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HomeMy WebLinkAbout2026-03-26 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, March 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 Ainsley Johnston Acting Secretary-Treasurer Akibul Hoque Acting 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. Minutes – March 26, 2026 Page 2 Committee of Adjustment Meeting 3. Declaration of Interest for Consent Applications Gord Wallace declared a conflict of interest on the following applications: • B-2024-0028 249 Liberty Street North, Bowmanville • B-2026-0002 6540 Liberty Street North, Bowmanvillle • B-2026-0004 115 Beaver Street North, Newcastle 4. Consent Applications: 4.1 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 Application: 1. 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. 2. Public notification was conducted in accordance with the Planning Act which included signage being installed on the subject site and a mail out to all property owners within 60 metres of the subject site. 3. No comments were received in opposition to the application from the public. 4. Please note that Regional comments were received after the staff report was written. The Regional comments have been circulated to the Committee and include additional conditions. 5. As such, staff will be adding a condition that all conditions from the Regional comment letter dated March 25, 2026 are fulfilled and that a clearance letter from the Region shall be provided to staff prior to final approval. 6. Staff recommends that the application be approved, subject to the conditions above as well as those noted in the staff report. Discussion: Dave Eastman motioned to lift this application from the table. The motion was seconded by Brad with all others in agreement (aside from Gord Wallace). Minutes – March 26, 2026 Page 3 Committee of Adjustment Meeting The Committee voted to table the application due to the applicant’s absence from the meeting. Motion to table B-2024-0028 as recommended by Dave Eastman, seconded by Brad Whittle. Time approved 7:26 PM. Full text of Decision: 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. That application B2024-0028 for consent be tabled for a period of up to 60 days. 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 March 26, 2026. Committee Member Yes No Wendy Partner Dave Eastman Noel Gamble Shelley Pohjola Todd Taylor Gord Wallace Conflict Brad Whittle “Carried” Minutes – March 26, 2026 Page 4 Committee of Adjustment Meeting 4.2 File Number: B-2025-0031 Owner/Agent: Perry Jackman / Jennifer Beatty Staff: Hebah Masood Address: 55 Nelson Street, Bowmanville Application: 1. 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. 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. One comment was received in opposition to the application from the public. The nature of the concerns was a change in the character of the neighborhood and impact to property values, as there are currently no other semi-detached dwellings in the neighborhood. As noted in the staff report, semi-detached dwellings are permitted as- of-right within the Urban Residential Type One Zone. This consent application is only seeking to divide the properties so that each semi-detached dwelling may be owned separately. 4. Staff recommends that the application be approved, subject to the conditions noted in the staff report. Discussion: No members of the public spoke regarding this application. The owner Perry Jackman, spoke and provided an overview of the application. He clarified that building permits have already been applied for and the foundation has been poured. The owner/agent states that they have read and agreed to the conditions of the Staff’s recommendation. Brad Whittle asked for clarification on the permitted uses of the property and why they are coming to the committee at this stage. Hebah Masood clarified the two semi-detached dwellings are permitted on the property as-of-right within the zone. The consent is just to divide the property so that each semi-detached dwelling can be owned and sold separately. Noel Gamble asked staff to confirm that two semi-detached dwellings are permitted within the zone as-of right. Minutes – March 26, 2026 Page 5 Committee of Adjustment Meeting Sarah Gattie confirmed that is correct. Gord Wallace asked for confirmation that 13.98 is the accurate frontage as the survey is hard to read. Hebah Masood confirmed that is correct. Motion to approve B-2025-0031 as recommended by Noel Gamble, seconded by Dave Eastman. Time approved 7:23PM Full text of Decision: The purpose of this application is to facilitate a semidetached 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. Conditions of Approval: Section 1: General 1. That the applicant satisfies all the requirements of the Municipality of Clarington’s Development Engineering Division, financial and otherwise as detailed in the Development Engineering letter dated 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. Minutes – March 26, 2026 Page 6 Committee of Adjustment Meeting 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. 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. 