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HomeMy WebLinkAbout2025-10-25 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, October 23, 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 Nicklaus Gibson Acting Secretary-Treasurer Shirja Vora Acting Secretary-Treasurer Akibul Hoque Acting Secretary-Treasurer Todd Taylor Chair Wendy Partner Member Dave Eastman Member Noel Gamble Member Gord Wallace Member Brad Whittle Member Absent with Regrets: 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 “None” Minutes –October 23, 2025 Page 2 Committee of Adjustment Meeting 4. Consent Applications: 4.1 File Number: B-2025-0019 to B-2025-0021 Owner/Agent: David Pearce Staff: Shrija Vora Address: 2528 Prestonvale Road, Courtice Application: 1. The purpose of the application is to facilitate creation of three new residential lots. As proposed, the severed and retained 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. 2. Planning staff would like to note that, upon further review and careful consideration, a minor variance is not required for the proposed corner lot frontage (Part 1 of the draft reference plan), as referenced under Section 8 of Zoning By-law 84-63 in the staff report. 3. To clarify, according to the definition of lot frontage in the zoning by-law, where the front lot line is not a straight line, the lot frontage is measured along a line parallel to the chord of the lot frontage and set 6 metres back from the front lot line. The chord of the lot frontage is defined as a straight line joining the points where each side lot line intersects the front lot line. Based on this measurement method, the proposed lot frontage is considered to be in compliance with the zoning requirements. 4. 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. 5. No comments were received in opposition to the application from external agencies or internal departments. 6. No comments were received in opposition to the application from members of the public; 7. 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 agent stated that they have read and agreed to the conditions of the Staff’s recommendation. Following the presentation, Noel Gamble asked the agent and staff if the property has any heritage designation to which Staff confirmed that the property does not hold any heritage designation, nor is it on the Heritage properties inventory. Following to this, no questions or concerns were raised by the Committee members. Minutes –October 23, 2025 Page 3 Committee of Adjustment Meeting Motion to approve B-2025-0019 to B-2025-0021 as recommended by Dave Eastman seconded by Wendy Partner. Time approved 6:42 pm. Full text of Decision: 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. 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 October 10, 2025. 2. 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 letter dated October 20, 2025. This is to be confirmed by obtaining a clearance letter from the Region and submitted to the Municipality. 3. 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. 4. The owner, applicant or agent must enter into a consent agreement with the Municipality of Clarington. 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. Minutes –October 23, 2025 Page 4 Committee of Adjustment Meeting 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. 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-2025-0019 to B-2025-0021 on October 23, 2025. Committee Member Yes No Wendy Partner Dave Eastman Noel Gamble Shelley Pohjola Absent Todd Taylor Gord Wallace Conflict of Interest Brad Whittle Minutes –October 23, 2025 Page 5 Committee of Adjustment Meeting “Carried” 5. Declaration of Interest for Minor Variance Applications 6. Minor Variance Applications Motion to lift A-2025-0034 as recommended by Wendy Partner, seconded by Noel Gamble. Time lifted 6:45pm. Committee Member Yes No Wendy Partner Dave Eastman Noel Gamble Shelley Pohjola Absent Todd Taylor Gord Wallace Brad Whittle 7.1 File: A-2025-0034 Owner/Agent: Ken Costello Staff: Akibul Hoque Address: 2366 Highway 2, Bowmanville Application: 1. The first application before the Committee this evening is file A2025-0034 for 2366 Highway 2, Bowmanville. Please note that the application was tabled on September 25, 2025. 2. The purpose of the application is 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. Minutes –October 23, 2025 Page 6 Committee of Adjustment Meeting 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. 5. At the time of writing the tabling 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. However, at the time of writing the current recommendation report, no concerns or objections were raised for the application. 