HomeMy WebLinkAbout2026-08-27Committee of Adjustment Meeting
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Thursday, August 27, 2026
Time: 6:30pm
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Agenda
1.Call the meeting to Order
2.Land Acknowledgement
3.Declaration of Interest and Opening Statements
4.Consent Applications to be heard:
File Number: B-2026-0011
Owner/Agent: Lynda Farrow
Staff: Hebah Masood
Address:18 Rose Crescent
5.5 Minute Recess
6.Declaration of Interest
7.Minor Variance Applications to be heard:
File Number: A-2025-0010 and A-2025-0011
Owner/Agent: Lynda Farrow
Staff: Hebah Masood
Address: 18 Rose Crescent
File Number: A-2026-0016
Owner/Agent: Bonica Leung, Tribute
Staff: Nicklaus Gibson
Address: 2212 Trulls Road
File Number: A-2026-0017
Owner/Agent: Bonica Leung, Tribute
Staff: Nicklaus Gibson
Address: 1588 Bloor Street
File Number: A-2026-0030
Owner/Agent: Alexander and Jessica Bek
Staff: Nicklaus Gibson
Address: 8287 Allin Road
File Number: A-2026-0033
Owner/Agent: Benan Hanoudi
Staff: Nicklaus Gibson
Address: 12 Fourth Street
File Number: A-2026-0034
Owner/Agent: Nicholas Swerdfeger, Barry Bryan Associates
Staff: Sarah Gattie
Address: 222 King Street, Bowmanville
8.New Business
9.Approve Minutes from the previous Committee of Adjustment meeting
10. Adjournment
Planning and Infrastructure Services
Committee of Adjustment
Consent
Summary of Comments
Submitted B-2025-0011
18 Rose Crescent, Newtonville
Municipal Departments / External Agencies Comment
Clarington Building Division No concerns, building permit
required
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 No objection, subject to fulfillment
of conditions – See Attachment 3
Hydro One No concerns – See Attachment 4
Municipality of Clarington
Committee of Adjustment Page 2
B2025-0011
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Coordinator at 905-623-3379 ext. 2131.
Date of Meeting: August 27, 2026
File Number:
Address:
B-2025-0011
18 Rose Crescent, Newtonville
Report Subject: Application B2025-011 is seeking consent to facilitate the creation of a
new 2,448.5 square metre rural residential lot with a lot frontage of 48.02
metres (Part 2 on the draft reference plan) while retaining a 2,447.3
square metre rural residential lot with a lot frontage of 59.88 metres (Part
1 on the draft reference plan). The proposed severed parcel will support
the creation of a single detached dwelling while the retained parcel will
keep the existing single detached dwelling and existing accessory
buildings. Applications B2025-0011, A2025-0010 and A2025-0011 were
tabled in April 2026 for a period of one year to allow for the peer review of
a Hydrogeological Study, which has now been completed.
Recommendations:
1.That the Report for Consent file B2025-0011 be received.
2.That all written comments and verbal submissions are considered in the deliberation
of this application.
3.That application B2025-0011 for consent be approved subject to the conditions
herein.
4.That all interested parties listed in this report be forwarded a copy of the
Committee’s decision.
Municipality of Clarington
Committee of Adjustment Page 3
B-2025-0011
1. Application Details
1.1 Owner: Jan Choi and Ryan Farrow
1.2 Agent: Jan Choi and Lynda Farrow
1.3 Proposal: Application B2025-011 is seeking consent to facilitate the
creation of a new 2,448.5 square metre rural residential lot
with a lot frontage of 48.02 metres (Part 2 on the draft
reference plan) while retaining a 2,447.3 square metre
rural residential lot with a lot frontage of 59.88 metres
(Part 1 on the draft reference plan). The proposed severed
parcel will support the creation of a single detached
dwelling while the retained parcel will keep the existing
single detached dwelling and existing accessory buildings.
Applications B2025-0011, A2025-0010 and A2025-0011
were tabled in April 2026 for a period of one year to allow
for the peer review of a Hydrogeological Study, which has
now been completed.
Plan Designation: Hamlet
Designation: Hamlet
Regional water and septic system
Municipality of Clarington
Committee of Adjustment Page 4
B-2025-0011
– Lands Subject to Consent Application
Municipality of Clarington
Committee of Adjustment Page 5
B-2025-0011
2. Background
2.1 On February 28, 2025, Planning Staff received a Consent Application and Minor
Variance Application from the agent of 18 Rose Crescent, Newtonville. The
proposed application is to facilitate the creation of a new rural resident lot. The
intention of the applicant/owner is to sell the proposed severed parcel (see
Figure 1 above and Figure 2 below). A clearer version of the survey shown in
Figure 2 is within Attachment 5 of this report.
2.2 This application is in conjunction with Minor Variance Applications A2025-0010
and A2025-0011. The Minor Variance Applications propose to reduce the
minimum lot area from 4000 square meters to 2448.5 square meters on the
severed lot and to reduce minimum lot area from 4000 square meters to 2447.3
square meters on the retained lot. The approval of these minor variance
applications is a condition of approval for this consent application B2025-0011.
2.3 The subject property as it is today, contains an existing accessory building, but
no principal dwelling. The proposal intends to retain this accessory building on
the newly created retained lot. Zoning By-law 84-63 does not permit accessory
buildings on lots that do not contain a principal dwelling. The applicant/owner has
provided an affidavit to demonstrate legal non-conforming status of the existing
accessory building, which existed prior to the passing of the former zoning by-
law, Clarke By-law 1592, on May 28,1968 (see Attachment 6). The applicant is
entitled to retain the existing accessory building on the lot without a dwelling.
2.4 During a site visit conducted by Staff on April 10, 2025, it was observed that a
shipping container was being stored at the rear of the accessory building on the
subject property. According to Section 3.1.h) of Zoning By-law 84-63, shipping
containers are not permitted to be used as accessory structures or stored on
properties within the Municipality of Clarington. The owner confirmed the
shipping container was removed in August 2025.
2.5 At the Committee of Adjustment Meeting on April 24, 2025, both the above noted
minor variance applications and this consent application were tabled for a period
of up to one year at the request of Durham Region Community Growth and
Economic Development Department to conduct a peer review of the
Hydrogeological study (see Attachment 7 and Attachment 8). The application is
back before the Committee as the peer review has now been completed.
Municipality of Clarington
Committee of Adjustment Page 6
B2025-0011
Figure 2
Municipality of Clarington
Committee of Adjustment Page 7
B-2025-0011
3.Land Characteristics and Surrounding Uses
3.1 The subject property is located Southeast of Highway 2 on the north side of Rose
Crescent. (See Figure 1). The subject property is 4,895.80 square metres in area
and has 107.9 metres of lot frontage.
3.2 The property is an unusual trapezoid shape that has an area of is 0.49 hectares
(1.2 acres). The lot depth is 35.63 metres on the west side and 55.71 on the east
side. The lot frontage is 107.9 metres along Rose Crescent.
3.3 The surrounding uses are as follows:
•South – Rural Residential lots with single detached dwellings, Agricultural
Farmlands and Highway 401;
•North- Rural Residential lots with single detached dwellings, commercial
lands (i.e., Newtonville Country Store and a restaurant), and Agricultural
Farmlands;
•East – Rural Residential lots with single detached dwellings; and
•West – Rural Residential lots with single detached dwelling, Lakeview
Cemetery, and Agricultural Farmlands.
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. This
application was tabled on April 23, 2026 for a period of up to one year. New
signage was installed and additional mailouts were sent out in advance of
the August 27, 2026 meeting.
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
Municipality of Clarington
Committee of Adjustment Page 8
B2025-0011
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).
6.Durham Region Official Plan (Envision Durham)
6.1 The subject property is designated Hamlet, a type of Rural Settlement within the
Durham Regional Official Plan (Envision Durham). According to Section 6.5 of
Envision Durham one of the objectives of Rural Settlements is to “Support the
rural character and cultural heritage of existing Rural Settlements while
permitting limited growth through infilling.” The proposal is facilitating infill within a
hamlet.
6.2 It is Staff’s opinion that the consent application conforms to the intent and
purpose of Envision Durham.
7. Clarington Official Plan
7.1 The subject property is designated “Hamlet” within the Clarington Official Plan.
7.2 The proposal for a new residential lot with a single 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 are satisfied that this
application will not result in scattered
residential development.
Municipality of Clarington
Committee of Adjustment Page 9
B2025-0011
b)Ribbon development along arterial
roads 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.
c)Severances shall meet the
requirements of the Region of
Durham (The Region) and
applicable provincial agencies,
regarding the provision of sewage
disposal and water services, and
may include entering into an
agreement with the Region.
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 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 will 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 and in
keeping with the character of the
surrounding neighbourhood.
Section 12.4.5 of the Clarington Official
Plan specifically discusses Hamlets within
Newtonville. It notes that lot sizes may be
reduced if engineering studies show that
“the soil and groundwater conditions can
support reduced lot sizes without
contaminating soil or groundwater.”
The applicants have submitted a
Hydrogeological Assessment prepared by
Cambium in 2024 and peer reviewed by
the Region of Durham and RJ Burnside.
This assessment demonstrates the
smaller lot sizes can be accommodated.
The approval of Minor Variance
Municipality of Clarington
Committee of Adjustment Page 10
B2025-0011
bring the proposal into conformity with
Zoning By-Law 84-63 is a condition of
approval for this consent application.
Planning Staff are satisfied that this
application for consent conforms to the
provisions of Zoning By-law 84-63,
subject to the approval of A2025-0010
and A2025-011.
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 will 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 Not applicable.
Municipality of Clarington
Committee of Adjustment Page 11
B2025-0011
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
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.
Municipality of Clarington
Committee of Adjustment Page 12
B-2024-0028
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 “Residential Hamlet (RH)” within Zoning By-Law
84-63.
8.2 The proposed single detached dwelling is a permitted use within the RH zone.
8.3 The approval of Minor Variance applications A2025-0010 and A2025-0011 to
permit reduced lot sizes and bring the proposal into conformity with Zoning By-
Law 84-63 is a condition of approval for this consent application, as noted in
Section 9 of this report.
8.4 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 A2025-0010 and
A2025-0011.
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 the
Development Engineering letter dated July 9, 2026 (Attachment 1).
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 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
Municipality of Clarington
Committee of Adjustment Page 13
B2025-0011
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.
5.All taxes shall be paid in full to the Municipality of Clarington prior to the issuance
of a clearance letter.
6.Once all other conditions have been satisfied, the applicant shall engage their
solicitor to provide the Municipality with:
a.The original executed transfer/deed a duplicate original and one (1)
photocopy;
b.One copy of the registered reference plan;
c.An accompanying letter with a request that the severing transfer/deed be
stamped.
Section 2: Planning Requirements
7.Agent/Owner is required to submit a copy of the registered transfer deed.
8.To ensure the consent application complies with the Zoning By-law 84-63, this
application is conditional upon the approval of Minor Variance Application A2025-
0010 and A2025-0011.
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.
Section 3: Durham Region Requirements
10.That the applicant satisfies all the requirements of the Region of Durham,
financial and otherwise as detailed in the Region of Durham letter dated June 25,
2026 (Attachment 3).
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.
Municipality of Clarington
Committee of Adjustment Page 14
B2025-0011
Prepared by:
Hebah Masood
Acting Secretary-Treasurer, Committee of Adjustment
Planning and Infrastructure Services
Municipality of Clarington
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 – Durham Region Comments
Attachment 4 – Hydro One Comments
Attachment 5 – Draft Survey
Attachment 6 – Affidavit
Attachment 7 – April 2026 Staff Report for A2025-0010 and A2025-0011
Attachment 8 – April 2026 Staff Report for B2025-0011
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.
Applicant is seeking consent to facilitate the creation of a new 0.24 hectares (0.59
acres) rural residential lot with a lot frontage of 48.02 metres (Part 2 on the draft
reference plan) while retaining a 0.24 hectares (0.59 acres) rural residential lot with
a lot frontage of 59.88 metres (Part 1 on the draft reference plan). The proposed
severed parcel will support the creation of a single detached dwelling while the
retained parcel will keep the existing single detached dwelling and existing
accessory buildings. Development Engineering have no objection to this proposal.
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:
Grading and Drainage
The applicant/owner must provide as part of the Building Permit, 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. It must also include any erosion and
sediment control measures required during construction. The Grading Plan will be
subject to the approval of the Deputy CAO.
These lands are not serviced with municipal sanitary sewer services. The applicant
must depict the locations of the proposed septic, and reserve septic beds. The
location of the septic services will be subject to the approval of the Municipality
and the Region of Durham Health Unit.
To: Hebah Masood, Planner II
From: Karen Richardson, Manager of Development Engineering
Date: July 09, 2026.
Subject: Minor Variance Application B2025- 0011
File: Applicant: Lynda Farrow
Address: 18 Rose Cresent, Newtonville
Part Lot 08, Concession 01, Former Township of Clarke
Attachment 1
B2025-0011 / A2024-0010/0011
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
The applicant should install LIDs on-site to mitigate the increased surface runoff
resulting from additional impervious surfaces.
Entrance Permit
The applicant/owner must apply for an Entrance Permit to facilitate the
construction of an entrance from the subject property to Rose Crescent 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.
Municipal Road Occupancy
The following notes must be provided on all applicable drawings:
“Respecting all work in the municipal right-of-way, the contractor is to provide at
least 48 hours prior notice to the Clarington 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 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 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
B2025-0011 / A2024-0010/0011
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
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
Every effort must be made to minimize the importing and exporting of material.
Should Site Alteration Works be necessary, in advance of the approval of the
future consent, a permit is required from the Municipality under Site Alteration By-
law 2024-017, as amended, and from the conservation authority for a regulated
area under their jurisdiction. Securities may be required.
The applicant must demonstrate compliance with Ontario Regulation 406/19 and
the MECP Rules for soil management and excess soil quality standards for
development beginning on/or after January 1, 2023. The applicant shall confirm
whether works completed to date (i.e., sampling completed through ESAs and
Geotechnical Investigations) are in compliance with and/or satisfy the
requirements of the Regulation.
Should Site Alteration Works be necessary, as part of the development process, a
Soils Management Report is required prepared by a Professional Engineer and
submitted to the Deputy CAO of Planning and Infrastructure Services for approval.
The applicant will be responsible to meet all current excess soil regulations.
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.
Karen Richardson, P.Eng.
Manager of Development Engineering
KR/JA
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, 40 Temperance Street, Bowmanville, ON L1C 3A6
1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net
To: Planning and Infrastructure Services
From: Emergency and Fire Services - Fire Prevention
Date: Mar 17, 2026
Subject: EFS Review Complete
File: B-2025-0011
This memo is to provide comments from the Clarington Emergency and Fire Services,
Fire Prevention Division regarding the above noted file. The review has been completed
and the below comments have been made regarding it:
No fire safety concerns.
