HomeMy WebLinkAbout2026-06-25
Committee of Adjustment Meeting
Teams Video Meeting & Teleconference
Thursday, June 25, 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: B2024-0028
Owner/Agent: 7575025 Canada Incorporated / Nick Lafrance, Lavez Design Staff: Hebah Masood
Address: 249 Liberty Street N, Bowmanville
File Number: B-2026-0010
Owner/Agent: Steven Anderson Staff: Hebah Masood
Address: Located on Brown Street in Bowmanville (PLAN GRANT BLK Z PT LOTS 5; AND 6 RP 40R32780 PART 2) – property south of 6 Brown
5. 5 Minute Recess
6. Declaration of Interest
7. Minor Variance Applications to be heard:
File Number: A-2026-0020
Owner/Agent: Steven Anderson Staff: Hebah Masood Address: Located on Brown Street in Bowmanville (PLAN GRANT BLK Z PT LOTS 5; AND 6 RP
40R32780 PART 2) – property south of 6 Brown
File Number: A-2026-0021
Owner/Agent: Dave and Sandra Brittain Staff: Ainsley Johnston
Address: 4578 Fices Road, Darlington
8. New Business
Swearing in Andrew Payne
Reminder: July Meeting Location has been moved
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 - See Attachment 12
Clarington Development Engineering Division No concerns, subject to fulfillment of conditions – See Attachment 1
Clarington Community Planning Comments No concerns - See Attachment 2
Clarington Fire and Emergency Services Department No concerns – See Attachment 3
Clarington Public Works No concerns – See Attachment 11
Durham Region – Works and Community Growth and
Economic Development
No concerns, subject to fulfillment
of conditions – See Attachment 9
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: June 25, 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 Agent: Nick Lafrance, Lavez Design
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 of
Durham (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 Staff, 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 five 5 metre road widening along
Liberty Street North that significantly reduces the lot area of both the severed and retained portion. This would have further implications for the proposal as the
setbacks and lot coverage would have been reduced far too significantly to comply. In early January 2023, the agent contacted the Municipality with a solution in the form of a revised proposal for a semi-detached dwelling and one Additional Dwelling Unit (ADU’s) in each rear yard.
2.5 On January 30, 2023, the Planning & Infrastructure Services Department
received minor variance application A2023-0005, that sought to facilitate the
construction of a semi-detached dwelling. The variance would decrease 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. The variance would also increase the front porch and porch steps projection from 1.50 metres to 3.15
metres, leaving a 1.35 metre 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 confirming that
their comments have been addressed.
Municipality of Clarington Committee of Adjustment Page 7
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).
Figure 2 – Draft survey showing proposed consent application lot fabric
2.11 This application was heard and recommended for approval at the March 25, 2026
Committee of Adjustment hearing. However, the application was tabled due to the applicant being absent.
Municipality of Clarington Committee of Adjustment Page 7
B-2024-0028
2.12 On May 5, 2026 the applicant’s agent reached out to staff to request the application be lifted from the table. The agent has submitted a recirculation fee
for the application in addition to the owner’s authorization and commissioning
forms. The application was re-circulated to internal and external agencies.
2.13 Please note there was an error in the draft survey provided in advance of the March 26, 2026 Committee of Adjustment meeting. The error showed a further reduced front yard setback, which would have required an additional minor
variance application. The draft survey has been revised as shown above, and the
1.8 metre front yard setback to the road widening can be maintained.
3. Land Characteristics and Surrounding Uses3.1 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 60 metres of the subject lands. As
this application was tabled in March, a new sign and new notices were provided in advance of the June 25, 2026 Committee of Adjustment hearing.
4.2 At the time of writing this report, Staff 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.
Municipality of Clarington Committee of Adjustment Page 8
B-2024-0028
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 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.
Municipality of Clarington Committee of Adjustment Page 9
B-2024-0028
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 to the approval of the consent application,
subject to the conditions in Section 9 of this report. Planning Staff are 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 are 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.
Planning Staff are satisfied 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 are 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 are 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 semi-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 It is Staff’s opinion that the consent application conforms to the intent and
purpose of Zoning By-Law 84-63.
9. Recommendation
9.1 Should the Committee deem it appropriate to approve the application, Staff
would request that the approval be conditional upon the owner, applicant or agent fulfilling the following conditions:
Municipality of Clarington Committee of Adjustment Page 13
B-2024-0028
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 to 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, applicant, or agent must provide a draft reference plan with the application to 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.
4. The owner must enter into a consent agreement with the Municipality of
Clarington.
5. 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.
6. All taxes shall be paid in full to the Municipality of Clarington prior to the issuance of a clearance letter.
7. 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
8. Agent/Owner is required to submit a copy of the registered transfer deed.
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.
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.
Section 3: Regional Requirements
12. That the applicant satisfies all the requirements of the Region of Durham, financial and otherwise as detailed in the Region of Durham letter dated March
25, 2026.
a. 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.
b. That the applicant satisfies all the requirements of the Regional
Municipality of Durham concerning the provision of Regional services, financial and otherwise.
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
Municipality of Clarington Committee of Adjustment Page 14
B-2024-0028
Concurrence:
This report has been reviewed by Andrew Payne, 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
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
Attachment 9 – Regional Comments
Attachment 10 – B2024-0028 March Meeting Minutes
Attachment 11 – Public Works Comments
Attachment 12 – Building Division Comments
MEMO
The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6
1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net Page | 1
If this information is required in an alternate format, please contact the
Accessibility Coordinator at 905-623-3379 ext. 2131.
Consent to facilitate a 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 metres 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”
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 25, 2026
Jacob Circo, Senior Planner Planning and Infrastructure Services
Municipality of Clarington
40 Temperance Street Bowmanville, ON L1C 3A6
Re: Application for Consent B-2024-0028
Durham Ref.: LD 25/2026 Applicant: Colin Quinlan Location: 249 Liberty St. N. Municipality: Municipality of Clarington
Hearing Date: March 26, 2026
RECOMMENDATION: That the application LD 025-2026 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.
2. That the applicant satisfies all the requirements of the Regional Municipality of Durham concerning the provision of Regional
services, financial and otherwise.
PURPOSE OF APPLICATION 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. The applicant originally applied for a severance for two single detached dwellings on the subject lands. On October 3rd, 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 asset backs 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
B-2024-0028
contacted the Municipality with a revised proposal to allow for semi-
detached dwellings and two Additional Dwelling Units (ADU’s) in
the rear yard. 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. The application is for the consent to sever a residential parcel of land,
retaining a residential parcel of land with an existing dwelling to be demolished. According to our water billing records, 249 Liberty Street North was connected to the Regional water and sanitary sewer supply. Regional staff will need to install a new water and sanitary service for the severed lot.
The Region will require the applicant to convey a 5.0m road widening across the frontage of Liberty Street (Regional Road 14) frontage to achieve a 30.0m right of way as per the Regional Official Plan. Exact dimensions are to be determined by an Ontario Land
Surveyor. The conveyance will be at no cost to the Region.
In order to satisfy the Regional Works Department conditions, the applicant will be required to fulfill the following:
The Regional Works Department will require the applicant to convey
a 5.0 metre road widening across the frontage of Liberty Street North (Regional Road 14) at no cost to the Region. The applicant shall submit a copy of the draft reference plan illustrating the road widening conveyance to our department for review and approval prior
to registration of the reference plan.
The severed land will be subject to Regional development charges at the time of building permit issuance.
B-2024-0028
The Region of Durham will not permit the connection of weeping tiles
to the sanitary sewer for the severed and retained lands in
accordance with the Region’s Foundation Drain Policy. CONCLUSION
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. The applicant originally applied for a severance for two single
detached dwellings on the subject lands. On October 3rd, 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 asset backs 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. 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
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”
From:Brett Novak
To:Committee of Adjustment (SM)
Subject:RE: Comment Reminder RE: Committee of Adjustment: B2024-0028 (249 Liberty St N) - June 25, 2026 Meeting
Date:June 9, 2026 10:46:46 AM
Attachments:image001.png
Hi Elissa,
No comments.
Thanks,
Brett Novak, C.Tech.
Manager of Roads
Public Works
Municipality of Clarington
40 Temperance Street, Bowmanville ON L1C 3A6905-623-3379 ext. 2909 | 1-800-563-1195
www.clarington.net
From:Brendan Grigg
To:Committee of Adjustment (SM)
Subject:Re: Committee of Adjustment: B2024-0028 (249 Liberty St N) - June 25, 2026 Meeting
Date:June 15, 2026 2:55:27 PM
Attachments:image001.png
Building has no comments.
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
Planning and Infrastructure Services Committee of Adjustment
Consent
Summary of Comments Submitted
B-2026-0010 Located on Brown Street in Bowmanville (PLAN GRANT BLK Z PT LOTS 5; AND 6 RP 40R32780 PART 2) – property south of 6 Brown
Clarington Building Division No concerns – See Attachment 3
Clarington Development Engineering Division No concerns, subject to fulfillment
of conditions – See Attachment 1
Clarington Fire and Emergency Services Department No fire safety concerns – See
Attachment 2
Durham Region – Works and Community Growth and
Economic Development
Outstanding
Elexicon No concerns – See Attachment 7
Hydro One No concerns – See Attachment 4
Rogers No concerns – See Attachment 8
Page 2
Municipality of Clarington Committee of Adjustment B-2026-0010
If this information is required in an alternate accessible format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131.
Date of Meeting: June 25, 2026
File Number: B-2026-0010
Address: Located on Brown Street in Bowmanville (PLAN GRANT BLK Z PT LOTS 5; AND 6 RP 40R32780 PART 2) – property south of 6 Brown
Report Subject: The purpose of this application is to facilitate a semi-detached dwelling by
seeking consent to sever Part 1 from Part 2 on the draft reference plan. Part 1 will have approximately 7 metres of lot frontage, with a lot area of
approximately 192 square metres. Part 2 will have approximately 7 metres of lot frontage, with a lot area of approximately 192 square metres. There is an associated minor variance application A2026-0020 to reduce lot size,
lot frontage and soft landscaping in the front yard.
Recommendations:
1.That the Report for Consent file B2026-0010 be received.
2.That all written comments and verbal submissions are considered in the deliberation
of this application.
3.That application B2026-0010 for consent be approved subject to the conditionsherein.
4.That all interested parties listed in this report be forwarded a copy of theCommittee’s decision.
Municipality of Clarington Committee of Adjustment Page 3
B-2026-0010
1.Application Details
1.1 Owner: Steven Anderson
1.2 Agent: Steven Anderson
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
approximately 7 metres of lot frontage, with a lot area of approximately 192 square metres. Part 2 will have approximately 7 metres of lot frontage, with a lot area of
approximately 192 square metres. There is an associated minor variance application A2026-0020 to reduce lot size,
frontage and landscaped open space.
Neighborhood Character Overlay of Zoning By-Law 84-63
Plan Designation: Community Area
Designation: Urban Residential
Designation: Low-Density Residential Land Use and Residential
Neighbourhoods Character Area Designations within
Bowmanville East Urban Centre Secondary Plan
Municipal
Municipality of Clarington Committee of Adjustment Page 4
B-2026-0010
Figure 1
Municipality of Clarington Committee of Adjustment Page 5
B-2026-0010
2.Background
2.1 The subject property (PLAN GRANT BLK Z PT LOTS 5; AND 6 RP 40R32780
PART 2) does not have an address at this time and will be referred to as the subject property throughout this report.
2.2 Consent application B2024-0001 was approved at the February 2024 Committee
of Adjustment meeting (See Attachment 5) The consent application was to sever the subject property from 6 Brown Street creating two lots intended for a single
detached dwelling and an Additional Dwelling Unit (ADU) on each lot. The associated Minor Variance application A2023-0035 was approved at the April
2024 Committee of Adjustment meeting (See Attachment 6). The application proposed to:
a)reduce the minimum interior side yard setback from 1.8 metres to 1.6 metres;
b)increase the maximum permitted height from 8.5 metres to 11.8 metres;
c)reduce the rear yard setback from 7.5 metres to 6.56 metres; and
d)permit the proposed entrance for the additional dwelling unit to be located atthe front of the detached dwellings, whereas the required location of theentrance for the additional dwelling unit is at the rear or side of a singledetached dwelling.
2.3 In April 2026, the applicants contacted the Municipality with a revised proposal to
sever both 6 Brown Street and the subject property to create two semi-detached dwellings for a total of four lots.
2.4 The applicants submitted this consent application and the associated minor variance application on May 15, 2026. This application is only addressing the subject property shown in Figure 1 above. The draft reference plan below
(Figure 2) shows the proposed plan for 6 Brown Street to sever Part 3 from Part 4.However, that is not part of this application and will be addressed separatelythrough a subsequent consent application.
2.5 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 below
(Figure 2). Part 1 will have approximately 7 metres of lot frontage, with a lot area of approximately 192 square metres. Part 2 will have approximately 7 metres of lot frontage, with a lot area of approximately 192 square metres. At the time of writing this staff report, Regional comments were not received. If comments are received prior to the Committee of Adjustment meeting on June 25, they will be
shared with the Committee and the applicant and appended to the staff report.
Municipality of Clarington Committee of Adjustment Page 6
B-2026-0010
2.6 The approval of associated minor variance application A2026-0020 is a condition of approval for this consent application as noted in Section 9 of this report. The
minor variance application proposes to:
a) reduce the minimum lot area from 550 square meters to 383 square meters,
b) reduce the minimum lot frontage from 18 metres to 14 metres, and
c)reduce the minimum landscaped open space in the front yard (softlandscaping) from 50 percent to 32 percent
Figure 2
Municipality of Clarington Committee of Adjustment Page 7
B-2026-0010
3.Land Characteristics and Surrounding Uses
3.1 The subject property is located in Bowmanville directly adjacent to the south of 6
Brown Street. It is on the west side of Brown Street, south of Wellington Street and north of Church Street.
3.2 The property forms a rectangular shaped lot that has an area of 383.672 square metres, a depth of 27.33 metres, and a frontage of 14.04 metres along Brown
Street. The area surrounding the property is mainly residential consisting of single detached and semi-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 60 metres of the subject lands.
4.2 At the time of writing this report, Staff 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 purpose 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
Planning Act, R.S.O. 1990, c. P.13, and Provincial Planning Statement (2024)
Municipality of Clarington Committee of Adjustment Page 8
B-2026-0010
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 shallbe prohibited
Planning Staff are satisfied that this
application will not result in scattered residential development.
b)Ribbon development along arterialroads shall be prohibited and direct
access from arterial roads shall
generally be restricted
Planning Staff are satisfied that this application for consent will not result in
ribbon development.
Page 9 Municipality of Clarington Committee of Adjustment B-2026-0010
c)Severances shall meet the
requirements of the Region ofDurham (The Region) and
applicable provincial agencies,regarding the provision of sewage
disposal and water services, and
may include entering into anagreement with the Region.
At the time of writing the staff report,
Regional comments are outstanding. Planning Staff are satisfied that this
application meets the requirements of the Region.
d)Severances shall only be given
when land fronts on an open andmaintained public road.
Notwithstanding, a landlockedparcel related to a land assembly
for future development in
conformity to this Plan may becreated
Planning Staff are satisfied that this
application for consent will not result in the creation of a landlocked parcel of
land.
e)The size of any parcel of land
created by severance should beappropriate for the use proposed in
keeping with the character of thesurrounding neighbourhood and noparcel should be created which
does not conform to the provisionsof this Plan and the implementing
Zoning By-law
The application is consistent and in
keeping with the character of the surrounding neighbourhood.
Minor Variance application A2023-0035 was approved in January 2024 to bring the proposal at the time into conformity
with Zoning By-Law 84-63.
The proposal has since been changed to
a semi-detached dwelling on the subject property. The approval of the associated minor variance application A2026-0020 is
a condition of approval for this consent application as noted in Section 9 of this
report.
Planning Staff are satisfied that this application for consent conforms to the provisions of Zoning By-law 84-63, subject to the approval of A2026-0020.
Page 10 Municipality of Clarington Committee of Adjustment B-2026-0010
f)Severances shall not be granted
for land adjacent to a road fromwhich access is to be obtained if a
traffic hazard would be createdbecause of limited sight lines on
curves or grades
Planning Staff are satisfied a traffic
hazard will not be created.
g)Severances to be granted shall beconditional upon the applicant
meeting all requirements of the
Municipality, financial andotherwise, and may include an
agreement being entered into withthe 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 consideredthe maximum number of new lots
that may be created by severancesfrom a parcel of land
Planning Staff are 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 landseverance along the boundary of
two different designations is
permissible provided theseverance does not contravene
any applicable policies of this Plan
Not applicable.
j)In the Agricultural and Ruraldesignations, any severance
applications for agricultural, farm-related uses, and farm-relatedindustrial/commercial uses shall
only be permitted in accordancewith Sections 13.3.7, 13.3.8,
13.3.9, 13.3.11 and 13.3.12
Not applicable.
Page 11 Municipality of Clarington Committee of Adjustment B-2026-0010
k)The severance shall be in
compliance with the provisions ofany site plan, subdivision or any
other development agreementsregistered 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 Exception (R1-12)” and within
the Neighbourhood Character Overlay (NCO) within Zoning By-Law 84-63.
8.2 The proposed semi-detached dwelling is a permitted use within the zone.
8.3 Minor Variance Application A2023-0035 was approved at the April 2024
Committee of Adjustment hearing to facilitate consent application B2024-0001 to create one new lot for two single detached dwellings and one ADU on each lot at
both 6 Brown Street and the subject property. That minor variance application sought to:
a)reduce the minimum interior side yard setback from 1.8 metres to 1.6 metres;
b)increase the maximum permitted height from 8.5 metres to 11.8 metres;
c)reduce the rear yard setback from 7.5 metres to 6.56 metres; and
d)permit the proposed entrance for the additional dwelling unit to be located atthe front of the detached dwellings, whereas the required location of theentrance for the additional dwelling unit is at the rear or side of a single
detached dwelling.
8.4 This consent application is for a revised proposal for a semi-detached dwelling
on the subject property, which requires an additional minor variance application A2026-0020. That application proposes to:
Page 12 Municipality of Clarington Committee of Adjustment B-2026-0010
a)reduce the minimum lot area from 550 square meters to 383 square meters;
b)reduce the minimum lot frontage from 18 metres to 14 metres; and
c)reduce the minimum landscaped open space in the front yard (softlandscaping) from 50 percent to 32 percent.
