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HomeMy WebLinkAbout2026-01-29Page | 1 Committee of Adjustment Meeting Teams Video Meeting & Teleconference Thursday, January 29, 2026 Time: 6:30pm If this information is required in an alternative format, please contact the Accessibility Coordinator at 905-623-3379 ex. 2131 Audio/Video Record: If you attend at a Committee of Adjustment meeting, your audio and video may be recorded. Agendas for the Committee of Adjustment Meetings can be found in the Agenda Section of the Committee’s webpage www.clarington.net/committees. Members of the Public may participate in the meeting in person or electronically. If you wish to participate electronically in the meeting, please contact cofa@clarington.net prior to the meeting. Please note that open portions of meetings will be recorded. By attending this meeting, you are consenting to your image, voice, comments, and presentations being recorded, which becomes a part of the public record. Agenda 1. Call the meeting to Order 2. Land Acknowledgement 3. Declaration of Interest and Opening Statements 4. Consent Applications to be heard: File Number: B-2025-0024 Owner/Agent: Giovanni Salvatore Dileva Staff: Nicklaus Gibson Address: 2162 Regional Road 3, Enniskillen File Number: B-2025-0026 Owner/Agent: Mitch Morawetz Staff: Nicklaus Gibson Address: 5800 Main Street, Orono File Number: B-2025-0030 Owner/Agent: Monica Hoy / Martindale Planning c/o., Bob Martindal Staff: Nicklaus Gibson Address: 62 Concession Street W, Bowmanville Page | 2 File Number: B-2025-0033 Owner/Agent: Ray Davies Staff: Nicklaus Gibson Address: 1 Holt Road South, Bowmanville 5. 5 Minute Recess 6. Declaration of Interest 7. Minor Variance Applications to be heard: File Number: A-2025-0047 Owner/Agent: Andrew Russell, Neil Burgess and Associates Law Office Staff: Hebah Masood Address: 125 Port Darlington Road, Bowmanville File Number: A-2025-0049 Owner/Agent: Monica Hoy / Martindale Planning c/o., Bob Martindal Staff: Hebah Masood Address: 62 Concession Street W, Bowmanville 8. New Business 9. Approve Minutes from the previous Committee of Adjustment meeting 10. Adjournment Planning and Infrastructure Services Committee of Adjustment Consent Summary of Comments Submitted B-2025-0024 2162 Regional Road 3, Enniskillen Municipal Departments / External Agencies Comment Development Department Municipality of Clarington Committee of Adjustment Page 2 B-2025-0024 If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Date of Meeting: January 29, 2026 File Number: B2025-0024 Address: 2162 Regional Road 3, Enniskillen ON Report Subject: Seeking consent to facilitate a registered cross-access easement on Part 12 on 40R27729 in order to facilitate vehicular movement across the lands at 2160 Regional Road 3 and 2158 Regional Road 3. Recommendations: 1. That the Report for Consent file B2025-0024 be received. 2. That all written comments and verbal submissions are considered in the deliberation of this application. 3. That application B2025-0024 for consent be approved subject to the conditions herein. 4. That all interested parties listed in this report be forwarded a copy of the Committee’s decision. Municipality of Clarington Committee of Adjustment Page 3 B-2025-0024 1. Application Details 1.1 Owner: Giovanni Salvatore Dileva 1.2 Applicant: Dan M Strike 1.3 Proposal: Seeking consent to facilitate a registered cross-access easement on Part 12 on 40R27729 in order to facilitate vehicular movement across the lands at 2160 Regional Road 3 and 2158 Regional Road 3. 1.8 Clarington Official Plan Designation: Hamlet Zoning By-law 84-63 Municipality of Clarington Committee of Adjustment Page 4 B-2025-0024 Figure 1: Lands Subject to Consent Application Municipality of Clarington Committee of Adjustment Page 5 B-2025-0024 2. Background 2.1 On December 12, 2025, Planning Staff received a Consent Application from the owner of 2162 Regional Road 3. The proposed consent application seeks to facilitate a registered cross-access easement on Part 12 on 40R27729 in order to facilitate vehicular movement across the lands at 2160 Regional Road 3 and 2158 Regional Road 3. 2.2 The proposed consent application is intended to establish a registered cross- access easement over Part 12 of the subject lands to enable continued and legal vehicular access between the properties municipally known as 2160 Regional Road 3 and 2158 Regional Road 3. An easement is currently shown as Part 12 on the applicant’s parcel (See Figure 2), However, a technical error occurred when this plan was first registered as the parcel that directly abuts the applicant’s lands to the west did not have an easement included in its legal description. As a result, formalized access rights across Part 12 do not exists, despite its continued use as an access route to the dwelling at 2160 Regional Road 3. 2.3 This proposed consent application is therefore intended to rectify this technical error by extending the easement to include Part 12 ensuring consistent and legally recognized access for all affected properties. Due to safe access constraints caused by the floodplain located at the front of 2158 and 2160 Regional Road 3, the proposed access easement benefiting both 2158 and 2160 Regional Road 3 through abutting property at 2162 Regional Road 3 would provide the property owners with safe access to Regional Road 3. Municipality of Clarington Committee of Adjustment Page 6 B-2025-0024 Figure 2 – Draft 40R reference plan showing proposed easement. 3. Land Characteristics and Surrounding Uses 3.1 The subject property is located at 2162 Regional Road 3 in Enniskillen (See Figure 1). The property’s lot area is approximately 2.87 acres (1.16 hectares) with a lot frontage of approximately 70 metres, and a depth area of approximately 192 metres. 3.2 The surrounding uses are as follows: South – Existing single detached dwelling North – Existing single detached dwelling East – Existing single detached dwelling West – Existing single detached dwelling Municipality of Clarington Committee of Adjustment Page 7 B-2025-0024 4. Public Notice and Submissions 4.1 Pursuant to the requirements of the Planning Act, the appropriate signage notifying of the application was installed on the subject lands. In addition, a public notice was mailed to each landowner within 60 metres of the subject lands. 4.2 At the time of writing this report, Staff did not receive any inquiries from members of the public regarding this application. 5. Provincial Policy Planning Act 5.1 Section 53 (12) of the Planning Act requires that the criteria set out under Section 51(24) shall be given regard for matters such as: health, safety, convenience, accessibility for persons with disabilities and welfare of the present and future inhabitants of the Municipality when considering an application for Consent. 5.2 For the purposes of this review, it is the opinion of the Staff the proposed application is consistent with the criteria (a) – (m) of Section 51 (24) under the act. Provincial Planning Statement (PPS, 2024) 5.3 Section 2.3.1 of the Provincial Planning Statement states that Settlement areas shall be the focus of growth and development. The land use patterns within settlement areas shall be based on densities and a mix of land uses. Additionally, land use patterns within settlement areas shall also be based on a range of uses and opportunities for intensification and redevelopment. 5.4 It is the opinion of Staff that the proposed application is consistent with the criteria within the PPS, 2024. Durham Regional Official Plan (“Envision Durham”) 5.5 Effective January 1, 2025, the Region is an Upper-tier municipality without planning responsibilities. As such, the comments pertaining to conformity and consistency with the Region of Durham Official Plan and provincial plans and policies and those comments relating to the Region’s delegated provincial plan review responsibilities now fall under the purview of the area municipalities. 5.6 The subject site is designated as Hamlet in the Durham Regional Official Plan. Hamlets are meant to be the focus of modest growth and residential development in rural areas. Municipality of Clarington Committee of Adjustment Page 8 B-2025-0024 5.7 It is the opinion of Staff that the proposed application conforms to the Hamlet designation and is consistent with the intent and policies of the Durham Regional Official Plan. 6. Clarington Official Plan 6.1 The subject property is designated as Hamlet and Environmental Protection within the Clarington Official Plan. The predominant use of lands designated Hamlet shall be for detached residential dwellings, and the predominant use of lands designated Environmental Protection are meant to be preserved and protected from the effects of human activity. Given the location of the Environmental Protection lands, Planning Staff are of the opinion that the easement will not have an impact on either land use designation. 