additional supporting material has been completed. Clarington Fire and Emergency Services Department No fire safety concerns Durham Region Community Growth and Economic Development Department No comments Durham Region Works No comment Municipality of Clarington Committee of Adjustment A2025-0007 Date of Meeting: April 24, 2025 File Number: A2025-0007 Page 2 Address: 210, 102, 106, 110, 114, 118, 122, 126, 130, 134 and 138 Jacob Crane Drive, hereby referred to as Plan 40M2759 Lots 38-48, Newcastle, ON Report Subject: A minor variance application to facilitate Plainview Heights Phase 2, at Plan 40M2759 Lots 38-48. The application proposes to: a) decrease the minimum soft landscaping within the front yard or exterior side yard from 40% to 35%; b) increase the maximum lot coverage of the dwelling from 40% to 48%; c) increase the maximum lot coverage for the total of all buildings and structures from 45% to 50%; d) increase the maximum outside width of the garage from 45% to 62% of the width of the property; e) decrease the rear yard setback from 7.5 metres to 7 metres; f) increase the driveway width from 4.6 metres to 6 metres Recommendations: 1. That the Report for Minor Variance A2025-0007 be received. 2. That all written comments and verbal submissions be considered in the deliberation of this application. 3. That application A2025-0007 for a minor variance to Zoning By -Law 84-63 Sections 13.4.71, 13.2, and Section 3.16.c.iii as amended by By-law 2024-032 to facilitate Plainview Heights Phase 2, at Plan 40M2759 Lots 38-48 by proposing to: a) decrease the minimum soft landscaping within the front yard or exterior side yard from 40% to 35%; b) increase the maximum lot coverage of the dwelling from 40% to 48%; c) increase the maximum lot coverage for the total of all buildings and structures from 45% to 50%; d) increase the maximum outside width of the garage from 45% to 62% of the width of the property; e) decrease the rear yard setback from 7.5 metres to 7 metres; f) increase the driveway width from 4.6 metres to 6 metres be tabled for a period of up to 90 days to allow for further discussions between the applicant and staff; allow the applicant to submit the outstanding materials and to allow staff to properly review the application and assess whether any additional materials will be required in order to evaluate the proposed variances. 4. That all interested parties listed in this report be forwarded a copy of Committee's decision. Municipality of Clarington Committee of Adjustment A2024-0007 1. Application Details 1.1 Owner/Applicant: Howard Li - Plainview Heights Property Ltd. 2.1 Agent: Kagan Shastri DeMelo Winer Park LLP 3.1 Proposal: The purpose of the application is: Page 3 A minor variance application to facilitate Plainview Heights Phase 2, at Plan 40M2759 Lots 38-48, Newcastle, ON. The application proposes to: a) decrease the minimum soft landscaping within the front yard or exterior side yard from 40% to 35%; b) increase the maximum lot coverage of the dwelling from 40% to 48%; c) increase the maximum lot coverage for the total of all buildings and structures from 45% to 50%; d) increase the maximum outside width of the garage from 45% to 62% of the width of the property; e) decrease the rear yard setback from 7.5 metres to 7 metres; f) increase the driveway width from 4.6 metres to 6 metres 4.1 Area of Lot: Area affected is approximately 1.04 acres. Individual lot sizes range from 320 to 484.8 metres squared. 5.1 Location: Plan 40M2759 Lots 38-48, Newcastle, ON (See Figure 1) 6.1 Zoning: Holding Urban Residential Exception ((H)R2-71) Zone 7.1 Clarington Official Plan Designation: Urban Residential 8.1 Heritage Status: N/A 9.1 Water Supply: Municipal 1.11 Sewage Disposal: Municipal Municipality of Clarington Committee of Adjustment A2025-0007 Figure 1: Property Location Map Page 4 Municipality of Clarington Committee of Adjustment A2024-0007 2. Background Page 5 1.1 On February 20, 2025, the Planning and Infrastructure Services Department received an application for a minor variance at Plan 40M2759 Lots 38-48. This application was deemed incomplete as payment was only received for one lot, and only one siting plan reflecting the worst case scenario in the zone was submitted. 2.1 Staff advised the applicant to book a time to meet to discuss the applications as these are significant requested variances for a significant number of lots within a registered plan of subdivision, registered on November 14, 2023 where zoning approval was received from Council on September 19, 2018 and the holding symbol was removed on December 7, 2023. 3.1 Staff advised that in order to understand the full scope of the proposed variances that additional information would be required. Staff also advised that if the applicant wished to proceed, payment for all 11 lots as well as siting plans for all lots would be required to allow staff to properly review each lot on an individual basis. 4.1 The applicant provided the above and stated they wished to move forward with the minor variance application. Staff received the additional siting plans and elevation drawings on March 17 and March 20, 2025, respectively. Staff also received payment for the remaining lots on March 20, 2025. 5.1 After further review of the requested variances staff deemed the application incomplete as implications to utilities, stormwater, architectural guidelines and a number of other issues were still unclear. The applicant met with Development Review and Development Engineering staff on Monday, March 31. Within this meeting staff requested the following: a) Updated grading plan; b) Confirmation from an engineer that the increased lot coverage does not exceed the pond allocation for each lot; c) Updated Utility Plan; d) Updated On -Street Parking Plan; e) Updated Blvd Planting Plan; f) Confirmation appropriate snow storage areas can be achieved; g) Demonstrate the amount of soft landscaping that can be achieved in the front yard; and h) Demonstrate that Clarington's Architectural Control Guidelines are being upheld in terms of Section 4 and still meeting the general intent of the guidelines. Municipality of Clarington Committee of Adjustment A2025-0007 Page 6 Staff received documents a-f from the applicant on April 9, 2025. Staff received document h on April 16, 2025. On April 17, 2025, staff requested a Planning Justification for the amount of soft landscaping proposed and an explanation for how the requested variances meet the four tests for minor variance. 6.1 Staff recommend that this application be tabled to allow for the applicant to submit the requested information and for staff to be able to complete a proper review of all related plans and studies and to ensure no further information is required from the applicant. 3. Public Notice and Submissions 1.1 Pursuant to the requirements of the Planning Act, the appropriate signage acknowledging the application was installed on the subject lands. In addition, a public notice was mailed to each landowner within 60 meters of the subject lands. 2.1 At the time of writing this report, Staff did receive one inquiry from a member of the public. The inquirer requested information about what was proposed on the site. 4. Conclusion 1.1 Given the above, Staff recommends that: Minor Variance Application A2025-0007 for a minor variance to Zoning By -Law 84-63 Sections 13.4.71, 13.2, and Section 3.16.c.iii as amended by By-law 2024-032 to facilitate Plainview Heights Phase 2, at Plan 40M2759 Lots 38-48 by proposing to: a) decrease the minimum soft landscaping within the front yard or exterior side yard from 40% to 35%; b) increase the maximum lot coverage of the dwelling from 40% to 48%; c) increase the maximum lot coverage for the total of all buildings and structures from 45% to 50%; d) increase the maximum outside width of the garage from 45% to 62% of the width of the property; e) decrease the rear yard setback from 7.5 metres to 7 metres; f) increase the driveway width from 4.6 metres to 6 metres be tabled for a period of up to 90 days to allow for further discussions between the applicant and staff; allow the applicant to submit the outstanding materials and to allow staff to properly review the application and assess whether any additional materials will be required in order to evaluate the proposed variances. Municipality of Clarington Committee of Adjustment A2024-0007 Submitted by: Hebah Masood Acting Secretary / Treasurer Committee of Adjustment Page 7 Concurrence: This report has been reviewed by Sarah Parish, MCIP, RPP, Principal Planner who concurs with the recommendations. Staff Contact: Hebah Masood, Planner I, 905-623-3379 ext. 2437 or HMasood@clarington.net Interested Parties: The following interested parties will be notified of Committee's decision: Amanda Lazaridis Clarington Planning and Infrastructure Services Committee of Adjustment Summary of Comments Submitted A2025-0008 and A2025-0009 42, 46, 50, 54, 58, 94, 98 and 102 Robert Woodward Trail; 112, 116, 120, 124 and 128 Ronald Hooper Avenue; 119,175 and 179 Northglen Boulevard; 262, 266, 263 and 259 Crombie Street (Lot 13 Concession 2, Lots 1, 10-11, 13-14, 28-29 and 36-48), Bowmanville, ON Clarington Building Division No comment Clarington Development Engineering Division Undetermined until review of additional supporting material has been completed. Clarington Fire and Emergency Services Department No fire safety concerns Durham Region Community Growth and Economic Development Department No comments Durham Region Works No comments Municipality of Clarington Committee of Adjustment A2025-0008 and A2025-0009 Date of Meeting: April 24, 2025 File Number: A2025-0008 and A2025-0009 Page 2 Address: 42, 46, 50, 54, 58, 94, 98 and 102 Robert Woodward Trail; 112, 116, 120, 124 and 128 Ronald Hooper Avenue; 119, 175 and 179 Northglen Boulevard; 262, 266, 263 and 259 Crombie Street, hereby referred to as Lot 13 Concession 2, Lots 1, 10-11, 13-14, 28- 29 and 36-48), Bowmanville, ON Report Subject: Minor Variance application A2025-0008 is to facilitate Treasure Hill Bowmanville Incorporated Lot 13 Concession 2 Lots 36-48. The application proposes to: a) decrease the minimum soft landscaping within the front yard or exterior side yard from 40% to 33%; b) increase the maximum lot coverage of the dwelling from 40% to 45%; c) increase the maximum lot coverage for the total of all buildings and structures from 45% to 47%; and d) increase the maximum outside width of the garage from 4 metres to 6.2 metres. Minor Variance application A2025-0009 is to facilitate Treasure Hill Bowmanville Incorporated Lot 13 Concession 2 Lots 1, 10-14, 28-29. The application proposes to: a) decrease the minimum soft landscaping within the front yard or exterior side yard from 40% to 33%; b) decrease the rear yard setback from 7.5 metres to 6.5 metres; c) increase the maximum lot coverage of the dwelling from 40% to 50%; d) increase the maximum lot coverage for the total of all buildings and structures from 45% to 52%; and e) increase the maximum outside width of the garage from 6.4 metres to 9.4 metres. Recommendations: 1. That the Report for Minor Variance A2025-0008 and A2025-0009 be received. 