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HomeMy WebLinkAbout2025-11-26 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 Wednesday, November 26, 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 Akibul Hoque Acting Secretary-Treasurer Nicklaus Gibson Acting Secretary-Treasurer Hebah Masood Acting Secretary-Treasurer Todd Taylor Chair Wendy Partner Member Dave Eastman Member Noel Gamble Member Shelley Pohjola Member Brad Whittle Member Absent with Regrets: 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” Minutes – November 26, 2025 Page 2 Committee of Adjustment Meeting 4. Consent Applications: 4.1 File Number: B-2025-0023 Owner/Agent: David Pearce Staff: Hebah Masood Address: 1995 to 1999 Highway 2, Courtice Application: 1. The proposed consent application before the Committee this evening is B2025-0023 for 1995 Highway 2. 2. The application seeks consent to facilitate a lot line adjustment that would result in 1.06 acres of lot area being transferred from 1999 Highway 2 to 1995 Highway 2 in Bowmanville. 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. No comments were received in opposition to the application from the public. 6. Staff recommends that the application be approved, subject to the conditions noted in the staff report. Discussion: No members of the public spoke regarding this application. The owner, Ron Wunderlich, spoke and provided an overview of the application. The owner stated that they have read and agreed to the conditions of the Staff’s recommendation. Following the presentation, Committee Member Dave Eastman confirmed with the owner that there is no change of use or proposed development on the property. There were no further questions or concerns. Motion to approve B-2025-0023 as recommended by Brad Whittle, seconded by Wendy Partner. Time approved 6:42pm Full text of Decision: A consent application to facilitate a lot line adjustment that would result in 1.06 acres of lot area being transferred from 1999 Highway 2 to 1995 Highway 2 in Bowmanville. Minutes – November 26, 2025 Page 3 Committee of Adjustment Meeting Conditions of Approval: Section 1: General 1. The owner, applicant or agent must provide a draft Reference Plan with the application which will be reviewed by the Planning and Infrastructure Department and approved by the Municipality prior to registration; Registration of this Reference Plan is done by the owner, applicant, or agent’s surveyor at the expense of the owner/applicant or agent and shall be completed prior to the registration of the consent agreement. a. Please also note that a draft 40R Plan submitted in support of a consent application for a property which has private well and/or septic services should include the locations of the existing well(s) and septic bed(s), as well as the distance of these features to the proposed lot lines. 2. All taxes shall be paid in full to the Municipality of Clarington prior to the issuance of a clearance letter. 3. Once all other conditions have been satisfied, the applicant shall engage their solicitor to provide the Municipality with: a. The original executed transfer/deed a duplicate original and one (1) photocopy; b. One copy of the registered reference plan; c. An accompanying letter with a request that the severing transfer/deed be stamped. Section 2: Planning Requirements 4. Agent/Owner is required to submit a copy of the registered transfer deed. 5. To ensure that any consent application complies with all applicable provisions of Zoning By-law 84-63, staff will review the registered reference plan once submitted to ensure compliance with all applicable zoning provisions. Section 3: Regional Requirements 6. That the applicant shall provide the Region of Durham with the $500.00 application review fee in accordance with the Region of Durham Community Growth and Economic Development Department’s 2025 Fees and Charges Bylaw, to the Region’s satisfaction. 7. That the applicant shall provide the Region of Durham with the $609.00 application review fee in accordance with the Region of Durham Health Department’s 2025 Fees and Charges By-law, to the Region’s satisfaction. Minutes – November 26, 2025 Page 4 Committee of Adjustment Meeting 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-2025-0023 on November 26, 2025. Committee Member Yes No Wendy Partner Dave Eastman Noel Gamble Shelley Pohjola Todd Taylor Gord Wallace Absent Brad Whittle “Carried” 5. Declaration of Interest for Minor Variance Applications “None” 6. Minor Variance Applications Minutes – November 26, 2025 Page 5 Committee of Adjustment Meeting Motion to lift A-2025-0042 as recommended by Dave Eastman, seconded by Shelley Pohjola. Time lifted: 6:44pm Committee Member Yes No Wendy Partner Dave Eastman Noel Gamble Shelley Pohjola Todd Taylor Gord Wallace Absent Brad Whittle 6.1 File: A-2025-0042 Owner/Agent: Kalaicheivan Kanagartanam Staff: Nicklaus Gibson Address: 121 East Shore Drive, Bowmanville Application: 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. 