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HomeMy WebLinkAbout2025-04-24 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 905-623-3379 www.clarington.net May 2, 2025 Lynda Farrow 11 Rose Crescent Newtonville, ON L0A 1J0 Dear Lynda Farrow, Re: Notice of Decision File Number: Minor Variance A-2024-0010 and A-2025-0011 Owner: Jan Choi & Ryan Farrow Address: 18 Rose Crescent, Newtonville 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 April 24, 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 ex. 2418 or by email at AHoque@clarington.net Thank you, Acting Secretary-Treasurer, Committee of Adjustment Planning and Infrastructure Services Municipality of Clarington Attachment 1: Appeal Procedure Attachment 2: April 24, 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 May May 14, 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: May 14, 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. 2418 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, April 24, 2025 Time: 6:30pm 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 Hebah Masood Acting Secretary-Treasurer Akibul Hoque Acting Secretary-Treasurer Ainsley Johnston Planner Jacob Circo Acting Secretary-Treasurer Todd Taylor Chair Dave Eastman Member Shelley Pohjola Member Brad Whittle Member Absent with Regrets: Wendy Partner, Noel Gamble, Gord Wallace 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 “None”. 4. Swearing in of Ainsley Johnston as Acting Secretary-Treasurer Minutes –April 24, 2025 Page 2 Committee of Adjustment Meeting Moved by Dave Eastman Seconder: Shelley Pojhola Committee Member Yes No Wendy Partner Absent Dave Eastman Noel Gamble Absent Shelley Pohjola Todd Taylor Gord Wallace Absent Brad Whittle Passed at 6:36 pm. 5. Consent Applications: 4.1 File Number: B-2025-0011 Owner/Agent: Ryan and Lynda Farrow Staff: Jacob Circo Address: 18 Rose Cres., Newtonville Application: 1. The first application before the Committee this evening is File B2025-0011 for 18 Rose Crescent, Newtonville. 2. The purpose of Consent Application B2025-0011 is to seek consent to facilitate the creation of a new 2,448.5 square metre rural residential lot with a lot frontage of 48.02 metres (Part 2 on the draft reference plan) while retaining a 2,447.3 square metre rural residential lot with a lot frontage of 59.88 metres (Part 1 on the draft reference plan). The proposed severed parcel will support the creation of a single detached dwelling. 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. Please note that the purpose of consent application on the signage and mailout indicated that the proposed retained parcel contains an existing single detached dwelling, this is a clerical error as there is no single detached dwelling on the proposed retained parcel except an existing accessory building and shipping container. The purpose of the consent application has been revised in the Staff Report. Minutes –April 24, 2025 Page 2 Committee of Adjustment Meeting 4. At the time of writing the staff report, no comments were received in support or opposition from the applicant from members of the public. 5. Comments were received from external agencies and internal departments. The Regional Health Department comments noted that they require a peer review by one of the Region’s Peer Review Consultants of the Hydrogeological Study to be conducted, to the Regional Municipality of Durham and Municipality of Clarington’s satisfaction. 6. Based on the Regional Health comments, staff recommend tabling of the consent application for a period of up to one (1) year and no later than April 2026. Discussion: No members of the public spoke regarding this application. The agent, Lynda Farrow, 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. Following the presentation, the Committee did not raise any questions or concerns. Chair T Taylor deferred a question to staff from L Farrow. L Farrow asked a question to Planning Staff – The Region informed me that I had 2 years to complete this, and Clarington Staff are saying 1 year? J Circo responded – Correct, the consent application is recommended to be tabled for 1 year to address the peer review request by the Regional Municipality of Durham for the hydrogeological study that you had submitted with your consent application. L Farrow asked a question to Planning Staff – What about the environmental site assessment that I am working on getting completed for the consent application? J Circo responded – At this time, the Municipality is not requiring that you have 1 year to have your environmental site assessment study done, the consent application is only being tabled for 1 year to address the peer review request by the Regional Municipality of Durham for the hydrogeological study that you had submitted with your consent application, to be done at the satisfaction of the Municipality of Clarington and Regional Municipality of Durham Health Department. Motion to approve B-2025-0011 as recommended by Committee Member Brad Whittle, seconded by Committee Member Dave Eastman. Approved at 6:42 P.M. Full text of Decision: “That application B2025-0011 be tabled, as per the recommendations of Regional Municipality of Durham’s Community Growth & Economic Development Department and Health Department (letter dated April 22, 2025) for up to one (1) year and no later than April 2026”. 