6.2 The proposed consent application is subject to policies within Section 23.7 - Severances of the Clarington Official Plan. Official Plan Policy 23.7 Addressed a) Scattered residential development throughout the Municipality shall be prohibited Planning Staff are satisfied that this application does not result in scattered residential development. b) Ribbon development along arterial roads shall be prohibited and direct access from arterial roads shall generally be restricted Planning Staff are satisfied that this application for consent does not result in ribbon development. c) Severances shall meet the requirements of the Region of Durham and applicable provincial agencies, regarding the provision of sewage disposal and water services, and may include entering into an agreement with the Region of Durham Not applicable. Municipality of Clarington Committee of Adjustment Page 9 B-2025-0024 d) Severances shall only be given when land fronts on an open and maintained public road. Notwithstanding, a landlocked parcel related to a land assembly for future development in conformity to this Plan may be created. Not applicable. e) The size of any parcel of land created by severance should be appropriate for the use proposed in keeping with the character of the surrounding neighbourhood and no parcel should be created which does not conform to the provisions of this Plan and the implementing Zoning By-law Not applicable. f) Severances shall not be granted for land adjacent to a road from which access is to be obtained if a traffic hazard would be created because of limited sight lines on curves or grades Not applicable. g) Severances to be granted shall be conditional upon the applicant meeting all requirements of the Municipality, financial and otherwise, and may include an agreement being entered into with the Municipality Not applicable. h) The Municipality is satisfied that a plan of subdivision is not required. Generally, 3 lots are considered the maximum number of new lots that may be created by severances from a parcel of land This consent application is for a shared access easement and thus Staff are satisfied a Draft Plan of Subdivision is not required. Municipality of Clarington Committee of Adjustment Page 10 B-2025-0024 i) Where a property has more than one land use designation, a land severance along the boundary of two different designations is permissible provided the severance does not contravene any applicable policies of this Plan The subject property is designated as Hamlet and Environmental Protection within the Clarington Official Plan. The predominant use of lands designated Hamlet shall be for detached residential dwellings. Environmental Protection areas are meant to be preserved and protected from the effects of human activity. Given the location of the Environmental Protection lands, Planning Staff are of the opinion that easement the will have not an impact on intent and purpose of either land use designations. j) In the Agricultural and Rural designations, any severance applications for agricultural, farm-related uses, and farm-related industrial/commercial uses shall only be permitted in accordance with Sections 13.3.7, 13.3.8, 13.3.9, 13.3.11 and 13.3.12 Not applicable. k) The severance shall be in compliance with the provisions of any site plan, subdivision or any other development agreements registered against the title of the subject lands Not applicable. 6.3 For the purposes of this review, it is the opinion of Staff that the proposal conforms to the severance policies under Section 23.7 a) – k) in Clarington’s Official Plan. 7. Zoning By-Law 84-63 7.1 The subject property is zoned as “Residential Hamlet Exception (RH-3)” and “Environmental Protection (EP)” within Zoning By-law 84-63. 7.2 The proposed easement/ right- of-way for access is for uses permitted by Zoning By-law 84-63. 7.3 It is staff’s opinion that the proposed easement on the subject lands conforms to Zoning By-Law 84-63. Municipality of Clarington Committee of Adjustment Page 11 B-2025-0024 8. Recommendation 8.1 Should the Committee deem it appropriate to approve the application, staff would request that the approval be conditional upon the owner, applicant or agent fulfilling the following conditions: Requirements: Section 1: General 1. The Owner 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. 2. That the Owner satisfies all the requirements of the Municipality of Clarington’s Development Engineering Division, financial and otherwise as detailed in the Development Engineering letter January 14, 2026. 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 Owner 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 Owner 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. Municipality of Clarington Committee of Adjustment Page 12 B-2025-0024 Advisory Notes 1. It is the Owner’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 Owner is still interested in pursuing the proposal, a new consent application will be required. Prepared by: Nicklaus Gibson Acting Secretary-Treasurer, Committee of Adjustment Planning and Infrastructure Services Municipality of Clarington Concurrence: This report has been reviewed by Amanda Tapp, MCIP, RPP, Manager of Development Review, who concurs with the recommendations. Staff Contact: Nicklaus Gibson, Planner I, (905) 623-3379 ext. 2408 or NGibson@clarington.net Interested Parties: The following interested parties will be notified of Committee's decision: Attachments Attachment 1: Clarington Development Engineering Comments Attachment 2: Central Lake Ontario Conservation Authority Comments Attachment 3: Enbridge Gas Comments MEMO The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6 1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net Page | 1 If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Consent to facilitate a registered cross-access easement on Part 12 on 40R27729 in order to facilitate vehicular movement across the lands at 2160 Regional Road 3 and 2158 Regional Road 3. We have reviewed the above-noted application and have no objection to this proposal. If you have any questions regarding the above-noted comments, please contact Ajay Kumar Alagarsamy, Planning and Infrastructure Services Department. Mina Mehran, EIT, M. Eng. Transportation Engineer on Behalf of Karen Richardson, P.Eng. Manager of Development Engineering Planning and Infrastructure Services MM/AKA To: From: Mina Mehran, Transportation Engineer, on behalf of Karen Richardson, Manager of Development Engineering January 14, 2026 Land Division Application Applicant: Dana M Strike Address: 2162 Regional Road 3, Enniskillen B2025-0024 Attachment 1 100 WHITING AVENUE OSHAWA ON L1H 3T3 | P. 905 579 0411 | F. 905 579 0994 | CLOCA.COM Healthy watersheds for today and tomorrow. January 22, 2026 Planning and Infrastructure Services Municipality of Clarington 40 Temperance Street, Bowmanville, ON L1C 3A6 Re: Land Division Application B2025-0024 2162 Regional Road 3, Enniskillen Applicant: Dana M Strike CLOCA File No.: PLDG1056 Purpose of Application: Seeking consent to facilitate a registered cross-access easement on Part 12 on 40R27729 in order to facilitate vehicular movement across the lands at 2160 Regional Road 3 and 2158 Regional Road 3. Thank you for circulating Central Lake Ontario Conservation Authority (CLOCA) on the above noted LD application. CLOCA staff reviewed this application for consistency with the policies of the Provincial Policy Statement (PPS) and conformity with Ontario Regulation 41/24 of the Conservation Authorities Act. Existing Conditions: The subject property is located within the Bowmanville Creek Watershed and is entirely within CLOCA’s regulated area. The southwestern corner of the subject site, south of the driveway, contains floodplain. The adjacent lands to the 2162 property contain a watercourse which is a tributary to Bowmanville Creek. It should be noted that floodplain modelling has not been completed for the upstream section of the watercourse and the flood polygon is not fully delineated on the 2150 and 2154 properties on the mapping below. Attachment 2 Page | 2 Healthy watersheds for today and tomorrow. The Proposed Easement The application proposes to correct a legal oversight in which the easement area on the 2162 property was not included in the legal description as a right-of-way/easement (Part 12 on the mapping below). Conclusion CLOCA staff have no objection to the proposed easement. For the Committee’s consideration, as per our current mapping, portions of the driveway providing access to 2158, 2154 and 2150 properties are located within a flooding hazard area. As a result, safe vehicular access to these properties is not currently available. The ability for the public and emergency operations personnel (police, firefighters, ambulance, etc.) to safely access hazardous lands during flood events is a paramount consideration in any application for development within the riverine floodplain. Any proposed development for lands to the west of subject site must consider the provision of safe access and plans and drawings must identify hazard lands. Realignment of driveways and the establishment of access routes through areas not susceptible to natural hazards should be explored as part of any future development applications for these lands. Thank you for the opportunity to provide comments on this application. If there are any questions related to this letter, please contact the undersigned. Sincerely, Sarem Nejad, PhD MCIP RPP Development Planner From:Municipal Planning To:Nicklaus Gibson; Committee of Adjustment (SM) Subject:RE: Circulation for B-2025-0024 (2162 Regional Road 3) Date:Wednesday, January 14, 2026 4:55:22 PM Attachments:image001.png EXTERNAL Thank you for your circulation. Enbridge Gas does not object to the proposed application(s) however, we reserve the right to amend or remove development conditions. This response does not signify an approval for the site/development. It is the responsibility of the applicant to verify the existing gas servicing does not encroach on more than one property when subdividing or severing an existing land parcel. Any service relocation required due to a severance would be at the cost of the property owner. For any encroachments, please contact ONTLands@enbridge.com. Please continue to forward all municipal circulations and clearance letter requests electronically to MunicipalPlanning@Enbridge.com. Regards, Willie Cornelio CET (he/him) Sr Analyst, Municipal Planning Engineering — ENBRIDGE TEL: 416-495-6411 500 Consumers Rd, North York, ON M2J1P8 enbridge.com Safety. Integrity. Respect. Inclusion. Attachment 3 Planning and Infrastructure Services Committee of Adjustment Consent B-2025-0026 5800 Main Street, Orono ON If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Date of Meeting: January 29, 2026 File Number: B-2025-0026 Cross Reference: B-2024-0036 Address: 5800 Main Street, Orono Report Subject: Seeking consent to facilitate the creation of a new lot as Part 1 (Retained Lot) and Part 2 (Severed Lot) on the draft reference plan. Part 1 will have approximate 145.13 metres of lot frontage, with a depth of approximately 154.82 metres, and a lot area of approximately 26,061 square metres. Part 2 will have 44.87 metres of lot frontage, with a depth of approximately 73 metres, and a lot area of approximately 3275 square metres. Recommendations: 1. That the Report for Consent file B-2025-0026 be received. 