8.5 The approval of the minor variance is a condition of approval for this consent application as noted in Section 9 of this report.
8.6 It is Staff’s opinion that the consent application conforms to the intent and
purpose of Zoning By-Law 84-63, subject to the approval of A2026-0020.
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:
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 theDevelopment Engineering letter dated June 10, 2026 (revised June 23, 2026)
(Attachment 1).
2.The owner, applicant, or agent must provide a draft reference plan with theapplication to be reviewed by the Planning and Infrastructure Department and
approved by the Municipality prior to registration. Registration of this referenceplan 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 lieuof the normal parkland dedication. Note: This payment is equivalent to 5% of thevalue of the retained parcel. In order to determine the value of the land, theapplicant shall retain a certified Land Appraiser to prepare a land appraisal.
5.All taxes shall be paid in full to the Municipality of Clarington prior to the issuanceof a clearance letter.
Page 13 Municipality of Clarington Committee of Adjustment B-2026-0010
6.Once all other conditions have been satisfied, the applicant shall engage theirsolicitor 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, thisapplication is conditional upon the approval of Minor Variance Application A2026-0020.
9.To ensure that any consent application complies with all applicable provisions ofZoning By-law 84-63, Staff will review the registered reference plan once
submitted to ensure compliance with all applicable zoning provisions.
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 decisionpursuant 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 thedate of the notice of decision and the applicant is still interested in pursuing theproposal, a new consent application will be required.
Prepared by:
Hebah Masood Acting Secretary-Treasurer, Committee of Adjustment Planning and Infrastructure Services
Municipality of Clarington
Page 14 Municipality of Clarington Committee of Adjustment B-2026-0010
Concurrence:
This report has been reviewed by Andrew Payne, 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
Attachments:
Attachment 1 – Development Engineering Comments
Attachment 2 - Fire and Emergency Services Department Comments
Attachment 3 – Building Comments
Attachment 4 – Hydro One Comments
Attachment 5 – Committee of Adjustment Decision for B2024-0001
Attachment 6 – Committee of Adjustment Decision for A2023-0035
Attachment 7 – Elexicon Comments
Attachment 8 – Rogers Comments
MEMO
The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6
1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net Page | 1
If this information is required in an alternate format, please contact the
Accessibility Coordinator at 905-623-3379 ext. 2131.
Consent to sever Part 1 from Part 2 on the draft reference plan. Part 1 will have
approximately 7 metres of lot frontage, with a lot area of approximately 192 square
metres. Part 2 will have approximately 7 metres of lot frontage, with a lot area of
approximately 192 square metres.
We have reviewed the above-noted application and have no objection to this Land
Severance application subject to the 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:
General Comments
The proposed driveway entrance conflict with the existing utility/light pole in front of 6
Brown Street, a relocation plan and formal confirmation/proof that the process to relocate
the pole has been initiated must be provided to the Municipality prior to consent to sever.
The Applicant will be responsible for all costs of relocation.
The pole must be relocated a minimum 1.0m from the edge of any driveways.
If the street light pole is relocated more than 1 m from the existing location, a photometric
plan must be provided to confirm the subject location will still meet Municipal Street
lighting standards.
Road Excavation
Excavation of Brown Street is not permitted between December 1st and April 30th. An
appropriate clause must be included in the consent agreement.
To: Hebah Masood, Planner II
From: Karen Richardson, Manager of Development Engineering
Date: June 10, 2026, Revised, June 23, 2026
Subject: Land Division Application
Applicant: Steven Anderson
Address: 6 Brown Street, Bowmanville
File: B2026-0010
B-2026-0010 / X-REF: A-2026-0020
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 | 2
Parks Division
The applicant will be required to provide an appropriate cash contribution in lieu of the
normal parkland dedication. (Confirm with Planner)
FOLLOWING COMMENTS ARE REQUIRED AT BUILDING PERMIT STAGE
General Comments
Provide written confirmation that all interlocking brick will be salvaged and returned to
the Municipality. (Confirmation Required)
Include a note on all applicable drawings stating: “Interlock shall be salvaged, protected,
and returned to the Municipality’s Operations Depot (2320 Taunton Road, Hampton,
ON).”
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:
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.
A connection to the existing storm sewer on Brown Street shall be made for each
proposed dwelling unit. Depending on how the servicing Contract moves forward, the
Applicant may be required to provide the Municipality with additional securities.
Entrance Permit
The applicant/owner must apply for an Entrance Permit to facilitate the construction of
an entrance from the subject property to Brown Street. The applicant/owner will be
responsible for any cost necessary in providing a connecting access which may include
utility relocation, entrance paving, curb cuts, restoration etc.
More information on Entrance Permits can be found online at Clarington.net or through
By-law 2015-040.
Street trees are not required due to the presence of overhead utility wires.
Municipal Road Occupancy
B-2026-0010 / X-REF: A-2026-0020
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 | 3
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 Public Works Department staff at (905) 263-2291”.
“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”.
Development Deposit
The Owner 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 Owner 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 Deputy CAO 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.
Soil Management Report – Site Alteration
The Municipality may require a Soil Management Report be prepared for the Site and
submitted for review and approval prior to earthworks. The scope of the Soil
Management Report is described in Section 5 of the Municipality’s Site Alteration
Permit.
Every effort must be made to minimize the importing and exporting of material.
B-2026-0010 / X-REF: A-2026-0020
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 | 4
Should Site Alteration Works be necessary, 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.
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 of Planning and Infrastructure 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.
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 Ajay
Kumar Alagarsamy, Planning and Infrastructure Services Department.
Karen Richardson, P.Eng.
Manager of Development Engineering,
Planning and Infrastructure Services
KR/AKA
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: Jun 03, 2026
Subject: EFS Review Complete
File: B-2026-0010
From:Brendan Grigg
To:Committee of Adjustment (SM)
Subject:Re: Committee of Adjustment B-2026-0010: 6 Brown Street, Bowmanville
Date:June 15, 2026 2:57:51 PM
Attachments:image001.png
A building permit is required for the proposed semi detached house.
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:LANDUSEPLANNING
To:Committee of Adjustment (SM)
Subject:CLARINGTON - 6 Brown Street - B-2026-0010
Date:June 5, 2026 9:39:54 AM
EXTERNAL
Hello,
We are in receipt of your Application for Consent, B-2026-0010 dated 2026-06-03. We have reviewed the documentsconcerning the noted Plan and have no comments or concerns at this time. Our preliminary review considers issuesaffecting Hydro One’s 'High Voltage Facilities and Corridor Lands' only.
For proposals affecting 'Low Voltage Distribution Facilities’ the Owner/Applicant should consult their local areaDistribution Supplier. Where Hydro One is the local supplier the Owner/Applicant must contact the Hydro subdivisiongroup 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-mailCustomerCommunications@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 DepartmentHydro One Networks Inc.Email: LandUsePlanning@HydroOne.com
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 905-623-3379 www.clarington.net
March 8, 2024
Dear Sir/Madam,
RE: Notice of Decision
File Number: B-2024-0001
Owner: Clean Cut Renovation Ltd.
Location: Part of Lots 5 and 6 Block Z John Grant’s Plan, Concession 1, Lot 11 Former
Township of Bowmanville
Address: 6 Brown Street, Bowmanville
Proposed consent to facilitate the creation of a new lot. The existing dwelling is proposed to be demolished with new single detached dwellings proposed to be constructed on the retained and severed parcels. As proposed, each part will have a frontage of 14.02 metres, an
average depth of 27.34 metres and Part 1 (retained) having a lot area of 382 square metres and Part 2 (severed) having a lot area of 384 square metres.
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 February 29th, 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.
Tyler Robichaud Acting Secretary/Treasurer
Committee of Adjustment
Attachments: February 29th, 2024, Committee of Adjustment Minutes
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 29, 2024
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:
Cindy Hammer Meeting Host
Elissa Kellaway Meeting Host
Morgan Jones Secretary-Treasurer
Lucy Pronk Planning Staff
Nicklaus Gibson Acting Secretary-Treasurer
Tyler Robichaud Acting Secretary-Treasurer
Jacob Circo Planning Staff
Todd Taylor Chair
Dave Eastman Member
John Bate Member
Shelley Pohjola Member
Gord Wallace Member
Brad Whittle Member
Absent with Regrets
Noel Gamble Member
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-February 29, 2024 Page 2
Committee of Adjustment Meeting
3. Declaration of Interest for Consent Applications
“None”
4. Consent Applications:
4.1 File Number: B-2024-0001
Owner/Agent: Steve Anderson, Clean Cut Renovation Ltd / Michael Fry, D.G.
Biddle & Associates Ltd.
Staff: Tyler Robichaud
Address: 6 Brown Street, Bowmanville
Lot: LOT 11
Conc.: CON 1
Cross Reference File (A-2023-0035)
Application:
Proposed consent to facilitate the creation of a new lot. The existing dwelling is proposed to be
demolished with new single detached dwellings proposed to be constructed on the retained and
severed parcels. As proposed, each part will have a frontage of 14.02 metres, an average depth
of 27.34 metres and Part 1 (retained) having a lot area of 382 square metres and Part 2 (severed)
having a lot area of 384 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 in opposition to the application from members of the public:
In attendance to speak to B-2024-0001 – Peggy Clark, 40 Liberty St N, Bowmanville.
P. Clark – Spoke to the importance of shade trees adding character to the Neighborhood
Character Overlay area. P. Clark voiced concerns with the proposed development resulting in
the removal of shade trees on the subject lands. P. Clark voiced some general concerns about
climate change and the removal of trees resulting in a lack of shade in the neighbourhood as
well as concerns pertaining to the storm sewers reaching capacity with added development.
Lastly, P. Clark voiced some concerns regarding snow removal implications, increased traffic,
and noise pollution with the addition of a new lot.
D. Eastman – Would like to point out to the Speaker, that the proponent is responsible for giving
a deposit to the Municipality for any damages, and one of the items is to replace any trees that
are damaged or removed during construction.
Staff recommends that the application be approved subject to the conditions noted in the staff
report.
Minutes-February 29, 2024 Page 3
Committee of Adjustment Meeting
Motion to approve B2024-0001 as recommended by Brad Whittle, seconded by Shelley
Pohjola.
Full text of Decision:
The application B-2024-0001 is for the proposed creation of a new lot, having reviewed of all
agency comments and oral and written submissions hereby move that the application be
approved as applied for, subject to the conditions detailed in the Staff report.
Conditions Of Approval:
Section 1: General
1. That the applicant satisfies all the requirements of the Regional Municipality of Durham
concerning the provision of Regional services, financial and otherwise as detailed in the Regional
Works letter dated February 27th 2024.
2. That the applicant satisfies all the requirements of the Regional Municipality of Durham
Planning and Economic Development Department, financial and otherwise as detailed in the
Regional Planning and Economic Development letter dated February 27th, 2024.
3. The owner, applicant or agent must enter into a consent agreement with the Municipality of
Clarington.
4. 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;
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. The applicant shall ensure that any new lots created through a severance, whether retained or
severed, comply with the applicable provisions of Zoning By-law 84-63. In the case of the
application B-2024-0001 a Minor Variance application is required to be approved to vary the
minimum lot area and minimum lot frontage provisions to facilitate the creation of the severed
and retained lands.
Minutes-February 29, 2024 Page 4
Committee of Adjustment Meeting
8. 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.
9. The applicant must demolish the existing single detached dwelling on the existing parcel; a
demolition permit is required.
10.The applicant 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 severed parcel. To determine the value of
the land, the applicant shall retain a certified Land Appraiser to prepare a land appraisal.
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.
“Carried”
Committee Member Yes No Digital Signature
John Bate x
Dave Eastman x
Noel Gamble Absent
Shelley Pohjola x
Todd Taylor No Vote
Gord Wallace No Vote
Brad Whittle x
Minutes-February 29, 2024 Page 5
Committee of Adjustment Meeting
4.2 File Number: B-2024-0002
Owner/Agent: Alexander Ford
Staff: Tyler Robichaud
Address: 56 Little Avenue, Bowmanville
Lot: LOT 13
Conc.: CON 1
Application:
The purpose of the application is to facilitate the creation of a new lot. The existing dwelling is
proposed to remain and undergo interior structural alterations to be converted into a semi-
detached dwelling. As proposed, each part will have a frontage of 11.43 metres, an average
depth of 30.48 metres, and an average area of 348.38 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.
No comments were received in opposition to the application from external agencies or internal
departments.
Written comments were received in opposition to the application from one member of the public.
The nature of the concern was that “any new build be required to fit in with the existing style of
homes in the immediate area” and “that any new semi, is restricted to only a family dwelling and
not a ruse to slide in an illegal basement apartment in each side”. Said comments were noted in
the staff report and taken into consideration by staff in the preparation of their recommendation.
A. Ford – Discussed the agency conditions in the Staff report and stated that as per the
Development Engineering Department’s comments, he was not sure of the need for entrance
permits as there are two existing driveways for each side of the dwelling and in regard to the
Region’s conditions regarding a soil sample as the subject lands are a part of an existing
neighborhood 40+ years old. A. Ford asked if there was a possibility for flexibility in the
conditions, however at this point he does accept them.
T. Robichaud – Although the Region’s conditions are within Clarington’s Staff report, it is
understood that further discussions are to be had directly with the Region regarding the
possibility of flexibility in satisfying their conditions. The Development Engineering Conditions
were provisional in case of future entrance modifications related to the development.
In attendance to speak to Application B2024-0002 – Thomas Parson, 56 Little Avenue, Unit 2
T. Parson – Spoke to concerns with what the living conditions will look like moving forward. As
he resides at the subject property as a tenant. Had concerns about changes to the lease, shared
driveways access. Wondering what the space would look like if this application is approved. In
addition, noted there are lots of children playing on the street out front – concerns about the
increase in traffic in the neighborhood.
Minutes-February 29, 2024 Page 6
Committee of Adjustment Meeting
Motion to approve B-2024-0002 as recommended by Brad Whitten seconded by Dave
Eastman.
Full text of Decision:
The application B-2024-0002 is for the proposed creation of a new lot, having reviewed of all
agency comments and oral and written submissions hereby move that the application be
approved as applied for, subject to the conditions detailed in the Staff report.
Conditions of Approval:
Section 1: General
1. That the applicant satisfies all the requirements of the Regional Municipality of Durham
concerning the provision of Regional services, financial and otherwise as detailed in the Regional
Works letter dated February 27th 2024.
2. That the applicant satisfies all the requirements of the Regional Municipality of Durham
Planning and Economic Development Department, financial and otherwise as detailed in the
Regional Planning and Economic Development letter dated February 27th, 2024.
3. The owner, applicant or agent must enter into a consent agreement with the Municipality of
Clarington.
4. 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;
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. Applicant is to submit a building permit application for structural alterations to convert the
existing dwelling into a semi-detached dwelling to establish a common wall horizontally dividing
the building into two separate dwelling units. Once the building permit is issued and final
occupancy is granted, the applicant will be required to provide a draft Reference Plan prepared
by an OLS that delineates the common wall to the satisfaction of the Planning and Infrastructure
Services Department, prior to registration of the plan.
Minutes-February 29, 2024 Page 7
Committee of Adjustment Meeting
8. The applicant shall ensure that any new lots created through a severance, whether retained
or severed, comply with the applicable provisions of Zoning By-law 84-63.
9. 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.
10.The applicant 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 severed parcel. To determine the value of
the land, the applicant shall retain a certified Land Appraiser to prepare a land appraisal.
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 B2024-0002 on February 29th, 2024.
Committee Member Yes No Digital Signature
John Bate x
Dave Eastman x
Noel Gamble Absent
Shelley Pohjola x
Todd Taylor No Vote
Gord Wallace No Vote
Brad Whittle x
“Carried”
Minutes-February 29, 2024 Page 8
Committee of Adjustment Meeting
4.3 File Number: B-2024-0004 (formerly LD 132/2016) & B-2024-0005 (formerly LD
133/2016)
Owner/Agent: Michael Fry, D.G. Biddle & Associates Ltd.
Staff: Tyler Robichaud
Address: 3131 Tooley Road, Courtice
Lot: LOT 33
Conc.: Con 3
Application:
The purpose of the application is to facilitate the creation of 2 new lots. As proposed, the purpose
of application B-2024-0004 (X-Ref LD 132/2016) is to sever an 1,130.91 square metre vacant
residential lot, retaining a 10,737.56 square metre residential lot with an existing dwelling to be
demolished. The purpose of application B-2024-0005 (X-Ref LD133/2016) is to sever an
1,137.83 square metre vacant residential lot, retaining a 10,730.64 square metre residential lot
with an existing dwelling to be demolished. These applications were previously tabled by the
Durham Region Land Division Committee in February of 2022, with an expiration of February
2024.
Notice of the Committee of Adjustment Hearing was circulated to the Region of Durham,
owner/applicant and interested parties. Any future revisions to the previously submitted
applications will require a new circulation of public notice before it is lifted from the table on a
future agenda.
M. Fry – Presented the details of the application and mentioned that the subject lands and lands
immediately to the west form part of an ongoing application for Draft Plan of Subdivision and
noted the delay regarding the application was due to the preparation of an Environmental Impact
Study.
Staff recommend that the applications be tabled as per the recommendation noted in the staff
report.
Motion to table B2024-0004 as recommended by Dave Eastman and seconded by John Bate.
Full text of Decision:
That application, B2024-0004 having reviewed and considered all the agency comments and
heard the oral submissions I hereby move that the application be tabled at the expense of the
applicant for up to two years, 24 months until no later than February 2026, a tabling fee of
$310.00 is payable online within 30 days of today’s meeting, failure to pay the required fee may
result in denial of the application.
Minutes-February 29, 2024 Page 9
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 B2024-0004 on February 29th, 2024.
Committee Member Yes No Digital Signature
John Bate x
Dave Eastman x
Noel Gamble Absent
Shelley Pohjola x
Todd Taylor No Vote
Gord Wallace No Vote
Brad Whittle x
“Carried”
Additional motion to table B-2024-0005 as recommended by Shelley Pohjola and seconded by
Brad Whittle.
