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HomeMy WebLinkAbout2026-02-26 Minutes and Decisions of the Committee of Adjustment Corporation of the Municipality of Clarington As per: The Planning Act, and in accordance with the Provincial Rules of Procedure Thursday, February 26, 2026 Time: 6:30pm Municipal Administrative Centre, Council Chambers 40 Temperance Street, Bowmanville Preliminary Note This Committee of Adjustment meeting took place in a ‘hybrid’ format. Members listed as being “electronically present,” as well as applicants and members of the public, participated though the teleconferencing platform Microsoft Teams, which allows participation through a computer’s video and audio, or by telephone. Present: Sarah Gattie Secretary-Treasurer Hebah Masood Acting Secretary-Treasurer Nicklaus Gibson Acting Secretary-Treasurer Ainsley Johnston Acting Secretary-Treasurer Todd Taylor Chair Wendy Partner Member Brad Whittle Member Absent with Regrets: Gord Wallace, Dave Eastman, Noel Gamble, Shelley Pohjola 1. Call to Order The Chair called the meeting to order at 6:30 p.m. 2. Land Acknowledgement Statement The Chair recited the Land Acknowledgement Statement. 3. Declaration of Interest for Consent Applications “None” Minutes – February 26, 2026 Page 2 Committee of Adjustment Meeting 4. Consent Applications: 4.1 File Number: B-2025-0026 Owner/Agent: Mitch Morawetz Staff: Nicklaus Gibson Address: 5800 Main Street, Orono ON Application: 1. The purpose of the application is to facilitate the creation of a new lot as Part 1 (Retained Lot) and Part 2 (Severed Lot) on the draft reference plan. Part 1 will have approximately 145.13 metres of lot frontage, with a depth of approximately 154.82 metres, and a lot area of approximately 26,061 square metres. Part 2 will have 44.87 metres of lot frontage, with a depth of approximately 73 metres, and a lot area of approximately 3275 square metres. 2. Public notification was conducted in accordance with the Planning Act which included signage being installed on the subject site and a mail out to all property owners within 60 metres of the subject site. 3. To provide clarification in the Staff Report, Section 2.6 in the background section should read as follows: “That the proposed leaching bed extends 14.5 metres to the west of the pool building, therefore the proposed westerly property line must be at least 17.5 metres west of the pool building to meet Ontario Building Code requirements. The applicant has revised the draft reference plan to position the westerly property line approximately 18 metres west of the pool building.” 4. Additionally, Staff have removed the condition from this application that requires the owner submits a Stage 1 and Stage 2 Archaeological Assessment. This condition will instead be required as a condition of consent for application B2024-0036. Staff recommend that application B-2025-0026 for consent be lifted from the table and approved subject to the conditions in the Staff Report. Discussion: Motion to lift application B-2025-0026 from the table as recommended by Wendy Partner, seconded by Brad Whittle. No members of the public spoke regarding this application. The applicant/agent, Mitch Morawetz, spoke and provided an overview of the consent application. Minutes – February 26, 2026 Page 3 Committee of Adjustment Meeting The applicant/agent discussed the site screening questionnaire condition and the need for an update. They stated that the qualified person who completed it believes it remains valid, but they can update it if the Committee requires, although there is nothing new to review. The applicant/agent requested slight wording changes to this condition, as well as to the conditions regarding the Reliance letter and certificate of insurance. The applicant/agent requested that, as part of this approval, Condition #12 be revised to allow a short deferral of the barn’s removal. They indicated the barn could potentially be relocated or salvaged; however, if removal is required immediately, demolition would be the only option, resulting in the loss of the structure. They asked staff to consider a minor modification to the condition’s wording. Furthermore, the applicant/agent stated that the parkland condition requires cash-in- lieu payment on the severed parcel. However, the severed parcel is the already developed portion containing the house, while the retained parcel is the undeveloped portion. Therefore, the applicant/agent requests that the condition be revised to require payment of cash-in-lieu of parkland for the retained parcel rather than the severed parcel. B. Whittle: Is revising the conditions something that we can work through after a motion or is this an item that needs to be tabled and you guys need to discuss? S. Gattie: As part of