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HomeMy WebLinkAbout2025-02-27 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 905-623-3379 www.clarington.net March 7, 2025 Jasbeer Johal 9 Tallpines Court Scarborough, ON M1B 1H4 Dear Jasbeer Johal, Re: Notice of Decision File Number: Minor Variance A-2024-0058 and A-2024-0059 Owner: Jasbeer Johal Address: 119 Liberty Street S, Bowmanville The attached Minutes set out a true copy of the decision of the Committee of Adjustment as concurred by a majority of the members at the Committee of Adjustment Hearing on February 27, 2025. All information filed in respect of the application for consent is available upon request. Please Note: Section 45(12) of the Planning Act has been amended and now indicates that only the applicant, the Minister, a specified person, or any public body may appeal this decision. If you have any questions regarding the application or the procedures for appeal, please do not hesitate to contact the undersigned, at 905-623-3379 ext. 2418 or by email at cofa@clarington.net Thank you, Akibul Hoque Acting Secretary-Treasurer, Committee of Adjustment Planning and Infrastructure Services Municipality of Clarington Attachment 1: Appeal Procedure Attachment 2: February 27, 2025, Committee of Adjustment Minutes 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 Procedure for Appeals to the Decision of the Committee of Adjustment The applicant, the Minister of Municipal Affairs and Housing, a specified person or public body that has an interest in the matter may, within twenty days following the date of the meeting, appeal to the Ontario Land Tribunal (OLT) against the decision of the Committee by serving personally on or by sending by registered mail to the Acting Secretary/Treasurer of the Committee of Adjustment a Notice of Appeal setting out the objection of the decision and the reasons in support of the objection, pursuant to Section 45(12) of the Planning Act. Take notice that an appeal to the Ontario Land Tribunal in respect to all or part of this Official Plan Amendment may be made by filing a notice of appeal with the Clerk either via the Ontario Land Tribunal e-file service (first- time users will need to register for a My Ontario Account) at https://olt.gov.on.ca/e-file- service by selecting Municipality of Clarington as the Approval Authority or by mail to 40 Temperance Street Bowmanville, Ontario, L1C 3A6., no later than 4:30 p.m. on March 19, 2025,. The filing of an appeal after 4:30 p.m., in person or electronically, will be deemed to have been received the next business day. The appeal fee can be paid online through e-file or by certified cheque/money order to the Minister of Finance, Province of Ontario. If you wish to appeal to the Ontario Land Tribunal (OLT) or request a fee reduction for an appeal, forms are available from the OLT website at www.olt.gov.on.ca. If the e-file portal is down, you can submit your appeal to clerks@clarington.net. If, within such twenty days from the day of the Committee of Adjustment Meeting, no Notice of Appeal is given, the decision of the Committee is final and binding and the Acting Secretary-Treasurer shall notify the applicant and shall file a certified copy of the decision with the Clerk of the Municipality of Clarington. Note: The Planning Act provides for appeals to be filed by a “specified person or public body”. A specified person means, (a) a corporation operating an electric utility in the local municipality or planning area to which the relevant planning matter would apply, (b) Ontario Power Generation Inc., (c) Hydro One Inc., (d) a company operating a natural gas utility in the local municipality or planning area to which the relevant planning matter would apply, (e) a company operating an oil or natural gas pipeline in the local municipality or planning area to which the relevant planning matter would apply, Page | 2 (f) a person required to prepare a risk and safety management plan in respect of an operation under Ontario Regulation 211/01 (Propane Storage and Handling) made under the Technical Standards and Safety Act, 2000, if any part of the distance established as the hazard distance applicable to the operation and referenced in the risk and safety management plan is within the area to which the relevant planning matter would apply, (g) a company operating a railway line any part of which is located within 300 metres of any part of the area to which the relevant planning matter would apply, (h) a company operating as a telecommunication infrastructure provider in the area to which the relevant