HomeMy WebLinkAbout2025-09-25Page | 1
Committee of Adjustment Meeting
Teams Video Meeting & Teleconference
Thursday, September 25, 2025
Time: 6:30pm
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Agenda
1. Call the meeting to Order
2. Land Acknowledgement
3. Declaration of Interest and Opening Statements
4. Consent Applications to be heard:
File Number: B-2025-0017
Owner/Agent: Stephen Selby
Staff: Shrija Vora
Address: 3431 Gibson Rd., Newcastle
File Number: B-2025-0018
Owner/Agent: Dwayne Glaspell
Staff: Hebah Masood
Address: Part Lot 34 Con 3
5. 5 Minute Recess
6. Declaration of Interest
7. Minor Variance Applications to be heard:
Page | 2
File Number: A-2025-0034
Owner/Agent: Ken Costello
Staff: Akibul Hoque
Address: 2366 Highway 2, Bowmanville
File Number: A-2025-0035
Owner/Agent: Owen Jonston
Staff: Ainsley Johnston
Address: 75 Barchard St., Newcastle
File Number: A-2025-0037
Owner/Agent: Todd Stephens
Staff: Ainsley Johnston
Address: 72 Potters Lane, Enniskillen
File Number: A-2025-0038
Owner/Agent: Bobbi Ann Brooks
Staff: Ainsley Johnston
Address: 115 High St., Bowmanville
File Number: A-2025-0039
Owner/Agent: Al Metcalf
Staff: Akibul Hoque
Address: 3389 Townline Road N., Clarington
File Number: A-2025-0040
Owner/Agent: Michelle Berentschot
Staff: Akibul Hoque
Address: 63 Pinedale Cres., Courtice
8.New Business
9.Approve Minutes from the previous Committee of Adjustment meeting
10. Adjournment
Planning and Infrastructure Services
Committee of Adjustment
Consent
Summary of Comments Submitted
B-2025-0017
3431 Gibson Road, Clarke
Municipal Departments / External Agencies Comment
Clarington Development Review Division No concerns
Clarington Building Division No concerns
Clarington Development Engineering Division No concerns
Clarington Emergency & Fire Services Department No concerns
Region of Durham Community Growth and Economic
Development
Comments as attached, see
attachment (1)
Region of Durham Works Department No concerns
Region of Durham Health Department No concerns
Central Lake Ontario Conservation Authority No concerns
Municipality of Clarington
Committee of Adjustment Page 2
B-2025-0017
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Coordinator at 905-623-3379 ext. 2131.
Date of Meeting: September 25, 2025
File Numbers: B-2025-0017
Address: 3431 Gibson Road, Clarke
Report Subject: B-2025-0017; Seeking consent to facilitate a lot line adjustment
Recommendations:
1. That the Report for Consent file B-2025-0017 be received.
2.That all written comments and verbal submissions are considered in the deliberation
of this application.
3.That application B-2025-0017 for consent be approved subject to the conditions
herein.
4.That all interested parties listed in this report be forwarded a copy of the
Committee’s decision.
Municipality of Clarington
Committee of Adjustment Page 3
B-2025-0017
1.1 Owner:
1.2 Applicant:
Arlene Glaspell
Dwayne Glaspell
1.3 Proposal: B-2025-0017; Seeking consent to facilitate a lot line
adjustment that would result in 0.06 hectares
(approximately 599 square metres) of lot area being
transferred from 3431 Gibson Road to Part lot 34,
Concession 3.
1.4 Area of Existing Lot 4000.38 square metres (0.4 ha)
1.5 Area of Transfer: 599.40 square metres (0.06 ha)
1.6 Area of Retained: 4000.38 square metres (0.4 ha)
1.7 Zoning: ‘Agricultural Exception (A-1)’ within Zoning By-law 84- 63.
1.8 Clarington Official Plan
Designation: Prime Agricultural
1.9 Heritage Status: None
1.10 Water/Sanitary Supply: Private water and septic
Municipality of Clarington
Committee of Adjustment Page 4
B-2025-0017
Figure 1 – Lands subject to consent application
Lot Line Adjustment
Municipality of Clarington
Committee of Adjustment Page 5
B-2025-0017
2. Background
2.1 On August 13, 2025, an application was received from Dwayne Glaspell for
consent to adjust the lot line of Part 3, as shown in the draft reference plan, from
Part lot 34, Concession 3 to 3431 Gibson Road.
Figure 2 - Draft 40R reference plan
Municipality of Clarington
Committee of Adjustment Page 6
B-2025-0017
2.2 A land division application (LD046-2011) was approved in 2011 by the Region of
Durham’s former Planning and Economic Development Department for the
subject property to facilitate the consolidation of two farms and the severance of
a surplus dwelling resulting from that consolidation. As a condition of the 2011
land division application, it was required that there be no net change in the lot
area of either parcel in the future.
2.3 The property owner applied for, and received, a building permit in 2024 to extend
the principal dwelling to the south with a one-storey addition and garage, in
compliance with the zoning provisions.
2.4 The subject property contains a residential dwelling, and the proposed lot line
adjustment is intended to centre the alignment of the existing driveway and
dwelling on the lot. The adjustment would result in Part 1 being transferred to
Part Lot 34, Concession 3.A corresponding land division application (B-2025-
0018) proposes that Part 3 be transferred to 3431 Gibson Road. Upon approval
of the land division applications, there will be no net change in the area of either
property parcel.
3. Land Characteristics and Surrounding Uses
3.1 The subject lands municipally known as 3431 Gibson Road are comprised of
Part 1 and Part 2 on the draft reference plan. The subject property is located on
the east side of Gibson Road. The subject lands form an almost rectangular
shaped lot with an area of 4000.38 square metres (0.4 ha) with depth of
approximately 65.58 metres and frontage along Gibson Road of approximately
60.99 metres.
3.2 Surrounding land uses include predominantly agricultural use on all sides of the
subject parcel.
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 received no inquiries or opposition
from members of the public for this proposed consent application,
Municipality of Clarington
Committee of Adjustment Page 7
B-2025-0017
5. Provincial Policy Planning Act
5.1 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 4.3.3: Lot adjustments in prime agricultural areas may be permitted for
legal or technical reasons.
5.3 The application is consistent with the Planning Act, R.S.O. 1990, c. P.13, and
Provincial Planning Statement ,2024.
6. Durham Region Official Plan
6.1 The subject property is designated as “Prime Agricultural Area” within the
Durham Region Official Plan (Envision Durham). The proposed lot line
adjustment will not impact or change the uses of the subject sites.
6.2 It is staff’s opinion that the consent application conforms to the Durham Region
Official Plan.
7. Official Plan
7.1 The subject property is designated Prime Agricultural Area within the Clarington
Official Plan. The ‘Prime Agricultural’ designation is generally intended to be
used for agricultural uses, agriculture-related uses and on-farm diversified uses.
7.2 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
throughout the Municipality shall be
prohibited
Planning Staff is satisfied that this
application does not result in scattered
residential development.
Municipality of Clarington
Committee of Adjustment Page 8
B-2025-0017
b) Ribbon development along arterial
roads shall be prohibited and direct
access from arterial roads shall generally
be restricted
Planning Staff is satisfied that this
application for consent does not result in
ribbon development.
c) Severances shall meet the
requirements of the Region of Durham
and applicable provincial agencies,
regarding the provision of sewage
disposal and water services, and may
include entering into an agreement with
the Region of Durham
Not applicable.
d) Severances shall only be given when
land fronts on an open and maintained
public road. Notwithstanding, a
landlocked parcel related to a land
assembly for future development in
conformity to this Plan may be created
The retained and severed lands have
frontage along a Municipally opened and
maintained road. The severed parcel will
be transferred upon approved severance
to Part lot 34, Concession 3 which does
have frontage along Municipally opened
and maintained road.
e) The size of any parcel of land created
by severance should be appropriate for
the use proposed in keeping with the
character of the surrounding
neighbourhood and no parcel should be
created which does not conform to the
provisions of this Plan and the
implementing Zoning By-law
Application is consistent and in keeping
with the character of the surrounding
neighbourhood and conforms to the
development policies within the Official
Plan.
f) Severances shall not be granted for
land adjacent to a road from which
access is to be obtained if a traffic hazard
would be created because of limited sight
lines on curves or grades
Not applicable.
Municipality of Clarington
Committee of Adjustment Page 9
B-2025-0017
g) Severances to be granted shall be
conditional upon the applicant meeting all
requirements of the Municipality, financial
and otherwise, and may include an
agreement being entered into with the
Municipality
This application to transfer the land parcel
is subject to the fulfillment of Municipal
conditions – (See page 9 of this report)
h) The Municipality is satisfied that a plan
of subdivision is not required. Generally,
3 lots are considered the maximum
number of new lots that may be created
by severances from a parcel of land
Not applicable.
i) Where a property has more than one
land use designation, a land severance
along the boundary of two different
designations is permissible provided the
severance does not contravene any
applicable policies of this Plan
Not applicable.
j) In the Agricultural and Rural
designations, any severance applications
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
Planning staff is satisfied that the
proposed lot line adjustment does not
contravene to the applicable policies.
k) The severance shall be in compliance
with the provisions of any site plan,
subdivision or any other development
agreements registered against the title of
the subject lands
Not applicable.
7.3 For the purposes of this review, it is Staffs opinion that the proposal conforms to
the applicable policies under Section 23.7 a) – k).
Municipality of Clarington
Committee of Adjustment Page 10
B-2025-0017
8.Zoning By-Law 84-63
8.1 The subject lands are zoned as ‘Agricultural Exception (A-1)’ within Zoning By-
law 84-63. Permitted uses in the (A-1) zone include a range of residential and
agricultural uses. The proposed lot line adjustment will only centre the alignment
of the existing driveway and dwelling and will have no impact on the use of either
property.
9.Recommendation
9.1 Staff is of the opinion that the proposed lot line adjustment will not result in any
net change of lot dimensions or area.
9.2 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
1.That the applicant satisfies all the requirements of the Regional Community
Growth and Economic Development Department, financial and otherwise as
detailed in the letter dated September 17, 2025. This is to be confirmed by
obtaining a clearance letter from the Regional Community Growth and Economic
Development Department and submitted to the Municipality.
2.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.
3.All taxes shall be paid in full to the Municipality of Clarington prior to the issuance
of a clearance letter.
4.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.
Municipality of Clarington
Committee of Adjustment Page 11
B-2025-0017
Section 2: Planning Requirements
5.Agent/Owner is required to submit a copy of the registered transfer deed.
6.To ensure that any consent application complies with all applicable provisions of
Zoning By-law 84-63 and Zoning By-law Amendment 2011-0025. Staff will
review the registered reference plan once submitted to ensure compliance with
all applicable zoning provisions
Advisory Notes
1.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:
Shrija Vora
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
Development Review, who concurs with the recommendations.
Staff Contact: Shrija Vora, Planner, (905) 623-3379 x2436 or svora@clarington.net.
Interested Parties:
The following interested parties will be notified of Committee's decision:
Arlene Glaspell – glaleafarms@gmail.com
Dwayne Glaspell – dwayneglaspell@gmail.com
Municipality of Clarington
Committee of Adjustment Page 12
B-2025-0017
Attachments:
Attachment 1: Region of Durham Community Growth and Economic Development Comments
Attachment 2: Clarington Building Division Comments
Attachment 3: Clarington Development Engineering Division Comments
Attachment 4: Clarington Emergency & Fire Services Department
Attachment 5: Central Lake Ontario Conservation Authority Comments
Attachment 6: Canada Post Comments
If you require this information in an accessible format, please contact Planning Reception or call
1-800-372-1102 extension 2548.
The Regional
Municipality of
Durham
Community Growth
and Economic
Development
Department
605 Rossland Rd. E.
Level 4
PO Box 623
Whitby, ON L1N 6A3
Canada
905-668-7711
1-800-372-1102
Email:
communitygrowth
@durham.ca
durham.ca
Sandra Austin
Commissioner of
Community Growth
and Economic
Development
September 17, 2025
Shrija Vora, Planner 2
Planning and Infrastructure Services
Municipality of Clarington
40 Temperance Street
Bowmanville, ON L1C 3A6
Re: Application for Consent B-2025-0017
Durham Ref.: LD 078/2025
Applicant: Stephen Selby
Location: 3431 Gibson Road
Municipality: Municipality of Clarington
Hearing Date: September 25, 2025
RECOMMENDATION:
That application B-2025-0017 be approved subject to the following
conditions:
i)That the applicant shall provide the Region of Durham with the
$500 application review fee in accordance with the Region of
Durham Planning Fees and Charges By-law (20-2021) to the
Region’s satisfaction.
1.PURPOSE OF APPLICATION
The purpose of the consent application is to facilitate a lot line
adjustment. Approximately 0.06 hectares would be transferred from
3431 Gibson Road to the adjacent lands at Part Lot 34, Concession 3.
This application is associated with a separate consent application for a
lot line adjustment, File Number B-2025-0018 (Regional File Number LD
079/2025). Comments on that application have been provided
separately.
2.BILL 23 PROCLAMATION OF THE REGION OF DURHAM
Please be advised that effective January 1, 2025, the Region
became 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.
B-2025-0017
-2-
3.REGIONAL DEPARTMENT COMMENTS
Durham Regional Works Department
The Regional Works Department has reviewed the above noted
application and has no objections or conditions for the approval of
the consent application.