2. That all written comments and verbal submissions are considered in the deliberation of this application. 3. That application B-2025-0026 for consent be tabled to allow the applicant to provide the Durham Region Health Department with the appropriate information to satisfy any outstanding concerns. 4. That all interested parties listed in this report be forwarded a copy of the Committee’s decision. Municipality of Clarington Committee of Adjustment B-2025-0026 Page 2 1. Application Details 1.1. Owner: Mint Capital Management Inc. 1.2. Applicant: Mitch Morawetz 1.3. Proposal: Seeking consent to facilitate the creation of a new lot as Part 1 (Retained Lot) and Part 2 (Severed Lot) on the draft reference plan. Part 1 will have approximate 145.13 metres of lot frontage, with a depth of approximately 154.82 metres, and a lot area of approximately 26,061 square metres. Part 2 will have 44.87 metres of lot frontage, with a depth of approximately 73 metres, and a lot area of approximately 3275 square metres. 1.4. Location: 5800 Main Street, Orono Municipality of Clarington Committee of Adjustment B-2025-0026 Page 3 Figure 1: Property Location Map Municipality of Clarington Committee of Adjustment B-2025-0026 Page 4 2. Background 2.1. A previous consent application for the same property was submitted in October 2024, proposing the future severance of seven residential lots (B-2024-0036.) Due to the lack of regional sewer infrastructure, the application required review by the Regional Health Department to confirm suitable lot sizes for private septic systems. A Hydrogeological Assessment Report was submitted for peer review. In January 2025, the committee tabled that application, which remains tabled until January 2027. 2.2. On December 12, 2025, Planning Staff received a Consent Application from the owner of 5800 Main Street in Orono. The proposed consent application seeks to create one new lot as Part 2 (Severed Lot) and Part 1 (Retained Lot), as seen on the draft reference plan (see Attachment 1). 3. Public Notice and Submissions 3.1. Pursuant to the requirements of the Planning Act, the appropriate signage notifying of the application was installed on the subject lands. In addition, the appropriate notice was mailed to each landowner within 60 metres of the subject site. 3.2. At the time of writing this report, Staff did not receive any inquiries for this application from members of the public. 4. Discussion 4.1. At the time of writing this report, Staff have not received formal comments from the Durham Region Health Department. However, Staff have had several conversations following the circulation of the application. In discussions with the Durham Region Health Department, they cannot support the proposal without knowing where the existing sewage system is compared to the new proposed west property line. The site plan that was submitted only shows an “approximate area” of the sewage system. With the information provided, Staff cannot confirm if the proposal conforms to the Ontario Building Code. 4.2. On January 21, 2026, the applicant was advised that the property owner would need to hire a qualified individual to complete an inspection and provide a report in support of the proposal to satisfy any outstanding concerns. 4.3. On January 26, 2026, the applicant advised Staff that insufficient time has been available to complete on-site locates and that they will continue to work toward addressing the Health Department’s comments. Municipality of Clarington Committee of Adjustment B-2025-0026 Page 5 4.4. As a result, the Durham Region Health Department does not have sufficient information to provide informed comments on the application. 4.5. Staff’s opinion that until such time the Durham Region Health Department concerns have been addressed, it is premature to proceed with the subject consent application. 5. Conclusion 5.1. The recommendation from Planning Staff is that application for consent be tabled to allow the applicant to provide the Durham Region Health Department with the appropriate information to satisfy any outstanding concerns. Submitted by: Nicklaus Gibson Acting Secretary-Treasurer Committee of Adjustment at the Municipality of Clarington Concurrence: This report has been reviewed by Amanda Tapp, MCIP, RPP, Manager of Development Review, who concurs with the recommendations. Staff Contact: Nicklaus Gibson, Planner I, (905) 623-3379 x 2408 or NGibson@clarington.net Attachments: Attachment 1: Draft Reference Plan Attachment 1 Planning and Infrastructure Services Committee of Adjustment Consent B-2025-0030 62 Concession Street West, Bowmanville ON If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Date of Meeting: January 29, 2026 File Number: B-2025-0030 Cross Reference: A-2025-0049 Address: 62 Concession Street West, Bowmanville ON Report Subject: Seeking consent to facilitate the creation of a new residential lot with an existing coach house as proposed as Part 1 on the Draft Reference Plan in Bowmanville. Recommendations: 1. That the Report for Consent file B-2025-0030 be received. 2. That all written comments and verbal submissions are considered in the deliberation of this application. 3. That application B-2025-0030 for consent be tabled to allow for further discussions with the applicant regarding any proposed heritage related conditions, the additional variances are identified, and any neighbouring property line disputes have been resolved. 4. That all interested parties listed in this report be forwarded a copy of the Committee’s decision. Municipality of Clarington Committee of Adjustment Page 2 B-2025-0030 1. Application Details 1.1. Owner: Monica Hoy 1.2. Applicant: Bob Martindale, Martindale Planning Services 1.3. Proposal: Seeking consent to facilitate the creation of a new residential lot as proposed as Part 1 (Severed Lot) on the Draft Reference Plan. Part 1 will have a lot frontage of 15.5 metres, with an approximate depth of 30.82 metres, and a lot area of approximate 445 square metres. Part 2 (Retained Lot) will have a lot frontage of 25.12 metres on Concession Street West, 20.87 metres of frontage on High Street, with an approximate depth of 56.62 metres, and a lot area of approximately 2320 square metres. Municipality of Clarington Committee of Adjustment Page 3 B-2025-0030 Figure 1: Property Location Map Municipality of Clarington Committee of Adjustment Page 4 B-2025-0030 2. Background 2.1. In April 2022, a pre-consultation meeting was held regarding severing the parcel into four parts. It was determined through this meeting that a Consent Application and Minor Variance Application would be required to sever the property and to meet the zoning requirements of the Urban Residential Type One Zone and Neighborhood Character Overlay (NCO). 2.2. The applicants submitted a Consent Application (B-2025-0030) and Minor Variance Application (A-2025-0049) on December 15, 2025. 2.3. The consent application is facilitating minor application A2025-0049. The application proposes to create of a new residential lot as proposed as Part 1 (Severed Lot) on the Draft Reference Plan (see Figure 1). 2.4. Upon receipt in December, Staff understood the application was to sever Parts 1, 3 and 4 to create three additional residential lots. On January 12, 2026, Staff confirmed with the applicants that the current application is to only sever Part 1 of the property where the coach house exists. Consent applications for Parts 3 and 4 will be received at a future date. 3. Public Notice and Submissions 3.1. Pursuant to the requirements of the Planning Act, the appropriate signage notifying of the application was installed on the subject lands. In addition, the appropriate notice was mailed to each landowner within 60 metres of the subject site. 3.2. At the time of writing this report, staff received one call regarding this proposal from a neighbouring resident. The resident claimed the coach house on the proposed severed lot is located on their property. The resident did not provide any documentation to support this claim, but indicated they would be present at the Committee meeting being held on January 29, 2026. 4. Discussion 4.1. Through circulation of the application, Staff had had several conversations with colleagues in the Community Planning Division, specifically with regards to the heritage components of the property. It was noted through these discussions that several conditions, including but not limited to: submission of a Heritage Impact Assessment, recommending heritage designation of the retained lands and architectural considerations for construction on the severed lots may be contemplated. At the time of writing this report, Staff have not received formal comments from a heritage perspective and therefore cannot draft complete conditions of approval for the proposed consent application. Municipality of Clarington Committee of Adjustment Page 5 B-2025-0030 4.2. It is further noted that through a more fulsome review of the associated minor variance application, additional variances that affect the proposed severed and retained lots have been identified. Staff have requested additional information from the applicants, through the minor variance application. 4.3. Finally, as mentioned in Section 3, staff have received one call from a neighbouring property claiming a dispute in the property lines. It is Staff’s opinion that until such time full heritage comments are received, all required minor variances have been identified and the neighbouring concerns have been rectified, it is premature to proceed with the subject consent application. 