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-2025-0031 on March 26, 2026. Minutes – March 26, 2026 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” 4.3 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 Application: 1. The purpose of the application is 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. 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 from members of the public. The nature of the comment was that clarification was required regarding the number of new lots and size of the proposed development, as well as the correlation between the different applications. 4. Staff recommend that application B-2026-0001 for consent be tabled for a period of up to two (2) years and no later than March 2028. Minutes – March 26, 2026 Page 8 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. The applicant states that they have read and concur with Staff’s recommendation. Following the presentation, the Committee did not raise any questions or concerns. Motion to table B-2026-0001 as recommended by Dave Eastman, seconded by Shelley Pohjola. Time tabled 7:07 P.M. Full text of Decision: 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. 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-2026-0001 on March 26, 2026. Committee Member Yes No Wendy Partner Dave Eastman Noel Gamble Shelley Pohjola Todd Taylor Gord Wallace Brad Whittle “Carried” Minutes – March 26, 2026 Page 9 Committee of Adjustment Meeting 4.4 File Number: B-2026-0002 Owner/Agent: Alison Iantomasi Staff: Hebah Masood Address: 6540 Liberty Street N, Bowmanville Application: 1. 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). 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 by the public will be considered when the application is eventually lifted from the table and presented again to the Committee of Adjustment. 4. As requested by CLOCA, staff recommends that the application be tabled for a period of 90 days to allow for further discussions between the Central Lakes of Ontario Conservation Authority (CLOCA), the applicant and staff. Discussion: No members of the public spoke regarding this application. The agent to both properties and owner of 6540 Liberty Street North, Alison Iantomasi, spoke and provided an overview of the application. She noted the application does not impact minimum lot size for agricultural land nor fragment agricultural land. She also mentioned that the lot line adjustment would not affect operation of the farm which will continue to operate on the retained lands (6258 Liberty Street North). The benefitting lands (6540 Liberty Street North) will operate as a small scale agricultural and residential use i.e. a hobby farm. There are plans to build a garage on benefitting lands. Noel Gamble asked for clarification on why CLOCA has requested the tabling. Hebah Masood clarified that there is a natural feature within the CLOCA regulated area where the proposed new rear yard lot line is for 6540 Liberty Street North. CLOCA would like to meet with staff and the applicant to revise the proposed lot line. Motion to table B-2026-0002 for a period of up to 90 days as recommended by Noel Gamble, seconded by Dave Eastman. Time approved 6:57PM. Minutes – March 26, 2026 Page 10 Committee of Adjustment Meeting Full text of Decision: 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). 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. 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-2026-0002 on March 26, 2026. Committee Member Yes No Wendy Partner Dave Eastman Noel Gamble Shelley Pohjola Todd Taylor Gord Wallace Conflict Brad Whittle “Carried” 4.5 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 Application: 1. The purpose of the application is seeking consent to facilitate cross-access easements for people, vehicles, and infrastructure for Part 2 over Part 1 shown on the Draft Reference Plan. Minutes – March 26, 2026 Page 11 Committee of Adjustment Meeting 2. Public notification was conducted in accordance with the Planning Act which included signage being installed on the subject site and a mail out to all property owners within 60 metres of the subject site. 3. One comment was received from a member of the public. The nature of the comment was that clarification was required regarding the size and location of the proposed development and what the easements are for. 4. Staff recommend that application B-2026-0003 for consent be tabled for a period of up to two (2) years and no later than March 2028. Discussion: No members of the public spoke regarding this application. The applicant, Greg Gilbert states that they have read and agreed to Staff’s recommendation. G. Gilbert: This is a very complex file with numerous applications. We are looking to bring back the Minor Variances and the two Consent applications to the May meeting. G. Wallace: asked Staff if the easement is over Part 2 on the Draft Reference Plan as it seems like a rather large area. A. Johnston: The applicant is looking to do a blanket easement. Because of the complexity of the file and the fact that the purpose of the severance would be for ownership and financing purposes, the site would function as