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 B-2025-0011 on April 24, 2025. Minutes –April 24, 2025 Page 2 Committee of Adjustment Meeting Committee Member Yes No Wendy Partner Absent Dave Eastman Noel Gamble Absent Shelley Pohjola Todd Taylor Gord Wallace Absent Brad Whittle “Carried” 4.2 File Number: B-2025-0012 and B-2025-0013 Owner/Agent: Jonah & Luke Szent-Ivany Staff: Jacob Circo Address: 5 Lynwood Avenue, Courtice Application: 1. The second and third applications before the Committee this evening are Files B2025- 0012-to-B2025-0013 for 5 Lynwood Avenue, Courtice. 2. The purpose of the consent applications B2025-0012-to-B2025-0013 is to seek consent to facilitate the creation of two new residential lots. Part 1 of the draft reference plan is the retained parcel with a lot frontage 21.34 metres and a lot area of 682.8 square metres. The proposed severed parcels include Parts 2 and 3 of the draft reference plan. Part 2 has a lot frontage of 12.19 metres and a lot area of 390.08 square metres. Part 3 has a lot frontage of 12.19 metres and a lot area of 390.08 square metres. The existing single detached dwelling and accessory buildings on the subject property will be demolished. 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 –April 24, 2025 Page 2 Committee of Adjustment Meeting 5. At the time of writing this report, Staff have received a letter from a neighbor in opposition to the consent and minor variance applications. Concerns were related to the lot sizes and the impact on their property. 6. Staff recommends that consent applications B2025-0012-to-B2025-0013 be approved subject to the conditions noted in the staff report. Discussion: D LeBlanc spoke in opposition to both consent applications. D LeBlanc shared concerns regarding the proposed parceling of two properties adjacent to their home. The resident noted that the area in question encompasses the backyard of the neighboring property and runs alongside their own home. They stated that, based on grandfathered zoning rights—particularly relating to 5 Lynwood Avenue—no additional housing was permitted to be developed on the subject property. This restriction was reportedly due to existing sewer infrastructure along the property's frontage on Lynwood Avenue. D Eastman asked a question to Staff – Based on D Hickey’s comments, can Staff comment on the sewers that run along Lynwood Avenue, and clarify if there is holding on the zoning on the subject property? J Circo responded – Yes, water and sanitary servicing is available off the portion of the property having frontage along Westmore Street to service the proposed retained and severed parcels. Furthermore, there is no holding symbol on the zoning of the property. Our Development Engineering Division has no concerns with regards to the proposed consent applications from an infrastructure/servicing standpoint. Luke and Jonah Szent-Ivany 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. Following the presentation, the Committee did not raise any questions or concerns. Motion to approve B-2025-0012 and B-2025-0013 as recommended by Committee Member Shelley Pojola, seconded by Committee Member Brad Whittle. Time approved: 6:51 P.M. Full text of Decision: “That consent applications B2025-0012 and B2024-0013 be approved subject to the conditions in the staff report Minutes –April 24, 2025 Page 2 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 Department, financial and otherwise as detailed in the Development Engineering letter, dated March 31, 2025. 2. That the applicant satisfies all the requirements of the Regional Municipality of Durham’s Health Department, concerning the provision of regional services, financial and otherwise as detailed in the Regional Community Growth & Economic Development Department letter, dated April 22, 2025. 3. That the applicant satisfies all the requirements of the Regional Municipality of Durham’s Works Department, concerning the provision of regional services, financial and otherwise as detailed in the Regional Works Department letter, dated April 22, 2025. 4. The owner, applicant or agent must enter into a consent agreement with the Municipality of Clarington. 5. The owner, applicant or agent must provide a draft Reference Plan with the application which will be reviewed by the Planning and Infrastructure Department and approved by the Municipality prior to registration; Registration of this Reference Plan is done by the owner, applicant or agent’s surveyor at the expense of the owner/applicant or agent and shall be completed prior to the registration of the consent agreement. 6. All taxes shall be paid in full to the Municipality of Clarington prior to the issuance of a clearance letter. 