planning matter would apply; (“personne précisée”), (i) NAV Canada, (j) the owner or operator of an airport as defined in subsection 3 (1) of the Aeronautics Act (Canada) if a zoning regulation under section 5.4 of that Act has been made with respect to lands adjacent to or in the vicinity of the airport and if any part of those lands is within the area to which the relevant planning matter would apply, (k) a licensee or permittee in respect of a site, as those terms are defined in subsection 1 (1) of the Aggregate Resources Act, if any part of the site is within 300 metres of any part of the area to which the relevant planning matter would apply, (l) the holder of an environmental compliance approval to engage in an activity mentioned in subsection 9 (1) of the Environmental Protection Act if any of the lands on which the activity is undertaken are within an area of employment and are within 300 metres of any part of the area to which the relevant planning matter would apply, but only if the holder of the approval intends to appeal the relevant decision or conditions, as the case may be, on the basis of inconsistency with land use compatibility policies in any policy statements issued under section 3 of this Act, (m) a person who has registered an activity on the Environmental Activity and Sector Registry that would, but for being prescribed for the purposes of subsection 20.21 (1) of the Environmental Protection Act, require an environmental compliance approval in accordance with subsection 9 (1) of that Act if any of the lands on which the activity is undertaken are within an area of employment and are within 300 metres of any part of the area to which the relevant planning matter would apply, but only if the person intends to appeal the relevant decision or conditions, as the case may be, on the basis of inconsistency with land use compatibility policies in any policy statements issued under section 3 of this Act, or (n) the owner of any land described in clause (k), (l) or (m). Page | 3 A “public body” means a municipality, a local board, a hospital as defined in section 1 of the Public Hospitals Act, a ministry, department, board, commission, agency or official of a provincial or federal government or a First Nation; (“organisme public”). On an appeal to the Ontario Land Tribunal, the Tribunal may hold a hearing of which notice shall be given to the applicant, the appellant, Acting Secretary-Treasurer of the Committee and to such other persons or public bodies and in such manner as the Tribunal may determine. The Tribunal may dismiss the appeal and may make any decision that the Committee could have made on the original application. The appeal must be accompanied by the appropriate fees prescribed by the Ontario Land Tribunal, in the form of a cheque payable to the Ministry of Finance, Province of Ontario. The last day for receiving Notice of Appeal: March 19, 2025 Notice of Appeal should be sent to the Acting Secretary Treasurer and Clerks Department. Akibul Hoque Acting Secretary-Treasurer Committee of Adjustment Planning & Infrastructure Services Department cofa@clarington.net (905) 623-3379 ext. 2660 Minutes and Decisions of the Committee of Adjustment Corporation of the Municipality of Clarington As per: The Planning Act, and in accordance with the Provincial Rules of Procedure Thursday, February 27, 2025 Time: 6:30 P.M. Municipal Administrative Centre, Council Chambers 40 Temperance Street, Bowmanville Preliminary Note This Committee of Adjustment meeting took place in a ‘hybrid’ format. Members listed as being “electronically present,” as well as applicants and members of the public, participated though the teleconferencing platform Microsoft Teams, which allows participation through a computer’s video and audio, or by telephone. Present: Sarah Parish Secretary-Treasurer Jacob Circo Acting Secretary-Treasurer Shrija Vora Acting Secretary-Treasurer Akibul Hoque Acting Secretary-Treasurer Hebah Masood Acting Secretary-Treasurer Todd Taylor Chair Wendy Partner Member Dave Eastman Member Noel Gamble Member Gord Wallace Member Absent with Regrets: Brad Whittle and Shelley Pohjola 1. Call to Order The Chair called the meeting to order at 6:30 p.m. 2. Land Acknowledgement Statement The Chair recited the Land Acknowledgement Statement. 