Durham Region Health Department
The Health Department has reviewed the above noted application
and confirmed that the new lot lines are not encroaching on the
required clearance distances to the existing private sewage systems.
As such, the Health Department has no objections or concerns with
the approval of the proposed application.
4.CONCLUSION
The proposed consent application would facilitate the transfer of
approximately 0.06 hectares from the subject property to the
adjacent lands at Part Lot 34, Concession 3. The Region has no
objection with the proposed application subject to the applicant
fulfilling the conditions outlined in this letter.
Yours truly,
Jacob Slevin
Jacob Slevin,
Planner 1
cc: Grant Young, Regional Works Department
Lesley Kennedy, Health Department
If this information is required in an alternate format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6
1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net
To: Planning and Infrastructure Services
From: Planning and Infrastructure Services - Building
Date: Sep 16, 2025
Subject: Planning - Building Division Review Complete
File: B-2025-0017
No comments
Regards,
--
Brendan Grigg
Deputy Chief Building Official/Supervisor of Building
Planning and Infrastructure Services - Building
BGrigg@Clarington.net
(905) 623-3379 e 2313
MEMO
The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6
1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net Page | 1
If this information is required in an alternate format, please contact the
Accessibility Coordinator at 905-623-3379 ext. 2131.
Consent to facilitate a lot line adjustment by adding 0.06 hectares (approximately
599 m2 parcel of land from the 3431 Gibson Road to the benefitting lands located
at Lot 34, Concession 3.
We have reviewed the above-noted application and have no objection to this
proposal
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
KR/J.A.
To: Shrija Vora, Planner II
From: Karen Richardson, Manager of Development Engineering
Date: September 16, 2025
Subject: Land Division Application B2025-0017
File: Applicant: Stephen Selby
Address: 3431 Gibson Road, Clarke
Part Lot 34 Concession 3, Former Township of Clarke
If this information is required in an alternate format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6
1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net
To: Planning and Infrastructure Services
From: Emergency and Fire Services - Fire Prevention
Date: Sep 04, 2025
Subject: EFS Review Complete
File: B-2025-0017
This memo is to provide comments from the Clarington Emergency and Fire Services,
Fire Prevention Division regarding the above noted file. The review has been completed
and the below comments have been made regarding it:
No fire safety concerns.
Regards,
--
Jeff Norris
Fire Inspector
Emergency and Fire Services - Fire Prevention
JNorris@Clarington.net
(905) 623-3379 e 2809
From:WILSON, Chris
To:Committee of Adjustment (SM)
Subject:RE: Agency Circulation 3431 Gibson Road (B2025-0017)
Date:Thursday, September 18, 2025 11:14:43 AM
Attachments:image001.png
EXTERNAL
Hi,
No comments for mail delivery.
Thank you,
Chris Wilson
Officer, Delivery Services, Delivery Planning | Canada Post | GTA Region | chris.wilson@canadapost.ca |
416-262-7408
Planning and Infrastructure Services
Committee of Adjustment
Consent
Summary of Comments Submitted
B2025-0018
Part Lot 34, Concession 3, Clarke, ON
Municipal Departments / External Agencies Comment
Clarington Building Division No concerns
Clarington Development Engineering Division No concerns
Clarington Fire and Emergency Services Department No concerns
Durham Region Works Department No concerns
Durham Region Health No concerns
Durham Region Community Growth and Economic
Development
No concerns
Canada Post No concerns
Rogers No concerns
Central Lake Ontario Conservation Authority (CLOCA) No concerns
GRCA No concerns
Municipality of Clarington
Committee of Adjustment Page 2
B-2025-0018
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Date of Meeting: September 25, 2025
File Number: B2025-0018
Address: Part Lot 34, Concession 3, Clarke, ON
Report Subject: Seeking consent to facilitate a lot line adjustment that would result in 0.06
hectares (approximately 599 square metres) of lot area being transferred
from Part Lot 34, Concession 3 to 3431 Gibson Road.
Recommendations:
1. That the Report for Consent file B2025-0018 be received.
2. That all written comments and verbal submissions are considered in the deliberation
of this application.
3. That application B2025-0018 for consent be approved subject to the conditions
herein.
4. That all interested parties listed in this report be forwarded a copy of the
Committee’s decision.
Municipality of Clarington
Committee of Adjustment Page 3
B-2025-0018
1. Application Details
1.1 Owner: Stephen and Patti Selby
1.2 Applicant: Stephen Selby
1.3 Proposal: Seeking consent to facilitate a lot line adjustment that
would result in 0.06 hectares (approximately 599 square
metres) of lot area being transferred from Part Lot 34,
Concession 3 to 3431 Gibson Road.
1.4 Area of Existing Lot: 33.15 acres
1.5 Area of Severed: 0.06 hectares (0.15 acres)
1.6 Area of Retained: 33 acres
1.7 Zoning: Agricultural Exception (A-81)
1.8 Clarington Official Plan
Designation:
Prime Agriculture and Environmental Protection
1.9 Secondary Plan
Designation: (if
applicable)
N/A
1.10 Heritage Status (If
Applicable):
N/A
1.11 Water/Sanitary Supply: Private Water and Septic
Municipality of Clarington
Committee of Adjustment Page 4
B-2025-0018
Figure 1 – Lands Subject to Consent Application
Municipality of Clarington
Committee of Adjustment Page 5
B-2025-0018
2. Background
2.1 On August 13, 2025 , Planning Staff received a Consent Application from the
owner of Part Lot 34, Concession 3. The proposed consent application seeks
consent to facilitate a lot line adjustment that would result in 0.06 hectares
(approximately 599 square metres) of lot area being transferred from Part Lot 34,
Concession 3 to 3431 Gibson Road (see Figure 1).
2.2 There property was rezoned on September 12, 2011 (ZBA2011-0025). The
Zoning By-law Amendment prohibits residential development and severance of
the property.
2.3 This application follows B2025-0017, which similarly seeks consent to facilitate a
lot line adjustment that would result in 0.06 hectares (approximately 500 square
metres) of lot area being transferred from 3431 Gibson Road to Part Lot 34,
Concession 3. The lot lines to the north and south of 3431 Gibson Road are both
being adjusted; however, the size of both properties will remain the same (see
Figure 2).
Municipality of Clarington
Committee of Adjustment Page 6
B-2025-0018
Figure 2 – Draft 40R reference plan showing proposed consent application lot fabric.
Municipality of Clarington
Committee of Adjustment Page 7
B-2025-0018
3. Land Characteristics and Surrounding Uses
3.1 The subject property Part Lot 34, Concession 3, Clarke has frontage along
Gibson Road in Clarke. The subject property forms an unusual shape around
3431 Gibson Road. The subject borders the north, east and south property lines
of 3431 Gibson Road. The surrounding land uses include residential and
agricultural uses.
3.2 Land Uses:
a. South – Agricultural
b. North - Residential/Agricultural
c. East – Agricultural
d. West – Residential/Agricultural
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 no inquiries or opposition
from members of the public for this proposed consent application.
5. Provincial Policy
Planning Act
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.
The Provincial Planning Statement, 2024
5.2 Section 4.3.3: Lot adjustments in prime agricultural areas may be permitted for
legal or technical reasons.
Municipality of Clarington
Committee of Adjustment Page 8
B-2025-0018
6. Durham Region Official Plan
6.1 The subject property is designated as “Prime Agricultural Area” within the
Durham Region Official Plan (Envision Durham). The proposed lot line
adjustment will not impact or change the uses of the subject sites.
6.2 It is staff’s opinion that the consent application conforms to the Durham Region
Official Plan.
7. Clarington Official Plan
7.1 The subject property is designated Prime Agricultural and Environmental
Protection within the Clarington Official Plan. The proposed lot line adjustment is
not within the area designated as Environmental Protection. The predominant
use of lands designated Prime Agricultural shall be for agricultural purposes.
7.2 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
throughout the Municipality shall
be prohibited
Planning Staff is satisfied that this
application does not result in scattered
residential development.
b) Ribbon development along arterial
roads shall be prohibited and direct
access from arterial roads shall
generally be restricted
Planning Staff is satisfied that this
application for consent does not result in
ribbon development.
c) Severances shall meet the
requirements of the Region of
Durham and applicable provincial
agencies, regarding the provision
of sewage disposal and water
services, and may include entering
into an agreement with the Region
of Durham
The Region has no objections or
conditions for the approval of
the consent application. Planning Staff is
satisfied that this application meets the
requirements of the Region of Durham.
Municipality of Clarington
Committee of Adjustment Page 9
B-2025-0018
d) Severances shall only be given
when land fronts on an open and
maintained public road.
Notwithstanding, a landlocked
parcel related to a land assembly
for future development in
conformity to this Plan may be
created
Planning Staff is satisfied that this
application for consent does not result in
the creation of a landlocked parcel of land
e) The size of any parcel of land
created by severance should be
appropriate for the use proposed in
keeping with the character of the
surrounding neighbourhood and no
parcel should be created which
does not conform to the provisions
of this Plan and the implementing
Zoning By-law
Planning Staff is satisfied that if both
B2025-0017 and B2025-0018 are
approved, this application for consent
does not impact the size of either subject
property as both properties will remain
the same size.
f) Severances shall not be granted
for land adjacent to a road from
which access is to be obtained if a
traffic hazard would be created
because of limited sight lines on
curves or grades
Not applicable.
g) Severances to be granted shall be
conditional upon the applicant
meeting all requirements of the
Municipality, financial and
otherwise, and may include an
agreement being entered into with
the Municipality
This application for consent is subject to
the fulfillment of Municipal conditions –
(See page 13 to 14 of this report)
h) The Municipality is satisfied that a
plan of subdivision is not required.
Generally, 3 lots are considered
the maximum number of new lots
that may be created by severances
from a parcel of land
Not applicable.
Municipality of Clarington
Committee of Adjustment Page 10
B-2025-0018
i) Where a property has more than
one land use designation, a land
severance along the boundary of
two different designations is
permissible provided the
severance does not contravene
any applicable policies of this Plan
The subject property is designated Prime
Agricultural and Environmental Protection
within the Clarington Official Plan (COP).
Though there is more than one land use
designation on the property, the
Environmental Protection designation is
not within the area subject to the consent
application. Planning Staff is satisfied that
this application for consent does not
contravene any applicable policies of the
COP.
j) In the Agricultural and Rural
designations, any severance
applications 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
The subject properties are designated as
Prime Agriculture. Planning Staff is
satisfied that this application for consent
does not contravene any applicable
policies of this Plan.
k) The severance shall be in
compliance with the provisions of
any site plan, subdivision or any
other development agreements
registered against the title of the
subject lands
Not applicable.
7.3 For the purposes of this review, it is Staff’s opinion that the proposal conforms to
the applicable policies under Section 23.7 a) – k).
8. Zoning By-Law 84-63
8.1 The subject property is zoned Agricultural Exception (A-81) within Zoning By-law
84-63. There property was rezoned from Agircultural (A) to Agricultural Exception
(A-81) on September 12, 2011 (ZBA2011-0025). The Zoning By-law Amendment
prohibits residential development and severance of the property. The consent
application in conjunction with B2025-0017 does not change the use or size of
the property. There is no proposed development on the property.
8.2 It is staff’s opinion that the proposed use of the subject lands conforms to Zoning
By-Law 84-63.
Municipality of Clarington
Committee of Adjustment Page 11
B-2025-0018
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
1. 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.
2. All taxes shall be paid in full to the Municipality of Clarington prior to the issuance
of a clearance letter.
3. 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
4. Agent/Owner is required to submit a copy of the registered transfer deed.
5. To ensure that any consent application complies with all applicable provisions of
Zoning By-law 84-63 and Zoning By-law Amendment 2011-0025. Staff will
review the registered reference plan once submitted to ensure compliance with
all applicable zoning provisions
Advisory Notes
1. 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.
Municipality of Clarington
Committee of Adjustment Page 12
B-2025-0018
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:
Hebah Masood
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: Hebah Masood, Planner II, (905) 623-3379 x 2437 or
hmasood@clarington.net
Attachments:
Attachment 1: Clarington Development Engineering Division Comments
Attachment 2: Emergency and Fire Services Comments
Attachment 3: Community Growth and Economic Development Department Comments
Attachment 4: Ganaraska Region Conservation Authority and Central Lake Ontario
Conservation Authority (CLOCA) Comments
Attachment 5: Rogers Communications Comments
Attachment 6: Canada Post Comments
Attachment 7: Elexicon Energy Comments
MEMO
The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6
1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net Page | 1
If this information is required in an alternate format, please contact the
Accessibility Coordinator at 905-623-3379 ext. 2131.
Consent to facilitate a lot line adjustment by adding 0.06 hectares (approximately
599 m2 parcel of land from the lot 34, Concession 3 to the benefitting lands located
at 3431 Gibson Road.
We have reviewed the above-noted application and have no objection to this
proposal.
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
KR/J.A.