Full text of Decision:
That application, B2024-0005 having reviewed and considered all the agency comments and
heard the oral submissions I hereby move that the application be tabled at the expense of the
applicant for up to two years, 24 months until no later than February 2026, a tabling fee of
$310.00 is payable online within 30 days of today’s meeting, failure to pay the required fee may
result in denial of the application.
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 B2024-0004 on February 29th, 2024.
Committee Member Yes No Digital Signature
John Bate x
Dave Eastman x
Noel Gamble Absent
Shelley Pohjola x
Todd Taylor No Vote
Minutes-February 29, 2024 Page 10
Committee of Adjustment Meeting
Gord Wallace No Vote
Brad Whittle x
“Carried”
Minutes-February 29, 2024 Page 11
Committee of Adjustment Meeting
4.4 File: B-2024-0007
Owner/Agent: Erik Mirtsou, Candevcon Limited
Staff: Tyler Robichaud
Address: 29 Lambs Lane, Bowmanville
Lot: LOT 12
Conc.: CON 2
Application:
The purpose of the application is to facilitate the creation of a new lot. As proposed, the
application is to sever a 491.98 square metre residential parcel of land with 12.87 metres of
frontage, retaining a 451.09 square metre residential parcel of land with 12.87 metres of
frontage. These applications were previously tabled by the Durham Region Land Division
Committee in February of 2022, with an expiration of February 2024.
The subject application was circulated to the owner/applicant and interested parties. Any future
revisions to the previously submitted application will require a new circulation of public notice
before it is lifted from the table on a future agenda.
Staff recommend that the applications be tabled as per the recommendation noted in the
staff report.
M. Yaseen – presented the application on behalf of the owner and discussed the intended future
use of the property as a residential semi-detached dwelling.
Motion to table B2024-0007 as recommended by Brad Whittle, seconded by Dave Eastman.
Full text of Decision:
That application, B2024-0007, having reviewed and considered all the agency comments and
heard the oral submissions I hereby move that the application be tabled at the expense of the
applicant for up to two years, 24 months until no later than February 2026, a tabling fee of
$310.00 is payable online within 30 days of today’s meeting, failure to pay the required fee may
result in denial of the application.
Minutes-February 29, 2024 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 B2024-0007 on February 29th, 2024.
Committee Member Yes No Digital Signature
John Bate x
Dave Eastman x
Noel Gamble Absent
Shelley Pohjola x
Todd Taylor No Vote
Gord Wallace No Vote
Brad Whittle x
“Carried”
5. 5 Minute Recess
6. Declarations of Interest for Minor Variance Applications
“None”
7. Minor Variance Applications
7.1 File: A2023-0035
Owner: Steve Anderson
Agent: Michael Fry
Address: 6 Brown Street, Bowmanville
Application:
The purpose of the application is to support a land severance application (B 2024-0001) to
permit the construction of two single detached dwellings containing two additional dwelling
units (each on their own lot), with a reduction in lot frontage from 15 metres to 14 metres, and
a reduction in lot area from 460 square metres to 380 square metres, to reduce the minimum
interior side yard setback from 1.8m to 1.25m, to increase the maximum permitted height from
8.5m to 12.25m, to reduce the minimum required front yard setback that being the established
building line from 7.67m to 5.78m, to reduce the minimum required landscaped open space
from 40% to 23%, to reduce the minimum requirement of 1 parking space per additional
Minutes-February 29, 2024 Page 13
Committee of Adjustment Meeting
dwelling unit to 1 parking space per dwelling unit, and to have a separate entrance for the
additional dwelling unit situated within the front building façade, in addition to the principal
dwelling unit entrance.
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 Development Engineering, as they are not in support of the
application for the proposed parking reduction and that a stormwater management brief is
required to support the reduction in landscaped open space. Furthermore, Clarington Building
Division and Clarington Emergency and Fire Services Department did not have any further
comments and have no objection to the application.
No comments were received in opposition to the application from members of the public.
Staff recommends that application A2023-0035 for a minor variance to Section 12.2 (a) i) and
Section 12.2 (b) ii) of Zoning By-law 84-63 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 and Clarington Official Plan;
and that application A2023-0035 for a Minor Variance to Section 12.2.1b. ii) c),
Section 12.2.1 (e) ii), Section 12.2.1 (a) ii), Section 12.2.1 (d) i), Section 12.2 (d)
iv), Section 3.16 of Zoning Bylaw 84-63, amended by By-law 2021-082, and
Section 3.2e) of Bylaw 2021-082 amended by Zoning By-law 84-63; be tabled for
up to 6 months to allow for further discussion between staff and the applicant to
address various site design matters.
S. Pohjola – Question regarding approving part and tabling part of this Minor Variance,
rather than dealing with it all at the same time.
N. Gibson – Staff feel some of the variances are not appropriate at this time. There needs
to be further discussions on those variances between the applicant and staff.
S. Pohjola – In light of that I am recommending tabling the whole matter.
N.Gibson – The 2 variances for lot area and frontage speak to the LD application, in
support of the creation of 2 lots – those variances Staff recommend approval. The
remainder of the variances staff have concerns, we are recommending tabling those
variances for up to 6 months to allow the application and staff to have further discussions
on the site design.
B. Whittle – Confirm if they are splitting the vote into 2.
T. Taylor – We don’t have 2 applications before us, in my opinion we can deal with it as
one. I will defer to Planning.
N.Gibson – This application only speaks to lot area and lot frontage. The other variances
should be tabled for another meeting.
S. Pohjola – If the second tabling doesn’t resolve in a resolution, then the first
recommendation doesn’t really mean much.
Minutes-February 29, 2024 Page 14
Committee of Adjustment Meeting
N. Gibson – The intent of this variance is to support the Land Division application. This
will allow them to apply for future variances. This sole purpose of this variance is to serve
the current owner to sell and divide this property. The remainder of the variances are for
a future time when the new owner makes a new proposal.
D. Eastman – if we approve the first part – how does this affect the issue regarding
parking?
N. Gibson – This is the reason the remainder of the variances will be dealt with after
more discussion at a future time.
D. Eastman – do we need all the variances to go through in order for the Consent
Application to go through?
M. Jones – the only 2 variances that need to go through for the related consent
application are for the lot area reduction and the lot frontage. They are the only 2
variances needed for lot creation. Staff have concerns with the other variances, we have
told the applicant they will need to come back with some revisions to address all the
concerns regarding site design.
First motion to approve the variances for lot area and lot frontage for file A2023-0035 as
recommended by Shelley Pohjola, seconded by Dave Eastman.
Full text of Decision: “That application A2023-0035 for a minor variance to Section 12.2 (a) i)
and Section 12.2 (b) ii) of Zoning By-law 84-63 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 and Clarington Official Plan; and
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 A2023-0035 on February 29,
2024:
Committee Member Yes No Digital Signature
John Bate x
Dave Eastman x
Noel Gamble Absent
Shelley Pohjola x
Todd Taylor No Vote
Gord Wallace x
Brad Whittle x
“Carried”
Minutes-February 29, 2024 Page 15
Committee of Adjustment Meeting
Second motion to table the remaining variances for file A2023-0035 as recommended by Dave
Eastman, seconded by John Bate.
That application A2023-0035 for a Minor Variance to Section 12.2.1b. ii) c), Section 12.2.1 (e)
ii), Section 12.2.1 (a) ii), Section 12.2.1 (d) i), Section 12.2 (d) iv), Section 3.16 of Zoning Bylaw
84-63, amended by By-law 2021-082, and Section 3.2e) of Bylaw 2021-082 amended by
Zoning By-law 84-63; be tabled for up to 6 months to allow for further discussion between staff
and the applicant to address various site design matters.”
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 A2023-0035 on February 29,
2024:
Committee Member Yes No Digital Signature
John Bate x
Dave Eastman x
Noel Gamble Absent
Shelley Pohjola x
Todd Taylor No Vote
Gord Wallace x
Brad Whittle x
“Carried”
7.2 File Number: A-2024-0002
Owner/Agent: Lawson R. Gay
Staff: Nick Gibson
Address: 1697-1701 Highway 2
Lot: Part Lot 29 & 30
Conc.: CON 2
Application:
The purpose of the application is to permit a mixed-use building by reducing the required
parking rate of 1 space per apartment dwelling unit to 0.7 spaces per apartment dwelling unit,
by reducing the required length of the street façade from 30% to 24%, by reducing the
required front yard setback from 2 metres to 0 metres and by reducing the required loading
spaces from 3 to 2.
Minutes-February 29, 2024 Page 16
Committee of Adjustment Meeting
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 in opposition to the application from the public and internal
departments.
The public comments were received from several residents that live on Avondale Drive and the
surrounding area that are in opposition to the application. The following issues and concerns
from the residents in the area are as follows:
That the urban design of this development project does not fit with the character of the
neighbourhood which is mainly single detached dwellings and semi-detached dwellings; that
the current infrastructure is not equipped to handle the increased traffic, posing safety risks for
children, and creating stress for residents on Richard Gay Avenue and Avondale Drive; and
that Residents expressed that they would like to see the elimination of the Avondale Drive
entrance point to prevent negative impacts on the community's well-being, schools, and overall
safety of the neighbourhood. Furthermore, comments were also received in opposition to the
application from an internal agency (i.e.: Development Engineering).
Clarington Development Engineering is not in support of the variance for a reduction in required
parking and their comments were received as follows:
Clarington Development Engineering does not support a further reduction for parking from the
parameters outlined in the Secondary Plan. The justification for the reduction provided by the
applicant does not support for the reasons that were previously outlined to the applicant. That
being said, we recognize the importance of the development.
1. To mitigate the reduction in parking and future parking issues, we ask that the applicant
commit to the following:
2. On-going monitoring for the parking and if required, re-distribute the parking
appropriately; and to
3. Install a parking lay-by along the north boulevard on Avondale Drive. This will not make
up the loss of parking but will provide another option. This would need to be reviewed for
feasibility.
Development Engineering had no other objections to the remainder of the variances outlined in
the planning report. Additionally, Clarington Building Division and Clarington Emergency and
Fire Services Department did not have any comments or objections to the application.
Staff recommends that application A2024-0002 for a minor variance to Section 16.A4 of Zoning
By-law 84-63 to permit a mixed-use building by reducing the required parking rate of 1 space
per apartment dwelling unit to 0.7 spaces per apartment dwelling unit, by reducing the required
length of the street façade from 30% to 24%, by reducing the required front yard setback from
2 metres to 0 metres and by reducing the required loading spaces from 3 to 2 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 and Clarington Official Plan.
K. Aviles from NexTrans Consulting Engineers is here to speak on behalf of this application,
and I will turn it over to him to provide further comments. Thank you.
Minutes-February 29, 2024 Page 17
Committee of Adjustment Meeting
D. Meredith (Consultant) gave a brief summary of the proposal to the Committee including
consultation with staff, commenting agencies and made site plan changes.
S. Pohjola – Do you have a copy of the COA Planning report? Can you speak to item 6.8 on
page 9 of the Report and explain how there will be minimal adverse impacts on the parking.
How does the street parking support additional parking demands with respect to this
application?
D. Meredith – We do have a parking management plan that will be put in place as it relates to
this development. So for example, the Owner does manage the number of parking spaces that
are distributed to the tenants. Not every tenant will be allocated to have a parking space in this
development, approximately 50% of the units will have parking spaces allocated to future
residents. The owner has the ability to control and manage the parking on the premises of the
site and the development itself.
The second component of that is the developer or the Owner of the property has an internal
shuttle service so that they will be providing that as part of the development itself. So for
example, there will be a shuttle service that individual owners can register and sign up for.
S. Pohjola – With respect to the Transportation impact study, who was that conducted by? Was
it peer reviewed? And what are the similarities to those proxy sites to this development being
proposed?
D. Meredith – I will allow Kristian Aviles from NexTrans to speak on that.
K. Aviles – Nextrans prepared the study and was reviewed by staff. It was not peer reviewed
but reviewed by municipal staff. The resolution from municipal staff that we reached is that we
would be implementing transportation demand management measures on site that would help
to reduce the vehicle parking demand that’s expected.
S. Pohjola - With respect to the three proxy sites that were mentioned in the TIS report, what
are those sites and how are they similar to this development being proposed?
K. Aviles – The three sites that we chose were affordable seniors housing in Durham Region.
First site is 310 Mary Street East in Whitby, second site is located in Bowmanville at 165 King
Avenue East, and the third site is 1505 Bowmanville Avenue East.
Something that we took into consideration was the availability of transit within the area of the
proxy sites and is noted that the subject site has currently one transit route along Highway 2
that’s available within close proximity to the subject site. Additionally, we also took into
consideration the number of units of the proxy sites. Specifically, the proxy site in Whitby has
similar numbers to the development and the surrounding land use context. These sites are
generally surrounded by single story residential, single-family units.
S. Pohjola – In the Planning report it mentions that staff will be employed by the Seniors
residence. How many staff members will be there on site? Is it 24 hours availably?
D. Meredith - It is not a 24-hour availability and there will be a minimum of one staff person.
S. Pohjola – Is there staff parking allocated to that?
Minutes-February 29, 2024 Page 18
Committee of Adjustment Meeting
D. Meredith – Yes, they will have a parking space. Could I just respond to the engineering
comments in regard to them in not in support of the application. They made a comment that
they are not in support of the parking reduction, but there’s conditions for alternative measures
that we are agreed to. Those being the monitoring program for a three-year period post
development, the implementation of transportation demand management measures, and the
introduction of installing layby parking along Avondale Drive to alleviate and add some additional
parking.
S. Pohjola - How much more parking will the layby parking provide?
D. Meredith – 7 to 10 parking spaces.
D. Eastman – Did you talk to the building manager of the Newcastle proxy site to find out how
successful the parking really is?
K. Aviles – Yes, in addition to the three sites in Durham Region we also surveyed an additional
site owned and operated by the Owner of the proposed development. The site is in Cobourg
and the Owner was able to provide information to confirm that the parking management
measures are in place and effective. We also did conduct a survey on that site as well and it’s
on page 8 of the study addendum.
The observed demand was 0.63 spaces per unit and was below the one space per unit
requirement as outlined in the zoning by-law.
D. Eastman – What is the actual percentage of the units being allocated for affordable housing?
D. Meredith – 40% of the units will be allocated for affordable housing.
D. Eastman – You mentioned that some of the units won’t have a parking space. But if you have
60% of your building with cars, most people have two cars nowadays. In saying that, do you still
feel that it’s an adequate study for the parking reduction?
D. Meredith – It’s not so much about the study but the availability of tenants. When you enter
into a tenant agreement, that will stipulate whether or not you will have a parking space. So the
owner has complete control of allocating the number of parking spaces for the development as
there will need to be licensed and registered.
There is an ongoing monitoring program in terms of the use and implementation of the traffic
management to ensure that there’s no legal parking in those locations.
D. Eastman – I just have some concerns because engineering would be familiar with those sites
and they have concerns.
D. Meredith – In looking at sites within Oshawa and in Whitby for similar types of development,
the zoning permissions are 0.5 parking spaces for similar types of units and is adjacent to the
Municipalities and across the Region as parking standards.
T. Taylor - We’ll ask now that the applicants please be seated, and I would just to address that
there were 4 different types of residents’ comments and the Committee members have read
your written comments and reviewed them in advance of the meeting. Will any members of the
public who want to make comments please come forward or unmute and address the
Committee?
Minutes-February 29, 2024 Page 19
Committee of Adjustment Meeting
G. Kovacs (Resident at 188 Avondale Drive) - I think it’s crazy that the development proposal is
to build three buildings on that small property. With over 100 units, it’s going to be a nightmare
for the residents that live on Avondale Drive. There are many families with young children and
the parking and increased traffic will be a nightmare and we don’t want that.
Another comment I would like to make is that we never got the initial information when this
application was submitted, nobody knew on the street, and I would like to know what’s going
on. We got notice for this application last week and everyone was surprised.
T. Taylor -Nick, could you please clarify on the posting for the record?
N. Gibson - Under the Planning Act, the site plan does not require a public notice and the
signage was posted on February 15. There were 2 signs posted along Highway 2, and I asked
the applicant and Owner to move one of the signs to Avondale Drive so that residents could
probably see the sign.
G. Kovacs – So before February 15, you don’t need to place any signage on the property?
N. Taylor - Correct. There is no requirement to post the signage at the site plan proposal stage.
T. Phillip (Resident at 192 Avondale Drive) – There were many questions and concerns from
the residents on Avondale Drive. First concern is the street and the families and small kids in
the neighbourhood. I have a kid with a disability and just running around concerns me. When I
noticed the plan, there are three entrances to the buildings. One of the three mixed use buildings
has direct access to Avondale Drive and that is really concerning because there are small kids
that live all along that street. Additionally, with the entrances people may prefer the entrance off
of Highway 2 and not off of Avondale Drive with the traffic lights and with the additional entrance
off of Avondale Drive, it will bring more traffic congestion to the street and the neighbourhood.
Another concern is the reduction of the parking spaces. Street parking is legal, and most people
are going to park right on our street and will increase the amount of traffic and cars on our
street. Lastly, 130 + units is a lot of units proposed for such a small space. 130 units means
130 cars and the commercial units also require a lot of parking.
Most importantly, it’s not in sync with the neighbourhood and the surrounding land uses
containing single detached dwellings and these are my main concerns.
D. Eastman – People may try to park on your street, but there is a three-hour limit in Clarington
for on street parking so that may help alleviate the on street parking.
T. Phillip – But that also means that once three hours is up, I leave and then another person
could come and park there for another 3 more hours.
S. Pohjola - In terms of addressing this gentleman’s comments regarding the commercial
parking, whether staff or traffic consultant can speak to how the allocation is being done in
terms of parking.
N. Gibson – They are meeting the requirements for commercial parking.
T. Taylor – Hearing from no further comments from the Committee, can we proceed with a
motion?
Minutes-February 29, 2024 Page 20
Committee of Adjustment Meeting
Motion to approve for file A2024-0002 as recommended by Shelley Pohjola, seconded by Brad
Whittle.
Full text of Decision:
That application A2024-0002 for a Minor Variance to Section 16.A4 of Zoning By-law 84-63 to
permit a mixed-use building by reducing the required parking rate of 1 space per apartment
dwelling unit to 0.7 spaces per apartment dwelling unit, by reducing the required length of the
street façade from 30% to 24%, by reducing the required front yard setback from 2 metres to
0 metres and by reducing the required loading spaces from 3 to 2 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 and Clarington Official Plan.