5. Conclusion 5.1. Staff’s recommendation is to table this application, as comments regarding the heritage of the property have not yet been received. A Heritage Impact Assessment from the Community Planning Division is still pending. Furthermore, additional variances have been identified, and staff recommend tabling the application to allow for further discussions with the applicant to confirm these variances. 5.2. The recommendation from Planning Staff is that application for a consent be tabled to allow for further discussions with the applicant regarding any proposed heritage related conditions, the additional variances are identified, and any neighbouring property line disputes have been resolved. Submitted by: Nicklaus Gibson Acting Secretary-Treasurer Committee of Adjustment at the Municipality of Clarington Concurrence: This report has been reviewed by Amanda Tapp, MCIP, RPP, Manager of Development Review, who concurs with the recommendations. Staff Contact: Nicklaus Gibson Planner I, (905) 623-3379 x2408 or NGibson@clarington.net Municipality of Clarington Committee of Adjustment Page 6 B-2025-0030 Interested Parties: The following interested parties will be notified of Committee's decision: Attachments: Attachment 1: Draft Reference Plan Attachment 1 Planning and Infrastructure Services Committee of Adjustment Consent Application Summary of Comments Submitted B-2025-0033 1 Holt Road South, Darlington Development Engineering Division No concerns – see Attachment 1 Clarington Fire and Emergency Services Department No concerns Region of Durham Community Growth and Economic Development Department Outstanding Comments Enbridge Gas No concerns Municipality of Clarington Committee of Adjustment Page 2 B2025-0033 If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Date of Meeting: January 29, 2026 File Number: B-2025-0033 Address: 1 Holt Road South, Darlington, ON Report Subject: Seeking consent to facilitate an access easement in favour of Hydro One to support the development of Small Modular Reactors at the Darlington Nuclear Generation Station. Recommendations: 1. That the Report for Consent file B2025-0033 be received. 2.That all written comments and verbal submissions are considered in the deliberation of this application. 3.That application B2025-0033 for consent be approved subject to the conditions herein. 4.That all interested parties listed in this report be forwarded a copy of Committee’s decision. Municipality of Clarington Committee of Adjustment Page 3 B2025-0033 1.Application Details 1.1 Owner/Applicant: 1.2 Proposal: 1.3 Area Parts: 1.4 Location: 1.5 Zoning: 1.6 Regional Official Plan (Envision Durham) 1.7 Official Plan Designation: Ray Davies on behalf of Ontario Power Generation Inc. Seeking consent to facilitate an access easement in favour of Hydro One to support the development of Small Modular Reactors at the Darlington Nuclear Generation Station. Approximately 93.3 hectares (see Figure 2) 1 Holt Road South, Darlington, ON (see Figure 1) “Agricultural (A)”, “Environmental Protection (EP)”, “Holding-Light Industrial (M1)”, and “Holding-General Industrial (M2)” within Zoning By-law 84-63. Nuclear Generation Station Utility Municipal Municipal Municipality of Clarington Committee of Adjustment Page 4 B2025-0016 Figure 1 – Aerial Overview of the Subject Lands Municipality of Clarington Committee of Adjustment Page 5 B2025-0033 2.Background 2.1 On December 23, 2025, an application was received from Ray Davies on behalf Ontario Power Generation Inc. (OPG), that was seeking permission to create an access easement in favour of Hydro One support the development of Small Modular Reactors at the Darlington Nuclear Generation Station (see Figure 2). The access easement would in be favour of Hydro One c/o. 1001368516 Ontario Inc. (the “Tenant”) to provide access to their leased land on the OPG site located on the east side of the Darlington Nuclear site. The proposed access easement would be in place until December 31, 2110, according to OPG. Figure 2 – Proposed Concept Plan Municipality of Clarington Committee of Adjustment Page 6 B2025-0033 3. Land Characteristics and Surrounding Uses 3.1 The subject property is located at 1 Holt Road South and includes the Darlington Nuclear Generation Station, which is located along the Lake Ontario Shoreline and is south of Highway 401 and south of the CN rail line, between Holt Road and the westerly limit of the Bowmanville Urban Boundary. 4. Public Notice and Submissions 4.1 Pursuant to the requirements of the Planning Act, the appropriate signage notifying of the application was installed on the subject lands. In addition, a public notice was mailed to each landowner within 60m of the subject lands. 4.2 At the time of writing this report, Staff have received no inquiries or opposition from members of the public for this proposed consent application. 5. Provincial Policy 5.1 Planning Act: Section 53(12) of the Planning Act requires that the criteria set out under Section 51(24) shall be given regard for matters such as: health, safety, convenience, accessibility for people with disabilities and welfare of the present and future inhabitants of the municipality when considering an application for Consent. For the purposes of this review, it is Staffs opinion that the proposed application is consistent with the criteria (a) – (m) of Section 51(24) under the Act. Provincial Planning Statement (PPS, 2024) 5.2 Section 2.9 Energy Conservation, Air Quality and Climate Change: Planning authorities shall plan to reduce greenhouse gases emissions and prepare for the impacts of a changing climate by supporting energy conservation and efficiency, and by incorporating climate change considerations in planning for and development of infrastructure. 5.3 Section 3.8 Energy Supply: Planning authorities should provide opportunities for development of energy supply including electricity generation facilities and transmission distribution systems, energy storage systems, district energy, renewable energy systems, and alternative energy, to accommodate current and projected needs. 5.4 The access easement is on a nuclear generation station within Darlington, and just outside of the Bowmanville Urban Settlement Boundary. The access easement will support Hydro One in having access to their leased premises located on the east side of the Darlington Nuclear site and play a crucial role in supporting the implementation of the small modular reactors. This access easement will support the policies of the PPS, (2024) which requires planning authorities to reduce greenhouse gas emissions and to support renewable energy systems and energy storage systems by enhancing the connection of the small modular reactors to the province’s power grid. Municipality of Clarington Committee of Adjustment Page 7 B2025-0033 5.5 It is the opinion of Staff that the proposed application is consistent with the Planning Act, R.S.O. 1990, c. P.13, and Provincial Planning Statement (2024). 6.Durham Regional Official Plan (“Envision Durham”) 6.1 Effective January 1, 2025, the Region is an Upper-tier municipality without planning responsibilities. As such, the comments pertaining to conformity and consistency with the Region of Durham Official Plan and provincial plans and policies and those comments relating to the Region’s delegated provincial plan review responsibilities now fall under the purview of the area municipalities. 6.2 The subject site is designated as “Nuclear Generation Station” within Envision Durham. Sites with that land use designation are intended for Automatic Action Zones (AAZ), which are pre-designated areas that are identified in the Pickering and Darlington Provincial Nuclear Emergency Response Plans. 6.3 It is staff’s opinion that the consent application conforms to the intent and purpose of Envision Durham. 7.Clarington Official Plan 7.1 The subject property is designated “Utility” within the Clarington Official Plan. The predominant use of lands designated “Utility” shall be for existing and planned facilities such as water supply plants, water pollution control plants, electricity generation facilities and transmission and distribution systems, hydro corridors, and pipeline corridors. 7.2 The proposed consent application is to create an access easement shown on the proposed concept plan to support the development of Small Modular Reactors at the Darlington Nuclear Generation Station. The development of small modular reactors support the generating capacity of the plant and does n ot hinder the plans current operations. Furthermore, the Darlington Nuclear Generation Station is already within an AAZ, which would not permit the development of sensitive land uses within the AAZ, and supports the use that is already permitted by provincial policy, regional and local official plan policies. The proposed access easement would enhance the connection of electricity generated at the power plant to the province’s power grid through Hydro One, the largest electricity distributor in the province and the beneficiary of the easement. 7.3 It is staff’s opinion that the consent application conforms to the intent and purpose of the Clarington Official Plan. 8.Zoning By-Law 84-63 8.1 The subject lands are zoned as “Agricultural (A)”, “Environmental Protection (EP)”, “Holding-Light Industrial (M1)”, and “General Industrial (M2)” within Zoning By-law 84-63. Section 3.18 “Public Uses” states that the provisions of the By-law shall not apply to prohibit a public use, by a Public Authority in this case those that are provided by Ontario Power Generation. Municipality of Clarington Committee of Adjustment Page 8 B2025-0033 8.2 It is staff’s opinion that the proposed use meets the intent and purpose of 3.18 within Zoning By-law 84-63. 