HomeMy WebLinkAbout2026-03-26
Committee of Adjustment Meeting
Teams Video Meeting & Teleconference
Thursday, March 26, 2026
Time: 6:30pm
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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-2024-0028
Owner/Agent: 7575025 Canada Incorporated / Colin Quinlan c/o ER Group of Companies
Staff: Hebah Masood
Address: 249 Liberty Street N, Bowmanville
File Number: B-2025-0031
Owner/Agent: Perry Jackman / Jennifer Beatty
Staff: Hebah Masood
Address: 55 Nelson Street, Bowmanville
File Number: B-2026-0001
Owner/Agent: CSH (Bowmanville) Inc. / Greg Gilbert c/o Fitzrovia Real Estate Inc.
Staff: Ainsley Johnston
Address: 105 Queen Street, Bowmanville
File Number: B-2026-0002
Owner/Agent: Alison Iantomasi
Staff: Hebah Masood
Address: 6540 Liberty Street N, Bowmanville
File Number: B-2026-0003
Owner/Agent: CSH (Bowmanville) Inc. / Greg Gilbert c/o Fitzrovia Real Estate Inc.
Staff: Ainsley Johnston
Address: 105 Queen Street, Bowmanville
File Number: B-2026-0004
Owner/Agent: 2676582 Ontario Inc / Theresa Vanhaverbeke
Staff: Hebah Masood
Address: 115 Beaver Street N, Newcastle
5. 5 Minute Recess
6. Declaration of Interest
7. Minor Variance Applications to be heard:
File Number: A-2026-0004
Owner/Agent: Raul Nobrega / Lonny Gibson on behalf of Hull Drafting & Development
Staff: Akibul Hoque
Address: 8629 Dawson Road
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
B2024-0028
249 Liberty Street North, Bowmanville, ON
Municipal Departments / External Agencies Comment
Clarington Building Division No concerns
Clarington Development Engineering Division No objection – See Attachment 1
Clarington Community Planning Comments No concerns - See Attachment 2
Clarington Fire and Emergency Services Department No concerns – See Attachment 3
Durham Region – Works and Community Growth and
Economic Development
Comments Outstanding
Canada Post No concerns – See Attachment 4
Municipality of Clarington
Committee of Adjustment Page 2
B-2024-0028
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Date of Meeting: March 26, 2026
File Number: B2024-0028
Address: 249 Liberty Street North, Bowmanville
Report Subject: The purpose of this application is to facilitate a semi-detached dwelling by
seeking consent to sever a 356 square metre residential parcel of land,
retaining a 355 square metre parcel of land. As shown on the Draft 40R
Plan, the lands shown as Part 3 are proposed to be severed from Part 2.
Part 1 represents a 5 metre road widening to Liberty Street.
Recommendations:
1. That the Report for Consent file B2024-0028 be received.
2. That all written comments and verbal submissions are considered in the deliberation
of this application.
3. That application B2024-0028 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-2024-0028
1. Application Details
1.1 Owner: 7575025 Canada Incorporated
1.2 Applicant: Colin Quinlan c/o ER Group of Companies
1.3 Proposal: The purpose of this application is to facilitate a semi-
detached dwelling by seeking consent to sever a 356
square metre residential parcel of land, retaining a 355
square metre parcel of land. As shown on the Draft 40R
Plan, the lands shown as Part 3 are proposed to be
severed from Part 2. Part 1 represents a 5 metre road
widening to Liberty Street.
84-63
Designation:
Designation: Urban Residential
Municipality of Clarington
Committee of Adjustment Page 4
B-2024-0028
Figure 1 – Lands Subject to Consent Application
Municipality of Clarington
Committee of Adjustment Page 5
B-2024-0028
2. Background
2.1 On August 18, 2022, a consent application was submitted to the Region by the
owner’s agent Colin Quinlan c/o ER Group of Companies, for consent to sever
lands municipally known as 249 Liberty Street North, Bowmanville. The effect of
the subject application was to create one (1) severed lot and one (1) retained lot.
The associated file number is LD2022/110.
2.2 Clarington’s Planning Staff report recommended that the application be tabled to
allow the applicant, Regional, and Clarington Staff to have further discussions on
meeting the requirements of Zoning By-law 84-63 (see Attachment 5).
2.3 The application was tabled by the Region at the October 3, 2022, land division
meeting for a period of up to (2) years and no later than October 3, 2024 (see
Attachment 6).
2.4 The applicant originally applied for a severance for two single detached dwellings
on the subject lands. On October 3, 2022, the agent/owner’s land division
application (LD2022-110) was tabled by the Regional Municipality of Durham to
address their comments. The Region requires a 5 meter road widening along
Liberty Street North that significantly reduces the lot area of both the severed and
retained portion. This would have further implications on the proposal as
setbacks and lot coverage would have been reduced far to significantly. At the
time, the applicant proposed to construct 2 single detached dwellings. In early
January 2023, the agent contacted the Municipality with a revised proposal to
allow for semi-detached dwellings and two Additional Dwelling Units (ADU’s) in
the rear yard.
2.5 On January 30, 2023, the Planning & Infrastructure Services Department
received a minor variance application for A2023-0005. That minor variance
application sought to facilitate the construction of a semi-detached dwelling by
decreasing the minimum permitted front yard setback to a private garage from 6
metres to 1.8 metres, and to the dwelling from 4.5 metres to 1.8 metres. To
increase the front porch and porch steps projection from 1.50 metres to 3.15
metres, leaving a 1.35 metres front yard setback. The minor variance decision
was approved, final and binding from the Municipality of Clarington’s Committee
of Adjustment on March 15, 2023 (see Attachment 7).
2.6 The Municipality of Clarington received building permits for the above noted
application on January 27, 2023, and the applicant requested that their consent
application be re-tabled for another two (2) year period to address comments
from the Regional Municipality of Durham (see Attachment 8).
2.7 The applicants received clearance from the Region of Durham that their
comments have been addressed.
Municipality of Clarington
Committee of Adjustment Page 6
B-2024-0028
2.8 On January 21, 2026, Planning Staff received a request from the applicants to lift
the Consent Application from the table.
2.9 The purpose of this application is to facilitate a semi-detached dwelling by
seeking consent to sever a 356 square metre residential parcel of land, retaining
a 355 square metre parcel of land. (see Figure 1).
2.10 As shown on the Draft 40R Plan, the lands shown as Part 3 are proposed to be
severed from Part 2. Part 1 represents a 5 metre road widening to Liberty Street
(see Figure 2).
2.11 Upon review of the draft survey below, it would appear the minimum 1.8 meter
front yard setback approved through Minor Variance Application A2023-0005 has
been further reduced to 1.21 meters. An additional Minor Variance will be
required and is listed as a condition within Section 9 of this report.
Figure 2 – Draft survey showing proposed consent application lot fabric
Municipality of Clarington
Committee of Adjustment Page 7
B-2024-0028
3. Land Characteristics and Surrounding Uses
3.1. The subject property municipally known as 249 Liberty Street North is located in
Bowmanville. It is on the east side of Liberty Street, south of Longworth Avenue
and north of Scottsdale Drive.
3.2. The property forms a rectangular shaped lot that has an area of 845 square
metres, a depth of approximately 31 metres, and a frontage of 26.82 metres
along Liberty Street. The areas surrounding the property are residential
consisting of single detached dwellings.
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
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. For the purposes of this review, it is the opinion of Staff that the
proposed application is consistent with the criteria (a) – (m) of Section 51(24)
under the act.
Provincial Planning Statement (2024)
5.2. Section 2.2 Housing: Planning authorities shall provide for an appropriate
range and mix of housing options and densities to meet projected needs of
current and future residents of the regional market area by: permitting and
facilitating all housing options required to meet the social, health, economic and
wellbeing requirements of current and future residents, including additional
needs housing and needs arising from demographic changes.
5.3 For the purposes of this review, it is the opinion of the Staff that the proposed
application is consistent with the criteria (a) – (m) of Section 51(24) under the
Planning Act, R.S.O. 1990, c. P.13, and Provincial Planning Statement (2024).
Municipality of Clarington
Committee of Adjustment Page 8
B-2024-0028
6. Durham Region Official Plan (Envision Durham)
6.1 The subject property is designated as “Community Area” within the Durham
Region Official Plan (Envision Durham). The “Community Area” designation is
generally intended for a range of housing and commercial uses such as retail
shopping and personal service uses, offices, institutional uses, community uses,
and public service facilities such as schools, libraries and hospitals, as well as an
array of cultural and recreational uses.
6.2 The proposed semi-detached dwelling is a supported residential use within the
land use designation.
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 “Urban Residential” within the Clarington
Official Plan.
7.2 The proposed semi-detached dwelling is a supported residential use within the
designation.
7.3 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 is 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 is satisfied that this
application for consent does not result in
ribbon development.
Municipality of Clarington
Committee of Adjustment Page 9
B-2024-0028
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
The Region has no objections or
conditions for the approval of the consent
application. Planning Staff is satisfied that
this application meets the requirements of
the Region of Durham.
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
Planning Staff is satisfied that this
application for consent does not result in
the creation of a landlocked parcel of
land.
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
The application is consistent in keeping
with the character of the surrounding
neighbourhood.
Minor Variance application A2023-0005
sought to facilitate the construction of a
semi-detached dwelling by decreasing
the minimum permitted front yard setback
to a private garage from 6 metres to 1.8
metres, and to the dwelling from 4.5
metres to 1.8 metres. To increase the
front porch and porch steps projection
from 1.50 metres to 3.15 metres, leaving
a 1.35 metres front yard setback.
This application is conditional upon
approval of an additional minor variance
application, as indicated in Section 9 of
the report, in order to satisfy that this
application for consent (severance)
conforms to the provisions of Zoning By-
law 84-63.
Municipality of Clarington
Committee of Adjustment Page 10
B-2024-0028
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
Planning Staff is satisfied a traffic hazard
would not be created.
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
This application for consent is subject to
the fulfillment of Municipal conditions –
(See Section 9 of this report)
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
Planning Staff is satisfied that a plan of
subdivision is not required as there is only
one new lot being created.
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
Not applicable.
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.
Municipality of Clarington
Committee of Adjustment Page 11
B-2024-0028
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.
7.4 For the purposes of this review, it is Staff’s opinion that the proposal conforms to
the applicable policies under Section 23.7 a) – k).
7.5 It is Staff’s opinion that the consent application conforms to the intent and
purpose of Clarington Official Plan, subject to the fulfillment of the conditions
listed in Section 9 of this report.
8. Zoning By-law 84-63
8.1 The subject property is zoned “Urban Residential Type One (R1)” within Zoning
By-Law 84-63.
8.2 The proposed single detached dwelling is a permitted use within the zone.
8.3 Minor Variance Application A2023-0005 was approved, final and binding from the
Municipality of Clarington’s Committee of Adjustment on March 15, 2023. That
minor variance application sought to facilitate the construction of a semi-
detached dwelling by decreasing the minimum permitted front yard setback to a
private garage from 6 metres to 1.8 metres, and to the dwelling from 4.5 metres
to 1.8 metres. To increase the front porch and porch steps projection from 1.50
metres to 3.15 metres, leaving a 1.35 metres front yard setback.
8.4 However, the front yard setback has been further reduced to 1.21 metres as
shown in the draft survey. Staff have included a condition in Section 9 of this
report that an additional Minor Variance Application must be approved for the
further reduced front yard setback.
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, applicant or
agent fulfilling the following conditions:
Municipality of Clarington
Committee of Adjustment Page 12
B-2024-0028
Requirements:
Section 1: General
1. That the applicant satisfies all the requirements of the Municipality of Clarington’s
Development Engineering Division, financial and otherwise as detailed in the
Development Engineering letter dated February 26, 2026.
2. The owner, applicant or agent must provide a draft Reference Plan with the
application which will be reviewed by the Planning and Infrastructure Department
and approved by the Municipality prior to registration; Registration of this
Reference Plan is done by the owner, applicant, or agent’s surveyor at the
expense of the owner/applicant or agent and shall be completed prior to the
registration of the consent agreement.
3. The owner must enter into a consent agreement with the Municipality of
Clarington.
4. The applicant will be required to provide an appropriate cash contribution in lieu
of the normal parkland dedication. Note: This payment is equivalent to 5% of the
value of the retained parcel. In order to determine the value of the land, the
applicant shall retain a certified Land Appraiser to prepare a land appraisal.
Alternatively, and at the discretion of the Deputy CAO of Planning and
Development Services, a purchase and sale agreement within six months prior to
the execution of the Consent Agreement will be used to base the land value.
5. All taxes shall be paid in full to the Municipality of Clarington prior to the issuance
of a clearance letter.
6. Once all other conditions have been satisfied, the applicant shall engage their
solicitor to provide the Municipality with:
a. The original executed transfer/deed a duplicate original and one (1)
photocopy;
b. One copy of the registered reference plan;
c. An accompanying letter with a request that the severing transfer/deed be
stamped.
Section 2: Planning Requirements
7. Agent/Owner is required to submit a copy of the registered transfer deed.
8. To ensure the consent application complies with the Zoning By-law 84-63, this
application is conditional upon the approval of a Minor Variance Application to
legalize the reduced front yard setback.
Municipality of Clarington
Committee of Adjustment Page 13
B-2024-0028
9. 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.
10. The site is adjacent to a Type B arterial road and as such an environmental noise
assessment will be required to be submitted to the satisfaction of the Deputy
CAO of Planning and Infrastructure satisfaction.
11. The location of the wall dividing the two portions of the semi-detached dwelling
shall be exactly the same as the location of the property line which divides these
portions.
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.
Prepared by:
Hebah Masood
Acting Secretary-Treasurer, Committee of Adjustment
Planning and Infrastructure Services
Municipality of Clarington
Concurrence:
This report has been reviewed by Sarah Gattie, MCIP, RPP, Principal Planner, who
concurs with the recommendations.
Staff Contact: Hebah Masood, Planner II, (905) 623-3379 x 2437 or
hmasood@clarington.net
Interested Parties:
N/A
Municipality of Clarington
Committee of Adjustment Page 14
B-2024-0028
Attachments:
Attachment 1 – Development Engineering Comments
Attachment 2 – Community Planning Comments
Attachment 3 - Fire and Emergency Services Department Comments
Attachment 4 – Canada Post Comments
Attachment 5 – LD2022-10 tabling recommendation
Attachment 6 – LD2022-10 Decision
Attachment 7 – Minor Variance A2023-0005 Staff report
Attachment 8 – B2024-0028 Tabling Report from 2024
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 semi-detached dwelling by seeking consent to sever a 356
square metre residential parcel of land, retaining a 355 square metre parcel of land, and
creation of a new residential lot.
As shown on the Draft 40R Plan, the lands shown as Part 3 are proposed to be
severed from Part 2. Part 1 represents a 5 metre road widening to Liberty Street
We have reviewed the above-noted application and have no objection to this proposal
subject to the following comments:
Development Agreement
The applicant/owner must enter into a consent agreement with the Municipality which
includes all requirements of the Planning and Infrastructure Services Department
regarding the engineering and construction of all internal and external works and
services related to this proposal. These requirements include the following:
Parks Division
The applicant will be required to provide an appropriate cash contribution in lieu of the
normal parkland dedication.
FOLLOWING COMMENTS ARE REQUIRED AT BUILDING PERMIT STAGE
Building Permit Requirements
The applicant/owner must apply for a Building Permit with the Municipality which
includes all requirements of the Planning and Infrastructure Services Department
regarding the engineering and construction of all internal and external works and
services related to this proposal. These requirements include the following:
To:
From: Mina Mehran on behalf of Karen Richardson, Manager of
Development Engineering
February 26,
Subject: :
File:
B2024-0028
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
Grading and Drainage
The applicant/owner must provide this department with a detailed Lot Grading and
Servicing Plan that conforms to the Municipality of Clarington Design Guidelines and is
satisfactory to the Deputy CAO of Planning and Infrastructure Services.
The Grading Plan must demonstrate that there is no impact on any adjacent properties
as a result of this development.
The future stormwater connection for severed lots, made to the existing storm sewer on
Liberty Street North, the applicant shall coordinate with the Region of Durham.
Development Deposit
The applicant will be responsible to provide a Development Deposit in the amount of
$3,000.00 per lot. The deposit will include but not be limited to the following works within
the municipal right-of-way:
• Boulevard restoration including sodding.
• Replacement of any damaged sidewalks.
• Replacement of any street trees that are damaged or removed during
construction.
• Relocation of any utilities within the boulevard.
Once the work has been completed, the applicant will notify the Municipality and the
property will be inspected by municipal field staff to confirm that all appropriate
restoration within the municipal right-of-way is satisfactory and that the grading
generally meets the approved Lot Grading Plan provided with the Building Permit.
The Development Deposit will be refunded when all works and restoration have been
completed to the satisfaction of the Director of Planning and Infrastructure Services.
Any decision with respect to the release of the guarantee will be made at the sole
discretion of the Deputy CAO of Planning and Infrastructure Services.
Site Alteration
Every effort must be made to minimize the importing and exporting of material.
Should Site Alteration Works be necessary in advance of Site Plan approval, a permit is
required from the Municipality under Site Alteration By-law 2024-017, as amended, and
from the conservation authority for a regulated area under their jurisdiction. Securities
may be required.
Should Site Alteration Works be necessary, as part of the development process, a Soils
Management Report is required and must be prepared by a Professional Engineer and
B2024-0028
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
submitted to the Deputy CAO Planning and Infrastructure Services for approval. The
applicant will be responsible to meet all current excess soil regulations.
For additional details and Site Alteration Guides, please visit our website.Site Alteration
- Clarington
General Requirements and Conditions
All works and services must be designed and constructed in accordance with the
Municipality of Clarington Design Criteria and Standard Drawings, provisions of the
Municipality Development By-Law and all applicable legislation and to the satisfaction of
the Deputy CAO of Planning and Infrastructure Services.
If you have any questions regarding the above-noted comments, please contact Julia
Antonova, Planning and Infrastructure Services Department.
Mina Mehran, EIT, M. Eng. Transportation Engineer on behalf of Karen Richardson,
Manager of Development Engineering
MM/JA
MEMO
If this information is required in an alternate format, please contact the
Accessibility Coordinator at 905-623-3379 ext. 2131
Thank you for the opportunity to provide comments. Please find the following
comments for your consideration.
The applicant is seeking consent to sever a 356 square metre residential parcel
of land, retaining a 355 square metre parcel of land to facilitate the development
of a semi-detached dwelling on the subject property, which is located on the
east side of Liberty Street North, south of Longworth Avenue., in the
Bowmanville Urban Area.
Community Planning notes to please review the policies in Section 23.7 of the
Clarington Official Plan regarding severances.
Community Planning also notes to ensure that the location of the wall dividing
the two portions of the semi-detached dwelling is exactly the same as the
location of the property line which divides these portions.
The site is adjacent to a Type B arterial road and as such an environmental
noise assessment will be required to be submitted to Clarington’s satisfaction.
Sincerely,
David Perkins,
Principal Planner, Community Planning
cc: Lisa Backus, Manager of Community Planning
To: Hebah Masood, Planner I, Development Review Division
From: David Perkins, Principal Planner, Community Planning Division
Date: March 13, 2026
Subject: 249 Liberty Street North, Bowmanville
File: B2024-0028
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
To: Planning and Infrastructure Services
From: Emergency and Fire Services - Fire Prevention
Date: Feb 26, 2026
Subject: EFS Review Complete
File: B-2024-0028
From:WILSON, Chris
To:Committee of Adjustment (SM)
Subject:RE: Agency Circulation for B-2024-0028: 249 Liberty St N
Date:Wednesday, March 11, 2026 1:03:00 PM
Attachments:image001.png
EXTERNAL
Hi,
No comments for mail delivery.
Thank you,
Chris Wilson
Officer, Delivery Services, Delivery Planning | Canada Post | GTA Region | chris.wilson@canadapost.ca |
416-262-7408
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
Comments to Land Division Committee Meeting for October 3, 2022
Application Number: LD 110/2022
Owner: ER Real Estate Investments
Applicant: Colin Quinlan
Location: 249 Liberty Street, Bowmanville
Part Lot 10, Concession 2, former Town of Bowmanville
Proposed Use: To sever an existing lot for two single detached dwellings
Description of Application
The purpose of this application is to sever a 422.35 square metre residential parcel of
land, retaining a 427.68 square metre parcel of land. The existing dwelling is to be
demolished.
Clarington Official Plan
The Clarington Official Plan designates the severed and retained parcels Urban
Residential. The proposed use of both the severed and retained parcels is consistent
with the Clarington Official Plan.
Clarington Zoning By-law
The severed and retained lands are zoned “Urban Residential Type One (R1)”. The
minimum lot frontage for new lots in the R1 zone is 15 metre s and the minimum lot area
is 460 sq. metres. The lot frontage and lot area are less than what is required in
Zoning By-law 84-63, for both the severed and retained lots.
