HomeMy WebLinkAbout2025-10-23Page | 1
Committee of Adjustment Meeting
Teams Video Meeting & Teleconference
Thursday, October 23, 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-2025-0019 to B-2025-0021
Owner/Agent: David Pearce
Staff: Shrija Vora
Address: 2528 Prestonvale Road, Courtice
5. 5 Minute Recess
6. Declaration of Interest
7. Minor Variance Applications to be heard:
File Number: A-2025-0034
Owner/Agent: Ken Costello
Staff: Akibul Hoque
Address: 2366 Highway 2, Bowmanville
Page | 2
File Number: A-2025-0041
Owner/Agent: Edwin Tesser
Staff: Nicklaus Gibson
Address: 608 Mill Street, Newcastle
File Number: A-2025-0042
Owner/Agent: Kalaicheivan Kanagartanam
Staff: Nicklaus Gibson
Address: 121 East Shore Drive, Bowmanville
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-2025-0019 to B-2025-0021
2528 Prestonvale Road, Courtice
Municipal Departments / External Agencies Comment
Clarington Development Review Division No concerns
Clarington Building Division Comments Outstanding
Clarington Development Engineering Division No concerns
Clarington Emergency & Fire Services Department No concerns
Region of Durham Community Growth and Economic
Development
Comments Outstanding
Region of Durham Works Department Comments as attached, see
attachment
Canada Post No Concerns
Enbridge No concerns
Rogers Communication No concerns
Municipality of Clarington
Committee of Adjustment Page 2
B-2025-0019 to B-2025-0021
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Date of Meeting: October 23, 2025
File Numbers: B-2025-0019 to B-2025-0021
Address: 2528 Prestonvale Road, Courtice
Report Subject: B-2025-0019 to B-2025-0021; Seeking consent to facilitate the creation of
three new residential lot.
Recommendations:
1. That the Report for Consent file B-2025-0019 to B-2025-0021 be received.
2. That all written comments and verbal submissions are considered in the deliberation
of this application.
3. That application B-2025-0019 to B-2025-0021 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-2025-0019 to B-2025-0021
1.1 Owner:
1.2 Applicant:
Attilio Belmonte and Olivia Siciliano
DPRealty Advisors c/o. David Pearce
1.3 Proposal: B-2025-0019 to B-2025-0021; Seeking consent to facilitate
creation of three new residential lots. As proposed, the
severed and retained (Part 1 to Part 3 and Part 4 on draft
reference plan) lots will have an average of 15.33 metres
of lot frontage, an average depth of 35.73 metres and an
average lot area of approximately 624 square metres. The
existing dwelling is proposed to stay on the retained
parcel.
1.4 Area of Existing Lot 2,877 square metres (0.28 ha)
1.5 Area of Severed: 1,874 square metres (0.18 ha)
1.6 Area of Retained: 1,003 square metres (0.10 ha)
1.7 Zoning: ‘Holding Urban Residential Type One ((HR1)) Zone’ and
‘Urban Residential Type One (R1)’ within Zoning By-law
84-63.
1.8 Clarington Official Plan
Designation: Urban Residential Area
1.9 Heritage Status: None
1.10 Water/Sanitary Supply: Municipal water and sewer
Municipality of Clarington
Committee of Adjustment Page 4
B-2025-0019 to B-2025-0021
Figure 1 – Lands subject to consent application
Municipality of Clarington
Committee of Adjustment Page 5
B-2025-0019 to B-2025-0021
2. Background
2.1 A consent application was received on September 18, 2025, from David Pearce
to sever lands municipally known as 2528 Prestonvale Road, Courtice. The
purpose of the application is to create three new residential lots and one retained
lot in a manner shown within the draft reference plan attached below in Figure 2.
Figure 2 - Draft 40R reference plan
2.2 The proposed severed three lots will have an average of 15.33 metres of lot
frontage, an average depth of 35.73 metres and an average lot area of
approximately 624 Square metres.
2.3 The proposed retained parcel has an residential dwelling which is proposed to
remain on the retained lot. The existing accessory structure to the west of the
residential dwelling shall be demolished as a condition of approval for the
proposed severance.
Municipality of Clarington
Committee of Adjustment Page 6
B-2025-0019 to B-2025-0021
3. Land Characteristics and Surrounding Uses
3.1 The subject lands municipally known as 2528 Prestonvale Road are comprised
of Part 1 to Part 4 on the draft reference plan. The subject property is located on
the east side of Prestonvale Road with access over Whittaker Avenue and Decoe
Court. The subject lands form an irregular shaped lot with an area of 2877
square metres (0.28 ha) with depth of approximately 66.74 metres and frontage
along Prestonvale Road, Whittaker Avenue and Decoe Court of approximately
30.99 metres, 33.21 metres and 45.69 metres respectively.
3.2 Surrounding land uses are residential in all directions 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.
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 Staffs opinion that the proposed application is
consistent with the criteria (a) – (m) of Section 51(24) under the act.
Provincial Planning Statement, 2024
5.2 Section 2.2 Housing: Planning authorities shall provide for an appropriate range
and mix of housing options and densities to meet projected needs of current and
future residents of the regional market area by: permitting and facilitating all
types of residential intensification, introduction of new housing options within
previously developed areas, and redevelopment, which results in a net increase
in residential units in accordance with policy 2.3.1.3.