6. Staff recommend that application A2025-0034 for a Minor Variance to Section 22B.4.3.a.iv) of Zoning By-law 84-63 be approved. Discussion: No members of the public spoke regarding this application. The applicant, Ken Costello, spoke and provided an overview of the application. The applicant stated that they have read and agreed to the conditions of the Staff’s recommendation. G. Wallace asks: The variance is requesting to change the number of commercial units from 12 units to 14 units in the Plaza, although the site plan indicates 17 units? Can we clarify? K. Costello responds: The variance applies to commercial units with floor areas between 100 and 300 square metres. There are currently 13 such units in the Plaza, while the remaining units beyond the proposed 14 are over 300 square metres in size. G. Wallace asks: Given the 13 existing units, why isn’t the variance increasing the commercial unit count from 13 units to 14 units. S. Gattie clarifies: A variance should have been applied to capture the existing 13th unit in the Plaza several years ago. However, the current variance captures this, bringing the total to 14 units with floor areas between 100 and 300 square metres. G. Wallace: Thank you. Motion to approve A-2025-0034 as recommended by Gord Wallace, seconded by Dave Eastman. Time approved 6:54pm. Minutes –October 23, 2025 Page 7 Committee of Adjustment Meeting Full text of Decision: 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 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-2025-0034 on October 23, 2025. Committee Member Yes No Wendy Partner Dave Eastman Noel Gamble Shelley Pohjola Absent Todd Taylor Gord Wallace Brad Whittle “Carried” 7.2 File: A-2025-0041 Owner/Agent: Edwin Tesser Staff: Nicklaus Gibson Address: 608 Mill Street, Newcastle Application: 1. The purpose of the application is to facilitate the construction of a detached garage by increasing the maximum accessory floor area from 90 square metres to 106 square metres. Minutes –October 23, 2025 Page 8 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. No comments were received in opposition to the application from members of the public. 5. Staff recommends that application A2025-0041 for a Minor Variance to Section 3.1 c) be approved on October 23rd, 2025. Discussion: No members of the public spoke regarding this application. The applicant, Edwin Tesser 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. Wendy Partner: Through you, Mr. Chair. I’d like to know something about the detached garage. The detached garage is only 104 square feet less than your existing home. Is that correct? Nicklaus Gibson: Through you, Mr. Chair. I’ve reviewed the building permit application on file for this property, and the existing house is 1248 square feet which is 116 square metres. Therefore, the detached garage will remain secondary to the main principal dwelling in terms of scale and size but yes, is only approximately 104 square feet less then the primary dwelling. Wendy Partner: Through you, Mr. Chair. Will there be an ADU in the detached garage? Edwin Tesser: No, there will not be an ADU going in the detached garage. It’s just for vehicles. Motion to approve A-2025-0041 as recommended by Noel Gamble, seconded by Gord Wallace. Time approved: 6:59pm Full text of Decision: 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. 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-2025-0041 on October 23, 2025. Minutes –October 23, 2025 Page 9 Committee of Adjustment Meeting Committee Member Yes No Wendy Partner Dave Eastman Noel Gamble Shelley Pohjola Absent Todd Taylor Gord Wallace Brad Whittle “Carried” 7.3 File: A-2025-0042 Owner/Agent: Kalaicheivan Kanagartanam Staff: Nicklaus Gibson Address: 121 East Shore Drive, Bowmanville Application: 1. The purpose of the 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. 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 recommends that application A2025-0042 for a Minor Variance to Section 3.1 g. iv) be tabled for a period of up to 90 days and no later than January 2026. Discussion: No members of the public spoke regarding this application. Minutes –October 23, 2025 Page 10 Committee of Adjustment Meeting The applicant, Kalaicheivan Kanagartanam 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-2025-0042 for a period of up to 90 days as recommended by Gord Wallace, seconded by Dave Eastman. Time: 7:06pm Full text of Decision: 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 than January 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-2025-0042 on October 23, 2025. Committee Member Yes No Wendy Partner Dave Eastman Noel Gamble Shelley Pohjola Absent Todd Taylor Gord Wallace Brad Whittle “Carried” 8. Adoption of Minutes of Previous Meeting, September 25, 2025 Chair Todd Taylor asked for a motion from the Committee. Motion to adopt minutes from September 25, 2025, Committee of Adjustment Meeting was moved by Wendy Partner, seconded by Dave Eastman. Time approved 7:07pm. Minutes –October 23, 2025 Page 11 Committee of Adjustment Meeting “That the minutes of the Committee of Adjustment, held on September 25, 2025, be approved.” “Carried” 9. Other Business “None” 10. Adjournment Last Date of Appeal for tonight’s consent application: November 17, 2025 Last Date of Appeal for tonight’s minor variance applications: November 12, 2025 Next Meeting: Wednesday November 26, 2025 Chair Todd Taylor asked for a motion from the Committee. Motion to adjourn the meeting was moved by Noel Gamble, seconded by Dave Eastman. “That the October 23, 2025, Committee of Adjustment be adjourned. Time is 7:09pm” “Carried”