Comments
The severed and retained lands are zoned “Urban Residential Type One (R1)”. The
minimum lot frontage for new lots in the R1 zone is 15 metres and the minimum lot area
is 460 square metres. The proposed lot frontage and lot area are less than what is
required in Zoning By-law 84-63, for both the severed and retained lots. The proposal
does not comply with the provision of the “R1” zone in the following ways;
• lot frontage for both lots and
• lot area for both lots.
Page 2
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
Comments (Continued)
Staff contacted the Region of Durham Works Department, who confirmed that, should
the Land Division application be approved, a road of 5 metres would be taken. The
widening would significantly reduce the lot area of both the severed and retained
portion. This would have further implications for meeting other aspects of the by-law
such as front and rear yard setbacks and lot coverage.
Recommendations
Staff recommend that the Committee table the application to allow Regional and
Clarington Staff to have further discussions with the applicant on meeting the
requirements of the Zoning By-law.
Amanda Tapp
Acting Manager, Development Review Branch
Planning and Development Services Department
/CS/ch
Land Division Committee – Minutes
Monday, October 03, 2022 Page 12 of 38
Appendix 6.
Minutes
As per: The Planning Act,
and in accordance with the Provincial Rules of Procedure
Monday, October 03, 2022
File: LD 110/2022
Submission: N/A
Owner: ER Real Estate Investments
Agent: ER Real Estate Investments
Location: 249 LIBERTY ST N, Clarington, ON
Municipality: Municipality of Clarington
Consent to sever a 422.35 m2 residential parcel of land, retaining a 427.68
m2 residential parcel of land. Existing dwelling to be demolished.
The Committee member visited the site on Monday, September 19, 2022 and
confirmed the property was properly posted.
Present was:
Agent: Colin Quinlan - ER Real Estate Investments
Mr. C. Quinlan explained the nature of the application and advised the
Committee the application will facilitate the creation of two new lots for the
construction of two new single family detached dwellings. He also advised the 5
meter road allowance request by the Region of Durham would be detrimental to
the proposal and as such asked the Committee for relief of this condition.
Committee Member A. Arnott asked the agent to confirm whether or not he
wanted the Committee to proceed with the application at this time with all of the
proposed agency conditions.
Mr. C. Quinlan asked the Committee to approve the application without the road
allowance condition, or failing which, he would be agreeable to tabling the
application in order to allow for some discussions with Regional staff to address
this concern.
Land Division Committee – Minutes
Monday, October 03, 2022 Page 13 of 38
requesting more time to review the application.
The Committee had for information reports received from the Regional
Municipality of Durham Planning and Economic Development, Health and Works
Departments, and the Municipality of Clarington.
Agency comments were provided electronically to Mr. C. Quinlan, agent for the
applicant.
Motion of the Committee
Moved by: A. Camposeo Seconded by: C. Molinari
Having reviewed and considered all of the agency comments and heard the oral
submission, I hereby move that application LD 110/2022 be tabled, at the request of the
agent and at the expense of the applicant for up to two (2) years and no later than
October 2024. A tabling fee of $300.00 is payable by certified funds within thirty (30)
days of today’s meeting. Failure to pay the required fee may result in denial of the
application. The site must be reposted 14 days prior to the new hearing date.
Motion of
on Monday, October 03, 2022.
A. Georgieff, Chair
K. Bavington, Vice-Chair
G. L. O’Connor
A. Arnott
A. Camposeo
Land Division Committee – Minutes
Monday, October 03, 2022 Page 14 of 38
C. Molinari
D. Smith
P. Aguilera, Assistant Secretary-Treasurer
Planning and Infrastructure Services
Committee of Adjustment
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Date of Meeting: February 23, 2023
File Number: A2023-0005
Address: 249 Liberty Street North, Bowmanville
Report Subject: A minor variance application to facilitate the construction of a semi-
detached dwelling by decreasing the minimum permitted front yard
setback to a private garage from 6 metres to 1.8 metres, and to the
dwelling from 4.5 metres to 1.8 metres. To increase the front porch and
porch steps projection from 1.50 metres to 3.15 metres, leaving a 1.35
metres front yard setback.
Recommendations:
1. That the Report for Minor Variance A2023-0005 be received.
2. That all written comments and verbal submissions were considered in the
deliberation of this application.
3. That application A2023-0001 for a minor variance Section 12.2.d.i) and Section
3.1.g.iv) of Zoning By-law 84-63, to facilitate the construction of a semi-detached
dwelling by decreasing the minimum permitted front yard setback to a private garage
from 6 metres to 1.8 metres, and to the dwelling from 4.5 metres to 1.8 metres. To
increase the front porch and porch steps projection from 1.50 metres to 3.15 metres,
leaving a 1.35 metres front yard setback be approved as it is minor in nature,
desirable for the appropriate development or use of the land and maintains the
general intent and purpose of the Zoning By-law, the Durham Region Official Plan
and Clarington Official Plan: and
4. That all interested parties listed in this report be forwarded a copy of Committee’s
decision.
Municipality of Clarington
Committee of Adjustment
A2023-0005 Page 2
1. Application Details
1.1 Owner: Collin Quinlan
1.2 Agent: Sheila Perreault
1.3 Proposal: Minor Variance to Sections 12.2.d.i) & 3.1.g.iv) of Zoning By-law 84-63, to
facilitate the construction of a semi-detached dwelling by decreasing the minimum
permitted front yard setback to a private garage from 6 metres to 1.8 metres, and to the
dwelling from 4.5 metres to 1.8 metres. To increase the front porch and porch steps
projection from 1.50 metres to 3.15 metres, leaving a 1.35 metres front yard setback.
1.4 Area of Lot: 707 square metres
1.5 Location: 249 Liberty Street North, Bowmanville
1.6 Legal Description: Part Lot 10, Concession 2, Former Town of Darlington
1.7 Zoning: “Urban Residential Type One (R1)” Zone
1.8 Clarington Official Plan Designation: Urban Residential
1.9 Durham Region Official Plan Designation: Living Areas
1.10 Heritage Status: None
Municipality of Clarington
Committee of Adjustment
A2023-0005 Page 3
Figure 1: Location Map
Municipality of Clarington
Committee of Adjustment
A2023-0005 Page 4
2. Background
2.1 The applicant applied for a severance for two single detached dwellings on the subject
lands. On October 3, 2022, at the request of the agent, their land division application
(LD2022-110) was tabled. It became apparent the Region of Durham required a 5-
metre road widening. The required road widening would significantly reduce the lot area
of both the severed and retained portion. This would have further implications for
meeting other aspects of the by-law such as front and rear yard setbacks and lot
coverage. At the time, the applicant proposed to construct 2 single detached dwellings.
In early January 2023, the agent contacted the Municipality with the change to proposal,
to allow for semi-detached dwellings and two Additional Dwelling Units (ADU’s) in rear
yard.
2.2 On January 30th, 2023, the Planning & Infrastructure Services Department received an
application for a minor variance application. The application seeks to facilitate the
construction of a semi-detached dwelling by decreasing the minimum permitted front
yard setback to a private garage from 6 metres to 1.8 metres, and to the dwelling from
4.5 metres to 1.8 metres. To increase the front porch and porch steps projection from
1.50 metres to 3.15 metres, leaving a 1.35 metres front yard setback .
3. Land Characteristics and Surrounding Uses
3.1 The subject property is located at 249 Liberty Street North in Bowmanville, located north
of Scottsdale Drive and east of Liberty Street (see Figure 1). The property’s lot area is
approximately 707. square metres in size. The property has a lot frontage of
approximately 26.7 metres on Liberty Street North with an approximate depth of 26.5
metres.
3.2 The surrounding uses to the north include residential uses, and commercial plaza
beyond, to the east, south and west are all residential uses.
4. Public Notice and Submissions
4.1 Pursuant to the requirements of the Planning Act, the appropriate signage
acknowledging the application was installed on the subject lands. In addition, the
appropriate notice was mailed to each landowner within the prescribed distance.
4.2 At the time of writing this report, Staff received a concern from a resident who
envisioned sightlines of the new dwelling to be 1.8 metres from the sidewalk. Staff
advised the resident that as result of the road widening, the proposed siting of the new
dwelling will be further setback from the sidewalk / back of curb compared to the
current siting of the existing dwelling.
Municipality of Clarington
Committee of Adjustment
A2023-0005 Page 5
5. Department Comments and External Agencies
5.1 The Development Engineering Division of Planning & Infrastructure Services has
reviewed the proposal and has no objections or concerns with this proposal.
5.2 The Building Division of Planning and Infrastructure Services requires building permits
related to this proposal.
5.3 Clarington Emergency and Fire Services Department have no concerns with this
proposal.
5.4 Central Lake Ontario Conservation Authority have no concerns with this proposal.
6. Discussion
Conformity with the intent and purpose of the Regional and Clarington Official Plans
6.1 The subject property is designated “Living Areas” in the Regional Official Plan and
“Urban Residential”, along a Local Corridor, in the Clarington Official Plan. Both the
Regional and Clarington Official Plans permit the residential use of the property. The
proposed reduction is the front yard setback is for the proposed semi-detached
dwelling. Although the front yard setback is proposed to be reduced to the semi-
detached dwelling, the property itself still conforms to Section 9.4.5 .a-b) of Clarington’s
Official Plan, since the site is proposed to be used to accommodate density in the
number of residential units. Once constructed, the property is to be severed and there is
the potential for 6 units to be created, such as 4 units in the semi-detached dwelling,
and 2 ADUs in accessory structures, Overall, the proposed development is to support
the residential use of the property by providing opportunities and to promote a more
compact settlement form within the urban settlement boundaries of the Municipality.
6.2 It is staff’s opinion that the application conforms to the intent and purpose of both the
Official Plans.
Conformity with the intent and purpose of the Zoning by-law
6.3 The subject property is zoned “Urban Residential Type One (R1) in Zoning By-law 84-
63, which permits the semi-detached dwelling and the potential for two ADU’s; one in
the principal residence and one in a detached accessory structure. An ADU is defined
as “a self-contained dwelling unit within a permitted residential dwelling or an accessory
building to the principal residential building on the same lot . The proposed ADU would
require one parking space, and one parking space would be required for the principle
residence. The proposed severed and retailed parcel would have sufficient parking for
the potential of 3 residential units per lot. The retained and severed parcels have more
than the minimum required parking spaces needed for the potential of 3 residential units
on each lot.
Municipality of Clarington
Committee of Adjustment
A2023-0005 Page 6
Figure 2: Site Plan showing the proposed severed and retained lot.
Municipality of Clarington
Committee of Adjustment
A2023-0005 Page 7
6.4 The minimum lot frontage for one semi-detached dwelling is 18m, and the minimum lot
area is 550 square metres. The proposed lot frontage and lot area comply with the “R1”
zoning provisions. Furthermore, all other zoning provisions of the “R1” zone and ADU
By-law 2021-082 are maintained. (See Figure 2).
6.5 The reduction of the front yard setback for the private garage from 6 metres to 1.8
metres, and to the dwelling from 4.5 metres to 1.8 metres is minimal. This also includes
the increase the front porch and porch steps projection from 1.50 metres to 3.15 metres,
leaving a 1.35 metres front yard setback is minimal. Durham Region is requiring a 5
metres road allowance be taken from existing property, which have reduced the lot area
of the severed and retained portion for single detached units, however, the minimum lot
area and lot frontage are still maintained for the proposed semi-detached dwelling and
the proposed ADUs in accessory structures on the severed and retained parcels. With
the passage of Bill 23 in November 2022, and Clarington Council’s approved
amendment to Zoning By-law 84-63, through By-law 2021-082, this proposal meets the
objectives of increasing housing supply within existing urban settlement areas, that are
fully serviced by water, sanitary lines, and maintained roads all year round. Although,
there is a proposal to reduce the front yard setback to the proposed semi-detached, the
required 5 metre road widening still maintains sufficient separation between the public
realm along the street, including sidewalks and the proposed semi-detached dwelling
does not overwhelm the public realm.
6.6 The proposed ADU at the rear of the semi-detached dwelling is smaller and ancillary to
the proposed semi-detached dwelling in terms of size and height. All buildings and
structures are under maximum lot coverage of 40% within the “R1” zone (see Figure 2).
6.7 Overall, all other zoning regulations of Zoning By-law 84-63, and By-law 2021-082 are
complied with.
Desirable for the appropriate development or use of the land, building or structure.
6.8 The permitted use for the subject property is residential. The appropriate development
for the subject property is residential. The proposed semi-detached dwelling and ADUs
in accessory structures does not appear to have any negative impacts on the
neighbourhood and would improve the residential use of property. It supports
Clarington’s Official Plan and Durham Region’s Official Plan by providing housing
opportunities and intensification of existing lots within an urban settlement area without
significant impacts on services and the character of the area.
6.9 The proposed reduction of the minimum front yard setback for the semi-detached
dwelling has no impact on site drainage or privacy. No concerns regarding lot drainage
have been expressed by the Development Engineering Division.
6.10 For the above stated reasons, it is in staff’s opinion that the minor variance requested
for reduction in front yard setback is desirable for the residential use of the land and
building.
Municipality of Clarington
Committee of Adjustment
A2023-0005 Page 8
6.11 There are opportunities to meet the zoning requirement for the front yard setback, but
this would require removing the proposed ADU in accessory structures. Staff believe
the proposal would improve the residential use of the subject property because it would
provide housing opportunities and intensification of existing lots within an urban
settlement area, and the proposed buildings and structures are setback well enough
from the sidewalk which does not impact the appearance in the public realm for visibility
sightlines set within the visibility triangle on the proposed driveway.
Minor in Nature
6.12 The subject minor variances to the semi-detached dwelling conform to both Official
Plans and maintains the intent of the regulations for residential uses in the Zoning By -
law. The decrease to the minimum required front yard setback, is not a significant
deviation from the Zoning By-law regulation since the proposed semi-detached dwelling
will be further setback from the sidewalk that the current home and can be considered
minor in nature.
7. Conclusion
7.1 Based on Staff’s review of the application, the minor variance for the reduced yard
setbacks conforms to the intent and purpose of the Zoning By-law and the Regional and
Municipal Official Plans, is desirable for the appropriate development or use of land and
is deemed to be minor in nature.
7.2 Given the above comments, Staff recommends approval of the application for a minor
variance to Sections 12.2.d.i) & 3.1.g.iv) of Zoning By-law 84-63, to facilitate the
construction of a semi-detached dwelling by decreasing the minimum permitted front
yard setback to a private garage from 6 metres to 1.8 metres, and to the dwelling from
4.5 metres to 1.8 metres. To increase the front porch and porch steps projection from
1.50 metres to 3.15 metres, leaving a 1.35 metres front yard setback be approved as it
is minor in nature, desirable for the appropriate development or use of the land and
maintains the general intent and purpose of the Zoning By-law, the Durham Region
Official Plan and Clarington Official Plan.
Municipality of Clarington
Committee of Adjustment
A2023-0005 Page 9
Submitted by:
Amanda Tapp
Manager, Development Review Division
Staff Contact: Jacob Circo, Planner I
Interested Parties:
The following interested parties will be notified of Committee's decision:
Colin Quinlan
Shelia Perreault
Jill Doswell
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 905-623-3379 www.clarington.net
October 3, 2024
Colin Quinlan c/o ER Group of Companies
595 Roselawn Ave
Oshawa, ON L1L 1B3
Attention: Colin Quinlan c/o ER Group of Companies
RE: Notice of Decision
File Number: B-2024-0028 (X-Ref LD-2022-110)
Owner: 7575025 Canada Incorporated
Location: 249 Liberty Street N
The purpose of this application is to sever a 422.35 square metre residential parcel of
land, retaining a 427.68 square metre parcel of land. The existing dwelling is to be
demolished.
The attached Minutes set out a true copy of the Decision of the Committee of Adjustment
as concurred by a majority of the members at the Committee of Adjustment Hearing of
September 26, 2024.
You have the right to appeal to the Ontario Land Tribunal against the decision or
condition(s) of the Committee of Adjustment. The last day for making such an appeal is
October 23, 2024.
All information filed in respect of the application for consent is available upon request.
Please Note: Section 53(19) of the Planning Act has been amended and now indicates
that only the applicant, the Minister, a specified person, or any public body may appeal
this decision.
For further information, please contact the undersigned.
Jacob Circo
Acting Secretary-Treasurer
Committee of Adjustment
Planning & Infrastructure Services Department
JCirco@Clarington.net
(905) 623-3379 ext. 2425
Attachment 1: Procedure to Appeal
Attachment 2: September 26, 2024, Committee of Adjustment Minutes
The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6
1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net
Procedure for Appeals to the
Decision of the Committee of Adjustment
The applicant, the Minister of Municipal Affairs and Housing, a specified person or
public body that has an interest in the matter may, within twenty days following the
notice of the decision, appeal to the Ontario Land Tribunal (OLT) against the decision of
the Committee by serving personally on or by sending by registered mail to the Acting
Secretary/Treasurer of the Committee of Adjustment a Notice of Appeal setting out the
objection of the decision and the reasons in support of the objection, pursuant to
Section 53(19) of the Planning Act. To find out more about the Ontario Land Tribunal
(OLT) please visit https://olt.gov.on.ca/appeals-process/
If, within such twenty days from the day the notice of the decision is issued, no Notice
of Appeal is given, the decision of the Committee is final and binding and the Acting
Secretary-Treasurer shall notify the applicant and shall file a certified copy of the
decision with the Clerk of the Municipality of Clarington.
Note: The Planning Act provides for appeals to be filed by a “specified person or public
body”. A specified person means,
(a) a corporation operating an electric utility in the local municipality or
planning area to which the relevant planning matter would apply,
(b) Ontario Power Generation Inc.,
(c) Hydro One Inc.,
(d) a company operating a natural gas utility in the local municipality or
planning area to which the relevant planning matter would apply,
(e) a company operating an oil or natural gas pipeline in the local municipality
or planning area to which the relevant planning matter would apply,
(f) a person required to prepare a risk and safety management plan in
respect of an operation under Ontario Regulation 211/01 (Propane
Storage and Handling) made under the Technical Standards and Safety
Act, 2000, if any part of the distance established as the hazard distance
applicable to the operation and referenced in the risk and safety
management plan is within the area to which the relevant planning matter
would apply,
(g) a company operating a railway line any part of which is located within 300
metres of any part of the area to which the relevant planning matter would
apply,
(h) a company operating as a telecommunication infrastructure provider in the
area to which the relevant planning matter would apply; (“personne
précisée”),
Page | 2
(i) NAV Canada,
(j) the owner or operator of an airport as defined in subsection 3 (1) of the
Aeronautics Act (Canada) if a zoning regulation under section 5.4 of that
Act has been made with respect to lands adjacent to or in the vicinity of
the airport and if any part of those lands is within the area to which the
relevant planning matter would apply,
(k) a licensee or permittee in respect of a site, as those terms are defined in
subsection 1 (1) of the Aggregate Resources Act, if any part of the site is
within 300 metres of any part of the area to which the relevant planning
matter would apply,
(l) the holder of an environmental compliance approval to engage in an
activity mentioned in subsection 9 (1) of the Environmental Protection
Act if any of the lands on which the activity is undertaken are within an
area of employment and are within 300 metres of any part of the area to
which the relevant planning matter would apply, but only if the holder of
the approval intends to appeal the relevant decision or conditions, as the
case may be, on the basis of inconsistency with land use compatibility
policies in any policy statements issued under section 3 of this Act,
(m) a person who has registered an activity on the Environmental Activity and
Sector Registry that would, but for being prescribed for the purposes of
subsection 20.21 (1) of the Environmental Protection Act, require an
environmental compliance approval in accordance with subsection 9 (1) of
that Act if any of the lands on which the activity is undertaken are within an
area of employment and are within 300 metres of any part of the area to
which the relevant planning matter would apply, but only if the person
intends to appeal the relevant decision or conditions, as the case may be,
on the basis of inconsistency with land use compatibility policies in any
policy statements issued under section 3 of this Act, or
(n) the owner of any land described in clause (k), (l) or (m).
A “public body” means a municipality, a local board, a hospital as defined in section 1 of
the Public Hospitals Act, a ministry, department, board, commission, agency or official
of a provincial or federal government or a First Nation; (“organisme public”).
On an appeal to the Ontario Land Tribunal, the Tribunal may hold a hearing of which
notice shall be given to the applicant, the appellant, Acting Secretary-Treasurer of the
Committee and to such other persons or public bodies and in such manner as the
Tribunal may determine.
The Tribunal may dismiss the appeal and may make any decision that the Committee
could have made on the original application.
The appeal must be accompanied by the appropriate fees prescribed by the Ontario
Land Tribunal, in the form of a cheque payable to the Ministry of Finance, Province of
Ontario.