5.3 Section 2.3 Settlement Areas: Settlement areas shall be the focus of growth
and development. Land use patterns within settlement areas shall be based on
densities and a mix of land uses. Land use patterns within settlement areas shall
also be based on a range of uses and opportunities for intensification and
therefore this application is consistent with the criteria within the PPS.
Municipality of Clarington
Committee of Adjustment Page 7
B-2025-0019 to B-2025-0021
5.4 The subject application will facilitate the intensification of a previously developed
area and assist in meeting current and projected housing needs. It is the opinion
of Staff that the proposed application is consistent with the and Provincial
Planning Statement (2024).
6. Durham Region Official Plan
6.1 The subject property is designated as “Community Area” within the Durham
Region Official Plan (Envision Durham). The proposed severance 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 entirely designated Urban Residential Area within the
Clarington Official Plan. The predominant use of lands designated Urban
Residential shall be for housing purposes.
7.2 Within the Clarington Official Plan, Clarington’s Urban Structure map (Map B)
consists of Priority Intensification Areas including ‘Built-up Areas’, ‘Greenfield
Areas’, and corridors. Development shall be focused within the delineated ‘Built-
up Areas’ and ‘Priority Intensification Areas’. The ‘Priority Intensification Areas’
have been identified as the primary locations to accommodate growth, and the
greatest mix of uses, heights and densities. The subject lands are located within
the built-up area of Courtice and are situated along Prestonvale Road which is
designated as a Type C Arterial Roads as shown on Map B and Map J2 within
the Clarington Official Plan.
7.3 As per Section 9.4.6 in the Clarington Official Plan, the Municipality recognizes
that established neighbourhoods are stable but not static The Municipality
encourages limited intensification in accordance with the criteria in Section 5.4.1
to ensure intensification projects are compatible with the adjacent and existing
neighbourhood. Section 5.4.1 requires that redevelopment in established
neighbourhoods shall be designed to respect and reinforce the physical
character of the established neighbourhood having regard to the pattern of lots,
streets, blocks and the size and configuration of lots. Planning staff are satisfied
that the creation of 3 new residential lots at 2528 Prestonvale Road is consistent
with the lot fabric of the existing neighbourhood.
Municipality of Clarington
Committee of Adjustment Page 8
B-2025-0019 to B-2025-0021
Official Plan Policy 23.7 Addressed
a) Scattered residential development
throughout the Municipality shall be
prohibited
The severed and retained parcels are
within the urban boundary of Courtice and
do 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 are satisfied that this
application for consent does not result in
ribbon development and access from
Decoe street for the severed lots is
subject to the approval of the Clarington
Works Department.
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 Durham Region Works department
has confirmed that the applicant will be
required to pay to the Region the costs of
the water and sanitary connection and
frontage charges.
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 Municipal right of way
that is opened and maintained year-
round. The subject consent does not
result in the creation of a landlocked
parcel of land, nor does it jeopardize
future access to the retained lands.
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
The proposed creation of a new
residential lots is appropriate in size (lot
area). The creation of a new lots is in
keeping with the character of the
surrounding neighbourhood and conforms
to the development policies within the
Official Plan and Zoning by-law subject to
approval of a minor variance to reduce
the lot area.
Municipality of Clarington
Committee of Adjustment Page 9
B-2025-0019 to B-2025-0021
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
Planning Staff can confirm that the
proposed severance will not generate any
traffic hazard as the proposed access is
not onto any arterial road.
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 create a new lot is
subject to the fulfillment of Municipal
conditions – (See page 10 to 12 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
This application will result in the creation
of three (3) new lots and Staff is satisfied
that this consent application would not
require a plan of subdivision.
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 – the subject lands are
entirely designated Urban Residential
within the Clarington Official Plan.
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
Not applicable.
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.
Municipality of Clarington
Committee of Adjustment Page 10
B-2025-0019 to B-2025-0021
7.4 For the purposes of this review, it is Staffs that the consent application conforms
to the Clarington Official Plan policies including the severance policies under
Section 23.7 a) – k).
8. Zoning By-Law 84-63
8.1 The subject property is zoned Holding Urban Residential Type One (H(R1)) and
Urban Residential Type One (R1) within Zoning By-law 84-63. Permitted uses in
the (R1) zone include a range of residential uses. A single detached dwelling
within the (R1) zone requires a minimum lot frontage of 16 metres for an exterior
lot. The one severed parcel (Part 1 as shown on draft reference plan) will require
a minor variance application to be approved for the reduced lot frontage.
8.2 It is staff’s opinion that the proposed lots conform to the use permitted within
zoning by-law 84-63. The Minor Variance application will be a requirement as a
condition of the severance application to seek approval for a reduction in the
minimum required lot frontage as per Section 12.2.c) i).
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. That the applicant satisfies all the requirements of the Municipality of Clarington’s
Development Engineering Division, financial and otherwise as detailed in the
Development Engineering letter dated October 10, 2025.
2. That the applicant satisfies all the requirements of the Regional Works
Department, financial and otherwise as detailed in the Regional Works letter
dated October 20, 2025. This is to be confirmed by obtaining a clearance letter
from the Region’s Works Department and submitted to the Municipality.
3. That the applicant satisfies all the requirements of the Regional Community
Growth and Economic Development Department, financial and otherwise. This is
to be confirmed by obtaining a clearance letter from the Regional Community
Growth and Economic Development Department and submitted to the
Municipality.
