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HomeMy WebLinkAbout2026-04-23Clarbgton 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, April 23, 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 Shrija Vora Hebah Masood Todd Taylor Wendy Partner Dave Eastman Noel Gamble Gord Wallace Shelley Pohjola Absent with Regrets: Brad Whittle 1. Call to Order Secretary -Treasurer Acting Secretary -Treasurer Acting Secretary -Treasurer Chair Member Member Member Member Member 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 Gord Wallace declared conflict of interest on B2025-0030 and B2025-001 1. Minutes — April 23, 2026 Committee of Adjustment Meeting Page 2 4. Consent Applications: 4.1 File Number: B-2025-0011 Owner/Agent: Jan Choi and Ryan Farrow / Lynda Farrow Staff: Hebah Masood Address: 18 Rose Ores., Bowmanville The motion to lift the application from the table was made by Noel Gamble and seconded by Wendy Partner. Application: The application is seeking consent to facilitate the creation of a new 2,448.5 square metre rural residential lot with a lot frontage of 48.02 metres (Part 2 on the draft reference plan) while retaining a 2,447.3 square metre rural residential lot with a lot frontage of 59.88 metres (Part 1 on the draft reference plan). The proposed severed parcel will support the creation of a single detached dwelling while the retained parcel will keep the existing single detached dwelling and existing accessory buildings. The application is also in conjunction with minor variance applications A2025-0010 and A2025-001 1. 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. Applications B2025-001 1, A2025-001 0 and A2025-001 1 were tabled in April 2025 for a period of one year to allow Durham Region Health to conduct a peer review of the Hydrogeological Study. As of April 2026 the peer review is still underway. As such, staff recommend this application be tabled for a period of up to one year and no later than April 2027 to allow for the peer review of the Hydrogeological Study to be completed. Discussion: No members of the public spoke regarding this application. The owner, Jan Choi, spoke and provided an overview of the application. She then briefly provided an overview of the work done to date and noted that the Hydrogeological Study peer review is still underway. D. Eastman: would like to confirm the staff report will be revised to show Newtonville rather than Bowmanville. Minutes — April 23, 2026 Committee of Adjustment Meeting Page 3 Hebah Masood confirmed the staff report will be revised. Motion to table B-2025-001 1 as recommended for a period of up to one year and no later than April 2027 by Dave Eastman, seconded by Wendy Partner. Time approved 6:42pm. Full text of Decision: Application B2025-011 is seeking consent to facilitate the creation of a new 2,448.5 square metre rural residential lot with a lot frontage of 48.02 metres (Part 2 on the draft reference plan) while retaining a 2,447.3 square metre rural residential lot with a lot frontage of 59.88 metres (Part 1 on the draft reference plan). The proposed severed parcel will support the creation of a single detached dwelling while the retained parcel will keep the existing single detached dwelling and existing accessory buildings. Applications B2025-001 1, A2025-001 0 and A2025-001 1 were tabled in April 2025 for a period of one year to allow for the peer review of a Hydrogeological Study, which is still underway. As such, staff are recommending this application be re -tabled for a period of up to one year and no later then April 2027. 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-2025-0011 on April 23, 2026. Committee Member Yes No Wendy Partner (� L Dave Eastman Noel Gamble Shelley Pohjola 2..u,. PJwt- Todd Taylor Gord Wallace Conflict Brad Whittle Absent "Carried" Minutes — April 23, 2026 Page 4 Committee of Adjustment Meeting 4.2 File Number: B-2025-0030 Owner/Agent: Monica Hoy Staff: Hebah Masood Address: 62 Concession Street West, Bowmanville The motion to lift the application from the table was made by Dave Eastman and seconded by Noel Gamble. Application: 1. The application is seeking consent to facilitate the creation of a new residential lot as proposed as Part 1 (Severed Lot) on the Draft Reference Plan. Part 1 will have a lot frontage of 15.5 metres, with an approximate depth of 30.82 metres, and a lot area of approximate 0.045 hectares. Part 2 (Retained Lot) will have a lot frontage of 55.12 metres on Concession Street West, 51.57 metres of frontage on High Street, with an approximate depth of 67.07 metres, and a lot area of approximately 0.324 hectares. 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. 2. Staff received two inquiries regarding this proposal in advance of the January 2026 Committee of Adjustment meeting. i. The first inquiry was asking for more information and to be added to the interested parties list. ii. The second inquiry was concerning the proximity of the coach house to the property line, which has since been addressed in the most recent staff report. iii. Staff have not received any additional inquiries in advance of this April Committee of Adjustment meeting. 3. Staff received an additional comment letter from the Region on April 23, 2026, after the staff report had been written. The comment letter indicated no comments, concerns or additional conditions. 