2. That all written comments and verbal submissions be considered in the deliberation of this application. 3. That application A2025-0008 for a minor variance to Zoning By -Law 84-63 Sections 13.4.57, and Section 3.16.c.iii as amended by By-law 2024-032 to facilitate Treasure Hill Bowmanville Incorporated Lot 13 Concession 2 Lots 36-48 by. a) decreasing the minimum soft landscaping within the front yard or exterior side yard from 40% to 33%; b) increasing the maximum lot coverage of the dwelling from 40% to 45%; c) increasing the maximum lot coverage for the total of all buildings and structures from 45% to 47%; and Municipality of Clarington Committee of Adjustment A2025-0008 and A2025-0009 Page 3 d) increasing the maximum outside width of the garage from 4 metres to 6.2 metres; and that application A2025-0009 for a minor variance to Zoning By -Law 84-63 Sections 13.4.55 and 13.2, as well as Section 2 and 3.16.c.iii as amended by By-law 2024-032 to facilitate Treasure Hill Bowmanville Incorporated Lot 13 Concession 2 Lots 36-48 by: a) decreasing the minimum soft landscaping within the front yard or exterior side yard from 40% to 33%; b) decreasing the rear yard setback from 7.5 metres to 6.5 metres; c) increasing the maximum lot coverage of the dwelling from 40% to 50%; d) increasing the maximum lot coverage for the total of all buildings and structures from 45% to 52%; and e) increasing the maximum outside width of the garage from 6.4 metres to 9.4 metres. f) be tabled for a period of up to 90 days to allow for further discussions between the applicant and staff; allow the applicant to submit the outstanding materials and to allow staff to properly review the application and assess whether any additional materials will be required in order to evaluate the proposed variances. 4. That all interested parties listed in this report be forwarded a copy of Committee's decision. Municipality of Clarington Committee of Adjustment A2025-0008 and A2025-0009 1. Application Details 1.1 Owner/Applicant: Howard Li - Plainview Heights Property Ltd. 1.2 Agent: Kagan Shastri DeMelo Winer Park LLP 1.3 Proposal: Page 4 The purpose of A2025-0008 is to facilitate Treasure Hill Bowmanville Incorporated Lot 13 Concession 2 Lots 36-48. The application proposes to: a) decrease the minimum soft landscaping within the front yard or exterior side yard from 40% to 33%; b) increase the maximum lot coverage of the dwelling from 40% to 45%; c) increase the maximum lot coverage for the total of all buildings and structures from 45% to 47%; and d) increase the maximum outside width of the garage from 4 metres to 6.2 metres. The purpose of A2025-0009 is to facilitate Treasure Hill Bowmanville Incorporated Lot 13 Concession 2 Lots 1, 10-14, 28-29. The application proposes to: a) decrease the minimum soft landscaping within the front yard or exterior side yard from 40% to 33%; b) decrease the rear yard setback from 7.5 metres to 6.5 metres; c) increase the maximum lot coverage of the dwelling from 40% to 50%; d) increase the maximum lot coverage for the total of all buildings and structures from 45% to 52%; and e) increase the maximum outside width of the garage from 6.4 metres to 9.4 metres. 1.4 Area of Lot: Area affected is approximately 1.86 acres. Individual lot sizes range from 336 to 470 metres squared. 1.5 Location Lot 13 Concession 2, Lots 1, 10-11, 13-14, 28-29 and 36-48, Bowmanville, ON (See Figure 1) Municipality of Clarington Committee of Adjustment A2025-0008 and A2025-0009 Page 5 1.6 Zoning: Lots affected by A2025-0008 are zoned Urban Residential Exception (R2-55) and Holding Urban Residential Exception ((H)R2-55), and lots affected by A2025-0009 are zoned Urban Residential Exception (R2-57) and Holding Urban Residential Exception ((H)R2-57). 1.7 Clarington Official Plan Designation: Urban Residential 1.8 Heritage Status: N/A 1.9 Water Supply: Municipal 1.10 Sewage Disposal: Municipal Municipality of Clarington Committee of Adjustment A2025-0008 and A2025-0009 Figure 1: Property Location Map Page 6 Municipality of Clarington Committee of Adjustment A2025-0008 and A2025-0009 2. Background Page 7 2.1 On February 20, 2025, the Planning and Infrastructure Services Department received two applications at Lot 13 Concession 2, Lots 1, 10-11, 13-14, 28-29 and 36-48. A2025-0008 regards 10 metre lots and A2025-0009 regards 13 metre lots within the same subdivision. Both applications was deemed incomplete as payment was only received for one lot, and only one siting plan reflecting the worst case scenario in the zone was submitted. 2.2 Staff advised the applicant to book a time to meet to discuss the applications as these are significant requested variances for a significant number of lots within a registered plan of subdivision, registered on July 11, 2014 where zoning approval was received from Council on March 21, 2016. 2.3 Staff advised that in order to understand the full scope of the proposed variances that additional information would be required. Staff also advised that if the applicant wished to proceed, payment for all 11 lots as well as siting plans for all lots would be required to allow staff to properly review each lot on an individual basis. 2.4 The applicant provided the above and stated they wished to move forward with the minor variance application. Staff received the additional siting plans and elevation drawings on March 17 and March 20, 2025, respectively. Staff also received payment for the remaining lots on March 20, 2025. 2.5 After further review of the requested variances staff deemed the application incomplete as implications to utilities, stormwater, architectural guidelines and a number of other issues were still unclear. The applicant met with Development Review and Development Engineering staff on Monday, March 31. Within this meeting staff requested the following: a) Updated grading plan; b) Confirmation from an engineer that the increased lot coverage does not exceed the pond allocation for each lot; c) Updated Utility Plan; d) Updated On -Street Parking Plan; e) Updated Blvd Planting Plan; f) Confirmation appropriate snow storage areas can be achieved; g) Demonstrate the amount of soft landscaping that can be achieved in the front yard; and 2.6 Demonstrate that Clarington's Architectural Control Guidelines are being upheld in terms of Section 4 and still meeting the general intent of the guidelines. Municipality of Clarington Committee of Adjustment A2025-0008 and A2025-0009 Page 8 Staff received documents a-f from the applicant on April 9, 2025. Staff received document h on April 16, 2025. On April 17, 2025, staff requested a Planning Justification for the amount of soft landscaping proposed and an explanation for how the requested variances meet the four tests for minor variance. 2.7 Staff recommend that this application be tabled to allow for the applicant to submit the requested information and for staff to be able to complete a proper review of all related plans and studies and to ensure no further information is required from the applicant. 3. Public Notice and Submissions 3.1 Pursuant to the requirements of the Planning Act, the appropriate signage acknowledging the application was installed on the subject lands. In addition, a public notice was mailed to each landowner within 60 meters of the subject lands. 3.2 At the time of writing this report, Staff did not receive any inquiries about the application. 4. Conclusion 4.1 Given the above, Staff recommends that: Minor Variance Application A2025-0008 for a minor variance to Zoning By -Law 84-63 Sections 13.4.57, and 3.16.c.iii as amended by By-law 2024-032 to facilitate Treasure Hill Bowmanville Incorporated Lot 13 Concession 2 Lots 36-48 by a) decreasing the minimum soft landscaping within the front yard or exterior side yard from 40% to 33%; b) increasing the maximum lot coverage of the dwelling from 40% to 45%; c) increasing the maximum lot coverage for the total of all buildings and structures from 45% to 47%; and d) increasing the maximum outside width of the garage from 4 metres to 6.2 metres; and Minor Variance Application A2025-0009 for a minor variance to Zoning By -Law 84-63 Sections 13.4.55 and 13.2, as well as Section 3.16.c.iii as amended by By-law 2024-032 to facilitate Treasure Hill Bowmanville Incorporated Lot 13 Concession 2 Lots 36-48 by: g) decreasing the minimum soft landscaping within the front yard or exterior side yard from 40% to 33%; h) decreasing the rear yard setback from 7.5 metres to 6.5 metres; i) increasing the maximum lot coverage of the dwelling from 40% to 50% j) increasing the maximum lot coverage for the total of all buildings and structures from 45% to 52%; and Municipality of Clarington Committee of Adjustment A2025-0008 and A2025-0009 Page 9 k) increasing the maximum outside width of the garage from 6.4 metres to 9.4 metres. be tabled for a period of up to 90 days to allow for further discussions between the applicant and staff; allow the applicant to submit the outstanding materials and to allow staff to properly review the application and assess whether any additional materials will be required in order to evaluate the proposed variances. Submitted by: I /�,// v Hebah Masood Acting Secretary / Treasurer Committee of Adjustment Concurrence: This report has been reviewed by Sarah Parish, MCIP, RPP, Principal Planner who concurs with the recommendations. Staff Contact: Hebah Masood, Planner I, 905-623-3379 ext. 2437 or HMasood@clarington.net Interested Parties: The following interested parties will be notified of Committee's decision: N/A Clarington Summary of Comments Submitted A2025-0010 & A2025-0011 18 Rose Crescent, Newtonville Planning and Infrastructure Services Committee of Adjustment Minor Variance Municipal Departments / External Agencies Comment Clarington Building Division No concerns Clarington Development Engineering Division No concerns and see attachment 1 Clarington Fire and Emergency Services Department No concerns Durham Works Department No concerns Durham Region Health Department Further investigation is required for the Hydrogeological Study and see attachment 2 Municipality of Clarington Committee of Adjustment A2025-0010 & A2025-0011 Page 2 If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Date of Meeting: April 24, 2025 File Number: A2025-0010 & A2025-0011 Address: 18 Rose Crescent, Newtonville Report Subject: A minor variance application to reduce the minimum lot area from 4000 square meters to 2448.5 square meters on the severed lot and to reduce minimum lot area from 4000 square meters to 2447.3 square meters on the retained lot in the associated consent application (B2025-0011). Recommendations: 1. That the Report for Minor Variance Application A2025-0010 & A2025-0011 be received; 2. That all written comments and verbal submissions are considered in the deliberation of this application; 3. That application A2025-0010 & A2025-0011, for a Minor Variance to Section 9.2.a. of Zoning By-law 84-63, to reduce the minimum lot area from 4000 square meters to 2448.5 square meters on the severed lot and to reduce minimum lot area from 4000 square meters to 2447.3 square meters on the retained lot in the associated consent application (132025-0011), be tabled for a period of up to one (1) year and no later than April 2026. 