9. Recommendation 9.1 Should the Committee deem it appropriate to approve the application, staff would request that the approval be conditional upon the owner fulfilling the following conditions: Requirements: Section 1: General 1. The owner must provide a copy of the Draft Reference Plan, with the application, identifying the area subject to the proposed access easement that is approved by the Municipality of Clarington’s Committee of Adjustment, to the Clarington Planning & Infrastructure Services Department. Registration of this Reference Plan is done by the owner’s surveyor at the expense of the owner, including all expenses. 2. That the owner satisfies all the requirements of the Regional Community Growth and Economic Development Department, financial and otherwise as detailed in the Regional Community Growth and Economic Development Department letter dated January 23, 2026. This is to be confirmed by obtaining a clearance letter from the Region’s Community Growth and Economic Development Department and submitted to the Municipality. Advisory Notes 1. It is the owner’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. Prepared by: Jacob Circo Senior Planner, Development Review Division, Planning and Infrastructure Services Department, Municipality of Clarington Municipality of Clarington Committee of Adjustment Page 9 B2025-0033 Concurrence: This report has been reviewed by Amanda Tapp, MCIP, RPP, Manager of Development Review, who concurs with the recommendations. Staff Contact: Jacob Circo, Planner, (905) 623-3379 x2425 or jcirco@clarington.net. Interested Parties: The following interested parties will be notified of Committee's decision: Ray Davies c/o. Ontario Power Generation Inc. – Owner/Applicant MEMO The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6 1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net Page | 1 If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Consent to facilitate to create an access easement shown on the draft reference plan to support the development of Small Modular Reactors at the Darlington Nuclear Generation Station. We have reviewed the above-noted application and have no objection to this proposal. If you have any questions regarding the above-noted comments, please contact Ajay Kumar Alagarsamy, Planning and Infrastructure Services Department. Mina Mehran, EIT, M. Eng. Transportation Engineer on Behalf of Karen Richardson, P.Eng. Manager of Development Engineering Planning and Infrastructure Services MM/AKA To: From: Mina Mehran, Transportation Engineer, on behalf of Karen Richardson, Manager of Development Engineering January 14, 2026 Land Division Application Applicant: Ray Davies on behalf of Ontario Power Generation Incorporated. File: Attachment 1 If you require this information in an accessible format, please contact Planning Reception or call 1-800-372-1102 extension 2548. The Regional Municipality of Durham Community Growth and Economic Development Department 605 Rossland Rd. E. Level 4 PO Box 623 Whitby, ON L1N 6A3 Canada 905-668-7711 1-800-372-1102 Email: communitygrowth @durham.ca durham.ca Sandra Austin Commissioner of Community Growth and Economic Development January 23, 2026 Jacob Circo, Senior Planner Planning and Infrastructure Services Municipality of Clarington 40 Temperance Street Bowmanville, ON L1C 3A6 Re: Application for Consent B-2025-0033 Durham Ref.: LD 008/2026 Owner: Ontario Power Generation Applicant: Ray Davies Location: 1 Holt Road Municipality: Clarington Hearing Date: TBD RECOMMENDATION: That the application LD 008/2026 be approved, subject to the following condition: 1.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 By-law, to the Region’s satisfaction. PURPOSE OF APPLICATION The applicant has proposed a Consent application to create an access easement in favour of 1001368516 Ontario Inc. to provide access to their leased premises located on the east side of the Darlington Nuclear site. The access easement will be required for the duration of the lease term, specifically December 31, 2110. REGIONAL COMMENTS Regional Works Department The Regional Works Department has reviewed this application and offers no comments or objection to approval of the above noted consent application. Attachment 2 B-2025-0033 -2- CONCLUSION The proposed consent application would facilitate the creation of a new easement for access to the subject property in favour of 1001368516 Ontario Inc. The Region has no objection to the approval of this application, but requires that the $500.00 Regional review fee be paid as a condition of approval of this application. Yours truly, Jacob Slevin Jacob Slevin, Planner cc: Grant Young, Regional Works Department From:Sarem Nejad To:Jacob Circo Cc:Chris Jones; Committee of Adjustment (SM) Subject:PLDG1056: Agency Circulation: B-2025-0033 (1 Holt Road) Date:Friday, January 16, 2026 1:12:02 PM Attachments:image001.png Circulation Sheet, B2025-0033_1 Holt Road.pdf DarlingtonNGS_ProposedEasement_2025-12-12 1 .pdf CLOCA regulated Area.pdf EXTERNAL Good afternoon, Jacob Staff have no objection to the proposed easement creation. The proposed access easement is located almost completely outside CLOCA regulated areas. For your reference, please find attached our updated regulation mapping covering the subject area. Regards, To go to our on-line mapping tool, click here This communication (and any attachments) is directed in confidence to the addressee(s) listed above, and may not otherwise be distributed, copied or used. The contents of this communication may also be subject to privilege, and all rights to that privilege are expressly claimed and not waived. If you have received this communication in error, please notify us by reply e-mail or by telephone and delete this communication (and any attachments) without making a copy. Thank you. La présente communication (et tout fichier rattaché) s'adresse uniquement au(x) destinataire(s) précité(s) et ne peut être autrement distribuée, copiée ou utilisée. Le contenu de cette communication peut être assujetti au privilège. Tout droit a ce privilège est expressément revendique et nullement abandonné. Si vous avez reçu cette communication par erreur, veuillez nous en avertir immédiatement en répondant a ce courriel ou en nous appelant. Veuillez également effacer cette communication (et tout fichier rattaché) sans en conserver une copie. Merci! Attachment 3 THE REGULATION LIMIT IS A COMPILATION OF VARIOUS INFORMATION SOURCES. EXISTING FLOODPLAIN MAPPING AND SHORELINE HAZARD MAPPING WERE PREVIOUSLY PREPARED FOR CLOCA BY ENGINEERING CONSULTANTS. EROSION HAZARDS WERE DETERMINED BY CLOCA STAFF AND ASSIGNED AN ALLOWANCE OF 15 METRES. MNR WETLAND DELINEATIONS WERE PROVIDED BY THE MINISTRY OF NATURAL RESOURCES. ALL OTHER WETLAND DELINEATIONS WERE MAPPED BY CLOCA STAFF USING THE ECOLOGICAL LAND CLASSIFICATION (ELC) SYSTEM. BOTH MNR AND ELC WETLANDS WERE ASSIGNED AN ALLOWANCE OF 30 METRES. FOR MORE INFORMATION CONTACT CLOCA (905-579-0411). ORTHOPHOTOGRAPH: FIRST BASE SOLUTIONS INC., MADE AVAILABLE THROUGH A LICENCE AGREEMENT WITH THE REGION OF DURHAM. - FLOWN APRIL 2024. (s.28 Conservation Authorities Act, R.S.O. 1990, Chapter C.27 AND s.4 Ontario Regulation 41/24) OF 28 MAP OF REGULATED AREAS SHEET NO.NO.REVISIONS DATE CHECKED - NATURAL HERITAGE BM CHECKED - REGULATIONS CHECKED - ENGINEERING APPROVED DATE MAPPING BY:PLOT DATE:FILE: November 2025 1 Ontario Regulation 42/06 Approved February 2006 OCT 4/2025 CJ/DH DH CJ KL/AK Annual Update October 2007 R:\Projects_Corporate\Generic_Regulation_Limit\Generic_Regulation_2025\Gen_Reg_Mapbook_Series_2025_FINAL\ 2 June 2010 Bowmanville & Soper, Black Harmony Farewell and Lynde Creek Floodplain updates. Wetland updates. 3 Black Harmony Farewell, Corbett and Lynde Creek Floodplain updates. Wetland updates. 4 February 2012 (c) Copyright. Central Lake Ontario Conservation Authority, 2025. Map Compiled by Central Lake Ontario Conservation Authority, 100 Whiting Avenue, Oshawa, Ontario, L1H 3T3 Source: CLOCA, 2025; Regional Municipality of Durham, 2025; MNR, 2025. Orthophotograph: FBS, Flown April 2024 (Licenced through Regional Municipality of Durham) Projection: NORTH AMERICAN DATUM 1983 UNIVERSAL TRANSVERSE MERCATOR (6 DEGREES) PROJECTION, ZONE 17, CENTRAL MERIDIAN (81 DEGREES WEST) Notice: This Map of Regulated Areas, by reference in s.4 of Ontario Regulation 41/24, depicts areas within the regulatory jurisdiction of CLOCA where development activities are prohibited in the absence of permission by CLOCA. In case of a conflict regarding the boundaries of the regulated areas, as depicted on this map, and those described in statutory text under section 28 of the Conservation Authorities Act and sections 2 and 4 of Ontario Regulation 41/24, the textual description of the boundaries of regulated areas in the Act and Regulation prevail over the visual depiction of areas on this map. Date Printed: November 19, 2025 Bennett, Westside Creek Floodplain updates. Wetland updates.5 May 2013 May 20156Oshawa Creek Floodplain updates. Wetland updates. Hazard Lands updates. NO.REVISIONS DATE 7 8 Oshawa Hazard Lands update. Wetland update.September 2016 October 2025 Pringle Creek, Corbett Creek, Robinson/ Tooley and Lynde Creek Floodplain updates. Wetland updates. Shoreline Hazard updates. Gen_Reg_Mapbook_Series_2025_FINAL.aprx 0 0.5 1 1.5 20.25 Kilometres 6 1:10,010 H I G H W A Y 4 0 1 B A S E L I N E R D S O U T H S E R V I C E R D KJL401KJL401 1 7 8 423 65 9 28 10 11 22 23 16 18 12 2524 19 14 1713 27 20 15 26 21 ¥ ¥ 0 5 10 Km Legend REGULATION LIMIT REGULATION AREA CLOCA Political Boundary Municipality Planning and Infrastructure Services Committee of Adjustment Minor Variance Summary of Comments Submitted A-2025-0047 125 Port Darlington Rd, Bowmanville, ON Municipal Departments / External Agencies Comment Economic Development Departments however no official comments as the proposal is beyond the scope of Regional interest – see Attachment 3 (CLOCA) Municipality of Clarington Committee of Adjustment A-2025-0047 Page 2 If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Date of Meeting: January 29, 2026 File Number: A-2025-0047 Address: 125 Port Darlington Rd, Bowmanville, ON Report Subject: Minor Variance application to expand the uses within the site specific General Industrial Exception (M2-2) Zone to include the