Page | 3
The last day for receiving Notice of Appeal: October 23rd, 2024
Notice of Appeal should be sent to:
Jacob Circo
Acting Secretary-Treasurer,
Committee of Adjustment,
Planning & Infrastructure Services Department
JCirco@Clarington.net
(905) 623-3379 ext. 2425
Minutes and Decisions of the Committee of Adjustment
Corporation of the Municipality of Clarington
As per: The Planning Act, and in accordance with
the Provincial Rules of Procedure
Thursday, September 26, 2024
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:
Elissa Kelloway Meeting Host
Sarah Parish Secretary-Treasurer
Akibul Hogue Assistant Secretary-Treasurer
Jacob Circo Assistant Secretary-Treasurer
Todd Taylor Chair
Wendy Partner Member
Dave Eastman Member
Noel Gamble Member
Gord Wallace Member
Shelley Pohjola Member
Brad Whittle Member
Absent with Regrets
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 – September 26, 2024 Page 2
Committee of Adjustment Meeting
4. Swear in Sarah Parish as Secretary – Treasurer
Motion to approve Sarah Parish as Secretary - Treasurer as recommended by Noel
Gamble and seconded by Dave Eastman.
All Committee Members approved this motion. Time approved 6:36 P.M.
5. Consent Applications:
4.1 File Number: B-2024-0028
Agent: Colin Quinlan c/o ER Group of Companies
Owner: 7575025 Canada Incorporated
Staff: Jacob Circo
Address: 249 Liberty Street N
Application:
The first application before the Committee this evening is File (B-2024-0028) for (249
Liberty Street North, Bowmanville)
The purpose of the application is to facilitate the creation of a new lot, and the purpose of
this application tonight is to retable for another 2 years to address comments from the
Regional Municipality of Durham.
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.
Comments were received in opposition to the application from two members of the public.
The nature of the concerns was for removal of trees, privacy, and gentle intensification.
The comments were received after the staff report was written. Comments received by the
public will be considered when the application is eventually lifted from the tabling and
presented again to the Committee of Adjustment.
Staff recommends that the application be tabled for another 2 years, until October 3, 2026,
subject to the conditions noted in the staff report.
Discussion:
D. Eastman: Would like clarification on the extended date being October 3, 2026?
J. Circo: Confirms that the original Consent was heard on October 3, 2022, and
expiring on October 3, 2024. Tabling for two years will bring it to October 3, 2026.
No members of the public spoke on this application.
Minutes – September 26, 2024 Page 3
Committee of Adjustment Meeting
The agent, C. Quinlan c/o ER Group of Companies, confirms they agree with the
recommendations and conditions, along with the application being tabled for 2 years,
expiring on October 3, 2026.
Motion to approve B-2024-0028 as recommended by Dave Eastman, seconded by
Shelley Pohjola. Time approved 6:41 P.M.
Full text of Decision:
The purpose of this application is to sever a 422.35 square metre residential parcel of
land, retaining a 427.68 square metre parcel of land. The existing dwelling is to be
demolished. That application B-2024-0028 (X-Ref LD2022/110) be
tabled for a period of up to 24 months until October 3rd, 2026, to allow for the
agent to clear Regional conditions as per the comments from the 2022 report
(see Appendix D and Appendix E)
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-2024-0028 on September
26, 2024:
Committee
Member
Yes No
Wendy Partner
Dave Eastman
Noel Gamble
Shelley Pohjola
Todd Taylor
Gord Wallace
Brad Whittle
“Carried”
5. Declaration of Interest for Minor Variance Applications
6. Minor Variance Applications
7.1 File: A-2024-0035
Owner/Agent: Justin Gunn, Megan Gunn
Staff: Akibul Hoque
Address: 102 Church Street
Minutes – September 26, 2024 Page 4
Committee of Adjustment Meeting
Application:
The first application before the Committee this evening is File A2024-0035 for 102 Church
Street North.
This application proposes to permit the extension of a legal non-complying
accessory structure by increasing the maximum permitted accessory floor area from 60
square metres to 80 square metres and by increasing the maximum permitted accessory
lot coverage from 10% to 14%.
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.
Comments were received from internal departments for this proposal.
Comments were received in opposition to the application from a member of the public. The
public member raised concerns of the legal non-complying garage in proximity to their
property line.
Staff recommend that the application be approved.
Discussion:
No members of the public spoke regarding this application.
The owner/agent, J. Gunn, spoke and provided an overview of the application. The
owner/agent states that they read and agreed to the conditions of Staff’s recommendation.
W. Partner: Would like clarification if the extension would block more of the sunlight
onto the neighboring property or cause any shadowing issues.
J. Gunn: It should not because we only expanded a little bit from the old garage and
the way the sun rises and sunsets, it does not impede any of the neighbors.
D. Eastman: Was a survey submitted with the minor variance application?
A. Hoque: A survey was submitted with the minor variance application which
demonstrates the legal non-complying structure is situated well within the property
boundaries. Any further disputes between the landowners would be considered a civil
matter which is out of the jurisdiction of the committee and the nature of the
application.
G. Wallace: Would like clarification from staff regarding the surrounding uses and is
the South is woodlands and what does this mean?
A. Hoque: States that there are trees and vegetation to the south and there is a
floodplain situated within that area as well. The neighboring property immediate to the
south, is a residential property.
J. Circo: Clarifies, at the end of Church Street, to the south of the subject property,
there is a floodplain with trees and vegetation, which is what the staff report is
referring to as woodlands.
Minutes – September 26, 2024 Page 5
Committee of Adjustment Meeting
G. Wallace: States that it confirms his questions.
Motion to approve A-2024-0035 as recommended by Noel Gamble, seconded by
Gord Wallace. Time approved 6:53 P.M.
Full text of Decision:
That application A2024-0035, for a Minor Variance to Section 3.1.c. by permitting the
extension of a legal non-complying accessory structure by increasing the maximum
permitted accessory floor area from 60 square metres to 80 square metres and by
increasing the maximum permitted accessory lot coverage from 10% to 14%, be approved
as it maintains the general intent and purpose of the Clarington Official Plan, and the
Zoning By-law 84-63, desirable for the appropriate development or use of the land and
minor in nature.
The matter was then put to a vote and was carried out as follows, signed by all members
present and concurring that this is the Committee Decision on A-2024-0035 on September
26, 2024.
Committee
Member
Yes No
Wendy Partner
Dave Eastman
Noel Gamble
Shelley Pohjola
Todd Taylor
Gord Wallace
Brad Whittle
“Carried”
7.2 File: A-2024-0037
Agent: Jason Louws c/o Ground Force Contracting Ltd.
Owner: Nick Vanderweer
Staff: Akibul Hoque
Address: 3314 Concession Road 5
Minutes – September 26, 2024 Page 6
Committee of Adjustment Meeting
Application:
The second application before the Committee this evening is File A2024-0037 for 3314
Concession Road 5. Please note, the address for the minor variance application is 3314
Concession Road 5 and not 5043 Pollard Road as stated on the agenda.
This application proposes to facilitate the construction of an accessory structure by
increasing the maximum permitted accessory total floor area from 90 square metres to
115 square 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.
Comments were received from external agencies and internal departments for this
proposal.
No comments were received in opposition to the application from members of the public.
Staff recommend that the application be approved subject to the conditions of the report.
Discussion:
No members of the public spoke regarding this application.
The agent, J. Louws c/o Ground Force Contracting Ltd, spoke and provided an overview of
the application. The agent stated that they read and agreed to the conditions of staff’s
recommendation.
Motion to approve A-2024-0037 as recommended by Dave Eastman, seconded by
Gord Wallace. Time approved 6:57 P.M.
Full text of Decision:
That application A2024-0037, for a Minor Variance to Section 3.1.c. by facilitating the
construction of an accessory structure by increasing the maximum permitted accessory
total floor area from 90 square metres to 115 square metres, be approved as it maintains
the general intent and purpose of the Clarington Official Plan, and the Zoning By-law 84-
63, desirable for the appropriate development or use of the land and minor in nature,
subject to the following condition;
i. That the chicken coop be removed at the time of applying for a building permit
application for the proposed accessory structure.
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-2024-0037 on September
26, 2024.
Minutes – September 26, 2024 Page 7
Committee of Adjustment Meeting
Committee
Member
Yes No
Wendy Partner
Dave Eastman
Noel Gamble
Shelley Pohjola
Todd Taylor
Gord Wallace
Brad Whittle
“Carried”
7.3 File: A-2024-0038
Agent: Clinton Dochuk c/o Hom Drafting and Design Inc.
Owner: Ryan and Laura Porter
Staff: Akibul Hoque
Address: 5462 Main Street, Orono
Application:
The third application before the Committee this evening is File A2024-0038 for 5462 Main
Street.
This application proposes to facilitate the construction of an accessory structure by
increasing the maximum permitted accessory total floor area from 60 square metres to
245 square metres and by increasing the maximum permitted accessory structure height
from 4 metres to 5.75 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.
Comments were received from external agencies and internal departments for this
proposal.
No comments were received in opposition to the application from members of the public.
Staff recommend that the application be approved.
Discussion:
No members of the public spoke regarding this application.
Minutes – September 26, 2024 Page 8
Committee of Adjustment Meeting
The agent, A. Hom c/o Hom Drafting and Design Inc. spoke and provided an overview of
the application. The agent stated that they read and agreed to the conditions of Staff’s
recommendation.
Motion to approve A-2024-0038 as recommended by Gord Wallace, seconded by
Wendy Partner. Time approved 7:02 P.M.
Full text of Decision:
That application A2024-0038, for a Minor Variance to Section 3.1.c. to facilitate the
construction of an accessory structure by increasing the maximum permitted accessory
total floor area from 60 square metres to 245 square metres and by increasing the
maximum permitted accessory structure height from 4 metres to 5.75 metres, be
approved as it maintains the general intent and purpose of the Clarington Official Plan,
and the Zoning By-law 84-63, desirable for the appropriate development or use of the land
and minor in nature.
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-2024-0038 on September
26, 2024.
Committee
Member
Yes No
Wendy Partner
Dave Eastman
Noel Gamble
Shelley Pohjola
Todd Taylor
Gord Wallace
Brad Whittle
“Carried”
7.4 File: A-2024-0039
Agent: Bobbi Ann Brooks
Owner: Perry Jackman
Staff: Akibul Hoque
Address: 7806 Old Scugog Road, Enniskillen
Minutes – September 26, 2024 Page 10
Committee of Adjustment Meeting
Application:
The fourth application before the Committee this evening is File A2024-0039 for 7806 Old
Scugog.
This application proposes to facilitate the construction of a single detached dwelling by
decreasing the minimum interior side yard setback from 5 metres to 2.2 metres, by
increasing the maximum lot coverage from 15% to 25% and by increasing the maximum
projected attached garage height from 3 metres to 4.5 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.
Comments were received from external agencies and internal departments for this
proposal.
No comments were received in opposition to the application from members of the public.
Staff recommend that the application be approved subject to the conditions of the report.
Discussion:
No members of the public spoke regarding this application.
The agent, B. Brooks, spoke and provided an overview of the application. The agent states
that they read and agreed to the conditions of Staff’s recommendation.
Motion to approve A-2024-0039 as recommended by Shelly Pohjola, seconded by
Brad Whittle. Time approved 7:08 P.M.
Full text of Decision:
That application A2024-0039, for a Minor Variance to Section 8.3.1. b., Section
8.3.1.c. and Section 4.2.2 by facilitating the construction of a single detached
dwelling by decreasing the minimum interior side yard setback from 5 metres to 2.2
metres, by increasing the maximum lot coverage from 15% to 25% and by
increasing the maximum projected attached garage height from 3 metres to 4.5
metres, be approved as it maintains the general intent and purpose of the
Clarington Official Plan, and the Zoning By-law 2005-109, desirable for the
appropriate development or use of the land and minor in nature, subject to the
following condition.
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-2024-0039 on September
26, 2024.
Minutes – September 26, 2024 Page 10
Committee of Adjustment Meeting
Committee
Member
Yes No
Wendy Partner
Dave Eastman
Noel Gamble
Shelley Pohjola
Todd Taylor
Gord Wallace
Brad Whittle
“Carried”
8. Adoption of Minutes of Previous Meeting, August 29, 2024
Chair Todd Taylor asked for a motion from the Committee.
Motion to adopt minutes from August 29, 2024, Committee of Adjustment Meeting
was moved by Dave Eastman, seconded by Noel Gamble. Time approved: 7:09 P.M.
“That the minutes of the Committee of Adjustment, held on August 29, 2024, be
approved.”
“Carried”
9. Other Business
J. Circo: Would like to revisit a question from the previous meeting regarding the
consolidation of consent applications. Specifically, can we consolidate consent
applications into a single motion? Additionally, when a consent application includes a
minor variance, should that require a separate vote? I propose that for future meetings
involving both consent applications and minor variances, the agenda be structured to
place the minor variance application at the top as a combined hearing. This way, we can
address public comments for both the minor variance and the land division
simultaneously. After the public hearing for these items concludes, we would proceed
with two motions: one consolidated motion for the consent application and another for the
minor variance.
N. Gamble: Would like clarification on if we can keep the Consent applications and Minor
Variance application status quo but combine to approve motion on multiple applications
regarding the same address?
Minutes – September 26, 2024 Page 11
Committee of Adjustment Meeting
S. Parish: States that this is correct. You will be able to approve or deny all Consent and
Minor Variance Application that are combined and have multiple applications for the
same application approved / denied in one motion, rather than motioning multiple
applications for the same Consent and / or Minor Variance address.
Note: No motion was voted on during the Committee of Adjustment meeting on
September 26, 2024; it was solely a discussion among Committee Members and Staff.
At the upcoming meeting on October 30, 2024, Staff will present a formal motion to the
Committee of Adjustment to officially approve this change regarding future motions.
D. Eastman: Expressed a preference for all information related to next month's meeting
to be held until the current meeting concludes, ensuring everything is centralized.
Additionally, he requested that a single email be sent to inform Committee Members that
updates have been added to the Members' OneDrive link by one individual.
S. Parish: Staff are working to improve communication with the Committee and will
ensure that starting in November nothing is sent until after the October 24th meeting (for
November’s meeting) and that it is sent in a centralized location accessible by all
members.
10. Adjournment
Last Date of Appeal for tonight’s consent application: 20 days from the date of the
notice of the decision being released
Last Date of Appeal for tonight’s minor variance applications: October 16, 2024
Next Meeting: October 24, 2024.
Chair Todd Taylor asked for a motion from the Committee.
Motion to adjourn the meeting was moved by Noel Gamble, seconded by Dave
Eastman.
“That the September 26, 2024, Committee of Adjustment be adjourned. Time is
7:22pm”
“Carried”
Planning and Infrastructure Services
Committee of Adjustment
Consent
Summary of Comments Submitted
B2025-0031
55 Nelson Street, Bowmanville, ON
Municipal Departments / External Agencies Comment
Clarington Building Division No concerns
Clarington Development Engineering Division No objection – See Attachment 1
Clarington Community Planning Comments No concerns – See Attachment 2
Clarington Fire and Emergency Services Department No concerns – See Attachment 3
Durham Region – Works and Community Growth and
Economic Development
No concerns – See Attachment 4
Canada Post No concerns – See Attachment 5
Hydro One No concerns – See Attachment 6
Municipality of Clarington
Committee of Adjustment Page 2
B-2025-0031
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Date of Meeting: March 26, 2026
File Number: B2025-0031
Address: 55 Nelson Street, Bowmanville
Report Subject: The purpose of this application is to facilitate a semi-detached dwelling by
seeking consent to sever Part 2 from Part 1 on the draft reference plan.
Part 1 will have approximately 13.98 metres of lot frontage, with a depth of
approximately 20.06 metres, and a lot area of approximately 280 square
metres. Part 2 will have 13.98 metres of lot frontage, with a depth of
approximately 20.03 metres, and a lot area of approximately 280 square
metres.
Recommendations:
1. That the Report for Consent file B2025-0031 be received.
2. That all written comments and verbal submissions are considered in the deliberation
of this application.
3. That application B2025-0031 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-2025-0031
1. Application Details
1.1 Owner: Perry Jackman
1.2 Applicant: Jennifer Beatty
1.3 Proposal: The purpose of this application is to facilitate a semi-
detached dwelling by seeking consent to sever Part 2 from
Part 1 on the draft reference plan. Part 1 will have
approximate 13.98 metres of lot frontage, with a depth of
approximately 20.06 metres, and a lot area of
approximately 280 square metres. Part 2 will have 13.98
metres of lot frontage, with a depth of approximately 20.03
metres, and a lot area of approximately 280 square
metres.
Neighborhood Character Overlay within Zoning By-law 84-
63
Designation: Urban Residential
Designation: Community Area
Municipality of Clarington
Committee of Adjustment Page 4
B-2025-0031
Figure 1 – Lands Subject to Consent Application
Municipality of Clarington
Committee of Adjustment Page 5
B-2025-0031
2. Background
2.1 On December 7, 2020, a consent application was submitted to the Region for
consent to sever lands municipally known as 22 Hunt Street, Bowmanville. The
effect of the subject application was to create one (1) severed lot with a semi-
detached dwelling and one (1) retained lot with a single detached dwelling. The
associated file number is LD102/2020. The retained lands are 22 Hunt Street and
the severed lands are 55 Nelson.
2.2 Clarington’s Planning Staff report recommended that the application be approved
subject to conditions (see Attachment 7). The properties were legally severed
on December 8, 2022.
2.3 Minor Variance Application A2021-0035 was approved by the Committee of
Adjustment on August 12, 2021. That minor variance application sought to
reduce the minimum rear yard setback from 7.5 metres to 7 metres; and
increase the maximum step and deck projection in the rear yard from 1.5 metres
to 2.5 metres (see Attachment 8).
2.4 On February 13, 2026, Planning Staff received a Consent Application from the
agent of 55 Nelson, Bowmanville. The purpose of this application is to facilitate a
semi-detached dwelling by seeking consent to sever Part 2 from Part 1 on the
draft reference plan. (see Figures 1 and 2).
2.5 Part 1 will have approximately 13.98 metres of lot frontage, with a depth of
approximately 20.06 metres, and a lot area of approximately 280 square metres.
Part 2 will have 13.98 metres of lot frontage, with a depth of approximately 20.03
metres, and a lot area of approximately 280 square metres.
Municipality of Clarington
Committee of Adjustment Page 6
B-2025-0031
Figure 2 – Draft survey showing proposed consent application lot fabric
Municipality of Clarington
Committee of Adjustment Page 7
B-2025-0031
3. Land Characteristics and Surrounding UsesThe subject
property municipally known as 55 Liberty Street North is located in Bowmanville.
It is on the south side of Nelson Street, west of Hunt Street and east of Alfred
Shrubb Lane. The property forms a rectangular shaped lot that has an area of
approximately 560 square metres, a depth of approximately 20 metres, and a
frontage of 27.96 metres along Liberty Street.
3.2 The areas surrounding the property are residential with single detached
dwellings. Additionally the rear of the property backs onto the Bowmanville
Valleylands and Bowmanville Creek. However the property is outside of the
bounds of the Central Lakes of Ontario Conservation Authority. No natural
features from the protected area are impacted by this development.
3.3 Land Uses:
South Residential
North Residential
East Residential
West Bowmanville Valleylands/ Bowmanville Creek
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 one comment in opposition
from a member of the public for this proposed consent application. The nature of
the comment is concern that a semi-detached dwelling is atypical for this
neighborhood and may impact property values. Semi-detached dwellings are a
permitted use within the zone. Staff note that the applicants do not require a
consent application to build the semi-detached dwellings. The consent
application is only seeking to divide the property so each semi-detached dwelling
can be sold separately.
Municipality of Clarington
Committee of Adjustment Page 8
B-2025-0031
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. For
the purposes of this review, it is the opinion of Staff that the proposed application
is consistent with the criteria (a) – (m) of Section 51(24) under the act.
Provincial Planning Statement (2024)
5.2 Section 2.2 Housing: Planning authorities shall provide for an appropriate range
and mix of housing options and densities to meet projected needs of current and
future residents of the regional market area by: permitting and facilitating all
housing options required to meet the social, health, economic and wellbeing
requirements of current and future residents, including additional needs housing
and needs arising from demographic changes.
5.3 For the purposes of this review, it is the opinion of the Staff that the proposed
application is consistent with the criteria (a) – (m) of Section 51(24) under the
Planning Act, R.S.O. 1990, c. P.13, and Provincial Planning Statement (2024)
6. Durham Region Official Plan (“Envision Durham”)
6.1 The subject property is designated as “Community Area” within the Durham
Region Official Plan (Envision Durham). The “Community Area” designation is
generally intended for a range of housing and commercial uses. The proposed
semi-detached dwelling is a supported residential use within the land use
designation.
6.2 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 “Urban Residential” within the Clarington
Official Plan. The intended purpose of the land use designation is residential. The
proposed semi-detached dwelling is a supported residential use within the
designation.