4. That all interested parties listed in this report be forwarded a copy of the Committee's decision. Municipality of Clarington Committee of Adjustment A2025-0010 & A2025-0011 Page 3 1. Application Details 1.1 Owner: Jan Choi & Ryan Farrow 1.2 Applicant: Lynda Farrow 1.3 Proposal: A minor variance application to reduce the minimum lot area from 4000 square meters to 2448.5 square meters on the severed lot and to reduce minimum lot area from 4000 square meters to 2447.3 square meters on the retained lot in the associated consent application (B2025-0011). 1.4 Area of Lot: 4,895.80 square metres 1.5 Location: 18 Rose Crescent, Newtonville 1.6 Zoning: Residential Hamlet (RH) in Zoning By-law 84-63 1.7 Clarington Official Hamlet Plan Designation: 1.8 Water Supply: Municipal Servicing 1.9 Sewage Disposal: Private Servicing Municipality of Clarington Committee of Adjustment A2025-0010 & A2025-0011 Figure 1: Property Location Map Page 4 Municipality of Clarington Committee of Adjustment A2025-0010 & A2025-0011 Page 5 2. Background 2.1 On February 28, 2025, Planning Staff received an application for Minor Variance from the owner/applicant of 18 Rose Cresent, Newtonville. 2.2 The subject lands as it is today, contains an existing accessory building, but no principal dwelling. The proposal intends to retain this accessory building on the newly created retained lot. However, Zoning By-law 84-63 does not permit accessory buildings on lots that do not contain a principal dwelling. As a condition of the consent application, the applicant will be required to demonstrate legal non -conforming of the existing accessory building. 3. Land Characteristics and Surrounding Uses 3.1 The subject property is located Southeast of Highway 2 on the north side of Rose Crescent (See Figure 1). The subject property has an area of 4,895.80 square metres and lot frontage of 107.9 metres. 3.2 The surrounding uses are as follows: a. South — Rural Residential lots with single detached dwellings and Agricultural Farmlands b. North- Rural Residential lots with single detached dwellings and Agricultural Farmlands c. East — Rural Residential lots with single detached dwellings d. West — Rural Residential lots with single detached dwellings 4. Public Notice and Submissions 4.1 Pursuant to the requirements of the Planning Act, the appropriate signage notifying of the application was installed on the subject lands. In addition, the appropriate notice was mailed to each landowner within 60m of the subject site. 4.2 At the time of writing this report, staff have not received any inquiries regarding the proposal. 5. Conclusion 5.1 Staff recommend tabling of the minor variance application for a period of up to one (1) year and no later than April 2026. Municipality of Clarington Committee of Adjustment A2025-0010 & A2025-0011 Submitted by: 6 h Akibul Hoque Acting Secretary -Treasurer Committee of Adjustment Municipality of Clarington Concurrence: Page 6 This report has been reviewed by Sarah Parish, MCIP, RPP, Principal Planner, who concurs with the recommendations. Staff Contact: Akibul Hoque, Planner I, (905) 623-3379 x2418 or ahogue clarington.net. Attachments: Attachment 1: Development Engineering Division Comments Attachment 2: Durham Regional Health Department Comments Interested Parties: The following interested parties will be notified of Committee's decision: Lynda Farrow IIf.TtSIN.71 Ryan Farrow Clarbgton MEMO If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. To: Akibul Hoque, Planner I From: Karen Richardson, Manager of Development Engineering Date: April 09, 2025 Subject: Minor Variance Application A2025-0010/0011 File: Applicant: Lynda Farrow Address: 18 Rose Cresent, Newtonville Part Lot 08, Concession 01, Former Township of Clarke A2025-0010/0011 The applicant requires a Minor Variance to reduce the minimum lot area from 4000 square meters to 2448.50 square meters on the severed lot and to reduce minimum lot area from 4000 square meters to 2447.3 square meters on the retained lot in the associated consent application (132025-0011). Development Engineering has reviewed the above -noted application. We have no objection to this proposal subject to the following comments. The applicant/owner must provide this department with a preliminary Lot Grading & Drainage Plan satisfactory to the Deputy CAO of Planning and Infrastructure Services prior to the clearance of consent for this severance. The Preliminary Grading and Drainage Plan must show how surface runoff will be managed and outline the water and septic service provisions for the lot. Refer to the comments associated with Land Division Application B2025-0011. If you have any questions regarding the above -noted comments, please contact Ajay Kumar Alagarsamy, Planning and Infrastructure Services Department. Karen Richardson, P.Eng. Manager of Development Engineering, Planning and Infrastructure Services KR/AKA The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1 C 3A6 1-800-563-1195 1 Local:905-623-3379 1 info@clarington.net I www.clarington.net Page 11 The Regional Municipality of Durham Planning and Economic Development Department 605 Rossland Rd. E. Level 4 PO Box 623 Whitby, ON L1 N 6A3 Canada 905-668-7711 1-800-372-1102 Email: planning@durham.ca durham.ca Brian Bridgeman, MCIP, RPP, PILE Commissioner of Planning and Economic Development April 22, 2025 Jacob Circo Acting Secretary/Treasurer Committee of Adjustment Planning and Infrastructure Services Municipality of Clarington 40 Temperance Street Bowmanville ON L1 C 3A6 Dear Jacob: Re: Application for Consent B2025-0011 Durham Ref.: LD 033/2025 Applicant: Lynda Farrow Location: 18 Rose Crescent, Newtonville Municipality: Clarington Hearina Date: April 24. 2025 RECOMMENDATION: That application B2025-0011 be deemed premature at this time. PURPOSE The purpose of the application is consent to sever a vacant 2,448.5 square metre hamlet residential lot, retaining a 2447.3 square metre hamlet residential lot with an existing dwelling. The proposed severed parcel will support the creation of a single detached dwelling. REGIONAL OFFICIAL PLAN (ENVISION DURHAM), PROVINCIAL PLANNING STATEMENT, AND PROVINCIAL PLAN REVIEW RESPONSIBILITIES Please be advised effective January 1, 2025, the Region became an upper -tier municipality without planning responsibilities. As such, comments pertaining to conformity and consistency with the Region of Durham Official Plan and provincial plans and policies and those comments relating to the Region's delegated provincial plan review responsibilities fall under the purview of the respective area municipality. If you require this information in an accessible format, please contact Planning Reception or call 1-800- 372-1102 extension 2548. LD 033/2025 AGENCY COMMENTS Region of Durham Health Department The above noted application has been reviewed by the Regional Health Department and we are unable to issue comments or conditions at this time. The Region of Durham requires a peer review by one of the Region's Peer Review Consultants of the Hydrogeological Study to be conducted, to the Region's satisfaction. We have reviewed the submitted information and the peer review can be initiated. Please note that both lots will be municipally serviced for water so the Peer Review Terms of Reference must be updated to remove any reference to the private water supply and D 5-5. Region of Durham Works Department The Region of Durham Works Department has indicated that it has no objection to the approval of the above noted consent application, subject to the applicant fulfilling the conditions outlined in its commenting letter, dated April 17, 2025. CONCLUSION The proposed severance application would permit the creation of one new residential lot to accommodate the development of a single - detached dwelling unit. The proposed application supports residential infilling and compact development. However, until such time as the submitted hydrogeological report is peer reviewed to the Region's satisfaction, conformity to the Region of Durham Official Plan cannot be determined. As such, the Region of Durham recommends that this application be deemed premature. Yours truly, M ad i o- M cK Madison McKinlay Student Planner Davi& Pe4- %vw David Perkins Project Planner -2- File: Clarington Summary of Comments Submitted A2025-0012 4488 Reid Road, Clarke Planning and Infrastructure Services Committee of Adjustment Minor Variance Municipal Departments / External Agencies Comment Clarington Building Division No concerns subject to a building permit for this proposal Clarington Development Engineering Division No concerns and see attachment 1 Clarington Fire and Emergency Services Department No concerns Ganaraska Region Conservation Authority (GRCA) Comments outstanding Municipality of Clarington Committee of Adjustment A2025-0012 Page 2 If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Date of Meeting: November 28, 2024 File Number: A2025-0012 Address: 4488 Reid Road, Clarke Report Subject: A minor variance application to facilitate the construction of an addition to an existing detached garage by increasing the maximum permitted accessory total floor area from 90 square metres to 235 square metres and by increasing the maximum permitted accessory building height from 4.5 metres to 6.55 metres. Recommendations: 1. That the Report for Minor Variance Application A2025-0012 be received; 2. That all written comments and verbal submissions be considered in the deliberation of this application; 3. That application A2025-0012, for a Minor Variance to Section 3.1.c of Zoning By-law 84-63, to facilitate the construction of an addition to an existing detached garage by increasing the maximum permitted accessory total floor area from 90 square metres to 235 square metres and by increasing the maximum permitted accessory building height from 4.5 metres to 6.55 metres, be approved as it maintains the general intent and purpose of the Clarington Official Plan, and the Zoning By-law 84-63, desirable for the appropriate development or use of the land and minor in nature. 