the Committee’s motion, you can make a motion for staff and the applicant to work with one another to revise the conditions based on the presentation here today from the applicant. Motion to approve B-2025-0026 as recommended by Brad Whittle, seconded by Wendy Partner. Time approved 6:50pm Full text of Decision: Seeking consent to facilitate the creation of a new lot as Part 1 (Retained Lot) and Part 2 (Severed Lot) on the draft reference plan. Part 1 will have approximate 145.13 metres of lot frontage, with a depth of approximately 154.82 metres, and a lot area of approximately 26,061 square metres. Part 2 will have 44.87 metres of lot frontage, with a depth of approximately 73 metres, and a lot area of approximately 3275 square metres. Application B-2025-0026 for consent be lifted from the table and approved subject to the conditions in the Staff Report. Conditions of Approval: Section 1: General 1. That the Owner satisfies all the requirements of the Municipality of Clarington’s Development Engineering Division, financial and otherwise as detailed in the Development Engineering letter dated January 14, 2026. Minutes – February 26, 2026 Page 4 Committee of Adjustment Meeting 2. That the Owner satisfies all the requirements of the Regional Municipality of Durham Health Department, financial and otherwise as detailed in the Regional Community Growth and Economic Development Department letter dated February 23, 2026. 3. That the Owner satisfies all the requirements of the Regional Municipality of Durham Works Department, financial and otherwise as detailed in the Regional Community Growth and Economic Development letter dated February 23, 2026. 4. That the Owner shall enter into a Consent Agreement with the Corporation of the Municipality of Clarington. 5. The Owner, applicant or agent must provide a revised draft Reference Plan reflecting a 3-metre setback from the rear property line to the leaching bed to the satisfaction of the Regional Health Department. 6. The Owner, applicant or agent must provide a draft Reference Plan with the application which will be reviewed by the Planning and Infrastructure Services 7. 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. 8. All taxes shall be paid in full to the Municipality of Clarington prior to the issuance of a clearance letter. 9. That the Owner, applicant, agent or qualified professional submit a certificate of insurance and reliance letter to the satisfaction of the Municipality of Clarington. 10. Once all other conditions have been satisfied, the Owner shall engage their solicitor to provide the Municipality with: a) The original executed transfer/deed a duplicate original and one (1) photocopy; b) One copy of the registered reference plan; c) An accompanying letter with a request that the severing transfer/deed be stamped. Section 2: Planning Requirements 1. The Owner shall pay the Municipality an amount in lieu of conveying land for park or other public recreational purposes under Section 53 (12.1) and (13) of the Planning Act, R.S.O, c.P.13. This payment is equivalent to 5% of the value of the retained parcel. To determine the value of the land, the applicant shall retain a certified Land Appraiser to prepare a land appraisal to the satisfaction of the Deputy CAO of Planning and Infrastructure Services. Minutes – February 26, 2026 Page 5 Committee of Adjustment Meeting 2. The Owner must comply with the warning clauses in the agreement registered on title on April 2, 2014. That the subject lands (Concession 5, Part Lot 29 Parts 1 & 2) maintain a minimum of 2.94 hectares until such a time as applications submitted under the Planning Act to sever or change the use of the property are submitted, and at such time the barn shall be removed. Additionally, should the barn be destroyed, no new structure of the same size and height will be approved without appropriate Planning Act application approvals and that the existing barn and accessory buildings cannot be used for agricultural or commercial purposes and must conform with the intent of the Official Plan and the zoning by-law. 3. Upon receiving approval of the updated site screening questionnaire, the Owner is required to submit a certificate of insurance and reliance letter to the satisfaction of the Municipality of Clarington. 4. To ensure that any new lot created through severance, whether retained or severed comply with all applicable provisions of Zoning By-law 84-63. Staff will review the registered reference plan once submitted to ensure compliance with all applicable zoning provisions. Advisory Notes 5. 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. 