To: Hebah Masood, Planner II
From: Karen Richardson, Manager of Development Engineering
Date: September 16, 2025
Subject: Land Division Application B2025-0018
File: Applicant: Dwayne Glaspell
Address: Lot 34 Concession 3, Clarke
Lot 34 Concession 3, Former Township of Clarke
If this information is required in an alternate format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6
1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net
To: Planning and Infrastructure Services
From: Emergency and Fire Services - Fire Prevention
Date: Sep 04, 2025
Subject: EFS Review Complete
File: B-2025-0018
This memo is to provide comments from the Clarington Emergency and Fire Services,
Fire Prevention Division regarding the above noted file. The review has been completed
and the below comments have been made regarding it:
No fire safety concerns.
Regards,
--
Jeff Norris
Fire Inspector
Emergency and Fire Services - Fire Prevention
JNorris@Clarington.net
(905) 623-3379 e 2809
If you require this information in an accessible format, please contact Planning Reception or call
1-800-372-1102 extension 2548.
The Regional
Municipality of
Durham
Community Growth
and Economic
Development
Department
605 Rossland Rd. E.
Level 4
PO Box 623
Whitby, ON L1N 6A3
Canada
905-668-7711
1-800-372-1102
Email:
communitygrowth
@durham.ca
durham.ca
Sandra Austin
Commissioner of
Community Growth
and Economic
Development
September 17, 2025
Hebah Masood, Planner 1
Planning and Infrastructure Services
Municipality of Clarington
40 Temperance Street
Bowmanville, ON L1C 3A6
Re: Application for Consent B-2025-0018
Durham Ref.: LD 079/2025
Applicant: Dwayne Glaspell
Location: Part Lot 34, Concession 3, Clarke
Municipality: Municipality of Clarington
Hearing Date: September 25, 2025
RECOMMENDATION:
That application B-2025-0018 be approved without conditions.
1. PURPOSE OF APPLICATION
The purpose of the consent application is to facilitate a lot line
adjustment. Approximately 0.06 hectares would be transferred from Part
Lot 34, Concession 3 to the adjacent property at 3431 Gibson Road.
This application is associated with a separate consent application for a
lot line adjustment, File Number B-2025-0017 (Regional File Number LD
078/2025). Comments on that application have been provided
separately.
2. BILL 23 PROCLAMATION OF THE REGION OF DURHAM
Please be advised that effective January 1, 2025, the Region
became 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.
B-2025-0018
-2-
3. REGIONAL DEPARTMENT COMMENTS
Durham Regional Works Department
The Regional Works Department has reviewed the above noted
application and has no objections or conditions for the approval of
the consent application.
Durham Region Health Department
The Health Department has reviewed the above noted application
and confirmed that the new lot lines are not encroaching on the
required clearance distances to the existing private sewage systems.
As such, the Health Department has no objections or concerns with
the approval of the proposed application.
4. CONCLUSION
The proposed consent application would facilitate the transfer of
approximately 0.06 hectares from the subject property to the
adjacent lands at 3431 Gibson Road. The Region has no objection
with the proposed application subject to the applicant fulfilling the
conditions outlined in this letter.
Yours truly,
Jacob Slevin
Jacob Slevin,
Planner 1
cc: Grant Young, Regional Works Department
Lesley Kennedy, Health Department
From:
To:
Cc:
Subject:
Date:
Ken Thajer
Sarem Nejad; Committee of Adjustment (SM)
Joanne May
RE: Agency Circulation 3431 Gibson Road (B2025-0017) and (B2025-0018)
Wednesday, September 10, 2025 11:10:18 AM
EXTERNAL
Re: B2025-0017 and B2025-0018
3431 Gibson Road
Municipality of Clarington
The Ganaraska Region Conservation Authority (GRCA) has no comments on the proposed committee
of adjustment applications B2025-0017 and B2025-0018.
Let me know if you have any questions.
Regards,
Ken Thajer, MCIP, RPP
Planning & Regulations Coordinator
Ganaraska Conservation Logo Clear
“Clean Water Healthy Lands for Healthy Communities”
2216 County Road 28
Port Hope, ON L1A 3V8
B: (905) 885-8173 ext. 245
C: (905) 269-9265
kthajer@grca.on.ca / www.grca.on.ca
From: Sarem Nejad <snejad@CLOCA.com>
Sent: September 8, 2025 3:28 PM
To: Committee of Adjustment (SM) <CofA@clarington.net>
Cc: Ken Thajer <kthajer@grca.on.ca>; Chris Jones <cjones@cloca.com>
Subject: RE: Agency Circulation 3431 Gibson Road (B2025-0017) and (B2025-0018)
Good afternoon,
The 3431 Gibson Rd. property is located outside CLOCA’s current regulated area. Also, the property
located within Lot 34 Concession 3 falls outside CLOCA regulation. While portions of this property
were previously within a regulated area, recent regulation updates have reduced the regulated
boundary from 120m to 30m from wetlands. As a result, the site now falls outside of CLOCA’s
regulatory authority as it relates to Reg. 41/24.
CLOCA staff have no comments on the proposed lot line adjustment.
Please note that these two properties are located on the border of CLOCA jurisdiction and
Ganaraska Region Conservation Authority jurisdiction limits. Although it appears the Ganaraska
portion is void of environmental features, I have cc’d Ken Thajer from GRCA to this email to advise if
there is any comment on behalf of the GRCA.
Regards,
September 16, 2025
Planning and Development Services
Municipality of Clarington
40 Temperance Street,
Bowmanville ON L1C 3A6
Attention: Jacob Circo
RE: Zoning By-law Amendment Application B2025-0018
Arlene Glaspell
Part of Lot 24, Concession 3
Municipality of Clarington
With respect to the above-mentioned proposal, please be aware that Rogers Communications
has no objections to the proposal. Please continue to send us significant information regarding
this Project.
Should you have any questions or comments, please do not hesitate to call.
Yours truly,
Tim Holland
System Planner
Outside Plant Engineering - Durham
Rogers Communications
301 Marwood Drive
Oshawa, ON L1H 1J4
timd.holland@rci.rogers.com
905 436-4167
From:
To:
Subject:
Date:
Attachments:
WILSON, Chris
Committee of Adjustment (SM)
RE: Agency Circulation (B2025-0018)
Thursday, September 18, 2025 11:14:43 AM
image001.png
EXTERNAL
Hi,
No comments for mail delivery.
Thank you,
Chris Wilson
Officer, Delivery Services, Delivery Planning | Canada Post | GTA Region | chris.wilson@canadapost.ca |
416-262-7408
From:Development Applications
To:Committee of Adjustment (SM); Kelloway, Elissa
Subject:RE: Agency Circulation Part Lot 34 Concession 3, Clarke (B2025-0018)
Date:Monday, September 8, 2025 9:26:47 AM
Attachments:image002.png
image003.png
image001.png
EXTERNAL
Hi Elissa ,
Thank you for reaching out to Elexicon Energy regarding the proposed development at 3431 Gibson Rd, Newcastle . I would like to inform you that this proposed development is located outside of Elexicon's service
area, as indicated by the red boundary line shown below. However, we still need to hear from you regarding any future developments that may affect the loading within our service area or even at the boundary of the
same.
Your cooperation is essential to ensure we can continue to provide reliable and efficient service.
If you have any further questions or need additional assistance, please feel free to contact us.
Yours
Abdulrazak Shanshal (He / Him / His)
Distribution Engineer
Elexicon Energy
Elexicon Energy Logo
This communication is intended solely for the information and use of the individual or entity
to which it is addressed. Its contents may contain information that is confidential, privileged
and exempt from disclosure under applicable law. Any use, disclosure, printing or copying
of this communication by anyone other than the intended recipient(s) is strictly prohibited.
If you have received this communication in error, please immediately notify the sender,
delete the message and do not retain a copy. Thank you.
Planning and Infrastructure Services
Committee of Adjustment
Minor Variance
A2025-0034
2366 Highway 2, Bowmanville
Municipality of Clarington
Committee of Adjustment
A2025-0034 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: September 25, 2025
File Number: A2025-0034
Address: 2366 Highway 2, Bowmanville
Report Subject: A minor variance application to permit a new commercial unit within an
existing building (Building C Unit C-2) by decreasing the minimum total
floor area from 100 square metres to 80 square metres.
Recommendations:
1. That the Report for Minor Variance Application A2025-0034 be received;
2. That all written comments and verbal submissions are considered in the deliberation
of this application;
3. That application A2025-0034, for a Minor Variance to Section 22B.4.3.a.iv) of Zoning
By-law 84-63 to permit a new commercial unit within an existing building (Building C
Unit C-2) by decreasing the minimum total floor area from 100 square metres to 80
square metres, be tabled for a period of up to 30 days and no later then October
2025.
4. That all interested parties listed in this report be forwarded a copy of the
Committee’s decision.
Municipality of Clarington
Committee of Adjustment
A2025-0034 Page 3
1. Application Details
1.1 Owner:
1.2 Applicant:
Mark Deans on behalf of Sobeys Capital Incorporated
Ken Costello on behalf of KRC Design Inc.
1.3 Proposal: A minor variance application to permit a new commercial unit
within an existing building (Building C Unit C-2) by decreasing
the minimum total floor area from 100 square metres to 80
square metres.
1.4 Location: 2366 Highway 2, Bowmanville
1.5 Zoning: Street-Related Commercial Exception (C9-3) Zone
1.6 Clarington Official
Plan Designation
Urban Centre
1.7 Secondary Plan
Designation:
Street Related Commercial Area within Bowmanville West Town
Centre Secondary Plan
1.8 Heritage Status
1.9 Water Supply:
None
Municipal Servicing
1.10 Sewage Disposal: Municipal Servicing
Municipality of Clarington
Committee of Adjustment
A2025-0034 Page 4
Figure 1: Property Location Map
Municipality of Clarington
Committee of Adjustment
A2025-0034 Page 5
2. Background
2.1 On March 20, 2025, the Building Division received Building Permit Applications for 2366
Highway 2, Bowmanville.
2.2 Upon reviewing the building permits, Planning Staff have determined a minor variance
is required due to the unique configuration of Building C, shaped by interior alterations
carried out over the past six years that have impacted Unit C-2 (See Attachment 1).
The zoning deficiency stems from Unit C-2 having a floor area under 200 square metres
and its proposed separation into two separate business establishments. This has
triggered the need for a new minor variance (See Attachment 2).
2.3 Therefore, on July 15, 2025, Planning Staff received an application for Minor Variance
from the applicants of 2366 Highway 2, Bowmanville, to permit a new commercial unit
within an existing building (Building C Unit C-2) by decreasing the minimum total floor
area from 100 square metres to 80 square metres.
2.4 Following a more detailed review of the application and the Commercial Plaza as a
whole, staff have identified additional information that must be submitted prior to being
able to provide a recommendation on the proposal to the Committee. Therefore, further
discussions with the applicant and the property owner are required.
3. Land Characteristics and Surrounding Uses
3.1 The subject property is a commercial “big box” plaza with a medium-sized retailer to
the north (Dollarama), Home Depot and various other businesses along the frontages
of Durham Highway.
3.2 The surrounding uses are as follows:
a. South – Commercial Plaza including: Loblaws, McDonalds and other commercial
retailers
b. North- Vacant Land, Dollarama, Home Deport
c. East – Boston Pizza
d. West – LCBO and other commercial retailers
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 received an inquiry from a member of the public
regarding the proposal. The concerns were related to the size of the proposed unit and
the overall number of commercial units within the Commercial Plaza.
Municipality of Clarington
Committee of Adjustment
A2025-0034 Page 6
5. Conclusion
5.1 Staff recommend tabling of the minor variance application for a period of up to 30 days
and no later then October 2025.
Submitted by:
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 ahoque@clarington.net.
Attachments:
Attachment 1: Site Plan
Attachment 2: Floor Plan
Interested Parties:
The following interested parties will be notified of Committee's decision:
Mark Deans
Ken Costello
Beth Kelly
Planning and Infrastructure Services
Committee of Adjustment
Minor Variance
Summary of Comments Submitted
A2025-0035
75 Barchard Street, Newcastle
Municipal Departments / External Agencies Comment
Clarington Building Division No Concerns
Clarington Development Engineering Division No Concerns
Clarington Fire and Emergency Services Department No Concerns
Durham Region Works Department No Concerns
Durham Region Community Growth and Economic
Development Department
No Concerns
Municipality of Clarington
Committee of Adjustment
A2025-0035 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: September 25, 2025
File Number: A2025-0035
Address: 75 Barchard Street, Newcastle
Report Subject: A minor variance to facilitate the construction of a deck in the rear yard by
increasing the maximum lot coverage for a single detached dwelling from
40% to 45%.
Recommendations:
1. That the Report for Minor Variance Application A2025-0035 be received;
1.1. That all written comments and verbal submissions are considered in the deliberation
of this application;
1.2. That application A2025-0035, for a Minor Variance to Section 12.2.f.i by increasing
the maximum lot coverage for a single detached dwelling from 40% to 45%, be
approved 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.
2. That all interested parties listed in this report be forwarded a copy of the
Committee’s decision.
Municipality of Clarington
Committee of Adjustment
A2025-0035 Page 3
1. Application Details
1.1 Owner: Owen Johnston and Chelsea Sookorukoff
1.2 Applicant: Owen Johnston
1.3 Proposal: A minor variance application to facilitate the construction of a
deck in the rear yard by increasing the maximum lot coverage
for a single detached dwelling from 40% to 45%.