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. Minutes — April 23, 2026 Committee of Adjustment Meeting Page 5 The agent, Bob Martindale from Martindale Planning Services Inc, spoke and provided an overview of the application. The agent indicated concerns with the condition regarding designating the coach house under the Ontario Heritage Act. The agent requested the application be tabled until August 2026 in order for the applicant to discuss the property and having it designated further with Staff and the Clarington Heritage Committee. N. Gamble: asked staff to clarify whether the principal dwelling is designated or just on the register. H. Masood: Confirmed it is not designated and only on the register. N. Gamble: asked staff why there is a request to designate the coach house. S. Gattie: clarified this request came from the Community Planning —Heritage comments and the Heritage Committee and they would like to work with the owner to see if the coach house can be designated as well as the house. N. Gamble: followed up to ask why this condition was being brought forward as part of a land division application. S. Gattie: clarified that there is a Provincial Bill that prevent designation when there are active Planning Act applications. The Heritage Committee has asked that the owner work with them to designate the property either before or after the severance takes place. N. Gamble: asked staff if it is reasonable to hold up this application as the designation can be a timely process. W. Partner: also asked whether it is the owner that requested the application be tabled? B. Martindale confirmed. S. Gattie: clarified that it could be before or after the severance but they are hoping to work with the owner to determine the potential for designation. B. Martindale clarified that designating the house was expected but they did not expect the request to also designate the coach house. W. Partner: asked whether there were any plans to demolish the coach house. B. Martindale indicated this is not something they can comment on at this time as there are no confirmed plans. D. Eastman: clarified with the agent that there will be time in the coming months for the owner to have further discussions with the Heritage Committee. Minutes — April 23, 2026 Committee of Adjustment Meeting Page 6 S. Pohjola: asked staff whether this property is part of a Heritage Conservation District. S. Gattie: Staff cannot confirm that at this time but can follow up via. Email to the Committee. N. Gamble: commented that this was not within a Heritage Conservation District. The Committee and staff discussed the appropriate time frame for tabling given that the Heritage Committee takes a summer recess. S. Gattie: confirmed that the motion could be for up to a year and staff and the applicant can agree on any time within that year once discussions with the Heritage Committee have taken place. Motion to table B-2025-0030 at the request of the applicant for a period of up to one year and no later than April 2027 by Noel Gamble, seconded by Dave Eastman. Time approved 6:58pm. Full text of Decision: That application B2025-0030 which seeks consent to facilitate the creation of a new residential lot be tabled at the request of the applicant for a period of up to one year and no later than April 2027 to allow for further discussions between the applicant, Staff and the Heritage Committee. 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-2025-0030 on April 23, 2026. Committee Member Yes No Wendy Partner Dave Eastman Noel GambleC•����,.� Shelley Pohjola SL.u„ P4 Todd Taylor Gord Wallace Conflict Brad Whittle Absent "Carried" Minutes — April 23, 2026 Committee of Adjustment Meeting Page 7 5. Declaration of Interest for Minor Variance Applications No declarations of interest. 6. Minor Variance Applications 6.1 File: A-2025-0010 and A-2025-0011 Owner/Agent: Jan Choi Staff: Hebah Masood Address: 18 Rose Ores., Bowmanville The motion to lift the application from the table was made by Dave Eastman and seconded by Wendy Partner. Application: The purpose of the minor variance application is to reduce the minimum lot area from 4000 square meters to 2448.5 square meters on the severed lot and to reduce minimum lot area from 4000 square meters to 2447.3 square meters on the retained lot in the associated consent application (B2025-0011). 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 any members of the public. 4. Applications B2025-001 1, A2025-001 0 and A2025-001 1 were tabled in April 2025 for a period of one year to allow for Durham Region Health to conduct a peer review of a Hydrogeological Study, which is still underway. As such, staff recommend this application be tabled again for a period of up to one year As such, staff recommend this application be tabled for a period of up to one year and no later than April 2027 to allow for the peer review of the Hydrogeological Study to be completed. Discussion: No members of the public spoke regarding this application. The owner, Jan Choi, spoke and provided an overview of the application. She then briefly provided an overview of the work done to date and noted that the Hydrogeological Study peer review is still underway. Minutes — April 23, 2026 Committee of Adjustment Meeting Page 8 Following the presentation, the Committee did not raise any questions or concerns. Motion to table A-2025-001 0 and A-2025-001 1 as recommended by Noel Gamble, seconded by Shelley Pohjola. Time approved 7:06pm. Full text of Decision: A minor variance application to reduce the minimum lot area from 4000 square meters to 2448.5 square meters on the severed lot and to reduce minimum lot area from 4000 square meters to 2447.3 square meters on the retained lot in the associated consent application (B2025-001 1). B2025-001 1, A2025-001 0 and A2025-0011 were tabled in April 2025 for a period of one year to allow for the peer review of a Hydrogeological Study, which is still underway. As such, staff will be recommending this application be tabled again for a period of up to one year. 