3. Declaration of Interest for Consent Applications G Wallace claimed interest for consent applications B2024-0039, B2024-0043, and B2024- 0044. Minutes – February 27, 2025 Page 2 Committee of Adjustment Meeting 4. Swearing in Hebah Masood as Acting Secretary-Treasurer to the Committee of Adjustment Motion to approve the appointment of Hebah Masood as Acting Secretary-Treasurer to the Committee of Adjustment as recommended by Dave Eastman, seconded by Noel Gamble. Unanimous support by Committee of Adjustment. “Carried” at 6:37 P.M. 5. Consent Applications: 5.1 File Number: B2024-0039 Owner/Agent: Grey Joy Corp. (John Welsh) / David Pearce Staff: Shrija Vora Address: 34 King Ave E, Newcastle Application: 1. The purpose of the application is to facilitate a lot line adjustment that would result in 822.4 square meters of lot area being transferred from 34 King Avenue East to 34 Beaver Street North. 2. Public notification was conducted in accordance with the Planning Act which included signage being installed on the subject site and a mail out to all property owners within 60 metres of the subject site. 3. No comments were received in opposition to the application from external agencies or internal departments. 4. No comments were received in opposition to the application from members of the public; 5. Staff recommend that the application be (approved, subject to the conditions within the staff report) Discussion: No members of the public spoke regarding this application. The agent, David Pearce, spoke and provided an overview of the application. The owner/agent states that they have read and agreed to the conditions of the Staff’s recommendation. Minutes – February 27, 2025 Page 4 Committee of Adjustment Meeting Motion to approve B2024-0039 as recommended by David Eastman, seconded by Wendy Partner. Time approved 6:42 P.M. Full text of Decision: Seeking consent to facilitate a lot line adjustment that would result in 822.4 square meters of lot area being transferred from 34 King Avenue East to 34 Beaver Street North. Conditions of Approval: 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 January 9, 2025. 2. That the applicant satisfies all the requirements of the Regional Municipality of Durham, financial and otherwise as detailed in the Regional Works Department’s letter, dated January 7, 2025. This is to be confirmed by obtaining a clearance letter from the Region’s Works Department and submitted to the Municipality of Clarington. 3. 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. 4. All taxes shall be paid in full to the Municipality of Clarington prior to the issuance of a clearance letter. 5. Once all other conditions have been satisfied, the applicant shall engage their solicitor to provide the Municipality with: a. The original executed transfer/deed a duplicate original and one (1) photocopy; b. One copy of the registered reference plan; c. An accompanying letter with a request that the severing transfer/deed be stamped. Section 2: Planning Requirements 8. To ensure that any new lot created through severance, whether retained or severed comply with all applicable provisions of Zoning By-law 84-63. Staff will review the registered reference plan once submitted to ensure compliance with all applicable zoning provisions 9. That the applicant shall ensure any new easement/right-of-way complies with all appliable provisions of Zoning By-law 84-63. 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”. The matter was then put to a vote and was carried out as follows, signed by all members present and concurring that this is the Committee Decision on B2024-0039 on February 27, 2025. Committee Member Yes No Wendy Partner Dave Eastman Noel Gamble Shelley Pohjola Absent Todd Taylor Gord Wallace Declared Conflict Brad Whittle Absent “Carried” Minutes – February 27, 2025 Page 5 Committee of Adjustment Meeting 5.2 File Number: B2024-0043 and B2024-0044 Owner/Agent: Nirojan Kanagratnam / Russ Gregory Staff: Jacob Circo Address: 108 Ontario Street, Bowmanville Application: 1. The purpose of consent applications B2024-0043-to-B2024-0044 is seeking consent to facilitate the creation of two new residential lots. The purpose of this application is to sever a 579.4 square metres residential parcel of land with 28.34 metres of frontage (Parts 2 and 3 on the draft reference plan), retaining a 441.6 square metres residential parcel of land with 20.12 metres of frontage (Part 1 on the draft reference plan). The proposed severance will support the creation of a semi-detached dwelling on the severed parcels while maintaining the existing single detached dwelling on the retained parcel. 2. Public notification was conducted in accordance with the Planning Act which included signage being installed on the subject site and a mail out to all property owners within 60 metres of the subject site. 3. No comments were received in opposition to the application from external agencies or internal departments. 