1.4 Area of Lot: 495 square metres
1.5 Location: 75 Barchard Street, Newcastle
1.6 Zoning: Urban Residential Exception (R1-67) within Zoning By-law 84-
63
1.7 Clarington Official
Plan Designation:
Urban Residential
1.8 Secondary Plan
Designation: N/A
1.9 Heritage Status: N/A
1.10 Water, Sewage and
Storm Servicing:
Municipal water, storm, and sanitary servicing
Municipality of Clarington
Committee of Adjustment
A2025-0035 Page 4
Figure 1: Property Location Map
Municipality of Clarington
Committee of Adjustment
A2025-0035 Page 5
2. Background
2.1 On July 4, 2025, Planning Staff received an application for a Minor Variance from the
applicant for 75 Barchard Street. The Minor Variance seeks to facilitate the construction
of a deck in the rear yard.
2.2 One (1) Minor Variance is required to facilitate the construction of a deck in the rear
yard. The variance is to increase the maximum lot coverage for a single detached
dwelling from 40% to 45% (See Attachment 1).
2.3 There is an existing elevated deck with access to the dwelling through a door in the rear
yard that will be removed to accommodate the proposed deck. A demolition permit is
not required for the removal of the deck. A building permit is required to construct the
proposed deck.
3. Land Characteristics and Surrounding Uses
3.1 The subject property is located at 75 Bachard Street in Newcastle, which is located
south of Grady Drive and east of Pedwell Street (See Figure 1). The property’s lot area
is approximately 495 square metres.
3.2 The surrounding uses are as follows:
a. South – Low density residential with single detached dwellings
b. North – Low density residential with single detached dwellings
c. East – Foster Creek
d. West – 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 60 metres of the subject site.
4.2 At the time of writing this report, Staff have received no comments from members of the
public.
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
A2025-0035 Page 6
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.
This land use designation permits the residential use and proposed deck as accessory
to the residential use.
5.2 The proposed variance to increase the maximum lot coverage maintains the intent of
the “Urban Residential” land use designation in Clarington’s Official Plan as it maintains
a suitable urban residential sized lot that is consistent with the parcel fabric of the
neighbourhood.
5.3 It is Staff’s opinion that the proposal maintains the general intent and purpose of
Clarington’s Official Plan.
Maintain the general intent and purpose of the Zoning By-law
5.4 The subject property is zoned “Urban Residential Exception (R1-67)” within Zoning By-
Law 84-63, which permits a single detached dwelling and accessory structures.
5.5 The intent and purpose of maximum lot coverage is to ensure that there is sufficient
area to situate buildings and structures with appropriate setbacks from abutting
properties, and to maintain landscaped open space.
5.6 The proposed variance to increase the maximum lot coverage from 40% to 45% can
accommodate all other provisions of the (R1-67) Zone, including setbacks and deck
projection, as well as maintain a minimum 30% landscaped open space. Construction
of the deck will result in a total lot coverage of 43%, however the variance to permit a
maximum lot coverage of 45% provides flexibility to accommodate a small accessory
structure(s), such as a shed, if desired in the future without requiring another variance.
5.7 For the above stated reasons, it is Staff’s opinion that the Minor Variance requested
maintains 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 for 75 Barchard Street is residential. The increase in lot
coverage from 40% to 45% is appropriate for the development as it facilitates
construction of a rear yard deck while maintaining the required setbacks and
landscaping provisions.
5.9 The existing single detached dwelling has an existing rear entrance and deck that is
elevated, which will be required to be removed prior to construction of the new proposed
deck in order to construct a new deck in the proposed location. The proposal does not
require any modifications to the building façade or interior alterations as there is an
existing door and rear entrance to the proposed deck. The proposed deck and the
increase in lot coverage allows for greater usability and functionality as it can
accommodate more people, site furniture (e.g., table, chairs, and barbeque), and
provides stairs to access the rear yard.
Municipality of Clarington
Committee of Adjustment
A2025-0035 Page 7
5.10 It is Staff’s opinion that the Minor Variance requested is desirable for the use of land
and building as it maintains the residential use of the land.
Minor in Nature
5.11 In determining if the variance is 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.
5.12 Staff do not anticipate the proposed variance to increase the maximum lot coverage will
have any adverse impacts on neighbouring properties. Section 3.1.g.iv of the Zoning
By-law permits decks to project 1.5 metres into the required rear yard setback. The
required rear yard setback in the (R1-67) Zone is 7.5 metres, thus a deck can project
1.5 metres into the required 7.5 metres, resulting in a 6-metre required setback from the
deck to the rear lot line. The proposed setback from the deck stairs to the rear lot line is
8.62 metres. As the proposed deck projection is not reducing the required setbacks or
increasing the decks projection into the required rear yard, Staff do not have privacy
concerns for adjacent properties.
5.13 The proposal maintains the required setbacks and 30% minimum landscaped open
space, providing sufficient outdoor amenity space in the rear yard. Clarington
Development Engineering Staff did not provide any comments that anticipate concerns
for grading or drainage.
5.14 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.
6.Conclusion
6.1 Based on Staff’s review of the requested Minor Variance, 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.
6.2 Given the above comments, Staff recommends that:
Minor Variance Application A2025-0035 for variance to Section 12.2.f.i of Zoning By-law
84-63 to facilitate the construction of a deck in the rear yard by increasing the maximum
lot coverage for a single detached dwelling from 40% to 45%, be approved.
Municipality of Clarington
Committee of Adjustment
A2025-0035 Page 8
Submitted by:
Ainsley Johnston
Acting Secretary-Treasurer
Committee of Adjustment at the Municipality of Clarington
Concurrence:
This report has been reviewed by Sarah Parish, MCIP, RPP, Principal Planner, who concurs
with the recommendations.
Staff Contact: Ainsley Johnston, Planner I, (905) 623-3379 x2438 or
AJohnston@clarington.net.
Attachments:
Attachment 1: Site Plan
Attachment 2: Proposed Deck Plans
Attachment 3: Clarington Building Division Comments
Attachment 4: Clarington Development Engineering Comments
Attachment 5: Clarington Fire and Emergency Services Comments
Attachment 6: Durham Region Works Department Comments
Attachment 7: Durham Region Community Growth and Economic Development Department
Comments
Interested Parties:
N/A
The following interested parties will be notified of Committee's decision:
N/A
If this information is required in an alternate format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6
1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net
To: Planning and Infrastructure Services
From: Planning and Infrastructure Services - Building
Date: Sep 16, 2025
Subject: Planning - Building Division Review Complete
File: A-2025-0035
A building permit is required for the proposed deck.
Regards,
--
Brendan Grigg
Deputy Chief Building Official/Supervisor of Building
Planning and Infrastructure Services - Building
BGrigg@Clarington.net
(905) 623-3379 e 2313
MEMO
The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6
1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net Page | 1
If this information is required in an alternate format, please contact the
Accessibility Coordinator at 905-623-3379 ext. 2131.
The applicant requires a Minor Variance to facilitate the construction of a deck in
the rear yard by increasing the maximum lot coverage for a single detached
dwelling from 40% to 45%.
Development Engineering has reviewed the application and have no objection to
this proposal.
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
KR/JA
To: Ainsley Johnston, Planner I
From: Karen Richardson, Manager of Development Engineering
Date: September 16, 2025
Subject: Minor Variance Application A2025-0035
File: Applicant: Owen Johnston
Address: 75 Barchard Street, Newcastle
If this information is required in an alternate format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6
1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net
To: Planning and Infrastructure Services
From: Emergency and Fire Services - Fire Prevention
Date: Sep 02, 2025
Subject: EFS Review Complete
File: A-2025-0035
This memo is to provide comments from the Clarington Emergency and Fire Services,
Fire Prevention Division regarding the above noted file. The review has been completed
and the below comments have been made regarding it:
No fire safety concerns.
Regards,
--
Jeff Norris
Fire Inspector
Emergency and Fire Services - Fire Prevention
JNorris@Clarington.net
(905) 623-3379 e 2809
From:Grant Young
To:Committee of Adjustment (SM)
Subject:2025-C-Misc47 (A2025-0035) - 75 Barchard Street, Newcastle - Regional Works Comments
Date:Tuesday, September 16, 2025 12:35:17 PM
Attachments:image.png
image.png
image.png
image.png
image.png
EXTERNAL
Hello,
Regional Works has reviewed the above noted minor variance application and supporting
documentation and provide the following comments:
Regional Works has no objection or conditions to be imposed upon the further processing of this
application.
Thankyou
Grant Young C.E.T. | Works Technician 2
Development Approvals
The Regional Municipality of Durham
grant.young@durham.ca | 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,
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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:Jacob Slevin
To:Committee of Adjustment (SM)
Cc:Roberta Honeyford
Subject:Regional Comments - Clarington COA, Sept 25, 2025
Date:September 3, 2025 2:39:07 PM
Attachments:image.png
image.png
image.png
image.png
image.png
You don't often get email from jacob.slevin@durham.ca. Learn why this is important
EXTERNAL
Good afternoon,
Durham Region's Development Advisory Services staff have reviewed the following
applications for Minor Variance:
A2025-0035 (75 Barchard St)
A2025-0037 (72 Potters Lane)
A2025-0038 (115 High St)
Based on a review of the above applications, there are no matters of Regional interest or
Regional concerns with any of the applications.
Best,
Jacob Slevin | Planner 1
Community Growth and Economic Development Department
The Regional Municipality of Durham
Jacob.Slevin@durham.ca | 905-668-4113 extension 2863| durham.ca
My pronouns are he/him.
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.
Planning and Infrastructure Services
Committee of Adjustment
Minor Variance
Summary of Comments Submitted
A2025-0037
72 Potters Lane, Enniskillen
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 Public Works Department See Attachment 3
Durham Region Community Growth and Economic
Development Department
No Concerns
Durham Region Works Department No Concerns
Durham Region Health Department No Concerns
Municipality of Clarington
Committee of Adjustment A2025-0037 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: September 25, 2025
File Number: A2025-0037
Address: 72 Potters Lane, Enniskillen ON
Report Subject: A minor variance to facilitate the construction of a detached garage by
increasing the total accessory floor area maximum from 90 square metres
to 121 square metres.
Recommendations:
1. That the Report for Minor Variance Application A2025-0037 be received;
2. That all written comments and verbal submissions are considered in the deliberation of
this application;
3. That application A2025-0037, for a Minor Variance to Section 4.1.3 by increasing the
increasing the total accessory floor area maximum from 90 square metres to 121
square metres within Zoning By-law 2005-109, be approved as it maintains the general
intent and purpose of the Clarington Official Plan, maintains the general intent and
purpose of 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
A2025-0037 Page 3
1. Application Details
1.1 Owner:
1.2 Applicant:
Todd and Donna Stephens
Todd Stephens
1.3 Proposal: A minor variance to facilitate the construction of a detached
garage by increasing the total accessory floor area maximum
from 90 square metres to 121 square metres.
1.4 Area of Lot: 4,330 square metres
1.5 Location: 72 Potters Lane, Enniskillen
1.6 Zoning: “Rural Settlement One (RS1)” within Zoning By-law 2005-109
1.7 Clarington Official
Plan Designation:
1.8 Secondary Plan
Designation
“Hamlet”
N/A
1.9 Heritage Status: N/A
1.10 Water, Sewage and
Storm Servicing:
Septic System, Well, Ditches and Swales
Municipality of Clarington
Committee of Adjustment
A2025-0037 Page 4
Figure 1: Property Location Map
Municipality of Clarington
Committee of Adjustment
A2025-0037 Page 5
2. Background
2.1 On July 15, 2025, Planning Staff received an application for Minor Variance from the
owner of 72 Potters Lane. The Minor Variance seeks to facilitate the construction of a
detached garage to store the owner’s recreational vehicle and other additional
equipment.
2.2 One (1) Minor Variance is required to facilitate the construction of the detached garage.
The variance is to increase the maximum total accessory floor area from 90 square
metres to 121 square metres.
2.3 The owner indicated to Planning Staff that the proposed location for the detached
garage is at the back of the property and that they would access the proposed garage
from Ella Mae Lane as it is the most desirable location and entrance for them and their
neighbours. Staff have advised the owner that access to the property from Ella Mae
Lane is not permitted without an access permit from Clarington’s Public Works Division
and that any access to the proposed location of the detached garage must be accessed
from Potters Lane. Public Works also advised the owner that an access permit off Ella
Mae Lane would not be issued. The owner advised Staff that they do not intend to
extend their driveway to the back of the property.
3. Land Characteristics and Surrounding Uses
3.1 The subject property is located at 72 Potters Lane, Enniskillen, which is located
southeast of Regional Road 3 and Old Scugog Road (See Figure 1). The property’s lot
area is 4,330 square metres.
3.2 The surrounding uses are as follows:
a. South – Rural Residential Lands with a Single Detached Dwelling and Accessory
Structure
b. North – Rural Residential Lands with a Single Detached Dwelling
c. East – Rural Residential Lands with a Single Detached Dwelling and Accessory
Structure
d. West – Rural Residential Lands with a Single Detached Dwelling and Accessory
Structure
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. Two (2) signs were installed; one sign
was installed on Potters Lane and one sign was installed on Ella Mae Lane. In addition,
the appropriate notice was mailed to each landowner within 60 metres of the subject
site.
Municipality of Clarington
Committee of Adjustment
A2025-0037 Page 6
4.2 At the time of writing this report, Staff have received no comments from members of the
public.