6. If the conditions to consent approval are not fulfilled within two (2) years from the date of the notice of decision and the applicant is still interested in pursuing the proposal, a new consent application will be required. The matter was then put to a vote and was carried out as follows, signed by all members present and concurring that this is the Committee Decision on B-2025-0026 On February 26, 2026. Committee Member Yes No Wendy Partner Dave Eastman Absent Noel Gamble Absent Shelley Pohjola Absent Minutes – February 26, 2026 Page 6 Committee of Adjustment Meeting Todd Taylor Gord Wallace Absent Brad Whittle “Carried” 5. Declaration of Interest for Minor Variance Applications 6. Minor Variance Applications 7.1 File: A-2025-0047 Owner/Agent: Andre Wiggers Construction Co. Limited Staff: Hebah Masood Address: 125 Port Darlington Road, Bowmanville ON Brad Whittle made a motion to lift A2025-0047 the application from the table. The motion was seconded by Wendy Partner. Brad Whittle, Wendy Partner, and Chair Todd Taylor all voted in favor of lifting the application from the table. Application: 1. The purpose of the minor variance application is to expand the uses within the site specific General Industrial Exception (M2-2) Zone to include the following: a. Contractor's or tradesman's workshop and yard; b. Equipment sales and rental, light; c. Equipment sales and rental, heavy; d. Outside storage of goods and materials where such use is accessory and incidental to a permitted use e. A farm implement and equipment sales and service establishment; f. A dry light industry with a wholly enclosed building or structure; g. A work shop within a wholly enclosed building or structure; h. An assembly, manufacturing, fabricating or processing plant within a wholly enclosed building or structure; Minutes – February 26, 2026 Page 7 Committee of Adjustment Meeting i. A motor vehicle repair garage within a wholly enclosed building or structure 2. Public notification was conducted in accordance with the Planning Act which included signage being installed on the subject site and a mail out to all property owners within 60 metres of the subject site. 3. Comments received on the application from external agencies or internal departments are appended to the report. 4. Staff have received one comment from the public in opposition to the minor variance application in January. The individual has provided further comments in opposition for this meeting, which are also appended to the report. The commenters main concerns are that the requested variances are not in alignment with the proposed waterfront strategy, would increase traffic of trucks and larger vehicles to the neighborhood and would negatively impact safety in the area. It was their opinion the permitted uses to general industrial uses would not be suitable for the area. 5. Staff recommends that application A2025-0047 for a Minor Variance to Section 24.4.2a of Zoning By-Law 84-63 be denied as it does not maintain the general intent and purpose of the Clarington Official Plan, and the Zoning By-law 84-63, is not desirable for the appropriate development or use of the land and is not minor in nature, nor does it meet Section 45(2) of the Planning Act. Discussion: No members of the public spoke regarding this application. The applicant’s agent, Michael Fry, the planning consultant from D.G. Biddle and Associates Limited, spoke and provided an overview of the application. He provided an explanation of Section 45(2) of the Planning Act and made a case for why the nine requested uses are similar to legal non-conforming uses on the property and therefore could be permitted through the Committee of Adjustment. Following the presentation, the Committee did not raise any questions or concerns. Motion to deny A-2025-0047 as recommended by Brad Whittle, seconded by Wendy Partner. Time approved 7:05PM. Minutes – February 26, 2026 Page 8 Committee of Adjustment Meeting Full text of Decision: 1. That application A-2025-0047, for a Minor Variance to Section 24.4.2a. to expand the uses within the site specific General Industrial Exception (M2-2) Zone to include the following: a. Contractor's or tradesman's workshop and yard; b. Equipment sales and rental, light; c. Equipment sales and rental, heavy; d. Outside storage of goods and materials where such use is accessory and incidental to a permitted use e. A farm implement and equipment sales and service establishment; f. A dry light industry within a wholly enclosed building or structure; g. A work shop within a wholly enclosed building or structure; h. An assembly, manufacturing, fabricating or processing plant within a wholly enclosed building or structure; i. A motor vehicle repair garage within a wholly enclosed building or structure. be denied as it does not maintain the general intent and purpose of the Clarington Official Plan, and the Zoning By-law 84-63, it is not desirable for the