4. That all interested parties listed in this report be forwarded a copy of the Committee's decision. Municipality of Clarington Committee of Adjustment A2025-0012 Page 3 1. Application Details 1.1 Owner: Harry Olsen 1.2 Applicant: Harry Olsen 1.3 Proposal: A minor variance application to facilitate the construction of an addition to an existing detached garage by increasing the maximum permitted accessory total floor area from 90 square metres to 235 square metres and by increasing the maximum permitted accessory building height from 4.5 metres to 6.55 metres. 1.4 Area of Lot: 6636.84 square metres 1.5 Location: 4488 Reid Road, Clarke 1.6 Zoning: Agricultural (A) Zone & Environmental Protection (EP) Zone (Zoning By -Law 84-63) 1.7 Clarington Official Prime Agricultural Areas & Environmental Protection Areas Plan Designation: 1.8 Water Supply: Private Servicing 1.9 Sewage Disposal: Private Servicing Municipality of Clarington Committee of Adjustment A2025-0012 Figure 1: Property Location Map Page 4 Municipality of Clarington Committee of Adjustment A2025-0012 Page 5 2. Background 2.1 On February 28, 2025, Planning Staff received an application for Minor Variance from the applicant and owner of 4488 Reid Road, Clarke. 2.2 The application seeks to facilitate the construction of an addition to an existing detached garage by increasing the maximum permitted accessory total floor area from 90 square metres to 235 square metres and by increasing the maximum permitted accessory building height from 4.5 metres to 6.55 metres. The applicant has submitted a scoped EIS report completed by a professional ecologist in support of his proposal. Staff are in support of the findings and recommendations of the scoped EIS report. 3. Land Characteristics and Surrounding Uses 3.1 The subject property is located east of Reid Road and north of Concession Road 4. (See Figure 1). The subject property has an area of 6636.84 square metres and frontage of 69.17 metres. 3.2 The surrounding uses are as follows: a. South — Woodlot and Agricultural Farmlands b. North- Woodlot and Agricultural Farmlands c. East — Woodlot and Agricultural Farmlands d. West — Woodlots 4. Public Notice and Submissions 4.1 Pursuant to the requirements of the Planning Act, the appropriate signage notifying of the application was installed on the subject lands. In addition, the appropriate notice was mailed to each landowner within 60m of the subject site. 4.2 At the time of writing this report, staff have not received any inquiries regarding the proposal. 5. Discussion Maintain the general intent and purpose of the Clarington Official Plan 5.1 The subject property is designated Prime Agricultural Areas and Environmental Protection Areas within the Clarington Official Plan. 5.2 The Clarington Official Plan permits the residential use of the property in the Prime Agricultural Area (including accessory structures i.e., sheds, garages). The proposed garage is accessory to the residential use and is permitted. Municipality of Clarington Committee of Adjustment A2025-0012 Page 6 5.3 It is staff's opinion that the application conforms to the general intent and purpose of the Official Plan. Maintain the general intent and purpose of the Zoning By-law 5.4 The subject property is zoned "Agricultural (A) Zone", while a small portion is zoned "Environmental Protection (EP) Zone within Zoning By-law 84-63. Since the lot is less than 2 hectares, the maximum permitted floor area for accessory structures are 90 square metres or 10 percent of the lot, whichever is less. The purpose of this provision is to ensure properties do not become overwhelmed with structures, that there is sufficient space for drainage, and to ensure accessory structures remain secondary to the principal residential use. The subject lot is sufficiently large (6636.84 square metres) relative to the 235 square metres of total floor space for accessory buildings/structures proposed by the applicant. The proposed accessory building would not dominate the lot on which it is sited, as accessory lot coverage would approximately be 4% of the lot, also leaving sufficient outdoor amenity space. 5.5 The intent of the Zoning By-law to restrict height of accessory structures and buildings is to ensure that the building remains accessory to the principal residential dwelling and to prevent the building's mass from overwhelming the property on which it is located or on neighbouring properties by ensuring an appropriate building size relative to the area of the lot. The increase in building height will not create privacy concerns and will not negatively impact the subject property or neighbouring properties since the entire property is screened by trees and vegetation, and the property rears onto a woodlot. 5.6 The proposal complies with all other provisions in the "Agriculture (A)" zone and will not alter the streetscape or the established character of the neighbourhood. The proposed variances will not negatively impact the subject property or neighbouring properties as the entire property is screened by trees and vegetation, and the property rears onto a woodlot. 5.7 Given the above considerations, the application to increase the maximum permitted total floor area for all accessory buildings/structures and height for the proposed accessory building meets the general intent and purpose of Zoning By-law 84-63. Desirable for the appropriate development or use of the land, building or structure 5.8 The appropriate use of the land is rural residential, and the proposed garage is accessory to the residential use. 5.9 The proposed accessory structure will allow the owner to store personal goods and automotives within a wholly enclosed structure, which will help the property maintain good property standards. The accessory structure will be located to have sufficient setbacks from neighbouring property lines and structures. 5.10 For the above stated reasons, it is staff's opinion that the minor variance requested is desirable for the residential use of the land and building. Municipality of Clarington Committee of Adjustment A2025-0012 Page 7 Minor in Nature 5.11 There is no privacy concerns as the neighbouring properties are screened by mature vegetation and trees. The proposed location is preferable as it minimizes the impact of the structure's size on adjacent properties. 5.12 The proposed garage will have a total floor area 235 square metres, or accessory lot coverage of approximately 4 percent of the lot. The proposed accessory structure will have no effect on neighbouring properties, as there are no nearby residential dwellings in close proximity to the accessory structure. Sufficient outdoor amenity space will be maintained and no issues with drainage are anticipated. 5.13 For the above stated reasons, it is staff's opinion that the proposed increase of the maximum permitted total floor area and maximum permitted height is minor in nature. 6. Conclusion 6.1 Given the above comments, staff recommend approval of the application for a Minor Variance to Section 3.1.c of Zoning By-law 84-63, to facilitate the construction of an addition to an existing detached garage by increasing the maximum permitted accessory total floor area from 90 square metres to 235 square metres and by increasing the maximum permitted accessory building height from 4.5 metres to 6.55 metres; as it maintains the general intent and purpose of the Clarington Official Plan, and the Zoning By-law 84-63, desirable for the appropriate development or use of the land and minor in nature. Submitted by: 6i h Akibul Hoque Acting Secretary -Treasurer Committee of Adjustment Municipality of Clarington Municipality of Clarington Committee of Adjustment A2025-0012 Page 8 Concurrence: This report has been reviewed by Sarah Parish, MCIP, RPP, Principal Planner, who concurs with the recommendations. Staff Contact: Akibul Hoque, Planner I, (905) 623-3379 x2418 or ahogue(o)_clarington.net. Attachments: Attachment 1: Development Engineering Division Comments Interested Parties: The following interested parties will be notified of Committee's decision: Harry Olsen Clarington MEMO If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. To: Akibul Hoque, Planner I From: Karen Richardson, Manager of Development Engineering Date: April 09, 2025 Subject: Minor Variance Application A2025-0012 File: Applicant: Harry Olsen. Address: 4488 Reid Road, Clarke Part Lot 11, Concession 04, Former Township of Clarke The applicant requires a Minor Variance to facilitate the construction of an addition to an existing detached garage by increasing the maximum permitted accessory total floor area from 90 square metres to 235 square metres and by increasing the maximum permitted accessory building height from 4.5 metres to 6.55 metres. Development Engineering has reviewed the above -noted application. We have no objection to this proposal. When the building permit applied for, the following comments must be addressed: • Grading plan will be required as part of the building permit. Review Section 800 of the Municipality of Clarington Engineering Design Guidelines for a more fulsome list of requirements for Grading Plan submissions. The proposed structure shall not affect adjacent property's grading or drainage. If you have any questions regarding the above -noted comments, please contact Ajay Kumar Alagarsamy, Planning and Infrastructure Services Department. Karen Richardson, P.Eng. Manager of Development Engineering, Planning and Infrastructure Services M. The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1 C 3A6 1-800-563-1195 1 Local:905-623-3379 1 info@clarington.net I www.clarington.net Page 11 Clarington Summary of Comments Submitted A2025-0014 & A2025-0016 5 Lynwood Avenue, Courtice Planning and Infrastructure Services Committee of Adjustment Minor Variance