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. No comments were received in opposition to the application from external agencies or internal departments. No comments were received in opposition to the application from members of the public. Staff recommends that application A2025-0042 for a Minor Variance to Section 3.1 g. iv) be approved subject to the conditions outlined in the Staff Report. Minutes – November 26, 2025 Page 6 Committee of Adjustment Meeting Discussion: Ahmad Noori (member of the public): For context, I just need to clarify what the matter is. Would this application for minor variance mean that everyone in the vicinity would lose a portion of their land, or am I just understanding this incorrectly? Nicklaus Gibson: Through you, Mr. Chair. This application for minor variance is only for a basement walkout entrance. The applicant is proposing an additional dwelling unit and he is legalizing the basement apartment in the existing dwelling. He is encroaching into the rear yard setback as the maximum is 1.5 metres, and the applicant is proposing to go 1.9 metres so this is what the minor variance application is for. Ahmad Noori: So, are you asking for me to give consent to this? Sarah Gattie: Through you, Mr. Chair. This is a site-specific minor variance so it’s only for that property. There is no land acquisition involved, and nothing is going to happen on the neighbouring property. So, you got a notice of hearing for this application because you live within 60 metres of the property that is applying for the variance. It’s public notification for everybody that lives within 60 metres of the property that wants to come out and voice their concerns or to ask questions, but it does not have an impact on your property. Ahmad Noori: Okay, thank you for the context. That’s all I wanted to come in for, so thank you. 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. Dave Eastman confirms the additional dwelling unit isn’t being built yet and asks how the future tenant will access the backyard. The applicant explains that access will be via a concrete walkway along the side of the house between his property and the neighbours. Staff confirm the 1.24 metre side yard setback is sufficient for the tenant to walk through. Motion to approve A-2025-0042 as recommended by Shelley Pohjola, seconded by Noel Gamble. Time approved 6:55pm Full text of Decision: That application A2025-0042 for a Minor Variance to Section 3.1 g iv) of Zoning Bylaw 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 approved subject to the following condition: a) That the existing shed as shown on Figure 2 in the Staff Report be removed at the time that building occupancy for the ADU is granted; as it maintains the general intent and purpose of the Clarington Official Plan, Zoning By- law 84-63 is desirable for the appropriate development or use of the land, building, and structure, and is minor in nature. Minutes – November 26, 2025 Page 7 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-2025-0042 on November 26, 2025. Committee Member Yes No Wendy Partner Dave Eastman Noel Gamble Shelley Pohjola Todd Taylor Gord Wallace Absent Brad Whittle “Carried” 6.2 File: A-2025-0043 Owner/Agent: Andy Kim Staff: Akibul Hoque Address: 59 Rogerson Street, Newcastle Application: 1. The proposed minor variance application before the Committee this evening is file A2025-0043 for 59 Rogerson Street, Newcastle. 2. The purpose of the variance is to facilitate the construction of a single detached dwelling by increasing the maximum dwelling lot coverage for a one and a half-storey and two storey dwelling from 40% to 45% and by increasing the maximum total lot coverage for a one and a half-storey and two storey dwelling from 45% to 50%. 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 – November 26, 2025 Page 8 Committee of Adjustment Meeting 5. No comments were received in opposition to the application from members of the public. 6. Staff recommend that applications A2025-0043 for a Minor Variance to Section 13.4.89.d.i) and Section 13.4.89.d.ii) of Zoning By-law 84-63 be approved. Discussion: No members of the public spoke regarding this application. The applicant, Andy Kim, 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. N. Gamble to Staff: Is the minor variance proposal located within a plan of subdivision? A. Hoque responded: That is correct. N Gamble to Staff: Are the applicants planning on coming forward with more minor variance applications for lots within this plan of subdivision? S. Gattie responded: We have received written confirmation from the applicant that there will be no further minor variance applications applied for lots within this subdivision. Property addressed, 35 Rogerson Street, 47 Rogerson Street, and 59 Rogerson Street are the only minor variance applications applied for. These will be the last. Motion to approve A-2025-0043 as recommended by Dave Eastman seconded by Shelly Pohjola. Time approved 7:01pm. Full text of Decision: That application A2025-0043, for a Minor Variance to Sections 13.4.89.d.i) and Section 13.4.89.d.ii) by increasing the maximum dwelling lot coverage for a one and a half-storey and two storey dwelling from 40% to 45% and by increasing the maximum total lot coverage for a one and a half-storey and two storey dwelling from 45% to 50%, be approved as it maintains the general intent and purpose of the Clarington Official Plan, maintains the general intent and purpose of Zoning By-law 84-63, is desirable for the appropriate development or use of the land, and is minor in nature. 