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 A2024-0002 on February 29th, 2024:
Committee Member Yes No Digital Signature
John Bate x
Dave Eastman x
Noel Gamble Absent
Shelley Pohjola x
Todd Taylor No Vote
Gord Wallace x
Brad Whittle x
“Carried”
Minutes-February 29, 2024 Page 21
Committee of Adjustment Meeting
7.3 File Number: A-2024-0003
Owner/Agent: Wayne Best
Staff: Nick Gibson
Address: 1712 Nash Road
Lot: Part Lot 29
Conc.: CON 3
Application:
The purpose of the application is for Minor Variances to Section 12.4.33 b) and Section 12.4.33
a) to support a land severance application (LD 2023-034) to create two lots each for the future
construction of a semi-detached dwelling by reducing the required lot frontage from 18 metres
to 16 metres and reducing the required lot area from 720 square metres to 700 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.
No comments were received in opposition to the application from external agencies or internal
departments; and
No comments were received in opposition to the application from members of the public.
Staff recommend that application A2024-0003 for a minor variance to Section 12.4.33 b) and
Section 12.4.33 a) of Zoning By-law 84-63 to support a land severance application (LD 2023-
034) to create two lots each for the future construction of a semi-detached dwelling by reducing
the required lot frontage from 18 metres to 16 metres and reducing the required lot area from
720 square metres to 700 square 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 and Clarington Official Plan.
No questions or comments were received from members of the public.
No questions or comments were received from the committee members.
Wayne Best (Applicant) – Agreed with statements from Planning and gave a brief summary
of the application and proposal.
No questions from the Committee members on the application.
No public members in Chambers that wanted to speak on behalf of the application.
Chair Todd Taylor asked for a motion from the Committee.
Motion to approve for file A2024-0003 as recommended by Dave Eastman, seconded by
Shelley Pohjola.
Full text of Decision:
Minutes-February 29, 2024 Page 22
Committee of Adjustment Meeting
That application A2024-0003 for a minor variance to Section 12.4.33 b) and Section 12.4.33 a)
of Zoning By-law 84-63 to support a land severance application (LD 2023- 034) to create two
lots each for the future construction of a semi-detached dwelling by reducing the required lot
frontage from 18 metres to 16 metres and reducing the required lot area from 720 square
metres to 700 square 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 and Clarington Official Plan
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 A2024-0003 on February 29th, 2024:
Committee Member Yes No Digital Signature
John Bate x
Dave Eastman x
Noel Gamble Absent
Shelley Pohjola x
Todd Taylor No Vote
Gord Wallace x
Brad Whittle x
“Carried”
7.4 File Number: A-2024-0004
Owner/Agent: Rekker’s Gardens
Staff: Nick Gibson
Address: 3104 Concession Road 4
Lot: Part Lot 1 & 2
Conc.: CON 4
Application:
The purpose of the minor variance application is to permit the expansion of a greenhouse by
increasing the lot coverage from 5% to 15%.
Minutes-February 29, 2024 Page 23
Committee of Adjustment Meeting
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.
No comments were received in opposition to the application from members of the public.
Staff recommend that application A2024-0004 for a minor variance to Section 6.3 d) of Zoning
By-law 84-63 to permit the expansion of a greenhouse by increasing the lot coverage from 5%
to 15% 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 and the
Clarington Official Plan.
No questions or comments were received from members of the public.
No questions or comments were received from the committee members.
Richard Rekker (Applicant) – Gave a brief summary of the proposal to the Committee and
provided some justification for the requested increase to lot coverage for 15%.
Motion to approve for file A2024-0004 as recommended by Shelley Pohjola, seconded by
Dave Eastman.
Full text of Decision:
That application A2024-0004 for a Minor Variance to Section 6.3 d) of Zoning By-law 84-63 to
permit the expansion of a greenhouse by increasing the lot coverage from 5% to 15% 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 and the Clarington Official
Plan.
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 A2024-0004 on February 29th, 2024:
Committee Member Yes No Digital Signature
John Bate x
Dave Eastman x
Noel Gamble Absent
Shelley Pohjola x
Todd Taylor No Vote
Minutes-February 29, 2024 Page 24
Committee of Adjustment Meeting
Gord Wallace x
Brad Whittle x
“Carried”
7.5 File Number: A-2024-0006
Owner/Agent: Paul Halminen
Staff: Nick Gibson
Address: 50 James Street East
Lot: Lot 28
Conc.: Con 1
Application:
The purpose of the application is to permit a single detached dwelling with a reduced rear
yard depth of 6 metres whereas Zoning By-law 84-63 requires a rear depth of 7.5 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.
No comments were received in opposition to the application from external agencies or
internal departments.
No comments were received in opposition to the application from members of the public.
Staff recommends that application A2024-0006 for a minor variance to Section 12.2 d. iv) of
Zoning Bylaw 84-63 to permit a single detached dwelling with a reduced rear yard depth of 6
metres whereas Zoning By-law 84-63 requires a rear depth of 7.5 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 and Clarington Official Plan.
No questions or comments were received from members of the public.
No questions or comments were received from the committee members.
Paul Halminen (Applicant) – gave a brief summary of the proposal to the Committee.
Dave Eastman – I believe there has been previous minor variance applications on this
property. Could you please confirm this?
Nick – Yes that is correct. There were applications in the past to reduce the exterior side yard.
Dave Eastman – Will the house and driveway front onto Beaver Street?
Nick – Yes that is correct.
Minutes-February 29, 2024 Page 25
Committee of Adjustment Meeting
No further questions from Committee members. No members of the public wish to speak on
behalf of the application.
Motion to approve for file A2024-0004 as recommended by Shelley Pohjola, seconded by John
Bate.
Full text of Decision:
That application A2024-0006 for a minor variance to Section 12.2 d. iv) of Zoning Bylaw 84-
63 to permit a single detached dwelling with a reduced rear yard depth of 6 metres whereas
Zoning By-law 84-63 requires a rear depth of 7.5 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 and Clarington Official Plan.
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 A2024-0006 on February 29th, 2024:
Committee Member Yes No Digital Signature
John Bate x
Dave Eastman x
Noel Gamble Absent
Shelley Pohjola x
Todd Taylor No Vote
Gord Wallace x
Brad Whittle x
“Carried”
8. Adoption of Minutes of Previous Meeting
Motion to adopt minutes from November 30th, 2023, Committee of Adjustment Meeting was
moved by Dave Eastman, Seconded by John Bate,
“That the minutes of the Committee of Adjustment, held on November 30th, 2023,
be approved.”
“Carried”
Minutes-February 29, 2024 Page 26
Committee of Adjustment Meeting
9. Other Business
“None”
10. Adjournment
Last Date of Appeal for tonight’s consent applications: March 20th, 2024
Last Date of Appeal for tonight’s minor variance applications: March 20th, 2024
Next Meeting: March 28th, 2024
Moved by Brad Whittle, Seconded by Dave
Eastman. “That the meeting adjourned.”
“Carried”
The Corpora�on 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
Decision of the Committee of Adjustment
Owners/Applicants: Steve Anderson / Michael Fry Property Location: 6 Brown Street File Number: A2023-0035
Purpose: A minor variance application to reduce the minimum interior side yard setback from 1.8 meters to 1.6 meters, to increase the maximum permitted height from
8.5 metres to 11.8 metres, to reduce the rear yard setback from 7.5 metres to 6.56 metres, and to permit the proposed entrance for the additional dwelling unit to be located at the front of the detached dwellings, whereas the required location of the entrance for the additional dwelling unit is at the rear or side of a single detached dwelling.
Decision: That application A2023-0035 for a minor variance to Section 12.2.1 b. ii) a) c) to reduce the minimum interior side yard setback from 1.8 metres to 1.6 metres, Section 12.2.1 e. ii) to increase the maximum permitted height from 8.5 metres to 11.8 metres, Section 12.2. d. iv) to reduce the rear yard setback from 7.5 metres to 6.56 metres, and Section 3.2 e) of Zoning By-law 84-63 to permit the proposed entrance for the additional
dwelling unit to be located at the front of the detached dwellings, whereas the required location of the entrance for the additional dwelling unit is at the rear or side of a single detached dwelling be approved subject to the following condition:
a) That the applicant provides a Stormwater Management Brief prepared by a qualified professional and preliminary lot grading plan that is to the satisfaction of
the Development Engineering Division prior to issuing a building permit;
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 and the Clarington Official Plan.
Moved by: Gord Wallace
Seconded by: Shelley Pohjola
The matter was then put to a vote and carried as follows:
Committee Yes No Committee Yes No
Todd Taylor X Gord Wallace X
The Corpora�on 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 2
Acting Secretary-Treasurer: Nicklaus Gibson
Date of Decision: April 25th, 2024 Last Day of Appeal: May 15th, 2024
EE ref.: 2026DA061201
Municipality of Clarington Date: 2026-06-12
40 Temperance Street
Bowmanville, Ontario
L1C 3A6
Attn.: Elissa Kelloway
RE: Site/Development Application File # B-2026-0010
Steven Anderson
6 Brown Street, Bowmanville
EE ref.: 2026DA061201
Further to the referenced File # B-2026-0010. subject to the caveats set out in this letter, Elexicon Energy
Inc. has no objection to the proposed Site Plan Application to facilitate a semi-detached dwelling on
Undeveloped land, severed piece from 6 Brown Street.
We recommend that applicant or its authorized representative to submit a connection application to
dservices@elexiconenergy.com. at the earliest opportunity to facilitate timely processing.
The applicant or its authorized representative shall consult with Elexicon Energy Inc. concerning the
availability of supply voltage, service location, metering, costs and any other details. These requirements
are separate from and in addition to those of the ESA. Elexicon Energy Inc. will confirm the characteristics
of the available electrical supply and will designate the location of the supply point to the applicant. Elexicon
Energy Inc. will also identify the costs that the applicant will be responsible for.
In some cases, an expansion of Elexicon’s distribution system (as such term is defined in the Distribution
System Code issued by the Ontario Energy Board) will be required in order to be able to connect the
customer to Elexicon’s distribution system. When an expansion is necessary, the Distribution System Code
requires that a distributor perform an economic evaluation to determine if the future revenue from the
customer(s) will pay for the capital cost and on-going maintenance costs of the expansion project. If a
shortfall between the present value of the projected costs and revenues is calculated, the distributor may
propose to collect all or a portion of that amount from the customer(s). The evaluation is basically a
discounted cash flow calculation that brings all costs and revenues to their net present values. This model,
in general, follows the methodology, the set of common elements and related assumptions provided in
Appendix B of the Distribution System Code. Elexicon will provide an Offer to Connect once an official
request for electric services is received.
The applicant or its authorized representative shall apply for new or upgraded electric services and
temporary power service in writing. The applicant is required to provide Elexicon Energy Inc. with sufficient
lead-time in order to ensure:
a) The timely provision of supply to new and upgraded premises; and/or
b) The availability of adequate capacity for additional loads to be connected in the existing premises
EE ref.: 2026DA061201
For all future applications and related correspondences kindly forward digital copies to:
DevelopmentApplications@elexiconenergy.com
Please note that the conditions and statements set out in this letter are subject to change at Elexicon’s
sole and absolute discretion based on future demand, supply availability, and other relevant factors
existing at the time of a customer’s application.
Yours truly,
Elexicon Energy Inc.
Usman Khan P.Eng., M.Eng.
Supervisor, Load Forecasting & Stations Planning
June 18, 2026
Planning and Development Services
Municipality of Clarington
40 Temperance Street,
Bowmanville ON L1C 3A6
Attention: Elissa Kelloway
RE: Zoning By-law Amendment Application ZBA2025-0011
Steven Anderson
6 Brown Street
Municipality of Clarington
With respect to the above-mentioned proposal, please be aware that Rogers Communications
has no objections to the proposal. Please continue to send us significant information regarding
this Project.
Should you have any questions or comments, please do not hesitate to call.
Yours truly,
Tim Holland
System Planner
Outside Plant Engineering - Durham
Rogers Communications
301 Marwood Drive
Oshawa, ON L1H 1J4
timd.holland@rci.rogers.com
905 436-4167
Planning and Infrastructure Services Committee of Adjustment
Minor Variance
Summary of Comments Submitted A-2026-0020
Located on Brown Street in Bowmanville (PLAN GRANT BLK Z PT LOTS 5; AND 6 RP 40R32780 PART 2) – property south of 6 Brown
Municipal Departments / External Agencies Comment
Economic Development Departments
Municipality of Clarington Committee of Adjustment
A-2026-0020 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: June 25, 2026
File Number: A-2026-0020
Address: Located on Brown Street in Bowmanville (PLAN GRANT BLK Z PT LOTS 5; AND 6 RP 40R32780 PART 2) – property south of 6 Brown
Report Subject: A Minor Variance application to facilitate severance application B2026-
0010. The application proposes to: a) reduce the minimum lot area from
550 square meters to 383 square meters; b) reduce the minimum lot
frontage from 18 metres to 14 metres, and c) reduce the minimum landscaped open space in the front yard (soft landscaping) from 50 percent to 32 percent.
Recommendations:
1. That the Report for Minor Variance Application A2026-0020 be received;
2. That all written comments and verbal submissions are considered in the deliberation of this application;
3. That application A2025-0020, for a Minor Variance to Sections 12.2a.ii), 12.2b.ii) and 12.2.1d.ii) to
a) reduce the minimum lot area from 550 square meters to 383 square meters,
b) reduce the minimum lot frontage from 18 metres to 14 metres, and
c) reduce the minimum landscaped open space in the front yard (soft landscaping)
from 50 percent to 32 percent.
be approved, 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.
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-2026-0020 Page 3
1. Application Details
1.1 Owner:
1.2 Applicant: Steven Anderson
application B2026-0010. The application proposes to:
a) reduce the minimum lot area from 550 square
meters to 383 square meters; b) reduce the minimum
lot frontage from 18 metres to 14 metres, and c)
reduce the minimum landscaped open space in the
front yard (soft landscaping) from 50 percent to 32
percent.
The lot sizes resulting from the proposed severance
are as follows: Part 1 (severed lot): 191.836; Part 2
(retained lot): 191.836.
LOTS 5; AND 6 RP 40R32780 PART 2) – property
south of 6 Brown
Neighborhood Character Overlay of Zoning By-Law 84-63
Plan Designation: Community Area
Designation: Urban Residential
Designation: Low-Density Residential Land Use and Residential
Neighbourhoods Character Area Designations within
1.10 Water, Sewage and
Storm Servicing: Municipal
Municipality of Clarington
Committee of Adjustment
A-2026-0020 Page 4
Figure 1: Property Location Map
Municipality of Clarington
Committee of Adjustment
A-2026-0020 Page 5
2. Background
2.1 The subject property (PLAN GRANT BLK Z PT LOTS 5; AND 6 RP 40R32780 PART 2)
does not have an address at this time and will be referred to as the subject property throughout this report.
2.2 Consent application B2024-0001 was approved at the February 2024 Committee of Adjustment meeting (See Attachment 5). The consent application was to sever the subject property from 6 Brown Street creating two lots intended for a single-detached
dwelling and an Additional Dwelling Unit (ADU) on each lot. The associated Minor Variance application A2023-0035 was approved at the April 2024 Committee of
Adjustment meeting (See Attachment 6). The application proposed to:
a) reduce the minimum interior side yard setback from 1.8 metres to 1.6 metres;
b) increase the maximum permitted height from 8.5 metres to 11.8 metres;
c) reduce the rear yard setback from 7.5 metres to 6.56 metres; and
d) permit the proposed entrance for the additional dwelling unit to be located at the
front of the detached dwellings, whereas the required location of the entrance for the additional dwelling unit is at the rear or side of a single-detached dwelling.
2.3 In April 2026, the applicants contacted the Municipality with a revised proposal to sever
both 6 Brown Street and the subject property to create two semi-detached dwellings for a total of four lots.
2.4 The applicants submitted this minor variance application and the associated consent application on May 15, 2026.
2.5 The approval of this minor variance application A2026-0020 is a condition of approval
for the associated consent application B2026-0010. The associated consent application is to facilitate a semi-detached dwelling by seeking consent to sever Part 2 from Part 1
on the draft reference plan (Attachment 3). Part 1 will have approximately 7 metres of lot frontage with a lot area of approximately 192 square metres. Part 2 will have approximately 7 metres of lot frontage, with a lot area of approximately 192 square
metres.
2.6 The purpose of this application is to:
a) reduce the minimum lot area from 550 square meters to 383 square meters;
b) reduce the minimum lot frontage from 18 metres to 14 metres; and
c) reduce the minimum landscaped open space in the front yard (soft landscaping)
from 50 percent to 32 percent.
Municipality of Clarington
Committee of Adjustment
A-2026-0020 Page 6
3. Land Characteristics and Surrounding Uses
3.1 The subject property is located in Bowmanville directly adjacent to the south of 6 Brown
Street. It is on the west side of Brown Street, south of Wellington Street and north of
Church Street. (See Figure 1).
3.2 The property forms a rectangular shaped lot that has an area of 383.672 square metres, a depth of 27.33 metres, and a frontage of 14.04 metres along Brown Street. The area
surrounding the property is mainly residential consisting of single-detached and semi-detached dwellings. The property’s lot area is approximately 3696.90 square metres.
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 received no inquiries or opposition from members
of the public for this proposed consent application.
5. Discussion
Maintain the general intent and purpose of the Clarington Official Plan
5.1 The subject property is designated Community Area within the Durham Regional Official
Plan (Envision Durham). According to Section 5.4.2 of Envision Durham Community Areas should be planned for a variety of housing types.
5.2 The subject property is designated Urban Residential within the Clarington Official Plan.
According to policy 9.3.1 of the Clarington Official Plan, Urban Residential areas should be primarily used for housing purposes.
5.3 Within the Bowmanville East Urban Centre Secondary Plan the subject property is
designated Residential Neighbourhoods Character Area and Low-Density Residential Land Use. According to Section 3.5, the Residential Neighbourhoods Character Area
Designation supports a variety of housing typologies to provide opportunities for infill housing. According to Section 5.6, the Low-Density Residential land use designation
permits predominantly residential uses to deliver a mix of housing types and tenures
including semi-detached dwellings.