Municipality of Clarington
Committee of Adjustment Page 11
B-2025-0019 to B-2025-0021
4. The owner, applicant or agent must submit a draft Reference Plan which will be
reviewed by the Planning and Infrastructure Department to ensure compliance
with all applicable zoning provisions and to be approved by the Municipal Staff
prior to registration. Registration of the draft Reference Plan shall be completed
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.
5. The owner, applicant or agent must enter into a consent agreement with the
Municipality of Clarington.
6. All taxes shall be paid in full to the Municipality of Clarington prior to the issuance
of a clearance letter.
7. Once all other conditions have been satisfied, the applicant shall engage their
solicitor to provide the Municipality with:
a. The original executed transfer/deed a duplicate original and one (1)
photocopy;
b. One copy of the registered reference plan;
c. An accompanying letter with a request that the severing transfer/deed be
stamped.
Section 2: Planning Requirements
1. A Removal of Holding (H) application is required for the zone preceded by the
(H) Holding symbol prior to forwarding a clearance letter to the Region for the
land severance application
2. The applicant must demolish the existing accessory structure on the existing
parcel existing accessory structure to the west of the residential dwelling; a
demolition permit is required prior to forwarding a clearance letter to the Region
for the land severance application.
3. The applicant shall pay the Municipality an amount in lieu of conveying land for
park or other public recreational purposes under Section 53 (12.1) and (13) of the
Planning Act, R.S.O,c.P.13. This payment is equivalent to 5% of the value of the
severed parcel. To determine the value of the land, the applicant shall retain a
certified Land Appraiser to prepare a land appraisal to the satisfaction of the
Deputy CAO of Planning and Infrastructure Services.
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-2025-0019 to B-2025-0021
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:
Owner: Attilio Belmonte and Olivia Siciliano
Applicant: David Pearce
Attachments:
Attachment 1: Clarington Development Engineering Division
Attachment 2: Clarington Emergency & Fire Services Department
Attachment 3: Region of Durham Works Department
Attachment 4: Canada Post
Attachment 5: Enbridge
Attachment 6: Rogers Communication
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 creation of three new residential lots. As proposed, the severed and
retained (Part 1 to Part 3 and Part 4 on draft reference plan) lots will have an average of
15.33 metres of lot frontage, an average depth of 35.73 metres and an average lot ar ea
of approximately 624 Square metres. The existing dwelling is proposed to stay on the
retained parcel.
We have reviewed the above-noted application and have no objection to this proposal
subject to the following comments:
Development Agreement
The applicant/owner must enter into a consent agreement with the Municipality which
includes all requirements of the Planning and Infrastructure Services Department
regarding the engineering and construction of all internal and external works and
services related to this proposal. These requirements include the following:
General Comments
Please confirm that the existing Barn between the severed lots and the retained lot will
be removed under proposed conditions.
Decoe Court has been pre-serviced for the proposed future lots. The applicant must
ensure stormwater runoff does not exceed allotment for system.
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:
To: Shrija Vora, Planner II
From: Karen Richardson, Manager of Development Engineering
Date: October 10, 2025
Subject: Land Division Application
Applicant: David Pearce
Address: 2528 Prestonvale Road, Courtice
File: B2024-0019/0020/0021
B2025-0019 / B2025-0020 / B2025-0021
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
Grading and Servicing Plan
The applicant/owner must provide this department with a detailed Lot Grading and
Servicing Plan that conforms to the Municipality of Clarington Design Guidelines and is
satisfactory to the Deputy CAO of Planning and Infrastructure Services.
The Grading Plan must demonstrate that there is no impact on any adjacent properties
as a result of this development.
The applicant must show all on-site services, including sanitary, water, storm sewers,
and utilities (hydro, gas, cable).
Entrance Permit
The applicant/owner must apply for an Entrance Permit to facilitate the construction of
an entrances from the subject property to the municipal road. The applicant/owner will
be responsible for any cost necessary in providing a connecting access which may
include utility relocation, entrance paving, curb cuts, restoration etc.
More information on Entrance Permits can be found online at Clarington.net or through
By-law 2015-040.
Road Excavation
Excavation of municipal roads is not permitted between December 1st and April 30th.
An appropriate clause must be included in the consent agreement.
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”.
B2025-0019 / B2025-0020 / B2025-0021
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 may include but may 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.
Parks Division
The applicant will be required to provide an appropriate cash contribution in lieu of the
normal parkland dedication. (Confirm with the Planner)
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.
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
B2025-0019 / B2025-0020 / B2025-0021
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
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,
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: Oct 03, 2025
Subject: EFS Review Complete
File: B-2025-0019
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 call 1-800-372-1102 extension 2009.
The Regional
Municipality
of Durham
Works
Department
605 Rossland
Rd. E.
Level 5
PO Box 623
Whitby, ON L1N
6A3
Canada
905-668-7711
1-800-372-1102
works@durham.
ca
www.durham.ca
Sent Via email
October 20, 2025
Community Growth and Economic Development
Regional Municipality of Durham
605 Rossland Road East, 4th Floor
P.O. Box 623 Whitby, ON L1N 6A3
RE: File Number LD 083/2025 (B-2025-0019-0021)
2300903 Ontario Inc.
Agent: David Pearce
2528 Prestonvale Road
Municipality of Clarington
Dear Mr. Trombino,
Please be advised that our department has no objections to the granting
of approval for the above noted severance application.