7. Once all other conditions have been satisfied, the applicant shall engage their solicitor to provide the Municipality with: a. The original executed transfer/deed a duplicate original and one (1) photocopy; b. One copy of the registered reference plan; c. An accompanying letter with a request that the severing transfer/deed be stamped. Section 2: Planning Requirements 8. Agent/owner is required to submit a minor variance application to seek approval from the Committee of Adjustment for a reduction in the minimum required lot area and lot frontage as per Section 12.4.32 of Zoning By-law 84-63 for the proposed two severed parcels. In order to clear this condition, the minor variance application is to be approved and become final and binding after a 20-day mandatory appeal period. 9. The applicant shall ensure that any new lots created through a severance, whether retained or severed, comply with the applicable provisions of Zoning By-law 84-63. Minutes –April 24, 2025 Page 2 Committee of Adjustment Meeting 10. The applicant shall remove the dwelling and accessory buildings or structures from the proposed retained and severed lots. 11. To ensure that any new lot created through severance, whether retained or severed comply with all applicable provisions of Zoning By-law 84-63. Staff will review the registered reference plan once submitted to ensure compliance with all applicable zoning provisions. 12. The agent/owner is required to remit payment of the outstanding Region of Durham Health Department commenting fee of $915. Furthermore, the agent/owner is required to have septic system be removed at the satisfaction of the Municipality of Clarington and Region of Durham Health Department prior to the registration of the consent agreement. 13. The agent/owner is required to have all 3 proposed lots to be connected to municipal water and municipal sanitary services prior to the registration of the consent agreement at the satisfaction of the Municipality of Clarington and Region of Durham Works Department. 14. The Owner shall provide a cash-in-lieu of parkland payment in accordance with Section 53(12.1) and (13) of the Planning Act and the Municipality of Clarington’s Parkland Dedication By-law and is based on the value of the lands on the day before the issuance of the first building permit. The value of the lands shall be supported by a certified land appraisal, to the satisfaction of the Deputy CAO of Planning and Infrastructure Services. Advisory Notes 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 B-2025-0012 and B-2025- 0013 on April 24, 2025. Committee Member Yes No Wendy Partner Absent Dave Eastman Minutes –April 24, 2025 Page 2 Committee of Adjustment Meeting Noel Gamble Absent Shelley Pohjola Todd Taylor Gord Wallace Absent Brad Whittle “Carried” 6. Minute Recess @ 6:52 P.M. and the meeting resumed at 6:57 P.M. 7. Declaration of Interest for Minor Variance Applications None 8. Minor Variance Applications 7.1 File: A-2025-0003, A-2025-0004 and A-2025-0005 Owner/Agent: Craig Noftle Staff: Akibul Hoque Address: 287 Liberty St. N, Bowmanville Application: 1. The purpose of the application is to facilitate the creation of semi-detached dwelling lots by reducing minimum lot area, minimum lot frontage, and increasing rear balcony projections as follows: a. A2025-0003- A2025-0004: To reduce minimum lot area from 550 square metres to 411.20 square metres, to reduce minimum lot frontage from 18 metres to 15.58 metres, and to increase the rear balcony projection from 1.5 metres to 2.35 metres (Lot 1 and Lot 2-Parts 1, 2,3,4); b. A2025-0005: To reduce minimum lot area from 550 square metres to 435.3 square metres, to reduce minimum lot frontage from 18 metres to 16.54 metres, and to increase the rear balcony projection from 1.5 metres to 2.20 metres (Lot 3- Parts 5 and 6). Minutes –April 24, 2025 Page 2 Committee of Adjustment Meeting 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. Comments were received in opposition to the application from members of the public. The concerns are related to balcony projections and privacy. 5. Staff recommend that applications A2025-0003, A2025-0004 & A2025-0005 for a Minor Variance to Section 12.2.a.ii), Section 12.2.b.ii) and Section 3.1.g.iv) of Zoning By-law 84-63 be approved. Discussion: A member of the public spoke in opposition to the proposal. C. Henry (speaking on behalf of his father)- He is concerned with the lot frontages and increased balcony projections. He is concerned that there are single family homes situated behind 287 Liberty Street, and the proposed balconies would cause privacy concerns. C. Noftle spoke and provided an overview of the application. The owner/owner states that they have read and agreed to the conditions of the Staff’s recommendation. C. Noftle: Regarding the balcony projections concerns, with all due respect, these projections are intended to provide a bit more space for the upper units. Given that the properties are semi-detached dwellings with accessory units in the basement, the goal is simply to provide more room for the future residents. D Eastman to applicant: Are there additional dwelling units proposed for these semi- detached dwellings? Are the balconies proposed on the second or third floor? C. Noftle: Correct, additional dwelling units (ADUs) are proposed in the basement of the semi-detached