Municipal Departments / External Agencies Comment Clarington Building Division Comments Outstanding Clarington Development Engineering Division No Concerns Clarington Fire and Emergency Services Department Comments Outstanding Clarington Community Planning Comments Outstanding Durham Region Works Department No Concerns Regional Development Advisory Services No Concerns Durham Region Health Department Comments Outstanding Canada Post No Concerns Municipality of Clarington Committee of Adjustment A2025-0014 & A2025-0016 Page 2 If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Date of Meeting: April 24, 2025 File Number: A2025-0014 & A2025-0016 Address: 5 Lynwood Avenue, Courtice ON Report Subject: Minor Variance Applications A2025-0014 & A2025-0016 to facilitate the creation of two new lots (associated Consent Applications B2025-0012 & B2025-0013) by reducing the minimum lot area from 560 square metres to 390.08 square metres and by reducing the minimum lot frontage from 16 metres to 12.19 metres, and to facilitate the development of single detached dwellings on the lots by increasing the maximum total lot coverage for the dwelling from 30% to 40%, and to increase the maximum total lot coveraqe for all buildinqs and structures from 40% to 45%. Recommendations: 1. That the Report for Minor Variance Application A2025-0014 & A2025-0016 be received; 2. That all written comments and verbal submissions are considered in the deliberation of this application; 3. That Minor Variance Application A2025-0014 for variances to Section 12.4.32.a. by reducing the minimum lot area from 560 square metres to 390.08 square metres, Section 12.4.32.b.i. by reducing the minimum lot frontage from 16 metres to 12.19 metres, Section 12.4.32.d.i. by increasing the maximum lot coverage for the dwelling from 30% to 40%, and Section 12.4.32.d.ii by increasing the maximum total lot coverage for all buildings and structures from 40% to 45% within Zoning By-law 84-63 to facilitate the severance of Part 2 on the draft reference plan and the construction of a single detached dwelling be approved subject to the following condition; a. That the applicant must demolish the existing single detached dwelling on the proposed retained and severed parcel; a demolition permit is required. That Minor Variance Application A2025-0016 for variances to Section 12.4.32.a. by reducing the minimum lot area from 560 square metres to 390.08 square metres, Section 12.4.32.b.i. by reducing the minimum lot frontage from 16 metres to 12.19 metres, Section 12.4.32.d.i. by increasing the maximum lot coverage for the dwelling from 30% to 40%, and Section 12.4.32.d.ii by increasing the maximum total lot coverage for all buildings and structures from 40% to 45% within Zoning By-law 84-63 to facilitate the severance of Part 3 on the draft reference plan and the construction of a single detached dwelling be approved subject to the following condition; Municipality of Clarington Committee of Adjustment A2025-0014 & A2025-0016 Page 3 b. That the applicant must demolish the existing accessory structure on the proposed parcel; a demolition permit is required. as it maintains the general intent and purpose of the Clarington Official Plan, maintains the general intent and purpose of Zoning By-law 84-63, is desirable for the appropriate development or use of the land, and is minor in nature. 4. That all interested parties listed in this report be forwarded a copy of the Committee's decision. Municipality of Clarington Committee of Adjustment A2025-0014 & A2025-0016 1. Application Details 1.1 Owner: Jonah Szent-Ivany 1.2 Applicant: Jonah Szent-Ivany Page 4 1.3 Proposal: A minor variance application to facilitate the creation of two new lots by reducing the minimum lot area from 560 square metres to 390.08 square metres and by reducing the minimum lot frontage from 16 metres to 12.19 metres, and to facilitate the development of single detached dwellings on the lots by increasing the maximum total lot coverage for the dwelling from 30% to 40%, and to increase the maximum total lot coverage for all buildings and structures from 40% to 45%. 1.4 Area of Lot: 1462.8 square metres 1.5 Location: 5 Lynwood Avenue, Courtice 1.6 Zoning: Urban Residential Exception (R1-32) within Zoning By-law 84- 63 1.7 Clarington Official Urban Residential Plan Designation: 1.8 Secondary Plan Designation N/A 1.9 Heritage Status: N/A 1.10 Water, Sewage and Municipal Water and Storm Servicing, Existing Septic with Storm Servicing: Proposed Municipal Sanitary Servicing Municipality of Clarington Committee of Adjustment A2025-0014 & A2025-0016 Page 5 3121 24 21 3114 23 3100 17 17 18 d 7 3081 C 11 at 1192 2. 5 14 Q 3079 O O C J 7 3088 8 LOT: 29 LOT: 28 CON: 3 CON: 3 3 24 20 8 6 4 2 O W51 d V Westmore Street o v 33 29 19 15 13 119 7 5 3 1 3035 25 3012 1720A 1 2A 1722 1750 17M 722 1724 726 1730 173 736 173 174 1748 Nash Road LOT: 29 LOT: 28 CON. 2 CON: 2 1717 0 Property Location Map (Courtice);: - N a Area Subject To Minor Variance 5 Lynwood Avenue, Courtice • a,wn a".nie Newcastle A2025-0014 & A2025-0016 Lake Ontario Figure 1: Property Location Map Municipality of Clarington Committee of Adjustment A2025-0014 & A2025-0016 2. Background Paae 6 2.1 On March 21, 2025, Planning Staff received two applications for Minor Variance from the owner of 5 Lynwood Avenue, with associated Consent Applications B2025-0012 & B2025-0013. The Minor Variance seeks to facilitate the creation of two new lots with single detached dwellings on the proposed severed lots fronting Westmore Street. 2.2 Four (4) Minor Variances are required to facilitate the lot creation and development of a single detached dwelling on each of the proposed severed lots in associated Consent Applications B2025-0012 & B2025-0013. The variances for the severed lots Part 2 on the draft reference plan (A2025-0014), and Part 3 on the draft reference plan (A2025- 0016) are to reduce the minimum lot area from 560 square metres to 390.08 square metres, to reduce minimum lot frontage from 16 metres to 12.19 metres, to increase the maximum total lot coverage for the dwelling from 30% to 40%, and to increase the maximum total lot coverage for all buildings and structures from 40% to 45%. 2.3 The existing single dwelling unit and accessory structure will require demolition permits to facilitate the proposed single detached dwellings. 2.4 The variance to increase the maximum lot coverage for all buildings and structures from 40% to 45% intends to provide flexibility for future owners to add accessory structures (e.g., a shed) as they are permitted to have them in the (R1-32) zone. 2.5 The initial Site Plan submitted required additional variances to facilitate the single detached dwellings, in addition to multiple variances for the proposed single detached dwelling on the retained lot. The applicant worked with Planning Staff to bring the proposal for the retained lot in conformity with Zoning By-law 84-63, eliminating the requirement for any variances on the retained lot. The applicant revised the Site Plan (see Figure 2) for both the proposed severed lots to reduce the number and significance of the variances, expressing the desire to align to the existing character of the neighbourhood and Zoning By-law 84-63 to the greatest extent possible. 2.6 The applicant did not provide elevation drawings to show the proposed building heights. The applicant expressed the intent to keep the height within the permitted maximum building height of 8 metres within the (R1-32) Zone. The applicant understands that if the proposed height of the dwellings are not in conformity to Zoning By-law 84-63 during the building permit review, they are required to revise drawings or apply for additional variances. Municipality of Clarington Committee of Adjustment A2025-0014 & A2025-0016 Page 7 i \Z Q O -' EKG RGI.[D �K ORGIIRO 9 i9 9 i9 I k I n rec•:r r � 2 �. �, R00►07fD N6'P07f0 3 efer-.c 4zF� 7YO[r R9tX 1Q j^ f TKl1 G 5 � Figure 2 — Site Plan 3. Land Characteristics and Surrounding Uses 3.1 The subject property is located at 5 Lynwood Avenue, Courtice, which is located north of Nash Road and west of Courtice Road (See Figure 1). The property's lot area is approximately 1,462.8 square metres. 3.2 The surrounding uses to the north, south, east, and west are low density residential with single detached dwellings. 4. Public Notice and Submissions 4.1 Pursuant to the requirements of the Planning Act, the appropriate signage notifying of the application was installed on the subject lands. In addition, the appropriate notice was mailed to each landowner within 60m of the subject site. 4.2 At the time of writing this report, staff have received one comment from members of the public in opposition to the proposal. 4.3 At the time of writing this report, staff have received no comments in opposition to the proposed development from internal departments or agencies. Municipality of Clarington Committee of Adjustment A2025-0014 & A2025-0016 Paae 8 5. Discussion Maintain the general intent and purpose of the Clarington Official Plan 5.1 The subject property is designated "Urban Residential" within Clarington's Official Plan which permits the proposed residential uses and the construction of the single detached dwellings on both the proposed severed lots (Parts 2 and 3 on the draft reference plan) as part of the proposed Consent Applications (132025-0012 & B2025-0013). 5.2 The proposed variances maintain the existing residential use of the land and are in keeping with the intent of the "Urban Residential" land use designation in Clarington's Official Plan as they maintain a suitable urban residential sized lot and dwelling type that is consistent with the parcel fabric in the established neighbourhood. 5.3 It is Staff's opinion that the proposal maintains the general intent and purpose of the Clarington Official Plan. Maintain the general intent and purpose of the Zoning By-law 5.4 The subject property is zoned "Urban Residential Exception (R1-32)" within Zoning By - Law 84-63. The zone permits single detached dwellings. In November 2016, the Municipality did a comprehensive Zoning By-law Amendment to facilitate a low-rise, low density neighbourhood character area in the Glenview Neighbourhood. This application seeks to facilitate the construction of single detached dwellings. The applicant has expressed the intent to maintain the existing character of the neighbourhood in the built form through complying with the maximum building height and design of the dwellings. 