The application is for the consent to sever three (3) vacant parcels of
urban residential land and retain one (1) urban residential parcel with
an existing dwelling to remain.
According to our water billing records, 2528 Prestonvale Road is
connected to the Regional water and sanitary sewer networks. Three
sets of existing water and sanitary service connections are available
pre-stubbed at the property line of the severed lots fronting DeCoe
Court.
As a condition of approval for this application, the applicant will be
required to pay to the Region the costs of the water and sanitary
connection and frontage charges.
In order to ensure the foregoing, our department requires our
following standard condition to be imposed:
“That the applicant satisfies all the requirements of the Regional
Municipality of Durham concerning the provision of Regional
services, financial and otherwise.”
In order to satisfy the Regional Works Department conditions, the
applicant will be required to fulfill the following:
2528 Prestonvale Road
Municipality of Clarington
Page 2 of 2
1. Payment for three 19 mm water service connections at
$3,885 per connection (flat rate):
$3,885.00
2. Payment for three 100 mm sanitary service connection at
$4,035.00 per connection (flat rate):
$4,035.00
3. Payment for Watermain frontage charges at $497.49 per
metre ($497.49 x 50.66m)
$25,202.84
4. Payment for Sanitary Sewer frontage charges at $532 per
metre ($547.96 x 50.66m)
$27,759.65
The total amount owing at the current rate is $76,722.50. Payment shall be made by
cheque or credit card.
The above fees are subject to revision on January 1, 2026.
Regional connection permits can be issued to the applicant once the above payment is
remitted to our department.
The Region of Durham will not permit the connection of weeping tiles to the sanitary
sewer system for the severed lands in accordance with the Region’s Foundation Drain
Policy.
The severed land will be subject to Regional Development Charges at the time of building
permit issuance.
In the event you have any questions, please contact the undersigned.
Sincerely,
Grant Young
Development Approvals Technician
grant.young@durham.ca
905-668-7711 x 2479
From:WILSON, Chris
To:Committee of Adjustment (SM)
Subject:RE: B-2025-0019 to B-2025-0021 Agency Circulation
Date:Wednesday, October 15, 2025 3:25:00 PM
Attachments:image001.png
EXTERNAL
Hi,
No comments to provide for mail delivery.
Thank you,
Chris Wilson
Officer, Delivery Services, Delivery Planning | Canada Post | GTA Region | chris.wilson@canadapost.ca |
416-262-7408
From:Municipal Planning
To:Committee of Adjustment (SM)
Subject:RE: B-2025-0019 to B-2025-0021 Agency Circulation
Date:Thursday, October 9, 2025 11:14:59 AM
Attachments:image001.png
EXTERNAL
Thank you for your circulation.
Enbridge Gas does not object to the proposed application(s) however, we reserve the right to
amend or remove development conditions. This response does not signify an approval for the
site/development.
It is the responsibility of the applicant to verify the existing gas servicing does not encroach on
more than one property when subdividing or severing an existing land parcel. Any service
relocation required due to a severance would be at the cost of the property owner. For any
encroachments, please contact ONTLands@enbridge.com.
Please continue to forward all municipal circulations and clearance letter requests
electronically to MunicipalPlanning@Enbridge.com.
Regards,
Willie Cornelio CET (he/him)
Sr Analyst, Municipal Planning
Engineering
—
ENBRIDGE
TEL: 416-495-6411
500 Consumers Rd, North York, ON M2J1P8
enbridge.com
Safety. Integrity. Respect. Inclusion.
October 14, 2025
Planning and Development Services
Municipality of Clarington
40 Temperance Street,
Bowmanville ON L1C 3A6
Attention: Jacob Circo
RE: Zoning By-law Amendment Application
2300903 Ontario Inc
2528 Prestonvale Rd
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
Planning and Infrastructure Services
Committee of Adjustment
Minor Variance
Summary of Comments Submitted
A2025-0034
2366 Highway 2, Bowmanville
Municipal Departments / External Agencies Comment
Clarington Building Division No concerns subject to a
building permit for this proposal
Clarington Development Engineering Division No concerns
Clarington Community Planning Division No concerns
Clarington Fire and Emergency Services Department No concerns
Durham Regional Works Department No concerns
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: October 23, 2025
File Number: A2025-0034
Address: 2366 Highway 2, Bowmanville
Report Subject: A minor variance application to increase the maximum number of
individual business establishments with a total floor area between 100
square metres to 300 square metres from twelve units to fourteen units on
the subject property and 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 increase the maximum number of individual business
establishments with a total floor area between 100 square metres to 300 square
metres from twelve units to fourteen units on the subject property and 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
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; and
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 increase the maximum number
of individual business establishments with a total floor area
between 100 square metres to 300 square metres from twelve
units to fourteen units on the subject property and 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 and Large
Format Commercial Exception (C8-3) Zone
1.6 Clarington Official
Plan Designation
1.7 Secondary Plan
Designation:
Urban Centre
Street Related Commercial Area within Bowmanville West Town
Centre Secondary Plan
1.8 Heritage Status: None
1.9 Water Supply: Municipal Servicing
1.10 Sewage Disposal: Municipal Servicing
Municipality of Clarington
Committee of Adjustment
A2025-0034 Page 4
Figure 1: Subject Property
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 determined a minor variance is
required given the nature of the proposed businesses (One Vape and One Plant
Cannabis) and the existing interior unit configurations within Building C (See
Attachment 1).