dwellings, and the balconies are proposed on the second floor. B. Whittle to Staff: Are height variances required for these proposals? A. Hoque: No height variances are required for these proposals at this time. Motion to approve A-2025-0003, A-2025-0004 and A-2025-0005 as recommended by Shelley Pohjola, seconded by Dave Eastman. Time approved 7:11pm. Minutes –April 24, 2025 Page 2 Committee of Adjustment Meeting Full text of Decision: A minor variance application to facilitate the creation of semi-detached dwelling lots by reducing minimum lot area, minimum lot frontage, and increasing rear balcony projections as follows: A2025-0003- A2025-0004: To reduce minimum lot area from 550 square metres to 411.20 square metres, to reduce minimum lot frontage from 18 metres to 15.58 metres, and to increase the rear balcony projection from 1.5 metres to 2.35 metres (Lot 1 and Lot 2-Parts 1, 2,3,4). A2025-0005: To reduce minimum lot area from 550 square metres to 435.3 square metres, to reduce minimum lot frontage from 18 metres to 16.54 metres, and to increase the rear balcony projection from 1.5 metres to 2.20 metres (Lot 3- Parts 5 and 6). 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 A-2025-0003, A-2025-0004 and A-2025-0005 on April 24, 2025. Committee Member Yes No Wendy Partner Absent Dave Eastman Noel Gamble Absent Shelley Pohjola Todd Taylor Gord Wallace Absent Brad Whittle “Carried” 7.2 File: A-2025-0007 Owner: Howard Li - Plainview Heights Property Ltd. Agent: Paul M DeMelo, Kagan Shastri DeMelo Winer Park LLP Staff: Hebah Masood Address: 210, 102, 106, 110, 114, 118, 122, 126, 130, 134 and 138 Jacob Crane Drive, hereby referred to as Plan 40M2759 Lots 38-48, Newcastle, ON Application: 1. The purpose of the application is to facilitate Plainview Heights Phase 2, at Plan 40M2759 Lots 38-48 by proposing to: Minutes –April 24, 2025 Page 2 Committee of Adjustment Meeting a. decrease the minimum soft landscaping within the front yard or exterior side yard from 40% to 35%; b. increase the maximum lot coverage of the dwelling from 40% to 48%; c. increase the maximum lot coverage for the total of all buildings and structures from 45% to 50%; d. increase the maximum outside width of the garage from 45% to 62% of the width of the property; e. decrease the rear yard setback from 7.5 metres to 7 metres; f. increase the driveway width from 4.6 metres to 6 metres 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. One comment was received on the application. The nature of the comment was inquiring about the nature of the proposed development on the property. 5. Staff recommends that application A2025-0007 for a Minor Variance to Section Zoning By-Law 84-63 Sections 13.4.71, 13.2, and Section 3.16.c.iii as amended by By-law 2024-032 be tabled for a period of up to 30 days. Staff have received all the required information from the applicant and will have a recommendation ready for the May 22, 2025 Committee of Adjustment meeting. Discussion: No members of the public spoke regarding this application. The agent, P. DeMelo, 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. Following the presentation, the Committee did not raise any questions or concerns. Motion to table A-2025-0007 for 30 days as recommended by Dave, seconded by Shelley. Time tabled 7:17pm Full text of Decision: A minor variance application to facilitate Plainview Heights Phase 2, at Plan 40M2759 Lots 38-48. The application proposes to: a) decrease the minimum soft landscaping within the front yard or exterior side yard from 40% to 35%; b) increase the maximum lot coverage of Minutes –April 24, 2025 Page 2 Committee of Adjustment Meeting the dwelling from 40% to 48%; c) increase the maximum lot coverage for the total of all buildings and structures from 45% to 50%; d) increase the maximum outside width of the garage from 45% to 62% of the width of the property; e) decrease the rear yard setback from 7.5 metres to 7 metres; f) increase the driveway width from 4.6 metres to 6 metres. 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 A-2025-0007 on April 24, 2025. Committee Member Yes No Wendy Partner Absent Dave Eastman Noel Gamble Absent Shelley Pohjola Todd Taylor Gord Wallace Absent Brad Whittle “Carried” 7.3 File: A-2025-0008 and A-2025-0009 Owner: Howard Li - Plainview Heights Property Ltd. Agent: Paul M DeMelo, Kagan Shastri DeMelo Winer Park LLP Staff: Hebah Masood Address: 42, 46, 50, 54, 58, 94, 98 and 102 Robert Woodward Trail; 112, 116, 120, 124 and 128 Ronald Hooper Avenue; 119, 175 and 179 Northglen Boulevard; 262, 266, 263 and 259 Crombie Street, hereby referred to as Lot 13 Concession 2, Lots 1, 10-11, 13-14, 28-29 and 36-48), Bowmanville, ON Application: 1. Files A2025-0007 and A2025-0008 for 2, 46, 50, 54, 58, 94, 98 and 102 Robert Woodward Trail; 112, 116, 120, 124 and 128 Ronald Hooper Avenue; 119, 175 and 179 Northglen Boulevard; 262, 266, 263 and 259 Crombie Street hereby referred to as Lot 13 Concession 2, Lots 1, 10-11, 13-14, 28-29 and 36-48), Bowmanville, ON. Minutes –April 24, 2025 Page 2 Committee of Adjustment Meeting The purpose of A2025-0008 is to facilitate Treasure