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-2025-0010 and A-2025- 0011 on April 23, 2026. Committee Member Yes No Wendy Partner Dave Eastman Noel Gamble Shelley Pohjola SLu. f11 - Todd Taylor Gord Wallace Brad Whittle Absent "Carried" 6.2 File: A-2025-0049 Owner/Agent: Monica Hoy / Bob Martindale, Martindale Planning Services Staff: Hebah Masood Address: 62 Concession Street West, Bowmanville The motion to lift the application from the table was made by Wendy Partner and seconded by Gord Wallace. Minutes — April 23, 2026 Committee of Adjustment Meeting Page 9 Application: 1. The purpose of the minor variance application is to to facilitate severance application B-2025-0030. The application proposes to: a. legalize the reduced interior yard setback on the severed piece from the coach house to the northerly property line to 0.5 metres. b. reduce the rear yard setback on retained piece from 7.5 metres to 3.5 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. No comments were received in opposition to the application from external agencies or internal departments. 4. Staff received two inquiries regarding this proposal in advance of the January 2026 Committee of Adjustment meeting. The first inquiry was asking for more information and to be added to the interested parties list. iv. The second inquiry was concerning the proximity of the coach house to the property line, which has since been addressed in the most recent staff report. v. Staff have not received any additional inquiries in advance of this April Committee of Adjustment meeting. 5. Staff received an additional comment letter from the Region on April 23, 2026, after the staff report had been written. The comment letter indicated no comments, concerns or additional conditions. 6. Staff recommends that application A2025-0049 for a Minor Variance to Section 12.1 be approved, subject to the conditions within the staff report, as it maintains the general intent and purpose of the Clarington Official Plan, and the Zoning By-law 84- 63, is desirable for the appropriate development or use of the land, and is minor in nature. Discussion: No members of the public spoke regarding this application. The agent, Bob Martindale from Martindale Planning Services Inc, spoke and provided an overview of the application. The agent indicated concerns with the condition regarding designating the coach house under the Ontario Heritage Act. The agent requested the application be tabled until August 2026 in order for the applicant to discuss the property and having it designated further with Staff and the Clarington Heritage Committee. Minutes — April 23, 2026 Committee of Adjustment Meeting Page 10 H. Masood: confirms that it does. B. Martindale is requesting the application be tabled for the same period as the related consent application. Following the presentation, the Committee did not raise any questions or concerns. Motion to table A-2025-0049 as requested by the applicant for a period of up to one year and no later than April 2027 to allow for discussions with the applicant, Staff and the Heritage Committee by Dave Eastman, seconded by Wendy Partner. Time approved 7:14pm Full text of Decision: That application A2025-0049, for a Minor Variance to Section 12.1 to a) legalize the reduced interior yard setback on the severed piece from the coach house to the northerly property line to 0.5 metres. b) reduce the rear yard setback on retained piece from 7.5 metres to 3.5 metres be tabled, as requested by the applicant for a period of up to one year and no later than April 2027 to allow for discussions with the applicant, Staff and the Heritage Committee. 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-2025-0049 on April 23, 2026. Committee Member Yes No Wendy Partner Dave Eastman Noel Gamble Shelley Pohjola SLR,, P.jr4- Todd Taylor Gord Wallace Brad Whittle Absent "Carried" Minutes — April 23, 2026 Page 11 Committee of Adjustment Meeting 6.3 File: A-2026-0007 Owner/Agent: Christopher Niles / Nadeem Ismaili c/o., Nadsol Canada Inc. Staff: Shrija Vora Address: 1688 Taunton Road, Mitchell Corners Application: The purpose of the application is to facilitate the construction of a detached accessory structure in the rear yard by increasing the maximum total accessory structure floor area from 90 square meter to 173 square meter and increasing the maximum height of accessory structure from 4.5 meter to 5.5 meter. 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. At the time of finalizing the staff report, Region of Durham Health Department Comments were outstanding. We have received comments from them today, that is April 23, 2026, which have indicated that they have no concerns with the proposed detached accessory structure. 4. No comments were received in opposition to the application from members of the public. 5. Staff recommends that application A2026-0007, for a Minor Variance to Section 3.1.c of Zoning By-law 84-63, be approved subject to the removal of the existing Shipping/cargo container on the property. Discussion: No members of the public spoke regarding this application. The Owner, Christopher Niles, 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 A-2026-0007 as recommended by Noel Gamble, seconded by Gord Wallace Time approved 7:24 pm. Full text of Decision: That application A-2026-0007, for a Minor Variance to Sections 3.1.