2.3 Previous minor variances were approved in the year 2009 (A2009-0037) and 2017
(A2017-0028), which granted the permission for 12 total commercial units within the
commercial plaza each ranging between 100 and 300 square metres.
2.4 On July 15, 2025, Planning Staff received an application for a 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 (See Attachment 2).
2.5 The application was initially tabled on September 25, 2025, for a period of up to 30 days
to gather additional information and to have further discussions with the applicant and
the property owner.
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 (See Figure 1).
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.
Municipality of Clarington
Committee of Adjustment
A2025-0034 Page 6
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.
5. Discussion
Maintain the general intent and purpose of the Clarington Official Plan
5.1 The subject property is designated “Urban Centre” in the Clarington Official Plan. The
subject property is further designated “Street Related Commercial Area” within the
Bowmanville West Town Centre Secondary Plan.
5.2 The goals of the Secondary Plan is to develop the Bowmanville West Town Centre as a
focal point of activity, interest and identity for the residents of Clarington. The area is
envisioned to include a variety of commercial, institutional and residential uses. Durham
Highway 2 is the main street that runs through the centre of the Bowmanville West
Town Centre. Lands designated as “Street-Related Commercial Area” within the plan
are intended to support smaller-scale, pedestrian-friendly retail and personal service
businesses, particularly those that contribute to a vibrant streetscape, such as cafes,
restaurants, and boutique shops. Both the Clarington Official Plan and Bowmanville
West Town Centre Secondary Plan policies do not limit the number of units permitted
on the Street-Related Commercial designation.
5.3 It is staff’s opinion that the proposed commercial use conforms with the policies of both
the Clarington Official Plan and Secondary Plan. Staff are satisfied that the minor
variance maintains the general intent and purpose of the Clarington Official Plan.
Maintain the general intent and purpose of Zoning By-law 84-63
5.4 Within the Comprehensive Zoning By-law 84-63, as amended, Building C located at
2366 Highway 2 is zoned “Street-Related Commercial Exception (C9-3)”. The proposed
commercial use is permitted within the “C9-3” Zone. The intent of the zone provision
was to limit small business establishments to mitigate the impact on the historic
downtowns and the Bowmanville East Urban Centre as part of the Commercial Policy
Review endorsed by Council on March 1st, 2006. However, it was not the intention of
the zone provisions to prohibit small businesses outside the downtown area. Instead,
the goal was to gradually introduce small scale retail and service establishments over
time.
Municipality of Clarington
Committee of Adjustment
A2025-0034 Page 7
5.5 Within the “Street-Related Commercial Exception (C9-3) Zone”, the applicant is
permitted to construct up to 3,800 square metres of total floor area. Attachment 3
provides a summary of the total floor areas and number of business establishments
within the Commercial Plaza. At this time, there are a total of thirteen established
commercial units within the Plaza, each ranging between 100 square metres to 300
square metres. An increase in the number of permitted units from twelve units to
fourteen units would account for the total number of units (that being 13 existing units,
each ranging between 100 square metres to 300 square metres and the proposed new
commercial unit within Building C Unit C-2, which is under 100 square metres, totaling
14 units). This would increase the opportunities for a variety of smaller scale,
pedestrian-oriented commercial units to be located within the Commercial Plaza.
5.6 Further, given the unit configurations of Building C, shaped by interior alterations carried
out over the past six years have impacted Unit C-2. The zoning deficiency stems from
Unit C-2 having a floor area under 190 square metres and its proposed separation into
two separate business establishments. While one of the proposed businesses (One
Plant Cannabis) maintains the minimum 100 square metres floor area requirement, the
second proposed business (One Vape) does not, resulting in the need for a variance
(See Attachment 2). Moreover, the applicant has indicated that a smaller commercial
unit (under 100 square metres) is suitable for a typical vape store, as larger unit
footprints are not required for their operation needs.
5.7 It is Staff’s opinion that the applicant’s request 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 Approval of this variance will increase the number of permitted units from twelve units to
fourteen units (that being 13 existing units, each ranging between 100 square metres to
300 square metres and the proposed new commercial unit within Building C Unit C-2,
which is under 100 square metres, totaling 14 units) within the Commercial Plaza.
5.9 For this proposal, there will be no new building additions required and the total floor
areas proposed remains unchanged within the maximum total floor area permitted by
the Zoning By-law which is 3800 square metres. This proposal will not impact the
surrounding uses, setbacks, parking provisions on site or traffic flow. All these
requirements remain in effect to ensure a built form that complements the urban design
and landscape design objectives for the Bowmanville West Town Centre Secondary
Plan.
5.10 For the above stated reasons, Staff find the variance requests to be appropriate for the
development of the property and not detrimental to other commercial uses in the
Bowmanville West Town Centre. Additionally, the proposal supports enhanced
commercial opportunities for local residents.
Municipality of Clarington
Committee of Adjustment
A2025-0034 Page 8
Minor in Nature
5.11 In considering whether the relief sought is minor, Staff note that this test is not simply a
question of numbers. The principal consideration is that of the potential impact the
variance may have and whether that impact is minor or acceptable.