one. There is going to be a proposed connection between the two buildings, shared parking areas, shared amenity spaces, etc. Rather than having just specific section [on the Draft Reference Plan] show the easements, having the easements blanketed for Part 2 over Part 1 allows for the movement of people, including pedestrians, residents, and staff, as well as vehicles and utilities without ever having to come back for specific easements. G. Wallace: Okay, thank you. I just had trouble with the language of Part 2 over Part 1. That is fine now. Motion to table B-2026-0003 as recommended by Dave Eastman, seconded by Shelley Pohjola. Time tabled 7:13 P.M. Full text of Decision: 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. Minutes – March 26, 2026 Page 12 Committee of Adjustment Meeting The matter was then put to a vote and was carried out as follows, signed by all members present and concurring that this is the Committee Decision on B-2026-0003 on March 26, 2026. Committee Member Yes No Wendy Partner Dave Eastman Noel Gamble Shelley Pohjola Todd Taylor Gord Wallace Brad Whittle “Carried” 4.6 File Number: B-2026-0004 Owner/Agent: 2676582 Ontario Inc / Theresa Vanhaverbeke Staff: Hebah Masood Address: 115 Beaver Street, Newcastle Application: 1. 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). 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. Three inquiries were made asking for clarification on the proposal. No comments were received in opposition to the application from the public. 4. Staff recommends that the application be approved, subject to the conditions noted in the staff report. Minutes – March 26, 2026 Page 13 Committee of Adjustment Meeting Discussion: No members of the public spoke regarding this application. The agent, Theresa Vanhaverbeke, spoke and provided an overview of the application. The owner/agent states that they have read and agreed to the conditions of the Staff’s recommendation. Following the presentation, the Committee did not raise any questions or concerns. Motion to approve B-2026-0004 as recommended by Brad Whittle, seconded by Wendy Partner. Time approved 7:01PM. Full text of Decision: That application B-2026-0004 for consent be approved subject to the conditions herein. Conditions of Approval: Section 1: General 1. The owner, applicant or agent must provide a draft Reference Plan with the application which will be reviewed by the Planning and Infrastructure 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. Minutes – March 26, 2026 Page 14 Committee of Adjustment Meeting 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. 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-2026-0004 on March 26, 2026. Committee Member Yes No Wendy Partner Dave Eastman Noel Gamble Shelley Pohjola Todd Taylor Gord Wallace Conflict Brad Whittle “Carried” Minutes – March 26, 2026 Page 15 Committee of Adjustment Meeting 5. Declaration of Interest for Minor Variance Applications 6. Minor Variance Applications 7.1 File: A-2026-0004 Owner/Agent: Raul Nobrega / Lonny Gibson on behalf of Hull Drafting & Development Staff: Akibul Hoque Address: 8629 Dawson Road, Clarke Application: 1. The purpose of the variance is 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. 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 Staff report. 4. Staff recommend that application A2026-0004 for a Minor Variance to Section 4.1.3 of Zoning By-law 2005-109 be approved. Discussion: No members of the public spoke regarding this application. The Committee voted to table the application due to the applicant’s absence from the meeting. Motion to table A-2026-0004 as recommended by Brad Whittle, seconded by Gord Wallace. Time tabled 7:31pm. Full text of Decision: 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 tabled for a period up to 90 days no later than June 2026. Minutes – March 26, 2026 Page 17 Committee of Adjustment Meeting The matter was then put to a vote and was carried out as follows, signed by all members present and concurring that this is the Committee Decision on A-2026-0004 on March 26, 2026. 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, February 26, 2026 Chair Todd Taylor asked for a motion from the Committee. Motion to adopt minutes from February 26, 2026, Committee of Adjustment Meeting was moved by Brad Whittle, seconded by Wendy Partner. Time approved 7:33pm. “That the minutes of the Committee of Adjustment, held on February 26, 2026, be approved.” “Carried” 9. Other Business Dave Eastman asked Staff to look into why they have not received payment for Q4 of 2025 – Sarah confirmed will look into this and update the Committee with an email before Aprils meeting. 10. Adjournment Last Date of Appeal for tonight’s consent application: April 13, 2026. Minutes – March 26, 2026 Page 17 Committee of Adjustment Meeting Last Date of Appeal for tonight’s minor variance applications: April 15, 2026. Next Meeting: April 23, 2026 Chair Todd Taylor asked for a motion from the Committee. Motion to adjourn the meeting was moved by Noel Gamble, seconded by Dave Eastman. “That the March 26, 2026, Committee of Adjustment be adjourned. Time is 7:34 pm” “Carried”