following a) Contractor's or tradesman's workshop and yard; b) Equipment sales and rental, light; c) Equipment sales and rental, heavy; d) Outside storage of goods and materials where such use is accessory and incidental to a permitted use e) A farm implement and equipment sales and service establishment; f) A dry light industry within a wholly enclosed building or structure; g) A work shop within a wholly enclosed building or structure; h) An assembly, manufacturing, fabricating or processing plant within a wholly enclosed building or structure; i) A motor vehicle repair garage within a wholly enclosed building or structure Recommendations: 1. That the Report for Minor Variance Application A-2025-0047 be received; 2. That all written comments and verbal submissions are considered in the deliberation of this application; 3. That application A-2025-0047, for a Minor Variance to Section 24.4.2a. to expand the uses within the site specific General Industrial Exception (M2-2) Zone to include the following: a. Contractor's or tradesman's workshop and yard; b. Equipment sales and rental, light; c. Equipment sales and rental, heavy; Municipality of Clarington Committee of Adjustment A2025-0047 Page 3 d. Outside storage of goods and materials where such use is accessory and incidental to a permitted use e. A farm implement and equipment sales and service establishment; f. A dry light industry within a wholly enclosed building or structure; g. A work shop within a wholly enclosed building or structure; h. An assembly, manufacturing, fabricating or processing plant within a wholly enclosed building or structure; i. A motor vehicle repair garage within a wholly enclosed building or structure. be denied as it does not maintain the general intent and purpose of the Clarington Official Plan, and the Zoning By-law 84-63, it is not desirable for the appropriate development or use of the land, and it is not minor in nature. 4. That all interested parties listed in this report be forwarded a copy of the Committee’s decision. Municipality of Clarington Committee of Adjustment A-2025-0047 Page 4 1. Application Details 1.1 Owner: 1.2 Applicant: Andrew Russell, Neil Burgess and Associates Law Office Law 84-63 Designation: “Community Area” Designation: 1.9 Secondary Plan Designation: “Waterfront Greenway” Port Darlington Neighbourhood Secondary Plan – “Marina Commercial” 1.10 Heritage Status: None 1.11 Water, Sewage and Storm Servicing: Municipal Water, Municipal Drainage, Septic Sanitary Sewage System Municipality of Clarington Committee of Adjustment A-2025-0047 Page 5 Figure 1: Property Location Map Municipality of Clarington Committee of Adjustment A-2025-0047 Page 6 2. Background 2.1 The Municipality has engaged in numerous discussions with the property owner regarding requests to change the zoning of the subject property, dating back to 2019. Since that time, three formal pre-consultation meetings have been held with the property representative, each involving different development proposals that did not conform to the property’s permitted land uses and zoning provisions. Throughout these discussions, Staff’s position has remained consistent. Due to the nature of the pre- consultation process being confidential, Staff cannot provide any of the documentation to the Committee from those meetings. It is integral to note that during each of these discussions over the past several years, Staff have clearly advised that a minor variance is not the appropriate planning mechanism to achieve a change in land use and/or zoning permissions. Such changes would require higher-order Planning Act applications, including an Official Plan Amendment and/or a Zoning By-law Amendment, or both, depending on the proposed use. 2.2 In June 2024, the property representative submitted a minor variance application that proposed to expand the uses on the property, similar to what is being proposed currently. At the time, Staff notified the applicant that according to Section 45 of the Planning Act, the proposal was beyond the decision powers of the Committee of Adjustment and that, at a minimum, a Zoning By-Law Amendment Application would be more appropriate (see Attachment 1). Staff heard back from the property representative via e-mail on December 6, 2024, advising they would proceed with the pre-consultation process, as requested by staff. 2.3 In February 2025, staff met with the applicant to discuss expanding the uses on the property. It was determined that a Regional Official Plan Amendment, Clarington Official Plan Amendment and Zoning By-Law Application would be required to expand the uses on the property to include the proposed industrial uses that are permitted within the Light Industrial (M1) and General Industrial (M2) Zones. 2.4 Several conversations ensued between Staff and the property representative during Spring/Summer and Fall of 2025 to try to permit more scoped uses, beyond the uses permitted in the current zoning (specific to interested buyers at the time). None of these proposals were brought forward for formal review or contemplation. 2.5 The property representative went on to submit a Minor Variance Application (A2025- 0047) on November 21, 2025. The December 2025 Committee of Adjustment Meeting was cancelled, and all applications were moved to the January Committee of Adjustment agenda. Municipality of Clarington Committee of Adjustment A-2025-0047 Page 7 2.6 The proposed minor variance application (A2025-0047) is to expand the permitted uses on the property from Boat Repair Shop and Boat Storage Area to include the following: a) Contractor's or tradesman's workshop and yard; b) Equipment sales and rental, light; c) Equipment sales and rental, heavy; d) Outside storage of goods and materials where such use is accessory and incidental to a permitted use e) A farm implement and equipment sales and service establishment; f) A dry light industry within a wholly enclosed building or structure; g) A work shop within a wholly enclosed building or structure; h) An assembly, manufacturing, fabricating or processing plant within a wholly enclosed building or structure; i) A motor vehicle repair garage within a wholly enclosed building or structure. 2.7 It is Staffs opinion that the nature of this proposal is beyond the powers of the Committee of Adjustment as per Section 45(3) of the Planning Act. Minor Variances must vary a specific provision in the By-Law. They cannot be used to introduce new uses unless they are considered similar to the permitted uses or legal non-confirming uses. The proposed uses in the application have not proven to be either of the above. Additionally, introducing the proposed uses does not meet the four tests of a Minor Variance under the Planning Act. 2.8 Staff spoke with the applicants on December 23, 2025, and again on January 8, 2026, to reiterate that the application would not be supportable as it does not meet the four tests of a Minor Variance under the Planning Act. 2.9 The applicant aware that the proposed minor variance application is not supported by Staff. The applicant stated during their phone calls with Staff on December 23, 2025, and January 8, 2026, that they still wished to proceed with the minor variance application. 3. Land Characteristics and Surrounding Uses 3.1 The subject property is located on Port Darlington Road south of East Shore Drive, in Bowmanville (see Figure 1). The property’s lot area is approximately 3.61 acres. Municipality of Clarington Committee of Adjustment A-2025-0047 Page 8 3.2 The surrounding uses are as follows: South – East Beach Park North- Boat storage facility East – Region of Durham Water Supply and Treatment Plant West – Link townhouse dwelling 4. Public Notice and Submissions 4.1 Pursuant to the requirements of the Planning Act, the appropriate signage notifying of the application was installed on the subject lands. In addition, the appropriate notice was mailed to each landowner within 60 metres of the subject site. 4.2 At the time of writing this report, Staff have received one comment in opposition to the minor variance application. The commenters main concerns are that the requested variances are not in alignment with the proposed waterfront strategy, would increase traffic of trucks and larger vehicles to the neighborhood and would negatively impact safety in the area. It was the opinion the permitted uses to general industrial uses would not be suitable for the area (See Attachment 6). 5. Discussion Maintain the general intent and purpose of the Clarington Official Plan 5.1 The subject property is designated Waterfront Greenway within the Clarington Official Plan. It is also designated Marina Commercial in the approved Port Darlington Neighborhood Secondary Plan. 5.2 According to policy 14.8 of the Official Plan, “The Municipality shall seek to protect and regenerate the unique physical, natural and cultural attributes associated with the Lake Ontario Waterfront. The predominant use of land within the Waterfront Greenway designation shall be low intensity recreational uses, compatible tourism uses, conservation, and agriculture. In addition, Marinas may be permitted in the Waterfront Greenway designation by amendment to this Plan…” The proposed expansion of uses would expand the uses far beyond boats and marina uses. Without further information that would normally be required through higher order applications is unclear if this expansion of uses would be harmful to the physical, natural and cultural attributes of the waterfront and therefore would not be in conformity with policy 14.8 of the Official Plan. 5.3 Section 6.1 of the Port Darlington Neighborhood Secondary Plan lists the permitted uses within this designation. Simply put, any uses on the property must be related to boat storage, repairs, manufacturing and sales as well as marina uses, given the property’s proximity to Lake Ontario. Expanding the uses beyond boat and marina related uses would not conform to the intent and purpose of the Clarington Official Plan and