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.
5. Discussion
Maintain the general intent and purpose of the Clarington Official Plan
5.1 The subject property is designated “Hamlet” within Clarington’s Official Plan. The
predominant use of land for this designation is residential, which includes accessory
buildings (e.g., detached garage).
5.2 The proposed variance to increase the total accessory floor area maximum maintains
the existing residential use of the land.
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 “Rural Settlement One (RS1)” within Zoning By-Law
2005-109. The zoning permits one single detached dwelling and accessory structures.
5.5 Within the Zoning By-law, the total accessory floor area maximum is for all accessory
structures on the property combined. There are two existing accessory structures on the
property (a shed and pool cabana) with a combined floor area of 27.3 square metres.
The proposed detached garage is 92.89 square metres, as per the submitted drawings
(See Attachment 2). The total accessory floor area for all accessory structures
combined is 120.19 square metres, whereas the zoning permits a total accessory floor
area of 90 square metres. The requested variance to 121 square metres provides some
flexibility that any slight modifications to the drawings does not require another variance.
5.6 In initial conversations with Planning Staff, the owner/applicant indicated that they utilize
the property’s frontage on Ella Mae Lane to access their rear yard by driving across the
municipal boulevard (See Attachment 9). Staff have expressed concerns regarding
access to the proposed location as the owner has indicated they do not desire to extend
the existing driveway for access. Clarington’s Public Works Division has indicated that
there is no current access permitted onto the property off of Ella Mae Lane, and that
they are unable to issue an access permit (See Attachment 3).The owner has indicated
they feel the proposed location is the most desirable for them as it will be used for
storage of vehicles not used daily and that it is preferrable amongst neighbours. The
owner is aware that the garage must be accessed via their access from Potters Lane
and that they are not allowed to use the frontage on Ella Mae Lane to drive across the
municipal boulevard to access their property.
Municipality of Clarington
Committee of Adjustment
A2025-0037 Page 7
5.7 The intent and purpose of total accessory floor area is to ensure that accessory
structures remain secondary to the principal dwelling and to maintain landscaping
provisions.
5.8 The existing dwellings lot coverage is 246.5 square metres, whereas should the
Committee approve this variance the total accessory floor area for all accessory
structures will be 121 square metres. Thus, should this variance be approved, the
principal dwelling will remain the primary residential use on the property. Further, the
proposed detached garage does not impact the landscaping provisions as no additional
variances are required for lot coverage or setbacks.
5.9 Section 3 of Zoning By-law 2005-109 defines “Garage” as “Shall mean a building,
structure or part thereof, including a carport, designed and/or used for the parking of
motor vehicles having adequate access to a driveway, and where household equipment
incidental to the residential use may be stored”. Section 3 of Zoning By-law 2005-109
defines “Driveway” as “Shall mean that portion of a lot designed to provide motor vehicle
access from the lot to the traveled portion of the street, private road or lane”. Section
6.3.4 outlines that driveways shall be constructed and maintained with a stable surface
that is capable of permitting access under all climatic conditions.
5.10 As a garage is required to have adequate access to a driveway that is constructed and
maintained with a stable surface, Planning Staff cannot sign off on a building permit as
per the submitted concept plan (See Attachment 1) as the access does not comply to
the Zoning By-law. However, as Staff are of the opinion that the proposed variance itself
to increase the total accessory floor area maintains the general intent and purpose of
the Zoning By-law, the issue of access to the driveway can be dealt with at the building
permit stage. The approval of the proposed Minor Variance does not approve the
location, and if the owner extends the existing driveway to the proposed location or re-
locates the proposed garage to another location on the property which requires less
material to extend the driveway, a building permit can be issued. As the proposed
landscaped area is 84.7% on the proposed concept plan, it is not anticipated that an
additional variance for landscaped area will be required by either extending the
driveway to the proposed location or extending it to another location on the property as
the (RS1) Zone requires a minimum 35% landscaped area.
5.11 For the above stated reasons, it is Staff’s opinion that the Minor Variance requested
maintains the general intent and purpose of Zoning by-law 2005-109.
Desirable for the appropriate development or use of the land, building or structure
5.12 The owner intends to use the proposed detached garage to store their recreational
vehicle (RV) and other vehicles. The Zoning By-law permits the storage or parking of
trailers or recreational vehicles in garages, with a maximum number of three trailers
and/or recreational vehicles on the lot. The variance will allow the recreational vehicle
and other vehicles and/or equipment to be stored in an enclosed structure, which
maintains an attractive streetscape and is appropriate for the use of the land and
building.
Municipality of Clarington
Committee of Adjustment
A2025-0037 Page 8
5.13 It is Staff’s opinion that the Minor Variance required is desirable for the use of land and
building as it maintains the residential use of the land and maintains an attractive
streetscape.
Minor in Nature
5.14 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.
5.15 The (RS1) requires properties to have a minimum lot area of 4000 square metres and
minimum 30 metres of frontage. As the fabric of the neighbouring properties are larger
residential lots, the proposed variance to facilitate the construction of a detached garage
does not have any adverse impacts on neighbouring properties. The proposed garage
can maintain all required setbacks and no increase to the detached structures height is
proposed therefore mitigating adverse impacts of privacy and shadowing on
neighbouring properties.
5.16 The proposed garage will have a floor area of 92.89 square metres, with the total lot
coverage for all accessory building and structures at 8.5%. The maximum lot coverage
permitted in the (RS1) Zone is 15%. Although Staff have concerns regarding the
proposed location due to adequate access to a driveway, the fabric of subject property
can accommodate the re-location of the proposed detached garage with no anticipated
concerns from Planning Staff for the ability to conform to the (RS1) Zoning provisions.
5.17 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 2005-109.
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.
6.2 Given the above comments, Staff recommends that:
Minor Variance Application A2025-0037 for variances to Section 4.1.3 of Zoning By-law
2005-109 to facilitate the construction of a new detached garage by increasing the
maximum total accessory floor area from 90 square metres to 121 square metres, be
approved, as it maintains the general intent and purpose of the Clarington Official Plan,
maintains the general intent and purpose of 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
A2025-0037 Page 9
Submitted by:
Ainsley Johnston
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: Ainsley Johnston, Planner I, (905) 623-3379 x2438 or
AJohnston@clarington.net.
Attachments
Attachment 1: Concept Plan
Attachment 2: Proposed Detached Garage Drawings
Attachment 3: Clarington Public Works Department Comments
Attachment 4: Clarington Building Division Comments
Attachment 5: Clarington Emergency and Fire Services Comments
Attachment 6: Durham Region Health Department Comments
Attachment 7: Durham Region Works Department Comments
Attachment 8: Durham Region Community Growth and Economic Development Department
Comments
Attachment 9: Property Frontage at Ella Mae Lane
Interested Parties:
N/A
The following interested parties will be notified of Committee's decision:
N/A
From:Linton, Geoff
To:Johnston, Ainsley
Cc:Committee of Adjustment (SM); Novak, Brett
Subject:RE: 72 Potters Lane Access - A2025-0037
Date:September 11, 2025 8:46:54 AM
Good Morning Ainsley,
Hope all is well with you.
I did speak with the resident and advised them that our policy dictates that only the
frontage from one road will be considered when determining the number of allowable
entrances. Unfortunately, we will not permit an access from Potters Lane AND Ella
Mae Lane . Access is only permitted from one frontage.
Please let me know if you need any further information.
Thanks,
Geoff Linton, C. Tech.
Operations Supervisor
Public Works Department
Municipality of Clarington
40 Temperance Street, Bowmanville ON L1C 3A6
Office: 905-623-3379 ext. 2934 | Mobile: (905) 260-0744
www.clarington.net
From: Johnston, Ainsley <AJohnston@clarington.net>
Sent: September 8, 2025 12:11 PM
To: Linton, Geoff <GLinton@clarington.net>
Cc: Committee of Adjustment (SM) <CofA@clarington.net>
Subject: 72 Potters Lane Access - A2025-0037
Hi Geoff,
The owner of 72 Potters Lane has applied for a Minor Variance to increase the
maximum total accessory floor area in order to build a new detached garage, which
Public Works has been circulated on. They are proposing the garage at the back of
the property near Ella Mae Lane. In conversations at the counter a few months ago,
the owner indicated they want to access the garage off Ella Mae Lane – I advised
them to speak to Public Works regarding an access permit. They mentioned to me a
few weeks ago Public Works said no to access from Ella Mae.
Are you able to confirm if the owner would be able to obtain access off Ella Mae
Lane? The owner has indicated they are not interested in extending the existing
driveway to the back of the property.
Please see the attached site plan for your reference.
Thanks!
Ainsley Johnston
Planning and Infrastructure Services Department
Municipality of Clarington
40 Temperance Street, Bowmanville ON L1C 3A6
905-623-3379 ext. 2438 | 1-800-563-1195
If this information is required in an alternate format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6
1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net
To: Planning and Infrastructure Services
From: Planning and Infrastructure Services - Building
Date: Sep 16, 2025
Subject: Planning - Building Division Review Complete
File: A-2025-0037
A building permit is required for the proposed construction
Regards,
--
Brendan Grigg
Deputy Chief Building Official/Supervisor of Building
Planning and Infrastructure Services - Building
BGrigg@Clarington.net
(905) 623-3379 e 2313
If this information is required in an alternate format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6
1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net
To: Planning and Infrastructure Services
From: Emergency and Fire Services - Fire Prevention
Date: Sep 02, 2025
Subject: EFS Review Complete
File: A-2025-0037
This memo is to provide comments from the Clarington Emergency and Fire Services,
Fire Prevention Division regarding the above noted file. The review has been completed
and the below comments have been made regarding it:
No fire safety concerns.
Regards,
--
Jeff Norris
Fire Inspector
Emergency and Fire Services - Fire Prevention
JNorris@Clarington.net
(905) 623-3379 e 2809
If this information is required in an accessible format, please contact 1-800-841-2729 ext. 3324.
September 16, 2025
The Municipality of Clarington
ATTN: Jacob Circo
40 Temperance St
Bowmanville ON
L1C 3A6
Attention: Jacob Circo
Re: A 2025-0037
72 Potters Lane
Owner: Donna & Todd Stephens
NX25-242601
The above noted application has been reviewed by this department and
we have no objection to the approval.
Contact the undersigned if further information is required.
Regards,
Lesley Kennedy, CPHI(C)
Senior Public Health Inspector, I/CBO-SS
Health Protection Division
LK/jc
The Regional
Municipality
of Durham
Health Department
North Office
181 Perry St.
Suite 200
Port Perry, ON L9L 1B8
Canada
905-985-4889
1-866-845-1868
Fax: 905-982-0840
durham.ca/health
An Accredited
Public Health Agency
From:Grant Young
To:Committee of Adjustment (SM)
Subject:2025-C-Misc46 (A2025-0037) - 72 Potters Lane, Enniskillen - Regional Works Comments
Date:Tuesday, September 16, 2025 12:32:19 PM
Attachments:image.png
image.png
image.png
image.png
image.png
EXTERNAL
Hello,
Regional Works has reviewed the above noted minor variance application and supporting
documentation and provide the following comments:
Regional Works has no objection or conditions to be imposed upon the further processing of this
application.
Thankyou
Grant Young C.E.T. | Works Technician 2
Development Approvals
The Regional Municipality of Durham
grant.young@durham.ca | 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:Jacob Slevin
To:Committee of Adjustment (SM)
Cc:Roberta Honeyford
Subject:Regional Comments - Clarington COA, Sept 25, 2025
Date:Wednesday, September 3, 2025 2:39:07 PM
Attachments:image.png
image.png
image.png
image.png
image.png
You don't often get email from jacob.slevin@durham.ca. Learn why this is important
EXTERNAL
Good afternoon,
Durham Region's Development Advisory Services staff have reviewed the following
applications for Minor Variance:
A2025-0035 (75 Barchard St)
A2025-0037 (72 Potters Lane)
A2025-0038 (115 High St)
Based on a review of the above applications, there are no matters of Regional interest or
Regional concerns with any of the applications.
Best,
Jacob Slevin | Planner 1
Community Growth and Economic Development Department
The Regional Municipality of Durham
Jacob.Slevin@durham.ca | 905-668-4113 extension 2863| durham.ca
My pronouns are he/him.
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.
Planning and Infrastructure Services
Committee of Adjustment
Minor Variance
Staff Summary of Comments Submitted
A2025-0038
115 High Street, Bowmanville
Municipal Departments / External Agencies Comment
Clarington Building Division No Concerns
Clarington Development Engineering Division See Attachment 4
Clarington Fire and Emergency Services Department No Concerns
Clarington Community Planning Division Comments Outstanding
Durham Region Works Department No Concerns
Durham Region Community Growth and Economic
Development Department
No Concerns
Municipality of Clarington
Committee of Adjustment
A2025-0038 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: September 25, 2025
File Number: A2025-0038
Address: 115 High Street, Bowmanville
Report Subject: A minor variance to facilitate the construction of a single detached
dwelling by increasing the maximum building height from 8.5 metres to 9.3
metres, by increasing the maximum lot coverage from 35% to 38%, by
reducing the front yard setback minimum from the established building line
at 10.64 metres to 4.42 metres, by reducing the exterior side yard setback
minimum from the established building line at 6.21 metres to 3.65 metres,
by reducing the minimum setback of the garage door from the front wall of
the dwelling from 1 metres to 0 metres, and by increasing the height of the
floor deck of an unenclosed porch above finished grade from 1 metre to
1.66 metres.