4. No comments were received in support or opposition to the application from members of the public. 5. Staff recommends that consent applications B2024-0043-to-B2024-0044 be approved subject to the conditions noted in the staff report. Discussion: No members of the public spoke regarding this application. No questions from the Committee of Adjustment. The agent, Russ Gregory, spoke and provided an overview of the application. The owner/agent states that they have read and agreed to the conditions of the Staff’s recommendation. Motion to approve B2024-0043 and B2024-0044 as recommended by Noel Gamble, seconded by Dave Eastman. Time approved 6:49 P.M. Full text of Decision: Seeking consent to facilitate the creation of two new residential lots. The purpose of this application is to sever a 579.4 square metres residential parcel of land with 28.34 metres of frontage (Parts 2 and 3 on the draft reference plan), retaining a 441.6 square metres residential parcel of land with 20.12 metres of frontage (Part 1 on the draft reference plan). The proposed severance will support the creation of a semi-detached dwelling on the severed parcels while maintaining the existing single detached dwelling on the retained parcel. Minutes – February 27, 2025 Page 6 Committee of Adjustment Meeting Conditions of Approval: Section 1: General 1. That the applicant satisfies all the requirements of the Regional Municipality of Durham concerning the provision of regional services, financial and otherwise as detailed in the Regional Works Department’s letter, dated February 26, 2025. 2. 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 February 11, 2025. 3. The owner, applicant or agent must enter into a consent agreement with the Municipality of Clarington. 4. 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. 5. All taxes shall be paid in full to the Municipality of Clarington prior to the issuance of a clearance letter. 6. 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 7. Agent/owner is required to submit a minor variance application to seek approval from the Committee of Adjustment for a reduction in the minimum required lot area as per Section 12.2.a.i) of Zoning By-law 84-63 for the proposed retained parcel. In order to clear this condition, the minor variance application is to be approved and become final and binding after a 20-day appeal period. 8. Applicant is to submit a building permit application for the proposed dwelling. Once the building permit is issued, the applicant will be required to provide an updated draft Reference Plan prepared by an OLS that delineates the common wall of the dwelling to the satisfaction of the Planning and Infrastructure Services Department, prior to registration of the plan. 9. The applicant shall ensure that any new lots created through a severance, whether retained or severed, comply with the applicable provisions of Zoning By- law 84-63. Minutes – February 27, 2025 Page 7 Committee of Adjustment Meeting 10. To ensure that any new lot created through severance, whether retained or severed comply with all applicable provisions of Zoning By-law 84-63. Staff will review the registered reference plan once submitted to ensure compliance with all applicable zoning provisions. 11. 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. 12. The creation of a new residential lot requires both the applicant and a Qualified Person to complete and sign the Site Screening Questionnaire (SSQ) to address any potential site contamination at the subject site in accordance with the Region’s Soil and Groundwater Assessment Protocol subject to the satisfaction of the Municipality of Clarington. The applicant is required to submit the SSQ Form, that is to be signed by a Qualified Person who meets the qualifications of subsection 5(2) of O.Reg. 153/04. A Phase One Environmental Site Assessment (ESA) report must be prepared consistent with the requirements of the Ontario Brownfields Regulation (O. Reg 153/04) if potential contamination is discovered on or adjacent to the subject lands. 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”. The matter was then put to a vote and was carried out as follows, signed by all members present and concurring that this is the Committee Decision on B2024-0043 and B2024-0044 on February 27, 2025. Committee Member Yes No Wendy Partner Dave Eastman Noel Gamble Shelley Pohjola Absent Todd Taylor Minutes – February 27, 2025 Page 8 Committee of Adjustment Meeting Gord Wallace Declared Conflcit Brad Whittle Absent “Carried” 5.3 File Number: B2025-0001 Owner/Agent: Muslim Welfare / SHS Consulting Staff: Shrija Vora Address: 1589 - 1603 Highway 2, Courtice Application: 1. The purpose of the application is to facilitate a temporary planned emergency services vehicle turnaround easement on the severed parcel created by application B2024-0031, in favor of the Long Term Care facility proposed on the retained parcel. 