5.5 The intent and purpose of frontage and lot area is to ensure that there is sufficient area to situate a single detached dwelling with appropriate setbacks from abutting properties, while also accommodating access and space for driveways and soft landscaping, as well as creating a consistent neighbourhood character. 5.6 The proposed reduction in frontage from 16 metres to 12.19 metres and reduced lot area from 560 square metres to 390.08 square metres for the severed parcels have sufficient lot area can accommodate the construction of the single detached dwellings with appropriate driveway locations, soft landscaping, and setbacks. Staff do not anticipate that the reduced frontage and lot area will have adverse impacts to the future residents, streetscape, or surrounding area. 5.7 The intent and purpose of lot coverage is to maintain landscaped open space and soft landscaping requirements. The increase in lot coverage for the dwelling from 30% to 40% and increase in the total lot coverage for all buildings and structures from 40% to 45% does not impact the landscaping provisions and no additional variances are required to accommodate soft landscaping or landscaped open space. 5.8 For the above stated reasons, it is Staff's opinion that the Minor Variances requested conform with the general intent and purpose of Zoning By-law 84-63. Municipality of Clarington Committee of Adjustment A2025-0014 & A2025-0016 Paae 9 Desirable for the appropriate development or use of the land, building or structure 5.9 The appropriate use of land for 5 Lynwood Avenue is residential. The reduction in lot frontage from 16 metres to 12.19 metres for both the severed parcels is appropriate development as it facilitates the gentle intensification of single detached dwellings while maintaining appropriate access and setbacks. 5.10 Intensification through infill development is desirable where it can be accommodated as it makes efficient use of existing infrastructure while providing additional housing that is necessary within urban boundaries to align to housing targets and increase Clarington's housing supply. 5.11 The lot area and frontages are generally consistent with neighbouring properties. The built form including height and design are intended to maintain the existing neighbourhood character. The proposed variances to facilitate the severance and construction of single detached dwellings on the proposed severed lots is appropriate for the residential use of the land. 5.12 It is Staff's opinion that the Minor Variances required are desirable for the use of land and building through gentle intensification and increasing housing supply within the Courtice Urban Area. Minor in Nature 5.13 In determining if the variances are minor, Staff note the test is not simply a question of numbers or a calculation, and that the concept of "minor" maintains a flexible approach. It is understood each variance will be assessed individually, with interpretations based on the unique circumstances of each application. 5.14 The proposed lot frontages and lot area can accommodate all necessary access and parking, the permitted single detached dwellings and future accessory structures, as well as maintains the required setbacks and landscaping requirements. Staff do not anticipate negative impacts to future residents, the streetscape, or neighbourhood. 5.15 It is Staff's opinion that the proposal is minor in nature as it does not have a negative impact on the neighbourhood or land, and it is a moderate increase to the permitted provisions of Zoning By-law 84-63 to facilitate the creation of two new lots and construction of single detached dwellings. 6. Conclusion 6.1 Based on Staff's review of the requested Minor Variances, the application maintains the general intent and purpose of the Clarington Official Plan, maintains the general intent and purpose of the Zoning By-law, is desirable for the appropriate development or use of land, and is deemed to be minor in nature. Municipality of Clarington Committee of Adjustment A2025-0014 & A2025-0016 Page 10 6.2 Given the above comments, Staff recommends that: Minor Variance Application A2025-0014 (Part 2 on the draft reference plan) for variances to Sections 12.4.32.a, 12.4.32.b.i., 12.4.32.d.i., and 12.4.32.d.ii of Zoning By- law 84-63 to facilitate the creation of a new lot and the construction of a single detached dwelling by reducing the minimum lot area from 560 square metres to 390.08 square metres and by reducing the minimum lot frontage from 16 metres to 12.19 metres, and to facilitate the development of single detached dwellings on the lots by increasing the maximum total lot coverage for the dwelling from 30% to 40%, and to increase the maximum total lot coverage for all buildings and structures from 40% to 45% be approved subject to the following condition: a. That the applicant must demolish the existing single detached dwelling on the proposed retained and severed parcel; a demolition permit is required. Minor Variance Application A2025-0016 (Part 3 on the draft reference plan) for variances to Sections 12.4.32.a, 12.4.32.b.i., 12.4.32.d.i., and 12.4.32.d.ii of Zoning By- law 84-63 to facilitate the creation of a new lot and the construction of a single detached dwelling by reducing the minimum lot area from 560 square metres to 390.08 square metres and by reducing the minimum lot frontage from 16 metres to 12.19 metres, and to facilitate the development of single detached dwellings on the lots by increasing the maximum total lot coverage for the dwelling from 30% to 40%, and to increase the maximum total lot coverage for all buildings and structures from 40% to 45% be approved subject to the following condition: b. That the applicant must demolish the existing accessory structure on the proposed parcel; a demolition permit is required. Submitted by: Ainsley Johnston, Planner Development Review Division Committee of Adjustment at the Municipality of Clarington Municipality of Clarington Committee of Adjustment A2025-0014 & A2025-0016 Page 11 Concurrence: This report has been reviewed by Sarah Parish, MCIP, RPP, Principal Planner, who concurs with the recommendations. Staff Contact: Ainsley Johnston, Planner, (905) 623-3379 x2438 or AJohnston(a-)_Clarington.net. Attachments Attachment 1: Site Plan Attachment 2: Clarington Development Engineering Comments Attachment 3: Durham Region Works Department Comments Attachment 4: Regional Development Advisory Services Comments Attachment 5: Canada Post Comments Attachment 6: Member of the Public Comment Interested Parties: Dolores Hickey The following interested parties will be notified of Committee's decision: Dolores Hickey PAPT I - LOT AMA - 682.8 m� PAPT 2 - LOT AMA - 390 m' PAI?f 3 - LOT AP.FA - 390 m z N 71' 05' 10'' E 2134 O O LOT NO. 40 PAPf 1,2,3 PLAN N0. N632 TOWN OF C0UPI1CF MUNICIPALITY OF CLAMNGTON .�i��iy9C�➢��f31 � .�f�I�iy9C�➢��f�IG] LINE Or KEQUIMP LINE OF �EQLPI p LINE OF KEQLIIMP 00 SE—K5 SETDACK5 5FTDACK5 800 11.84 1.50 1,50 9,19 1.50 1,50 9,19 1,50 4 pr o o 0 0 � � � � f'KOf'OSEb 1,22 2 STOI:Y p�01'OSEt7 I:OI'OSEI72 5-rCk'YI:ESIDENCE 3 M51DNCE6.78 6.56 6.50 L50 1.50 432 488 L50 1.501,"2 4.5 488 6,78 LIMO r,:FQUI1'.FrJ Q LINE RE UIREI7 > LINE Or kF UMP 3 5Ei13ACK5 3 5E113ACK5 PAPT fl PAPT 2 > n PAPT 3 n ro n � O O O O � N 71` U5' IU" F 2134 N71` U5' IU" E I'L.IN N71' U5' IU" E I'L.19 M51-MOPIF 51-p'-F�f PAP.TI PAPT 3 LOT AP.�A - 682.8 m' (7349.6 5 PT') LOT AP.PA - 390 m' (4197.96 PT') PPOP05Pn PP5117PNCF POOTPPINT - 19832 m' (2134 PT') MOP051W PP51PE�NCP FOOTPRINT - 147 m' (1583 FT') LOT COVM46L - 297. LOT COVE p-A6F- - 37 FWNT YAPP LAN175CAPING PpONT YAPL) LANDSCAPING F1?ONT YAM - 170.69 ma ( 1837.36 PT') PpONT YAP2 - 97.6 m' (1051 PT') DPIVFWAY - 51.9 m' ( 559 PT') DPIVPWAY - 39 m' (419.96 PT') FP.ONT YAP.D LAND5CAMN6 - 707. MOW YAR) LAN25CAPIN6 - 60% PAPT 2 LOT APPA - 390 m' (4197.96 PTz) PROP05PD PF-511PNCP FOOTPRINT - 147 m' (158-5 PT') LOT COVFIZ LF - 377 FRONT YAP,P LAND5CAPING FP'ONT YAPW - 97.6 m' ( 1051 PT') DPIVPWAY - 39 m' (419.96 PT') PPONT YAR) LAND5CAPIN6 - 607 MIN02 VA0ANC�: I MINIMUM L-01" APFA 1,�QUKFP 560 5QUApF- MF-112F-5 - PP,01?05�P L-Of APF-A C PAFT 2 & 3> - 390 m2 2. MINIMUM L-Of `120N1"A6F PFQUIF,�P 16 - PP,01?05�P 1-01' FI?0NTA6F (PAP,-" 2 & 3> - 12,19 m 3, MAXIMUM 1-01- COVF F - 30 PF-PCFN1r - PPOP05�P UOf COVFPA61� - 40 P�FCF-Nf The under5lgned has reviewed and takes re5pon5ib111ty for this de5ign, and has the quali atio meets the recviremerrt5 set in 41e r i'Wino, ode to be a de5icgner. Trevor Jones 38508 NAME GNATU:E 60N new castle Jraf 9 & esi nc. 29016 FIRM NAME 6CIN neW CawAS'tIe drafting & design inc. 76 Baldwin St. Newcastle, Ontario LIB IH1 PH.905-987-5263 FX.905-987-1180 web site: www.newcastledrafting.ca email: ncdraftmg@on.aibn.com F/'\N Or pplo o5r-b 511F- PLAN FOp 5 L-YNWOOP AVF-NUI� CL-AIJN61"0N SCALE 1 :250 SHT 1 OF NAWAINNE DATE DRAWN 03/20/2 5 TRJ DRAWING NUMBER 1 _ 2 5-03-09 Clarbgton MEMO If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. To: Ainsley Johnston, Planner From: Karen Richardson, Manager of Development Engineering Date: March 31, 2025 Subject: Minor Variance Application A2025-0014/0016 File: Applicant: Jonah Szent-lvany Address: 5 Lynwood Avenue, Courtice This application is associated with approved Land Division application (B2025- 0012/0013) Consent to facilitate the creation of single detached dwelling lots by reducing the minimum required lot area, minimum required lot frontage, and by increasing the maximum total lot coverage for the dwelling and all buildings and structures as following: A2025-0014 To reduce minimum lot area from 560 square metres to 390.08 square metres, to reduce minimum lot frontage from 16 metres to 12.19 metres, to increase the maximum total lot coverage for the dwelling from 30% to 40%, and to increase the maximum total lot coverage for all buildings and structures from 40% to 45% (Part 2 of the draft reference plan). A2025-0016 To reduce minimum lot area from 560 square metres to 390.08 square metres, to reduce minimum lot frontage from 16 metres to 12.19 metres, to increase the maximum total lot coverage for the dwelling from 30% to 40%, and to increase the maximum total lot coverage for all buildings and structures from 40% to 45% (Part 3 of the draft reference plan). We have reviewed the above -noted application and have no objection to this proposal. The applicant is required to review the comments provided for the Land Division application (B2025-0012/0013) in order to proceed with the next steps of the development process. The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1 C 3A6 1-800-563-1195 1 Local:905-623-3379 1 info@clarington.net I