Municipality of Clarington
Committee of Adjustment Page 9
B-2025-0031
7.2 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 is 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 is 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
The Region has no objections or for the
approval of the consent application,
subject to the conditions included in
Section 9 of this report. Planning Staff is
satisfied that this application meets the
requirements of the Region of Durham.
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
Planning Staff is satisfied that this
application for consent does not result in
the creation of a landlocked parcel of
land.
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
The application is consistent in keeping
with the character of the surrounding
neighbourhood.
Minor Variance Application A2021-0035
was approved by the Committee of
Adjustment on August 12, 2021. That
minor variance application sought to
reduce the minimum rear yard setback
Municipality of Clarington
Committee of Adjustment Page 10
B-2025-0031
the maximum step and deck projection in
the rear yard from 1.5 metres to 2.5
metres (see Attachment 8
Planning Staff is satisfied that the
property conforms to the provisions of
Zoning By-law 84-63.
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
Planning Staff is satisfied a traffic hazard
would not be created.
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
This application for consent is subject to
the fulfillment of Municipal conditions –
(See Section 9 of this report)
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
Planning Staff is satisfied that a plan of
subdivision is not required as there is only
one new lot being created.
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
Not applicable.
Municipality of Clarington
Committee of Adjustment Page 11
B-2025-0031
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.
7.3 For the purposes of this review, it is Staff’s opinion that the proposal conforms to
the applicable policies under Section 23.7 a) – k).
7.4 Therefore, 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 property is zoned “Urban Residential Type One (R1)” within Zoning
By-Law 84-63. The subject property is also within the Neighborhood Character
Overlay Area, which include additional provisions and regulations to maintain the
character within Historic Downtown Bowmanville.
8.2 The proposed single detached dwelling is a permitted use within the zone.
8.3 Minor Variance Application A2021-0035 was approved, final and binding from the
Municipality of Clarington’s Committee of Adjustment on September 16, 2021
(see Attachment 8). That minor variance application sought to facilitate a land
division application (LD 102/2020) that would have the effect of creating a semi-
detached lot by reducing the required rear yard setback from 7.5 metres to 7
metres, and increasing the maximum deck and step projection in the rear yard
from 1.5 metres to 3 metres.
8.4 It is Staff’s opinion that the consent application conforms to the intent and
purpose of Zoning By-Law 84-63.
Municipality of Clarington
Committee of Adjustment Page 12
B-2025-0031
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, applicant or
agent fulfilling the following conditions:
Requirements:
Section 1: General
1. That the applicant satisfies all the requirements of the Municipality of Clarington’s
Development Engineering Division, financial and otherwise as detailed in the
Development Engineering letter dated February 26, 2026.
2. The owner, applicant or agent must provide a draft Reference Plan with the
application which will be reviewed by the Planning and Infrastructure Department
and approved by the Municipality prior to registration; Registration of this
Reference Plan is done by the owner, applicant, or agent’s surveyor at the
expense of the owner/applicant or agent and shall be completed prior to the
registration of the consent agreement.
3. The owner must enter into a consent agreement with the Municipality of
Clarington.
4. The applicant will be required to provide an appropriate cash contribution in lieu
of the normal parkland dedication. Note: This payment is equivalent to 5% of the
value of the retained parcel. In order to determine the value of the land, the
applicant shall retain a certified Land Appraiser to prepare a land appraisal.
Alternatively, and at the discretion of the Deputy CAO of Planning and
Development Services, a purchase and sale agreement within six months prior to
the execution of the Consent Agreement will be used to base the land value.
5. All taxes shall be paid in full to the Municipality of Clarington prior to the issuance
of a clearance letter.
6. Once all other conditions have been satisfied, the applicant shall engage their
solicitor to provide the Municipality with:
a. The original executed transfer/deed a duplicate original and one (1)
photocopy;
b. One copy of the registered reference plan;
c. An accompanying letter with a request that the severing transfer/deed be
stamped.
Municipality of Clarington
Committee of Adjustment Page 13
B-2025-0031
Section 2: Planning Requirements
7. 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.
8. The location of the wall dividing the two portions of the semi-detached dwelling
shall be exactly the same as the location of the property line which divides these
portions.
Section 3: Regional Requirements
9. That the applicant satisfies all the requirements of the Regional Municipality of
Durham Works and Community Growth and Economic Development
Departments, financial and otherwise as detailed in the Regional Planning and
Economic Development letter dated March 23, 2026.
a. The applicant shall provide the Durham Region Community Growth and
Economic Development Department with the $1,000.00 application review
fee for each Consent application.
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.
Prepared by:
Hebah Masood
Acting Secretary-Treasurer, Committee of Adjustment
Planning and Infrastructure Services
Municipality of Clarington
Concurrence:
This report has been reviewed by Sarah Gattie, MCIP, RPP, Principal Planner, who
concurs with the recommendations.
Municipality of Clarington
Committee of Adjustment Page 14
B-2025-0031
Staff Contact: Hebah Masood, Planner II, (905) 623-3379 x 2437 or
hmasood@clarington.net
Interested Parties:
N/A
Attachments:
Attachment 1 – Development Engineering Comments
Attachment 2 - Community Planning Comments
Attachment 3 – Fire and Emergency Services Department Comments
Attachment 4 – Regional Comments
Attachment 5 – Canada Post Comments
Attachment 6 – Hydro One Comments
Attachment 7 – LD2022-10 tabling recommendation report and decision
Attachment 8 – Minor Variance A2021-0035 Staff report
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 semi-detached dwelling by seeking consent to sever Part 2
from Part 1 on the draft reference plan. Part 1 will have approximately 13.98
metres of lot frontage, with a depth of approximately 20.06 metres, and a lot area
of approximately 280 square metres. Part 2 will have 13.98 metres of lot frontage,
with a depth of approximately 20.03 metres, and a lot area of approximately 280
square metres.
Development Agreement
The applicant/owner must enter into a consent agreement with the Municipality,
which includes all requirements of the Planning and Infrastructure Services
Department regarding the engineering and construction of all internal and external
works and services related to this proposal. These requirements include the
following:
Road Excavation
Excavation of Municipal roads is not permitted between December 1st and April
30th. An appropriate clause must be included in the consent agreement.
Parks Division
The applicant will be required to provide an appropriate cash contribution in lieu of
the normal parkland dedication.
FOLLOWING COMMENTS ARE REQUIRED AT BUILDING PERMIT STAGE
Building Permit Requirements
The applicant/owner must apply for a Building Permit with the Municipality which
includes all requirements of the Planning and Infrastructure Services Department
To:
From: Mina Mehran on behalf of Karen Richardson, Manager of
Development Engineering
February 26,
Subject:
File:
B-2025-0031
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
regarding the engineering and construction of all internal and external works and
services related to this proposal. These requirements include the following:
Grading and Drainage
The applicant/owner must provide this department with a detailed Lot Grading and
Servicing Plan that conforms to the Municipality of Clarington Design Guidelines
and is satisfactory to the Deputy CAO of Planning and Infrastructure Services.
The Grading Plan must demonstrate that there is no impact on any adjacent
properties as a result of this development.
The future STM connection from the site shall be made to the existing storm sewer
on Nelson Street. Depending on how the servicing Contract moves forward, the
applicant may be required to provide the Municipality with securities.
Entrance Permit
The applicant/owner must apply for an Entrance Permit to facilitate the
construction of an entrance from the subject property to Nelson Street. The
applicant/owner will be responsible for any cost necessary in providing connecting
access, which may include utility relocation, entrance paving, curb cuts,
restoration, and sidewalk adjustment. etc
More information on Entrance Permits can be found online at Clarington.net or
through By-law 2015-040.
Municipal Road Occupancy
The following notes must be provided on all applicable drawings:
“Respecting all work in the municipal right-of-way, the contractor is to provide at
least 48 hours prior notice to the Clarington Planning and Infrastructure Services
Department staff at (905) 623-3379”.
“A Road Occupancy Permit will be required for any work done in the municipal
road allowance. Excavation of the road surface is not permitted between
December 1st and April 30th”.
“All restoration or work done in the road allowance must be completed as per
municipal field staff direction”.
“The performance guarantee will not be refunded by the Municipality of Clarington
unless the works have been inspected by municipal representatives and deemed
to be complete and satisfactory”.
Grading, Occupancy, and Damage Deposit
B-2025-0031
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
The applicant will be responsible to provide a Grading, Occupancy, and Damage
Deposit in the amount of $3,000.00 per lot. The deposit will include, but not be
limited to the following works within the municipal right-of-way:
• Boulevard restoration including sodding.
• Replacement of any damaged sidewalks.
• Replacement of any street trees that are damaged or removed during
construction.
• Relocation of any utilities within the boulevard.
Once the work has been completed, the applicant will notify the Municipality and
the property will be inspected by municipal field staff to confirm that all
appropriate restoration within the municipal right-of-way is satisfactory and that
the grading generally meets the approved Lot Grading Plan provided with the
Building Permit.
The Development Deposit will be refunded when all works and restoration have
been completed to the satisfaction of the Director of Planning and Infrastructure
Services. Any decision with respect to the release of the guarantee will be made
at the sole discretion of the Director of Planning and Infrastructure Services.
Soil Management Report – Site Alteration
Every effort must be made to minimize the importing and exporting of material.
Should Site Alteration Works be necessary in advance of Site Plan approval, a
permit is required from the Municipality under Site Alteration By-law 2024-017, as
amended, and from the conservation authority for a regulated area under their
jurisdiction. Securities may be required.
Should Site Alteration Works be necessary, as part of the development process,
a Soils Management Report is required and must be prepared by a Professional
Engineer and submitted to the Deputy CAO Planning and Infrastructure Services
for approval. The applicant will be responsible to meet all current excess soil
regulations.
For additional details and Site Alteration Guides, please visit our website.Site
Alteration - Clarington
General Requirements and Conditions
All works and services must be designed and constructed in accordance with the
Municipality of Clarington Design Criteria and Standard Drawings, provisions of
the Municipality Development By-Law and all applicable legislation and to the
satisfaction of the Director of Planning and Infrastructure Services.
B-2025-0031
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
If you have any questions regarding the above-noted comments, please contact
Julia Antonova, Planning and Infrastructure Services Department.
Mina Mehran, EIT, M. Eng. Transportation Engineer on behalf of Karen
Richardson, Manager of Development Engineering
MEMO
If this information is required in an alternate format, please contact the
Accessibility Coordinator at 905-623-3379 ext. 2131
Thank you for the opportunity to provide comments. Please find the following
comments for your consideration.
The proposal is to facilitate the development of a semi-detached dwelling by
seeking consent to sever a 280 square metre portion of the subject site from a
280 square metre portion of the site, which is located on the south side of
Nelson Street in the Bowmanville Urban Area.
Community Planning notes to please review the policies in Section 23.7 of the
Clarington Official Plan regarding severances.
Sincerely,
David Perkins,
Principal Planner, Community Planning
cc: Lisa Backus, Manager of Community Planning
To: Hebah Masood, Planner I, Development Review Division
From: David Perkins, Principal Planner, Community Planning Division
Date: March 13, 2026
Subject: 55 Nelson Street, Bowmanville
File: B2025-0031
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
To: Planning and Infrastructure Services
From: Emergency and Fire Services - Fire Prevention
Date: Feb 26, 2026
Subject: EFS Review Complete
File: B-2025-0031
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
March 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-2025-0031
Durham Ref.: LD 26/2026
Applicant: Jennifer Beatty
Location: 55 Nelson St.
Municipality: Municipality of Clarington
Hearing Date: March 26, 2026
RECOMMENDATION:
That the application LD 026-2026 be approved.
1. That the applicant shall provide the Durham Region Community
Growth and Economic Development Department with the
$1,000.00 application review fee for each Consent application.
PURPOSE OF APPLICATION
The purpose of this application is to facilitate a semi-detached
dwelling by seeking consent to sever Part 2 from Part 1 on the draft
reference plan. Part 1 will have approximate 13.98 metres of lot
frontage, with a depth of approximately 20.06 metres, and a lot area
of approximately 280 square metres.
Part 2 will have 13.98 metres of lot frontage, with a depth of
approximately 20.03 metres, and a lot area of approximately 280
square metres.
This will facilitate the development of 2 semi-detached residential
units.
REGIONAL DEPARTMENT COMMENTS
Development Advisory Services
As per the Durham Region 2026 Fees and Charges schedule for the
Community Growth and Economic Development Department, a
B-2025-0031
-2-
$1000.00 review fee is applicable per application to all Consent
applications. At this time, the Region has not received these review
fees.
Regional Works Department
The Regional Works Department has reviewed these applications,
and has no objections to the granting of approval for these consent
applications. Any requirements of the Regional Municipality of
Durham concerning the provision of Regional services, financial and
otherwise, shall be made through a future site plan application
CONCLUSION
The purpose of this application is to facilitate a semi-detached
dwelling by seeking consent to sever Part 2 from Part 1 on the draft
reference plan. Part 1 will have approximate 13.98 metres of lot
frontage, with a depth of approximately 20.06 metres, and a lot area
of approximately 280 square metres.
Part 2 will have 13.98 metres of lot frontage, with a depth of
approximately 20.03 metres, and a lot area of approximately 280
square metres.
This will facilitate the development of 2 semi-detached residential
units.
The Region has no objection to approval of these applications,
subject to fulfillment of the all of the above noted conditions of
approval.
Yours truly,
Michael Scott
Michael Scott,
Principal Planner
From:WILSON, Chris
To:Committee of Adjustment (SM)
Subject:RE: Agency Circulation for B-2025-0031: 55 Nelson St
Date:Wednesday, March 11, 2026 1:12:58 PM
Attachments:image001.png
EXTERNAL
Hi,
No comments for mail delivery.
Thank you,
Chris Wilson
Officer, Delivery Services, Delivery Planning | Canada Post | GTA Region | chris.wilson@canadapost.ca |
416-262-7408
From:LANDUSEPLANNING
To:Committee of Adjustment (SM)
Subject:Clarington - 55 Nelson Street, Bowmanville - B-2025-0031
Date:Monday, March 16, 2026 1:20:01 PM
EXTERNAL
Hello,
We are in receipt of your Application for Consent, B-2025-0031 dated 2026-02-25. We have reviewed the documents
concerning the noted Plan and have no comments or concerns at this time. Our preliminary review considers issues
affecting Hydro One’s 'High Voltage Facilities and Corridor Lands' only.
For proposals affecting 'Low Voltage Distribution Facilities’ the Owner/Applicant should consult their local area
Distribution Supplier. Where Hydro One is the local supplier the Owner/Applicant must contact the Hydro subdivision
group at subdivision@Hydroone.com or 1-866-272-3330.
To confirm if Hydro One is your local distributor please follow the following link: Stormcentre (hydroone.com)
Please select “Search” and locate the address in question by entering the address or by zooming in and out of the map.
If you have any further questions or inquiries, please contact Customer Service at 1-888-664-9376 or e-mail
CustomerCommunications@HydroOne.com to be connected to your Local Operations Centre
If you have any questions please feel free to contact Land Use Planning.
Thank you,
Land Use Planning Department
Hydro One Networks Inc.
Email: LandUsePlanning@HydroOne.com
1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net
Comments to Land Division Committee Meeting for December 7, 2020
Application Number: LD 102/2020
Applicant/Owner: Ryan Carr
Location: 22 Hunt Street, Bowmanville
Proposed Use: Creation of one new residential lot within the Urban Area of
Bowmanville
Description of Application
The purpose of this application is to sever a 550.2 square metre residential lot, retaining
a 419.0 square metre residential parcel of land within the Urban Area of Bowmanville.
The proposal will create one semi-detached building lot. A future severance application
will create two semi-detached dwellings, each of which will contain an apartment-in-
house.
The existing single-detached dwelling on the retained lands will remain, Part 1 on Figure
1, below.
Figure 1: Proposed severance
LD102/2020 Page 2
Provincial Policy
Provincial Policy Statement
The Provincial Policy Statement states that planning authorities shall permit and
facilitate all forms of housing and all forms of residential intensification, including
secondary units where this can be accommodated, considering existing building stock
and areas. The definition of ‘intensification’ includes the development of vacant or
underutilized lots within previously developed areas and infill development. The
proposal to create one additional semi-detached building lot represents an opportunity
for redevelopment and intensification within a settlement area utilizing existing services.
The proposal is consistent with the Provincial Policy Statement.
Growth Plan
The proposal is within the Built Boundary of the Growth Plan. The creation of one
additional lot is considered intensification within the Urban Area of Bowmanville and
contributes to the intensification targets within the existing Built-up Areas. The proposal
will make use of existing municipal services.
The proposal conforms to the Growth Plan.
Conformity with Official Plan Provisions
The Clarington Official Plan designates the subject lands Urban Residential. The
property is internal to a neighbourhood. Semi-detached dwellings are permitted uses
within this designation.
Intensification Policies
The property is located within the Built-Up Area of the Municipality. The proposal to
create an additional lot contributes towards the Municipality’s residential intensification
target for Bowmanville. Development within the Built-up Areas are encouraged and
should be given priority since they are making efficient use of existing services and
infrastructure.
The size of any parcel of land created by a severance should be appropriate for the use
proposed and in keeping with the character of the neighbourhood. The proposal is
similar to the pattern of the older lots to the east. Across the street and to the west are
newer lots created through a plan of subdivision. These lots are similar in size, but with
narrower frontages.
The proposal conforms to the Clarington Official Plan.
Conformity with Zoning By-Law Provisions
The property is zoned “Urban Residential (R1)” and is subject to the Neighbourhood
Character Overlay (NCO) zone regulations. The NCO contains regulations to implement
the findings of a recently completed Neighbourhood Character Study.
LD102/2020 Page 3
The applicant discussed the proposed severance with Planning Staff and was advised
that minor variances would be required. All required variances for both the proposed
severed and the retained lot are for relief from the regulations in the R1 zone or the
Zoning By-law’s General Provisions. The proposed severed and retained lot complies
with all regulations in the new NCO zone.
Retained Lot
The Zoning By-law states that, for exterior lots, the shorter of the two lot lines that face a
public street is the front lot line and the longer lot line is the exterior side lot line. Thus, if
the subject property is divided as proposed, what is now the exterior lot line (the
northerly lot line along Nelson) will become the front lot line and the 5.5 metre setback
that is now the interior side yard setback to the neighbour to the south would become
the rear yard setback.
Put simply, what is now the southerly, interior side yard would technically become the
rear yard. At 5.5 metres, it is less than the required 7.5 metre rear yard setback.
The proposed retained lot would be 419 square metres and require a minor variance
from the required 460 square metre minimum.
The provided drawing does not identify the distance from the existing deck of the
retained dwelling to the westerly lot line. The required side yard setback is 3 metres,
however, decks and other structures can project into required yard setbacks 1.5 metres,
but a side yard may not be reduced below 0.6 metres. If the deck does not comply with
these regulations, the deck would need to be removed or reduced or a variance to the
yard requirements of the Zoning By-law would be required.
As part of the minor variance process, the retained dwelling of 80 square metres would
be recognized as it is less than the required 85 square metres.
Proposed Lot
The provided drawing shows the rear yard on the proposed lot as 7.41 metres, which is
less than the required 7.5 metres. The applicant has stated this deficiency is the result
of wanting to ensure there is sufficient room at the front of the proposed dwelling for
parking.
The provided drawing also shows 5 risers (steps) to a rear door or each dwelling unit.
Though dimensions are not provided, and the Ontario Building Code will require a
landing, a variance to the general yard provisions in Section 3.1 g. iv) will likely be
required.
Comments
The existing house will be retained. The existing accessory structures will need to be
demolished to facilitate the severance and conform to zoning regulations.
The new lot will facilitate a semi-detached building. After a foundation is poured, a future
severance application will be required to create two semi-detached dwelling units, and
each are proposed to have an apartment-in-house. The provided drawing shows the
LD102/2020 Page 4
required provision of parking for the main dwelling units and the proposed apartments.
The proposal will utilize existing municipal services and is generally consistent with
Provincial, Durham Regional, and Clarington land use policies. The proposed
development requires minor variances from the provisions. The proposed development
complies with the provisions of the Neighbourhood Character Overlay zone.
There is a cedar hedgerow behind a board fence along the lot line facing Nelson Street
(see Figure 2). This would be the front lot line of the proposed severed parcel, and a
portion of this hedgerow would need to be removed to accommodate the new dwellings.
A condition of approval of the severance is to require two suitable trees (Ironwood
and/or Blue Beech) be planted, one each in the front yards of the proposed semi-
detached dwellings after they are constructed. The trees and hedgerow along the lot
line of the retained lot should remain undisturbed. Landscaping will assist in achieving
compatible development and retaining the community character.
Figure 2: Cedar hedgerow and fence facing Nelson Street
The Infrastructure Division of Clarington’s Public Works Department has no objection to
the proposed land severance application, subject to conditions.