(c) increasing the maximum total accessory structure floor area from 90 square meter to 173 square meter, increasing the maximum height of accessory structure from 4.5 meter to 5.5 meter be approved subject to the removal of the existing Shipping/cargo container on the property, as it maintains the general intent and purpose of the Clarington Official Plan, maintains the general intent and purpose of Zoning By-law 84-63, is desirable for the appropriate development or use of the land, and is minor in nature. Minutes — April 23, 2026 Committee of Adjustment Meeting Page 12 The matter was then put to a vote and was carried present and concurring that this is the Committee 2026. out as follows, signed by all members Decision on A-2025-0007 on April 23, Committee Member Yes No Wendy Partner Dave Eastman Noel Gamble Shelley Pohjola �kz P• 4 Todd Taylor Gord Wallace Brad Whittle Absent "Carried" 6.4 File: A-2026-0009 Owner/Agent: Richard Bouma Staff: Shrija Vora Address: 7902 Leskard Road, Leskard Application: 1. The purpose of the application is to facilitate the construction of a detached accessory structure by increasing the maximum total accessory structure height from 4.5 meter to 5.5 meter, reducing the minimum required front yard setback from 6.0 metres to 5.0 metres and decreasing the required floodline setback from 3 meter to 0 meter. 2. Members of the Committee will note that a memorandum was circulated to address an omission in the original Staff Report. While preparing the report, the requested reduction to the front yard setback from 6.0 metres to 5.0 metres was inadvertently not listed in the variance summary. However, the public notice signage installed on the subject lands did include this requested relief. Accordingly, proper notice was provided in accordance with the Planning Act, and staff are requesting that the Committee consider the revised variance as part of this application. 3. Public notification was conducted in accordance with the Planning Act which included signage being installed on the subject site and a mail out to all property owners within 60 metres of the subject site. Minutes — April 23, 2026 Committee of Adjustment Meeting Page 13 4. No comments were received in opposition to the application from members of the public. 5. Staff are of the opinion that the requested variances are minor in nature, maintain the general intent and purpose of the Zoning By-law and the Official Plan, and are desirable for the appropriate development of the land. 6. Therefore, staff recommend that Minor Variance Application A2026-0009 be approved subject to the issuance of a revised permit from the Ganaraska Region Conservation Authority reflecting the amended setback. Discussion: No members of the public spoke regarding this application. The applicant/agent, Richard Bouma, 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 raised following questions: W. Partner: asked whether the property is currently vacant. R. Bouma: The owner confirmed that the property is currently vacant and he will be applying building permits for a proposed single detached dwelling and detached accessory structure at the same time. W Partner: asked how we can approve a minor variance for a detached accessory structure when the site is currently vacant. S. Vora and S. Gattie: Staff confirmed that a building permit for the detached accessory structure will not be approved until a building permit for the single detached dwelling is approved or applied for simultaneously. Motion to approve A-2026-0009 as recommended by Gord Wallace, seconded by Wendy Partner. Time approved 7:37 pm. Full text of Decision: That application A-2026-0009, for a Minor Variance to Sections 3.1.(c) and Section 3.22.(a), by increasing the maximum total accessory structure height from 4.5 meter to 5.5 meter, reducing the minimum required front yard setback for the detached accessory structure from 6.0 metres to 5.0 and decreasing the required floodline setback from 3 meter to 0 meters. be approved as it maintains the general intent and purpose of the Clarington Official Plan, maintains the general intent and purpose of Zoning By-law 84-63, is desirable for the appropriate development or use of the land, and is minor in nature. The matter was then put to a vote and was carried out as follows, signed by all members present and concurring that this is the Committee Decision on A-2025-0009 on April 23, 2026. Minutes — April 23, 2026 Committee of Adjustment Meeting Page 14 Committee Member Yes No Wendy Partner Dave Eastman Noel Gamble Shelley Pohjola 52..z f'4 Todd Taylor Gord Wallace /'� Brad Whittle Absent "Carried" 8. Adoption of Minutes of Previous Meeting, March 26, 2026 Chair Todd Taylor asked for a motion from the Committee. Motion to adopt minutes from March 26, 2026, Committee of Adjustment Meeting was moved by Noel Gamble, seconded by Wendy Partner. "That the minutes of the Committee of Adjustment, held on March 26, 2026, be approved." "Carried" 9. Other Business "None" 10. Adjournment Last Date of Appeal for tonight's consent application: May 20, 2026 Last Date of Appeal for tonight's minor variance applications: May 19, 2026 Next Meeting: May 28, 2026 Chair Todd Taylor asked for a motion from the Committee. Motion to adjourn the meeting was moved by Wendy Partner, seconded by Dave Eastman. "That the April 23, 2026, Committee of Adjustment be adjourned. Time is 7:44pm" "Carried"