5.12 Despite the increase in the number of smaller units, there are no change of use or
impact to the provision of parking on site or on surrounding land uses. Moreover,
reducing the minimum commercial floor area from 100 square metres to 80 square
metres is specific to the interior configuration of the Unit C-2, and will support the
establishment of a new business within Building C.
5.13 It is Staff’s opinion that the variances requested are minor in nature as it does not have
a negative impact on the neighbourhood or land.
6. Conclusion
6.1 Given the above comments, staff recommend approval of the application for a minor
variance to Section 22B.4.3.a.iv) of Zoning By-law 84-63 to increase the maximum
number of individual business establishments with a total floor area between 100
square metres to 300 square metres from twelve units to fourteen units on the subject
property and 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; 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.
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: Building C
Attachment 2: Building C (Unit C-2)
Attachment 3: Site Outline
Municipality of Clarington
Committee of Adjustment
A2025-0034 Page 9
Interested Parties:
The following interested parties will be notified of Committee's decision:
Mark Deans
Ken Costello
Beth Kelly
Attachment 1
Attachment 2
Hwy 2
Stevens Rd.Green Rd.Clarington Blvd.B1
G2
G1
C1 C2 C3 C4 C5
5
E3
E2
E1 H1
H2
H3 1
Shadow Anchor
1.Scotiabank (5,955 sf)
5.Boston Pizza (6,300 sf)
B1. Dollarama (9,853 sf)
C1. St. Louis Bar & Grill (2,915 sf)
C2. Enniskillen General Store
& Ice Cream (2,031 sf)
C3. Bliss Nails & Beauty Bar (1,076 sf)
C4. Booster Juice (1,200 sf)
C5. Orange Theory (3,000 sf)
E1. Makimono (2,507 sf)
E2. West Bowmanville Family Dental
Mark Bishara (1,350 sf)
E3. Superior Edge (1,104 sf)
E4. Available (1,313 sf)
G1. Firehouse Subs (2,250 SF)
G2. Bar Burrito (1,150 sf)
H1. Telus (1,438 sf)
H2. M&M Meat Shop (1,477 sf)
H3. Sleep Country (5,466 sf)
WEST BOWMANVILLE SHOPPING CENTRE
Potential Residential
Development
E4
Planning and Infrastructure Services
Committee of Adjustment
Minor Variance
Summary of Comments Submitted
A2025-0041
608 Mill Street South, Clarke
Municipal Departments / External Agencies Comment
Clarington Building Division See Attachment 1
Clarington Development Engineering Division See Attachment 2
Clarington Fire and Emergency Services Department No concerns
Durham Region Community Growth and Economic
Development
No concerns
Ganaraska Region Conservation Authority (GRCA) See Attachment 3
Municipality of Clarington
Committee of Adjustment
A2025-0041 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: October 23, 2025
File Number: A2025-0041
Address: 608 Mill Street South
Report Subject: A minor variance application to facilitate the construction of a detached
garage by increasing the maximum accessory floor area from 90 square
metres to 106 square metres.
Recommendations:
1. That the Report for Minor Variance Application A2025-0041 be received.
1.1. That all written comments and verbal submissions are considered in the deliberation
of this application.
1.2. That application A2025-0041 for a Minor Variance to Section 3.1c) by increasing the
maximum permitted accessory floor area from 90 square metres to 106 square
metres be approved as it maintains the general intent and purpose of the Clarington
Official Plan and the 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
A2025-0041 Page 3
1. Application Details
1.1 Owner: Edwin Tesser
1.2 Applicant: Edwin Tesser
1.3 Proposal: A minor variance application to facilitate the construction of a
detached garage by increasing the maximum accessory floor
area from 90 square metres to 106 square metres.
1.4 Area of Lot: 2.4 acres (0.97 hectares)
1.5 Location: 608 Mill Street South, Clarke
1.6 Zoning: Rural Cluster Exception (RC-1), Agricultural Exception (A-1),
Environmental Protection (EP) within Zoning By-law 84-63
1.7 Clarington Official
Plan Designation:
Waterfront Greenway, Environmental Protection
1.8 Secondary Plan
Designation: N/A
1.9 Heritage Status: N/A
1.10 Water, Sewage and
Storm Servicing: Municipal
Municipality of Clarington
Committee of Adjustment
A2025-0041 Page 4
Figure 1: Property Location Map
Municipality of Clarington
Committee of Adjustment
A2025-0041 Page 5
2. Background
2.1 On September 4, 2025, Planning Staff received an application for minor variance from
the owner of 608 Mill Street South. The minor variance application is to facilitate the
construction of a detached garage by increasing the total accessory floor area from 90
square metres to 106 square metres.
3. Land Characteristics and Surrounding Uses
3.1 The subject property is located at 608 Mill Street South in Clarke (See Figure 1). The
property’s lot area is approximately 2.4 acres (0.97 hectares) in size, with an
approximate depth of 330 metres and approximately 30 metres of frontage on Mill
Street South.
3.2 The surrounding uses are as follows:
a. South – Existing single detached dwellings
b. North – Existing single detached dwellings
c. East – Existing single detached dwellings
d. West – Floodplain regulated by GRCA
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, no comments were received for this application from
members of the public.
5. Discussion
Maintain the general intent and purpose of the Clarington Official Plan
5.1 The subject property is designated as Waterfront Greenway and Environmental
Protection within Clarington’s Official Plan.