Regards,
--
Jeff Norris
Fire Inspector
Emergency and Fire Services - Fire Prevention
JNorris@Clarington.net
(905) 623-3379 e 2809
Attachment 2
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
June 25, 2026
Hebah Masood
Planner II, Development Review
Planning and Infrastructure Services
Municipality of Clarington
40 Temperance Street
Bowmanville ON L1C 3A6
Re: Application for Consent B-2025-0011
Durham Ref.: LD 033/2025
Applicant: Lynda Farrow
Location: 18 Rose Crescent, Newtonville
Municipality: Clarington
Hearing Date: TBD
RECOMMENDATION:
That the application B-2025-0011 be approved, subject to the
following conditions:
1. That the applicant satisfies all the requirements of the Regional
Municipality of Durham concerning the provision of Regional
services, financial and otherwise.
2. The dug well on the retained lot must be properly abandoned as
per the Ministry of the Environment Conservation and Parks’
Regulation 903.
3. A copy of the well abandonment record must be provided the
Health Department.
PURPOSE OF APPLICATION
The applicant has submitted a Consent application for the purpose of
creating a new severed and retained lot on the subject lands.
The subject property is located within the Hamlet of Newtonville, within
the Municipality of Clarington. The existing property has a total area of
4,895.8 square metres and contains a single detached garage and a
driveway.
The applicant is proposing a severance to create a 2,447.3 square metre
retained lot containing the existing garage, and a 2,448.5 square metre
severed lot. No development is immediately proposed for either lot,
however, both the severed and retained lots would be suitable for future
development of single detached homes. Any potential new homes would
be serviced by municipal water and private sanitary systems.
Attachment 3
B-2025-0011
-2-
REGIONAL COMMENTS
Background
The Region previously provided comments on this application on
April 22, 2025.
In these previous comments, the Region recommended that the
application be deemed premature until a Peer Review of the
applicant’s Hydrogeological Study (which was prepared by Cambium
Inc.) confirmed that the proposed severance application would not
result in adverse impacts to groundwater quality, to the Region’s
satisfaction.
Development Advisory Services
Development Advisory Services staff, in collaboration with Durham
Region Health Department staff, conducted a Peer Review of the
applicant’s Hydrogeological Study using consultants from RJ
Burnside & Associates Limited.
Peer Review comments on the Hydrogeological Study from RJ
Burnside were first provided on October 29, 2025. These comments
indicated that further information and revisions were required to the
study.
Following additional discussion, a revised submission was provided
by Cambium on April 20, 2026. This revised submission addressed
the earlier comments made by the Region’s staff and RJ Burnside.
On June 16, 2026, RJ Burnside completed Peer Review comments
on this revised submission from Cambium. In their comments on the
revised submission, RJ Burnside confirmed that they are satisfied
that all concerns have been addressed.
The Hydrogeological Study and subsequent submissions from
Cambium were deemed to be acceptable on the understanding that
all new houses on the severed and retained lot are connected to
municipal water services, and that the existing dug well on the
subject property be decommissioned. Conditions of Approval have
been added to ensure that these requirements are completed.
Works Department
Please be advised that our department has no objection to the
granting of approval for the above noted severance application.
B-2025-0011
-3-
According to our records, 18 Rose Crescent is not connected to
Regional Services. 18 Rose Crescent is located within the Region’s
urban boundary and the severed and retained parcels will be
required to connect to the Region’s water supply network as a
condition of approval of this application. The Region’s sanitary sewer
network is not available and private sanitary servicing will be
required.
Two new water service connections will need to be installed by
Regional forces within the right-of-way, to the property line of the
severed lots.
New water connections in this area are subject to water rights
charges, a payment of $6000 will be required for payment of water
rights to permit each new water service connection. In addition to the
water rights charges, the applicant will be required to enter into a
water rights agreement to register the buy in rights to the property.
As a condition of approval for this application, the applicant will be
required to pay the Regional connection fees for the new water
services.
In order to ensure the foregoing, the Works Department requires that
Condition 1, as noted in the Recommendation section above, be
imposed on the Consent application.
To satisfy the Regional Works Department conditions, the applicant
will be required to fulfill the following:
1. Payment for two water service connections at $3,885.00 per
connection (flat rate): $7,770.00
2. Payment for Newtonville water rights at $6000.00 per property:
$12,000.00
The total amount owing at the current rate is $19,770.00. Payment
shall be made by certified cheque or credit card.
The above fees are subject to revision on January 1, 2025.
Regional connection permits will be issued to the applicant once the
above payment is remitted to our department.
The severed land will be subject to Regional development charges at
the time of building permit issuance.
B-2025-0011
-4-
The Region of Durham will not permit the connection of weeping tiles
to the sanitary sewer system for the severed lands in accordance
with the Region’s Foundation Drain Policy.
In the event you have any questions, please contact Grant Young, at
grant.young@durham.ca
CONCLUSION
The proposed Consent applications will facilitate the creation of two
new lots, which are each intended for development with new
detached homes.
The Region has no objection to approval of these applications,
subject to fulfillment of the required Conditions of Approval, as listed
above.
Yours truly,
Jacob Slevin
Jacob Slevin,
Planner
cc: Grant Young, Works Department
Lesley Kennedy, Health Department
From:LANDUSEPLANNING
To:Committee of Adjustment (SM)
Subject:CLARINGTON - 18 ROSE CRES - B2025-0011
Date:August 17, 2026 2:02:55 PM
EXTERNAL
Hello,
We are in receipt of your Application for Consent, B2025-0011 dated 2026-07-24. We have reviewed the documents
concerning the noted Plan and have no comments or concerns at this time. Our preliminary review considers issues
affecting Hydro One’s 'High Voltage Facilities and Corridor Lands' only.
For proposals affecting 'Low Voltage Distribution Facilities’ the Owner/Applicant should consult their local area
Distribution Supplier.
To confirm if Hydro One is your local distributor please follow the following link: Stormcentre (hydroone.com)
Please select “Search” and locate the address in question by entering the address or by zooming in and out of the map.
If you have any further questions or inquiries, please contact Customer Service at 1-888-664-9376 or e-mail
CustomerCommunications@HydroOne.com to be connected to your Local Operations Centre
If you have any questions please feel free to contact Land Use Planning.
Thank you,
Land Use Planning Department
Hydro One Networks Inc.
Email: LandUsePlanning@HydroOne.com
Attachment 4
Attachment 5
Attachment 6
Planning and Infrastructure Services
Committee of Adjustment
Consent
A2025-0010 & A2025-0011
18 Rose Crescent, Newtonville
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Date of Meeting: April 23, 2026
File Number: A2025-0010 and A2025-0011
Address: 18 Rose Crescent, Newtonville, ON
Report Subject: A minor variance application to reduce the minimum lot area from 4000
square meters to 2448.5 square meters on the severed lot and to reduce
minimum lot area from 4000 square meters to 2447.3 square meters on
the retained lot in the associated consent application (B2025-0011).
B2025-0011, A2025-0010 and A2025-0011 were tabled in April 2025 for a
period of one year to allow for the peer review of a Hydrogeological Study,
which is still underway. As such, staff will be recommending this
application be tabled again for a period of up to one year.
Recommendations:
1.1. That the Report for Consent Application B2026-0002 be received;
1.2. That all written comments and verbal submissions are considered in the deliberation of
this application;
1.3. That minor variance applications A2025-0010 and A2025-0011, be tabled for a period
of up to one year and no later then April 2027 to allow for the peer review of the
Hydrogeological Study to be completed.
1.4. That all interested parties listed in this report be forwarded a copy of the Committee’s
decision.
Attachment 7
Municipality of Clarington
Committee of Adjustment
A-2025-0010 and A-2025-0011 Page 2
1. Application Details
1.1 Owner:
1.2 Proposal:
area from 4000 square meters to 2448.5 square meters
on the severed lot and to reduce minimum lot area from
4000 square meters to 2447.3 square meters on the
retained lot in the associated consent application (B2025-
0011). B2025-0011, A2025-0010 and A2025-0011 were
tabled in April 2025 for a period of one year to allow for
the peer review of a Hydrogeological Study, which is still
underway. As such, staff will be recommending this
application be tabled again for a period of up to one year.
Designation:
Designation:
Municipality of Clarington
Committee of Adjustment
A-2025-0010 and A-2025-0011 Page 3
Figure 1 – Lands Subject to Consent Application
Municipality of Clarington
Committee of Adjustment
A-2025-0010 and A-2025-0011 Page 4
2.Background
2.1 On February 28, 2025, Planning Staff received a Consent Application and Minor
Variance Application from the agent of 18 Rose Crescent, Newtonville. The proposed
application is to facilitate the creation of a new rural resident lot. The intention of the
applicant/owner is to sell the proposed severed parcel (see Figure 2).This application is
in conjunction with a land division file B2025-0011.
2.2 At the Committee of Adjustment Meeting on April 24, 2025, both the above noted minor
variance applications and this consent application wer e tabled for a period of up to
one year at the request of Durham Region Health and Durham Region Community
Growth and Economic Development Department to conduct a peer review of the
Hydrogeological study. This peer review is still underway. As such, s taff are
recommending this application be re-tabled for a period of up to one year to allow for
the peer review to be completed. 2.3 The subject property as it is today, contains an existing accessory building, but no
principal dwelling. The proposal intends to retain this accessory building on the newly
created retained lot. However, Zoning By-law 84-63 does not permit accessory buildings
on lots that do not contain a principal dwelling. Furthermore, accessory
buildings/structures are accessory to a principal residential use and are not permitted by
the Zoning By-law to be on a rural residential property unless a dwelling existed on the
subject property. As a condition of the consent application, the applicant/owner will be
required to demonstrate legal non-conforming of the existing accessory building was in
existence prior to the passing of the former zoning by-law, Clarke By-law 1592, on May
28,1968 in order to retain the existing accessory building on the lot without a dwelling.
2.4 During a site visit conducted by Staff on April 10, 2025, it was observed that a shipping
container was being stored at the rear of the accessory building on the subject property.
According to Section 3.1.h) of Zoning By-law 84-63, shipping containers are not
permitted to be used as accessory structures or stored on properties within the
Municipality of Clarington. The owner confirmed the shipping container was removed in
August 2025.
2.5 The applicant has shared email correspondence with staff regarding the timeline of the
Hydrogeological Study peer review. The applicant also met with Staff on April 8, 2026 to
provide an update and has actively been working with staff to prove legal non-
conforming status of the accessory structure.
3. Land Characteristics and Surrounding Uses
3.1 The subject property is located Southeast of Highway 2 on the north side of Rose
Crescent (See Figure 1). The subject property has an area of 4,895.80 square metres
and lot frontage of 107.9 metres. The surrounding uses are as follows:
Municipality of Clarington
Committee of Adjustment
A-2025-0010 and A-2025-0011 Page 5
• South – Rural Residential lots with single detached dwellings, Agricultural
Farmlands and Highway 401;
• North- Rural Residential lots with single detached dwellings, commercial lands
(i.e., Newtonville Country Store and a restaurant), and Agricultural Farmlands;
• East – Rural Residential lots with single detached dwellings; and
• West – Rural Residential lots with single detached dwelling, Lakeview Cemetery,
and Agricultural Farmlands.
5. Public Notice and Submissions
5.1 Pursuant to the requirements of the Planning Act, the appropriate signage notifying of
the application was installed on the subject lands. In addition, a public notice was
mailed to each landowner within 60m of the subject lands. This application was tabled
on April 24, 2025 for a period of up to one year. New signage was installed and
additional mailouts were sent out in advance of the April 23, 2026 meeting.
5.2 At the time of writing this report, Staff have not received any written letters of
opposition regarding the proposal.
6. Conclusion
6.1 That minor variance applications A2025-0010 and A2025-0011, be tabled for a
period of up to one year and no later then April 2027 to allow for the peer review of
the Hydrogeological Study to be completed.
Submitted by:
Hebah Masood
Acting Secretary-Treasurer
Committee of Adjustment at the Municipality of Clarington
Concurrence:
This report has been reviewed by Sarah Gattie, MCIP, RPP, Principal Planner of Development
Review, who concurs with the recommendations.
Staff Contact: Hebah Masood, Planner II, (905) 623-3379 x2437 or hmasood@clarington.net
Attachments:
Attachment 1: Meeting Minutes from April 24, 2025, Committee of Adjustment Meeting
Interested Parties:
N/A
Minutes and Decisions of the Committee of Adjustment
Corporation of the Municipality of Clarington
As per: The Planning Act, and in accordance with
the Provincial Rules of Procedure
Thursday, April 24, 2025
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 Parish Secretary-Treasurer
Hebah Masood Acting Secretary-Treasurer
Akibul Hoque Acting Secretary-Treasurer
Ainsley Johnston Planner
Jacob Circo Acting Secretary-Treasurer
Todd Taylor Chair
Dave Eastman Member
Shelley Pohjola Member
Brad Whittle Member
Absent with Regrets: Wendy Partner, Noel Gamble, Gord Wallace
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”.
4. Swearing in of Ainsley Johnston as Acting Secretary-Treasurer
Minutes –April 24, 2025 Page 2
Committee of Adjustment Meeting
Moved by Dave Eastman Seconder: Shelley Pojhola
Committee
Member
Yes No
Wendy Partner Absent
Dave Eastman
Noel Gamble Absent
Shelley Pohjola
Todd Taylor
Gord Wallace Absent
Brad Whittle
Passed at 6:36 pm.
5. Consent Applications:
4.1 File Number: B-2025-0011
Owner/Agent: Ryan and Lynda Farrow
Staff: Jacob Circo
Address: 18 Rose Cres., Newtonville
Application:
1. The first application before the Committee this evening is File B2025-0011 for 18 Rose
Crescent, Newtonville.
2. The purpose of Consent Application B2025-0011 is to seek consent to facilitate the
creation of a new 2,448.5 square metre rural residential lot with a lot frontage of 48.02
metres (Part 2 on the draft reference plan) while retaining a 2,447.3 square metre rural
residential lot with a lot frontage of 59.88 metres (Part 1 on the draft reference plan). The
proposed severed parcel will support the creation of a single detached dwelling.
3. Public notification was conducted in accordance with the Planning Act which included
signage being installed on the subject site and a mail out to all property owners within 60
metres of the subject site. Please note that the purpose of consent application on the
signage and mailout indicated that the proposed retained parcel contains an existing
single detached dwelling, this is a clerical error as there is no single detached dwelling
on the proposed retained parcel except an existing accessory building and shipping
container. The purpose of the consent application has been revised in the Staff Report.