2. Public notification was conducted in accordance with the Planning Act which included signage being installed on the subject site and a mail out to all property owners within 60 metres of the subject site. 3. No comments were received in opposition to the application from external agencies or internal departments. 4. No comments were received in opposition to the application from members of the public; 5. Staff recommend that the application be (approved, subject to the conditions within the staff report). Discussion: No members of the public spoke regarding this application. The agent, Andrew Vrana c/o SHS Consulting, spoke and provided an overview of the application. The owner/agent states that they have read and agreed to the conditions of the Staff’s recommendation. No questions from the Committee of Adjustment Motion to approve B2025-0001 as recommended by Gord Wallace, seconded by Wendy Partner. Time approved 6:57 P.M. Full text of Decision: “Seeking consent to facilitate a temporary planned emergency service vehicle turnaround easement. Minutes – February 27, 2025 Page 9 Committee of Adjustment Meeting Conditions of Approval: 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 February 10, 2025. 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. Section 2: Planning Requirements 5. That the applicant shall ensure that the proposed easement/right-of-way complies with all appliable provisions of Zoning By-law 84-63 and Municipality of Clarington Design Guidelines and Standard Drawings. 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”. The matter was then put to a vote and was carried out as follows, signed by all members present and concurring that this is the Committee Decision on B2025-0001 on February 27, 2025. Minutes – February 27, 2025 Page 10 Committee of Adjustment Meeting Committee Member Yes No Wendy Partner Dave Eastman Noel Gamble Shelley Pohjola Absent Todd Taylor Gord Wallace Brad Whittle Absent “Carried” 6. Minute Recess @ 6:57 P.M. and end at 7:03 P.M. 7. Declaration of Interest for Minor Variance Applications (none) 8. Minor Variance Applications 8.1 File: A2024-0058 and A2024-0059 Owner/Agent: Jasbeer Johal Staff: Akibul Hoque Address: 119 Liberty Street S, Bowmanville Application: 1. The application was tabled at the January 2025 Committee of Adjustment meeting and staff are bringing the application back for recommendation of approval. 2. The purpose of the application is to reduce the minimum lot frontage from 15 metres to 12.34 metres on the severed lot and to reduce the minimum lot frontage from 15 metres to 12.35 metres on the retained lot in the associated consent application (B2024-0041). 3. Public notification was conducted in accordance with the Planning Act which included signage being installed on the subject site and a mail out to all property owners within 60 metres of the subject site. 4. No comments were received in opposition to the application from external agencies or internal departments. Minutes – February 27, 2025 Page 11 Committee of Adjustment Meeting 5. Comments were received in opposition to the application from members of the public. 6. Staff recommend that applications A2024-0058 and A2024-0059 for a Minor Variance to Section 12.2 b. i) of Zoning By-law 84-63 be approved. Discussion: No members of the public spoke regarding this application The agent, Jasbeer, spoke and provided an overview of the application. The owner/agent states that they have read and agreed to the conditions of the Staff’s recommendation. N. Gamble asked a question to staff: Is there historical significance of the house? A. Hoque: No, the house is not registered under the Ontario heritage act. W. Partner: Inquired about the possibility of putting forward a motion to lift tabled applications. S. Parish: Acknowledged and suggested staff are open to this idea, and it could be addressed under new business, allowing for a motion to be made. No further questions. Motion to approve A2024-0058 and A2024-0059 as recommended by Dave Eastman, seconded by Noel Gamble. Time approved 7:11 P.M. Full text of Decision: “That applications A2024-0058 and A2024-0059 for a Minor Variance to section 12.2 b. i) of Zoning By-law 84-63 to reduce the minimum lot