www.clarington.net Page 11 A2025-0014/0016 If you have any questions regarding the above -noted comments, please contact Julia Antonova, Planning and Infrastructure Services Department. Karen Richardson, P.Eng. Manager of Development Engineering, Planning and Infrastructure Services I:4C7D19_\ The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1 C 3A6 1-800-563-1195 1 Local:905-623-3379 1 info@clarington.net I www.clarington.net Page 12 From: Grant Youna To: Kelloway. Elissa Subject: 2025-C-Misc22 - (A2025-0014-0016) 5 Lynwood Avenue, Clarington - Regional Works Comments Date: April 16, 2025 3:42:57 PM Attachments: image001.p_na imaQe002.a_na image003.a_na imaae004.a_na image005.Dna EXTERNAL Hello, Regional Works has reviewed the circulated minor variance applications A2025-0014, A2025-0015 & A 2025-0016 and we have no objections or conditions to be imposed upon the further processing of these applications. Thankyou Grant Young C.E.T. I Works Technician 2 Development Approvals The Regional Municipality of Durham grant.young&durham.ca 1 905-668-4113 extension 2479 durham.ca THIS MESSAGE IS FOR THE USE OF THE INTENDED RECIPIENT(S) ONLY AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, PROPRIETARY, CONFIDENTIAL, AND/OR EXEMPT FROM DISCLOSURE UNDER ANY RELEVANT PRIVACY LEGISLATION. No rights to any privilege have been waived. If you are not the intended recipient, you are hereby notified that any review, re -transmission, dissemination, distribution, copying, conversion to hard copy, taking of action in reliance on or other use of this communication is strictly prohibited. If you are not the intended recipient and have received this message in error, please notify me by return e-mail and delete or destroy all copies of this message. From: Lauren Raney To: Committee of Adjustment (SM); Kelloway. Elissa Subject: RE: Agency Circulation A2025-0014 and A2025-0016 Date: March 31, 2025 8:03:00 AM Attachments:—WRD0000Jno imaae001.ona EXTERNAL Good morning, Elissa, Regional Development Advisory Services does not have any comments for the above noted minor variance application. Thanks, Lauren From: Committee of Adjustment (SM) <CofA@clarington.net> Sent: March 28, 2025 4:21 PM To: Grigg, Brendan <BGrigg@clarington.net>; Muirhead, Matt <MMuirhead@clarington.net>; Norris, Jeff <jnorris@clarington.net>; Community Planning Division <CommunityPlanning@claringtonnet.onmicrosoft.com>; Development Engineering Division <Development@clarington.net>; Applications and Precons <Applications-and-Precons@durham.ca>; Kurt Niles <Kurt.Niles@durham.ca>; Jeff Almeida <Jeff.Almeida@Durham.ca> Cc: Committee of Adjustment (SM) <CofA@clarington.net> Subject: Agency Circulation A2025-0014 and A2025-0016 Q! CAUTION: This email is from an external source. Verify sender before opening links and attachments. Q! Good afternoon, A new Minor Variance application A2025-0014 and A2025-0016, is being presented on April 24, 2025, to the Committee of Adjustment. Documents regarding this application can be found at this link: A2025-0014 and A2025-0016 (5 Lynwood Avel Attached is the circulation sheet. Your written reply would be appreciated by Thursday, April 17, 2025, to cofa&clarington.net, If you are a commenter within the Municipality of Clarington, please provide your comments within the AMANDA system. If your department is unable to reply by Thursday, April 17, 2025, would you please inform us of the reasons for delay, otherwise we will assume there are no objections to the approval of the subject application. The agencies that will be circulated your information for comments are as follows: • Clarington Building Division • Clarington Fire and Emergency Services • Clarington Community Planning Division • Clarington Development Engineering Division • Durham Region Community Growth and Economic Development • Durham Regional Works Department Please let me know if you have any questions. Thank you, Elissa Kelloway (she/her) Development Application Coordinator Development Review Planning and Infrastructure Services Department Municipality of Clarington 40 Temperance Street, Bowmanville ON L1 C 3A6 905-623-3379 ext. 2430 1 1-800-563-1195 www.clarington.net THIS MESSAGE IS FOR THE USE OF THE INTENDED RECIPIENT(S) ONLY AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, PROPRIETARY, CONFIDENTIAL, AND/OR EXEMPT FROM DISCLOSURE UNDER ANY RELEVANT PRIVACY LEGISLATION. No rights to any privilege have been waived. If you are not the intended recipient, you are hereby notified that any review, re -transmission, dissemination, distribution, copying, conversion to hard copy, taking of action in reliance on or other use of this communication is strictly prohibited. If you are not the intended recipient and have received this message in error, please notify me by return e-mail and delete or destroy all copies of this message. From: WILSON, Chris To: Committee of Adjustment (SM) Subject: RE: Agency Circulation A2025-0014 and A2025-0016 Date: April 2, 2025 9:43:28 AM Attachments: —WRD0000Jno imaae001.ona EXTERNAL Good morning, No comments on behalf of Canada Post. Thank you, Chris Wilson Officer, Delivery Services, Delivery Planning I Canada Post I GTA Region I chris.wilson@canadapost.ca 416-262-7408 From: Committee of Adjustment (SM) <CofA@clarington.net> Sent: April-02-25 9:20 AM To: WILSON, Chris <Chris.Wilson@canadapost. postescanada.ca>; Lesley Kennedy <lesley.kennedy@durham.ca> Cc: Johnston, Ainsley <AJohnston@clarington.net> Subject: FW: Agency Circulation A2025-0014 and A2025-0016 This Message Is From an External Sender I Ce message provient d'un expediteur externe This message came from outside your organization. Please be CAUTIOUS, particularly with links and attachments. I Ce message provient de 1'ext6rieur de votre organisation. Veuillez faire preuve de PRUDENCE, particulibrement lorsqu'il s'agit de liens et de pieces jointes. Report Suspicious o Good morning, Please see the Minor Variance information attached and email below for files A2025- 0014 and A2025-0016. Your comments on this application is greatly appreciated. If you have any questions, please contact Ainsley Johnston at AJohnston@clarington.net, Ainsley is also cc'd on this email. Thank you and have a wonderful day, Elissa Kelloway (she/her) Development Application Coordinator Development Review Planning and Infrastructure Services Department Municipality of Clarington 40 Temperance Street, Bowmanville ON L1 C 3A6 905-623-3379 ext. 2430 1 1-800-563-1195 www.clarington.net From: Committee of Adjustment (SM) <CofA@clarington.net> Sent: Friday, March 28, 2025 4:21 PM To: Grigg, Brendan <BGrigg@clarington.net>; Muirhead, Matt <MMuirhead@clarington.net>; Norris, Jeff <JNorris@clarington.net>; Community Planning Division <CommunityPlanning@claringtonnet.onmicrosoft.com>; Development Engineering Division <Development@clarington.net>; Planning Department - Durham Region (Applications-and- Precons@durham.ca) <applications-and-precons@durham.ca>; Kurt Niles <kurt.niles@durham.ca>; Jeff Almeida <Jeff.almeida@durham.ca> Cc: Committee of Adjustment (SM) <CofA@clarington.net> Subject: Agency Circulation A2025-0014 and A2025-0016 Good afternoon, A new Minor Variance application A2025-0014 and A2025-0016, is being presented on April 24, 2025, to the Committee of Adjustment. Documents regarding this application can be found at this link: A2025-0014 and A2025-0016 (5 Lynwood Avel Attached is the circulation sheet. Your written reply would be appreciated by Thursday, April 17, 2025, to cofa&clarington.net, If you are a commenter within the Municipality of Clarington, please provide your comments within the AMANDA system. If your department is unable to reply by Thursday, April 17, 2025, would you please inform us of the reasons for delay, otherwise we will assume there are no objections to the approval of the subject application. The agencies that will be circulated your information for comments are as follows: • Clarington Building Division • Clarington Fire and Emergency Services • Clarington Community Planning Division • Clarington Development Engineering Division • Durham Region Community Growth and Economic Development • Durham Regional Works Department Please let me know if you have any questions. Thank you, Ellssa Kelloway (she/her) Development Application Coordinator Development Review Planning and Infrastructure Services Department Municipality of Clarington 40 Temperance Street, Bowmanville ON L1 C 3A6 905-623-3379 ext. 2430 1 1-800-563-1195 www.clarington.net -----Original Message ----- From: Dolores Hickey <dolores_hickey@rogers.com> Sent: Tuesday, April 15, 2025 3:52 PM To: Andrew Johnson <AJohnson@clarington.net>; Circo, Jacob <JCirco@clarington.net> Subject: Notice of Hearing for 5 Lynwood avenue [You don't often get email from dolores_hickey@rogers.com. Learn why this is important at https://aka.ms/LeamAboutSenderldentification ] EXTERNAL Hello, I'm sending an email regarding the notice of hearing for 5 Lynwood in the building of three homes at 5 Lynwood Avenue. I live at 8, Westmore, Courtice On L1E2H7 on the shared property line of 5 Lynwood Avenue, - A 2025-0014 & A2025-0016 - 5 Lynwood Anenue -132024-0012 and B2025-0013 - 5 Lynwood Avenue I have knowledge that land is grandfathered property. I am disputing the build of three homes based on these grandfathered property rights at 5 Lynwood Avenue. We are appealing, property act 45 (1.0.4) for minor variance in the build of these three homes. This Please provide sections 84-63 zoning by-law or 2006-109. Section 45. This is not a minor variance with reasons of the land. It is a major renovation in removal of a current home at 5 Lynwood and building of two future homes. Please provide, by law 2021-009. Signed concerned citizens at 8 Westmore Street. Sent from my Whone Clarington Summary of Comments Submitted A2025-0015 6100 Henry Road, Darlington Planning and Infrastructure Services Committee of Adjustment Minor Variance Municipal Departments / External Agencies Comment Clarington Building Division No concerns subject to submitting a building permit application for the proposal Clarington Development Engineering Division No concerns and see attachment 1 Clarington Fire and Emergency Services Department No concerns Ganaraska Region Conservation Authority (GRCA) No concerns Durham Regional Health Department Comments outstanding Municipality of Clarington Committee of Adjustment A2025-0015 Page 2 If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Date of Meeting: April 24, 2025 File Number: A2025-0015 Address: 6100 Henry Road, Clarke Report Subject: A minor variance application to facilitate the construction of a detached garage by increasing the maximum permitted accessory total floor area from 90 square metres to 160 square metres and by increasing the maximum permitted garage height from 5 metres to 6 metres Recommendations: 1. That the Report for Minor Variance Application A2025-0015 be received; 2. That all written comments and verbal submissions be considered in the deliberation of this application; 3. That application A2025-0015, for a Minor Variance to Section 4.1.3 of Zoning By-law 2005-109 to facilitate the construction of a detached garage by increasing the maximum permitted accessory total floor area from 90 square metres to 160 square metres and by increasing the maximum permitted garage height from 5 metres to 6 metres be approved, as it maintains the general intent and purpose of the Clarington Official Plan and Zoning By-law 2005-109, is desirable for the appropriate development or use of the land and is minor in nature. 