Minutes –April 24, 2025 Page 2
Committee of Adjustment Meeting
4. At the time of writing the staff report, no comments were received in support or
opposition from the applicant from members of the public.
5. Comments were received from external agencies and internal departments. The
Regional Health Department comments noted that they require a peer review by one of
the Region’s Peer Review Consultants of the Hydrogeological Study to be conducted, to
the Regional Municipality of Durham and Municipality of Clarington’s satisfaction.
6. Based on the Regional Health comments, staff recommend tabling of the consent
application for a period of up to one (1) year and no later than April 2026.
Discussion:
No members of the public spoke regarding this application.
The agent, Lynda Farrow, 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.
Chair T Taylor deferred a question to staff from L Farrow.
L Farrow asked a question to Planning Staff – The Region informed me that I had 2
years to complete this, and Clarington Staff are saying 1 year?
J Circo responded – Correct, the consent application is recommended to be tabled
for 1 year to address the peer review request by the Regional Municipality of Durham
for the hydrogeological study that you had submitted with your consent application.
L Farrow asked a question to Planning Staff – What about the environmental site
assessment that I am working on getting completed for the consent application?
J Circo responded – At this time, the Municipality is not requiring that you have 1
year to have your environmental site assessment study done, the consent application
is only being tabled for 1 year to address the peer review request by the Regional
Municipality of Durham for the hydrogeological study that you had submitted with
your consent application, to be done at the satisfaction of the Municipality of
Clarington and Regional Municipality of Durham Health Department.
Motion to approve B-2025-0011 as recommended by Committee Member Brad
Whittle, seconded by Committee Member Dave Eastman. Approved at 6:42 P.M.
Full text of Decision:
“That application B2025-0011 be tabled, as per the recommendations of Regional
Municipality of Durham’s Community Growth & Economic Development Department and
Health Department (letter dated April 22, 2025) for up to one (1) year and no later than
April 2026”.
The matter was then put to a vote and was carried out as follows, signed by all members
present and concurring that this is the Committee Decision on B-2025-0011 on April 24,
2025.
Minutes –April 24, 2025 Page 2
Committee of Adjustment Meeting
Committee
Member
Yes No
Wendy Partner Absent
Dave Eastman
Noel Gamble Absent
Shelley Pohjola
Todd Taylor
Gord Wallace Absent
Brad Whittle
“Carried”
4.2 File Number: B-2025-0012 and B-2025-0013
Owner/Agent: Jonah & Luke Szent-Ivany
Staff: Jacob Circo
Address: 5 Lynwood Avenue, Courtice
Application:
1. The second and third applications before the Committee this evening are Files B2025-
0012-to-B2025-0013 for 5 Lynwood Avenue, Courtice.
2. The purpose of the consent applications B2025-0012-to-B2025-0013 is to seek consent
to facilitate the creation of two new residential lots. Part 1 of the draft reference plan is
the retained parcel with a lot frontage 21.34 metres and a lot area of 682.8 square
metres. The proposed severed parcels include Parts 2 and 3 of the draft reference plan.
Part 2 has a lot frontage of 12.19 metres and a lot area of 390.08 square metres. Part 3
has a lot frontage of 12.19 metres and a lot area of 390.08 square metres. The existing
single detached dwelling and accessory buildings on the subject property will be
demolished.
3. Public notification was conducted in accordance with the Planning Act which included
signage being installed on the subject site and a mail out to all property owners within 60
metres of the subject site.
4. No comments were received in opposition to the application from external agencies or
internal departments.
Minutes –April 24, 2025 Page 2
Committee of Adjustment Meeting
5. At the time of writing this report, Staff have received a letter from a neighbor in opposition
to the consent and minor variance applications. Concerns were related to the lot sizes
and the impact on their property.
6. Staff recommends that consent applications B2025-0012-to-B2025-0013 be approved
subject to the conditions noted in the staff report.
Discussion:
D LeBlanc spoke in opposition to both consent applications.
D LeBlanc shared concerns regarding the proposed parceling of two properties
adjacent to their home. The resident noted that the area in question
encompasses the backyard of the neighboring property and runs alongside their
own home. They stated that, based on grandfathered zoning rights—particularly
relating to 5 Lynwood Avenue—no additional housing was permitted to be
developed on the subject property. This restriction was reportedly due to existing
sewer infrastructure along the property's frontage on Lynwood Avenue.
D Eastman asked a question to Staff – Based on D Hickey’s comments, can
Staff comment on the sewers that run along Lynwood Avenue, and clarify if there
is holding on the zoning on the subject property?
J Circo responded – Yes, water and sanitary servicing is available off the portion
of the property having frontage along Westmore Street to service the proposed
retained and severed parcels. Furthermore, there is no holding symbol on the
zoning of the property. Our Development Engineering Division has no concerns
with regards to the proposed consent applications from an
infrastructure/servicing standpoint.
Luke and Jonah Szent-Ivany 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-2025-0012 and B-2025-0013 as recommended by Committee
Member Shelley Pojola, seconded by Committee Member Brad Whittle. Time
approved: 6:51 P.M.
Full text of Decision:
“That consent applications B2025-0012 and B2024-0013 be approved subject to the
conditions in the staff report
Minutes –April 24, 2025 Page 2
Committee of Adjustment Meeting
Conditions of Approval:
Section 1: General
1. That the applicant satisfies all the requirements of the Municipality of Clarington’s
Development Engineering Department, financial and otherwise as detailed in the
Development Engineering letter, dated March 31, 2025.
2. That the applicant satisfies all the requirements of the Regional Municipality of
Durham’s Health Department, concerning the provision of regional services,
financial and otherwise as detailed in the Regional Community Growth & Economic
Development Department letter, dated April 22, 2025.
3. That the applicant satisfies all the requirements of the Regional Municipality of
Durham’s Works Department, concerning the provision of regional services,
financial and otherwise as detailed in the Regional Works Department letter, dated
April 22, 2025.
4. The owner, applicant or agent must enter into a consent agreement with the
Municipality of Clarington.
5. 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.
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 minor variance application to seek approval
from the Committee of Adjustment for a reduction in the minimum required lot area
and lot frontage as per Section 12.4.32 of Zoning By-law 84-63 for the proposed two
severed parcels. In order to clear this condition, the minor variance application is to
be approved and become final and binding after a 20-day mandatory appeal period.
9. 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.
Minutes –April 24, 2025 Page 2
Committee of Adjustment Meeting
10. The applicant shall remove the dwelling and accessory buildings or structures from
the proposed retained and severed lots.
11. 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.
12. The agent/owner is required to remit payment of the outstanding Region of Durham
Health Department commenting fee of $915. Furthermore, the agent/owner is
required to have septic system be removed at the satisfaction of the Municipality of
Clarington and Region of Durham Health Department prior to the registration of the
consent agreement.
13. The agent/owner is required to have all 3 proposed lots to be connected to municipal
water and municipal sanitary services prior to the registration of the consent agreement
at the satisfaction of the Municipality of Clarington and Region of Durham Works
Department.
14. The Owner shall provide a cash-in-lieu of parkland payment in accordance with Section
53(12.1) and (13) of the Planning Act and the Municipality of Clarington’s Parkland
Dedication By-law and is based on the value of the lands on the day before the
issuance of the first building permit. The value of the lands shall be supported by a
certified land appraisal, to the satisfaction of the Deputy CAO of Planning and
Infrastructure Services.
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-2025-0012 and B-2025-
0013 on April 24, 2025.
Committee
Member
Yes No
Wendy Partner Absent
Dave Eastman
Minutes –April 24, 2025 Page 2
Committee of Adjustment Meeting
Noel Gamble Absent
Shelley Pohjola
Todd Taylor
Gord Wallace Absent
Brad Whittle
“Carried”
6. Minute Recess @ 6:52 P.M. and the meeting resumed at 6:57 P.M.
7. Declaration of Interest for Minor Variance Applications
None
8. Minor Variance Applications
7.1 File: A-2025-0003, A-2025-0004 and A-2025-0005
Owner/Agent: Craig Noftle
Staff: Akibul Hoque
Address: 287 Liberty St. N, Bowmanville
Application:
1. The purpose of the application is to facilitate the creation of semi-detached dwelling lots
by reducing minimum lot area, minimum lot frontage, and increasing rear balcony
projections as follows:
a. A2025-0003- A2025-0004: To reduce minimum lot area from 550 square metres
to 411.20 square metres, to reduce minimum lot frontage from 18 metres to 15.58
metres, and to increase the rear balcony projection from 1.5 metres to 2.35
metres (Lot 1 and Lot 2-Parts 1, 2,3,4);
b. A2025-0005: To reduce minimum lot area from 550 square metres to 435.3
square metres, to reduce minimum lot frontage from 18 metres to 16.54 metres,
and to increase the rear balcony projection from 1.5 metres to 2.20 metres (Lot 3-
Parts 5 and 6).
Minutes –April 24, 2025 Page 2
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. No comments were received in opposition to the application from external agencies or
internal departments.
4. Comments were received in opposition to the application from members of the public.
The concerns are related to balcony projections and privacy.
5. Staff recommend that applications A2025-0003, A2025-0004 & A2025-0005 for a Minor
Variance to Section 12.2.a.ii), Section 12.2.b.ii) and Section 3.1.g.iv) of Zoning By-law
84-63 be approved.
Discussion:
A member of the public spoke in opposition to the proposal.
C. Henry (speaking on behalf of his father)- He is concerned with the lot frontages and
increased balcony projections. He is concerned that there are single family homes situated
behind 287 Liberty Street, and the proposed balconies would cause privacy concerns.
C. Noftle spoke and provided an overview of the application. The owner/owner states that
they have read and agreed to the conditions of the Staff’s recommendation.
C. Noftle: Regarding the balcony projections concerns, with all due respect, these
projections are intended to provide a bit more space for the upper units. Given that the
properties are semi-detached dwellings with accessory units in the basement, the goal is
simply to provide more room for the future residents.
D Eastman to applicant: Are there additional dwelling units proposed for these semi-
detached dwellings? Are the balconies proposed on the second or third floor?
C. Noftle: Correct, additional dwelling units (ADUs) are proposed in the basement of the
semi-detached dwellings, and the balconies are proposed on the second floor.
B. Whittle to Staff: Are height variances required for these proposals?
A. Hoque: No height variances are required for these proposals at this time.
Motion to approve A-2025-0003, A-2025-0004 and A-2025-0005 as recommended by
Shelley Pohjola, seconded by Dave Eastman. Time approved 7:11pm.
Minutes –April 24, 2025 Page 2
Committee of Adjustment Meeting
Full text of Decision:
A minor variance application to facilitate the creation of semi-detached dwelling lots by
reducing minimum lot area, minimum lot frontage, and increasing rear balcony projections
as follows: A2025-0003- A2025-0004: To reduce minimum lot area from 550 square
metres to 411.20 square metres, to reduce minimum lot frontage from 18 metres to 15.58
metres, and to increase the rear balcony projection from 1.5 metres to 2.35 metres (Lot 1
and Lot 2-Parts 1, 2,3,4). A2025-0005: To reduce minimum lot area from 550 square
metres to 435.3 square metres, to reduce minimum lot frontage from 18 metres to 16.54
metres, and to increase the rear balcony projection from 1.5 metres to 2.20 metres (Lot 3-
Parts 5 and 6).
The matter was then put to a vote and was carried out as follows, signed by all members
present and concurring that this is the Committee Decision on A-2025-0003, A-2025-0004
and A-2025-0005 on April 24, 2025.
Committee
Member
Yes No
Wendy Partner Absent
Dave Eastman
Noel Gamble Absent
Shelley Pohjola
Todd Taylor
Gord Wallace Absent
Brad Whittle
“Carried”
7.2 File: A-2025-0007
Owner: Howard Li - Plainview Heights Property Ltd.
Agent: Paul M DeMelo, Kagan Shastri DeMelo Winer Park LLP
Staff: Hebah Masood
Address: 210, 102, 106, 110, 114, 118, 122, 126, 130, 134 and 138 Jacob Crane Drive,
hereby referred to as Plan 40M2759 Lots 38-48, Newcastle, ON
Application:
1. The purpose of the application is to facilitate Plainview Heights Phase 2, at Plan
40M2759 Lots 38-48 by proposing to:
Minutes –April 24, 2025 Page 2
Committee of Adjustment Meeting
a. decrease the minimum soft landscaping within the front yard or exterior side yard
from 40% to 35%;
b. increase the maximum lot coverage of the dwelling from 40% to 48%;
c. increase the maximum lot coverage for the total of all buildings and structures from
45% to 50%;
d. increase the maximum outside width of the garage from 45% to 62% of the width of
the property;
e. decrease the rear yard setback from 7.5 metres to 7 metres;
f. increase the driveway width from 4.6 metres to 6 metres
2. Public notification was conducted in accordance with the Planning Act which included
signage being installed on the subject site and a mail out to all property owners within 60
metres of the subject site.
3. No comments were received in opposition to the application from external agencies or
internal departments.
4. One comment was received on the application. The nature of the comment was inquiring
about the nature of the proposed development on the property.
5. Staff recommends that application A2025-0007 for a Minor Variance to Section
Zoning By-Law 84-63 Sections 13.4.71, 13.2, and Section 3.16.c.iii as
amended by By-law 2024-032 be tabled for a period of up to 30 days. Staff
have received all the required information from the applicant and will have a
recommendation ready for the May 22, 2025 Committee of Adjustment
meeting.
Discussion:
No members of the public spoke regarding this application.
The agent, P. DeMelo, 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 table A-2025-0007 for 30 days as recommended by Dave, seconded by
Shelley. Time tabled 7:17pm
Full text of Decision:
A minor variance application to facilitate Plainview Heights Phase 2, at Plan 40M2759 Lots
38-48. The application proposes to: a) decrease the minimum soft landscaping within the
front yard or exterior side yard from 40% to 35%; b) increase the maximum lot coverage of
Minutes –April 24, 2025 Page 2
Committee of Adjustment Meeting
the dwelling from 40% to 48%; c) increase the maximum lot coverage for the total of all
buildings and structures from 45% to 50%; d) increase the maximum outside width of the
garage from 45% to 62% of the width of the property; e) decrease the rear yard setback
from 7.5 metres to 7 metres; f) increase the driveway width from 4.6 metres to 6 metres.
The matter was then put to a vote and was carried out as follows, signed by all members
present and concurring that this is the Committee Decision on A-2025-0007 on April 24,
2025.