5.2 The predominant use of lands within the Waterfront Greenway designation shall be low
intensity recreational uses, compatible tourism uses, conservation, and agriculture.
Municipality of Clarington
Committee of Adjustment
A2025-0041 Page 6
5.3 The proposed detached garage is an accessory structure associated with an existing
principal residential use and does not constitute an intensification or change of land use
within the Waterfront Greenway designation. Although Section 14.8.2 of Clarington’s
Official Plan emphasizes low intensity recreational, conservation, tourism, and
agricultural uses, the proposed structure has been designed to minimize environmental
impact and avoid significant alteration to existing terrain or vegetation. Additionally, the
development is limited in scale and does not require any servicing. As such, it remains
consistent with the intent of the policy to limit structural development, and it aligns with
the policies in the Clarington Official Plan.
5.4 It is staff’s opinion that the proposal conforms to the intent and purpose of the Clarington
Official Plan.
Maintain the general intent and purpose of the Zoning By-law
5.5 The subject property is zoned as “Rural Cluster Exception (RC-1)”, “Agricultural
Exception (A-1)” and “Environmental Protection (EP)” within Zoning By-Law 84-63. The
proposed detached garage will be located in the
5.6 The requested variance proposes to increase the maximum floor area from 90 square
metres to 106 square metres for the detached garage (approx. 1144 square feet). The
intent and purpose of the maximum accessory floor area is to ensure that accessory
structures remain accessory to the primary use on the property. For comparison, the
floor area of the existing dwelling is approximately 116 square metres (approx. 1248
square feet). The proposed detached garage will have a smaller ground floor area and
will therefore still remain accessory to the primary dwelling on the property.
5.7 For the above stated reasons, it is Staff’s opinion that the application is in conformity
with the 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 location of where the proposed detached garage will be in the agricultural zone on
the property, which permits a single detached dwelling and allows for accessory
structures such as a detached garage. Since the garage is secondary to the primary
residential use, it aligns with the zoning regulations and land use permissions.
5.9 In agricultural zones, it’s common and often necessary to have additional storage in
structures like detached garages. These structures support the practical needs of rural
living, such as storing equipment, tools, and vehicles. Furthermore, the location of the
detached garage is outside of Ganaraska Region’s Conservation Authority, and a permit
is not required for the detached garage (see attachment 3).
5.10 In Staff’s opinion, that the proposal for the construction of the detached garage is
desirable for the development and use of land, building and structures.
Municipality of Clarington
Committee of Adjustment
A2025-0041 Page 7
Minor in Nature
5.11 As the property is over 2 acres and has significant screening offered by the existing
mature trees, there are no anticipated negative impacts to the surrounding land uses.
The design and size of the detached garage is accessory to the principal dwelling in
terms of scale and primary residential use of the subject property.
5.12 It is Staff’s opinion that the proposal is minor in nature as it does not change the use of
the land, and it is a moderate increase to current provision of Zoning By-law 84-63.
6. Conclusion
7.1 Given the above comments, staff recommends approval of the application for a minor
variance to facilitate the construction of a detached garage by increasing the maximum
accessory floor area from 90 square metres to 106 square metres.
Submitted by:
Nicklaus Gibson
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: Nicklaus Gibson, Planner I, 905-623-3379 ext. 2408 or NGibson@clarington.net
Attachments
Attachment 1: Building Division Comments
Attachment 2: Development Engineering Comments
Attachment 3: Ganaraska Region Conservation Authority Comments
Interested Parties:
Edwin Tesser
The following interested parties will be notified of Committee's decision:
Edwin Tesser
From:noreply-amanda
To:Committee of Adjustment (SM)
Subject:A-2025-0041 | Planning - Building Division Review Complete
Date:Monday, October 20, 2025 12:45:47 PM
Hello Development Application Coordinators,
The Planning - Building Division Review review for the noted file has been completed. Please see the below
comments.
Comments: A building permit is required for the proposed building
Staff Member: Brendan Grigg
Thank you,
--
The Municipality of Clarington
40 Temperance Street
Bowmanville, ON L1C 3A6
905-623-3379
*This is an automated message.*
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 detached
garage and gazebo by increasing the maximum total accessory floor area from 90
square metres to 106 square metres.
Development Engineering has reviewed the above-noted application. We have no
objection to this proposal.
At Building Permit Stage, the following comments must be addressed:
• Access to the proposed garage must be provided from the existing driveway
from the Mill Street South and shown on the Site Plan. New entrance to the
proposed garage is not permitted.
• The proposed structure shall not affect adjacent property’s grading or drainage.
• Grading Plan will be required as part of the building permit. Review Section 800
of the Municipality of Clarington Engineering Design Guidelines for a more
fulsome list of requirements for Grading Plan submissions.
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
To: Nicklaus Gibson, Planner I
From: Karen Richardson, Manager of Development Engineering
Date: October 10, 2025
Subject: Minor Variance Application A2025-0041
File: Applicant: Edwin Tesser
Address: 608 Mill Street, Clarke
From:Ken Thajer
To:Nicklaus Gibson; Committee of Adjustment (SM)
Cc:Joanne May
Subject:GRCA Comments - Minor Variance - A-2025-0041-608 Mill Street
Date:Friday, October 10, 2025 2:49:48 PM
Attachments:image001.png
image002.png
image003.png
EXTERNAL
Re: A-2025-0041 – 1st submission
608 Mill Street South
Municipality of Clarington
The Ganaraska Region Conservation Authority (GRCA) is in receipt of the 1st submission of
an application to A minor variance application to facilitate the construction of a detached
garage and gazebo by increasing the maximum total accessory floor area from 90 square
metres to 106 square metres.