Hill Bowmanville Incorporated Lot 13 Concession 2 Lots 36-48. The application proposes to: a. decrease the minimum soft landscaping within the front yard or exterior side yard from 40% to 33%; b. increase the maximum lot coverage of the dwelling from 40% to 45%; c. increase the maximum lot coverage for the total of all buildings and structures from 45% to 47%; and d. increase the maximum outside width of the garage from 4 metres to 6.2 metres. The purpose of A2025-0009 is to facilitate Treasure Hill Bowmanville Incorporated Lot 13 Concession 2 Lots 1, 10-14, 28-29. The application proposes to: a. decrease the minimum soft landscaping within the front yard or exterior side yard from 40% to 33%; b. decrease the rear yard setback from 7.5 metres to 6.5 metres; c. increase the maximum lot coverage of the dwelling from 40% to 50%; d. increase the maximum lot coverage for the total of all buildings and structures from 45% to 52%; and e. increase the maximum outside width of the garage from 6.4 metres to 9.4 metres. 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 applications A2025-0008 and A2025-0009 for a Minor Variance to Zoning By-Law 84-63 Sections 13.4.55, 13.4.57, 13.2, and Section 3.16.c.iii as amended by By-law 2024-032 be tabled for a period of up to 30 days. Staff have received all the required information from the applicant and will have a recommendation ready for the May 22, 2025 Committee of Adjustment meeting. Discussion: No members of the public spoke regarding this application. The agent, Paul DeMelo, 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. Following the presentation, the Committee did not raise any questions or concerns. Minutes –April 24, 2025 Page 2 Committee of Adjustment Meeting Motion to table A-2025-0007 for 30 days as recommended by Brad, seconded by Dave. Time tabled 7:24pm Full text of Decision: That application A2025-0008 for a minor variance to Zoning By-Law 84-63 Sections 13.4.57, and Section 3.16.c.iii as amended by By-law 2024-032 to facilitate Treasure Hill Bowmanville Incorporated Lot 13 Concession 2 Lots 36-48 by. a) decreasing the minimum soft landscaping within the front yard or exterior side yard from 40% to 33%; b) increasing the maximum lot coverage of the dwelling from 40% to 45%; c) increasing the maximum lot coverage for the total of all buildings and structures from 45% to 47%; and that application A2025-0009 for a minor variance to Zoning By-Law 84-63 Sections 13.4.55 and 13.2, as well as Section 2 and 3.16.c.iii as amended by By-law 2024-032 to facilitate Treasure Hill Bowmanville Incorporated Lot 13 Concession 2 Lots 36-48 by: a) decreasing the minimum soft landscaping within the front yard or exterior side yard from 40% to 33%; b) decreasing the rear yard setback from 7.5 metres to 6.5 metres; c) increasing the maximum lot coverage of the dwelling from 40% to 50%; d) increasing the maximum lot coverage for the total of all buildings and structures from 45% to 52%; and e) increasing the maximum outside width of the garage from 6.4 metres to 9.4 metres. 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 A-2025-0007 on April 24, 2025. Committee Member Yes No Wendy Partner Absent Dave Eastman Noel Gamble Absent Minutes –April 24, 2025 Page 2 Committee of Adjustment Meeting Shelley Pohjola Todd Taylor Gord Wallace Absent Brad Whittle “Carried” 7.2 File: A-2025-0010 and A-2025-0011 Owner/Agent: Jan Choi and Ryan Farrow Staff: Akibul Hoque Address: 18 Rose Cresent, Newtonville Application: 1. The purpose of the application is to reduce the minimum lot area from 4000 square meters to 2448.5 square meters on the severed lot and to reduce minimum lot area from 4000 square meters to 2447.3 square meters on the retained lot in the associated consent application (B2025-0011). 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. Comments were received from external agencies and internal departments. The Regional Health Department comments noted that they require a peer review by one of the Region’s Peer Review Consultants of the Hydrogeological Study to be conducted, to the Region of Durham and Municipality of Clarington’s satisfaction. 4. No comments were received in opposition to the application from members of the public. 5. Based on the Regional Health Department comments, staff recommend tabling of the minor variance application for a period of up to one (1) year and no later than April 2026. Discussion: No members of the public spoke regarding this application. The applicant, Lynda Farrow, spoke and provided an overview of the application. The applicant states that they have read and agreed to the conditions of the Staff’s recommendation. Minutes –April 24, 2025 Page 2 Committee of Adjustment Meeting D. Eastman to applicant: Referring to the background section of the staff report, it appears that there is an existing accessory building situated on the property without a principal dwelling, which is not permitted by the Zoning By-Law. Can we confirm? L. Farrow responded: The accessory structure is located on the retained lot and is grandfathered into the property, as it was established prior to the implementation of the Clarke Zoning By-Law. Motion to table A-2025-0010 and A-2025-0011 as recommended by Shelley Pohjola, seconded by Dave Eastman. Time tabled 7:30pm. Full text of Decision: That application A2025-0010 & A2025-0011, for a Minor Variance to Section 9.2.a. of Zoning By-law 84-63, to reduce the minimum lot area from 4000 square meters to 2448.5 square meters on the severed lot and to reduce minimum lot area from 4000 square meters to 2447.3 square meters on the retained lot in the associated consent application (B2025-0011), be tabled for a period of up to one (1) year and no later than April 2026. 