Secondary Plan and is therefore not supportable. Municipality of Clarington Committee of Adjustment A-2025-0047 Page 9 5.4 It is staff’s opinion that the application does not conform to the intent and purpose of the Clarington Official Plan or Port Darlington Neighborhood Secondary Plan. Maintain the general intent and purpose of the Zoning By-law 5.5 The subject property is zoned “General Industrial Exception (M2-2)’’ within Zoning By- Law 84-63. The “M2-2” Zone is a site-specific zone which only permits a boat repair shop and boat storage area. 5.6 The site-specific “M2-2” zoning was approved by Municipal Council in 1981 through By- law 81-99 on August 5, 1981. At that time, the property at 125 Port Darlington Road was owned by the Municipality. At the time, a boat repair and boat storage facility conformed to the policies of the Durham Regional Official Plan, which permitted marina-related development and associated uses. Accordingly, Municipal planning staff supported a site-specific rezoning to facilitate the proposed use. 5.7 It is Staffs opinion that the proposal to introduce new uses, which are not similar is outside of the scope of a Minor Variance Application and beyond the power of the Committee of Adjustment. Introducing new and general uses as requested within the application would require higher-order Planning Act applications, including an Official Plan Amendment and/or a Zoning By-law Amendment, or both, depending on the proposed use. 5.8 Without the appropriate materials normally submitted for higher-order Planning Act applications Staff and the Committee have no way of knowing the potential effects and impacts of these new uses within the Port Darlington area. 5.9 For the above stated reasons, it is Staff’s opinion that the application is not in conformity with the intent and purpose of Zoning By-Law 84-63. Desirable for the appropriate development or use of the land, building or structure 5.10 When reviewing higher-order Planning Act applications, several studies are required by Staff to review the appropriateness for a property and the surrounding areas. These studies have not been provided to form part of this minor variance application. Without these studies, Staff cannot determine impact related to safety, environmental effects, suitability and any negative effects of expanding the uses on the property or surrounding lands. 5.11 For the above stated reasons, Staff cannot determine if the minor variance requested is appropriate development or use of the land, buildings, and structures. Minor in Nature 5.12 As mentioned, several times throughout this report, Staff are of the opinion that a minor variance is not the appropriate planning mechanism to achieve a change in land use and/or zoning permissions. Such changes would require higher-order Planning Act applications, including an Official Plan Amendment and/or a Zoning By-law Amendment, or both, depending on the proposed use(s). Municipality of Clarington Committee of Adjustment A-2025-0047 Page 10 5.13 The proposal introduces nine new uses, which are not similar, nor proven to be legal non-confirming to the existing permissions of the “M2-2” zone. 5.14 It is Staff’s opinion that the proposed variance to introduce nine uses is significantly beyond the scope of a minor variance application and is not appropriate to consider minor in nature. 6. Conclusion 7.1 Given the above comments, staff recommend denial of the application for a Minor Variance to Section 24.4.2a. to expand the uses within the site specific General Industrial Exception (M2-2) Zone to include the following: a. Contractor's or tradesman's workshop and yard; b. Equipment sales and rental, light; c. Equipment sales and rental, heavy; d. Outside storage of goods and materials where such use is accessory and incidental to a permitted use e. A farm implement and equipment sales and service establishment; f. A dry light industry within a wholly enclosed building or structure; g. A work shop within a wholly enclosed building or structure; h. An assembly, manufacturing, fabricating or processing plant within a wholly enclosed building or structure; i. A motor vehicle repair garage within a wholly enclosed building or structure. as it does not maintain the general intent and purpose of the Clarington Official Plan, and the Zoning By-law 84-63, is not desirable for the appropriate development or use of the land and is not minor in nature. Submitted by: Hebah Masood Acting Secretary-Treasurer Committee of Adjustment at the Municipality of Clarington Municipality of Clarington Committee of Adjustment A-2025-0047 Page 11 Concurrence: This report has been reviewed by Amanda Tapp MCIP, RPP, Manager of Development Review, who concurs with the recommendations. Staff Contact: Hebah Masood, Planner II, (905) 623-3379 x2437 or hmasood@clarington.net Attachments Attachment 1 - Letter regarding 2024 Minor Variance Application Attachment 2 - Regional Comments Attachment 3 - CLOCA Comments Attachment 4 - Development Engineering Comments Attachment 5 – Written comments from Keven Reay Interested Parties: Keven Reay Attachment # 1 to Cover Letter From:Jacob Slevin To:Committee of Adjustment (SM) Cc:Roberta Honeyford Subject:Re: Agency Circulation: A-2025-0047 (125 Port Darlington Road) Date:Tuesday, January 20, 2026 10:12:53 AM Attachments:image001.png Outlook-f4b0x1el.png Outlook-x55vmbxf.png Outlook-he10md4n.png Outlook-3q4y1abr.png Outlook-ohv150xb.png EXTERNAL Hi Elissa, Regional staff have reviewed this Minor Variance application and concur with the opinion of Clarington staff, as expressed in Attachment 1, that the proposed expansion of permitted uses is beyond the scope of the Committee of Adjustment and that a Zoning By-Law Amendment would be a more suitable method of expanding the permitted uses. However, it is also noted that this Minor Variance application is beyond the scope of Regional interest, and therefore the Region offers no official comment on this application. Best, Jacob Slevin | Planner Community Growth and Economic Development Department The Regional Municipality of Durham Jacob.Slevin@durham.ca | 905-668-4113 extension 2863| durham.ca My pronouns are he/him. 100 WHITING AVENUE OSHAWA ON L1H 3T3 | P. 905 579 0411 | F. 905 579 0994 | CLOCA.COM Healthy watersheds for today and tomorrow. January 20, 2026 Committee of Adjustment Municipality of Clarington Planning Services Department 40 Temperance Street Bowmanville, ON L1C 3A6 Attention: Hebah Masood, Acting Secretary/Treasurer, Committee of Adjustment Subject: Minor Variance Application A2025-0045 Applicant: Andrew Russell, Neil Burgess and Associates Law Office Address: 125 Port Darlington Rd, Bowmanville CLOCA File No.: PVOG403 Purpose of Application: A minor variance application to expand the uses within the site specific General Industrial Exception (M2-2) Zone to include workshop, equipment sales, storage and vehicle repair uses. Thank you for circulating Central Lake Ontario Conservation Authority (CLOCA) on the above noted minor variance application. The subject property is located within the Bowmanville Creek watershed and is subject to requirements of the Ontario Regulation 41/24: Prohibited Activities, Exemptions and Permits, under the Conservation Authorities Act. Accordingly, a permit would be required to be obtained from CLOCA prior to any future construction and site alteration activities on the regulated portions. Please find a CLOCA mapping showing the regulated areas appended to this letter. Staff do not have an objection towards the approval of the proposed minor variance. However, below requirements must be fulfilled to the satisfaction of the Central Lake Ontario Conservation Authority through the future development application proposed for subject lands: Natural Hazards: Safe Access The subject property is outside flooding hazard but portions of Port Darlington Road on the north side and southwest corner of the site are subject to flooding hazard. The ability for the public and emergency operations personnel (police, firefighters, ambulance, etc.) to safely access hazardous lands during flood events is a paramount consideration in any application for development within the riverine floodplain. The existing south entrance to the site is outside floodplain, therefore it can be utilized as a future emergency vehicular access to the site. Any proposed development to accommodate above mentioned uses must consider the provision of safe access and plans and drawings must identify vehicular Page | 2 Healthy watersheds for today and tomorrow. access to and from Port Darlington Road on the south side. Please see the location of the entrance on the attached mapping. The Conservation Authorities Act and Ontario Regulation 41/24 Please note that a CLOCA permit pursuant to Ontario Regulation 41/24 needs be acquired from CLOCA prior to starting any construction activity. The applicant is required to contact CLOCA after receiving their Planning Act application approval to consult our permit requirements. Thank you for the opportunity to provide comments on this minor variance application. Please feel free to contact the undersigned should you have any questions. 