Recommendations:
1. That report for Minor Variance application A2025-0038 be received;
2. That all written comments and verbal submissions are considered in the deliberation
of this application;
3. That application A2025-0038, for a Minor Variance to Section 12.2.1.e.ii by
increasing the maximum building height from 8.5 metres to 9.3 metres, Section
12.2.1.c.i.a by increasing the maximum lot coverage from 35% to 38%, Section
12.2.1.b.i.b by reducing the front yard setback minimum from the established
building line at 10.64 metres to 4.42 metres, Section 12.2.1.b.i.b by reducing the
exterior side yard setback minimum from the established building line at 6.21 metres
to 3.65 metres, Section 12.2.1.f.i.iii by reducing the minimum setback of the garage
door from the front wall of the dwelling from 1 metres to 0 metres, and Section
12.2.1.f.i.iii by increasing the height of the floor deck of an unenclosed porch above
finished grade from 1 metre to 1.66 metres to facilitate the construction of a single
detached dwelling, be approved subject to the following conditions:
a. The existing sheds be removed, a demolition permit may be required.
b. The increase in height of the floor deck of an unenclosed porch above
finished grade to 1.66 metre be for a porch in the rear yard only.
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
A2025-0038 Page 3
1. Application Details
1.1 Owner: Jaret Bilich (Merit Restoration)
1.2 Applicant: Bobbi Ann Brooks
1.3 Proposal: A minor variance to facilitate the construction of a single
detached dwelling by increasing the maximum building height
from 8.5 metres to 9.3 metres, by increasing the maximum lot
coverage from 35% to 38%, by reducing the front yard setback
minimum from the established building line at 10.64 metres to
4.42 metres, by reducing the exterior side yard setback
minimum from the established building line at 6.21 metres to
3.65 metres, by reducing the minimum setback of the garage
door from the front wall of the dwelling from 1 metres to 0
metres, and by increasing the height of the floor deck of an
unenclosed porch above finished grade from 1 metre to 1.66
metres.
1.4 Area of Lot: 587.05 square metres
1.5 Location: 115 High Street, Bowmanville
1.6 Zoning: Urban Residential Type One (R1) and within the
Neighbourhood Character Overlay within Zoning By-law 84-63
1.7 Clarington Official
Plan Designation: Urban Residential
1.8 Secondary Plan
Designation: N/A
1.9 Heritage Status: N/A
1.10 Water, Sewage and
Storm Servicing:
Municipal Water, Sanitary, and Storm Servicing
Municipality of Clarington
Committee of Adjustment
A2025-0038 Page 4
Figure 1: Property Location Map
Municipality of Clarington
Committee of Adjustment
A2025-0038 Page 5
2. Background
2.1 On July 17, 2025, Planning Staff received an application for Minor Variance from the
applicant for 115 High Street. The Minor Variance seeks facilitate the construction of a
single detached dwelling.
2.2 Six (6) Minor Variances are required to facilitate the construction of the proposed single
detached dwelling. The Minor Variances are to increase the maximum building height
from 8.5 metres to 9.3 metres, to increase the maximum lot coverage from 35% to 38%,
to reduce the front yard setback minimum from the established building line at 10.64
metres to 4.42 metres, to reduce the exterior side yard setback minimum from the
established building line at 6.21 metres to 3.65 metres, to reduce the minimum setback
of the garage door from the front wall of the dwelling from 1 metres to 0 metres, and to
increase the height of the floor deck of an unenclosed porch above finished grade from
1 metre to 1.66 metres
3.Land Characteristics and Surrounding Uses
3.1 The subject property is located at 115 High Street in Bowmanville (See Figure 1). The
property’s lot area is approximately 588 square metres. The property has an existing
single detached dwelling which is proposed to be demolished through the issued
demolition permit.
3.2 The surrounding uses to the north, south, east, and west are low density urban
residential lands with existing single detached bungalows.
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. Two (2) signs were installed; one sign
was installed on High Street, and one sign was installed on Third Street. In addition, the
appropriate notice was mailed to each landowner within 60 metres of the subject site.
4.2 At the time of writing this report, Staff have received no comments from members of the
public.
4.3 At the time of writing this report, Staff have received no comments in opposition to the
proposed variance from internal departments or agencies.
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 use of a single detached dwelling.
Municipality of Clarington
Committee of Adjustment
A2025-0038 Page 6
5.2 The subject property is located within the Neighbourhood Character Overlay, an
established area of Bowmanville. While Section 5.4.1 of Clarington’s Official Plan
outlines that new development and redevelopment in established neighbourhoods will
respect and reinforce the physical character of the established neighbourhood, Section
9.4.6 recognizes that established neighbourhoods are stable but not static.
5.3 The proposed variances to increase the maximum lot coverage for a single detached
dwelling, to reduce the front yard and exterior side yard setback minimums from the
established building line, to reduce the minimum setback of the garage door from the
front wall of the dwelling, and to increase the height of the floor deck of an unenclosed
porch above finished grade will facilitate the construction of an appropriately sized
single detached dwelling that will allow the continuation of the residential use of the
land.
5.4 The existing dwellings on the surrounding properties of the subject site are single
detached bungalows (i.e., one-storey). While the variance to increase the maximum
building height from 8.5 metres to 9.3 metres will allow for a two-storey dwelling, the
height from finished grade to top of plate is approximately 6.1 metres, with the proposed
design of the dwelling providing an appearance that is generally consistent with newer
bungalows on neighbouring properties (See Attachment 2). The Official Plan
recognizes established neighbourhoods may change as they are not static, and the
increase in height facilitates additional floor space that can accommodate Additional
Dwelling Units in the future, if desired.
5.5 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
5.6 The subject property is zoned “Urban Residential Type One (R1)” and is located within
the “Neighbourhood Character Overlay (NCO)” within Zoning By-Law 84-63. A single
detached dwelling is a permitted use within the (R1) Zone.
5.7 The intent and purpose of maximum dwelling lot coverage is to ensure that there is
sufficient area to situate a single detached dwelling with appropriate setbacks from
abutting properties and to maintain the landscaping provisions.
5.8 The proposed increase in maximum dwelling lot coverage from 35% to 38% can
accommodate the required interior side yard and rear yard setbacks, as well as maintain
a minimum 30% landscaped open space and 50% soft landscaping in the front and
exterior side yards. As the submitted plans show a finished basement (See Attachment
2), an increase in lot coverage allows a larger building size which allows for the
proposed basement to be converted into an Additional Dwelling Unit in the future, if
desired. Building a dwelling with a larger basement floor area aligns to future planning
goals, as it could provide an additional housing unit in the Bowmanville Urban Area.
Municipality of Clarington
Committee of Adjustment
A2025-0038 Page 7
5.9 The intent and purpose of front yard and exterior side yard setbacks is to accommodate
necessary parking, maintain required grading and drainage, and maintain and attractive
streetscape. The front yard and exterior side yard setback minimums are the
established building line, with a maximum setback of 2 metres from the established
building line. To calculate the established building line, the average setback for four
properties on both sides of the subject property (total of eight dwellings) is used to
determine the established building line. The established building line for the front yard
setback at 115 High Street is 10.64 metres. The established building line for the exterior
side yard setback, which fronts onto Third Street, is 6.21 metres.
5.10 The proposed reduction to the front yard and exterior side yard setbacks from the
established building line are desirable to accommodate a dwelling. As the depth of the
lot is 33.47 metres and a 7.5 metre rear yard setback is required under the parent (R1)
zone, a 10.64 metre front yard setback and 6.21 metre will significantly reduce the size
of the dwelling and would require a larger height increase to facilitate a dwelling with a
floor area that is of suitable size for an urban residential sized lot. A reduction to the
front yard setback minimum from the established building line from 10.64 metres to 4.42
metres and reduction to the exterior side yard setback minimum from the established
building line at 6.21 metres to 3.65 metres is desirable to construct a suitable sized
single detached dwelling that is generally consistent with dwellings in the surrounding
neighbourhood.
5.11 The intent and purpose of a garage door setback of 1 metre from the front wall of the
dwelling is to maintain an attractive streetscape and enhance the public realm by having
the façade of the dwelling as the focal point from the street line.
5.12 The proposed variance to reduce the minimum setback of the garage door from the
front wall of the dwelling from 1 metres to 0 metres maintains the intent to foster an
attractive streetscape and public realm. The proposed garage doors are flush with the
front wall of the dwelling, with the front porch projecting further into the front yard than
the garage doors. The garage will enhance the streetscape as it provides an enclosed
space to store and park vehicles while complying to the parking requirements of the
Zoning By-law.
5.13 The intent and purpose of the height of a floor deck of an unenclosed porch above
finished grade not exceeding 1 metre is to ensure the porch has proportional height to
the street and sidewalk, thus providing a comfortable relationship to the sidewalk and
street.
5.14 The proposed variance to increase the height of the floor deck of an unenclosed porch
above finished grade from 1 metre to 1.66 metres is proposed for a porch in the rear
yard. This variance will provide enhanced accessibility to the rear yard through a
walkout from the main floor to the rear yard. As the porch the variance is requested for
is located in the rear yard, and the proposed porch in the front yard complies to the
Zoning By-law, the intent of the provision to maintain a comfortable relationship between
the sidewalk and street is maintained.
Municipality of Clarington
Committee of Adjustment
A2025-0038 Page 8
5.15 For the above stated reasons, it is Staff’s opinion that the Minor Variances requested
maintain the general intent and purpose of Zoning by-law 84-63.
Desirable for the appropriate development or use of the land, building or structure
5.16 The appropriate use of the building located at 115 High Street in Bowmanville is
residential, this use includes permissions for a single detached dwelling. The property
has an existing single detached bungalow at 85 square metres in size, which a
demolition permit has been issued for.
5.17 The proposed variances to increase the maximum building height, to increase the
maximum lot coverage, and to reduce the front yard and exterior side yard setback
minimums from the established building line will permit the construction of a single
detached dwelling that is of suitable size for an urban residential lot. An increase in size
also provides flexibility for the implementation of Additional Dwelling Units (ADUs) in the
house, if desired, as up to two ADUs are permitted on the property.
5.18 The reduction of the minimum setback of the garage door from the front wall of the
dwelling from 1 metres to 0 metres allows for the dwelling to have more floor area while
ensuring the residential use of the property is visibly maintained from the street line by
enclosing storage of vehicles and personal belongings in the garage.
5.19 Part of the desirability of a single detached dwelling on an urban residential lot is private
amenity space within yards, including the rear yard. The variance to increase the height
of the floor deck of an unenclosed porch above finished grade from 1 metre to 1.66
metres in the rear yard provides access directly from the dwelling to the rear yard which
will enhance usability and accessibility to the rear yard.
5.20 It is Staff’s opinion that the Minor Variances required are desirable for the use of land
and building as it maintains the residential use of the land, does not deter from the
neighbourhood character, and maintains an attractive streetscape.
Minor in Nature
5.21 In determining if the variance is 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.
5.22 The proposed variances to increase the maximum building height, to increase the
maximum lot coverage, to reduce the front yard and exterior side yard setback
minimums from the established building line, reducing the minimum setback of the
garage door from the front wall of the dwelling, and to increase the height of the floor
deck of an unenclosed porch above finished grade seek to construct a larger single
detached dwelling on the lot, which can accommodate future growth through the
potential to add Additional Dwelling Units, and is generally consistent with character of
the established neighbourhood.
Municipality of Clarington
Committee of Adjustment
A2025-0038 Page 9
5.23 Although each variance is assessed individually to determine if they are minor in nature,
Staff are of the opinion that the cumulation of proposed six variances maintains the
residential use of the land and does not alter the character of the established
neighbourhood.
5.24 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.
6.Conclusion
6.1 Based on Staff’s review of the requested Minor Variance, 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.
6.2 Given the above comments, Staff recommends that:
Minor Variance Application A2025-0038 for a Minor Variance to Section 12.2.1.e.ii by
increasing the maximum building height from 8.5 metres to 9.3 metres, Section
12.2.1.c.i.a by increasing the maximum lot coverage from 35% to 38%, Section
12.2.1.b.i.b by reducing the front yard setback minimum from the established building
line at 10.64 metres to 4.42 metres, Section 12.2.1.b.i.b by reducing the exterior side
yard setback minimum from the established building line at 6.21 metres to 3.65 metres,
Section 12.2.1.f.i.iii by reducing the minimum setback of the garage door from the front
wall of the dwelling from 1 metres to 0 metres, and Section 12.2.1.f.i.iii by increasing the
height of the floor deck of an unenclosed porch above finished grade from 1 metre to
1.66 metres to facilitate the construction of a single detached dwelling, be approved
subject to the following conditions:
a.The existing sheds be removed, a demolition permit may be required.
b.The increase in height of the floor deck of an unenclosed porch above finished grade
to 1.66 metre be for a porch in the rear yard only.
Submitted by:
Ainsley Johnston
Acting Secretary-Treasurer
Committee of Adjustment at the Municipality of Clarington
Concurrence:
This report has been reviewed by Sarah Parish, MCIP, RPP, Principal Planner, who concurs
with the recommendations.