4. That all interested parties listed in this report be forwarded a copy of the Committee's decision. Municipality of Clarington Committee of Adjustment A2025-0015 Page 3 1. Application Details 1.1 Owner: Emily Santos 1.2 Applicant: Emily Santos 1.3 Proposal: A minor variance application to facilitate the construction of a detached garage by increasing the maximum permitted accessory total floor area from 90 square metres to 160 square metres and by increasing the maximum permitted garage height from 5 metres to 6 metres. 1.4 Area of Lot: 3485.99 square metres 1.5 Location: 6100 Henry Road, Clarke 1.6 Zoning: Prime Agricultural Zone (A) and Environmental Protection Zone (EP) (Zoning By -Law 2005-109) 1.7 Clarington Official Prime Agriculture Area Plan Designation: 1.8 Heritage Status: None 1.9 Water Supply: Private Servicing 1.10 Sewage Disposal: Private Servicing Municipality of Clarington Committee of Adjustment A2025-0015 Page 4 LOT: 18 LM 17 CON: 6 COI6 N: CON: CON: 6 6 77 B1� LOT: 15 CON: 6 _ 4950 e9 Concession m4 ae95 412 41. Rd 6 4145 LOT: 18 LOT: 17 CON: 5 CON: 5 LOT;16 COI: 5 Property Location Map° (Clarke) Buletm EinsYllen m Ha1d�T - 5dna _ MxIN (criers Wmpmn • -Area Subject To Minor Variance 6100 Henry Road, Clarke Newcastle Nzvianele_ A2025-0015 Lake Ontario Figure 1: Property Location Map Municipality of Clarington Committee of Adjustment A2025-0015 2. Background Page 5 2.1 On March 20, 2025, Planning Staff received an application for Minor Variance from the applicant and owner of 6100 Henry Road, Clarke. 3. Land Characteristics and Surrounding Uses 3.1 The subject property is located northwest of Concession Road 6 and Henry Road (See Figure 1). The property has an approximate lot area of 3485.99 square metres and approximate frontage of 55.54 metres. 3.2 The surrounding uses are as follows: a. South — Agricultural Farmlands b. North- Agricultural Farmlands c. East — Agricultural Farmlands d. West —Agricultural Farmlands 4. Public Notice and Submissions 4.1 Pursuant to the requirements of the Planning Act, the appropriate signage notifying of the application was installed on the subject lands. In addition, the appropriate notice was mailed to each landowner within 60m of the subject site. 4.2 At the time of writing this report, staff have received one inquiry from a member of the public inquiring about the proposal, however, no concerns or objections were raised for the application. Municipality of Clarington Committee of Adjustment A2025-0015 Page 6 5. Discussion Maintain the general intent and purpose of the Clarington Official Plan 5.1 Within the Clarington Official Plan, the subject property is designated Prime Agricultural Area. 5.2 The Clarington Official Plan permits the residential use of the property in the Prime Agricultural Area (including accessory buildings i.e., sheds, garages). The residential use of the property and proposed accessory structure conforms with the Clarington Official Plan. Maintain the general intent and purpose of Zoning By-law 2005-109 5.3 Within Zoning By-law 2005-109, the subject property is located within the Prime Agricultural Zone (A) and Environmental Protection (EP) Zone. The prime agricultural zone permits the residential use of the property and its associated accessory uses (i.e., sheds, garages). 5.4 The intent of the Zoning By-law to restrict the floor area and height of accessory buildings is to ensure that the building remains accessory to the principal residential dwelling and to prevent the building's mass from overwhelming the property on which it is located or on neighbouring properties by ensuring an appropriate building size relative to the area of the lot. The increase in the building height will not create privacy concerns and will not negatively impact the subject property or neighbouring properties as the proposed accessory structure would be located approximately 65 metres from the nearest neighbouring dwelling. 5.5 The subject lot is approximately 3,486 square metres, and large relative to the 160 square metres of total floor space for the proposed 2 storey accessory building. Zoning By-law 2005-109 permits 10% of the lot area to be covered by accessory buildings which would allow approximately 348.6 square metres on this lot. The proposed floor area increase is required in order to accommodate the applicant's personal items, including seasonal boats, vehicles, personal work supplies, equipment and hobbies. 5.6 The proposal maintains the general intent and purpose of the Zoning By -Law as the proposed garage will remain accessory to the primary residential use of the property and will not overwhelm the subject property or neighbouring properties. 5.7 Given the above considerations, the application to increase the maximum permitted total floor area and maximum height for all accessory building meets the general intent and purpose of the Zoning By-law. Municipality of Clarington Committee of Adjustment A2025-0015 Page 7 Desirable for the appropriate development or use of the land, building or structure 5.8 The proposed accessory structure will allow the owner to store personal goods and automotives within a wholly enclosed structure, which will help the property maintain good property standards. The accessory structure will be located to have sufficient setbacks from neighbouring property lines and buildings, which will have minimal impacts on the surrounding land uses and neighbouring properties. 5.9 The proposed accessory structure is smaller in footprint than the principal residential building on the subject property. As a result, the proposed accessory building would not dominate the lot on which it is sited, as accessory lot coverage would approximately be 3% of the lot, also leaving sufficient outdoor amenity space. 5.10 It is staff's opinion that the minor variance requested is appropriate for the lands and would be desirable for the development and use of land, building or structure. Minor in Nature 5.11 In considering whether the relief sought is minor, Staff note that this test is not simply a question of numbers. The principal consideration is that of the potential impact the variance may have and whether that impact is minor or acceptable. 5.12 The location of the proposed structure is considered to be minor in nature as it will not impact upon any of the environmentally sensitive features located on the subject property. The proposal would not have a significant adverse impact on the surrounding properties or the public realm as it would be located approximately 65 metres from the nearest neighbouring dwelling. The proposed location is preferable to minimize the impact of the structure's size on adjacent properties. 5.13 For the above stated reasons, it is staff's opinion that the proposed increase of the maximum permitted total floor area and maximum permitted height is minor in nature. 6. Conclusion 6.1 Given the above comments, staff recommend approval of the application for a minor variance to Section 4.1.3 of Zoning By-law 2005-109 to facilitate the construction of a detached garage by increasing the maximum permitted accessory total floor area from 90 square metres to 160 square metres and by increasing the maximum permitted garage height from 5 metres to 6 metres; as it maintains the general intent and purpose of the Clarington Official Plan and Zoning By-law 2005-109, is desirable for the appropriate development or use of the land and is minor in nature. Municipality of Clarington Committee of Adjustment A2025-0015 Submitted by: 6l h Akibul Hoque Acting Secretary -Treasurer Committee of Adjustment at the Municipality of Clarington Concurrence: Page 8 This report has been reviewed by Sarah Parish, MCIP, RPP, Principal Planner, who concurs with the recommendations. Staff Contact: Akibul Hoque, Planner I, (905) 623-3379 x2418 or ahogue(aD-clarington.net. Attachments: Attachment 1: Development Engineering Division Comments Interested Parties: The following interested parties will be notified of Committee's decision: Emily Santos Attachment 1 Clarington MEMO If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. To: Akibul Hoque. Planner I From: Karen Richardson, Manager of Development Engineering Date: April 7, 2025 Subject: Minor Variance Application A2025-0015 File: Applicant: Emily Santos Address: 6100 Henry Road, Clarke A minor variance application to facilitate the construction of a detached garage by: increasing the maximum permitted accessory total floor area from 90 square metres to 160 square metres increasing the maximum permitted garage height from 5 metres to 6 metres. Development Engineering has reviewed the above -noted application and have no objections to the proposal. Building Permit The applicant/owner must apply for a Building Permit with the Municipality which includes all requirements of the Planning and Infrastructure Services Department regarding the engineering and construction of all internal and external works and services related to this proposal. The applicant is required to submit provided Lot Grading plan to obtain Lot Grading Plan Approval. Review Section 800 of the Municipality of Clarington Engineering Design Guidelines for a more fulsome list of requirements for Grading Plan submissions, If you have any questions regarding the above -noted comments, please contact Julia Antonova, Planning and Infrastructure Services Department. Karen Richardson, P.Eng. Manager of Development Engineering, Planning and Infrastructure Services The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1 C 3A6 1-800-563-1195 1 Local:905-623-3379 1 info@clarington.net I www.clarington.net Page 11