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The applicant requires a Minor Variance to facilitate to expand the uses within the site specific General Industrial Exception (M2-2) Zone to include the following: a) Contractor's or tradesman's workshop and yard; b) Equipment sales and rental, light; c) Equipment sales and rental, heavy; d) Outside storage of goods and materials where such use is accessory and incidental to a permitted use e) A farm implement and equipment sales and service establishment; f) A dry light industry within a wholly enclosed building or structure; g) A work shop within a wholly enclosed building or structure; h) An assembly, manufacturing, fabricating or processing plant within a wholly enclosed building or structure; i) A motor vehicle repair garage within a wholly enclosed building or structure. Development Engineering has reviewed the above-noted application. We have no objection to this proposal. If you have any questions regarding the above-noted comments, please contact Ajay Kumar Alagarsamy, Planning and Infrastructure Services Department. Mina Mehran, EIT, M. Eng. Transportation Engineer on Behalf of Karen Richardson, P.Eng. Manager of Development Engineering Planning and Infrastructure Services MM/AKA To: From: Mina Mehran, Transportation Engineer, on behalf of, Karen Richardson, Manager of Development Engineering January 14, 2026 Minor Variance Application A2025-0047 Applicant: Andrew Russell, Neil Burgess and Associated Law Office Address: 125 Port Darlington Road, Bowmanville January 22, 2026 To: The Committee of Adjustments Municipality of Clarington Regarding: Application of Minor Adjustment A-2025-0047 My name is Keven Reay and I live in unit #12 at 120 Port Darlington Rd., directly adjacent to the Applicant. I believe I speak the sentiments of many, if not most, of the owners in our 25 unit townhouse complex. I would like to preface my comments by first saying that Wiggers has been an excellent neighbour and while we would hate to see them leave, we understand their need to expand the market for the potential sale of their property. Having said that, we would gladly welcome a minor variance for residential or businesses that complement this area and aligns with Clarington’s recent waterfront strategy. We do not agree with the shot gun approach to the businesses listed in the application. This area has become unique since the development of the waterpark and Kaitlin homes east of us. Foot, bike and car traffic has increased exponentially along Port Darlington Rd. over the last 5 years. The road is designated as the part of the waterfront trail. The road has no sidewalk; it is in poor repair and there are blind spots. At any time of day, particularly in the warmer months, you will see people and bikes on this road. The road has become part of a popular circuit for peoples’ daily walk. We have advised the Municipality that it is dangerous and something must be done before someone is seriously injured. Allowing businesses listed in the minor variance is wrong for two reasons. One, the use of that property would not align with the new waterfront strategy. And two, increased truck traffic creates additional risk to the people who come to enjoy the waterpark, waterfront and the waterfront trail. We also question the details of any sale if the application is approved. The applicant also owns the waterfront property beside the waterpark. Does the application include this valued waterfront property? Currently it is listed on MLS with the condition that, if purchased, the buyer must also purchase the boat yard. This needs to be resolved. Does the Municipality wish to see a factory or garage on the waterfront? We ask that the Committee of Adjustments consider the longer term strategy for this area. The Bowmanville waterfront will never be visioned as a safe and family friendly go to spot until it takes some responsibility for the future of the road, and the privately owned lands, ie. Wiggers and the Marina, owned by Kaitlin. We suggest that the Applicant reapply asking for a minor variance that is in line with what the area has now become. Townhomes, old age homes, restaurants or additional parkland are just some suggestions. We will gladly support a minor variance provided it is reasonable for the area. Thank you Keven Reay kevenreay@gmail.com 647-643-5956 Planning and Infrastructure Services Committee of Adjustment Minor Variance A-2025-0049 62 Concession Street West, Bowmanville ON If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131. Date of Meeting: January 29, 2026 File Number: A-2025-0049 Cross Reference: B-2025-0030 Address: 62 Concession Street West, Bowmanville, ON Report Subject: A Minor Variance application to facilitate severance application B-2025- 0030. The application proposes to: a)Reduce the minimum lot frontage on Parts 3 and Part 4 from 16 metres to 15 metres and b) reduce the minimum lot size for Part 1 from 460 square metres to 453 square metres. Recommendations: 1.That the Report for Minor V ariance Application A-2025-0049 be received; 2.That all written comments and verbal submissions are c onsidered in the deliberation of this application; 3.That application A-2025-0 049, for a Minor Variance be tabled subject to conditions for a period of 60 days following the receipt of requested information to allow for further discussions between the applicant and staff. 4.That all interested parties listed in this report be forwarded a copy of the Committee’s decision. Municipality of Clarington Committee of Adjustment A-2025-0049 Page 2 1. Application Details 1.1 Owner: 1.2 Applicant: Bob Martindale, Martindale Planning Services from 16 metres to 15 metres and b) reduce the minimum lot size for Part 1 from 460 square metres to 453 square metres. Figure 1: Property Location Map Municipality of Clarington Committee of Adjustment A-2025-0049 Page 3 2. Background 2.1 In April 2022, a pre-consultation meeting was held regarding severing the parcel into four parts. It was determined through this meeting that a Consent Application and Minor Variance Application would be required to sever the property and to meet the zoning requirements of the Urban Residential Type One Zone and Neighborhood Character Overlay (NCO). 2.2 The applicants submitted a Minor Variance Application (A-2025-0049) and a Consent Application (B-2025-0030) on December 15, 2025. 2.3 The minor variance application is facilitating severance application B-2025-0030. The application proposes to: i.Reduce the minimum lot frontage on Parts 3 and Part 4 from 16 metres to 15 metres, ii.Reduce the minimum lot size for Parts 1 from 460 square metres to 453 square metres. 2.4 Upon receipt in December, Staff understood the application was to sever Parts 1, 3 and 4 to create three additional residential lots (See Attachment 1). On January 12, 2026, Staff confirmed with the applicants that the current application is to only sever Part 1 of the property where the coach house exists. Consent applications for Parts 3 and 4 will be received at a future date. 2.5 At the time of the application, the existing coach house on Part 1 was not located on the site plan to complete a fulsome review. 2.6 On January 23, 2026, staff received an updated site plan that included the location of the existing coach house on Part 1 (See Attachment 2). 3.Public Notice and Submissions 3.1 Pursuant to the requirements of the Planning Act, the appropriate signage notifying of the application was installed on the subject lands. In addition, the appropriate notice was mailed to each landowner within 60 metres of the subject site. 3.2 At the time of writing this report, staff received two inquiries regarding this proposal. i.The first inquiry was asking for more information and to be added to the interested parties list. ii.The second inquiry was concerning the proximity of the coach house to the property line. The additional information requested by staff will help clarify this issue. 4. Discussion 4.1 Through a more detailed review of the application Staff have identified additional variances are required that were not identified when the application was circulated to the Committee or the Public. 4.2 Staff recommend that the application be tabled to allow for further discussions with the applicant so they can provide additional information to be submitted and reviewed. This additional information will be integral in aiding staff to provide a recommendation on the proposal to the Committee. 4.3 Staff are requesting that the applicant provide the following information to staff: i. An updated site plan showing: the existing dwelling, coach house, setbacks, lot coverage and proposed property lines for the consent application be submitted. ii. Coach house information including height of the existing structure and whether the coach house currently has a kitchen and/or washroom. 5. Changing Legislation 5.1 Staff would like to note to the Committee that Bill 17, amending Section 34 of the Planning Act, received royal ascent on June 5, 2025. Bill 17 allows a 10% as-of-right variance to setbacks, without a formal application being required. It is further noted that Bill 60, amending Section 34 of the Planning Act, was filed on November 2025, which proposes as-of-right variances to other zoning requirements. As of the writing of this report, Bill 60 has not yet received royal ascent, and the prescribed regulation is still forthcoming. These changes to the Planning Act may play a role in the review of the proposed minor variances. The application will be reviewed against any applicable legislation at such time a future recommendation report is brought forward. 6. Conclusion 6.1 The recommendation from Planning Staff is that application for a Minor Variance be tabled for a period of 60 days following the receipt of requested information to allow for further discussions between the applicant and staff. The requested information is as follows and previously outlined in Section 2.9 of this report: i. An updated site plan showing: the existing dwelling, coach house, setbacks, lot coverage and proposed property lines for the consent application be submitted. ii. Coach house information including height of the existing structure and whether the coach house currently has a kitchen and/or washroom. Municipality of Clarington Committee of Adjustment A-2025-0049 Page 5 Submitted by: Hebah Masood Acting Secretary-Treasurer Committee of Adjustment at the Municipality of Clarington Concurrence: This report has been reviewed by Amanda Tapp, MCIP, RPP, Manager of Development Review, who concurs with the recommendations. Staff Contact: Hebah Masood, Planner II, (905) 623-3379 x2437 or hmasood@clarington.net Attachments Attachment 1: Draft Reference Plan Attachment 2: Site Plan of Coach House Interested Parties: Rick Watson Paul Masters Attachment 1 Attachment 2