5.4 The proposal is to facilitate a semi-detached dwelling on the property, which will gently
intensify the neighbourhood. It is Staff’s opinion the application meets the intent and purpose of the Regional Official Plan, Clarington Official Plan and Bowmanville East
Urban Centre Secondary Plan.
Municipality of Clarington
Committee of Adjustment
A-2026-0020 Page 7
Maintains the general intent and purpose the Zoning By-law 84-63
5.5 The subject property is zoned “Urban Residential Exception (R1-12)’’ within Zoning By-Law 84-63. The subject property also falls within the Neighborhood Character Overlay area in Bowmanville.
5.6 The minimum lot area for semi-detached dwellings in the zone is 550 square metres. The minor variance is to reduce the minimum lot area for semi-detached dwellings to
383 square metres. The intent and purpose of the minimum lot area provision is to create consistent lot sizes within the neighbourhood and ensure adequate space for a semi-detached dwelling as well as parking and outdoor yard space. There are other lots within the same zone and within the neighbourhood that are similar in size. Additionally, the site plan (Attachment 5) shows the site can accommodate a semi-detached
dwelling and maintain the provisions related to lot coverage, parking, and overall landscaped open space. It is Staff’s opinion that the reduced lot area maintains the intent and purpose of the provision.
5.7 The minimum lot frontage for semi-detached dwellings in the zone is 18 metres. The minor variance is to reduce the minimum lot frontage for semi-detached dwellings to 14
metres. The intent and purpose of the minimum lot frontage is to ensure adequate space for access to the site and parking in the front yard and on the street. The site plan (Attachment 5) shows there is adequate frontage to allow for access and two outdoor parking spots in the front yard per dwelling unit. It is Staff’s opinion that the reduced lot frontage maintains the intent and purpose of the provision.
5.8 The minimum landscaped open space in the front yard in the Neighbourhood Character Overlay is 50 percent and is meant to be soft landscaping. Zoning By-Law 84-63 was amended to include the Neighbourhood Character Overlay through By-Law 2020-050.
This section introduced soft landscaping in the front yard with a provision of 50 percent. In 2024, the Municipality of Clarington passed By-Law 2024-0032 (Attachment 7). This
By-Law prescribed a minimum of 40 percent landscaped open space to all single-detached, semi-detached and townhouse dwellings. The definition of soft landscaping in the two By-Laws mentioned above are the same. The intent and purpose of the soft
landscaping in the front yard is to ensure adequate drainage and maintain a large green space in the front yard that is characteristic of the historic Bowmanville neighbourhood.
The site plan shows the proposal is able to provide adequate parking spaces while maintaining a large portion of green space in the front yard and maintaining the minimum 40 percent landscaped overall provision . Development Engineering does not
have any concerns with the drainage on the subject property. It is Staff’s opinion that the reduced landscaped open space in the front yard maintains the intent and purpose of
the provision.
5.9 For the above stated reasons, it is Staff’s opinion that the application maintains the intent and purpose of Zoning By-Law 84-63.
Municipality of Clarington
Committee of Adjustment
A-2026-0020 Page 8
Desirable for the appropriate development or use of the land, building or structure
5.10 The proposed minor variance and consent applications gently intensify the neighborhood by facilitating the creation of a new lot with two dwelling units.
5.11 There are no new uses being introduced to the neighbourhood and no adverse impacts to the neighbouring properties. The application does not propose any changes that would negatively impact the streetscape. The proposal is logical and compatible with
the existing character of the neighbourhood.
5.12 For the above stated reasons, it is Staff’s opinion that the minor variance requested is appropriate development, and use of the land, building, and structure.
Minor in Nature
5.13 The proposed reduced lot area reduces the lot area by approximately 30 percent. The
site plan (Attachment 5) shows there is adequate space for the dwelling, parking and outdoor amenity space. The maximum lot coverage requirement can also still be maintained.
5.14 The proposed reduced front yard only decreases the lot frontage by 22 percent. There is still adequate room for access to the property and two parking spaces in the front
yard.
5.15 While there is 36 percent reduction in landscaped open space in the front yard from the
NCO provision, there is only a 20 percent decrease from By-Law 2024-0032 provision
passed in 2024. Additionally, the minimum overall landscaped open space requirement
can be maintained. There is still adequate outdoor amenity space on the property.
5.16 It is not anticipated that the requested reliefs will result in adverse impacts. For the above stated reasons, it is Staff’s opinion that the proposed variance is minor in nature.
6. Conclusion
6.1 Staff recommend that application A2026-0020, for a Minor Variance to Sections 12.2a.ii), 12.2b.ii) and 12.2.1d.ii) to
a) reduce the minimum lot area from 550 square meters to 383 square meters,
b) reduce the minimum lot frontage from 18 metres to 14 metres, and
c) reduce the minimum landscaped open space in the front yard (soft landscaping)
from 50 percent to 32 percent.
be approved, subject to the below conditions, 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.
Municipality of Clarington
Committee of Adjustment
A-2026-0020 Page 9
Submitted by:
Hebah Masood Acting Secretary-Treasurer
Committee of Adjustment at the Municipality of Clarington
Concurrence:
This report has been reviewed by Andrew Payne, 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 - Development Engineering Comments
Attachment 2 – Building Comments
Attachments 3 – Draft Survey
Attachment 4 – Site Plan
Attachment 5 – Committee of Adjustment Decision for B2024-0001
Attachment 6 – Committee of Adjustment Decision for A2023-0035
Attachment 7 – By-Law 2024-0032
Interested Parties:
N/A
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 semi-
detached dwelling with an associated consent application (B2026-0010) to sever
the property. The application proposes to:
• Reduce the minimum lot area from 550 square meters to 383 square meters,
• Reduce the minimum lot frontage from 18 metres to 14 metres,
• Reduce the minimum soft landscaping from 50 percent to 32 percent
Development Engineering has reviewed the above-noted application. We have no
objection to this proposal. The applicant should review the comments provided
with the consent application for this property (B2026-0010).
If you have any questions regarding the above-noted comments, please contact
Ajay Kumar Alagarsamy, Planning and Infrastructure Services Department.
Karen Richardson, P.Eng.
Manager of Development Engineering,
Planning and Infrastructure Services
KR/AKA
To: Hebah Masood, Planner II
From: Karen Richardson, Manager of Development Engineering
Date: June 10, 2026, Revised, June 23, 2026
Subject: Minor Variance Application A2026-0020
File: Applicant: Steven Anderson.
Address: 6 Brown Street, Bowmanville
From:Brendan Grigg
To:Committee of Adjustment (SM)
Subject:Re: Committee of Adjustment A-2026-0020: 6 Brown Street, Bowmanville
Date:June 15, 2026 2:58:31 PM
Attachments:image001.png
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
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SIDEWALK AND BOULEVARD TO
BE RESTORED AT OWNER'S
EXPENSE AFTER COMPLETION OF
FINAL GRADING WORKS
INTERLOCK BRICK SIDEWALK TO
BE REPLACED WITH CONCRETE
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PROPOSED DWELLING
#6 BROWN ST.
DATE:
SCALE:
CHECKED BY:
DRAWN BY:
DRAWING NO.:PROJECT NO.:
SHEET TITLE
PROJECT
Qualified Designer BCIN:
Firm BCIN:
Date:
32051
35536
JAN 2025
arcdesign@rogers.com
tel: 905-240-4024 fax: 905-240-4019
11.06.2023ISSUED FOR REVIEW
3
2
1
6 BROWN STREET
BOWMANVILLE, ONTARIO
GENERAL NOTES
1.ALL DRAWINGS AND SPECIFICATIONS IS AN
INSTRUMENT OF SERVICE AND REMAIN THE EXCLUSIVE
PROPERTY OF ARC DESIGN GROUP DEVELOPMENT
SERVICES INC. AND ARE PROTECTED UNDER THE
COPYRIGHT ACT. THEY MAY NOT BE REPRODUCED,
DISTRIBUTED, ALTERED OR SUBMITTED FOR
APPROVALS WITHOUT WRITTEN PERMISSION OF THE
DESIGNER.
2.ONLY VERIFIED FINAL DRAWINGS BEARING THE STAMP
"FOR CONSTRUCTION PURPOSE" SHALL BE USED ON
THE JOB SITE. DRAWINGS WITHOUT THE STAMP ARE
CONSIDERED PRELIMINARY DRAWINGS ONLY.
3.ALL WORK INHERENT TO THIS PROJECT SHALL BE
PERFORMED ACCORDING TO THE ONTARIO BUILDING
CODE, THE NATIONAL BUILDING CODE AND OTHER
GOVERNING BODIES HAVING JURISDICTION.
4.ALL DIMENSIONS ARE TAKEN FROM FACES OF
EXTERIOR WALLS AND ALL MASONRY WALLS.
5.THE CONTRACTOR IS RESPONSIBLE FOR VERIFYING ALL
LEVELS & DIMENSIONS, ANY DISCREPANCIES ARE TO BE
REPORTED TO ARC DESIGN GROUP DEVELOPMENT
SERVICES INC. BEFORE COMMENCING THE WORK.
6.NO MODIFICATION OF THE PLANS SHALL BE DONE
WITHOUT THE WRITTEN APPROVAL OF ARC DESIGN
GROUP DEVELOPMENT SERVICES INC.
7.DIMENSIONS ON DRAWINGS SHALL PREVAIL OVER
SCALE.
8.THE APPROVAL OF SHOP DRAWINGS IS NOT INTENDED
FOR THE PROTECTION OF THE CONTRACTOR OR
SUBCONTRACTOR; THEREFORE, IT DOES NOT RELIEVE
THE CONTRACTOR OR SUBCONTRACTOR FROM THE
NECESSITY OF CONFORMING TO THE INFORMATION
CONTAINED IN THE ARCHITECTURAL AND STRUCTURAL
DRAWINGS, ELECTRICAL AND MECHANICAL DRAWINGS,
SPECIFICATIONS AND THE REQUIREMENTS OF THE
ONTARIO BUILDING CODE OR OTHER GOVERNING BODY
HAVING JURISDICTION.
9.THE CONTRACTOR SHALL BE RESPONSIBLE FOR ANY
DEVIATIONS FROM THE ORIGINAL DRAWINGS, IF NOT
AUTHORIZED WITH A WRITTEN CHANGE ORDER BY THE
ARCHITECT.
adg
Arc Design Group
a r c h i t e c t u r a l | m e c h a n i c a l | p l a n n i n g
4
11.06.2023REAR PARKING FOR REVIEW
02.29.2023REVISED SITE PLAN
03.20.2024REVISED AS PER CLIENT
Signature:
5 10.18.2024REVISED PER COMMENTS
05.06.2025ISSUED FOR PERMIT6
07.17.2025REVISED PER COMMENTS7
07.28.2025REVISED PER COMMENTS8
09.10.2025REVISED PER COMMENTS9
REVISED PER COMMENTS 04.13.202610
AL
PJJ
1:100
09.10.2025
SITE PLAN
OPTION #1
23-030 SP
- PERMEABLE PAVERS
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 905-623-3379 www.clarington.net
March 8, 2024
Dear Sir/Madam,
RE: Notice of Decision
File Number: B-2024-0001
Owner: Clean Cut Renovation Ltd.
Location: Part of Lots 5 and 6 Block Z John Grant’s Plan, Concession 1, Lot 11 Former
Township of Bowmanville
Address: 6 Brown Street, Bowmanville
Proposed consent to facilitate the creation of a new lot. The existing dwelling is proposed to be demolished with new single detached dwellings proposed to be constructed on the retained and severed parcels. As proposed, each part will have a frontage of 14.02 metres, an
average depth of 27.34 metres and Part 1 (retained) having a lot area of 382 square metres and Part 2 (severed) having a lot area of 384 square metres.
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 February 29th, 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.
Tyler Robichaud Acting Secretary/Treasurer
Committee of Adjustment
Attachments: February 29th, 2024, Committee of Adjustment Minutes
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 29, 2024
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:
Cindy Hammer Meeting Host
Elissa Kellaway Meeting Host
Morgan Jones Secretary-Treasurer
Lucy Pronk Planning Staff
Nicklaus Gibson Acting Secretary-Treasurer
Tyler Robichaud Acting Secretary-Treasurer
Jacob Circo Planning Staff
Todd Taylor Chair
Dave Eastman Member
John Bate Member
Shelley Pohjola Member
Gord Wallace Member
Brad Whittle Member
Absent with Regrets
Noel Gamble Member
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-February 29, 2024 Page 2
Committee of Adjustment Meeting
3. Declaration of Interest for Consent Applications
“None”
4. Consent Applications:
4.1 File Number: B-2024-0001
Owner/Agent: Steve Anderson, Clean Cut Renovation Ltd / Michael Fry, D.G.
Biddle & Associates Ltd.
Staff: Tyler Robichaud
Address: 6 Brown Street, Bowmanville
Lot: LOT 11
Conc.: CON 1
Cross Reference File (A-2023-0035)
Application:
Proposed consent to facilitate the creation of a new lot. The existing dwelling is proposed to be
demolished with new single detached dwellings proposed to be constructed on the retained and
severed parcels. As proposed, each part will have a frontage of 14.02 metres, an average depth
of 27.34 metres and Part 1 (retained) having a lot area of 382 square metres and Part 2 (severed)
having a lot area of 384 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 in opposition to the application from members of the public:
In attendance to speak to B-2024-0001 – Peggy Clark, 40 Liberty St N, Bowmanville.
P. Clark – Spoke to the importance of shade trees adding character to the Neighborhood
Character Overlay area. P. Clark voiced concerns with the proposed development resulting in
the removal of shade trees on the subject lands. P. Clark voiced some general concerns about
climate change and the removal of trees resulting in a lack of shade in the neighbourhood as
well as concerns pertaining to the storm sewers reaching capacity with added development.
Lastly, P. Clark voiced some concerns regarding snow removal implications, increased traffic,
and noise pollution with the addition of a new lot.
D. Eastman – Would like to point out to the Speaker, that the proponent is responsible for giving
a deposit to the Municipality for any damages, and one of the items is to replace any trees that
are damaged or removed during construction.
Staff recommends that the application be approved subject to the conditions noted in the staff
report.
Minutes-February 29, 2024 Page 3
Committee of Adjustment Meeting
Motion to approve B2024-0001 as recommended by Brad Whittle, seconded by Shelley
Pohjola.
Full text of Decision:
The application B-2024-0001 is for the proposed creation of a new lot, having reviewed of all
agency comments and oral and written submissions hereby move that the application be
approved as applied for, subject to the conditions detailed in the Staff report.
Conditions Of Approval:
Section 1: General
1. That the applicant satisfies all the requirements of the Regional Municipality of Durham
concerning the provision of Regional services, financial and otherwise as detailed in the Regional
Works letter dated February 27th 2024.
2. That the applicant satisfies all the requirements of the Regional Municipality of Durham
Planning and Economic Development Department, financial and otherwise as detailed in the
Regional Planning and Economic Development letter dated February 27th, 2024.
3. The owner, applicant or agent must enter into a consent agreement with the Municipality of
Clarington.
4. 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;
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. The applicant shall ensure that any new lots created through a severance, whether retained or
severed, comply with the applicable provisions of Zoning By-law 84-63. In the case of the
application B-2024-0001 a Minor Variance application is required to be approved to vary the
minimum lot area and minimum lot frontage provisions to facilitate the creation of the severed
and retained lands.
Minutes-February 29, 2024 Page 4
Committee of Adjustment Meeting
8. 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.
9. The applicant must demolish the existing single detached dwelling on the existing parcel; a
demolition permit is required.
10.The applicant 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 severed parcel. To determine the value of
the land, the applicant shall retain a certified Land Appraiser to prepare a land appraisal.
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.
“Carried”
Committee Member Yes No Digital Signature
John Bate x
Dave Eastman x
Noel Gamble Absent
Shelley Pohjola x
Todd Taylor No Vote
Gord Wallace No Vote
Brad Whittle x
Minutes-February 29, 2024 Page 5
Committee of Adjustment Meeting
4.2 File Number: B-2024-0002
Owner/Agent: Alexander Ford
Staff: Tyler Robichaud
Address: 56 Little Avenue, Bowmanville
Lot: LOT 13
Conc.: CON 1
Application:
The purpose of the application is to facilitate the creation of a new lot. The existing dwelling is
proposed to remain and undergo interior structural alterations to be converted into a semi-
detached dwelling. As proposed, each part will have a frontage of 11.43 metres, an average
depth of 30.48 metres, and an average area of 348.38 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.
No comments were received in opposition to the application from external agencies or internal
departments.
Written comments were received in opposition to the application from one member of the public.
The nature of the concern was that “any new build be required to fit in with the existing style of
homes in the immediate area” and “that any new semi, is restricted to only a family dwelling and
not a ruse to slide in an illegal basement apartment in each side”. Said comments were noted in
the staff report and taken into consideration by staff in the preparation of their recommendation.
A. Ford – Discussed the agency conditions in the Staff report and stated that as per the
Development Engineering Department’s comments, he was not sure of the need for entrance
permits as there are two existing driveways for each side of the dwelling and in regard to the
Region’s conditions regarding a soil sample as the subject lands are a part of an existing
neighborhood 40+ years old. A. Ford asked if there was a possibility for flexibility in the
conditions, however at this point he does accept them.
T. Robichaud – Although the Region’s conditions are within Clarington’s Staff report, it is
understood that further discussions are to be had directly with the Region regarding the
possibility of flexibility in satisfying their conditions. The Development Engineering Conditions
were provisional in case of future entrance modifications related to the development.
In attendance to speak to Application B2024-0002 – Thomas Parson, 56 Little Avenue, Unit 2
T. Parson – Spoke to concerns with what the living conditions will look like moving forward. As
he resides at the subject property as a tenant. Had concerns about changes to the lease, shared
driveways access. Wondering what the space would look like if this application is approved. In
addition, noted there are lots of children playing on the street out front – concerns about the
increase in traffic in the neighborhood.
Minutes-February 29, 2024 Page 6
Committee of Adjustment Meeting
Motion to approve B-2024-0002 as recommended by Brad Whitten seconded by Dave
Eastman.
Full text of Decision:
The application B-2024-0002 is for the proposed creation of a new lot, having reviewed of all
agency comments and oral and written submissions hereby move that the application be
approved as applied for, subject to the conditions detailed in the Staff report.