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-2025-0043 on November 26, 2025. Minutes – November 26, 2025 Page 9 Committee of Adjustment Meeting Committee Member Yes No Wendy Partner Dave Eastman Noel Gamble Shelley Pohjola Todd Taylor Gord Wallace Absent Brad Whittle “Carried” 6.3 File: A-2025-0044 Owner/Agent: Andy Kim Staff: Akibul Hoque Address: 47 Rogerson Street, Newcastle Application: 1. The proposed Minor Variance application before the Committee this evening is file A2025-0044 for 47 Rogerson Street, Newcastle. 2. The purpose of the variance is to facilitate the construction of a single detached dwelling by increasing the maximum dwelling lot coverage for a one and a half-storey and two storey dwelling from 40% to 45% and by increasing the maximum total lot coverage for a one and a half-storey and two storey dwelling from 45% to 50%. 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. No comments were received in opposition to the application from members of the public. Minutes – November 26, 2025 Page 10 Committee of Adjustment Meeting 6. Staff recommend that application A2025-0044 for a Minor Variance to Section 13.4.89.d.i) and Section 13.4.89.d.ii) of Zoning By-law 84-63 be approved. Discussion: No members of the public spoke regarding this application. The applicant, Andy Kim, 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. N. Gamble to applicant and Staff: What is the rationale for the changes from the original subdivision plan, and why is the applicant unable to proceed according to the plan previously approved by Council? The Committee often receives minor variance applications from approved subdivisions requesting changes, when the developer should follow the original plan approved by council and be held accountable when deviating from it. S. Gattie responded: We unfortunately do not have the ability to do that. If the applicants were to apply for multiple minor variances throughout the subdivision and it was changing the overall intent of the zoning, then the appropriate mechanism would be applied for, such as a Zoning Bylaw Amendment. However, given that it is only three lots, with minor increases, Staff determined that minor variance was the appropriate route forward. We have also received written confirmation from the applicant that there will be no further minor variance applications applied for lots within this subdivision. Property addressed, 35 Rogerson Street, 47 Rogerson Street, and 59 Rogerson Street are the only minor variance applications applied for, and these will be the last. If further minor variance applications are applied for, then Staff will engage with the developer to determine why the zoning requirements established by Council cannot be met. D. Eastman to Staff: Have the committee made a decision on the third lot already? S. Gattie responded: That’s correct, the committee approved the third lots variances back in July 2025, Committee of Adjustment Meeting. S. Pohjola to Staff: What makes these two lots so particularly unique, which requires a variance? A. Hoque responded: The proposed dwellings for these lots are larger compared to their lot sizes, triggering lot coverage increases. S. Gattie added: The applicants are proposing to put larger model type on these lots, which is reason for the increased lot coverage request. Motion to approve A-2025-0044 as recommended by Noel Gamble, seconded by Shelly Pohjola. Time approved 7:11pm. Minutes – November 26, 2025 Page 11 Committee of Adjustment Meeting Full text of Decision: That application A2025-0044, for a Minor Variance to Section 13.4.89.d.i) and Section 13.4.89.d.ii) by increasing the maximum dwelling lot coverage for a one and a half-storey and two storey dwelling from 40% to 45% and by increasing the maximum total lot coverage for a one and a half-storey and two storey dwelling from 45% to 50%, be approved as it maintains the general intent and purpose of the Clarington Official Plan, maintains the general intent and purpose of Zoning By-law 84-63, is desirable for the appropriate development or use of the land, and is minor in nature. 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-2025-0044 on November 26, 2025. Committee Member Yes No Wendy Partner Dave Eastman Noel Gamble Shelley Pohjola Todd Taylor Gord Wallace Absent Brad Whittle “Carried” 7. Adoption of Minutes of Previous Meeting, October 23, 2025 Chair Todd Taylor asked for a motion from the Committee. Motion to adopt minutes from October 23, 2025, Committee of Adjustment Meeting was moved by Wendy Partner, seconded by Dave Eastman. Time approved 7:12pm. “That the minutes of the Committee of Adjustment, held on October 23, 2025, be approved.” “Carried” Minutes – November 26, 2025 Page 12 Committee of Adjustment Meeting 8. Other Business There will not be a Committee of Adjustment meeting held in December. The next meeting will be held on January 22, 2026. 9. Adjournment Last Date of Appeal for tonight’s consent application: December 24, 2025 Last Date of Appeal for tonight’s minor variance applications: December 16, 2025 Next Meeting: January 29, 2026 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 November 26, 2025, Committee of Adjustment be adjourned. Time adjourned: 7:14pm” “Carried”