Municipality of Clarington
Committee of Adjustment
A2025-0038 Page 10
Staff Contact: Ainsley Johnston, Planner I, (905) 623-3379 x2438 or
AJohnston@clarington.net.
Attachments
Attachment 1: Site Plan
Attachment 2: Proposed Building Permit Drawings
Attachment 3: Clarington Building Division Comments
Attachment 4: Clarington Development Engineering Comments
Attachment 5: Clarington Emergency and Fire Services Comments
Attachment 6: Durham Region Works Department Comments
Attachment 7: Durham Region Community Growth and Economic Development Department
Interested Parties:
N/A
The following interested parties will be notified of Committee's decision:
N/A
If this information is required in an alternate format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6
1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net
To: Planning and Infrastructure Services
From: Planning and Infrastructure Services - Building
Date: Sep 16, 2025
Subject: Planning - Building Division Review Complete
File: A-2025-0038
A building permit application is required for the proposed construction
Regards,
--
Brendan Grigg
Deputy Chief Building Official/Supervisor of Building
Planning and Infrastructure Services - Building
BGrigg@Clarington.net
(905) 623-3379 e 2313
MEMO
The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6
1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net Page | 1
If this information is required in an alternate format, please contact the
Accessibility Coordinator at 905-623-3379 ext. 2131.
The applicant requires a Minor Variance to facilitate the construction of a single
detached dwelling by,
•Increasing the maximum building height from 8.5 metres to 9.3 metres.
•Increasing the maximum lot coverage from 35% to 38%.
•Reducing the front yard setback minimum from the established building line
at 10.64 metres to 4.42 metres.
•Reducing the exterior side yard setback minimum from the established
building line at 6.21 metres to 3.65 metres.
•Reducing the minimum setback of the garage door from the front wall of the
dwelling from 1 metres to 0 metres.
•Increasing the height of the floor deck of an unenclosed porch above
finished grade from 1 metre to 1.66 metres.
Development Engineering has reviewed the above-noted application and have no
objection to this proposal subject to the following comments:
General Comments
The proposed driveway must be at least 1 meter away from the existing fire hydrant.
Update the Site Plan to include the location of the fire hydrant.
Based on the current proposal, the driveway will be relocated to the opposite side
of the property. The applicant will be responsible for all costs associated with
constructing the new entrance and restoring the existing one in accordance with
Clarington Engineering Design Guidelines.
The applicant will be responsible for replacing any trees removed within the
municipal boulevard.
To: Ainsley Johnston, Planner I
From: Karen Richardson, Manager of Development Engineering
Date: September 15, 2025
Subject: Minor Variance Application A2025-0038
File: Applicant: Bobbi Ann Brooks
Address: 115 High Street, Bowmanville
A 2025-0038
The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6
1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net
Page | 2
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.
All stormwater runoff shall be directed to High Street and the existing ditch inlet
catchbasin on Third Street.
Entrance Permit
The applicant/owner must apply for an Entrance Permit to facilitate the
construction of an entrance from the subject property to High Street. The
applicant/owner will be responsible for any cost necessary in providing connecting
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 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 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”.
A 2025-0038
The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6
1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net
Page | 3
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 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
Every effort must be made to minimize the importing and exporting of material.
Should Site Alteration Works be necessary, as part of the development process, a
Soils Management Report is required and must be prepared by a Professional
Engineer and submitted to the Deputy CAO of Planning and Infrastructure
Services for approval. Review the Site Alteration By-law 2024-017 for more
information.
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.
A 2025-0038
The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6
1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net
Page | 4
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
If this information is required in an alternate format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6
1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net
To: Planning and Infrastructure Services
From: Emergency and Fire Services - Fire Prevention
Date: Sep 02, 2025
Subject: EFS Review Complete
File: A-2025-0038
This memo is to provide comments from the Clarington Emergency and Fire Services,
Fire Prevention Division regarding the above noted file. The review has been completed
and the below comments have been made regarding it:
No fire safety concerns.
Regards,
--
Jeff Norris
Fire Inspector
Emergency and Fire Services - Fire Prevention
JNorris@Clarington.net
(905) 623-3379 e 2809
From:Grant Young
To:Committee of Adjustment (SM)
Subject:2025-C-Misc45 (A2025-0038) - 115 High Street, Clarington - Regional Works Comments
Date:Tuesday, September 16, 2025 12:26:52 PM
Attachments:image.png
image.png
image.png
image.png
EXTERNAL
Hello,
Regional Works has reviewed the above noted minor variance application and supporting
documentation and provide the following comments:
Regional Works has no objection or conditions to be imposed upon the further processing of this
application.
Thankyou
Grant Young C.E.T. | Works Technician 2
Development Approvals
The Regional Municipality of Durham
grant.young@durham.ca | 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:Jacob Slevin
To:Committee of Adjustment (SM)
Cc:Roberta Honeyford
Subject:Regional Comments - Clarington COA, Sept 25, 2025
Date:Wednesday, September 3, 2025 2:39:07 PM
Attachments:image.png
image.png
image.png
image.png
image.png
You don't often get email from jacob.slevin@durham.ca. Learn why this is important
EXTERNAL
Good afternoon,
Durham Region's Development Advisory Services staff have reviewed the following
applications for Minor Variance:
A2025-0035 (75 Barchard St)
A2025-0037 (72 Potters Lane)
A2025-0038 (115 High St)
Based on a review of the above applications, there are no matters of Regional interest or
Regional concerns with any of the applications.
Best,
Jacob Slevin | Planner 1
Community Growth and Economic Development Department
The Regional Municipality of Durham
Jacob.Slevin@durham.ca | 905-668-4113 extension 2863| durham.ca
My pronouns are he/him.
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.
Planning and Infrastructure Services
Committee of Adjustment
Minor Variance
Summary of Comments Submitted
A2025-0039
3389 Townline Road North, Darlington
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
Central Lake Ontario Conservation Authority (CLOCA) No concerns
Durham Regional Health Department No concerns and see
attachment 2
Municipality of Clarington
Committee of Adjustment
A2025-0039 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: September 25, 2025
File Number: A2025-0039
Address: 3389 Townline Road North, Darlington
Report Subject: A minor variance to permit the construction of an accessory building by
increasing the total maximum floor area from 90 square metres to 145
square metres.
Recommendations:
1. That the Report for Minor Variance Application A2025-0039 be received;
2.That all written comments and verbal submissions are considered in the deliberation
of this application;
3.That application A2025-0039, for a Minor Variance to Section 4.1.3 of Zoning By-law
2005-109 to permit the construction of an accessory building by increasing the total
maximum floor area from 90 square metres to 145 square 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
A2025-0039 Page 3
1. Application Details
1.1 Owner:
1.2 Applicant:
Al Metcalf
Al Metcalf
1.3 Proposal: A minor variance to permit the construction of an accessory
building by increasing the total maximum floor area from 90
square metres to 145 square metres.
1.4 Area of Lot: 4046.86 square metres
1.5 Location: 3389 Townline Road North, Darlington
1.6 Zoning: Prime Agricultural Zone (A) in Zoning By-Law 2005-109
1.7 Clarington Official
Plan Designation: Prime Agriculture Areas
1.8 Heritage Status: None
1.9 Water Supply: Private Servicing
1.10 Sewage Disposal: Private Servicing
Municipality of Clarington
Committee of Adjustment
A2025-0039 Page 4
Figure 1: Property Location Map
Municipality of Clarington
Committee of Adjustment
A2025-0039 Page 5
2. Background
2.1 On August 8, 2025, Planning Staff received an application for Minor Variance from the
applicant and owner of 3389 Townline Road North, Darlington.
3.Land Characteristics and Surrounding Uses
3.1 The subject property is located north of Regional Road 3 and is on the east side of
Townline Road North (See Figure 1). The property has an approximate lot area of
4046.86 square metres, a frontage of approximately 50.63 metres and a depth of
approximately 80.08 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 and City of Oshawa
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 received an inquiry from a member of the public
requesting more information on the public process and to learn more about the
proposal.
4.3 At the time of writing this report, Staff have received no comments in opposition to the
proposed variance from internal departments or agencies.
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
Areas.
5.2 The Clarington Official Plan permits the residential use of the property in the Prime
Agricultural Areas including accessory buildings i.e., sheds, garages.
5.3 It is Staffs opinion that the residential use of the property and proposed accessory
building conforms with the Clarington Official Plan.
Municipality of Clarington
Committee of Adjustment
A2025-0039 Page 6
Maintain the general intent and purpose of Zoning By-law 2005-109
5.4 Within Zoning By-law 2005-109, the subject property is located within the Prime
Agricultural Zone (A). The Prime Agricultural Zone permits the residential use of the
property and its associated accessory uses (i.e., sheds, garages).
5.5 The intent of the Zoning By-law restricting the floor area of accessory buildings is to
ensure that the building remains accessory to the principal residential dwelling. This is
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.
5.6 The subject lot is approximately 4046.86 square metres, and is large relative to the 145
square metres of total floor space for the proposed and existing accessory buildings
(See Attachment 6). Zoning By-law 2005-109 permits 10% of the lot area to be
covered by accessory buildings which would allow approximately 404.69 square metres
on this lot. The proposed floor area increase is required in order to accommodate the
applicant’s personal items, including personal goods and vehicles.
5.7 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 the proposed increase in accessory building floor area will not overwhelm the
subject property or neighbouring properties.
5.8 Given the above considerations, the minor variance to increase the maximum permitted
total floor area for all accessory building meets the general intent and purpose of Zoning
By-law 2005-109.
Desirable for the appropriate development or use of the land, building or structure
5.9 The proposed accessory building will allow the owner to store personal goods and
automotives within a wholly enclosed structure, which will help the owner to maintain
good property standards. The proposed accessory building have sufficient setbacks
from neighbouring property lines and buildings, thus causing minimal impacts on the
surrounding land uses and neighbouring properties.
5.10 The proposed accessory building 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 situated, as accessory lot coverage for all accessory
buildings on the property would approximately be 3.5% of the lot.
5.11 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
5.12 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.
Municipality of Clarington
Committee of Adjustment
A2025-0039 Page 7
5.13 The proposal would not have a significant adverse impact on the surrounding properties
or the public realm as it is proposed to be located at the rear yard of the property and
approximately 190 metres from the nearest neighbouring dwelling. The proposed
location is preferable as it would minimize the impact of the structure’s size on adjacent
properties.
5.14 For the above stated reasons, it is staff’s opinion that the proposed increase of the
maximum permitted total floor area 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 permit the construction of an
accessory building by increasing the total maximum floor area from 90 square metres to
145 square 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.
Submitted by:
Akibul Hoque
Acting Secretary-Treasurer
Committee of Adjustment at the 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 ahoque@clarington.net.
Attachments:
Attachment 1: Development Engineering Division Comments
Attachment 2: Durham Health Department Comments
Attachment 3: Clarington Building Division Comments
Attachment 4: Central Lake Ontario Conservation Authority (CLOCA) Comments
Attachment 5: Clarington Emergency Services Comments
Attachment 6: Site Plan
Municipality of Clarington
Committee of Adjustment
A2025-0039 Page 8
Interested Parties:
The following interested parties will be notified of Committee's decision:
Al Metcalf
Paul Ferreira
MEMO
The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6
1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net Page | 1
If this information is required in an alternate format, please contact the
Accessibility Coordinator at 905-623-3379 ext. 2131.
Consent to facilitate the construction of an accessory building by:
•increasing the total accessory floor area from 90 square metres to 145
square metres.
Development Engineering has reviewed the above-noted application and has no
objections to the 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 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.
Development Deposit
The applicant will be responsible to provide a Development Deposit in the amount
of $3,000.00 per lot. The deposit may include but not be limited to the following
works within the municipal right-of-way:
•Boulevard restoration including sodding.
To: Akibul Hoque, Planner I
From: Karen Richardson, Manager of Development Engineering, Planning
and Infrastructure Services Department
Date: September 9, 2025
Subject: Minor Variance Application A2025-0039
File: Applicant: Al Metcalf
Address: 3389 Townline Road North, Darlington
A-2025-0039
The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6
1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net
Page | 2
•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 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
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 20024-017, as amended, and from the conservation authority for a
regulated area under their jurisdiction.
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.
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.
A-2025-0039
The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6
1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net
Page | 3
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
KR/J.A.
From:Lesley Kennedy
To:Committee of Adjustment (SM)
Subject:A2025-0039 - 3389 Townline Rd N, Clarington
Date:Wednesday, September 17, 2025 3:40:26 PM
Attachments:image002.png
image004.png
image005.png
EXTERNAL
Good afternoon
The above noted application was reviewed by this department and we have no objection to the
approval. Please note that this is not an approval for the construction of the accessory building. At the
building permit stage, the location of the private sewage system must be confirmed as we were unable
to locate a record for the private sewage system to confirm the minimum 5m clearance to the proposed
building will be met.
Please let me know if you have any questions.
Thank you
Lesley Kennedy, CPHI(C), I/CBO-SS | Senior Public Health Inspector
Health Protection Division
Health Department
Lesley.kennedy@durham.ca |905-985-4683 ext 4925 | durham.ca/health
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.