frontage from 15 metres to 12.34 metres on the severed lot and to reduce the minimum lot frontage from 15 metres to 12.35 metres on the retained lot in the associated consent application (B2024-0041) be approved as it maintains the general intent and purpose of the Clarington Official Plan and the Zoning By- law, is desirable for the appropriate development or use of the land and is minor in nature”. The matter was then put to a vote and was carried out as follows, signed by all members present and concurring that this is the Committee Decision on A2024-0058 and A2024- 0059 on February 27, 2025. Committee Member Yes No Wendy Partner Dave Eastman Noel Gamble Shelley Pohjola Absent Minutes – February 27, 2025 Page 12 Committee of Adjustment Meeting Todd Taylor Gord Wallace Brad Whittle Absent “Carried” 7.2 File: A2025-0002 Owner/Agent: Carrie-Ann Szorady, Senior Manager, Capital Delivery Staff: Hebah Masood Address: 47 Liberty Street S, Bowmanville Application: 1. The purpose of the application is to facilitate the Bowmanville Hospital Expansion (SPA2024-0040). The drawings submitted are at draft stage. The Site Plan is going through a staggered approach to site plan approval. These minor variances are requested to provide a box of flexibility. The hospital will put out an RFP and the successful candidate will work within this box. The application proposes to: a. Reduce the exterior side yard setback from 6 metres (from proposed road widening) to 0.0 metres along Queen Street. b. Increase the maximum height from 6 storeys to 6 storeys and 2 penthouse storeys (44.0 metres) c. Increase the maximum height for accessory structures from 4.5 metres to 9 metres to legalize and preserve the existing heritage structure (The Lambert House). d. To permit the relocation of an existing structure (The Lambert House) to be relocated within the front yard with a 1.37 metre setback along Liberty St. e. Permit loading spaces in the exterior side yard along Queen Street. f. Reduce aisle leading to loading spaces from 6.0m to 1.98m. g. Increase maximum accessory floor area from 60 square metres to 515 square metres to legalize and preserve an existing heritage structure (Lambert House). Please note Staff no longer are requiring variance f. This does not affect any of the other requested variances. Please disregard point f. when making your motion. 2. Public notification was conducted in accordance with the Planning Act which included signage being installed on the subject site and a mail out to all property owners within 60 metres of the subject site. 3. No comments were received in opposition to the application from external agencies or internal departments. Minutes – February 27, 2025 Page 13 Committee of Adjustment Meeting 4. Two comments were received from members of the public. The nature of the concerns was asking for further clarification on the process of development. The comments were received after the writing of the staff report. 5. Staff recommends that application A2025-0002 for a Minor Variance to Sections 3.1.c, 3.12 and 15A.2 be approved. Discussion: The owner of the EMS building at 9 St. George Street spoke and wanted to know if there was future plans for the hospital to use his site. S. Parish: The issues addressed and discussed here today should pertain to the minor variances within the noted application. I would however be happy to give you my contact info to discuss further on that outside of today’s meeting. The agent, Carrie Ann Szorady - Lakeridge Health and Kanchan Ghadge - Stantec Consulting Inc., spoke and provided an overview of the application. All hospital services will remain functional during this transition to the hospital expansion. These minor variances are about creating a maximum possible box for builders to build within. We want to give them the maximum space while meeting the municipality’s requirements. The owner/agent states that they have read and agreed to the conditions of the Staff’s recommendation. N. Gamble asked the agent a question: At what stage are you going to be moving the lambert house? C. Szorady: We will be moving it in the early stages of the project. We are working with the heritage committee to ensure moving the Lambert House is done with care. D Eastman asked a question to staff: About point f, if that variance is no longer required are there any concerns regarding trucks entering the loading zone? S. Parish: We are no longer requiring this variance. We don’t normally allow trucks to use the street as part of their turning radius but after staff review we have made this exception for the hospital. This