ONTARiO REGuLATiON 41/24 / Conservation authorities aCt:
The subject property is located partially within the Regulated Area. A permit may be
required from GRCA for any filling, grading or construction works within this area.
WATERCOuRSE:
The subject property is adjacent to Graham Creek. Any alteration to a watercourse (i.e:
culverts, bridges, ponds etc.) requires a permit issued by GRCA. Our concerns for new
construction would include maintaining setbacks to address channel bank erosion,
sediment control during construction and no negative impact to Regulatory Storm Flood
Plain.
FLOOdPLAiN:
The subject property is located partially within the Regulatory Storm Flood Plain. A permit
is required from GRCA for any development activity in this area. GRCA’s primary concern
is the protection of life and property from the flood hazard. GRCA staff have specific
criteria and requirements for construction in the flood plain.
WETLANd:
The subject property is partially located within the Provincially Significant Port Newcastle
Coastal Wetland (PSW). Wetlands are diverse and productive ecosystems that are
hydrologically significant to a watershed. They store water during flood events and provide
low flow augmentation during dry periods. GRCA does not support new development in
wetlands, including buildings, structures, driveways, septic systems, ponds…etc. An
Environmental impact Study Report may be required for new development located
adjacent to wetlands, depending on potential impacts. The responsibility of natural
heritage review is with the Municipality. GRCA does review impacts to wetland hydrology.
The proposed detached garage and gazebo are located outside GRCA’s Regulated area.
On this basis, GRCA has no objection to the approval of the application. Furthermore, a
permit from the Authority is not required for either structure.
Please forward a copy of the decision when available. Should you have any questions, please let me
know.
Regards,
Ken Thajer, MCIP, RPP
Planning & Regulations Coordinator
“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
Planning and Infrastructure Services
Committee of Adjustment
Minor Variance
A2025-0042
121 East Shore Drive, Bowmanville
Municipality of Clarington
Committee of Adjustment
A2025-0042 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: October 23, 2025
File Number: A2025-0042
Address: 121 East Shore Drive
Report Subject: A minor variance application to facilitate the construction of a basement
entrance for an additional dwelling unit by increasing the rear yard
projection from 1.5 metres to 1.9 metres.
Recommendations:
1. That the Report for Minor Variance Application A2025-0042 be received.
1.1. That all written comments and verbal submissions are considered in the deliberation
of this application.
1.2. That application A2025-0042 for a Minor Variance to Section 3.1 g iv) of Zoning By-
law 84-63 to facilitate the construction of a basement entrance for an additional
dwelling unit by increasing the rear yard projection from 1.5 metres to 1.9 metres be
tabled for a period of up to 90 days and no later then January 2026.
2. That all interested parties listed in this report be forwarded a copy of the
Committee’s decision.
Municipality of Clarington
Committee of Adjustment
A2025-0042 Page 3
1. Application Details
1.1 Owner: Kalaicheivan Kanagartanam
1.2 Applicant: Kanissan
1.3 Proposal: A minor variance application to facilitate the construction of a
basement entrance for an additional dwelling unit by
increasing the rear yard projection from 1.5 metres to 1.9
metres.
1.4 Area of Lot: 0.08 acres (0.03 hectares)
1.5 Location: 121 East Shore Drive, Bowmanville
1.6 Zoning: Urban Residential Exception (R2-54) within Zoning By-law 84-
63
1.7 Clarington Official
Plan Designation:
Urban Residential Area
1.8 Secondary Plan
Designation: Port Darlington Neighbourhood Secondary Plan
1.9 Heritage Status: N/A
1.10 Water, Sewage and
Storm Servicing: Municipal
Municipality of Clarington
Committee of Adjustment
A2025-0042 Page 4
Figure 1: Property Location Map
Municipality of Clarington
Committee of Adjustment
A2025-0042 Page 5
2. Background
2.1 On September 19, 2025, Planning Staff received an application for minor variance from
the owner of 121 East Shore Drive. The minor variance application is to facilitate the
construction of a basement entrance for an additional dwelling unit by increasing the
rear yard projection from 1.5 metres to 1.9 metres.
2.2 Following a site visit to the property an additional accessory structure was identified on
the property that was not shown on the submitted site plan. The applicant submitted the
additional information for the accessory structure after the submission deadline which
meant Staff were unable to meet their statutory timelines within the Planning Act.
Therefore, this application is being tabled to allow for a detailed review of the additional
information and to have further discussions with the applicant and the property owner (if
required).
3. Public Notice and Submissions
3.1 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, no comments were received for this application from
members of the public.
4. Conclusion
7.1 Given the above comments, staff recommends the application be tabled for a period
of up to 90 days and no later then January 2026 for a minor variance to facilitate the
construction of a basement entrance for an additional dwelling unit by increasing the
rear yard projection from 1.5 metres to 1.9 metres.
Submitted by:
Nicklaus Gibson
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: Nicklaus Gibson, Planner I, 905 623-3379 ext. 2408 or NGibson@clarington.net
The following interested parties will be notified of Committee's decision:
Kalaicheivan Kanagartanam