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 A-2025-0010 and A-2025- 0011 on April 24, 2025. Committee Member Yes No Wendy Partner Absent Dave Eastman Noel Gamble Absent Shelley Pohjola Todd Taylor Gord Wallace Absent Brad Whittle “Carried” 7.2 File: A-2025-0012 Owner/Agent: Harry Olsen Staff: Akibul Hoque Address: 4488 Reid Road, Clarke Minutes –April 24, 2025 Page 2 Committee of Adjustment Meeting Application: 1. The purpose of the application is to facilitate the construction of an addition to an existing detached garage by increasing the maximum permitted accessory total floor area from 90 square metres to 235 square metres and by increasing the maximum permitted accessory building height from 4.5 metres to 6.55 metres. 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. Comments were outstanding from the Ganaraska Region Conservation Authority (GRCA). 4. No comments were received in opposition to the application from members of the public. 5. Staff recommend that application A2025-0012 for a Minor Variance to Section 3.1.c of Zoning By-law 84-63 be approved. Discussion: No members of the public spoke regarding this application. The applicant/owner, Harry Olson, spoke and provided an overview of the application. The owner/applicant states that they have read and agreed to the conditions of the Staff’s recommendation. D. Eastman to staff- The Ganaraska Region Conservation Authority (GRCA) comments are outstanding, should we be concerned? A. Hoque responded- The Ganaraska Region Conservation Authority (GRCA) was circulated for comments; however, staff did not receive their comments by the commenting deadline. As such, the applicant is required to get in touch with the GRCA prior to and/or at the building permit stage to determine if a GRCA permit is required. The GRCA will review the proposal in relation to their policies/regulations. Motion to approve A-2025-0012 as recommended by Brad Whittle, seconded by Dave Eastman. Time approved 7:38pm Full text of Decision: That application A2025-0012, for a Minor Variance to Section 3.1.c of Zoning By-law 84- 63, to facilitate the construction of an addition to an existing detached garage by increasing the maximum permitted accessory total floor area from 90 square metres to 235 square metres and by increasing the maximum permitted accessory building height from 4.5 metres to 6.55 metres, be approved as it maintains the general intent and purpose of the Clarington Official Plan, and the Zoning By-law 84-63, desirable for the appropriate development or use of the land and minor in nature. Minutes –April 24, 2025 Page 2 Committee of Adjustment Meeting 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 A-2025-0012 on April 24, 2025. Committee Member Yes No Wendy Partner Absent Dave Eastman Noel Gamble Absent Shelley Pohjola Todd Taylor Gord Wallace Absent Brad Whittle “Carried” 7.2 File: A-2025-0014 and A-2025-0016 Owner/Agent: Jonah Szent-Ivany Staff: Ainsley Johnston Address: 5 Lynwood Avenue, Courtice Application: 1. The purpose of the application is to facilitate the creation of two new lots, Parts 2 and 3 of the Draft Reference Plan, for associated Consent Applications B2025-0012 & B2025- 0013 by reducing the minimum lot area from 560 square metres to 390.08 square metres and by reducing the minimum lot frontage from 16 metres to 12.19 metres, and to facilitate the development of single detached dwellings on the lots by increasing the maximum total lot coverage for the dwelling from 30% to 40%, and to increase the maximum total lot coverage for all buildings and structures from 40% to 45%. 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 –April 24, 2025 Page 2 Committee of Adjustment Meeting 4. One comment was received in opposition to the application from members of the public. The nature of the concerns was that the development is a major renovation through the demolition of the existing dwelling with construction of two new dwellings. 