Committee
Member
Yes No
Wendy Partner Absent
Dave Eastman
Noel Gamble Absent
Shelley Pohjola
Todd Taylor
Gord Wallace Absent
Brad Whittle
“Carried”
7.3 File: A-2025-0008 and A-2025-0009
Owner: Howard Li - Plainview Heights Property Ltd.
Agent: Paul M DeMelo, Kagan Shastri DeMelo Winer Park LLP
Staff: Hebah Masood
Address: 42, 46, 50, 54, 58, 94, 98 and 102 Robert Woodward Trail; 112, 116, 120, 124
and 128 Ronald Hooper Avenue; 119, 175 and 179 Northglen Boulevard; 262, 266, 263
and 259 Crombie Street, hereby referred to as Lot 13 Concession 2, Lots 1, 10-11, 13-14,
28-29 and 36-48), Bowmanville, ON
Application:
1. Files A2025-0007 and A2025-0008 for 2, 46, 50, 54, 58, 94, 98 and 102 Robert
Woodward Trail; 112, 116, 120, 124 and 128 Ronald Hooper Avenue; 119, 175 and 179
Northglen Boulevard; 262, 266, 263 and 259 Crombie Street hereby referred to as Lot
13 Concession 2, Lots 1, 10-11, 13-14, 28-29 and 36-48), Bowmanville, ON.
Minutes –April 24, 2025 Page 2
Committee of Adjustment Meeting
The purpose of A2025-0008 is to facilitate Treasure Hill Bowmanville Incorporated Lot 13
Concession 2 Lots 36-48. The application proposes to:
a. decrease the minimum soft landscaping within the front yard or exterior side yard
from 40% to 33%;
b. increase the maximum lot coverage of the dwelling from 40% to 45%;
c. increase the maximum lot coverage for the total of all buildings and structures from
45% to 47%; and
d. increase the maximum outside width of the garage from 4 metres to 6.2 metres.
The purpose of A2025-0009 is to facilitate Treasure Hill Bowmanville Incorporated Lot 13
Concession 2 Lots 1, 10-14, 28-29. The application proposes to:
a. decrease the minimum soft landscaping within the front yard or exterior side yard
from 40% to 33%;
b. decrease the rear yard setback from 7.5 metres to 6.5 metres;
c. increase the maximum lot coverage of the dwelling from 40% to 50%;
d. increase the maximum lot coverage for the total of all buildings and structures from
45% to 52%; and
e. increase the maximum outside width of the garage from 6.4 metres to 9.4 metres.
2. Public notification was conducted in accordance with the Planning Act which included
signage being installed on the subject site and a mail out to all property owners within 60
metres of the subject site.
3. No comments were received in opposition to the application from external agencies or
internal departments.
4. No comments were received in opposition to the application from members of the public.
5. Staff recommend that applications A2025-0008 and A2025-0009 for a Minor Variance to
Zoning By-Law 84-63 Sections 13.4.55, 13.4.57, 13.2, and Section 3.16.c.iii as amended
by By-law 2024-032 be tabled for a period of up to 30 days. Staff have received all the
required information from the applicant and will have a recommendation ready for the
May 22, 2025 Committee of Adjustment meeting.
Discussion:
No members of the public spoke regarding this application.
The agent, Paul DeMelo, 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.
Minutes –April 24, 2025 Page 2
Committee of Adjustment Meeting
Motion to table A-2025-0007 for 30 days as recommended by Brad, seconded by
Dave. Time tabled 7:24pm
Full text of Decision:
That application A2025-0008 for a minor variance to Zoning By-Law 84-63 Sections
13.4.57, and Section 3.16.c.iii as amended by By-law 2024-032 to facilitate Treasure Hill
Bowmanville Incorporated Lot 13 Concession 2 Lots 36-48 by.
a) decreasing the minimum soft landscaping within the front yard or exterior side yard from
40% to 33%;
b) increasing the maximum lot coverage of the dwelling from 40% to 45%;
c) increasing the maximum lot coverage for the total of all buildings and structures from
45% to 47%;
and
that application A2025-0009 for a minor variance to Zoning By-Law 84-63 Sections 13.4.55
and 13.2, as well as Section 2 and 3.16.c.iii as amended by By-law 2024-032 to facilitate
Treasure Hill Bowmanville Incorporated Lot 13 Concession 2 Lots 36-48 by:
a) decreasing the minimum soft landscaping within the front yard or exterior side yard from
40% to 33%;
b) decreasing the rear yard setback from 7.5 metres to 6.5 metres;
c) increasing the maximum lot coverage of the dwelling from 40% to 50%;
d) increasing the maximum lot coverage for the total of all buildings and structures from
45% to 52%; and
e) increasing the maximum outside width of the garage from 6.4 metres to 9.4 metres.
The matter was then put to a vote and was carried out as follows, signed by all members
present and concurring that this is the Committee Decision on A-2025-0007 on April 24,
2025.
Committee
Member
Yes No
Wendy Partner Absent
Dave Eastman
Noel Gamble Absent
Minutes –April 24, 2025 Page 2
Committee of Adjustment Meeting
Shelley Pohjola
Todd Taylor
Gord Wallace Absent
Brad Whittle
“Carried”
7.2 File: A-2025-0010 and A-2025-0011
Owner/Agent: Jan Choi and Ryan Farrow
Staff: Akibul Hoque
Address: 18 Rose Cresent, Newtonville
Application:
1. The purpose of the application is to reduce the minimum lot area from 4000 square
meters to 2448.5 square meters on the severed lot and to reduce minimum lot area from
4000 square meters to 2447.3 square meters on the retained lot in the associated
consent application (B2025-0011).
2. Public notification was conducted in accordance with the Planning Act which included
signage being installed on the subject site and a mail out to all property owners within 60
metres of the subject site.
3. Comments were received from external agencies and internal departments. The
Regional Health Department comments noted that they require a peer review by one of
the Region’s Peer Review Consultants of the Hydrogeological Study to be conducted, to
the Region of Durham and Municipality of Clarington’s satisfaction.
4. No comments were received in opposition to the application from members of the public.
5. Based on the Regional Health Department comments, staff recommend tabling of the
minor variance application for a period of up to one (1) year and no later than April 2026.
Discussion:
No members of the public spoke regarding this application.
The applicant, Lynda Farrow, spoke and provided an overview of the application.
The applicant states that they have read and agreed to the conditions of the
Staff’s recommendation.
Minutes –April 24, 2025 Page 2
Committee of Adjustment Meeting
D. Eastman to applicant: Referring to the background section of the staff report, it
appears that there is an existing accessory building situated on the property without a
principal dwelling, which is not permitted by the Zoning By-Law. Can we confirm?
L. Farrow responded: The accessory structure is located on the retained lot and is
grandfathered into the property, as it was established prior to the implementation of the
Clarke Zoning By-Law.
Motion to table A-2025-0010 and A-2025-0011 as recommended by Shelley Pohjola,
seconded by Dave Eastman. Time tabled 7:30pm.
Full text of Decision:
That application A2025-0010 & A2025-0011, for a Minor Variance to Section 9.2.a. of
Zoning By-law 84-63, to reduce the minimum lot area from 4000 square meters to 2448.5
square meters on the severed lot and to reduce minimum lot area from 4000 square
meters to 2447.3 square meters on the retained lot in the associated consent application
(B2025-0011), be tabled for a period of up to one (1) year and no later than April 2026.
The matter was then put to a vote and was carried out as follows, signed by all members
present and concurring that this is the Committee Decision on A-2025-0010 and A-2025-
0011 on April 24, 2025.
Committee
Member
Yes No
Wendy Partner Absent
Dave Eastman
Noel Gamble Absent
Shelley Pohjola
Todd Taylor
Gord Wallace Absent
Brad Whittle
“Carried”
7.2 File: A-2025-0012
Owner/Agent: Harry Olsen
Staff: Akibul Hoque
Address: 4488 Reid Road, Clarke
Minutes –April 24, 2025 Page 2
Committee of Adjustment Meeting
Application:
1. The purpose of the application is to facilitate the construction of an addition to an existing
detached garage by increasing the maximum permitted accessory total floor area from
90 square metres to 235 square metres and by increasing the maximum permitted
accessory building height from 4.5 metres to 6.55 metres.
2. Public notification was conducted in accordance with the Planning Act which included
signage being installed on the subject site and a mail out to all property owners within 60
metres of the subject site.
3. No comments were received in opposition to the application from external agencies or
internal departments. Comments were outstanding from the Ganaraska Region
Conservation Authority (GRCA).
4. No comments were received in opposition to the application from members of the public.
5. Staff recommend that application A2025-0012 for a Minor Variance to Section 3.1.c of
Zoning By-law 84-63 be approved.
Discussion:
No members of the public spoke regarding this application.
The applicant/owner, Harry Olson, spoke and provided an overview of the
application. The owner/applicant states that they have read and agreed to the
conditions of the Staff’s recommendation.
D. Eastman to staff- The Ganaraska Region Conservation Authority (GRCA)
comments are outstanding, should we be concerned?
A. Hoque responded- The Ganaraska Region Conservation Authority (GRCA) was
circulated for comments; however, staff did not receive their comments by the commenting
deadline. As such, the applicant is required to get in touch with the GRCA prior to and/or at
the building permit stage to determine if a GRCA permit is required. The GRCA will review
the proposal in relation to their policies/regulations.
Motion to approve A-2025-0012 as recommended by Brad Whittle, seconded by Dave
Eastman. Time approved 7:38pm
Full text of Decision:
That application A2025-0012, for a Minor Variance to Section 3.1.c of Zoning By-law 84-
63, to facilitate the construction of an addition to an existing detached garage by increasing
the maximum permitted accessory total floor area from 90 square metres to 235 square
metres and by increasing the maximum permitted accessory building height from 4.5
metres to 6.55 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.
Minutes –April 24, 2025 Page 2
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-2025-0012 on April 24,
2025.
Committee
Member
Yes No
Wendy Partner Absent
Dave Eastman
Noel Gamble Absent
Shelley Pohjola
Todd Taylor
Gord Wallace Absent
Brad Whittle
“Carried”
7.2 File: A-2025-0014 and A-2025-0016
Owner/Agent: Jonah Szent-Ivany
Staff: Ainsley Johnston
Address: 5 Lynwood Avenue, Courtice
Application:
1. The purpose of the application is to facilitate the creation of two new lots, Parts 2 and 3
of the Draft Reference Plan, for associated Consent Applications B2025-0012 & B2025-
0013 by reducing the minimum lot area from 560 square metres to 390.08 square metres
and by reducing the minimum lot frontage from 16 metres to 12.19 metres, and to
facilitate the development of single detached dwellings on the lots by increasing the
maximum total lot coverage for the dwelling from 30% to 40%, and to increase the
maximum total lot coverage for all buildings and structures from 40% to 45%.
2. Public notification was conducted in accordance with the Planning Act which included
signage being installed on the subject site and a mail out to all property owners within 60
metres of the subject site.
3. No comments were received in opposition to the application from external agencies or
internal departments.
Minutes –April 24, 2025 Page 2
Committee of Adjustment Meeting
4. One comment was received in opposition to the application from members of the public.
The nature of the concerns was that the development is a major renovation through the
demolition of the existing dwelling with construction of two new dwellings.
5. Staff recommends that application A2025-0014 & A2025-0016 for Minor Variance to
Sections 12.4.32.a, 12.4.32.b.i., 12.4.32.d.i., and 12.4.32.d.ii of Zoning By-law 84-63 be
approved subject to the conditions in the Staff Report.
Discussion:
One member of the public who is the owner of the neighbouring property at 8
Westmore Street, D. LeBlanc, spoke in opposition to the development with
concerns surrounding creating three homes. The member of the public stated
they are unable to determine if the proposed frontages go beyond the property
lines of the other four homes [fronting onto the north side of Westmore Street].
They asked questions on where the existing mailbox and fire hydrant will be
placed and expressed concerns that their backyard looks into the back of the
three proposed homes.
D. Eastman asked Member of the Public: Your side yard looks into?
D. LeBlanc: Side yard looks into backyard of 5 Lynwood.
D. Eastman asked the member of the public for clarification on how the
proposed houses are looking into their backyard if the three proposed homes are
fronting onto Westmore.
D. LeBlanc: Our backyard looks into the back of the house
D. Eastman: Okay, thank you.
Chair asked if there are any other questions.
S. Pohjola to Staff: The lady mentioned concerns regarding Canada Post and
fire. Can you speak to those issues? I see that the report says no comments or
concerns regarding either. It would be helpful.
A. Johnston: Canada Post was circulated and they provided no comments or
concerns. The applicant will have to work with Canada Post on relocating the
mailbox. Regional Works had no comments or concerns regarding the fire
hydrant.
D. LeBlanc asked Staff: Where are they going to be placed?
A. Johnston: Applicant will have to work with Works as they did not provide Staff
any comments or conditions.
D. LeBlanc asked Staff: The proposed three homes are in line with the current
homes?
Minutes –April 24, 2025 Page 2
Committee of Adjustment Meeting
A. Johnston: The three proposed homes are fronting onto Westmore and are in
alignment with the member of the public’s home. For clarification to the
committee, the backyard she has been referring to is the existing backyard for
the existing dwelling on Lynwood. The backyards of the proposed dwellings will
be in alignment with neighbouring backyard.
D. Eastman to Staff: What is the backyard of the property now will be the side
yard for the member of the public once these homes are built. It will be side yard
to side yard?
A. Johnston: The Site Plan attached in the Staff Report shows where the
existing backyard is, is essentially where the two new lots will be located. The
interior side yards are in alignment with the member of the publics interior side
yard.
D. Eastman: A number of comments are outstanding. Are there any concerns
they can be adversely affecting the application?
A. Johnston: For the comments outstanding, there are no concerns. There is a
condition in the Staff Report for the land division application in regards to
Health’s comments. The circulation email noted that if there are no comments
received, it will be interpreted as there are no concerns.
D. Eastman: It might be more appropriate under comments, if there are ones
outstanding and Staff are sure there are no concerns, to list them as no
concerns. There are multiple outstanding comments and it is a red flag.
A. Johnston: We interpret that as no concerns.
D. Eastman: Should it not be marked as no concerns?
Chair asked S. Parish to comment.
S. Parish: Moving forward in future reports, Staff can note it as no concerns.
D. Eastman: Thank you. It is more clear for the Committee if Staff are confident
there are no problems that marking it as no concerns is more appropriate.
J. Circo: Staff received Fire’s comments and there are no concerns or
objections.
Chair turned it over to the applicant to come forward and address the
Committee.
The applicant/owners, Jonah and Luke Szent-Ivany, spoke and provided an
overview of the application.
L. Szent-Ivany: The two lots will mirror the look and plan of existing homes
fronting onto Westmore and provided clarification that the existing backyard on
Lynwood will be the side yards. The applicants will work with Canada Post for
relocation of the mailbox.