Conditions of Approval:
Section 1: General
1. That the applicant satisfies all the requirements of the Regional Municipality of Durham
concerning the provision of Regional services, financial and otherwise as detailed in the Regional
Works letter dated February 27th 2024.
2. That the applicant satisfies all the requirements of the Regional Municipality of Durham
Planning and Economic Development Department, financial and otherwise as detailed in the
Regional Planning and Economic Development letter dated February 27th, 2024.
3. The owner, applicant or agent must enter into a consent agreement with the Municipality of
Clarington.
4. 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;
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. Applicant is to submit a building permit application for structural alterations to convert the
existing dwelling into a semi-detached dwelling to establish a common wall horizontally dividing
the building into two separate dwelling units. Once the building permit is issued and final
occupancy is granted, the applicant will be required to provide a draft Reference Plan prepared
by an OLS that delineates the common wall to the satisfaction of the Planning and Infrastructure
Services Department, prior to registration of the plan.
Minutes-February 29, 2024 Page 7
Committee of Adjustment Meeting
8. The applicant shall ensure that any new lots created through a severance, whether retained
or severed, comply with the applicable provisions of Zoning By-law 84-63.
9. 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.
10.The applicant 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 severed parcel. To determine the value of
the land, the applicant shall retain a certified Land Appraiser to prepare a land appraisal.
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 B2024-0002 on February 29th, 2024.
Committee Member Yes No Digital Signature
John Bate x
Dave Eastman x
Noel Gamble Absent
Shelley Pohjola x
Todd Taylor No Vote
Gord Wallace No Vote
Brad Whittle x
“Carried”
Minutes-February 29, 2024 Page 8
Committee of Adjustment Meeting
4.3 File Number: B-2024-0004 (formerly LD 132/2016) & B-2024-0005 (formerly LD
133/2016)
Owner/Agent: Michael Fry, D.G. Biddle & Associates Ltd.
Staff: Tyler Robichaud
Address: 3131 Tooley Road, Courtice
Lot: LOT 33
Conc.: Con 3
Application:
The purpose of the application is to facilitate the creation of 2 new lots. As proposed, the purpose
of application B-2024-0004 (X-Ref LD 132/2016) is to sever an 1,130.91 square metre vacant
residential lot, retaining a 10,737.56 square metre residential lot with an existing dwelling to be
demolished. The purpose of application B-2024-0005 (X-Ref LD133/2016) is to sever an
1,137.83 square metre vacant residential lot, retaining a 10,730.64 square metre residential lot
with an existing dwelling to be demolished. These applications were previously tabled by the
Durham Region Land Division Committee in February of 2022, with an expiration of February
2024.
Notice of the Committee of Adjustment Hearing was circulated to the Region of Durham,
owner/applicant and interested parties. Any future revisions to the previously submitted
applications will require a new circulation of public notice before it is lifted from the table on a
future agenda.
M. Fry – Presented the details of the application and mentioned that the subject lands and lands
immediately to the west form part of an ongoing application for Draft Plan of Subdivision and
noted the delay regarding the application was due to the preparation of an Environmental Impact
Study.
Staff recommend that the applications be tabled as per the recommendation noted in the staff
report.
Motion to table B2024-0004 as recommended by Dave Eastman and seconded by John Bate.
Full text of Decision:
That application, B2024-0004 having reviewed and considered all the agency comments and
heard the oral submissions I hereby move that the application be tabled at the expense of the
applicant for up to two years, 24 months until no later than February 2026, a tabling fee of
$310.00 is payable online within 30 days of today’s meeting, failure to pay the required fee may
result in denial of the application.
Minutes-February 29, 2024 Page 9
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 B2024-0004 on February 29th, 2024.
Committee Member Yes No Digital Signature
John Bate x
Dave Eastman x
Noel Gamble Absent
Shelley Pohjola x
Todd Taylor No Vote
Gord Wallace No Vote
Brad Whittle x
“Carried”
Additional motion to table B-2024-0005 as recommended by Shelley Pohjola and seconded by
Brad Whittle.
Full text of Decision:
That application, B2024-0005 having reviewed and considered all the agency comments and
heard the oral submissions I hereby move that the application be tabled at the expense of the
applicant for up to two years, 24 months until no later than February 2026, a tabling fee of
$310.00 is payable online within 30 days of today’s meeting, failure to pay the required fee may
result in denial of the application.
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 B2024-0004 on February 29th, 2024.
Committee Member Yes No Digital Signature
John Bate x
Dave Eastman x
Noel Gamble Absent
Shelley Pohjola x
Todd Taylor No Vote
Minutes-February 29, 2024 Page 10
Committee of Adjustment Meeting
Gord Wallace No Vote
Brad Whittle x
“Carried”
Minutes-February 29, 2024 Page 11
Committee of Adjustment Meeting
4.4 File: B-2024-0007
Owner/Agent: Erik Mirtsou, Candevcon Limited
Staff: Tyler Robichaud
Address: 29 Lambs Lane, Bowmanville
Lot: LOT 12
Conc.: CON 2
Application:
The purpose of the application is to facilitate the creation of a new lot. As proposed, the
application is to sever a 491.98 square metre residential parcel of land with 12.87 metres of
frontage, retaining a 451.09 square metre residential parcel of land with 12.87 metres of
frontage. These applications were previously tabled by the Durham Region Land Division
Committee in February of 2022, with an expiration of February 2024.
The subject application was circulated to the owner/applicant and interested parties. Any future
revisions to the previously submitted application will require a new circulation of public notice
before it is lifted from the table on a future agenda.
Staff recommend that the applications be tabled as per the recommendation noted in the
staff report.
M. Yaseen – presented the application on behalf of the owner and discussed the intended future
use of the property as a residential semi-detached dwelling.
Motion to table B2024-0007 as recommended by Brad Whittle, seconded by Dave Eastman.
Full text of Decision:
That application, B2024-0007, having reviewed and considered all the agency comments and
heard the oral submissions I hereby move that the application be tabled at the expense of the
applicant for up to two years, 24 months until no later than February 2026, a tabling fee of
$310.00 is payable online within 30 days of today’s meeting, failure to pay the required fee may
result in denial of the application.
Minutes-February 29, 2024 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 B2024-0007 on February 29th, 2024.
Committee Member Yes No Digital Signature
John Bate x
Dave Eastman x
Noel Gamble Absent
Shelley Pohjola x
Todd Taylor No Vote
Gord Wallace No Vote
Brad Whittle x
“Carried”
5. 5 Minute Recess
6. Declarations of Interest for Minor Variance Applications
“None”
7. Minor Variance Applications
7.1 File: A2023-0035
Owner: Steve Anderson
Agent: Michael Fry
Address: 6 Brown Street, Bowmanville
Application:
The purpose of the application is to support a land severance application (B 2024-0001) to
permit the construction of two single detached dwellings containing two additional dwelling
units (each on their own lot), with a reduction in lot frontage from 15 metres to 14 metres, and
a reduction in lot area from 460 square metres to 380 square metres, to reduce the minimum
interior side yard setback from 1.8m to 1.25m, to increase the maximum permitted height from
8.5m to 12.25m, to reduce the minimum required front yard setback that being the established
building line from 7.67m to 5.78m, to reduce the minimum required landscaped open space
from 40% to 23%, to reduce the minimum requirement of 1 parking space per additional
Minutes-February 29, 2024 Page 13
Committee of Adjustment Meeting
dwelling unit to 1 parking space per dwelling unit, and to have a separate entrance for the
additional dwelling unit situated within the front building façade, in addition to the principal
dwelling unit entrance.
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 Development Engineering, as they are not in support of the
application for the proposed parking reduction and that a stormwater management brief is
required to support the reduction in landscaped open space. Furthermore, Clarington Building
Division and Clarington Emergency and Fire Services Department did not have any further
comments and have no objection to the application.
No comments were received in opposition to the application from members of the public.
Staff recommends that application A2023-0035 for a minor variance to Section 12.2 (a) i) and
Section 12.2 (b) ii) of Zoning By-law 84-63 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 and Clarington Official Plan;
and that application A2023-0035 for a Minor Variance to Section 12.2.1b. ii) c),
Section 12.2.1 (e) ii), Section 12.2.1 (a) ii), Section 12.2.1 (d) i), Section 12.2 (d)
iv), Section 3.16 of Zoning Bylaw 84-63, amended by By-law 2021-082, and
Section 3.2e) of Bylaw 2021-082 amended by Zoning By-law 84-63; be tabled for
up to 6 months to allow for further discussion between staff and the applicant to
address various site design matters.
S. Pohjola – Question regarding approving part and tabling part of this Minor Variance,
rather than dealing with it all at the same time.
N. Gibson – Staff feel some of the variances are not appropriate at this time. There needs
to be further discussions on those variances between the applicant and staff.
S. Pohjola – In light of that I am recommending tabling the whole matter.
N.Gibson – The 2 variances for lot area and frontage speak to the LD application, in
support of the creation of 2 lots – those variances Staff recommend approval. The
remainder of the variances staff have concerns, we are recommending tabling those
variances for up to 6 months to allow the application and staff to have further discussions
on the site design.
B. Whittle – Confirm if they are splitting the vote into 2.
T. Taylor – We don’t have 2 applications before us, in my opinion we can deal with it as
one. I will defer to Planning.
N.Gibson – This application only speaks to lot area and lot frontage. The other variances
should be tabled for another meeting.
S. Pohjola – If the second tabling doesn’t resolve in a resolution, then the first
recommendation doesn’t really mean much.
Minutes-February 29, 2024 Page 14
Committee of Adjustment Meeting
N. Gibson – The intent of this variance is to support the Land Division application. This
will allow them to apply for future variances. This sole purpose of this variance is to serve
the current owner to sell and divide this property. The remainder of the variances are for
a future time when the new owner makes a new proposal.
D. Eastman – if we approve the first part – how does this affect the issue regarding
parking?
N. Gibson – This is the reason the remainder of the variances will be dealt with after
more discussion at a future time.
D. Eastman – do we need all the variances to go through in order for the Consent
Application to go through?
M. Jones – the only 2 variances that need to go through for the related consent
application are for the lot area reduction and the lot frontage. They are the only 2
variances needed for lot creation. Staff have concerns with the other variances, we have
told the applicant they will need to come back with some revisions to address all the
concerns regarding site design.
First motion to approve the variances for lot area and lot frontage for file A2023-0035 as
recommended by Shelley Pohjola, seconded by Dave Eastman.
Full text of Decision: “That application A2023-0035 for a minor variance to Section 12.2 (a) i)
and Section 12.2 (b) ii) of Zoning By-law 84-63 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 and Clarington Official Plan; and
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 A2023-0035 on February 29,
2024:
Committee Member Yes No Digital Signature
John Bate x
Dave Eastman x
Noel Gamble Absent
Shelley Pohjola x
Todd Taylor No Vote
Gord Wallace x
Brad Whittle x
“Carried”
Minutes-February 29, 2024 Page 15
Committee of Adjustment Meeting
Second motion to table the remaining variances for file A2023-0035 as recommended by Dave
Eastman, seconded by John Bate.
That application A2023-0035 for a Minor Variance to Section 12.2.1b. ii) c), Section 12.2.1 (e)
ii), Section 12.2.1 (a) ii), Section 12.2.1 (d) i), Section 12.2 (d) iv), Section 3.16 of Zoning Bylaw
84-63, amended by By-law 2021-082, and Section 3.2e) of Bylaw 2021-082 amended by
Zoning By-law 84-63; be tabled for up to 6 months to allow for further discussion between staff
and the applicant to address various site design matters.”
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 A2023-0035 on February 29,
2024:
Committee Member Yes No Digital Signature
John Bate x
Dave Eastman x
Noel Gamble Absent
Shelley Pohjola x
Todd Taylor No Vote
Gord Wallace x
Brad Whittle x
“Carried”
7.2 File Number: A-2024-0002
Owner/Agent: Lawson R. Gay
Staff: Nick Gibson
Address: 1697-1701 Highway 2
Lot: Part Lot 29 & 30
Conc.: CON 2
Application:
The purpose of the application is to permit a mixed-use building by reducing the required
parking rate of 1 space per apartment dwelling unit to 0.7 spaces per apartment dwelling unit,
by reducing the required length of the street façade from 30% to 24%, by reducing the
required front yard setback from 2 metres to 0 metres and by reducing the required loading
spaces from 3 to 2.
Minutes-February 29, 2024 Page 16
Committee of Adjustment Meeting
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 in opposition to the application from the public and internal
departments.
The public comments were received from several residents that live on Avondale Drive and the
surrounding area that are in opposition to the application. The following issues and concerns
from the residents in the area are as follows:
That the urban design of this development project does not fit with the character of the
neighbourhood which is mainly single detached dwellings and semi-detached dwellings; that
the current infrastructure is not equipped to handle the increased traffic, posing safety risks for
children, and creating stress for residents on Richard Gay Avenue and Avondale Drive; and
that Residents expressed that they would like to see the elimination of the Avondale Drive
entrance point to prevent negative impacts on the community's well-being, schools, and overall
safety of the neighbourhood. Furthermore, comments were also received in opposition to the
application from an internal agency (i.e.: Development Engineering).
Clarington Development Engineering is not in support of the variance for a reduction in required
parking and their comments were received as follows:
Clarington Development Engineering does not support a further reduction for parking from the
parameters outlined in the Secondary Plan. The justification for the reduction provided by the
applicant does not support for the reasons that were previously outlined to the applicant. That
being said, we recognize the importance of the development.
1. To mitigate the reduction in parking and future parking issues, we ask that the applicant
commit to the following:
2. On-going monitoring for the parking and if required, re-distribute the parking
appropriately; and to
3. Install a parking lay-by along the north boulevard on Avondale Drive. This will not make
up the loss of parking but will provide another option. This would need to be reviewed for
feasibility.
Development Engineering had no other objections to the remainder of the variances outlined in
the planning report. Additionally, Clarington Building Division and Clarington Emergency and
Fire Services Department did not have any comments or objections to the application.
Staff recommends that application A2024-0002 for a minor variance to Section 16.A4 of Zoning
By-law 84-63 to permit a mixed-use building by reducing the required parking rate of 1 space
per apartment dwelling unit to 0.7 spaces per apartment dwelling unit, by reducing the required
length of the street façade from 30% to 24%, by reducing the required front yard setback from
2 metres to 0 metres and by reducing the required loading spaces from 3 to 2 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 and Clarington Official Plan.
K. Aviles from NexTrans Consulting Engineers is here to speak on behalf of this application,
and I will turn it over to him to provide further comments. Thank you.
Minutes-February 29, 2024 Page 17
Committee of Adjustment Meeting
D. Meredith (Consultant) gave a brief summary of the proposal to the Committee including
consultation with staff, commenting agencies and made site plan changes.
S. Pohjola – Do you have a copy of the COA Planning report? Can you speak to item 6.8 on
page 9 of the Report and explain how there will be minimal adverse impacts on the parking.
How does the street parking support additional parking demands with respect to this
application?
D. Meredith – We do have a parking management plan that will be put in place as it relates to
this development. So for example, the Owner does manage the number of parking spaces that
are distributed to the tenants. Not every tenant will be allocated to have a parking space in this
development, approximately 50% of the units will have parking spaces allocated to future
residents. The owner has the ability to control and manage the parking on the premises of the
site and the development itself.
The second component of that is the developer or the Owner of the property has an internal
shuttle service so that they will be providing that as part of the development itself. So for
example, there will be a shuttle service that individual owners can register and sign up for.
S. Pohjola – With respect to the Transportation impact study, who was that conducted by? Was
it peer reviewed? And what are the similarities to those proxy sites to this development being
proposed?
D. Meredith – I will allow Kristian Aviles from NexTrans to speak on that.
K. Aviles – Nextrans prepared the study and was reviewed by staff. It was not peer reviewed
but reviewed by municipal staff. The resolution from municipal staff that we reached is that we
would be implementing transportation demand management measures on site that would help
to reduce the vehicle parking demand that’s expected.
S. Pohjola - With respect to the three proxy sites that were mentioned in the TIS report, what
are those sites and how are they similar to this development being proposed?
K. Aviles – The three sites that we chose were affordable seniors housing in Durham Region.
First site is 310 Mary Street East in Whitby, second site is located in Bowmanville at 165 King
Avenue East, and the third site is 1505 Bowmanville Avenue East.
Something that we took into consideration was the availability of transit within the area of the
proxy sites and is noted that the subject site has currently one transit route along Highway 2
that’s available within close proximity to the subject site. Additionally, we also took into
consideration the number of units of the proxy sites. Specifically, the proxy site in Whitby has
similar numbers to the development and the surrounding land use context. These sites are
generally surrounded by single story residential, single-family units.
S. Pohjola – In the Planning report it mentions that staff will be employed by the Seniors
residence. How many staff members will be there on site? Is it 24 hours availably?
D. Meredith - It is not a 24-hour availability and there will be a minimum of one staff person.
S. Pohjola – Is there staff parking allocated to that?
Minutes-February 29, 2024 Page 18
Committee of Adjustment Meeting
D. Meredith – Yes, they will have a parking space. Could I just respond to the engineering
comments in regard to them in not in support of the application. They made a comment that
they are not in support of the parking reduction, but there’s conditions for alternative measures
that we are agreed to. Those being the monitoring program for a three-year period post
development, the implementation of transportation demand management measures, and the
introduction of installing layby parking along Avondale Drive to alleviate and add some additional
parking.
S. Pohjola - How much more parking will the layby parking provide?
D. Meredith – 7 to 10 parking spaces.
D. Eastman – Did you talk to the building manager of the Newcastle proxy site to find out how
successful the parking really is?
K. Aviles – Yes, in addition to the three sites in Durham Region we also surveyed an additional
site owned and operated by the Owner of the proposed development. The site is in Cobourg
and the Owner was able to provide information to confirm that the parking management
measures are in place and effective. We also did conduct a survey on that site as well and it’s
on page 8 of the study addendum.
The observed demand was 0.63 spaces per unit and was below the one space per unit
requirement as outlined in the zoning by-law.
D. Eastman – What is the actual percentage of the units being allocated for affordable housing?
D. Meredith – 40% of the units will be allocated for affordable housing.
D. Eastman – You mentioned that some of the units won’t have a parking space. But if you have
60% of your building with cars, most people have two cars nowadays. In saying that, do you still
feel that it’s an adequate study for the parking reduction?