appropriate development or use of the land, and it is not minor in nature The matter was then put to a vote and was carried out as follows, signed by all members present and concurring that this is the Committee Decision on A-2025-0047 on February 26, 2026. Committee Member Yes No Wendy Partner Dave Eastman Absent Noel Gamble Absent Shelley Pohjola Absent Minutes – February 26, 2026 Page 9 Committee of Adjustment Meeting Todd Taylor Gord Wallace Absent Brad Whittle “Carried” 7.2 File: A-2025-0052 Owner/Agent: Greg Gilbert Staff: Ainsley Johnston Address: 105 Queen Street, Bowmanville ON Application: 1. The purpose of the application is to facilitate the construction of Phase 2 of Chartwell Bowmanville Creek, a 223-unit apartment geared towards seniors, by increasing the density (maximum) from 185 units/suites per net hectare to nil, by reducing the east lot line yard setback minimum from 29 metres to 3 metres, by reducing the south lot line yard setback minimum from 31 metres to 7.5 metres, by reducing the interior side yard setback minimum within the (R4-36) Zone from 7.5 metres to 0 metres, by reducing the interior side yard setback minimum within the (R4-35) Zone from 10 metres to 3 metres, by increasing the maximum building height from 9 storeys to 10 storeys, by reducing the total number of parking spaces required from 300 spaces to 135 spaces, by permitting outdoor amenity area within 0 metres of the east lot line whereas the by-law does not permit outdoor amenity area within 30 metres of the east lot line, and by reducing the landscaped open space minimum from 35% to 25%. 2. Public notification was conducted in accordance with the Planning Act which included signage being installed on the subject site and a mail out to all property owners within 60 metres of the subject site. 3. Two comments were received by members of the public. The nature of the first comment is that they support the development of Phase 2 of Chartwell Bowmanville Creek, however had questions regarding sloping and run off, as well as the routing of an existing watermain. The nature of the second comment was that they have questions and concerns regarding the proposed size of the development in relation to shadowing, sunlight, and traffic congestion. 4. Staff recommends that application A2025-0052, for a Minor Variance to Section 15.4.36.b.i, Section 15.4.36.b.ii.a, Section 15.4.36.b.ii.b, Section 15.2.c.ii, Section 15.4.35.b.ii.b, Section 15.4.36.b.iv, Section 3.16.e, Section 15.4.36.b.vii, and Section 15.2.f, be tabled for a period of up to two (2) years and no later than February 2028. Minutes – February 26, 2026 Page 10 Committee of Adjustment Meeting Discussion: No members of the public spoke regarding this application. The applicant, Greg Gilbert, spoke and provided an overview of the application and Fitzrovia, accompanied by a slide deck. G. Gilbert: At the onset of the project, Staff and the project team were under the assumption that the Secondary Plan was in full force and effect. Our understanding of the status of the Secondary Plan is that there is one single appeal that remains unresolved. We expect an order from the Ontario Land Tribunal (OLT) related to the direction of the appeal shortly. Based on a professional legal opinion, while the Secondary Plan is technically under appeal, our opinion is that the Committee does have the latitude to approve the requested variances in their current form as it can be argued that the general intent of the Official Plan is maintained. The applicant stated that they do not agree with tabling the application. G. Gilbert: The Staff Report notes items for additional information were suggested in order to make a decision on the variances, which our team does not agree with. An updated Phase 1 Environmental Site Assessment was provided on Monday, February 23, 2026 which confirms that no additional investigation is required as there is no contamination. An existing Record of Site Condition is on the property today and allows permission to build Phase 2 [of Chartwell Bowmanville Creek]. The development limits proposed implement the previously approved limits and buffers from 2014 and were supported by a 15-page memo from our Biologist and updated Environmental Impact Study. A previous Site Plan application was made in 2019 and CLOCA noted that an EIS was not required and that it respected the existing hazard limits. It is our opinion that a full leaf-on staking is not required for the Committee to decide on the applications as the land is manicured grass, the previous limits are respected, and the lands do not contain any major hazards, flora, or fauna. Our Biologist did a staking last year and that is included in the application. The applicant provided an overview of the Traffic Impact Study and requested