If this information is required in an alternate format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6
1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net
To: Planning and Infrastructure Services
From: Planning and Infrastructure Services - Building
Date: Sep 16, 2025
Subject: Planning - Building Division Review Complete
File: A-2025-0039
A permit application is required for the proposed accessory structure.
Regards,
--
Brendan Grigg
Deputy Chief Building Official/Supervisor of Building
Planning and Infrastructure Services - Building
BGrigg@Clarington.net
(905)623-3379 e 2313
From:Sarem Nejad
To:Committee of Adjustment (SM)
Cc:Hoque, Akibul; Kelloway, Elissa; Chris Jones
Subject:RE: Agency Circulation 3389 Townline Road N, Darlington (A2025-0039)
Date:Monday, September 8, 2025 3:42:41 PM
Attachments:image001.png
image002.jpg
~WRD0004.jpg
EXTERNAL
Good afternoon,
The subject property is located outside CLOCA’s current regulated area and is therefore not subject
to the requirements of Ontario Regulation 41/24.
While the property was previously within a regulated area, recent regulation updates have reduced
the regulated boundary from 120m to 30m from wetlands. As a result, the site now falls outside of
CLOCA’s regulatory authority.
CLOCA staff have no comments on the proposed development, and a permit from CLOCA would not
be required prior to the construction of a new garage.
Regards,
To go to our on-line mapping tool, click here
This communication (and any attachments) is directed in confidence to the addressee(s) listed above, and may not otherwise be
distributed, copied or used. The contents of this communication may also be subject to privilege, and all rights to that privilege are
expressly claimed and not waived. If you have received this communication in error, please notify us by reply e-mail or by telephone and
delete this communication (and any attachments) without making a copy.
Thank you.
La présente communication (et tout fichier rattaché) s'adresse uniquement au(x) destinataire(s) précité(s) et ne peut être autrement
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sans en conserver une copie.
Merci!
If this information is required in an alternate format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6
1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net
To: Planning and Infrastructure Services
From: Emergency and Fire Services - Fire Prevention
Date: Sep 02, 2025
Subject: EFS Review Complete
File: A-2025-0039
This memo is to provide comments from the Clarington Emergency and Fire Services,
Fire Prevention Division regarding the above noted file. The review has been completed
and the below comments have been made regarding it:
No fire safety concerns.
Regards,
--
Jeff Norris
Fire Inspector
Emergency and Fire Services - Fire Prevention
JNorris@Clarington.net
(905) 623-3379 e 2809
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Planning Services Department
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Planning and Infrastructure Services
Committee of Adjustment
Minor Variance
Summary of Comments Submitted
A2025-0040
63 Pinedale Crescent, Courtice
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
Durham Regional Works Department Comments outstanding
Enbridge Comments outstanding
Elexicon No concerns
Municipality of Clarington
Committee of Adjustment
A2025-0040 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: September 25, 2025
File Number: A2025-0040
Address: 63 Pinedale Crescent, Courtice
Report Subject: A minor variance to permit the construction of an Additional Dwelling Unit
(ADU) within an accessory building by decreasing the minimum interior
side yard setback and minimum rear yard setback from 1.8 metres to 1.2
metres.
Recommendations:
1. That the Report for Minor Variance Application A2025-0040 be received;
2. That all written comments and verbal submissions be considered in the deliberation
of this application;
3. That application A2025-0040, for a Minor Variance to Section 3.2.f.ii.b) of Zoning By-
law 84-63, as amended to permit the construction of an Additional Dwelling Unit
(ADU) within an accessory building by decreasing the minimum interior side yard
setback and minimum rear yard setback from 1.8 metres to 1.2 metres be
approved, as it maintains the general intent and purpose of the Clarington Official
Plan and 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
A2025-0040 Page 3
1. Application Details
1.1 Owner:
1.2 Applicant:
Michelle Berentschot
Michelle Berentschot
1.3 Proposal: A minor variance to permit the construction of an Additional
Dwelling Unit (ADU) within an accessory building by
decreasing the minimum interior side yard setback and
minimum rear yard setback from 1.8 metres to 1.2 metres.
1.4 Area of Lot: 672.00 square metres
1.5 Location: 63 Pinedale Crescent, Courtice
1.6 Zoning: Urban Residential Type One (R1) Zone
1.7 Clarington Official
Plan Designation:
Urban Residential
1.8 Heritage Status: None
1.9 Water Supply: Municipal Servicing
1.10 Sewage Disposal: Municipal Servicing
Municipality of Clarington
Committee of Adjustment
A2025-0040 Page 4
Figure 1: Property Location Map
Municipality of Clarington
Committee of Adjustment
A2025-0040 Page 5
2. Background
2.1 On August 15, 2025, Planning Staff received an application for Minor Variance from the
applicant and owner of 63 Pinedale Crescent, Courtice.
2.2 The proposal is to permit the construction of an Additional Dwelling Unit (ADU) within an
accessory building by decreasing the minimum interior side yard setback and minimum
rear yard setback. The applicant states that given the location of the existing inground
pool in the rear yard of the property, the proposed ADU within an accessory building
cannot be located in an area that will meet the current Zoning By-law provisions (See
Attachment 2).
2.3 Upon further review, an updated site plan was provided to Staff on September 10, 2025
with red line revisions to indicate easement dimensions on the property. (See
Attachment 3).
3. Land Characteristics and Surrounding Uses
3.1 The subject property is located east of Townline Road South and north of Glenabbey
Drive (See Figure 1). The property has an approximate lot area of 672 square metres, a
frontage of approximately 16 metres and a depth of approximately 42 metres.
3.2 The surrounding uses are as follows:
a. South – Single Deatched Dwellings
b. North- Single Deatched Dwellings
c. East – Single Deatched Dwellings
d. West – Single Deatched Dwellings and the City of Oshawa
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 received an inquiry from a member of the public to
learn more about the proposal.
4.3 At the time of writing this report, Staff have received no comments in opposition to the
proposed variance from internal departments or agencies. However, Durham Regional
Works Department and Enbridge comments were outstanding.
Municipality of Clarington
Committee of Adjustment
A2025-0040 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 Urban Residential.
The policies in the Clarington Official Plan permits the residential use of this property.
The proposed Additional Dwelling Unit will support the primary residential use of the
property by providing opportunities to provide a more compact built form within the
urban settlement boundaries of the Municipality.
5.2 It is staff’s opinion that the application conforms to the intent and purpose of the
Clarington Official Plan.
Maintain the general intent and purpose of Zoning By-law 84-63
5.3 Within Zoning By-law 84-63, the subject property is zoned Urban Residential Type One
(R1), which permits the single-detached dwelling and provides the potential for two
ADU’s, one in the principal residence and one in a detached accessory building or two
within the principal residence.
5.4 Zoning By-law 84-63, as amended requires a minimum interior and minimum rear yard
setback of 1.8 metres to address potential stormwater and privacy concerns with
neighbouring properties. Additionally, the purpose of the required rear yard and interior
side yard setbacks is to maintain adequate amenity space in the rear yard and to ensure
sufficient separation between a dwelling and the rear yard amenity space of neighboring
properties. However, reducing the interior side yard setback from 1.8m to 1.2m, is
consistent with the minimum permitted interior side yard setback found in Section
12.2.d.iii).b) for a single detached dwelling with an attached garage or carport, on lands
zoned “R1”. Development Engineering Division anticipates no concerns with reducing
the minimum permitted yard setbacks for the proposed ADU within an accessory
building structure.
5.5 For the above reasons, it is Staff’s opinion that the proposal maintains the intent
and purpose of the Zoning By-law.
Municipality of Clarington
Committee of Adjustment
A2025-0040 Page 7
Desirable for the appropriate development or use of the land, building or structure
5.6 The permitted use for the subject property is residential. The appropriate development
for the subject property is residential. The proposed ADU does not appear to have any
negative impacts on the neighbourhood and would improve the residential use of
property. It supports the Clarington’s Official Plan by providing housing opportunities
and gentle intensification of existing lots within an urban settlement area without causing
significant impacts on services and the character of the area.
5.7 The proposed reduction of the minimum interior side yard setback and minimum rear
yard setback for the ADU has no anticipated impact on site drainage or privacy.
5.8 For the above stated reasons, it is in staff’s opinion that the minor variance requested
for reduction in yard setbacks is desirable for the residential use of the land and
building.
Minor in Nature
5.9 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.
5.10 The subject minor variances for the interior side yard setback and rear yard setback
conform to the Clarington Official Plan and maintain the intent of the regulations for
residential uses in the Zoning By-law. The reduction in the minimum required interior
side yard setback and rear yard setback is not a significant deviation from the Zoning
By-law regulation and can be considered minor in nature.
5.11 For the above stated reasons, it is staff’s opinion that the proposed reduction in the
minimum interior and rear yard setback is minor in nature.
6. Conclusion
6.1 Given the above comments, staff recommend approval of the application for a minor
variance to Section 3.2.f.ii.b) of Zoning By-law 84-63, as amended to permit the
construction of an Additional Dwelling Unit (ADU) within an accessory building by
decreasing the minimum interior side yard setback and minimum rear yard setback from
1.8 metres to 1.2 metres; as it maintains the general intent and purpose of the
Clarington Official Plan and Zoning By-law 84-63, is desirable for the appropriate
development or use of the land and is minor in nature.
Municipality of Clarington
Committee of Adjustment
A2025-0040 Page 8
Submitted by:
Akibul Hoque
Acting Secretary-Treasurer
Committee of Adjustment at the 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 ahoque@clarington.net.
Attachments:
Attachment 1: Development Engineering Division Comments
Attachment 2: Site Image
Attachment 3: Site Plan
Attachment 4: Clarington Building Division Comments
Attachment 5: Clarington Emergency Services Comments
Attachment 6: Elexicon Engery Comments
Interested Parties:
The following interested parties will be notified of Committee's decision:
Michelle Berentschot
MEMO
The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6
1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net Page | 1
-If this information is required in an alternate format, please contact the
Accessibility Coordinator at 905-623-3379 ext. 2131.
The applicant requires a Minor Variance to permit the construction of an Additional
Dwelling Unit (ADU) within an accessory building by decreasing the minimum
interior side yard setback and minimum rear yard setback from 1.8 metres to 1.2
metres.
Development Engineering has reviewed the above-noted application. We have no
objection to this proposal subject to the following comments:
General Comments
The applicant must access the proposed ADU through the existing entrance on
Pinedale Crescent. Any new entrance for the proposed ADU is not permitted.
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.
To: Akibul Hoque, Planner I
From: Karen Richardson, Manager of Development Engineering
Date: September 15, 2025
Subject: Minor Variance Application A2025-0040
File: Applicant: Ken Costello on behalf of KRC Design Inc.
Address: 63 Pinedale Cres, Courtice
A2025-0040
The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6
1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net
Page | 2
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 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 $1,000.00 per lot.
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 grading
generally meets the approved Lot Grading Plan provided with the Building Permit.
The Development Deposit will be refunded when all works 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
Every effort must be made to minimize the importing and exporting of material.
Should Site Alteration Works be necessary, as part of the development process, a
Soils Management Report is required and must be prepared by a Professional
Engineer and submitted to the Deputy CAO of Planning and Infrastructure
Services for approval. Review the Site Alteration By-law 2024-017 for more
information.
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
A2025-0040
The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6
1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net
Page | 3
assurance measures for any fill to be imported, and any proposed stockpiling on
the subject lands.
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:
If this information is required in an alternate format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6
1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net
To: Planning and Infrastructure Services
From: Planning and Infrastructure Services - Building
Date: Sep 16, 2025
Subject: Planning - Building Division Review Complete
File: A-2025-0040
A building permit is required for the proposed additional dwelling unit
Regards,
--
Brendan Grigg
Deputy Chief Building Official/Supervisor of Building
Planning and Infrastructure Services - Building
BGrigg@Clarington.net
(905) 623-3379 e 2313
If this information is required in an alternate format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6
1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net
To: Planning and Infrastructure Services
From: Emergency and Fire Services - Fire Prevention
Date: Sep 04, 2025
Subject: EFS Review Complete
File: A-2025-0040
This memo is to provide comments from the Clarington Emergency and Fire Services,
Fire Prevention Division regarding the above noted file. The review has been completed
and the below comments have been made regarding it:
No fire safety concerns
Regards,
--
Jeff Norris
Fire Inspector
Emergency and Fire Services - Fire Prevention
JNorris@Clarington.net
(905) 623-3379 e 2809
From:Development Applications
To:Committee of Adjustment (SM); Kelloway, Elissa
Subject:RE: Agency Circulation 63 Pinedale Crescent, Courtice (A2025-0040)
Date:Monday, September 8, 2025 9:28:38 AM
Attachments:image002.png
image003.png
image001.png
EXTERNAL
Hi Elissa ,
Thank you for reaching out to Elexicon Energy regarding the proposed development at 63 Pinedale Cres Courtice . I would like to inform you that this proposed development is located
outside of Elexicon's service area, as indicated by the red boundary line shown below. However, we still need to hear from you regarding any future developments that may affect the loading
within our service area or even at the boundary of the same.
Your cooperation is essential to ensure we can continue to provide reliable and efficient service.
If you have any further questions or need additional assistance, please feel free to contact us.
Yours
Abdulrazak Shanshal (He / Him / His)
Distribution Engineer
Elexicon Energy
Elexicon Energy Logo
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