D. Meredith – It’s not so much about the study but the availability of tenants. When you enter
into a tenant agreement, that will stipulate whether or not you will have a parking space. So the
owner has complete control of allocating the number of parking spaces for the development as
there will need to be licensed and registered.
There is an ongoing monitoring program in terms of the use and implementation of the traffic
management to ensure that there’s no legal parking in those locations.
D. Eastman – I just have some concerns because engineering would be familiar with those sites
and they have concerns.
D. Meredith – In looking at sites within Oshawa and in Whitby for similar types of development,
the zoning permissions are 0.5 parking spaces for similar types of units and is adjacent to the
Municipalities and across the Region as parking standards.
T. Taylor - We’ll ask now that the applicants please be seated, and I would just to address that
there were 4 different types of residents’ comments and the Committee members have read
your written comments and reviewed them in advance of the meeting. Will any members of the
public who want to make comments please come forward or unmute and address the
Committee?
Minutes-February 29, 2024 Page 19
Committee of Adjustment Meeting
G. Kovacs (Resident at 188 Avondale Drive) - I think it’s crazy that the development proposal is
to build three buildings on that small property. With over 100 units, it’s going to be a nightmare
for the residents that live on Avondale Drive. There are many families with young children and
the parking and increased traffic will be a nightmare and we don’t want that.
Another comment I would like to make is that we never got the initial information when this
application was submitted, nobody knew on the street, and I would like to know what’s going
on. We got notice for this application last week and everyone was surprised.
T. Taylor -Nick, could you please clarify on the posting for the record?
N. Gibson - Under the Planning Act, the site plan does not require a public notice and the
signage was posted on February 15. There were 2 signs posted along Highway 2, and I asked
the applicant and Owner to move one of the signs to Avondale Drive so that residents could
probably see the sign.
G. Kovacs – So before February 15, you don’t need to place any signage on the property?
N. Taylor - Correct. There is no requirement to post the signage at the site plan proposal stage.
T. Phillip (Resident at 192 Avondale Drive) – There were many questions and concerns from
the residents on Avondale Drive. First concern is the street and the families and small kids in
the neighbourhood. I have a kid with a disability and just running around concerns me. When I
noticed the plan, there are three entrances to the buildings. One of the three mixed use buildings
has direct access to Avondale Drive and that is really concerning because there are small kids
that live all along that street. Additionally, with the entrances people may prefer the entrance off
of Highway 2 and not off of Avondale Drive with the traffic lights and with the additional entrance
off of Avondale Drive, it will bring more traffic congestion to the street and the neighbourhood.
Another concern is the reduction of the parking spaces. Street parking is legal, and most people
are going to park right on our street and will increase the amount of traffic and cars on our
street. Lastly, 130 + units is a lot of units proposed for such a small space. 130 units means
130 cars and the commercial units also require a lot of parking.
Most importantly, it’s not in sync with the neighbourhood and the surrounding land uses
containing single detached dwellings and these are my main concerns.
D. Eastman – People may try to park on your street, but there is a three-hour limit in Clarington
for on street parking so that may help alleviate the on street parking.
T. Phillip – But that also means that once three hours is up, I leave and then another person
could come and park there for another 3 more hours.
S. Pohjola - In terms of addressing this gentleman’s comments regarding the commercial
parking, whether staff or traffic consultant can speak to how the allocation is being done in
terms of parking.
N. Gibson – They are meeting the requirements for commercial parking.
T. Taylor – Hearing from no further comments from the Committee, can we proceed with a
motion?
Minutes-February 29, 2024 Page 20
Committee of Adjustment Meeting
Motion to approve for file A2024-0002 as recommended by Shelley Pohjola, seconded by Brad
Whittle.
Full text of Decision:
That application A2024-0002 for a Minor Variance to Section 16.A4 of Zoning By-law 84-63 to
permit a mixed-use building by reducing the required parking rate of 1 space per apartment
dwelling unit to 0.7 spaces per apartment dwelling unit, by reducing the required length of the
street façade from 30% to 24%, by reducing the required front yard setback from 2 metres to
0 metres and by reducing the required loading spaces from 3 to 2 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 and Clarington Official Plan.
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 A2024-0002 on February 29th, 2024:
Committee Member Yes No Digital Signature
John Bate x
Dave Eastman x
Noel Gamble Absent
Shelley Pohjola x
Todd Taylor No Vote
Gord Wallace x
Brad Whittle x
“Carried”
Minutes-February 29, 2024 Page 21
Committee of Adjustment Meeting
7.3 File Number: A-2024-0003
Owner/Agent: Wayne Best
Staff: Nick Gibson
Address: 1712 Nash Road
Lot: Part Lot 29
Conc.: CON 3
Application:
The purpose of the application is for Minor Variances to Section 12.4.33 b) and Section 12.4.33
a) to support a land severance application (LD 2023-034) to create two lots each for the future
construction of a semi-detached dwelling by reducing the required lot frontage from 18 metres
to 16 metres and reducing the required lot area from 720 square metres to 700 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.
No comments were received in opposition to the application from external agencies or internal
departments; and
No comments were received in opposition to the application from members of the public.
Staff recommend that application A2024-0003 for a minor variance to Section 12.4.33 b) and
Section 12.4.33 a) of Zoning By-law 84-63 to support a land severance application (LD 2023-
034) to create two lots each for the future construction of a semi-detached dwelling by reducing
the required lot frontage from 18 metres to 16 metres and reducing the required lot area from
720 square metres to 700 square 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 and Clarington Official Plan.
No questions or comments were received from members of the public.
No questions or comments were received from the committee members.
Wayne Best (Applicant) – Agreed with statements from Planning and gave a brief summary
of the application and proposal.
No questions from the Committee members on the application.
No public members in Chambers that wanted to speak on behalf of the application.
Chair Todd Taylor asked for a motion from the Committee.
Motion to approve for file A2024-0003 as recommended by Dave Eastman, seconded by
Shelley Pohjola.
Full text of Decision:
Minutes-February 29, 2024 Page 22
Committee of Adjustment Meeting
That application A2024-0003 for a minor variance to Section 12.4.33 b) and Section 12.4.33 a)
of Zoning By-law 84-63 to support a land severance application (LD 2023- 034) to create two
lots each for the future construction of a semi-detached dwelling by reducing the required lot
frontage from 18 metres to 16 metres and reducing the required lot area from 720 square
metres to 700 square 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 and Clarington Official Plan
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 A2024-0003 on February 29th, 2024:
Committee Member Yes No Digital Signature
John Bate x
Dave Eastman x
Noel Gamble Absent
Shelley Pohjola x
Todd Taylor No Vote
Gord Wallace x
Brad Whittle x
“Carried”
7.4 File Number: A-2024-0004
Owner/Agent: Rekker’s Gardens
Staff: Nick Gibson
Address: 3104 Concession Road 4
Lot: Part Lot 1 & 2
Conc.: CON 4
Application:
The purpose of the minor variance application is to permit the expansion of a greenhouse by
increasing the lot coverage from 5% to 15%.
Minutes-February 29, 2024 Page 23
Committee of Adjustment Meeting
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.
No comments were received in opposition to the application from members of the public.
Staff recommend that application A2024-0004 for a minor variance to Section 6.3 d) of Zoning
By-law 84-63 to permit the expansion of a greenhouse by increasing the lot coverage from 5%
to 15% 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 and the
Clarington Official Plan.
No questions or comments were received from members of the public.
No questions or comments were received from the committee members.
Richard Rekker (Applicant) – Gave a brief summary of the proposal to the Committee and
provided some justification for the requested increase to lot coverage for 15%.
Motion to approve for file A2024-0004 as recommended by Shelley Pohjola, seconded by
Dave Eastman.
Full text of Decision:
That application A2024-0004 for a Minor Variance to Section 6.3 d) of Zoning By-law 84-63 to
permit the expansion of a greenhouse by increasing the lot coverage from 5% to 15% 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 and the Clarington Official
Plan.
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 A2024-0004 on February 29th, 2024:
Committee Member Yes No Digital Signature
John Bate x
Dave Eastman x
Noel Gamble Absent
Shelley Pohjola x
Todd Taylor No Vote
Minutes-February 29, 2024 Page 24
Committee of Adjustment Meeting
Gord Wallace x
Brad Whittle x
“Carried”
7.5 File Number: A-2024-0006
Owner/Agent: Paul Halminen
Staff: Nick Gibson
Address: 50 James Street East
Lot: Lot 28
Conc.: Con 1
Application:
The purpose of the application is to permit a single detached dwelling with a reduced rear
yard depth of 6 metres whereas Zoning By-law 84-63 requires a rear depth of 7.5 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.
No comments were received in opposition to the application from external agencies or
internal departments.
No comments were received in opposition to the application from members of the public.
Staff recommends that application A2024-0006 for a minor variance to Section 12.2 d. iv) of
Zoning Bylaw 84-63 to permit a single detached dwelling with a reduced rear yard depth of 6
metres whereas Zoning By-law 84-63 requires a rear depth of 7.5 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 and Clarington Official Plan.
No questions or comments were received from members of the public.
No questions or comments were received from the committee members.
Paul Halminen (Applicant) – gave a brief summary of the proposal to the Committee.
Dave Eastman – I believe there has been previous minor variance applications on this
property. Could you please confirm this?
Nick – Yes that is correct. There were applications in the past to reduce the exterior side yard.
Dave Eastman – Will the house and driveway front onto Beaver Street?
Nick – Yes that is correct.
Minutes-February 29, 2024 Page 25
Committee of Adjustment Meeting
No further questions from Committee members. No members of the public wish to speak on
behalf of the application.
Motion to approve for file A2024-0004 as recommended by Shelley Pohjola, seconded by John
Bate.
Full text of Decision:
That application A2024-0006 for a minor variance to Section 12.2 d. iv) of Zoning Bylaw 84-
63 to permit a single detached dwelling with a reduced rear yard depth of 6 metres whereas
Zoning By-law 84-63 requires a rear depth of 7.5 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 and Clarington Official Plan.
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 A2024-0006 on February 29th, 2024:
Committee Member Yes No Digital Signature
John Bate x
Dave Eastman x
Noel Gamble Absent
Shelley Pohjola x
Todd Taylor No Vote
Gord Wallace x
Brad Whittle x
“Carried”
8. Adoption of Minutes of Previous Meeting
Motion to adopt minutes from November 30th, 2023, Committee of Adjustment Meeting was
moved by Dave Eastman, Seconded by John Bate,
“That the minutes of the Committee of Adjustment, held on November 30th, 2023,
be approved.”
“Carried”
Minutes-February 29, 2024 Page 26
Committee of Adjustment Meeting
9. Other Business
“None”
10. Adjournment
Last Date of Appeal for tonight’s consent applications: March 20th, 2024
Last Date of Appeal for tonight’s minor variance applications: March 20th, 2024
Next Meeting: March 28th, 2024
Moved by Brad Whittle, Seconded by Dave
Eastman. “That the meeting adjourned.”
“Carried”
The Corpora�on 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
Decision of the Committee of Adjustment
Owners/Applicants: Steve Anderson / Michael Fry Property Location: 6 Brown Street File Number: A2023-0035
Purpose: A minor variance application to reduce the minimum interior side yard setback from 1.8 meters to 1.6 meters, to increase the maximum permitted height from
8.5 metres to 11.8 metres, to reduce the rear yard setback from 7.5 metres to 6.56 metres, and to permit the proposed entrance for the additional dwelling unit to be located at the front of the detached dwellings, whereas the required location of the entrance for the additional dwelling unit is at the rear or side of a single detached dwelling.
Decision: That application A2023-0035 for a minor variance to Section 12.2.1 b. ii) a) c) to reduce the minimum interior side yard setback from 1.8 metres to 1.6 metres, Section 12.2.1 e. ii) to increase the maximum permitted height from 8.5 metres to 11.8 metres, Section 12.2. d. iv) to reduce the rear yard setback from 7.5 metres to 6.56 metres, and Section 3.2 e) of Zoning By-law 84-63 to permit the proposed entrance for the additional
dwelling unit to be located at the front of the detached dwellings, whereas the required location of the entrance for the additional dwelling unit is at the rear or side of a single detached dwelling be approved subject to the following condition:
a) That the applicant provides a Stormwater Management Brief prepared by a qualified professional and preliminary lot grading plan that is to the satisfaction of
the Development Engineering Division prior to issuing a building permit;
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 and the Clarington Official Plan.
Moved by: Gord Wallace
Seconded by: Shelley Pohjola
The matter was then put to a vote and carried as follows:
Committee Yes No Committee Yes No
Todd Taylor X Gord Wallace X
The Corpora�on 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 2
Acting Secretary-Treasurer: Nicklaus Gibson
Date of Decision: April 25th, 2024 Last Day of Appeal: May 15th, 2024
If this information is required in an alternate format, please contact the Accessibility Coordinator at 905-623-3379 ext. 2131.
The Corporation of the Municipality of Clarington
By-law 2024-032
Being a By-law to amend By-law 84-63 and By-law 2005-109.
Whereas the Council of the Corporation of the Municipality of Clarington deems it
advisable to amend By-law 84-63 and By-law 2005-109;
Now Therefore Be It Resolved That, the Council of the Corporation of the Municipality of
Clarington enacts as follows (*note: Bold text represents an addition to the text and text
with a strikethrough represents deleted text):
1. By-law 84-63 is amended as set out in Sections 3 through 5 of this By-law.
2. By-law 2005-109 is amended as set out Sections 6 through 7 of this By-law.
3. By-law 84-63 is amended by deletion of the definition of “Landscaped Openspace” in
Section 2 and replacing it with the following:
“Landscaped Openspace An open unobstructed space from ground to sky on a lot which is used exclusively for landscaping and used to enhance the visual amenity of a lot and/or to provide a screen to mitigate any aspects that may
detrimentally affect abutting lots. The area shall contain any combination of horticultural elements such as grass, flowers, shrubs, bushes, or trees, and may also contain architectural elements such as decorative stonework, planters, or screening. The area shall be located at the finished grade of a lot. The term landscaped area includes any surfaced walks,
surfaced patios, deck of not more than 0.2m above finished grade, storm water management pond, swimming pool, decorative pool or pond, or similar areas, but shall not include any driveway, ramp (whether surfaced or not), curb, parking lot, delivery space, loading space, or any space below, within or on top of a building or structure, or any lands zoned
Environmental Protection (EP).”
a) By-law 84-63 is amended by the addition of the following definition to Section 2:
“Soft Landscaping” The portion of a lot comprised of any combination of flowers, grass, shrubs, sod, trees or other horticultural elements and that is not covered
by impervious surfaces. It must not include any buildings or structures, any hard surface areas such as, but not limited to, driveways, parking lots, decorative stonework, walkways, patios, screening or other landscape architectural elements.”
b) By-law 84-63 is amended by the addition of the following definition to Section 2:
“Farm Building” A building or part thereof which does not contain a residential occupancy or a habitable room for human occupancy, and which is associated with and located on land devoted to the practice of farming and used essentially for the housing of equipment or livestock, or the production,
storage or processing of agricultural and horticultural produce or feeds, or manure storage and anaerobic digester. These types of buildings include but limited to barns, silos, pole barn, drivesheds, manure storages, anaerobic digesters greenhouses, fruit and vegetable storage buildings. A
farm building is not the same as an accessory structure or buildings that is secondary to the principal residential building.”
4. By-law 84-63 is amended by deletion of Section 3.11.c) and replacing it with the following:
"Home occupations are permitted within any legally permitted single detached, semi-detached or townhouse dwelling except in the Environmental Protection (EP) Zone, the Residential Mobile Home Park (RM) Zone, and the Residential Estate (RE) Zone. The following regulations apply to dwelling units wherein a home occupation is permitted”.
5. By-law 84-63 is amended by deletion of Section 3.16.c.iii) and replacing it with the following:
"Parking spaces provided in the front yard for detached, semidetached and/or townhouse units must not reduce the minimum soft landscaping within the front yard or exterior side yard below 40 percent”.
6. By-law 2005-109 is amended by the deletion of the definition of “Landscaped Area” in Section 3 and replacing it with the following:
“Landscaped Area An open unobstructed space from ground to sky on a lot which is used
exclusively for landscaping and used to enhance the visual amenity of a lot and/or to provide a screen to mitigate any aspects that may detrimentally affect abutting lots. The area shall contain any combination of horticultural elements such as grass, flowers, shrubs, bushes, or trees, and may also contain architectural elements such as decorative stonework, planters, or
screening. The area shall be located at the finished grade of a lot. The term landscaped area includes any surfaced walks, surfaced patios, deck of not more than 0.2m above finished grade, storm water management pond, swimming pool, decorative pool or pond, or similar areas, but shall not include any driveway, ramp (whether surfaced or not), curb, parking lot,
delivery space, loading space, or any space below, within or on top of a building or structure, or any lands zoned ‘EP-Environmental Protection.’”
a) By-law 2005-109 is amended by the addition of the following definition in Section 3:
“Farm Building A building or part thereof which does not contain a residential occupancy or a habitable room for human occupancy, and which is associated with and located on land devoted to the practice of farming and used essentially for the housing of equipment or livestock, or the production, storage or processing of agricultural and horticultural produce or feeds, or
manure storage and anaerobic digester. These types of buildings include but limited to barns, silos, pole barn, drivesheds, manure storages, anaerobic digesters greenhouses, fruit and vegetable storage buildings. A farm building is not the same as an accessory structure or buildings that is secondary to the principal residential building.”
7. By-law 2005-109 is amended by deletion of Section 4.7.1 a) and replacing it with the
following:
“Landscaped Area shall mean an open unobstructed space from ground to sky on a lot which is used exclusively for landscaping and used to enhance the visual amenity of a lot and/or to provide a screen to mitigate any aspects that may
detrimentally affect abutting lots. The area shall contain any combination of horticultural elements such as grass, flowers, shrubs, bushes, or trees, and may also contain architectural elements such as decorative stonework, planters, or screening. The area shall be located at the finished grade of a lot. The term landscaped area includes any surfaced walks, surfaced patios, deck of not more
than 0.2m above finished grade, storm water management pond, swimming pool, decorative pool or pond, or similar areas, but shall not include any driveway, ramp (whether surfaced or not), curb, parking lot, delivery space, loading space, or any space below, within or on top of a building or structure, or any lands zoned ‘EP-Environmental Protection.’”
8. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act.