Minutes –April 24, 2025 Page 2
Committee of Adjustment Meeting
J. Szent-Ivant: Applicants are looking to conform with the existing
neighbourhood and mirror the houses fronting onto Westmore including
landscaping and the driveway.
D. Eastman asked the Applicants to confirm they are aware of the two conditions
in the Staff Report to remove the single detached dwelling and the accessory
structure.
J. Szent-Ivany: Agree with conditions.
Motion to approve A2025-0014 and A2025-0016 as recommended by Dave
Eastman, seconded by Shelley Pohjola. Time approved 7:52 P.M.
Full text of Decision:
That Minor Variance Application A2025-0014 for variances to Section 12.4.32.a. by
reducing the minimum lot area from 560 square metres to 390.08 square metres, Section
12.4.32.b.i. by reducing the minimum lot frontage from 16 metres to 12.19 metres, Section
12.4.32.d.i. by increasing the maximum lot coverage for the dwelling from 30% to 40%,
and Section 12.4.32.d.ii by increasing the maximum total lot coverage for all buildings and
structures from 40% to 45% within Zoning By-law 84-63 to facilitate the severance of Part
2 on the draft reference plan and the construction of a single detached dwelling be
approved subject to the following condition;
a. That the applicant must demolish the existing single detached dwelling on the
proposed retained and severed parcel; a demolition permit is required.
b. That Minor Variance Application A2025-0016 for variances to Section 12.4.32.a.
by reducing the minimum lot area from 560 square metres to 390.08 square
metres, Section 12.4.32.b.i. by reducing the minimum lot frontage from 16
metres to 12.19 metres, Section 12.4.32.d.i. by increasing the maximum lot
coverage for the dwelling from 30% to 40%, and Section 12.4.32.d.ii by
increasing the maximum total lot coverage for all buildings and structures from
40% to 45% within Zoning By-law 84-63 to facilitate the severance of Part 3 on
the draft reference plan and the construction of a single detached dwelling be
approved subject to the following condition;
c. That the applicant must demolish the existing accessory structure on the
proposed parcel; a demolition permit is required as it maintains the general
intent and purpose of the Clarington Official Plan, maintains the general intent
and purpose of Zoning By-law 84-63, is desirable for the appropriate
development or use of the land, and is minor in nature.
The matter was then put to a vote and was carried out as follows, signed by all members
present and concurring that this is the Committee Decision on A2025-0014 and A2025-
0016 on April 24, 2025.
Minutes –April 24, 2025 Page 2
Committee of Adjustment Meeting
Committee
Member
Yes No
Wendy Partner Absent
Dave Eastman
Noel Gamble Absent
Shelley Pohjola
Todd Taylor
Gord Wallace Absent
Brad Whittle
“Carried”
7.2 File: A-2025-0015
Owner/Agent: Emily Santos
Staff: Akibul Hoque
Address: 6100 Henry Road, Darlington
Application:
1. The purpose of the application is to facilitate the construction of a detached garage by
increasing the maximum permitted accessory total floor area from 90 square metres to
160 square metres and by increasing the maximum permitted garage height from 5
metres to 6 metres.
2. Public notification was conducted in accordance with the Planning Act which included
signage being installed on the subject site and a mail out to all property owners within 60
metres of the subject site.
3. No comments were received in opposition to the application from external agencies or
internal departments. Comments were outstanding from the Durham Region Health
Department.
4. One inquiry was received from a member of the public inquiring about the minor variance
proposal; however, no concerns or objections were raised for the application.
5. Staff recommend that application A2025-0015 for a Minor Variance to Section 4.1.3 of
Zoning By-law 2005-109 be approved.
Minutes –April 24, 2025 Page 2
Committee of Adjustment Meeting
Discussion:
No members of the public spoke regarding this application.
The applicant/owner, Emily Santos, spoke and provided an overview of the
application. The owner/agent states that they have read and agreed to the
conditions of the Staff’s recommendation. Following the presentation, the
Committee did not raise any questions or concerns.
Motion to approve A-2025-0015 as recommended by Shelley Pohjola, seconded by Dave
Eastman. Time approved 7:58pm
Full text of Decision:
That application A2025-0015, for a Minor Variance to Section 4.1.3 of Zoning By-law 2005-
109 to facilitate the construction of a detached garage by increasing the maximum
permitted accessory total floor area from 90 square metres to 160 square metres and by
increasing the maximum permitted garage height from 5 metres to 6 metres be approved,
as it maintains the general intent and purpose of the Clarington Official Plan and Zoning
By-law 2005-109, is desirable for the appropriate development or use of the land and is
minor in nature.
The matter was then put to a vote and was carried out as follows, signed by all members
present and concurring that this is the Committee Decision on A-2025-0015 on April 24,
2025.
Committee
Member
Yes No
Wendy Partner Absent
Dave Eastman
Noel Gamble Absent
Shelley Pohjola
Todd Taylor
Gord Wallace Absent
Brad Whittle
“Carried”
Minutes –April 24, 2025 Page 2
Committee of Adjustment Meeting
8. Adoption of Minutes of Previous Meeting, March 27, 2025.
Note: Deferred to the May 22, 2025, Committee of Adjustment meeting, since only two members;
D. Eastman and T. Taylor were present at the March 27, 2025, meeting.
9. Other Business
T. Taylor called upon the Secretary- Treasurer for new business.
S. Parish- Staff noted that if a committee member is not attending meetings or
responding, the committee can decide how to proceed. If removal is recommended,
staff must be informed, and a report must go to Council. Additionally, staff noted,
following a discussion between D. Eastman and Staff prior to the meeting, that if a
recirculation fee is ever required, it will be identified and included within the staff
report and committee motion.
Chair T Taylor asked if there is any further business.
D. Eastman- Expressed concerns about committee attendance and emphasized that
while occasional absences are understandable, members are committed to
participating when they joined. Meeting dates are provided well in advance, and
members should make every effort to attend.
B Whittle responded- Wanted to clarify if Committee Meetings will be held in person
going forward?
S. Parish responded – It is up to the Committee to decide if meetings are to remain
hybrid or in person.
S. Pojhola added – Is there any concerns from Council on Committee of Adjustment
attendance?
S. Parish responded– Not aware of any concerns from Council regarding the
Committee attendance.
10. Adjournment
Last Date of Appeal for tonight’s minor variance applications: May 14, 2025
Next Meeting: May 22, 2025.
Chair Todd Taylor asked for a motion from the Committee.
Motion to adjourn the meeting was moved by Dave Eastman, seconded by Brad
Whittle.
“That the April 24, 2025, Committee of Adjustment be adjourned. Time is 8:05pm”
“Carried”
Planning and Infrastructure Services
Committee of Adjustment
Consent
B2025-0011
18 Rose Crescent, Newtonville
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Date of Meeting: April 23, 2026
File Number: B-2025-0011
Address: 18 Rose Crescent, Bowmanville, ON
Report Subject: Application B2025-011 is seeking consent to facilitate the creation of a
new 2,448.5 square metre rural residential lot with a lot frontage of 48.02
metres (Part 2 on the draft reference plan) while retaining a 2,447.3
square metre rural residential lot with a lot frontage of 59.88 metres (Part
1 on the draft reference plan). The proposed severed parcel will support
the creation of a single detached dwelling while the retained parcel will
keep the existing single detached dwelling and existing accessory
buildings. Applications B2025-0011, A2025-0010 and A2025-0011 were
tabled in April 2025 for a period of one year to allow for the peer review of
a Hydrogeological Study, which is still underway. As such, staff are
recommending this application be re-tabled for a period of up to one year
and no later then April 2027.
Recommendations:
1. That the Report for Consent Application B2026-0002 be received;
2. That all written comments and verbal submissions are considered in the deliberation of
this application;
3. That application B2025-0011, for a consent be tabled for a period of up to one year
and no later then April 2027 to allow for the peer review of the Hydrogeological Study
to be completed.
4. That all interested parties listed in this report be forwarded a copy of the Committee’s
decision.
Attachment 8
Municipality of Clarington
Committee of Adjustment
B-2025-0011 Page 2
1. Application Details
1.1 Owners: Jan Choi & Ryan Farrow
1.2 Applicant: Lynda Farrow
creation of a new 2,448.5 square metre rural residential
lot with a lot frontage of 48.02 metres (Part 2 on the draft
reference plan) while retaining a 2,447.3 square metre
rural residential lot with a lot frontage of 59.88 metres
(Part 1 on the draft reference plan). The proposed
severed parcel will support the creation of a single
detached dwelling while the retained parcel will keep the
existing single detached dwelling and existing accessory
buildings. Applications B2025-0011, A2025-0010 and
A2025-0011 were tabled in April 2025 for a period of one
year to allow for the peer review of a Hydrogeological
Study, which is still underway. As such, staff are
recommending this application be re-tabled fo
up to one year and no later then April 2027.
1.5 Area of Retained Lot: 2,447.3 square metres
1.6 Zoning: “Residential Hamlet (RH)” within Zoning By-law 84-63
1.7 Regional Official Plan
Designation: Hamlet
1.8 Clarington Official Plan
Designation: Hamlet
1.9 Water: Municipal
1.10 Sewage: Private
Municipality of Clarington
Committee of Adjustment
B-2025-0011 Page 3
Figure 1 – Lands Subject to Consent Application
Municipality of Clarington
Committee of Adjustment
B-2025-0011 Page 4
2. Background
2.1 On February 28, 2025, Planning Staff received a Consent Application and Minor
Variance Application from the agent of 18 Rose Crescent, Newtonville. The
proposed application is to facilitate the creation of a new rural resident lot. The
intention of the applicant/owner is to sell the proposed severed parcel (see
Figure 2).
2.2 This application is in conjunction with Minor Variance Applications A2025-0010
and A2025-0011. The Minor Variance Applications propose to reduce the
minimum lot area from 4000 square meters to 2448.5 square meters on the
severed lot and to reduce minimum lot area from 4000 square meters to 2447.3
square meters on the retained lot.
2.3 At the Committee of Adjustment Meeting on April 24, 2025, both the above noted
minor variance applications and this consent application were tabled for a period
of up to one year at the reques t of Durham Region Health and Durham Region
Community Growth and Economic Development Departm ent to conduct a peer
review of the Hydrogeological study. This peer review is still underway. As such,
staff are recommending this application be re-t abled for a period of up to one
year to allow for the peer review to be c ompleted.
2.4 The subject property as it is today, contains an existing accessory building, but
no principal dwelling. The proposal intends to retain this accessory building on
the newly created retained lot. However, Zoning By-law 84-63 does not permit
accessory buildings on lots that do not contain a principal dwelling. Furthermore,
accessory buildings/structures are accessory to a principal residential use and
are not permitted by the Zoning By-law to be on a rural residential property
unless a dwelling existed on the subject property. As a condition of the consent
application, the applicant/owner will be required to demonstrate legal non-
conforming of the existing accessory building was in existence prior to the
passing of the former zoning by-law, Clarke By-law 1592, on May 28,1968 in
order to retain the existing accessory building on the lot without a dwelling.
2.5 During a site visit conducted by Staff on April 10, 2025, it was observed that a
shipping container was being stored at the rear of the accessory building on the
subject property. According to Section 3.1.h) of Zoning By-law 84-63, shipping
containers are not permitted to be used as accessory structures or stored on
properties within the Municipality of Clarington. The owner confirmed the shipping
container was removed in August 2025.
Municipality of Clarington
Committee of Adjustment
B-2025-0011 Page 5
2.6 The applicant has shared email correspondence with staff regarding the timeline
of the Hydrogeological Study peer review. The applicant also met with Staff on
April 8, 2026 to provide an update and has actively been working with staff to
prove legal non-conforming status of the accessory structure.
Figure 2 – Draft survey showing proposed consent application lot fabric
Municipality of Clarington
Committee of Adjustment
B-2025-0011 Page 6
3. Land Characteristics and Surrounding Uses
3.1 The subject property is located Southeast of Highway 2 on the north side of Rose
Crescent. (See Figure 1). The subject property has an area of 4,895.80 square metres
and lot frontage of 107.9 metres.
3.2 The surrounding uses are as follows:
• South – Rural Residential lots with single detached dwellings, Agricultural
Farmlands and Highway 401;
• North- Rural Residential lots with single detached dwellings, commercial lands
(i.e., Newtonville Country Store and a restaurant), and Agricultural Farmlands;
• East – Rural Residential lots with single detached dwellings; and
• West – Rural Residential lots with single detached dwelling, Lakeview Cemetery,
and Agricultural Farmlands.
4. Public Notice and Submissions
4.1 Pursuant to the requirements of the Planning Act, the appropriate signage notifying of
the application was installed on the subject lands. In addition, a public notice was mailed
to each landowner within 60m of the subject lands. This application was tabled on April
24, 2025 for a period of up to one year. New signage was installed and additional
mailouts were sent out in advance of the April 23, 2026 meeting.
4.2 At the time of writing this report, Staff have not received any written letters of opposition
regarding the proposal.
5. Conclusion
5.1 The recommendation from Planning Staff is that application for a Consent B2025-0011
be tabled for a period of up to one year and no later then April 2027 to allow for
Durham Region Health’s peer review of the Hydrogeological study to be completed.
Submitted by:
Hebah Masood
Acting Secretary-Treasurer
Committee of Adjustment at the Municipality of Clarington
Municipality of Clarington
Committee of Adjustment
B-2025-0011 Page 7
Concurrence:
This report has been reviewed by Sarah Gattie, MCIP, RPP, Principal Planner of Development
Review, who concurs with the recommendations.
Staff Contact: Hebah Masood, Planner II, (905) 623-3379 x2437 or hmasood@clarington.net
Attachments
Attachment 1: Meeting Minutes from April 24, 2025 Committee of Adjustment Meeting
Interested Parties:
N/A
Minutes and Decisions of the Committee of Adjustment
Corporation of the Municipality of Clarington
As per: The Planning Act, and in accordance with
the Provincial Rules of Procedure
Thursday, April 24, 2025
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 Parish Secretary-Treasurer
Hebah Masood Acting Secretary-Treasurer
Akibul Hoque Acting Secretary-Treasurer
Ainsley Johnston Planner
Jacob Circo Acting Secretary-Treasurer
Todd Taylor Chair
Dave Eastman Member
Shelley Pohjola Member
Brad Whittle Member
Absent with Regrets: Wendy Partner, Noel Gamble, Gord Wallace
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”.