Recommendations
Should the Committee deem it appropriate to approve the application, staff would have
no objection, however, would request the owner/applicant do the following as conditions
of approval.
LD102/2020 Page 5
Part 1 - General
1. The applicant shall enter into a Consent Agreement with the Corporation of the
Municipality of Clarington.
2. The applicant shall pay a fee to the Municipality of Clarington for the preparation of
the Consent Agreement. Costs associated with the registration of the agreement
plus disbursements will be billed to the applicant prior to registration of the
agreement.
3. The applicant shall provide a draft reference plan for review prior to registration,
and two (2) hard copies and one (1) digital copy of the registered reference plan.
4. The applicant shall ensure that any new lots created through severance, whether
retained or severed, comply with the applicable provisions of Zoning By-law 84-63.
Staff will review the draft and registered reference plan to ensure compliance with
all applicable zoning provisions.
5. Pay in full all taxes to the Municipality of Clarington.
6. All works and services must be designed and constructed in accordance with the
Municipality of Clarington Design Criteria and Standard Drawings, provisions of the
Municipality Development By-Law and all applicable legislation and to the
satisfaction of the Director of Public Works.
Part 2- Planning Requirements
7. Provide a tree compensation plan and a security for the landscape works in
accordance with Appendix B of the Municipality of Clarington’s Landscape
Guidelines.
a. The securities for the provision and maintenance of all landscaping works
will be reduced at a rate of 80% after completion and inspection. The
remaining 20% will be released after one further year period from the date
of the first reduction of landscaping securities. Plant material will not be
inspected between October 15th and May 15th of each calendar year.
8. The applicant shall pay the Municipality an amount in lieu of conveying land for park
or other public recreational purposes under section 51.1. of the Planning Act, R.S.O
,c.P.13. This payment is equivalent to 5% of the value of the severed parcel. In order
to determine the value of the land, the applicant shall retain a certified Land
Appraiser to prepare a land appraisal. Alternatively, and at the discretion of the
Director of Planning and Development Services, a purchase and sale agreement
within six months prior to the execution of the Consent Agreement will be used to
base the land value.
Part 3 - Requirements for Building Permit
9. Apply for an Entrance Permit to facilitate the construction of an entrance from the
subject property to Nelson Street. The applicant/owner will be responsible for any
LD102/2020 Page 6
costs necessary in providing a connecting access which may include utility
relocation, entrance paving, curb cuts, restoration, etc.
10. Apply for a Building Permit that includes all requirements of the Public Works
Department regarding the engineering and construction of all internal and external
works and services related to this proposal.
11. Provide the Public Works Department with a detailed Lot Grading and Servicing
Plan that conforms to the Municipality of Clarington’s Design Guidelines and is
satisfactory to the Director of Public Works.
a. The applicant/owner has provided a preliminary Lot Grading Plan with this
application. Bends or curves in the driveway are not permitted within the
Municipal Right-of-Way. The maximum width of driveways within the
Municipal Right-of-Way is 6m. The proposed driveways should have a
minimum 0.60m of clearance between edge of driveway and property
limits. These items should be revised before final approval at building
permit stage.
12. Provide the following performance guarantees:
a. $2,000.00 per lot for a road damage deposit;
b. $150.00/linear metre of frontage of existing sidewalk for a sidewalk
damage deposit; and
c. $1,000.00 per each dwelling unit for a grading and drainage deposit.
i. These guarantees will be refunded when all works and restoration
have been completed to the satisfaction of the Director of Public
Works. Any decision with respect to the release of the guarantee
will be made at the sole discretion of the Director of Public Works.
Part 4 - Soil Management & Site Alteration
Every effort must be made to minimize the importing and exporting of material.
Should Site Alteration Works be necessary, in advance of the approval of the future
consent, a permit is required from the Municipality under Site Alteration By-law 2008-
114, as amended, and from the conservation authority for a regulated area under their
jurisdiction.
Should Site Alteration Works be necessary, as part of the development process, a Soils
Management Report is required prepared by a Professional Engineer and submitted to
the Director of Engineering Services for approval.
The approval of a permit under the Site Alteration By-law or Soils Management Report
will require providing information respecting any proposed import or export of fill to or
from any portion of the Lands, intended haulage routes, the time and duration of any
proposed haulage, the source of any soil to be imported, quality assurance measures
for any fill to be imported, and any proposed stockpiling on the subject lands.
Soils Management Report and Plans need to address the following areas:
LD102/2020 Page 7
1) Proposed haul route, demonstrating shortest routes and least impact to
municipal roads, traffic and residents.
2) Proposed schedule with precise start and end dates.
3) Estimate of how many cubic meters to be hauled, how many trucks per day.
4) A description of the proposed fill, confirming it originates from within the
Municipality of Clarington and describing source locations and confirmation
from a qualified expert that it contains no contaminated fill, as defined in the
Municipality’s current Site Alteration By-law.
5) Daily haulage time restrictions where public may be impacted (i.e. rush hour
traffic, school areas, park areas, etc.). Mud and dust control program for both
source and dump sites, including who will be monitoring the haulage to
ensure conformance to these conditions.
6) This also includes monitoring and cleaning mud mats and roadways at both
sites. The Municipality is to be provided with the contact’s name and position,
their 24-hour phone number and what company they are using to clean
Municipal roads.
7) When route is approved by the Municipality, a precondition assessment and
post haulage assessment to determine any damage and required repairs to
the satisfaction of the Municipality.
8) Written commitment from applicant to ensure their contractor, subcontractor and
all associated parties adhere to these requirements and any additional
conditions that the Director of Engineering determines appropriate under the
Municipality’s current Site Alteration By-law.
9) Any Municipal approval is based on the understanding that the applicant has
obtained prior to the work, the necessary approvals from any other agencies,
including the Conservation Authority where appropriate. Provide written
confirmation of consultation and acceptance of the proposal from the
Conservation Authority.
10) Absolutely no alteration of either the source or destination site shall occur
until the Municipality has approved the Soils Management Plan and/or Site-
Alteration Permit (e.g. Silt fence installation, tree clearing, mud mat
construction, etc.).
Part – 5 Other Requirements
13. Excavation of Municipal Roads is not permitted between December 1st and April
30th.
14. The following notes must be provided on all site plan drawings:
• “Respecting all work in the municipal right-of-way, the contractor is to
provide at least 48 hours prior notice to the Clarington Public Works
Department staff at (905) 623-3379”.
LD102/2020 Page 8
• “A Road Occupancy Permit will be required for any work done in the
municipal road allowance. Excavation of the road surface is not permitted
between December 1st and April 30th”.
• “All restoration or work done in the road allowance must be completed as
per municipal field staff direction”.
• “The performance guarantee will not be refunded by the Municipality of
Clarington unless the works have been inspected by municipal
representatives and deemed to be complete and satisfactory”.
Cynthia Strike
Manager, Development Review Branch
Planning and Development Services
/MJ/jp
December 1, 2020
cc LDO
I:\^Department\Application Files\LD-Land Division\2020\LD2020-102 22 Hunt Street, Bowmanville\MOC
Comments\MOC_Comments_LD2020-102_1'Dec'2020.docx
Planning and Development Services
Committee of Adjustment
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Date of Meeting: August 12, 2021
File Number: A2020-0037 & A2021-0035
Address: 22 Hunt Street & Proposed 55 Nelson Street, Bowmanville
Report Subject: Minor variances to facilitate the creation of two residential dwelling lots
relating to a Land Division application (LD 102/2020).
Recommendations:
1. That the Report for Minor Variance Application s A2020-0037 and A2021-0035 be
received;
2. That all written comments and verbal submissions were considered in the
deliberation of this application;
3. That application s A2020-0037 and A2021-0035 for minor variances to Zoning By-law
84-63, including:
For 22 Hunt Street (A2020-0037) – Proposed Retained Lot
a. Section 12.2 a. i) to reduce the minimum lot area from 460 square metres to
408 square metres;
b. Section 12.2 d. iv) to reduce the minimum rear yard setback from 7.5 metres
to 5.5 metres
c. Section 12.2 e. i) a) to reduce the minimum dwelling unit area from 85 square
metres to 80 square metres;
d. Section 12.2.1 b. i) b) & c) to recognize the existing established building line
in the front yard being 4.6 metres, and the existing established building line in
the exterior side yard being 4.5 metres
For 55 Nelson Street (A2021-0035) – Proposed Severed Lot
a. Section 12.2 d. iv) to reduce the minimum rear yard setback from 7.5 metres
to 7 metres; and
Municipality of Clarington
Committee of Adjustment
A2020-0037 & A2021-0035 Page 2
b. Section 3.1 g. iv) to increase the maximum step and deck projection in the
rear yard from 1.5 metres to 2.5 metres,
be approved, as it is minor in nature, desirable for the appropriate development or
use of the land and maintains the general intent and purpose of the Zoning By-law,
the Durham Region Official Plan and Clarington Official Plan; and
4. That all interested parties listed in this report be forwarded a copy of Committee’s
decision .
Municipality of Clarington
Committee of Adjustment
A2021-0031 & A2021-0032 Page 3
1. Application Details
1.1 Owner/Applicant: 10059773 Canada Ltd. / Ryan Carr
1.2 Proposal : For 22 Hunt Street (A2020-0037) – Proposed Retained Lot
a. Section 12.2 a. i) to reduce the minimum lot area from 460
square metres to 408 square metres;
b. Section 12.2 d. iv) to reduce the minimum rear yard setback
from 7.5 metres to 5.5 metres
c. Section 12.2 e. i) a) to reduce the minimum dwelling unit
area from 85 square metres to 80 square metres; and
d. Section 12.2.1 b. i) b) & c) recognize the existing established
building line in the front yard being 4.6 metres, and the
existing established building line in the exterior side yard
being 4.5 metres
For 55 Nelson Street (A2021-0035) – Proposed Severed Lot
e. Section 12.2 d. iv) to reduce the minimum rear yard setback
from 7.5 metres to 7 metres; and
f. Section 3.1 g. iv) to increase the maximum step and deck
projection in the rear yard from 1.5 metres to 2.5 metres.
1.3 Area of Lot: 408.5 square metres (retained lot)
560.6 square metres (severed lot)
1.4 Location: 22 Hunt Street (A2020-0037) and proposed 55 Nelson Street
(A2021-0035), Bowmanville
1.5 Legal Description: Part Lot 11, Concession 1, Part 2 of Registered Plan 10R -525,
Former Township of Darlington
1.6 Zoning: “Urban Residential Type One (R1) Zone” & “Neighbourhood
Character Overlay Zone” in Zoning By-law 84-63
Municipality of Clarington
Committee of Adjustment
A2020-0037 & A2021-0035 Page 4
1.7 Clarington Official
Plan Designation:
Urban Residential
1.8 Durham Region
Official Plan
Living Areas
1.9 Heritage Status: None
Municipality of Clarington
Committee of Adjustment
A2020-0037 & A2021-0035 Page 5
Figure 1 – Location Map
Municipality of Clarington
Committee of Adjustment
A2021-0031 & A2021-0032 Page 6
2. Background
2.1 The applicant submitted a Land Division application to the Region of Durham to create
two residential lots in October of 2020.
2.2 At the December 7, 2021 Regional Municipality of Durham Land Division Committee
Meeting, LD 102/2020 was conditionally approved to sever the subject property and
create the proposed lot (A2021-0035). The applicant indicated a semi -detached
dwelling with an apartment-in -house in each semi-detached unit, is proposed on the
severed parcel. The applicant also addressed some concerns raised by area residents
regarding parking, stormwater management and the proposed dwelling type and
location. The applicant stated they will retain as many of the existing trees and
vegetation as possible.
2.3 Since then, the applicant had submitted numerous severance plan revisions to Staff to
address the comments and concerns Staff raised.
2.4 On July 27, 2021, the applicant requested that their application for Minor Variance
initially submitted in September 2020, be brought to the Committee for hearing. Since
providing notice there are two aspects of the minor variance application that have
evolved. Firstly on 22 Hunt Street (A2020-0037), a variance was not needed to
recognize the existing deck projection into the required interior side yard as it was found
to comply. Secondly, Staff recommended refining the deck projection for 55 Nelson
Street based on Staff’s review of revised plans.
2.5 Since these revisions are a reduction in the extent of the Minor Variances, no further
notice is required, and Staff ’s recommendation is reflective of these minor modifications.
Municipality of Clarington
Committee of Adjustment
A2020-0037 & A2021-0035 Page 7
Figure 2 – Proposed Severance Sketch showing 22 Hunt Street (Part 1) and
Proposed Semi -detached dwelling at 55 Nelson Street (Part 2)
3. Land Characteristics and Surrounding Uses
3.1 The subject property is located at 22 Hunt Street in Bowmanville, at the south -west
corner of Nelson Street and Hunt Street. The property is situated within the established
Memorial neighbourhood of Bowmanville and within the Neighbourhood Character
Study area. Existing on the property is a one-storey single detached dwelling on the
eastern end of the property, closer to Hunt Street.
3.2 The surrounding uses to the south, east and north -east include a variety of low-density
residential dwelling types, primarily one to one-half storey single detached dwellings.
Immediately north across Nelson Street are properties not within the Neighbourhood
Character Study Overlay area which include subdivision type single detached dwellings
that are between 1.5-2 storeys. The abutting property to the west is Environmentally
Protected (stormwater management facility), with existing single detached dwellings
located further to the west (see Figure 3).
Municipality of Clarington
Committee of Adjustment
A2020-0037 & A2021-0035 Page 8
Figure 3 – Surrounding properties and land uses
4. Public Notice and Submissions
4.1 Pursuant to the requirements of the Planning Act, the appropriate signage
acknowledging the application was installed on the subject lands (see Figure 4). In
addition, the appropriate notice was mailed to each landowner within the prescribed
distance.
4.2 Staff did not receive any enquiries about this application.
Retained lot
Severed lot
A2021-0035
Municipality of Clarington
Committee of Adjustment
A2020-0037 & A2021-0035 Page 9
Figure 4 – Existing dwelling at 22 Hunt Street
5. Departmental and Agency Comments
5.1 The Infrastructure Division of Public Works has reviewed both applications A2020-0037
& A2021-0035 and have no objection to the proposed Minor Variances at this time.
5.2 The Building Division of Planning and Development Services has reviewed both
applications A2020-0037 & A2021-0035 and offer no comments.
5.3 Clarington Emergency and Fire Services Department has reviewed both applications
A2020-0037 & A2021-0035 and found no fire safety concerns.
5.4 The Special Projects branch of Planning and Development Services has reviewed both
applications and do not have any concerns or comments.
Municipality of Clarington
Committee of Adjustment
A2020-0037 & A2021-0035 Page 10
6. Discussion
Conformity with the intent and purpose of the Regional and Clarington Official Plans
6.1 The subject property is designated Living Areas within the Region of Durham Official
Plan . New housing is to be developed in a cost-effective and efficient manner that also
contributes to an attractive and safe living environment.
6.2 The subject property is designated Urban Residential within the Clarington Official Plan.
Proposed dwellings are to be compatible with existing residential uses while achieving
gentle intensification.
6.3 Both the Regional and Clarington Official Plans permit the residential use of the
property.
6.4 For the above stated reasons, it is S taff’s opinion that the application conforms with both
Official Plans.
Conformity with the intent and purpose of the Zoning by-law
6.5 The subject property is zoned “Urban Residential Type One (R1)” and is subject to the
“Neighbourhood Character Overlay” provisions in Zoning By-law 84-63. Th e “R1” Zone
requires a minimum lot area of 460 square metres for a single detached dwelling lot.
The retained lot (22 Hunt Street) will have a resulting lot area of 408 square metres,
with a change from the front lot line shifting from Hunt Street to Nelson Street. The
existing dwelling on the subject property will remain municipally addressed as 22 Hunt
Street.
6.6 The intent of the minimum lot area requirement is to maintain a reasonable lot size that
would accommodate the appropriate permitted residential use, such as a single or semi -
detached dwelling. A single detached dwelling on a lot that satisfies the minimum lot
area would maintain the existing form of single detached dwellings in the immediate
neighbourhood and ensure the street character is preserved. The minimum lot area also
ensures that there is a reasonable amount of green space that balances the lot
coverage of the dwelling on the lot. The proposed redu ction in lot area for the retained
lot from 460 square metres 408 square metres will not negatively impact the character
of the street as the existing dwelling will be maintained. Lot sizes vary in the immediate
area and the reduction to lot area will provide an adequate amount of landscaped open
space on the lot and along the street frontages. While the lot area proposed for the
retained lot is a reduction to the minimum size required, the maximum lot coverage
regulation is satisfied as the dwelling is relatively small. Therefore, the scale of the
smaller dwelling is complementary to the smaller lot area.
6.7 The existing dwelling on the retained lot has a minimum dwelling unit area of 80 square
metres, which is deficient from the required 85 square metre minimum. The intent of
maintaining a minimum dwelling unit area is to ensure an appropriate size for livable
Municipality of Clarington
Committee of Adjustment
A2020-0037 & A2021-0035 Page 11
space, despite the Ontario Building Code also regulating minimum dwelling unit size.
The reduction to the minimum dwelling unit area to recognize the existing dwelling is
deemed to be appropriate.
6.8 The existing dwelling on the retained lot will have a rear yard setback of 5.5 metres,
which was formerly the interior side yard setback. The interior side yard setback to the
existing dwelling, which was formerly the rear yard setback, is 5.7 metres. In Staff’s
opin ion, while the new southerly yard becomes the rear yard, there is an appropriate
amount of amenity space both west and south of the existing dwelling considering the
new lot configuration.
6.9 The existi ng dwelling on the retained lot will also have a new front yard setback of 4.6
metres from Nelson Street, and a new exterior side yard setback of 4.5 metres, which
was formerly the existing front yard setback. The yard setbacks from the existing
dwelling to the property lines are to be recognized as is, due to the dwelling and
established building line being maintained.
6.10 The general intent of maintaining the minimum setbacks is to ensure the dwellings are
appropriately setback from the street, adjacent properties and to establish sufficient
space to accommodate grading and drainage. Despite the proposed reductions to yard
setbacks, Staff concur that appropriate setbacks to abutting streets and neighbouring
properties can be maintained, and grading and drainage will not be negatively impacted.
The newly established front yard and exterior side yard setbacks to the existing single
detached dwelling maintains the intent of the established building line setback required
in the Neighbourhood Character Study Zone regulations, as the dwelling continues to
exist and maintains the established building line the subject lands.
6.11 The proposed severed lot of 55 Nelson Street requires a reduction to the required
minimum rear yard setback of 7.5 metres in the “R1” Zone. The proposed rear yard
setback for the semi -detached dwelling is 7 metres. While somewhat smaller than the
minimum zone requirements, the deficiency can be attributed to a shallow lot depth and
siting of an appropriate building footprint, while maintaining an adequate relationship to
the street.
6.12 According to Section 3.1 g. iv), decks and steps are permitted to project into a required
yard of not more than 1.5 metres, but in no case shall a required yard be reduced to
below 0.6 metres. The proposed decks and steps on the proposed semi -detached
dwelling projects approximately 2.5 metres into the reduced rear yard setback of 7
metres.
6.13 The intent of limiting the projection of decks and steps into required yards is to minimize
encroachment and overlook onto adjacent properties. The proposed decks and steps at
the rear of the semi-detached dwelling maintain a minimum rear yard setback of 4.5
metres, which provides an adequate amount of clearance and landscaped open space
in the rear yard of the severed lot.
Municipality of Clarington
Committee of Adjustment
A2020-0037 & A2021-0035 Page 12
6.14 All other applicable zoning regulations are complied with at this time.
6.15 For the above stated reasons, it is S taff’s opinion that the application conforms with the
Zoning By-law.
Desirable for the appropriate development or use of the land, building or structure
6.16 The appropriate development for the subject property is residential. The block and
immediate neighbourhood include properties zoned to permit single detached dwellings.
The proposed severance will provide an opportunity for gentle intensification on th e
property without significantly deviating from the Zoning By-law requirements and will
recognize the remaining dwelling as it continues to exist. Intensification through infill
development is desirable where it can be accommodated as it makes efficient use of
existing infrastructure while providing additional housing.
6.17 The reduction s in lot area, rear yard setback, dwelling unit area, and recognizing the
established building line setbacks in the front yard and exterior side yard for the retained
lot, can be supported as they would not be out of character of similar undersized lots in
the vicinity of Hunt and Nelson Street. The proposed minor variances facilitate the
creation of a new lot for infill residential development that will not significantly erode the
character of the neighbourhood. Additionally, the reduction in the rear yard setback and
in crease to the deck and step projection for the proposed semi-detached dwelling lot will
provide each unit a designated amenity space in the rear yard. Impacts to the residential
property to the south are negligible as there is no dwelling directly to the south, but
rather the rear yard directly abuts rear yard amenity space for a considerable distance
to the south.