variance for a parking reduction. G. Gilbert: In consideration of the varices in front of you today, it is worth considering that these variances would assist in progressing a complex priority project into detailed design. It facilitates aging in place and completes the senior’s campus through policy aligned intensification. Terms like “premature” and “additional information required” used in the [Staff] Report are misguided in their relation to this decision. We see the Municipality as partners, and we need a team effort to keep progress going. Should the Committee defer a decision today, it has the ability to jeopardize sensitive permitting and construction timelines and push construction into 2027. We appreciate Staff and Clarington’s efforts to date and look forward to bringing this great community to life. Minutes – February 26, 2026 Page 11 Committee of Adjustment Meeting Chair Todd asked the Committee if they have any questions for the applicant or for Staff. W. Partner: Why has it gone to the Ontario Land Tribunal? A. Johnston: I believe you are referring to the Secondary Plan that was appealed. This application is not before the OLT. The Secondary Plan was appealed in its entirety, but it is related to specific developments. Motion to Table A-2025-0052, as recommended, by Brad Whittle, seconded by Wendy Partner. Time tabled 7:20 P.M. Full text of Decision: That application A-2025-0052, for a Minor Variance to Section 15.4.36.b.i by increasing the density (maximum) from 185 units/suites per net hectare to nil, Section 15.4.36.b.ii.a by reducing the east lot line yard setback minimum from 29 metres to 3 metres, Section 15.4.36.b.ii.b by reducing the south lot line yard setback minimum from 31 metres to 7.5 metres, Section 15.2.c.ii by reducing the interior side yard setback minimum within the (R4- 36) Zone from 7.5 metres to 0 metres, Section 15.4.35.b.ii.b by reducing the interior side yard setback minimum within the (R4-35) Zone from 10 metres to 3 metres, Section 15.4.36.b.iv by increasing the maximum building height from 9 storeys to 10 storeys, Section 3.16.e by reducing the total number of parking spaces required from 300 spaces to 135 spaces, Section 15.4.36.b.vii by permitting outdoor amenity area within 0 metres of the east lot line whereas the by-law does not permit outdoor amenity area within 30 metres of the east lot line, and Section 15.2.f by reducing the landscaped open space minimum from 35% to 25% of Zoning By-law 84-63 to facilitate the construction of Phase 2 of Chartwell Bowmanville Creek, a 223-unit apartment geared towards seniors, be tabled for a period of up to two (2) years and no later than February 2028. The matter was then put to a vote and was carried out as follows, signed by all members present and concurring that this is the Committee Decision on A-2025-0052 on February 26, 2026. Committee Member Yes No Wendy Partner Dave Eastman Absent Noel Gamble Absent Minutes – February 26, 2026 Page 12 Committee of Adjustment Meeting Shelley Pohjola Absent Todd Taylor Gord Wallace Absent Brad Whittle “Carried” 8. New Business Chair Todd: We do have new business listed under “Agenda”. It is to do with Committee Attendance. S. Gattie: We want to request the Committee to be more diligent in filling out the attendance sheet for each month's meeting so that if we cannot meet quorum, we can cancel the meeting with enough time to let everybody know. W. Partner: I can get on the sheet and tick it off, but I cannot get it to go back, which is why I always have to send an email to Elissa. Chair Todd provided clarification that Elissa can fill out the sheet as long as Committee members let her know in advance. “Carried” 9. Adoption of Minutes of Previous Meeting, January 29, 2026 10. Chair Todd Taylor stated that Page 15 of the Minutes identified the motion recommended by Dave, Seconded by Shelley to Table, however Page 16 states “denial”. The motion should have the correction. 11. Chair Todd Taylor asked for a motion from the Committee. 12. Motion to adopt minutes from January 29, 2026, Committee of Adjustment Meeting with the clarifications [of the Table motion] was moved by Wendy Partner, seconded by Brad Whittle. 13. “That the minutes of the Committee of Adjustment, held on January 29, 2026, be approved.” Minutes – February 26, 2026 Page 13 Committee of Adjustment Meeting 14. Adjournment Last Date of Appeal for tonight’s consent application: March 29, 2026 Last Date of Appeal for tonight’s minor variance applications: March 18, 2026 Next Meeting: March 26, 2026 Chair Todd Taylor asked for a motion from the Committee. Motion to adjourn the meeting was moved by Brad Whittle, seconded by Wendy Partner. “That the February 26, 2026, Committee of Adjustment be adjourned. Time is 7:23 P.M.” “Carried”