will allow trucks to turn from St George St onto Queen Street and then into the loading area. W. Partner asked the agent a question: Have you seen the concerns from Mr. Rice? C. Szorady: Yes, we have seen his concerns and are working closely with him. W. Partner: So, you are addressing his concerns? C Szorady: Yes, and Mr. Rice has confirmed he is satisfied with how we are addressing their concerns. That is why he chose not to come tonight. Motion to approve A2025-0002 as recommended by Gord Wallace, seconded by Dave Eastman. Time approved: 7:24 P.M. Minutes – February 27, 2025 Page 14 Committee of Adjustment Meeting Full text of Decision: “That application A2025-0002, for a Minor Variances to Sections 3.1.c, 3.12 and 15A.2 by: a. Reducing the exterior side yard setback from six metres (from the proposed road widening) to 0.0 metres along Queen Street; b. Increasing the permitted maximum height from 6 storeys to 6 storeys and 2 penthouse storeys (44.0 metres); c. Increasing the maximum height for accessory structures from 4.5 metres to 9 metres to legalize and preserve the existing heritage structure (the Lambert House); d. Permitting the relocation of an existing structure (the Lambert House) to be relocated within the front yard with a 1.37 metre setback along Liberty Street; e. Permitting loading spaces in the exterior side yard along Queen Street; and f. Increasing maximum accessory floor area from 60 square metres to 515 square metres to legalize and preserve an existing heritage structure (the Lambert House) be approved as it maintains the general intent and purpose of the Clarington Official Plan, and the Zoning By-law 84-63, desirable for the appropriate development or use of the land and minor in nature”. The matter was then put to a vote and was carried out as follows, signed by all members present and concurring that this is the Committee Decision on A2025-0002 on February 27, 2025. Committee Member Yes No Wendy Partner Dave Eastman Noel Gamble Shelley Pohjola Absent Todd Taylor Gord Wallace Brad Whittle Absent “Carried” Minutes – February 27, 2025 Page 15 Committee of Adjustment Meeting 8. Adoption of Minutes of Previous Meeting, January 23, 2025 Chair T Taylor asked for a motion from the Committee. Motion to adopt minutes from January 23, 2025, Committee of Adjustment Meeting was moved by Dave Eastman, seconded by Gord Wallace. “That the minutes of the Committee of Adjustment, held on January 23, 2025, be approved.” “Carried” 9. Other Business W. Partner: Raised a point regarding Robert's Rules, noting that before making a motion to vote on a tabled item, the item must first be lifted from the table. N. Gamble: Inquired if this procedure is needed? W. Partner: Clarified that it is a council procedure, and we should follow it. G. Wallace: Inquired how this motion procedure will work for an application? W. Partner: Explained that to lift an item from the table, the motion should be made in the same manner as the motion to table it and then proceed to discussions to make a separate motion to either deny or approve the application. S. Parish: Clarified that when a tabled application is heard at the committee meeting, a motion needs to be put forward to lift the tabled application. Once a motion is made, the application can be heard or put aside, and then we will need a separate motion to either deny or approve the application. Chair T. Taylor asked the Committee of Adjustment for a motion. Motion to lift tabled applications was moved by Wendy Partner and seconded by Gord Wallace. Full text of the decision: “A Committee Member will introduce a motion, which must be successfully passed, to remove the consent and/or minor variance application from the table before further discussions proceed and before a separate motion is made to either approve or deny the application in its entirety..” Unanimous support by Committee of Adjustment. “Carried” at 7:31 P.M. Minutes – February 27, 2025 Page 16 Committee of Adjustment Meeting Update from S. Parish: We are on track to switch software in council chambers for the March meeting to hopefully resolve any technical sound issues. 10. Adjournment Last date of appeal for tonight’s consent applications: 20 days from when the notice of decision is sent. Last date of appeal for tonight’s minor variance applications: March 19, 2025. Next Meeting: March 27, 2025 Chair T Taylor asked for a motion from the Committee. Motion to adjourn the meeting was moved by Noel Gamble, seconded by Wendy Partner. “That the February 27, 2025, Committee of Adjustment be adjourned. Time approved 7:33 P.M.” “Carried”