6.18 Based on the review by Staff and agencies there are no technical reasons why the
minor variance should not be supported.
6.19 For the above stated reasons, it is Staff’s opinion that the minor variance requested is
desirable for the residential use of land and building.
Minor in Nature
6.20 The proposed single detached dwelling and semi -detached dwelling lots will be in
keeping with the low-density residential development existing on adjacent and
surrounding properties. The reduction s in lot area, dwelling unit area, rear yard
setbacks, deck and step projections, as well as recognizing the established front and
exterior side yard setbacks, will not negatively impact the character of the
neighbourhood nor result in an adverse visual impact on the streetscape.
6.21 A number of variances can be attributed to the existing dwelling that dates back to
1948, while some are attributed to facilitating a land division application for this infill lot.
Municipality of Clarington
Committee of Adjustment
A2020-0037 & A2021-0035 Page 13
6.22 It is expected that the new semi -detached dwelling on the severed lot will be built to
satisfy all other zone provisions.
6.23 Planning Staff received no adverse comments from internal departments, agencies nor
the public.
6.24 For the above stated reasons, it is staff’s opinion that the variances are minor in nature.
7. Conclusion
7.1 Based on Staff’s review of the application the application conforms to the intent and
purpose of the Zoning By-law and the Regional and Municipal Official Plans, is
desirable for the appropriate development or use of land and is deemed to be minor in
nature.
7.2 Given the above comments, Staff recommends approving this application for a minor
variance to facilitate the creation of two residential dwelling lots relating to a Land
Division application (LD 102/2020).
Submitted by:
Anne Taylor Scott, Principal Planner
Development Review Branch
Staff Contact: Aibelle Babista / Sean Jeffrey
Interested Parties:
The following interested parties will be notified of Committee's decision:
Ryan Carr
Planning and Infrastructure Services
Committee of Adjustment
Consent
B-2026-0001
105 Queen Street, 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: March 26, 2026
File Number: B-2026-0001
Cross Reference: B-2026-0003 / A-2025-0052
Address: 105 Queen Street, Bowmanville
Report Subject: Seeking consent to facilitate the creation of one new residential lot. As
proposed, the retained lot (Part 1 on the Draft Reference Plan) will have a
lot area of 8,635.8 square metres and 78.12 metres of lot frontage along
Queen Street and lot frontage of 86.3 metres along Queen Avenue. The
severed lot (Parts 2, 3, and 4 on the Draft Reference Plan), as proposed,
will have a lot area of 8,485 square metres and lot frontage of
approximately 23.27 metres along Queen Avenue.
Recommendations:
1. That the Report for Consent file B-2026-0001 be received.
2. That all written comments and verbal submissions are considered in the deliberation
of this application.
3. That application B-2026-0001 for consent be tabled for a period of up to two (2)
years and no later than March 2028 to allow the applicant to provide Staff with the
required reports and studies including a Sunlight and Shadow Impact Study,
Environmental Site Assessment, Environmental Impact Study, and updates to the
Traffic Impact Study to satisfy 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 Page 2
B-2026-0001
1. Application Details
1.1. Owner: CSH (Bowmanville) Inc.
1.2. Applicant: Greg Gilbert c/o Fitzrovia Real Estate Inc.
1.3. Proposal:
residential lot. As proposed, the retained lot (Part 1 on the
Draft Reference Plan) will have a lot area of 8,635.8
square metres and 78.12 metres of lot frontage along
Queen Street and lot frontage of 86.3 metres along Queen
Avenue. The severed lot (Parts 2, 3, and 4 on the Draft
Reference Plan), as proposed, will have a lot area of
8,485 square metres and lot frontage of approximately
23.27 metres along Queen Avenue.
Municipality of Clarington
Committee of Adjustment Page 3
B-2026-0001
Figure 1: Property Location Map
Municipality of Clarington
Committee of Adjustment Page 4
B-2026-0001
2. Background
2.1. On January 16, 2026, Planning Staff received a Consent Application from the
applicant of 105 Queen Street in Bowmanville. The proposed consent
application seeks to create one new lot as Parts 2, 3, and 4 (Severed Lot) and
Part 1 (Retained Lot), as shown on the Draft Reference Plan (see Attachment
1). The proposed severance is for financing and ownership purposes to facilitate
the construction of Phase 2 of Chartwell Bowmanville Creek, a proposed 223-
unit apartment geared towards Seniors, on Part 2 of the Draft Reference Plan.
Phase 1 of Chartwell Bowmanville Creek, located on Part 1 of the Draft
Reference Plan, is a 143-unit Retirement Home that has been operational since
2017.
2.2. On December 23, 2025, an application for Minor Variance (A-2025-0052) was
submitted for the subject lands. Nine (9) variances were requested and tabled by
the Committee at the February 26, 2026, meeting date due to outstanding
information required including an Environmental Impact Study (EIS),
Environmental Site Assessment (ESA), Sunlight and Shadow Impact Study, and
updates to the submitted Traffic Impact Study (TIS) to determine the
supportability of the requested variances.
2.3. At the time of writing this report, Planning Staff have received two additional
Planning Act applications from the applicant for the subject lands to facilitate
Phase 2 of Chartwell Bowmanville Creek. On January 31, 2026, Planning Staff
received a Consent Application (B-2026-0003) for easements for Part 2 over
Part 1 that is required for access, people, and infrastructure if the proposed
severance is approved.
2.4. A third Consent Application which is for cross-access easements for access,
people, and infrastructure for Part 1 over Part 2 is forthcoming.
3. Public Notice and Submissions
3.1. Pursuant to the requirements of the Planning Act, the appropriate signage
notifying the application was installed on the subject lands.
3.2. Two (2) signs were installed; one sign was installed on Queen Street and one
sign was installed on Queen Avenue. In addition, the appropriate notice was
mailed to each landowner within 60 metres of the subject site.
3.3. At the time of writing this report, Staff did not receive any inquiries for this
application from members of the public.
Municipality of Clarington
Committee of Adjustment Page 5
B-2026-0001
4. Discussion
Justification for Tabling
4.1. There have been on-going, frequent meetings between the applicant, Clarington
Staff, and external agencies since November 2025 to discuss the requirements
of applications to facilitate the development of the proposed Phase 2 of
Chartwell Bowmanville Creek development. To facilitate the proposed
development, applications for severance, easements for both the retained and
severed parcels, Minor Variance, Site Plan Approval, and Removal of Holding
are required.
4.2. The submitted Draft Reference Plan does not show the existing Phase 1 building
of Chartwell Bowmanville Creek. There are no proposed changes to the existing
building on the proposed retained lot, however, the severance is proposed along
the southern façade where a connection to the proposed Phase 2 development
is planned. The Draft Reference Plan shall be revised to include the location of
the existing building for Staff to confirm that the proposed lot lines are in fact in
alignment with the southern façade of the existing building in order to confirm
that Phase 1 and Phase 2 will be located on separate lots.
4.3. As there are studies and reports that must demonstrate the proposed
development can be supported, in addition to being contingent upon the
approval of Minor Variances that have been tabled as the required supporting
material has not been provided, Staff are of the opinion that an application for
severance should be tabled to allow for the receipt and review of the required
documents to determine the development limits.
Required Reports and Studies to Determine Development Limits
Environmental Impact Study (EIS)
4.4. Within Envision Durham, the land use designation of the subject lands is “Major
Open Space Area” and “Regional Centre”. The predominant land use of Major
Open Space Areas is to be environmental protection and conservation. It is a
policy of Council to discourage the fragmentation of Major Open Space Areas,
and any development is required to demonstrate that there are no negative
impacts on features. To ensure the development has no negative impact on key
natural features, an Environmental Impact Study is required.
4.5. The subject lands are designated “Urban Centre” and “Environmental
Protection” within Clarington’s Official Plan. Section 14.4 of the Clarington
Official Plan outlines that the development and fragmentation of Environmental
Protection lands is not permitted. The Environmental Protection Land Use
Designation is determined based on the location of Natural Heritage Features
and the 15-metre Minimum Vegetation Protection Zone required in Table 3-1 of
the Official Plan.
Municipality of Clarington
Committee of Adjustment Page 6
B-2026-0001
4.6. The current delineation of the Environmental Protection land use within the
Official Plan is based on the Environmental Impact Study (EIS) conducted in
2012 submitted for the Official Plan Amendment and Zoning By-law
Amendment, which were approved in 2014. The location and specific features of
the Natural Heritage System are not stagnant and may change over time.
Generally, an update to an EIS is required after 5 years, when an EIS is required
as part of an application. As the submitted EIS is based on a 2012 study, a new
EIS is required to determine the extent of Environmental Protection lands based
on the location and type of Natural Features.
Environmental Impact Assessment
4.7. Staff have indicated the intent to pursue the conveyance of the Environmental
Protection lands on the subject site to the Municipality. Section 23.10.1 of the
Official Plan outlines that for lands conveyed to the Municipality, as part of a
condition for development or redevelopment, shall be free from all
encumbrances and shall not be contaminated. Due to the proximity of the
subject lands from the former Goodyear lands and the requirement of a Phase 1
and Phase 2 Environmental Site Assessment (ESA) for the Removal of Holding
for the (R4-36) Zone, an ESA is required.
4.8. The applicant submitted a Phase One Environmental Site Assessment on
February 23, 2026. Staff have reviewed the report and have provided comments
to the applicant, including that the ESA needs to be updated in accordance with
O.Reg 153/04, as amended. At the time of writing this report, the submitted ESA
does not provide the necessary information to confirm that the subject lands,
including the lands pursued to be conveyed, are not contaminated.
Minor Variances Required to Facilitate the Severance
4.9. The development, as proposed, has zoning deficiencies which require the
approval of Minor Variances to permit the proposed built form. A Minor Variance
application (A-2025-0052) for nine (9) requested variances in regards to height,
setbacks, landscaped open space, as well as parking was tabled by the
Committee on February 26, 2026. There are several reports and studies
required to demonstrate the supportability by Staff of the requested variances,
including an Environmental Impact Study (EIS), Environmental Site Assessment
(ESA), Traffic Impact Study (TIS) and Sunlight and Shadow Impact Study.
4.10. The proposed severance is to support the construction of Phase 2 of Chartwell
Bowmanville Creek and would require the approval of Minor Variances to
address setback zoning deficiencies. In order for the proposed retained building
(i.e., Phase 1) to comply to the (R4-35) Zone regulations as a result of the
severance, variances are required. To facilitate the connection of the proposed
Phase 2 building with Phase 1, due to legally being two lots, setback variances
are required.
Municipality of Clarington
Committee of Adjustment Page 7
B-2026-0001
4.11. Staff are of the opinion that the severance application should be tabled until the
required reports and studies for the Minor Variances demonstrate that the built
form, as proposed, can be supported prior to the approval of a severance as the
built form has the potential to change based on the finding, and may require the
proposed lot configuration to be modified.
5. Conclusion
5.1. The recommendation from Planning Staff is that Consent Application B-2026-
0001 be tabled for a period of up to two (2) years and no later than March 2028.
Submitted by:
Ainsley Johnston
Acting Secretary-Treasurer
Committee of Adjustment at the Municipality of Clarington
Concurrence:
This report has been reviewed by Sarah Gattie, MCIP, RPP, Principal Planner who
concurs with the recommendations.
Staff Contact: Ainsley Johnston, Planner I, (905) 623-3379 x2438 or
AJohnston@Clarington.net
Municipality of Clarington
Committee of Adjustment Page 8
B-2026-0001
Attachments:
Attachment 1: Draft Reference Plan
Attachment 2: Clarington Development Engineering Comments
Attachment 3: Clarington Emergency & Fire Services Comments
Attachment 4: Durham Region Community Growth & Economic Development and
Durham Region Works Department Comments
Interested Parties:
Shaun McGarry
Kevin Nesbitt
The following interested parties will be notified of Committee's decision:
Shaun McGarry
Kevin Nesbitt
1137 Centre Street Thornhill ON L4J 3M6 905.738.0053 F 905.738.9221 www.krcmar.ca
FIELD:
DWG NAME:
DRAWN:CHECKED:JOB NO:
WORK ORDER NO:PLOT INFO:
PLAN AVAILABLE AT www.ProtectYourBoundaries.ca
MUNICIPAL ADDRESS:
4253809:00 12/Jan/2026
SNR/RW/SMMS.D./J.M.S.M.
No. 105 QUEEN STREET, BOWMANVILLE
12-016RP04
12-016
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PRELIMINARY
PRELIMINARY
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 sever an 8,485 m2 parcel of land, retaining an 8,635.80 m2 parcel of land.
We have reviewed the above-noted application and have no objection to this proposal
subject to the following comments:
Development Agreement
The applicant/owner must enter into a consent agreement with the Municipality which
includes all requirements of the Planning and Infrastructure Services Department
regarding the engineering and construction of all internal and external works and
services related to this proposal.
General Comment
This application is associated with PC2025-0033. Please review the comments provided
in the Pre-Consultation file PC2025-0033 for the Site Plan Application.
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, Manager of Development Engineering,
Planning and Infrastructure Services
KR/AKA
To:
From:
Mina Mehran on behalf of Karen Richardson, Manager of
Development Engineering, Planning and Infrastructure Services
Date:
Subject: Land Division Application B2026-0001
File:
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
To: Planning and Infrastructure Services
From: Emergency and Fire Services - Fire Prevention
Date: Mar 03, 2026
Subject: EFS Review Complete
File: B-2026-0001
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
March 20, 2026
Jacob Circo, Senior Planner
Planning and Infrastructure Services
Municipality of Clarington
40 Temperance Street
Bowmanville, ON L1C 3A6
Re: Application for Consent B-2026-0001 & B-2026-0003
Durham Ref.: LD 033 &34/2026
Applicant: Greg Gilbert c/o Fitzrovia Real Estate Inc.
Location: 105 Queen St.
Municipality: Municipality of Clarington
Hearing Date: March 26, 2026
RECOMMENDATION:
That the application LD 033&34-2026 be approved.
1. That the applicant shall provide the Durham Region Community
Growth and Economic Development Department with the
$1,000.00 application review fee for each Consent application.
PURPOSE OF APPLICATION
The purpose of consent application LD 033/2026 is to facilitate the
creation of one new residential lot. As proposed, the retained lot will
have a lot area of 8,635.8 square metres and 78.12 metres of lot
frontage along Queen Street and lot frontage of 86.3 metres along
Queen Avenue. The severed lot, as proposed, will have a lot area of
8,485 square metres and lot frontage of approximately 23.27 metres
along Queen Avenue.
The purpose of consent application LD 034/2026 is to obtain
consent to facilitate cross-access easements for people, vehicles,
and infrastructure for Part 2 over Part 1 shown on the Draft
Reference Plan.
Phase 1 of the development, a 5-storey seniors’ residence, was
completed in 2017 and is fully operational. Phase 2 is proposed as a
10-storey seniors’ apartment building that integrates with the existing
residence and responds to the updated policy framework
established through the Bowmanville East Urban Centre Secondary
Plan approved by Council in early 2025
B-2026-0001 & B-2026-0003
-2-
REGIONAL DEPARTMENT COMMENTS
Development Advisory Services
As per the Durham Region 2026 Fees and Charges schedule for the
Community Growth and Economic Development Department, a
$1000.00 review fee is applicable per application to all Consent
applications. At this time, the Region has not received these review
fees.
Regional Works Department
The Regional Works Department has reviewed these applications,
and has no objections to the granting of approval for these consent
applications. Any requirements of the Regional Municipality of
Durham concerning the provision of Regional services, financial and
otherwise, shall be made through a future site plan application
CONCLUSION
The purpose of consent application LD 033/2026 is to facilitate the
creation of one new residential lot. As proposed, the retained lot will
have a lot area of 8,635.8 square metres and 78.12 metres of lot
frontage along Queen Street and lot frontage of 86.3 metres along
Queen Avenue. The severed lot, as proposed, will have a lot area of
8,485 square metres and lot frontage of approximately 23.27 metres
along Queen Avenue.
The purpose of consent application LD 034/2026 is to obtain
consent to facilitate cross-access easements for people, vehicles,
and infrastructure for Part 2 over Part 1 shown on the Draft
Reference Plan.
The Region has no objection to approval of these applications,
subject to fulfillment of the all of the above noted conditions of
approval.
Yours truly,
Michael Scott
Michael Scott,
B-2026-0001 & B-2026-0003
-3-
Principal Planner
cc: Michelle Rea, Regional Works Department
Planning and Infrastructure Services
Committee of Adjustment
Consent
B2026-0002
6540 Liberty Street North, 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: March 26, 2026
File Number: B-2026-0002
Address: 6540 Liberty Street North, Bowmanville, ON
Report Subject: The purpose of the application is seeking consent for a 16.58 acres lot
addition from the property addressed as 6258 Liberty Street North
(retained lands) to the property addressed as 6540 Liberty Street North
(benefitting lands). As shown on the Draft R Plan, the lands shown as Part
2 are proposed to be transferred from Part 3 (6258 Liberty Street North)
and transferred to Part 1 (6540 Liberty Street North).
Recommendations:
1. That the Report for Consent Application B2026-0002 be received;
2.That all written comments and verbal submissions are considered in the deliberation of
this application;
3.That application B2026-0002, for a consent be tabled for a period of 90 days no later
then June 2026 to allow for further discussions between CLOCA, 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
B-2026-0002 Page 2
1.Application Details
1.1 Owner/Applicant: Alison Iantomasi
16.58 acres lot addition from the property addressed as
6258 Liberty Street North (retained lands) to the property
addressed as 6540 Liberty Street North (benefitting
lands). As shown on the Draft R P
Part 2 are proposed to be transferred from Part 3 (6258
Liberty Street North) and transferred to Part 1 (6540
Liberty Street North).
(6540 Liberty Street North): 2 acres
1.4 Area of Transferred Piece: 16.58 acres
1.5 Area of Retained Lands
(6258 Liberty Street North): 103.11 acres
1.6 Zoning of Benefitting Lands
(6540 Liberty Street North): “Agricultural (A)” within Zoning By-law 84-63
1.7 Zoning of Retained Lands
(6258 Liberty Street North):
“Agricultural (A)” and Environmental Protection within
Zoning By-law 84-63
1.8 Clarington Official Plan
Designation: Prime Agriculture and Environmental Protection
1.9 Regional Official Plan
Designation: Prime Agricultural Area and Major Open Space Area
1.10 Water: Individual Wells
1.11 Sewage: Individual Septic System
1.12 Storm Servicing: Ditches/Swales
Municipality of Clarington
Committee of Adjustment
B-2026-0002 Page 3
Figure 1 – Lands Subject to Consent Application
Municipality of Clarington
Committee of Adjustment
B-2026-0002 Page 4
2.Background
2.1 6540 Liberty Street North was severed from 6258 Liberty Street North on May
16, 1995, as per LD-1995-062.
2.2 The owner/applicant of 6540 Liberty Street North inquired generally about a lot
line adjustment in February 2025. Staff met with the applicant at the Planning
wicket at the Municipal Administrative Centre on August 15, 2025 to discuss
further details about the application. The applicant explained that the owners of
6258 Liberty Street North are her parents. The driveway for 6540 Liberty Street
North as well as an accessory structure used by the applicant/owner are on the
lands of 6258 Liberty Street North. The proposal would bring both the driveway
and accessory structure within the property lines of 6540 Liberty Street North.
Staff advised the applicant to speak with CLOCA given the floodlines and
CLOCA regulated area on both 6540 and 6258 Liberty Street North (See
Attachment 2).
2.3 On January 22, 2026, Planning Staff received a Consent Application from the
owner of 6540 Liberty Street North, Newcastle. The proposed is an application
seeking consent for a 16.58 acres lot addition from the property addressed as
6258 Liberty Street North (retained lands) to the property addressed as 6540
Liberty Street North (benefitting lands). (see Figure 1).
2.4 As shown on the Draft R Plan, the lands shown as Part 2 are proposed to be
transferred from Part 3 (6258 Liberty Street North) and transferred to Part 1
(6540 Liberty Street North). (see Figure 2).
2.5 On March 23, 2026, Staff received comments from the Central Lakes of Ontario
Conservation Authority (CLOCA) regarding concerns with the placement of the
new boundary lines interfering with natural features on the property. The
comment letter requests that the application be tabled to allow for discussion with
the applicant to revise the proposal (see Attachment 1).
Municipality of Clarington
Committee of Adjustment
B-2026-0002 Page 5
Figure 2 – Draft survey showing proposed consent application lot fabric
Municipality of Clarington
Committee of Adjustment
B-2026-0002 Page 6
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, a public notice was
mailed to each landowner within 60m of the subject lands.At the time of writing this
report, Staff received one comment in favour of the application from a neighboring
property for this proposed consent application.