_____________________________________
_____________________________________
Planning and Infrastructure Services Committee of Adjustment
Minor Variance
Summary of Comments Submitted A-2026-0021
4578 Fices Road, Darlington
Municipal Departments / External Agencies Comment
Development Department
Municipality of Clarington
Committee of Adjustment
A-2026-0021 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: June 25, 2026
File Number: A-2026-0021
Address: 4578 Fices Road, Darlington
Report Subject: A minor variance to facilitate the construction of a personal workshop to store the owners personal vehicles, boat, and heavy equipment by increasing the total accessory floor area (maximum) from 90 square metres to 112 square metres.
Recommendations:
1. That the Report for Minor Variance Application A-2026-0021 be received;
2. That all written comments and verbal submissions are considered in the deliberation of this application;
3. That application A-2026-0021, for a Minor Variance to Section 3.1.c. by increasing the total accessory floor area (maximum) from 90 square metres to 112 square metres to facilitate the construction of a personal workshop to store the owner’s personal vehicles, boat, and heavy equipment, be approved, subject to the following conditions:
a. that the owners remove all existing accessory structures on the subject property, and
b. that the owners submit a grading plan as part of a building permit application.
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.
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-2026-0021 Page 3
1. Application Details
1.1 Owner: Dave and Sandy Brittain
1.2 Applicant: Dave and Sandy Brittain
1.3 Proposal: A minor variance application to facilitate the construction of a
personal workshop to store the owner’s personal vehicles,
boat, and heavy equipment by increasing the total accessory
floor area (maximum) from 90 square metres to 112 square
metres.
Plan Designation: "Rural"
1.9 Secondary Plan
Designation N/A
1.10 Heritage Status: N/A
1.11 Water, Sewage and
Storm Servicing:
Well, septic, ditches/swale
Municipality of Clarington
Committee of Adjustment
A-2026-0021 Page 4
Figure 1: Property Location Map
Municipality of Clarington
Committee of Adjustment
A-2026-0021 Page 5
2. Background
2.1 On May 14, 2026, Planning Staff received an application for Minor Variance from the
owners of 4578 Fices Road. One (1) Minor Variance is required to facilitate the construction of the accessory structure. The variance is to increase the maximum total
accessory floor area from 90 square metres to 112 square metres.
2.2 The Minor Variance will facilitate the construction of a personal workshop to store the
owner’s personal vehicles, boat, and heavy equipment. The owner is aware that the
storage and work on motor vehicles, recreational vehicles, and equipment shall be for personal use only.
2.3 On October 1, 2015, the Committee of Adjustment approved a minor variance (X-Reference: A2015-0054) to permit the increase of the maximum building height for an
accessory building from 4.0 metres to 4.8 metres. The intent of the minor variance in
2015 was to relocate the existing attached garage, however the owners did not relocate as the area of the garage would not be large enough for the proposed use. A new
detached accessory structure with an increase in total accessory floor area is required to accommodate the owner’s hobby cars, boat, and equipment. The proposed height of
the accessory structures, as shown on the submitted plans is 4.73 metres (See
Attachment 2). As the Committee previously approved a variance to increase the height of an accessory structure, a variance to the maximum height is not required as
part of application A2026-0021 as the relief from that provision has already been granted.
3. Land Characteristics and Surrounding Uses
3.1 The subject property is located at 4578 Fices Road in Darlington (See Figure 1). The property’s lot area is approximately 0.81 hectares.
3.2 The surrounding uses are as follows:
a. South – Rural residential with single detached dwellings and accessory structures
b. North- Rural residential with single detached dwellings and accessory structures
c. East – Agricultural; and,
d. West – Agricultural
4. Public Notice and Submissions
4.1 Pursuant to the requirements of the Planning Act, the appropriate signage notifying of
the application was installed on the subject lands. In addition, the appropriate notice was mailed to each landowner within 60 metres of the subject site.
Municipality of Clarington
Committee of Adjustment
A-2026-0021 Page 6
4.2 At the time of writing this report, Staff have received two comments from members of the public. The nature of the comments was questions on the size and location of the
proposed building and the current state of the existing single detached dwelling.
5. Discussion
Maintain the general intent and purpose of the Clarington Official Plan
5.1 The subject property is designated “Rural” within Clarington’s Official Plan. Rural
residential uses, including accessory structures, are permitted within the “Rural”
designation.
5.2 The proposed variance to increase the total accessory floor area maximum from 90
square metres to 112 square metres maintains the existing and permitted residential use of the land.
5.3 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 of the Zoning By-law
5.4 The subject property is zoned “Agricultural (A)” within Zoning By-Law 84-63. As the property is under 2 hectares in size, the zoning only permits one single detached dwelling and accessory structures. This application seeks to facilitate the construction of
a personal workshop as an accessory structure to the existing single detached dwelling.
5.5 Within the Zoning By-law, total accessory floor area is the summation of the floor area of
all accessory structures on a property. The intent and purpose of total accessory floor area maximum is to ensure that accessory structures remain secondary to the principal
dwelling.
5.6 The proposed variance to increase the total accessory floor area maintains the existing primary residential use of the land. As the proposed accessory structure is for personal
use only, no new non-residential uses are being proposed on the land.
5.7 There are two existing sheds on the subject property. The owner has indicated there are
intentions to remove the structures as they are in disrepair. To ensure the total
accessory floor area maximum does not exceed 112 square metres, the removal of the two existing sheds is required prior to the issuance of a building permit.
5.8 For the above-stated reasons, it is Staff’s opinion that the Minor Variance requested maintained the general intent and purpose of Zoning By-law 84-63.
Municipality of Clarington
Committee of Adjustment
A-2026-0021 Page 7
Desirable for the appropriate development or use of the land, building or structure
5.9 The permitted use for the subject property is rural residential consisting of one single
detached dwelling and accessory structures. The owners intend to use the proposed personal workshop to store and work on their motor vehicles, recreational vehicle (i.e., boat), and other equipment.
5.10 The definition of recreational vehicles includes boats. Section 3.16.m.ii of the Zoning By-law permits the storage or parking of recreational vehicles within a permitted
accessory structure. The Zoning By-law does not regulate a maximum number of motor vehicles parked or stored on the subject lands beyond the required two outdoor parking spaces for the single detached dwelling. The owner currently stores and parks multiple
motor vehicles, a boat, and other equipment in the open of the interior side yard (See Attachment 3).
5.11 The proposed variance to increase the total accessory floor area from 90 square metres to 112 square metres will allow for some of the motor vehicles, recreational vehicle, and/or equipment to be stored and worked on in an enclosed structure. Having the
vehicles in an enclosed structure will enhance the streetscape and visual appeal from the street line.
5.12 It is Staff’s opinion that the Minor Variance requested is desirable for the use of the land and building as it will enhance the streetscape.
Minor in Nature
5.13 In determining if the variances are minor, Staff note the test is not simply a question of numbers or a calculation. This concept of "minor" allows for a flexible approach to the test, with the potential impact on the surrounding neighbourhood being measured from a qualitative perspective rather than a quantitative perspective. It is understood each variance will be assessed individually, with interpretations based on the unique
circumstances of each application.
5.14 No additional variances are required to facilitate the proposed accessory structure. The
(A) Zone permits a total lot coverage of 30% for residential uses and 10% maximum lot coverage for accessory structures. The total lot coverage proposed for all buildings and structures is 4.7%. The proposed accessory structure also maintains the minimum 30%
landscaped open space requirement.
5.15 The proposed accessory structure complies with all required setbacks. As a reduction to
the setbacks is not required for the accessory structure, an appropriate buffer is maintained between adjacent properties which mitigates privacy and shadowing impacts on neighbouring properties.
5.16 In conversation with Planning Staff on the requested variance, the owner indicated they may change the proposed location at the building permit stage. As the subject property
is 2 acres in size, there are no concerns of impacts on adjacent properties or the existing neighbourhood should the owner revise the location of the garage at the building permit stage.
Municipality of Clarington
Committee of Adjustment
A-2026-0021 Page 8
5.17 It is Staff’s opinion that the proposal is minor in nature as it does not change the use of the land or have a negative impact on the neighbourhood, and it represents a moderate
increase to the permitted provisions of Zoning By-law 84-63.
6. Conclusion
6.1 Based on Staff’s review of the requested Minor Variance, the application 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.
6.2 Given the above comments, Staff recommend that:
Minor Variance Application A2026-0021 for variances to Section 3.1.c of Zoning By-law 84-63 to facilitate the construction of a personal workshop to store the owners’ personal vehicles, boat, and heavy equipment by increasing the total accessory floor area
(maximum) from 90 square metres to 112 square metres be approved, subject to the
following conditions:
a. that the owners remove all existing accessory structures on the subject property, and
b. that the owners submit a grading plan as part of a building permit application.
Submitted by:
Ainsley Johnston
Acting Secretary-Treasurer Committee of Adjustment at the Municipality of Clarington
Concurrence:
This report has been reviewed by Andrew Payne, MCIP, RPP, Principal Planner, who concurs
with the recommendations.
Staff Contact: Ainsley Johnston, Planner I, (905) 623-3379 x 2438 or
AJohnston@clarington.net.
Attachments
Attachment 1: Site Plan
Attachment 2: Elevation Drawings
Municipality of Clarington
Committee of Adjustment
A-2026-0021 Page 9
Attachment 3: Aerial Image of Existing Storage and Parking of Vehicles on the Subject Property
Attachment 4: Clarington Development Engineering Comments
Attachment 5: Clarington Building Division Comments
Attachment 6: Clarington Public Works Department Comments
Attachment 7: Clarington Emergency & Fire Services Comments
Attachment 8: Durham Region Works Department Comments
Interested Parties:
Brian and Tracey Smith
The following interested parties will be notified of Committee's decision:
Brian and Tracey Smith
PROPOSED NEW 30' x 40' PERSONAL WORKSHOP
EXISTING ASPHALT DRIVEWAY
EXISTING DWELLING
PROPERTY LINE
PROPERTY LINE
FI
C
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S
R
D
26
'
-
0
"
(
7
.
9
3
m
)
268'-0 1/4" (81.69m)
10
9
'
-
0
3
/
8
"
(
3
3
.
2
3
m
)
96'-8" (29.46m)
ZONING BY-LAW REGULATIONS:
LOT COVERAGE:MAX % = 10%EXISTING % = 3.3%PROPOSED PROPERTY ADDITION % = 1.4%TOTAL % = 4.7%
FLOOR AREA:MAXIMUM = 90 m2
PROPOSED = 111.48 m2 (MINOR VARIANCE REQUIRED)
MINIMUM SETBACKS: FRONT LINE: 15m REAR 1.2mINTERIOR SIDE: 1.2m
PROPOSED SETBACKS: FRONT LINE: 67.06mREAR: 81.69m INTERIOR SIDE: 7.93m & 33.23m
BUILDING HEIGHT (SEE ELEVATIONS):MAXIMUM = 5m PROPOSED = 4.73m
220'-0" (67.06m)
SETBACK LINES
3'-
1
1
1
/
4
"
(
1
.
2
m
)
49'-2 1/2" (15m)
3'
-
1
1
1
/
4
"
(
1
.
2
m
)
3'-11 1/4" (1.2m)
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SETBACK LINES
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EXISTING GRAVELDRIVEWAY
PROPOSED NEW PERSONAL WORKSHOP
SCALE:
DESIGN BY:
DRAWN BY:
PROJECT NO:
DATE:
SHEET NO:AG
JM
AS NOTED
26-05-095
DRAWING TITLE:
CLIENT:N.S. CUSTOM CONTRACTING INC.
PROJECT:
4578 FICES ROAD L1E 0K1CLARINGTON, ON.
DAVE & SANDY BRITTAIN 30' x 40' WORKSHOP
STAMP:
This drawing is an instrument of service and is the property of Waddell Engineering Ltd. and cannot be modified and/or reproduced without the permission of Waddell Engineering Ltd.
RE
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www.waddelleng.com
Phone: 519-267-6789Fax: 1-866-388-9659info@waddelleng.com
119 PINEBUSH RD, UNIT CCAMBRIDGE, ONN1R 7J8
2022/12/30
S0.1
SITE PLAN
1" = 40'-0"
SITE PLAN
1" = 100'-0"
KEYPLAN
N
S
E
W TRU
E
T/O FLOOR0"
T/O FDN.2'-0"
U/S TRUSS12'-4 1/2"8"8"
PREFIN. METAL ROOFING(PER OWNER)
PREFIN. METAL CLADDING(PER OWNER)
CONCRETE FOUNDATION
PREFIN. METAL FASCIA, EAVESTROUGH & VENTED SOFFIT. (PER OWNER).
GRADE2'
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0
"
10
'
-
4
1
/
2
"
64" x 40"64" x 40"64" x 40"64" x 40"
12
'
-
4
1
/
2
"
8'-
4
"
T/O FLOOR0"
T/O FDN.2'-0"
U/S TRUSS12'-4 1/2"8"8"
PREFIN. METAL FASCIA, EAVESTROUGH & VENTED SOFFIT. (PER OWNER).
GRADE
PREFIN. METAL ROOFING(PER OWNER)
PREFIN. METAL CLADDING(PER OWNER)
CONCRETE FOUNDATION
10
'
-
4
1
/
2
"
2'-
0
"
12
'
-
4
1
/
2
"
36
"
x
8
0
"
H
64" x 40"64" x 40"64" x 40"64" x 40"
36
"
x
8
0
"
H
8'
-
4
"
T/O FLOOR0"
T/O FDN.2'-0"
U/S TRUSS12'-4 1/2"
PREFIN. METAL FASCIA, EAVESTROUGH & VENTED SOFFIT. (PER OWNER).
GRADE
8"8"
4
12
4
12
PREFIN. METAL CLADDING(PER OWNER)
CONCRETE FOUNDATION
10
'
-
4
1
/
2
"
2'
-
0
"
12
'
-
4
1
/
2
"
9'-0" x 10'-0" H 9'-0" x 10'-0" H
15
'
-
6
1
/
8
"
(
4
.
7
3
m
)
16
'
-
4
7
/
8
"
(
5
m
)
MID HEIGHT OF ROOF
MAX HEIGHT OF ROOF PER BY-LAW
T/O FLOOR0"
T/O FDN.2'-0"
U/S TRUSS12'-4 1/2"8"8"
4
12
4
12PREFIN. METAL FASCIA, EAVESTROUGH & VENTED SOFFIT. (PER OWNER).
GRADE
PREFIN. METAL CLADDING(PER OWNER)
CONCRETE FOUNDATION
10
'
-
4
1
/
2
"
2'-
0
"
12
'
-
4
1
/
2
"
1/8" = 1'-0"
NORTH ELEVATION
1/8" = 1'-0"
SOUTH ELEVATION
1/8" = 1'-0"
EAST ELEVATION
1/8" = 1'-0"
WEST ELEVATION
UPO CALCULATIONS:MIN. 0.6m LIMITING DISTANCE AS PER 9.10.14.5.(4)
SCALE:
DESIGN BY:
DRAWN BY:
PROJECT NO:
DATE:
SHEET NO:AG
JM
AS NOTED
26-05-095
DRAWING TITLE:
CLIENT:N.S. CUSTOM CONTRACTING INC.
PROJECT:
4578 FICES ROAD L1E 0K1CLARINGTON, ON.
DAVE & SANDY BRITTAIN 30' x 40' WORKSHOP
STAMP:
This drawing is an instrument of service and is the property of Waddell Engineering Ltd. and cannot be modified and/or reproduced without the permission of Waddell Engineering Ltd.
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www.waddelleng.com
Phone: 519-267-6789Fax: 1-866-388-9659info@waddelleng.com
119 PINEBUSH RD, UNIT CCAMBRIDGE, ONN1R 7J8
2022/12/30
S3.0
BUILDING ELEVATIONS
UPO CALCULATIONS:MIN. 0.6m LIMITING DISTANCE AS PER 9.10.14.5.(4)
UPO CALCULATIONS:MIN. 0.6m LIMITING DISTANCE AS PER 9.10.14.5.(4)UPO CALCULATIONS:MIN. 0.6m LIMITING DISTANCE AS PER 9.10.14.5.(4)
MAXIMUM HEIGHT OF STRUCTURE AS PER ZONING BY-LAW: 5m (16'-4 7/8")PROPOSED HEIGHT OF STRUCTURE: 4.73m (15'-6 3/8")
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 personal
workshop to store the owner’s personal vehicles, boat, and heavy equipment by
increasing the total accessory floor area (maximum) from 90 square metres to 112
square 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:
• The proposed structure shall not have any adverse effect to 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.
Karen Richardson, P.Eng.
Manager of Development Engineering,
KR/AKA
To: Ainsley Johnston, Planner I
From: Karen Richardson, Manager of Development Engineering
Date: June 10, 2026
Subject: Minor Variance Application A2026-0021
File: Applicant: Dave and Sandy Brittain.
Address: 4578 Fices Road, Darlington
From:Brendan Grigg
To:Committee of Adjustment (SM)
Subject:Re: Committee of Adjustment: A-2026-0021 4578 Fices Road - June 25, 2026 Meeting
Date:June 15, 2026 2:56:02 PM
Attachments:image001.png
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:Brett Novak
To:Committee of Adjustment (SM)
Subject:RE: Comment Reminder RE: Committee of Adjustment: A-2026-0021 4578 Fices Road - June 25, 2026 Meeting
Date:June 9, 2026 10:41:24 AM
Attachments:image001.png
Hi Elissa,
No comments.
Thanks,
Brett Novak, C.Tech.
Manager of Roads
Public Works
Municipality of Clarington
40 Temperance Street, Bowmanville ON L1C 3A6905-623-3379 ext. 2909 | 1-800-563-1195
www.clarington.net
From:Grant Young
To:Committee of Adjustment (SM)
Subject:2026-C-Misc23 (A-2026-0021) - 4578 Fices Road, Clarington - Regional Works Comments
Date:June 16, 2026 11:43:32 AM
Attachments:image.pngimage.pngimage.pngimage.pngimage.png
EXTERNAL
Hello,
Regional Works has reviewed the above noted minor variance application and we have no
objection or conditions to be imposed upon the further processing of this application.
Thankyou
Grant Young C.E.T. | Works Technician 2
Development Approvals
The Regional Municipality of Durham
grant.young@durham.ca | 905-668-4113 extension 2479 | durham.ca
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