5. Staff recommends that application A2025-0014 & A2025-0016 for Minor Variance to Sections 12.4.32.a, 12.4.32.b.i., 12.4.32.d.i., and 12.4.32.d.ii of Zoning By-law 84-63 be approved subject to the conditions in the Staff Report. Discussion: One member of the public who is the owner of the neighbouring property at 8 Westmore Street, D. LeBlanc, spoke in opposition to the development with concerns surrounding creating three homes. The member of the public stated they are unable to determine if the proposed frontages go beyond the property lines of the other four homes [fronting onto the north side of Westmore Street]. They asked questions on where the existing mailbox and fire hydrant will be placed and expressed concerns that their backyard looks into the back of the three proposed homes. D. Eastman asked Member of the Public: Your side yard looks into? D. LeBlanc: Side yard looks into backyard of 5 Lynwood. D. Eastman asked the member of the public for clarification on how the proposed houses are looking into their backyard if the three proposed homes are fronting onto Westmore. D. LeBlanc: Our backyard looks into the back of the house D. Eastman: Okay, thank you. Chair asked if there are any other questions. S. Pohjola to Staff: The lady mentioned concerns regarding Canada Post and fire. Can you speak to those issues? I see that the report says no comments or concerns regarding either. It would be helpful. A. Johnston: Canada Post was circulated and they provided no comments or concerns. The applicant will have to work with Canada Post on relocating the mailbox. Regional Works had no comments or concerns regarding the fire hydrant. D. LeBlanc asked Staff: Where are they going to be placed? A. Johnston: Applicant will have to work with Works as they did not provide Staff any comments or conditions. D. LeBlanc asked Staff: The proposed three homes are in line with the current homes? Minutes –April 24, 2025 Page 2 Committee of Adjustment Meeting A. Johnston: The three proposed homes are fronting onto Westmore and are in alignment with the member of the public’s home. For clarification to the committee, the backyard she has been referring to is the existing backyard for the existing dwelling on Lynwood. The backyards of the proposed dwellings will be in alignment with neighbouring backyard. D. Eastman to Staff: What is the backyard of the property now will be the side yard for the member of the public once these homes are built. It will be side yard to side yard? A. Johnston: The Site Plan attached in the Staff Report shows where the existing backyard is, is essentially where the two new lots will be located. The interior side yards are in alignment with the member of the publics interior side yard. D. Eastman: A number of comments are outstanding. Are there any concerns they can be adversely affecting the application? A. Johnston: For the comments outstanding, there are no concerns. There is a condition in the Staff Report for the land division application in regards to Health’s comments. The circulation email noted that if there are no comments received, it will be interpreted as there are no concerns. D. Eastman: It might be more appropriate under comments, if there are ones outstanding and Staff are sure there are no concerns, to list them as no concerns. There are multiple outstanding comments and it is a red flag. A. Johnston: We interpret that as no concerns. D. Eastman: Should it not be marked as no concerns? Chair asked S. Parish to comment. S. Parish: Moving forward in future reports, Staff can note it as no concerns. D. Eastman: Thank you. It is more clear for the Committee if Staff are confident there are no problems that marking it as no concerns is more appropriate. J. Circo: Staff received Fire’s comments and there are no concerns or objections. Chair turned it over to the applicant to come forward and address the Committee. The applicant/owners, Jonah and Luke Szent-Ivany, spoke and provided an overview of the application. L. Szent-Ivany: The two lots will mirror the look and plan of existing homes fronting onto Westmore and provided clarification that the existing backyard on Lynwood will be the side yards. The applicants will work with Canada Post for relocation of the mailbox. Minutes –April 24, 2025 Page 2 Committee of Adjustment Meeting J. Szent-Ivant: Applicants are looking to conform with the existing neighbourhood and mirror the houses fronting onto Westmore including landscaping and the driveway. D. Eastman asked the Applicants to confirm they are aware of the two conditions in the Staff Report to remove the single detached dwelling and the accessory structure. J. Szent-Ivany: Agree with conditions. Motion to approve A2025-0014 and A2025-0016 as recommended by Dave Eastman, seconded by Shelley Pohjola. Time approved 7:52 P.M. Full text of Decision: That Minor Variance Application A2025-0014 for variances to Section 12.4.32.a. by reducing the minimum lot area from 560 square metres to 390.08 square metres, Section 12.4.32.b.i. by reducing the minimum lot frontage from 16 metres to 12.19 metres, Section 12.4.32.d.i. by increasing the maximum lot coverage for the dwelling from 30% to 40%, and Section 12.4.32.d.ii by increasing the maximum total lot coverage for all buildings and structures from 40% to 45% within Zoning By-law 84-63 to facilitate the severance of Part 2 on the draft reference plan and the construction of a single detached dwelling be approved subject to the following condition; a. That the applicant must demolish the existing single detached dwelling on the proposed retained and severed parcel; a demolition permit is required. b. That Minor Variance Application A2025-0016 for variances to Section 