3.2 ConclusionThe recommendation from Planning Staff is that application for a Consent
B2026-0002 be tabled for a period of 90 days no later then June 2026 to allow for
further discussions between CLOCA, the applicant and staff.
Submitted by:
Hebah Masood
Acting Secretary-Treasurer
Committee of Adjustment at the Municipality of Clarington
Concurrence:
This report has been reviewed by Sarah Gattie, MCIP, RPP, Principal Planner 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: CLOCA Comments
Interested Parties:
N/A
100 WHITING AVENUE OSHAWA ON L1H 3T3 | P. 905 579 0411 | F. 905 579 0994 | CLOCA.COM
Healthy watersheds for
today and tomorrow.
March 17, 2026
Planning and Infrastructure Services
Municipality of Clarington
40 Temperance Street,
Bowmanville, ON L1C 3A6
Re: Lot Line Adjustment Application B2026-0002
Address: 6540 Liberty Street North, Bowmanville
Applicant: Alison Lantomasi
CLOCA File No.: PLDG1060
Purpose of Application: The purpose of the application is seeking consent for a 16.58 acres lot addition from the property
addressed as 6258 Liberty Street North (retained lands) to the property addressed as 6540 Liberty Street North (benefitting
lands). As shown on the Draft R Plan, the lands shown as Part 2 are proposed to be transferred from Part 3 (6258 Liberty
Street North) and transferred to Part 1 (6540 Liberty Street North).
Thank you for circulating Central Lake Ontario Conservation Authority (CLOCA) on the above noted 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:
West and north portions of the subject property are located within the
Bowmanville Creek Watershed and the east portions are located within the Soper
Creek watershed. The subject site is partially within CLOCA’s regulation. The
CLOCA regulated items existing on the site are as below:
- Green line: CLOCA regulation limits,
- Red line: Regulatory floodplain associated with the Bowmanville Creek
Tributary,
- Black line: Bowmanville/Soper watershed boundary,
- Orange: Regulated MNRF wetland,
- Orange hatching: MNRF wetland area of influence (30 metre buffer).
Page | 2
Healthy watersheds for
today and tomorrow.
The entirety of the subject lands is located within the Greenbelt Protected
Countryside, with portions also lying within the Greenbelt Natural Heritage
System (NHS).
- Green: Greenbelt Protected Countryside boundary,
- Yellow: Greenbelt’s Natural Heritage system (NHS).
Proposed Lot Line Adjustment
The application proposes transferring the lands shown as Part 2 from
Part 3 (6258 Liberty Street North) and transferred to Part 1 (6540
Liberty Street North) to create a bigger lot. The number of lots
remains unchanged as a result of the transfer but the proposed lot
line encroaches into the wetland feature and its regulated buffer.
Analysis and Recommendation
In the review and comment on development proposals, including lot line adjustment, CLOCA staff seek to ensure
conformity with the policy directions of the Provincial Planning Statement (PPS) and the Clarington Official Plan. We
evaluate development proposals through provincially and municipally approved planning policy before any regulatory
requirements under the Conservation Authorities Act. Regarding the above proposal, we integrate policy requirements
related to wetlands as contained within Clarington OP as well as policies for implementing the Conservation Authorities Act
and Ontario Regulation 41/24 with respect to development within wetlands and interference with wetlands.
Under the Clarington OP, development within wetlands and their Vegetation Protection Zone (VPZ) is generally prohibited.
The VPZ, as defined by the OP, is a 30-metre buffer from the wetland edge.
From a regulatory perspective, CLOCA regulates 30 metres from wetland communities as well. The orange hatching on the
mapping above shows the 30m regulation from the provincially mapped wetland.
The proposed west lot line extends into the wetland feature, which is not supported by applicable policy.
Page | 3
Healthy watersheds for
today and tomorrow.
CLOCA staff do not object to the proposed lot line adjustment in principle. However, we require that the proposed lot line
be revised. Aligning the future west lot line with the outer limit of the wetland VPZ, which is around 7 metres east of the
existing rear lot line, will keep the future parcel rear limit fully outside the wetland feature and its VPZ.
Accordingly, it is CLOCA staff’s recommendation is that the application be TABLED until a revised Reference Plan is
submitted that clearly demonstrates compliance with applicable policy and regulatory requirements, as they relate to
natural hazard lands and required setbacks from wetlands.
Please note that any site alteration and construction of any kind within 30 metres of the wetland in absence of a CLOCA
permit is prohibited. For any future proposals involving vegetation removal, site alteration, or construction within the
regulated portion on retained lands, CLOCA permitting requirements need to be consulted.
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
Planning and Infrastructure Services
Committee of Adjustment
Consent
B-2026-0003
105 Queen Street, Bowmanville
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Date of Meeting: March 26, 2026
File Number: B-2026-0003
Cross Reference: B-2026-0001 / A-2025-0052
Address: 105 Queen Street, Bowmanville
Report Subject: Seeking consent to facilitate cross-access easements for people, vehicles,
and infrastructure for Part 2 over Part 1 shown on the Draft Reference
Plan.
Recommendations:
1. That the Report for Consent file B-2026-0003 be received.
2. That all written comments and verbal submissions are considered in the deliberation
of this application.
3. That application B-2026-0003 for consent be tabled for a period of up to two (2)
years and no later than March 2028 to allow the applicant to provide Staff with the
appropriate information to satisfy 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 Page 2
B-2026-0003
1. Application Details
1.1. Owner: CSH (Bowmanville) Inc
1.2. Applicant: Greg Gilbert c/o Fitzrovia Real Estate Inc.
1.3. Proposal: Seeking consent to facilitate cross-access easements for
people, vehicles, and infrastructure for Part 2 over Part 1
shown on the Draft Reference Plan.
Municipality of Clarington
Committee of Adjustment Page 3
B-2026-0003
Figure 1: Property Location Map
Municipality of Clarington
Committee of Adjustment Page 4
B-2026-0003
2. Background
2.1. On January 31, 2026, Planning Staff received a Consent Application (B-2026-
0003) from the applicant of 105 Queen Street seeking consent to facilitate cross-
access easements for people, vehicles, and infrastructure for Part 2 over Part 1
shown on the Draft Reference Plan. The purpose of the easements is to
facilitate cross-access between the Phase 1 (on Part 1 of the Draft Reference
Plan) and the proposed Phase 2 expansion (proposed on Part 2 of the Draft
Reference Plan) of Chartwell Bowmanville Creek that are required if the
severance application (B-2026-0001) is approved.
2.2. At the time of writing this report, Staff have received two additional Planning Act
applications for the subject lands to facilitate the proposed Phase 2 of Chartwell
Bowmanville Creek. Phase 2 of Chartwell Bowmanville Creek is a proposed
223-unit apartment geared towards Seniors, proposed on Part 2 of the Draft
Reference Plan. Phase 1 of Chartwell Bowmanville Creek, located on Part 1 of
the Draft Reference Plan, is a 143-unit Retirement Home that has been
operational since 2017.
2.3. On January 18, 2026, Planning Staff received a Consent Application (B-2026-
0001) seeking consent to create one new lot for ownership and financing
purposes to facilitate the development of the proposed Phase 2 of Chartwell
Bowmanville Creek.
2.4. On December 23, 2025, an application for Minor Variance was received (A-
2025-0052), requesting nine (9) variances in relation to setbacks, height,
landscaped open space, and parking. The nine (9) requested Minor Variances
were tabled at the February 26, 2026, meeting to allow for Staff to receive and
review required reports and studies including a Sunlight and Shadow Impact
Study, Environmental Site Assessment, Environmental Impact Study, and
updates to the Traffic Impact Study to determine the supportability of the
requested variances.
2.5. A third Consent Application for cross-access easements for access, people, and
infrastructure for Part 1 over Part 2 is forthcoming.
3. Public Notice and Submissions
3.1. Pursuant to the requirements of the Planning Act, the appropriate signage
notifying the application was installed on the subject lands.
3.2. Two (2) signs were installed; one sign was installed on Queen Street and one
sign was installed on Queen Avenue. In addition, the appropriate notice was
mailed to each landowner within 60 metres of the subject site.
Municipality of Clarington
Committee of Adjustment Page 5
B-2026-0003
3.3. At the time of writing this report, Staff did not receive any inquiries for this
application from members of the public.
4. Discussion
Required Applications, Reports and Studies
4.1. The requested cross-access easements for Part 2 over Part 1 are to address
access concerns to amenities, the Phase 1 building, parking, and infrastructure
that would result from an approval for land division (B-2026-0001). While
easements are typically outlined for a specific area on a lot, as Phase 1 and
Phase 2 of Chartwell Bowmanville Creek are going to function as one site, the
applicant has requested the easements for people, vehicles, and infrastructure
apply to the entirety of Part 2 over Part 1 to capture all current and potential
future scenarios where access may be needed. The applicant has intentions to
submit a second Consent Application for easements for Part 1 over Part 2 in
spring 2026.
4.2. At the February 26, 2026, Committee of Adjustment meeting, the nine requested
Minor Variances (A-2025-0052) were tabled to allow for Staff to receive and
review required reports and studies to determine the supportability of the
requested variances. The variances requested are to facilitate the proposed built
form for Phase 2 as well as address zoning deficiencies that would result from
the severance, as proposed (X-Reference B-2026-0001), for the existing Phase
1 development on the proposed retained lot.
4.3. To support the severance and Minor Variances requested for the proposed
setbacks, Staff require confirmation of the development limits through an
Environmental Impact Study (EIS) and confirmation that the lands are not
contaminated through an Environmental Site Assessment (ESA). At the time of
writing this report, Clarington Staff and CLOCA Staff have not agreed to the
Terms of Reference for the EIS submitted by the applicant, requiring revisions
prior to undertaking the study. The applicant has been informed that once the
Terms of Reference is agreed upon, dripline staking cannot occur until “leaf-on”
(i.e., approximately June 2026). Thus, the development limits and Minimum
Vegetation Protection Zone required in Table 3-1 of Clarington’s Official Plan are
not known at the time of writing this report.
Municipality of Clarington
Committee of Adjustment Page 6
B-2026-0003
4.4. On the Draft Reference Plan, Part 1 and Part 2 together encompass the area of
the subject lands zoned “(Holding) Urban Residential Exception [(H)R4-36]” and
“Urban Residential Exception (R4-35)”, save and except the exclusion of Part 3
on the Draft Reference Plan. There are no easements proposed on the lands
within the “Environmental Protection (EP)” Zone, which the zoning does not
permit any development. The (EP) zoning was done in concurrence with and in
conformity with the “Environmental Protection” land use designation in
Clarington’s Official Plan that was established based on the findings of a 2012
Environmental Impact Study (EIS). A new EIS is required to determine the
current development limits and confirm the natural features.
4.5. The findings of the EIS may change the development limits of the subject lands,
thus impacting the lot configuration of the proposed severance. As it is unknown
if any portion of lands identified as Part 2 or Part 1 on the Draft Reference Plan
will be determined to be an Environmental Protection Area as a result of the EIS
findings, Staff are of the opinion that the easements should be tabled to ensure
that the easements only apply to the portion of lands that allow for development.
The Conveyance of “Environmental Protection” Lands
4.6. Staff have indicated to the applicant that they will pursue the conveyance of the
Environmental Protection lands. The extent of the Environmental Protection
lands are to be confirmed through the Environmental Impact Study (EIS).
Section 23.10.1 of the Official Plan outlines that lands conveyed to the
Municipality, as part of a condition for development or redevelopment, shall be
free from all encumbrances and shall not be contaminated.
4.7. An encumbrance is a legal claim on a property, which an easement is an
encumbrance. As the extent of the lands designated Environmental Protection
has not yet been confirmed through the required EIS, it is unknown at the time of
writing this report if the requested easements, as proposed, are on the
“Environmental Protection” lands. Staff are of the opinion that the application for
easements should be tabled to address concerns regarding the potential for any
encumbrances on the lands pursued to be conveyed.
4.8. Section 23.10.1 of the Official Plan outlines that lands conveyed to the
Municipality shall not be contaminated. The applicant submitted a Phase One
Environmental Site Assessment on February 23, 2026 as part of the Minor
Variance and Consent Applications. Staff have reviewed the report and have
provided comments to the applicant, including that the ESA needs to be updated
in accordance with O.Reg 153/04, as amended. At the time of writing this report,
the submitted ESA does not provide the necessary information to confirm that
the subject lands, including the lands pursued to be conveyed, are not
contaminated.
Municipality of Clarington
Committee of Adjustment Page 7
B-2026-0003
Information Included on the Draft Reference Plan
4.9. The submitted Draft Reference Plan does not show the existing Phase 1 building
of Chartwell Bowmanville Creek. As the Draft Reference Plan should include
existing buildings and areas (e.g., parking lot) that the easements will be applied
to, a revised Draft Reference Plan is required to clearly indicate where the
easements will apply.
5. Conclusion
5.1. The recommendation from Planning Staff is that Consent Application B-2026-
0003 be tabled for a period of up to two (2) years and no later than March 2028.
Submitted by:
Ainsley Johnston
Acting Secretary-Treasurer
Committee of Adjustment at the Municipality of Clarington
Concurrence:
This report has been reviewed by Sarah Gattie, MCIP, RPP, Principal Planner, who
concurs with the recommendations.
Staff Contact: Ainsley Johnston, Planner I, (905) 623-3379 x2438 or
AJohnston@Clarington.net
Municipality of Clarington
Committee of Adjustment Page 8
B-2026-0003
Attachments:
Attachment 1: Draft Reference Plan
Attachment 2: Clarington Development Engineering Comments
Attachment 3: Clarington Emergency & Fire Services Comments
Attachment 4: Durham Region Community Growth & Economic Development and
Durham Region Works Department Comments
Interested Parties:
Shaun McGarry
Kevin Nesbitt
The following interested parties will be notified of Committee's decision:
Shaun McGarry
Kevin Nesbitt
1137 Centre Street Thornhill ON L4J 3M6 905.738.0053 F 905.738.9221 www.krcmar.ca
FIELD:
DWG NAME:
DRAWN:CHECKED:JOB NO:
WORK ORDER NO:PLOT INFO:
PLAN AVAILABLE AT www.ProtectYourBoundaries.ca
MUNICIPAL ADDRESS:
4253809:00 12/Jan/2026
SNR/RW/SMMS.D./J.M.S.M.
No. 105 QUEEN STREET, BOWMANVILLE
12-016RP04
12-016
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PRELIMINARY
PRELIMINARY
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 cross-access easements for people, vehicles, and infrastructure for
Part 2 over Part 1 as shown on the Draft Reference Plan.
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, Manager of Development Engineering,
Planning and Infrastructure Services
MM/AKA
To:
From:
Mina Mehran on behalf of Karen Richardson, Manager of
Development Engineering, Planning and Infrastructure Services
Date:
Subject: Land Division Application B2026-0003
File:
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
To: Planning and Infrastructure Services
From: Emergency and Fire Services - Fire Prevention
Date: Mar 04, 2026
Subject: EFS Review Complete
File: B-2026-0003
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
March 20, 2026
Jacob Circo, Senior Planner
Planning and Infrastructure Services
Municipality of Clarington
40 Temperance Street
Bowmanville, ON L1C 3A6
Re: Application for Consent B-2026-0001 & B-2026-0003
Durham Ref.: LD 033 &34/2026
Applicant: Greg Gilbert c/o Fitzrovia Real Estate Inc.
Location: 105 Queen St.
Municipality: Municipality of Clarington
Hearing Date: March 26, 2026
RECOMMENDATION:
That the application LD 033&34-2026 be approved.
1. That the applicant shall provide the Durham Region Community
Growth and Economic Development Department with the
$1,000.00 application review fee for each Consent application.
PURPOSE OF APPLICATION
The purpose of consent application LD 033/2026 is to facilitate the
creation of one new residential lot. As proposed, the retained lot will
have a lot area of 8,635.8 square metres and 78.12 metres of lot
frontage along Queen Street and lot frontage of 86.3 metres along
Queen Avenue. The severed lot, as proposed, will have a lot area of
8,485 square metres and lot frontage of approximately 23.27 metres
along Queen Avenue.
The purpose of consent application LD 034/2026 is to obtain
consent to facilitate cross-access easements for people, vehicles,
and infrastructure for Part 2 over Part 1 shown on the Draft
Reference Plan.
Phase 1 of the development, a 5-storey seniors’ residence, was
completed in 2017 and is fully operational. Phase 2 is proposed as a
10-storey seniors’ apartment building that integrates with the existing
residence and responds to the updated policy framework
established through the Bowmanville East Urban Centre Secondary
Plan approved by Council in early 2025
B-2026-0001 & B-2026-0003
-2-
REGIONAL DEPARTMENT COMMENTS
Development Advisory Services
As per the Durham Region 2026 Fees and Charges schedule for the
Community Growth and Economic Development Department, a
$1000.00 review fee is applicable per application to all Consent
applications. At this time, the Region has not received these review
fees.
Regional Works Department
The Regional Works Department has reviewed these applications,
and has no objections to the granting of approval for these consent
applications. Any requirements of the Regional Municipality of
Durham concerning the provision of Regional services, financial and
otherwise, shall be made through a future site plan application
CONCLUSION
The purpose of consent application LD 033/2026 is to facilitate the
creation of one new residential lot. As proposed, the retained lot will
have a lot area of 8,635.8 square metres and 78.12 metres of lot
frontage along Queen Street and lot frontage of 86.3 metres along
Queen Avenue. The severed lot, as proposed, will have a lot area of
8,485 square metres and lot frontage of approximately 23.27 metres
along Queen Avenue.
The purpose of consent application LD 034/2026 is to obtain
consent to facilitate cross-access easements for people, vehicles,
and infrastructure for Part 2 over Part 1 shown on the Draft
Reference Plan.
The Region has no objection to approval of these applications,
subject to fulfillment of the all of the above noted conditions of
approval.
Yours truly,
Michael Scott
Michael Scott,
B-2026-0001 & B-2026-0003
-3-
Principal Planner
cc: Michelle Rea, Regional Works Department
Planning and Infrastructure Services
Committee of Adjustment
Consent
Summary of Comments Submitted
B-2026-0004
115 Beaver Street North, Newcastle, ON
Municipal Departments / External Agencies Comment
Clarington Building Division No comments
Clarington Development Engineering Division No objection – See Attachment 1
Clarington Fire and Emergency Services Department No concerns – See Attachment 2
Durham Region – Works and Community Growth and
Economic Development
No objection – See Attachment 3
Clarington Community Planning No concerns – See Attachment 4
Hydro One No concerns – See Attachment 5
Municipality of Clarington
Committee of Adjustment Page 2
B-2026-0004
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Date of Meeting: March 26, 2026
File Number: B-2026-0004
Address: 115 Beaver Street, Newcastle, ON
Report Subject: The purpose of the application is seeking consent for a 665 square metre
lot addition from the property addressed as 12 Sylvia Court (retained
lands) to the property addressed as 115 Beaver Street (benefitting lands).
Recommendations:
1. That the Report for Consent file B2026-00004 be received.
2. That all written comments and verbal submissions are considered in the deliberation
of this application.
3. That application B2026-00004 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-2026-0004
1. Application Details
1.1 Owner: 2676582 Ontario Inc
1.2 Agent: Theresa Vanhaverbeke
1.3 Proposal: The purpose of the application is seeking consent for a 665
square metre lot addition from the property addressed as
12 Sylvia Court (retained lands) to the property addressed
as 115 Beaver Street North (benefitting lands).
Lands (115 Beaver
Street North): 955 square metres
Piece: 665 square metres
(12 Sylvia Court): 890 square metres
Lands (115 Beaver
Street North):
“Urban Residential Exception (R1-1)” within Zoning By-law
84-63
Lands (12 Sylvia Court): “Urban Type One (R1)” within Zoning By-law 84-63
Designation: Urban Residential
Designation: Community Area
Municipality of Clarington
Committee of Adjustment Page 4
B-2026-0004
Figure 1 – Lands Subject to Consent Application
Municipality of Clarington
Committee of Adjustment Page 5
B-2026-0004
2. Background
2.1 On February 9, 2026, Planning Staff received a Consent Application from the
agent of 115 Beaver Street North, Newcastle. The application proposes to seek
consent for a 665 square metre lot addition from the property addressed as 12
Sylvia Court (retained lands) to the property addressed as 115 Beaver Street
North (benefitting lands) (see Figure 1).
2.2 The proposed would adjust the rear yard lot lines of both 115 Beaver Street
North, and 12 Sylvia Court, transferring 665 square metres. (see Figure 2).
Figure 2 – Draft survey showing proposed consent application lot fabric
Municipality of Clarington
Committee of Adjustment Page 6
B-2026-0004
3. Land Characteristics and Surrounding Uses
3.1. The subject properties municipally known as 115 Beaver Street North and 12
Sylvia Court in Newcastle are located south of George Street East and north of
King Avenue East.