4. Swearing in of Ainsley Johnston as Acting Secretary-Treasurer
Minutes –April 24, 2025 Page 2
Committee of Adjustment Meeting
Moved by Dave Eastman Seconder: Shelley Pojhola
Committee
Member
Yes No
Wendy Partner Absent
Dave Eastman
Noel Gamble Absent
Shelley Pohjola
Todd Taylor
Gord Wallace Absent
Brad Whittle
Passed at 6:36 pm.
5. Consent Applications:
4.1 File Number: B-2025-0011
Owner/Agent: Ryan and Lynda Farrow
Staff: Jacob Circo
Address: 18 Rose Cres., Newtonville
Application:
1. The first application before the Committee this evening is File B2025-0011 for 18 Rose
Crescent, Newtonville.
2. The purpose of Consent Application B2025-0011 is to seek consent to facilitate the
creation of a new 2,448.5 square metre rural residential lot with a lot frontage of 48.02
metres (Part 2 on the draft reference plan) while retaining a 2,447.3 square metre rural
residential lot with a lot frontage of 59.88 metres (Part 1 on the draft reference plan). The
proposed severed parcel will support the creation of a single detached dwelling.
3. Public notification was conducted in accordance with the Planning Act which included
signage being installed on the subject site and a mail out to all property owners within 60
metres of the subject site. Please note that the purpose of consent application on the
signage and mailout indicated that the proposed retained parcel contains an existing
single detached dwelling, this is a clerical error as there is no single detached dwelling
on the proposed retained parcel except an existing accessory building and shipping
container. The purpose of the consent application has been revised in the Staff Report.
Minutes –April 24, 2025 Page 2
Committee of Adjustment Meeting
4. At the time of writing the staff report, no comments were received in support or
opposition from the applicant from members of the public.
5. Comments were received from external agencies and internal departments. The
Regional Health Department comments noted that they require a peer review by one of
the Region’s Peer Review Consultants of the Hydrogeological Study to be conducted, to
the Regional Municipality of Durham and Municipality of Clarington’s satisfaction.
6. Based on the Regional Health comments, staff recommend tabling of the consent
application for a period of up to one (1) year and no later than April 2026.
Discussion:
No members of the public spoke regarding this application.
The agent, Lynda Farrow, 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.
Chair T Taylor deferred a question to staff from L Farrow.
L Farrow asked a question to Planning Staff – The Region informed me that I had 2
years to complete this, and Clarington Staff are saying 1 year?
J Circo responded – Correct, the consent application is recommended to be tabled
for 1 year to address the peer review request by the Regional Municipality of Durham
for the hydrogeological study that you had submitted with your consent application.
L Farrow asked a question to Planning Staff – What about the environmental site
assessment that I am working on getting completed for the consent application?
J Circo responded – At this time, the Municipality is not requiring that you have 1
year to have your environmental site assessment study done, the consent application
is only being tabled for 1 year to address the peer review request by the Regional
Municipality of Durham for the hydrogeological study that you had submitted with
your consent application, to be done at the satisfaction of the Municipality of
Clarington and Regional Municipality of Durham Health Department.
Motion to approve B-2025-0011 as recommended by Committee Member Brad
Whittle, seconded by Committee Member Dave Eastman. Approved at 6:42 P.M.
Full text of Decision:
“That application B2025-0011 be tabled, as per the recommendations of Regional
Municipality of Durham’s Community Growth & Economic Development Department and
Health Department (letter dated April 22, 2025) for up to one (1) year and no later than
April 2026”.
The matter was then put to a vote and was carried out as follows, signed by all members
present and concurring that this is the Committee Decision on B-2025-0011 on April 24,
2025.
Minutes –April 24, 2025 Page 2
Committee of Adjustment Meeting
Committee
Member
Yes No
Wendy Partner Absent
Dave Eastman
Noel Gamble Absent
Shelley Pohjola
Todd Taylor
Gord Wallace Absent
Brad Whittle
“Carried”
4.2 File Number: B-2025-0012 and B-2025-0013
Owner/Agent: Jonah & Luke Szent-Ivany
Staff: Jacob Circo
Address: 5 Lynwood Avenue, Courtice
Application:
1. The second and third applications before the Committee this evening are Files B2025-
0012-to-B2025-0013 for 5 Lynwood Avenue, Courtice.
2. The purpose of the consent applications B2025-0012-to-B2025-0013 is to seek consent
to facilitate the creation of two new residential lots. Part 1 of the draft reference plan is
the retained parcel with a lot frontage 21.34 metres and a lot area of 682.8 square
metres. The proposed severed parcels include Parts 2 and 3 of the draft reference plan.
Part 2 has a lot frontage of 12.19 metres and a lot area of 390.08 square metres. Part 3
has a lot frontage of 12.19 metres and a lot area of 390.08 square metres. The existing
single detached dwelling and accessory buildings on the subject property will be
demolished.
3. Public notification was conducted in accordance with the Planning Act which included
signage being installed on the subject site and a mail out to all property owners within 60
metres of the subject site.
4. No comments were received in opposition to the application from external agencies or
internal departments.
Minutes –April 24, 2025 Page 2
Committee of Adjustment Meeting
5. At the time of writing this report, Staff have received a letter from a neighbor in opposition
to the consent and minor variance applications. Concerns were related to the lot sizes
and the impact on their property.
6. Staff recommends that consent applications B2025-0012-to-B2025-0013 be approved
subject to the conditions noted in the staff report.
Discussion:
D LeBlanc spoke in opposition to both consent applications.
D LeBlanc shared concerns regarding the proposed parceling of two properties
adjacent to their home. The resident noted that the area in question
encompasses the backyard of the neighboring property and runs alongside their
own home. They stated that, based on grandfathered zoning rights—particularly
relating to 5 Lynwood Avenue—no additional housing was permitted to be
developed on the subject property. This restriction was reportedly due to existing
sewer infrastructure along the property's frontage on Lynwood Avenue.
D Eastman asked a question to Staff – Based on D Hickey’s comments, can
Staff comment on the sewers that run along Lynwood Avenue, and clarify if there
is holding on the zoning on the subject property?
J Circo responded – Yes, water and sanitary servicing is available off the portion
of the property having frontage along Westmore Street to service the proposed
retained and severed parcels. Furthermore, there is no holding symbol on the
zoning of the property. Our Development Engineering Division has no concerns
with regards to the proposed consent applications from an
infrastructure/servicing standpoint.
Luke and Jonah Szent-Ivany 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-2025-0012 and B-2025-0013 as recommended by Committee
Member Shelley Pojola, seconded by Committee Member Brad Whittle. Time
approved: 6:51 P.M.
Full text of Decision:
“That consent applications B2025-0012 and B2024-0013 be approved subject to the
conditions in the staff report
Minutes –April 24, 2025 Page 2
Committee of Adjustment Meeting
Conditions of Approval:
Section 1: General
1. That the applicant satisfies all the requirements of the Municipality of Clarington’s
Development Engineering Department, financial and otherwise as detailed in the
Development Engineering letter, dated March 31, 2025.
2. That the applicant satisfies all the requirements of the Regional Municipality of
Durham’s Health Department, concerning the provision of regional services,
financial and otherwise as detailed in the Regional Community Growth & Economic
Development Department letter, dated April 22, 2025.
3. That the applicant satisfies all the requirements of the Regional Municipality of
Durham’s Works Department, concerning the provision of regional services,
financial and otherwise as detailed in the Regional Works Department letter, dated
April 22, 2025.
4. The owner, applicant or agent must enter into a consent agreement with the
Municipality of Clarington.
5. 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.
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 minor variance application to seek approval
from the Committee of Adjustment for a reduction in the minimum required lot area
and lot frontage as per Section 12.4.32 of Zoning By-law 84-63 for the proposed two
severed parcels. In order to clear this condition, the minor variance application is to
be approved and become final and binding after a 20-day mandatory appeal period.
9. 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.
Minutes –April 24, 2025 Page 2
Committee of Adjustment Meeting
10. The applicant shall remove the dwelling and accessory buildings or structures from
the proposed retained and severed lots.
11. 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.
12. The agent/owner is required to remit payment of the outstanding Region of Durham
Health Department commenting fee of $915. Furthermore, the agent/owner is
required to have septic system be removed at the satisfaction of the Municipality of
Clarington and Region of Durham Health Department prior to the registration of the
consent agreement.
13. The agent/owner is required to have all 3 proposed lots to be connected to municipal
water and municipal sanitary services prior to the registration of the consent agreement
at the satisfaction of the Municipality of Clarington and Region of Durham Works
Department.
14. The Owner shall provide a cash-in-lieu of parkland payment in accordance with Section
53(12.1) and (13) of the Planning Act and the Municipality of Clarington’s Parkland
Dedication By-law and is based on the value of the lands on the day before the
issuance of the first building permit. The value of the lands shall be supported by a
certified land appraisal, to the satisfaction of the Deputy CAO of Planning and
Infrastructure Services.
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-2025-0012 and B-2025-
0013 on April 24, 2025.
Committee
Member
Yes No
Wendy Partner Absent
Dave Eastman
Minutes –April 24, 2025 Page 2
Committee of Adjustment Meeting
Noel Gamble Absent
Shelley Pohjola
Todd Taylor
Gord Wallace Absent
Brad Whittle
“Carried”
6. Minute Recess @ 6:52 P.M. and the meeting resumed at 6:57 P.M.
7. Declaration of Interest for Minor Variance Applications
None
8. Minor Variance Applications
7.1 File: A-2025-0003, A-2025-0004 and A-2025-0005
Owner/Agent: Craig Noftle
Staff: Akibul Hoque
Address: 287 Liberty St. N, Bowmanville
Application:
1. The purpose of the application is to facilitate the creation of semi-detached dwelling lots
by reducing minimum lot area, minimum lot frontage, and increasing rear balcony
projections as follows:
a. A2025-0003- A2025-0004: To reduce minimum lot area from 550 square metres
to 411.20 square metres, to reduce minimum lot frontage from 18 metres to 15.58
metres, and to increase the rear balcony projection from 1.5 metres to 2.35
metres (Lot 1 and Lot 2-Parts 1, 2,3,4);
b. A2025-0005: To reduce minimum lot area from 550 square metres to 435.3
square metres, to reduce minimum lot frontage from 18 metres to 16.54 metres,
and to increase the rear balcony projection from 1.5 metres to 2.20 metres (Lot 3-
Parts 5 and 6).
Minutes –April 24, 2025 Page 2
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. No comments were received in opposition to the application from external agencies or
internal departments.
4. Comments were received in opposition to the application from members of the public.
The concerns are related to balcony projections and privacy.
5. Staff recommend that applications A2025-0003, A2025-0004 & A2025-0005 for a Minor
Variance to Section 12.2.a.ii), Section 12.2.b.ii) and Section 3.1.g.iv) of Zoning By-law
84-63 be approved.
Discussion:
A member of the public spoke in opposition to the proposal.
C. Henry (speaking on behalf of his father)- He is concerned with the lot frontages and
increased balcony projections. He is concerned that there are single family homes situated
behind 287 Liberty Street, and the proposed balconies would cause privacy concerns.
C. Noftle spoke and provided an overview of the application. The owner/owner states that
they have read and agreed to the conditions of the Staff’s recommendation.
C. Noftle: Regarding the balcony projections concerns, with all due respect, these
projections are intended to provide a bit more space for the upper units. Given that the
properties are semi-detached dwellings with accessory units in the basement, the goal is
simply to provide more room for the future residents.
D Eastman to applicant: Are there additional dwelling units proposed for these semi-
detached dwellings? Are the balconies proposed on the second or third floor?
C. Noftle: Correct, additional dwelling units (ADUs) are proposed in the basement of the
semi-detached dwellings, and the balconies are proposed on the second floor.
B. Whittle to Staff: Are height variances required for these proposals?
A. Hoque: No height variances are required for these proposals at this time.
Motion to approve A-2025-0003, A-2025-0004 and A-2025-0005 as recommended by
Shelley Pohjola, seconded by Dave Eastman. Time approved 7:11pm.
Minutes –April 24, 2025 Page 2
Committee of Adjustment Meeting
Full text of Decision:
A minor variance application to facilitate the creation of semi-detached dwelling lots by
reducing minimum lot area, minimum lot frontage, and increasing rear balcony projections
as follows: A2025-0003- A2025-0004: To reduce minimum lot area from 550 square
metres to 411.20 square metres, to reduce minimum lot frontage from 18 metres to 15.58
metres, and to increase the rear balcony projection from 1.5 metres to 2.35 metres (Lot 1
and Lot 2-Parts 1, 2,3,4). A2025-0005: To reduce minimum lot area from 550 square
metres to 435.3 square metres, to reduce minimum lot frontage from 18 metres to 16.54
metres, and to increase the rear balcony projection from 1.5 metres to 2.20 metres (Lot 3-
Parts 5 and 6).
The matter was then put to a vote and was carried out as follows, signed by all members
present and concurring that this is the Committee Decision on A-2025-0003, A-2025-0004
and A-2025-0005 on April 24, 2025.
Committee
Member
Yes No
Wendy Partner Absent
Dave Eastman
Noel Gamble Absent
Shelley Pohjola
Todd Taylor
Gord Wallace Absent
Brad Whittle
“Carried”
7.2 File: A-2025-0007
Owner: Howard Li - Plainview Heights Property Ltd.
Agent: Paul M DeMelo, Kagan Shastri DeMelo Winer Park LLP
Staff: Hebah Masood
Address: 210, 102, 106, 110, 114, 118, 122, 126, 130, 134 and 138 Jacob Crane Drive,
hereby referred to as Plan 40M2759 Lots 38-48, Newcastle, ON
Application:
1. The purpose of the application is to facilitate Plainview Heights Phase 2, at Plan
40M2759 Lots 38-48 by proposing to:
Minutes –April 24, 2025 Page 2
Committee of Adjustment Meeting
a. decrease the minimum soft landscaping within the front yard or exterior side yard
from 40% to 35%;
b. increase the maximum lot coverage of the dwelling from 40% to 48%;
c. increase the maximum lot coverage for the total of all buildings and structures from
45% to 50%;
d. increase the maximum outside width of the garage from 45% to 62% of the width of
the property;
e. decrease the rear yard setback from 7.5 metres to 7 metres;
f. increase the driveway width from 4.6 metres to 6 metres
2. Public notification was conducted in accordance with the Planning Act which included
signage being installed on the subject site and a mail out to all property owners within 60
metres of the subject site.
3. No comments were received in opposition to the application from external agencies or
internal departments.
4. One comment was received on the application. The nature of the comment was inquiring
about the nature of the proposed development on the property.
5. Staff recommends that application A2025-0007 for a Minor Variance to Section
Zoning By-Law 84-63 Sections 13.4.71, 13.2, and Section 3.16.c.iii as
amended by By-law 2024-032 be tabled for a period of up to 30 days. Staff
have received all the required information from the applicant and will have a
recommendation ready for the May 22, 2025 Committee of Adjustment
meeting.