12.4.32.a. by reducing the minimum lot area from 560 square metres to 390.08 square metres, Section 12.4.32.b.i. by reducing the minimum lot frontage from 16 metres to 12.19 metres, Section 12.4.32.d.i. by increasing the maximum lot coverage for the dwelling from 30% to 40%, and Section 12.4.32.d.ii by increasing the maximum total lot coverage for all buildings and structures from 40% to 45% within Zoning By-law 84-63 to facilitate the severance of Part 3 on the draft reference plan and the construction of a single detached dwelling be approved subject to the following condition; c. That the applicant must demolish the existing accessory structure on the proposed parcel; a demolition permit is required as it maintains the general intent and purpose of the Clarington Official Plan, maintains the general intent and purpose of Zoning By-law 84-63, is desirable for the appropriate development or use of the land, and is minor in nature. 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 A2025-0014 and A2025- 0016 on April 24, 2025. Minutes –April 24, 2025 Page 2 Committee of Adjustment Meeting Committee Member Yes No Wendy Partner Absent Dave Eastman Noel Gamble Absent Shelley Pohjola Todd Taylor Gord Wallace Absent Brad Whittle “Carried” 7.2 File: A-2025-0015 Owner/Agent: Emily Santos Staff: Akibul Hoque Address: 6100 Henry Road, Darlington Application: 1. The purpose of the application is to facilitate the construction of a detached garage by increasing the maximum permitted accessory total floor area from 90 square metres to 160 square metres and by increasing the maximum permitted garage height from 5 metres to 6 metres. 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. Comments were outstanding from the Durham Region Health Department. 4. One inquiry was received from a member of the public inquiring about the minor variance proposal; however, no concerns or objections were raised for the application. 5. Staff recommend that application A2025-0015 for a Minor Variance to Section 4.1.3 of Zoning By-law 2005-109 be approved. Minutes –April 24, 2025 Page 2 Committee of Adjustment Meeting Discussion: No members of the public spoke regarding this application. The applicant/owner, Emily Santos, 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. Following the presentation, the Committee did not raise any questions or concerns. Motion to approve A-2025-0015 as recommended by Shelley Pohjola, seconded by Dave Eastman. Time approved 7:58pm Full text of Decision: That application A2025-0015, for a Minor Variance to Section 4.1.3 of Zoning By-law 2005- 109 to facilitate the construction of a detached garage by increasing the maximum permitted accessory total floor area from 90 square metres to 160 square metres and by increasing the maximum permitted garage height from 5 metres to 6 metres be approved, as it maintains the general intent and purpose of the Clarington Official Plan and Zoning By-law 2005-109, is desirable for the appropriate development or use of the land and is minor in nature. 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 A-2025-0015 on April 24, 2025. Committee Member Yes No Wendy Partner Absent Dave Eastman Noel Gamble Absent Shelley Pohjola Todd Taylor Gord Wallace Absent Brad Whittle “Carried” Minutes –April 24, 2025 Page 2 Committee of Adjustment Meeting 8. Adoption of Minutes of Previous Meeting, March 27, 2025. Note: Deferred to the May 22, 2025, Committee of Adjustment meeting, since only two members; D. Eastman and T. Taylor were present at the March 27, 2025, meeting. 9. Other Business T. Taylor called upon the Secretary- Treasurer for new business. S. Parish- Staff noted that if a committee member is not attending meetings or responding, the committee can decide how to proceed. If removal is recommended, staff must be informed, and a report must go to Council. Additionally, staff noted, following a discussion between D. Eastman and Staff prior to the meeting, that if a recirculation fee is ever required, it will be identified and included within the staff report and committee motion. Chair T Taylor asked if there is any further business. D. Eastman- Expressed concerns about committee attendance and emphasized that while occasional absences are understandable, members are committed to participating when they joined. Meeting dates are provided well in advance, and members should make every effort to attend. B Whittle responded- Wanted to clarify if Committee Meetings will be held in person going forward? S. Parish responded – It is up to the Committee to decide if meetings are to remain hybrid or in person. S. Pojhola added – Is there any concerns from Council on Committee of Adjustment attendance? S. Parish responded– Not aware of any concerns from Council regarding the Committee attendance. 10. Adjournment Last Date of Appeal for tonight’s minor variance applications: May 14, 2025 Next Meeting: May 22, 2025. Chair Todd Taylor asked for a motion from the Committee. Motion to adjourn the meeting was moved by Dave Eastman, seconded by Brad Whittle. “That the April 24, 2025, Committee of Adjustment be adjourned. Time is 8:05pm” “Carried”