3.2 The properties share a rear yard lot line. 115 Beaver Street North forms a
rectangular shaped lot. 12 Sylvia Court is an irregularly shaped lot. 115 Beaver
Street North has an area of 955 square metres, a depth of 43.2 metres, and a
frontage of 22.1 metres along Beaver Street. Whereas, 12 Sylvia Court has an
area of 1,555 square metres, a depth of 68 metres, and a frontage of 5 metres
along Sylvia Court.
3.3 The areas immediately surrounding the properties are residential with single
detached dwellings. Additionally, there are commercial uses and Newcastle
Memorial Park located along King Avenue East.
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
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. For
the purposes of this review, it is Staff’s opinion that the proposed application is
consistent with the criteria (a) – (m) of Section 51(24) under the act.
Provincial Planning Statement (2024)
5.2 Section 2.2 Housing: Planning authorities shall provide for an appropriate range
and mix of housing options and densities to meet projected needs of current and
future residents of the regional market area by: permitting and facilitating all
housing options required to meet the social, health, economic and wellbeing
requirements of current and future residents, including additional needs housing
and needs arising from demographic changes
Municipality of Clarington
Committee of Adjustment Page 7
B-2026-0004
5.3 For the purposes of this review, it is the opinion of the Staff that the proposed
application is consistent with the criteria (a) – (m) of Section 51(24) under the
Planning Act, R.S.O. 1990, c. P.13, and Provincial Planning Statement (2024)
6. Durham Region Official Plan (“Envision Durham”)
6.1 The subject property is designated as “Community Area” within the Durham
Region Official Plan (Envision Durham). The “Community Area” designation is
generally intended for a range of housing and commercial uses. The existing use
of the site is urban residential and will not be impacted by the proposed lot line
adjustment.
6.2 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 “Urban Residential” within the Clarington
Official Plan. The land use designation is intended to provide residential uses.
The existing use of the site is urban residential and will not be impacted by the
proposed lot line adjustment.
7.2 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 is 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 is satisfied that this
application for consent does not result in
ribbon development.
Municipality of Clarington
Committee of Adjustment Page 8
B-2026-0004
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
The Region has no objections for the
approval of the consent application.
Planning Staff is satisfied that this
application meets the requirements of the
Region of Durham. Conditions from The
Region are included in Section 9 of this
report.
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
Planning Staff is satisfied that this
application for consent does not result in
the creation of a landlocked parcel of
land.
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
The application is consistent in keeping
with the character of the surrounding
neighbourhood. Planning Staff is satisfied
this application for consent (lot line
adjustment) conforms to the provisions of
the Official Plan and Zoning By-law 84-
63.
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
This application for consent is subject to
the fulfillment of Municipal conditions –
(See Section 9 of this report)
Municipality of Clarington
Committee of Adjustment Page 9
B-2026-0004
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
Not applicable.
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
Not applicable.
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
12 Sylvia Court is within registered
subdivision 10M-0812, which was
registered August 30, 1988. As per By-
Law 88-138, which was passed on
September 2, 1988, 12 Sylvia Court is
exempt from Part Lot Control.
Planning Staff is satisfied this application
for consent (lot line adjustment) is in
compliance with the subdivision
agreement registered on title for the
subject lands.
7.3 For the purposes of this review, it is Staff’s opinion that the proposal conforms to
the applicable policies under Section 23.7 a) – k).
7.4 It is Staff’s opinion that the consent application conforms to the Clarington Official
Plan.
Municipality of Clarington
Committee of Adjustment Page 10
B-2026-0004
8. Zoning By-law 84-63
8.1 The benefitting property (115 Beaver Street North) is zoned “Urban Residential
Exception (R1-1)” within Zoning By-Law 84-63. The retained property (12 Sylvia
Court) is zoned “Urban Residential Type One (R1)” within Zoning By-Law 84-63.
Should Committee approve the proposed, both properties would still conform to
the provisions or regulations within Zoning By-Law 84-63.
8.2 Therefore, it is Staff’s opinion that the proposed conforms to the Zoning By-Law.
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, applicant or
agent fulfilling the following conditions:
Requirements:
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 Services
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. 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.
Municipality of Clarington
Committee of Adjustment Page 11
B-2026-0004
Section 3: Regional Requirements
6. That the applicant satisfies all the requirements of the Regional Municipality of
Durham Works Department, financial and otherwise as detailed in the Regional
Planning and Economic Development letter dated March 23, 2026.
a. The applicant shall provide the Durham Region Community Growth and
Economic Development Department with the $1,000.00 application review
fee for each Consent application
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.
Prepared by:
Hebah Masood
Acting Secretary-Treasurer, Committee of Adjustment
Planning and Infrastructure Services
Municipality of Clarington
Concurrence:
This report has been reviewed by Sarah Gattie, MCIP, RPP, Principal Planner, who
concurs with the recommendations.
Staff Contact: Hebah Masood, Planner II, (905) 623-3379 x 2437 or
hmasood@clarington.net
Interested Parties:
N/A
Municipality of Clarington
Committee of Adjustment Page 12
B-2026-0004
Attachments:
Attachment 1 – Development Engineering Comments
Attachment 2 - Fire and Emergency Services Department Comments
Attachment 3 – Regional Comments
Attachment 4 – Community Planning Comments
Attachment 5 – Hydro One
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 for a 665 square metre lot addition from the property addressed as 12 Sylvia
Court (retained lands) to the property addressed as 115 Beaver Street (benefitting
lands).
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 Julia
Antonova, Planning and Infrastructure Services Department.
Mina Mehran, EIT, M. Eng. Transportation Engineer on behalf of Karen Richardson,
Manager of Development Engineering
MM/JA
To:
From: Mina Mehran on behalf of Karen Richardson, Manager of
Development Engineering
February 26,
Subject: :
File:
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
To: Planning and Infrastructure Services
From: Emergency and Fire Services - Fire Prevention
Date: Feb 24, 2026
Subject: EFS Review Complete
File: B-2026-0004
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
March 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-2026-0004
Durham Ref.: LD 24/2026
Applicant: Theresa Vanhaverbeke
Location: 115 Beaver St. N.
Municipality: Municipality of Clarington
Hearing Date: March 26, 2026
RECOMMENDATION:
That the application LD 024-2026 be approved.
1. That the applicant shall provide the Durham Region Community
Growth and Economic Development Department with the
$1,000.00 application review fee for each Consent application.
PURPOSE OF APPLICATION
The purpose of consent application is to seek consent for a 665
square metre lot addition from the property addressed as 12 Sylvia
Court (retained lands) to the property addressed as 115 Beaver
Street (benefitting lands) to the west.
REGIONAL DEPARTMENT COMMENTS
Development Advisory Services
As per the Durham Region 2026 Fees and Charges schedule for the
Community Growth and Economic Development Department, a
$1000.00 review fee is applicable per application to all Consent
applications. At this time, the Region has not received these review
fees.
Regional Works Department
The Regional Works Department has reviewed these applications,
B-2026-0004
-2-
and has no objections to the granting of approval for these consent
applications. Any requirements of the Regional Municipality of
Durham concerning the provision of Regional services, financial and
otherwise, shall be made through a future site plan application
CONCLUSION
The purpose of consent application is to seek consent for a 665
square metre lot addition from the property addressed as 12 Sylvia
Court (retained lands) to the property addressed as 115 Beaver
Street (benefitting lands) to the west.
The Region has no objection to approval of these applications,
subject to fulfillment of the all of the above noted conditions of
approval.
Yours truly,
Michael Scott
Michael Scott,
Principal Planner
MEMO
If this information is required in an alternate format, please contact the
Accessibility Coordinator at 905-623-3379 ext. 2131
Thank you for the opportunity to provide comments. Please find the following
comments for your consideration.
The applicant is seeking consent for a 665 square metre lot addition from the
property addressed as 12 Sylvia Court (retained lands) to the property
addressed as 115 Beaver Street (benefitting lands).
Community Planning notes to please review the policies in Section 23.7 of the
Clarington Official Plan regarding severances.
Sincerely,
David Perkins,
Principal Planner, Community Planning
cc: Lisa Backus, Manager of Community Planning
To: Hebah Masood, Planner I, Development Review Division
From: David Perkins, Principal Planner, Community Planning Division
Date: March 13, 2026
Subject: 115 Beaver Street North, Bowmanville
File: B2026-0004
From:LANDUSEPLANNING
To:Committee of Adjustment (SM)
Subject:Clarington - 115 Beaver Street North, Newcastle - B-2026-0004
Date:Monday, March 16, 2026 1:17:53 PM
EXTERNAL
Hello,
We are in receipt of your Application for Consent, B-2026-0004 dated 2026-02-25. We have reviewed the documents
concerning the noted Plan and have no comments or concerns at this time. Our preliminary review considers issues
affecting Hydro One’s 'High Voltage Facilities and Corridor Lands' only.
For proposals affecting 'Low Voltage Distribution Facilities’ the Owner/Applicant should consult their local area
Distribution Supplier. Where Hydro One is the local supplier the Owner/Applicant must contact the Hydro subdivision
group at subdivision@Hydroone.com or 1-866-272-3330.
To confirm if Hydro One is your local distributor please follow the following link: Stormcentre (hydroone.com)
Please select “Search” and locate the address in question by entering the address or by zooming in and out of the map.
If you have any further questions or inquiries, please contact Customer Service at 1-888-664-9376 or e-mail
CustomerCommunications@HydroOne.com to be connected to your Local Operations Centre
If you have any questions please feel free to contact Land Use Planning.
Thank you,
Land Use Planning Department
Hydro One Networks Inc.
Email: LandUsePlanning@HydroOne.com
Planning and Infrastructure Services
Committee of Adjustment
Minor Variance
Summary of Comments Submitted
A-2026-0004
8629 Dawson Road, Clarke, ON
Municipal Departments / External Agencies Comment
attachment 1
attachment 2
attachment 3
Municipality of Clarington
Committee of Adjustment
A-2026-0004 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: March 26, 2026
File Number: A-2026-0004
Address: 8629 Dawson Road, Clarke, ON
Report Subject: A minor variance application to facilitate the construction of a detached
accessory building by increasing the total maximum floor area from 120
square metres to 140 square metres and by increasing the maximum
permitted height from 5 metres to 5.13 metres.
Recommendations:
1. That the Report for Minor Variance Application A2026-0004 be received;
2. That all written comments and verbal submissions are considered in the deliberation of
this application;
3. That application A2026-0004 for a Minor Variance to Section 4.1.3 to facilitate the
construction of a detached accessory building by increasing the total maximum floor
area from 120 square metres to 140 square metres and by increasing the maximum
permitted height from 5 metres to 5.13 metres be approved, as it maintains the general
intent and purpose of the Clarington Official Plan and Zoning By-law 2005-109, is
desirable for the appropriate development or use of the land and is minor in nature.
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-2026-0004 Page 3
1. Application Details
1.1 Owner:
1.2 Applicant: Lonny Gibson on behalf of Hull Drafting &
Development
construction of a detached accessory building by
increasing the total maximum floor area from 120
square metres to 140 square metres and by increasing
the maximum permitted height from 5 metres to 5.13
metres.
Zone (NC) and Natural Linkage Zone (NL) within
Zoning By-Law 2005-109
Designation: and Natural Core Area
1.8 Water, Sewage and
Storm Servicing:
Private Servicing
Municipality of Clarington
Committee of Adjustment
A-2026-0004 Page 4
Figure 1: Property Location Map
Municipality of Clarington
Committee of Adjustment
A-2026-0004 Page 5
2. Background
2.1 On January 26, 2026, Planning Staff received an application for a Minor Variance from
the applicant of 8629 Dawson Road, Clarke.
2.2 The proposed minor variance seeks to facilitate the construction of a detached
accessory building by increasing the total maximum floor area from 120 square metres
to 140 square metres and by increasing the maximum permitted height from 5 metres to
5.13 metres (See Attachment 4).
3. Land Characteristics and Surrounding Uses
3.1 The subject property is located east of Highway 35/115 and north of Concession Road 8
(See Figure 1). The subject property has an approximate lot area of 76.63 Hectares.
3.2 The surrounding uses are as follows:
a. South – Agricultural Lands
b. North – Woodlands
c. East – Woodlands
d. West – Agricultural Lands
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 60m of the subject site.
4.2 At the time of writing this report, staff have not received any inquiries regarding this
proposal.
5. Discussion
Maintain the general intent and purpose of the Clarington Official Plan
5.1 Within the Clarington Official Plan, the subject property is designated “Environmental
Protection Areas”, "Natural Linkage Area", and "Natural Core Area". The proposed
detached accessory building will be situated within the “Natural Linkage Area”
designated area, which will have minimal impact on the natural environment and require
little to no alteration to the terrain and vegetation. For the proposed detached accessory
building, no tree removal and connection to private servicing is anticipated. As a result,
the garage is expected to have minimal impact on the lands designated as “Natural
Linkage Area.”
Municipality of Clarington
Committee of Adjustment
A-2026-0004 Page 6
5.2 It is Staff’s opinion that the proposal conforms to the intent and purpose of the
Clarington Official Plan.
Maintain the general intent and purpose the Zoning By-law 2005-109
5.3 Within Zoning By-law 2005-109, the subject property is zoned “Environmental Protection
(EP) Zone", "Natural Linkage (NL) Zone", and "Natural Core (NC) Zone".
5.4 Since the permission to construct a single detached dwelling existed on November 15,
2001, the proposed detached accessory building is permitted to be built on the property
and is subject to the Open Space zoning regulations in Section 4.1.3 of Zoning By-law
2005-109.
5.5 The intent of the Zoning By-law restricting height of accessory buildings is to ensure that
the building remains accessory to the principal residential dwelling it is also to prevent
the building’s mass from overwhelming the property on which it is located or on
neighbouring properties. The increase in building height from 5 metres to 5.13 metres
will not create privacy concerns and will not negatively impact the subject property or
neighbouring properties since the entire property is screened by mature trees and
vegetation and the proposed accessory building is well setback of approximately 40
metres from the road.
5.6 The second variance is to increase the maximum permitted total accessory floor area
from 120 square metres to 140 square metres. The intent of limiting the maximum total
accessory floor area for an accessory building is to ensure that there are no negative
or adverse impacts on adjacent properties and that the accessory building remains
secondary to the principal use of the lands. Given the size of the property being over 50
hectares, there will be no negative or adverse impacts on adjacent properties, and no
concerns are anticipated with the lot coverage, yard setbacks or landscaped open
space area.
5.7 For the above stated reasons, it is Staff’s opinion that the application is in conformity
with the intent and purpose of Zoning By-law 2005-109.
Desirable for the appropriate development or use of the land, building or structure
5.8 The proposed accessory building will allow the owner to store personal items and
automotives within a wholly enclosed structure, which will help the property maintain
good property standards. The proposal would not have a significant adverse impact on
the surrounding properties or the public realm as it would be located approximately 160
metres from the nearest neighbouring dwelling.
5.9 The proposed detached accessory building will be screened from view by existing
mature trees on the property. It will be located to the north of the principal dwelling, and
the development is expected to have minimal impact on the surrounding neighbouring
properties.
5.10 For the above stated reasons, it is Staff’s opinion that the minor variance requested is
desirable for the residential use of the land and building.
Municipality of Clarington
Committee of Adjustment
A-2026-0004 Page 7
Minor in Nature
5.11 The proposed accessory building will have no effect on neighbouring properties, as
there are no nearby residential dwellings in close proximity to the proposed accessory
building. The proposed accessory building will be screened with mature trees and
vegetation, which will provide ample amount of privacy. The proposed location is
preferable as it minimizes the impact of the structure’s size on adjacent properties and
the natural environment.
5.12 For the above stated reasons, it is staff’s opinion that the proposed increase of the
maximum permitted total floor area and maximum permitted height is minor in nature.
6. Conclusion
6.1 Given the above comments, staff recommend approval of the application for a Minor
Variance to Section 4.1.3 to facilitate the construction of a detached accessory building
by increasing the total maximum floor area from 120 square metres to 140 square
metres and by increasing the maximum permitted height from 5 metres to 5.13 metres
be approved, as it maintains the general intent and purpose of the Clarington Official
Plan and Zoning By-law 2005-109, is desirable for the appropriate development or use
of the land and is minor in nature.
Submitted by:
Akibul Hoque
Acting Secretary-Treasurer
Committee of Adjustment
Municipality of Clarington
Municipality of Clarington
Committee of Adjustment
A-2026-0004 Page 8
Concurrence:
This report has been reviewed by Sarah Gattie, MCIP, RPP, Principal Planner, who concurs
with the recommendations.
Staff Contact: Akibul Hoque, Planner I, (905) 623-3379 x2418 or ahoque@clarington.net.
Attachments:
Attachment 1: Building Division Comments
Attachment 2: Development Engineering Division Comments
Attachment 3: Fire and Emergency Services Department Comments
Attachment 4: Site Plan
Interested Parties:
The following interested parties will be notified of Committee's decision:
Raul Nobrega
Lonny Gibson
From: Brendan Grigg <BGrigg@clarington.net>
Sent: Thursday, March 19, 2026 11:28 AM
To: Akibul Hoque <AHoque@clarington.net>
Subject: Re: Minor Variance Comments Required, A2026-0004: 8629 Dawson Road, Clarke
Hello,
Buildings comments are that a building permit is required for the proposed building
Thanks,
Brendan Grigg, CBCO
Supervisor of Building/Deputy CBO
Planning and Infrastructure Services
Municipality of Clarington
40 Temperance Street, Bowmanville ON L1C 3A6
905-623-3379 ext. 2313 | 1-800-563-1195
www.clarington.net
From: Akibul Hoque <AHoque@clarington.net>
Sent: Monday, March 2, 2026 2:39 PM
To: Brendan Grigg <BGrigg@clarington.net>; Jeff Norris <JNorris@clarington.net>; Development
Engineering Division <Development@clarington.net>
Cc: Committee of Adjustment (SM) <CofA@clarington.net>; Sarah Gattie <SGattie@clarington.net>;
Elissa Kelloway <ekelloway@clarington.net>
Subject: Minor Variance Comments Required, A2026-0004: 8629 Dawson Road, Clarke
Hello,
A minor variance application (A-2026-0004) is being presented on March 26, 2026, to
the Committee of Adjustment. Documents regarding this application can be found at
this link: A2026-0004 (8629 Dawson Road, Clarke).
Further, attached is the circulation sheet. Your comments must be received no later
than March 18, 2026, or it will be assumed that your department or agency has no
comments on this application. Please send your comments to CofA@clarington.net.
Please let me know if you have any questions.
Best,
Akibul Hoque
Planner I, Development Review
Planning and Infrastructure Services Department
Municipality of Clarington
40 Temperance Street, Bowmanville ON L1C 3A6
905-623-3379 ext. 2418 | 1-800-563-1195
Clarington Website
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.
The applicant requires a Minor Variance to facilitate the construction of a detached
accessory building by increasing the total maximum floor area from 120 square
metres to 140 square metres and by increasing the maximum permitted height from
5 metres to 5.13 metres.
Development Engineering has reviewed the above-noted application. We have no
objection to this proposal.
At building permit stage, the following comments must be addressed:
• Access to the proposed garage must be provided from the existing driveway
from the Dawson Road and shown on the Site Plan.
• The proposed structure shall not affect adjacent property’s grading or drainage.
• Grading plan will be required as part of the building permit. Review Section 800
of the Municipality of Clarington Engineering Design Guidelines for a more
fulsome list of requirements for Grading Plan submissions.
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. on behalf of Karen Richardson, P.Eng.
Manager of Development Engineering,
Planning and Infrastructure Services
MM/AKA
To:
From: Mina Mehran on behalf of Karen Richardson, Manager of
Development Engineering
March 09, 2026
Minor Variance Application A2026-0004
Applicant: Lonny Gibson on behalf of Hull Drafting and Development.
Address: 8629 Dawson Road, Clarke
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
To: Planning and Infrastructure Services
From: Emergency and Fire Services - Fire Prevention
Date: Mar 03, 2026
Subject: EFS Review Complete
File: A-2026-0004
site plan
scale: 1/16" = 1'-0"
information from
as supplied by owner
8629 dawson rd.
exist 2
storey
dwelling
proposed
garage
30'-0" x
50'-0"
single
storey
garage
19.68 ft
(6.0 m)
55
.
0
f
t
(
1
6
.
7
6
m
)
exist
gravel
driveway
19.68 ft
(6.0 m)
HULL DRAFTING & DEVELOPMENT
Specializing in:
·Commercial, Industrial and Residential Drafting
·Official Plan Amendments
·Site Plan Agreements
·Rezoning
Phone: 905-728-4848 (office) 905-922-8885 (cell)
Email: 2hulldrafting@gmail.com
1/16" - 1'-0"
or as notedL.G.
drawn
date
scale
file no
dwg no
-preliminary drawings
january 2026
three of
three
detached garage at
8629 dawson road
orono