Discussion:
No members of the public spoke regarding this application.
The agent, P. DeMelo, 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 table A-2025-0007 for 30 days as recommended by Dave, seconded by
Shelley. Time tabled 7:17pm
Full text of Decision:
A minor variance application to facilitate Plainview Heights Phase 2, at Plan 40M2759 Lots
38-48. The application proposes to: a) decrease the minimum soft landscaping within the
front yard or exterior side yard from 40% to 35%; b) increase the maximum lot coverage of
Minutes –April 24, 2025 Page 2
Committee of Adjustment Meeting
the dwelling from 40% to 48%; c) increase the maximum lot coverage for the total of all
buildings and structures from 45% to 50%; d) increase the maximum outside width of the
garage from 45% to 62% of the width of the property; e) decrease the rear yard setback
from 7.5 metres to 7 metres; f) increase the driveway width from 4.6 metres to 6 metres.
The matter was then put to a vote and was carried out as follows, signed by all members
present and concurring that this is the Committee Decision on A-2025-0007 on April 24,
2025.
Committee
Member
Yes No
Wendy Partner Absent
Dave Eastman
Noel Gamble Absent
Shelley Pohjola
Todd Taylor
Gord Wallace Absent
Brad Whittle
“Carried”
7.3 File: A-2025-0008 and A-2025-0009
Owner: Howard Li - Plainview Heights Property Ltd.
Agent: Paul M DeMelo, Kagan Shastri DeMelo Winer Park LLP
Staff: Hebah Masood
Address: 42, 46, 50, 54, 58, 94, 98 and 102 Robert Woodward Trail; 112, 116, 120, 124
and 128 Ronald Hooper Avenue; 119, 175 and 179 Northglen Boulevard; 262, 266, 263
and 259 Crombie Street, hereby referred to as Lot 13 Concession 2, Lots 1, 10-11, 13-14,
28-29 and 36-48), Bowmanville, ON
Application:
1. Files A2025-0007 and A2025-0008 for 2, 46, 50, 54, 58, 94, 98 and 102 Robert
Woodward Trail; 112, 116, 120, 124 and 128 Ronald Hooper Avenue; 119, 175 and 179
Northglen Boulevard; 262, 266, 263 and 259 Crombie Street hereby referred to as Lot
13 Concession 2, Lots 1, 10-11, 13-14, 28-29 and 36-48), Bowmanville, ON.
Minutes –April 24, 2025 Page 2
Committee of Adjustment Meeting
The purpose of A2025-0008 is to facilitate Treasure Hill Bowmanville Incorporated Lot 13
Concession 2 Lots 36-48. The application proposes to:
a. decrease the minimum soft landscaping within the front yard or exterior side yard
from 40% to 33%;
b. increase the maximum lot coverage of the dwelling from 40% to 45%;
c. increase the maximum lot coverage for the total of all buildings and structures from
45% to 47%; and
d. increase the maximum outside width of the garage from 4 metres to 6.2 metres.
The purpose of A2025-0009 is to facilitate Treasure Hill Bowmanville Incorporated Lot 13
Concession 2 Lots 1, 10-14, 28-29. The application proposes to:
a. decrease the minimum soft landscaping within the front yard or exterior side yard
from 40% to 33%;
b. decrease the rear yard setback from 7.5 metres to 6.5 metres;
c. increase the maximum lot coverage of the dwelling from 40% to 50%;
d. increase the maximum lot coverage for the total of all buildings and structures from
45% to 52%; and
e. increase the maximum outside width of the garage from 6.4 metres to 9.4 metres.
2. Public notification was conducted in accordance with the Planning Act which included
signage being installed on the subject site and a mail out to all property owners within 60
metres of the subject site.
3. No comments were received in opposition to the application from external agencies or
internal departments.
4. No comments were received in opposition to the application from members of the public.
5. Staff recommend that applications A2025-0008 and A2025-0009 for a Minor Variance to
Zoning By-Law 84-63 Sections 13.4.55, 13.4.57, 13.2, and Section 3.16.c.iii as amended
by By-law 2024-032 be tabled for a period of up to 30 days. Staff have received all the
required information from the applicant and will have a recommendation ready for the
May 22, 2025 Committee of Adjustment meeting.
Discussion:
No members of the public spoke regarding this application.
The agent, Paul DeMelo, 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.
Minutes –April 24, 2025 Page 2
Committee of Adjustment Meeting
Motion to table A-2025-0007 for 30 days as recommended by Brad, seconded by
Dave. Time tabled 7:24pm
Full text of Decision:
That application A2025-0008 for a minor variance to Zoning By-Law 84-63 Sections
13.4.57, and Section 3.16.c.iii as amended by By-law 2024-032 to facilitate Treasure Hill
Bowmanville Incorporated Lot 13 Concession 2 Lots 36-48 by.
a) decreasing the minimum soft landscaping within the front yard or exterior side yard from
40% to 33%;
b) increasing the maximum lot coverage of the dwelling from 40% to 45%;
c) increasing the maximum lot coverage for the total of all buildings and structures from
45% to 47%;
and
that application A2025-0009 for a minor variance to Zoning By-Law 84-63 Sections 13.4.55
and 13.2, as well as Section 2 and 3.16.c.iii as amended by By-law 2024-032 to facilitate
Treasure Hill Bowmanville Incorporated Lot 13 Concession 2 Lots 36-48 by:
a) decreasing the minimum soft landscaping within the front yard or exterior side yard from
40% to 33%;
b) decreasing the rear yard setback from 7.5 metres to 6.5 metres;
c) increasing the maximum lot coverage of the dwelling from 40% to 50%;
d) increasing the maximum lot coverage for the total of all buildings and structures from
45% to 52%; and
e) increasing the maximum outside width of the garage from 6.4 metres to 9.4 metres.
The matter was then put to a vote and was carried out as follows, signed by all members
present and concurring that this is the Committee Decision on A-2025-0007 on April 24,
2025.
Committee
Member
Yes No
Wendy Partner Absent
Dave Eastman
Noel Gamble Absent
Minutes –April 24, 2025 Page 2
Committee of Adjustment Meeting
Shelley Pohjola
Todd Taylor
Gord Wallace Absent
Brad Whittle
“Carried”
7.2 File: A-2025-0010 and A-2025-0011
Owner/Agent: Jan Choi and Ryan Farrow
Staff: Akibul Hoque
Address: 18 Rose Cresent, Newtonville
Application:
1. The purpose of the application is to reduce the minimum lot area from 4000 square
meters to 2448.5 square meters on the severed lot and to reduce minimum lot area from
4000 square meters to 2447.3 square meters on the retained lot in the associated
consent application (B2025-0011).
2. Public notification was conducted in accordance with the Planning Act which included
signage being installed on the subject site and a mail out to all property owners within 60
metres of the subject site.
3. Comments were received from external agencies and internal departments. The
Regional Health Department comments noted that they require a peer review by one of
the Region’s Peer Review Consultants of the Hydrogeological Study to be conducted, to
the Region of Durham and Municipality of Clarington’s satisfaction.
4. No comments were received in opposition to the application from members of the public.
5. Based on the Regional Health Department comments, staff recommend tabling of the
minor variance application for a period of up to one (1) year and no later than April 2026.
Discussion:
No members of the public spoke regarding this application.
The applicant, Lynda Farrow, spoke and provided an overview of the application.
The applicant states that they have read and agreed to the conditions of the
Staff’s recommendation.
Minutes –April 24, 2025 Page 2
Committee of Adjustment Meeting
D. Eastman to applicant: Referring to the background section of the staff report, it
appears that there is an existing accessory building situated on the property without a
principal dwelling, which is not permitted by the Zoning By-Law. Can we confirm?
L. Farrow responded: The accessory structure is located on the retained lot and is
grandfathered into the property, as it was established prior to the implementation of the
Clarke Zoning By-Law.
Motion to table A-2025-0010 and A-2025-0011 as recommended by Shelley Pohjola,
seconded by Dave Eastman. Time tabled 7:30pm.
Full text of Decision:
That application A2025-0010 & A2025-0011, for a Minor Variance to Section 9.2.a. of
Zoning By-law 84-63, to reduce the minimum lot area from 4000 square meters to 2448.5
square meters on the severed lot and to reduce minimum lot area from 4000 square
meters to 2447.3 square meters on the retained lot in the associated consent application
(B2025-0011), be tabled for a period of up to one (1) year and no later than April 2026.
The matter was then put to a vote and was carried out as follows, signed by all members
present and concurring that this is the Committee Decision on A-2025-0010 and A-2025-
0011 on April 24, 2025.
Committee
Member
Yes No
Wendy Partner Absent
Dave Eastman
Noel Gamble Absent
Shelley Pohjola
Todd Taylor
Gord Wallace Absent
Brad Whittle
“Carried”
7.2 File: A-2025-0012
Owner/Agent: Harry Olsen
Staff: Akibul Hoque
Address: 4488 Reid Road, Clarke
Minutes –April 24, 2025 Page 2
Committee of Adjustment Meeting
Application:
1. The purpose of the application is to facilitate the construction of an addition to an existing
detached garage by increasing the maximum permitted accessory total floor area from
90 square metres to 235 square metres and by increasing the maximum permitted
accessory building height from 4.5 metres to 6.55 metres.
2. Public notification was conducted in accordance with the Planning Act which included
signage being installed on the subject site and a mail out to all property owners within 60
metres of the subject site.
3. No comments were received in opposition to the application from external agencies or
internal departments. Comments were outstanding from the Ganaraska Region
Conservation Authority (GRCA).
4. No comments were received in opposition to the application from members of the public.
5. Staff recommend that application A2025-0012 for a Minor Variance to Section 3.1.c of
Zoning By-law 84-63 be approved.
Discussion:
No members of the public spoke regarding this application.
The applicant/owner, Harry Olson, spoke and provided an overview of the
application. The owner/applicant states that they have read and agreed to the
conditions of the Staff’s recommendation.
D. Eastman to staff- The Ganaraska Region Conservation Authority (GRCA)
comments are outstanding, should we be concerned?
A. Hoque responded- The Ganaraska Region Conservation Authority (GRCA) was
circulated for comments; however, staff did not receive their comments by the commenting
deadline. As such, the applicant is required to get in touch with the GRCA prior to and/or at
the building permit stage to determine if a GRCA permit is required. The GRCA will review
the proposal in relation to their policies/regulations.
Motion to approve A-2025-0012 as recommended by Brad Whittle, seconded by Dave
Eastman. Time approved 7:38pm
Full text of Decision:
That application A2025-0012, for a Minor Variance to Section 3.1.c of Zoning By-law 84-
63, to facilitate the construction of an addition to an existing detached garage by increasing
the maximum permitted accessory total floor area from 90 square metres to 235 square
metres and by increasing the maximum permitted accessory building height from 4.5
metres to 6.55 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.
Minutes –April 24, 2025 Page 2
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-2025-0012 on April 24,
2025.
Committee
Member
Yes No
Wendy Partner Absent
Dave Eastman
Noel Gamble Absent
Shelley Pohjola
Todd Taylor
Gord Wallace Absent
Brad Whittle
“Carried”
7.2 File: A-2025-0014 and A-2025-0016
Owner/Agent: Jonah Szent-Ivany
Staff: Ainsley Johnston
Address: 5 Lynwood Avenue, Courtice
Application:
1. The purpose of the application is to facilitate the creation of two new lots, Parts 2 and 3
of the Draft Reference Plan, for associated Consent Applications B2025-0012 & B2025-
0013 by reducing the minimum lot area from 560 square metres to 390.08 square metres
and by reducing the minimum lot frontage from 16 metres to 12.19 metres, and to
facilitate the development of single detached dwellings on the lots by increasing the
maximum total lot coverage for the dwelling from 30% to 40%, and to increase the
maximum total lot coverage for all buildings and structures from 40% to 45%.
2. Public notification was conducted in accordance with the Planning Act which included
signage being installed on the subject site and a mail out to all property owners within 60
metres of the subject site.
3. No comments were received in opposition to the application from external agencies or
internal departments.
Minutes –April 24, 2025 Page 2
Committee of Adjustment Meeting
4. One comment was received in opposition to the application from members of the public.
The nature of the concerns was that the development is a major renovation through the
demolition of the existing dwelling with construction of two new dwellings.
5. Staff recommends that application A2025-0014 & A2025-0016 for Minor Variance to
Sections 12.4.32.a, 12.4.32.b.i., 12.4.32.d.i., and 12.4.32.d.ii of Zoning By-law 84-63 be
approved subject to the conditions in the Staff Report.
Discussion:
One member of the public who is the owner of the neighbouring property at 8
Westmore Street, D. LeBlanc, spoke in opposition to the development with
concerns surrounding creating three homes. The member of the public stated
they are unable to determine if the proposed frontages go beyond the property
lines of the other four homes [fronting onto the north side of Westmore Street].
They asked questions on where the existing mailbox and fire hydrant will be
placed and expressed concerns that their backyard looks into the back of the
three proposed homes.
D. Eastman asked Member of the Public: Your side yard looks into?
D. LeBlanc: Side yard looks into backyard of 5 Lynwood.
D. Eastman asked the member of the public for clarification on how the
proposed houses are looking into their backyard if the three proposed homes are
fronting onto Westmore.
D. LeBlanc: Our backyard looks into the back of the house
D. Eastman: Okay, thank you.
Chair asked if there are any other questions.
S. Pohjola to Staff: The lady mentioned concerns regarding Canada Post and
fire. Can you speak to those issues? I see that the report says no comments or
concerns regarding either. It would be helpful.
A. Johnston: Canada Post was circulated and they provided no comments or
concerns. The applicant will have to work with Canada Post on relocating the
mailbox. Regional Works had no comments or concerns regarding the fire
hydrant.
D. LeBlanc asked Staff: Where are they going to be placed?
A. Johnston: Applicant will have to work with Works as they did not provide Staff
any comments or conditions.
D. LeBlanc asked Staff: The proposed three homes are in line with the current
homes?
Minutes –April 24, 2025 Page 2
Committee of Adjustment Meeting
A. Johnston: The three proposed homes are fronting onto Westmore and are in
alignment with the member of the public’s home. For clarification to the
committee, the backyard she has been referring to is the existing backyard for
the existing dwelling on Lynwood. The backyards of the proposed dwellings will
be in alignment with neighbouring backyard.
D. Eastman to Staff: What is the backyard of the property now will be the side
yard for the member of the public once these homes are built. It will be side yard
to side yard?
A. Johnston: The Site Plan attached in the Staff Report shows where the
existing backyard is, is essentially where the two new lots will be located. The
interior side yards are in alignment with the member of the publics interior side
yard.
D. Eastman: A number of comments are outstanding. Are there any concerns
they can be adversely affecting the application?
A. Johnston: For the comments outstanding, there are no concerns. There is a
condition in the Staff Report for the land division application in regards to
Health’s comments. The circulation email noted that if there are no comments
received, it will be interpreted as there are no concerns.
D. Eastman: It might be more appropriate under comments, if there are ones
outstanding and Staff are sure there are no concerns, to list them as no
concerns. There are multiple outstanding comments and it is a red flag.
A. Johnston: We interpret that as no concerns.
D. Eastman: Should it not be marked as no concerns?
Chair asked S. Parish to comment.
S. Parish: Moving forward in future reports, Staff can note it as no concerns.
D. Eastman: Thank you. It is more clear for the Committee if Staff are confident
there are no problems that marking it as no concerns is more appropriate.
J. Circo: Staff received Fire’s comments and there are no concerns or
objections.
Chair turned it over to the applicant to come forward and address the
Committee.
The applicant/owners, Jonah and Luke Szent-Ivany, spoke and provided an
overview of the application.
L. Szent-Ivany: The two lots will mirror the look and plan of existing homes
fronting onto Westmore and provided clarification that the existing backyard on
Lynwood will be the side yards. The applicants will work with Canada Post for
relocation of the mailbox.
Minutes –April 24, 2025 Page 2
Committee of Adjustment Meeting
J. Szent-Ivant: Applicants are looking to conform with the existing
neighbourhood and mirror the houses fronting onto Westmore including
landscaping and the driveway.
D. Eastman asked the Applicants to confirm they are aware of the two conditions
in the Staff Report to remove the single detached dwelling and the accessory
structure.
J. Szent-Ivany: Agree with conditions.
Motion to approve A2025-0014 and A2025-0016 as recommended by Dave
Eastman, seconded by Shelley Pohjola. Time approved 7:52 P.M.
Full text of Decision:
That Minor Variance Application A2025-0014 for variances to Section 12.4.32.a. by
reducing the minimum lot area from 560 square metres to 390.08 square metres, Section
12.4.32.b.i. by reducing the minimum lot frontage from 16 metres to 12.19 metres, Section
12.4.32.d.i. by increasing the maximum lot coverage for the dwelling from 30% to 40%,
and Section 12.4.32.d.ii by increasing the maximum total lot coverage for all buildings and
structures from 40% to 45% within Zoning By-law 84-63 to facilitate the severance of Part
2 on the draft reference plan and the construction of a single detached dwelling be
approved subject to the following condition;
a. That the applicant must demolish the existing single detached dwelling on the
proposed retained and severed parcel; a demolition permit is required.
b. That Minor Variance Application A2025-0016 for variances to Section 12.4.32.a.
by reducing the minimum lot area from 560 square metres to 390.08 square
metres, Section 12.4.32.b.i. by reducing the minimum lot frontage from 16
metres to 12.19 metres, Section 12.4.32.d.i. by increasing the maximum lot
coverage for the dwelling from 30% to 40%, and Section 12.4.32.d.ii by
increasing the maximum total lot coverage for all buildings and structures from
40% to 45% within Zoning By-law 84-63 to facilitate the severance of Part 3 on
the draft reference plan and the construction of a single detached dwelling be
approved subject to the following condition;
c. That the applicant must demolish the existing accessory structure on the
proposed parcel; a demolition permit is required as it maintains the general
intent and purpose of the Clarington Official Plan, maintains the general intent
and purpose of Zoning By-law 84-63, is desirable for the appropriate
development or use of the land, and is minor in nature.
The matter was then put to a vote and was carried out as follows, signed by all members
present and concurring that this is the Committee Decision on A2025-0014 and A2025-
0016 on April 24, 2025.
Minutes –April 24, 2025 Page 2
Committee of Adjustment Meeting
Committee
Member
Yes No
Wendy Partner Absent
Dave Eastman
Noel Gamble Absent
Shelley Pohjola
Todd Taylor
Gord Wallace Absent
Brad Whittle
“Carried”
7.2 File: A-2025-0015
Owner/Agent: Emily Santos
Staff: Akibul Hoque
Address: 6100 Henry Road, Darlington
Application:
1. The purpose of the application is to facilitate the construction of a detached garage by
increasing the maximum permitted accessory total floor area from 90 square metres to
160 square metres and by increasing the maximum permitted garage height from 5
metres to 6 metres.
2. Public notification was conducted in accordance with the Planning Act which included
signage being installed on the subject site and a mail out to all property owners within 60
metres of the subject site.
3. No comments were received in opposition to the application from external agencies or
internal departments. Comments were outstanding from the Durham Region Health
Department.
4. One inquiry was received from a member of the public inquiring about the minor variance
proposal; however, no concerns or objections were raised for the application.
5. Staff recommend that application A2025-0015 for a Minor Variance to Section 4.1.3 of
Zoning By-law 2005-109 be approved.
Minutes –April 24, 2025 Page 2
Committee of Adjustment Meeting
Discussion:
No members of the public spoke regarding this application.
The applicant/owner, Emily Santos, spoke and provided an overview of the
application. The owner/agent states that they have read and agreed to the
conditions of the Staff’s recommendation. Following the presentation, the
Committee did not raise any questions or concerns.
Motion to approve A-2025-0015 as recommended by Shelley Pohjola, seconded by Dave
Eastman. Time approved 7:58pm
Full text of Decision:
That application A2025-0015, for a Minor Variance to Section 4.1.3 of Zoning By-law 2005-
109 to facilitate the construction of a detached garage by increasing the maximum
permitted accessory total floor area from 90 square metres to 160 square metres and by
increasing the maximum permitted garage height from 5 metres to 6 metres be approved,
as it maintains the general intent and purpose of the Clarington Official Plan and Zoning
By-law 2005-109, is desirable for the appropriate development or use of the land and is
minor in nature.
The matter was then put to a vote and was carried out as follows, signed by all members
present and concurring that this is the Committee Decision on A-2025-0015 on April 24,
2025.
Committee
Member
Yes No
Wendy Partner Absent
Dave Eastman
Noel Gamble Absent
Shelley Pohjola
Todd Taylor
Gord Wallace Absent
Brad Whittle
“Carried”
Minutes –April 24, 2025 Page 2
Committee of Adjustment Meeting
8. Adoption of Minutes of Previous Meeting, March 27, 2025.
Note: Deferred to the May 22, 2025, Committee of Adjustment meeting, since only two members;
D. Eastman and T. Taylor were present at the March 27, 2025, meeting.
9. Other Business
T. Taylor called upon the Secretary- Treasurer for new business.
S. Parish- Staff noted that if a committee member is not attending meetings or
responding, the committee can decide how to proceed. If removal is recommended,
staff must be informed, and a report must go to Council. Additionally, staff noted,
following a discussion between D. Eastman and Staff prior to the meeting, that if a
recirculation fee is ever required, it will be identified and included within the staff
report and committee motion.
Chair T Taylor asked if there is any further business.
D. Eastman- Expressed concerns about committee attendance and emphasized that
while occasional absences are understandable, members are committed to
participating when they joined. Meeting dates are provided well in advance, and
members should make every effort to attend.
B Whittle responded- Wanted to clarify if Committee Meetings will be held in person
going forward?
S. Parish responded – It is up to the Committee to decide if meetings are to remain
hybrid or in person.
S. Pojhola added – Is there any concerns from Council on Committee of Adjustment
attendance?
S. Parish responded– Not aware of any concerns from Council regarding the
Committee attendance.
10. Adjournment
Last Date of Appeal for tonight’s minor variance applications: May 14, 2025
Next Meeting: May 22, 2025.
Chair Todd Taylor asked for a motion from the Committee.
Motion to adjourn the meeting was moved by Dave Eastman, seconded by Brad
Whittle.
“That the April 24, 2025, Committee of Adjustment be adjourned. Time is 8:05pm”
“Carried”
Planning and Infrastructure Services
Committee of Adjustment
Minor Variance
Summary of Comments Submitted
A-2025-0010 and A2025-0011
18 Rose Crescent, Newtonville
Clarington Development Engineering Division No concerns – See Attachment 1
Clarington Building Division No concerns– See Attachment 2
Clarington Fire and Emergency Services Department No concerns – See Attachment 3
Durham Region Works No concerns -- See Attachment 8
Municipality of Clarington
Committee of Adjustment
A2025-0010 and A2025-0011 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: August 27, 2026
File Number: A2025-0010 and A2025-0011
Address: 18 Rose Crescent, Newtonville, ON
Report Subject: A minor variance application to reduce the minimum lot area from 4000
square meters to 2448.5 square meters on the severed lot and to reduce
minimum lot area from 4000 square meters to 2447.3 square meters on
the retained lot in the associated consent application (B2025-0011).
B2025-0011, A2025-0010 and A2025-0011 were tabled in April 2026 for a
period of one year to allow for the peer review of a Hydrogeological Study,
which has now been completed.
Recommendations:
1. That the Report for Minor Variance Applications A2025-0010 and A2025-0011 be
received;
2. That all written comments and verbal submissions are considered in the deliberation of
this application;
3. That application A2025-0010 and A2025-0011, for a Minor Variance to Sections 9.2 a to
reduce the minimum lot area from 4000 square meters to 2448.5 square meters on the
severed lot and to reduce minimum lot area from 4000 square meters to 2447.3 square
meters on the retained lot in the associated consent application (B2025-0011). in the
associated consent application B2025-0011 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
A2025-0010 and A2025-0011 Page 3
1. Application Details
1.1 Owner:
1.2 Applicant: Jan Choi and Lynda Farrow
area from 4000 square meters to 2448.5 square
meters on the severed lot and to reduce minimum lot
area from 4000 square meters to 2447.3 square
meters on the retained lot in the associated consent
application (B2025-0011). B2025-0011, A2025-0010
and A2025-0011 were tabled in April 2026 for a period
of one year to allow for the peer review of a
Hydrogeological Study, which has now been
completed.
lot sizes resulting from the proposed severance are as
follows:
Part 1 (severed lot): 0.24 hectares (0.6 acres);
Part 2 (retained lot): 0.24 hectares (0.6 acres).
Plan Designation: Hamlet
Designation: Hamlet
1.9 Water, Sewage and
Storm Servicing: Regional water and septic system
Municipality of Clarington
Committee of Adjustment
A2025-0010 and A2025-0011 Page 4
Figure 1: Property Location Map
Municipality of Clarington
Committee of Adjustment
A2025-0010 and A2025-0011 Page 5
2. Background
2.1 On February 28, 2025, Planning Staff received a Consent Application and Minor
Variance Application from the agent of 18 Rose Crescent, Newtonville. The proposed
application is to facilitate the creation of a new rural resident lot. The intention of the
applicant/owner is to sell the proposed severed parcel
2.2 The purpose of the minor variance applications is to reduce the minimum lot area from
4000 square meters to 2448.5 square meters on the severed lot and to reduce minimum
lot area from 4000 square meters to 2447.3 square meters on the retained lot in the
associated consent application (B2025-0011) (see Attachment 4). The approval
of these minor variance applications is a condition of approval for the
associated consent application B2025-0011.
2.3 The subject property as it is today, contains an existing accessory building, but no
principal dwelling. The proposal intends to retain this accessory building on the newly
created retained lot. Zoning By-law 84-63 does not permit accessory buildings on lots
that do not contain a principal dwelling. The applicant/owner has provided an affidavit to
demonstrate legal non-conforming status of the existing accessory building, which
existed prior to the passing of the former zoning by-law, Clarke By-law 1592, on May
28,1968 (see Attachment 5). The applicant is entitled to retain the existing accessory
building on the lot without a dwelling.
2.4 During a site visit conducted by Staff on April 10, 2025, it was observed that a shipping
container was being stored at the rear of the accessory building on the subject property.
According to Section 3.1.h) of Zoning By-law 84-63, shipping containers are not
permitted to be used as accessory structures or stored on properties within the
Municipality of Clarington. The owner confirmed the shipping container was removed in
August 2025.
2.5 At the Committee of Adjustment Meeting on April 24, 2025, both the above noted minor
variance applications and this consent application were tabled for a period of up to one
year at the request of Durham Region Community Growth and Economic Development
Department to conduct a peer review of the Hydrogeological study (see Attachment 6
and Attachment 7). The application is back before the Committee as the peer review
has now been completed.
3. Land Characteristics and Surrounding Uses
3.1 The subject property is located Southeast of Highway 2 on the north side of Rose
Crescent (See Figure 1).
3.2 The property is an unusual shape that has an area of is 0.49 hectares (1.2 acres). The
depth is 35.63 metres on the west side and 55.71 on the east side. The lot frontage is
107.9 metres along Rose Crescent.
3.3 The surrounding area is residential and consists of single-detached dwellings.
Municipality of Clarington
Committee of Adjustment A2025-0010 and A2025-0011 Page 6
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. This application was
tabled on April 23, 2026 for a period of up to one year. New signage was installed and
additional mailouts were sent out in advance of the August 27, 2026 meeting.
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 Hamlet, a type of Rural Settlement within the
Durham Regional Official Plan (Envision Durham). According to Section 6.5 of Envision
Durham one of the objectives of Rural Settlements is to “Support the rural character and
cultural heritage of existing Rural Settlements while permitting limited growth through
infilling.” The proposal is in line with the Durham Region Official Plan as it is facilitating
infill within a hamlet.
5.2 The subject property is designated Hamlet within the Clarington Official Plan. According
to policy 12.4.1 of the Clarington Official Plan, Hamlets should be primarily used for
single detached dwellings.
5.3 Section 12.4.5 specifically discusses Hamlets within Newtonville. It notes that all
development within Newtonville must be municipally serviced. It also mentions lot sizes
may be reduced if engineering studies show that “the soil and groundwater conditions
can support reduced lot sizes without contaminating soil or groundwater.” The
applicants have submitted a Hydrogeological Assessment prepared by Cambium in
2024 and peer reviewed by the Region of Durham and RJ Burnside. This assessment
demonstrates the smaller lot sizes can be accommodated.
5.4 It is Staff’s opinion the application meets the intent and purpose of the Regional Official
Plan and Clarington Official Plan.
Municipality of Clarington
Committee of Adjustment
A2025-0010 and A2025-0011 Page 7
Maintains the general intent and purpose the Zoning By-law 84-63
5.5 The subject property is zoned “Hamlet’’ within Zoning By-Law 84-63.
5.6 The minimum lot area in the zone is 4000 square metres. The minor variance is to
reduce the minimum lot area 2448.5 square metres on the severed lot and 2447.3
square metres on the retained lot.
5.7 The intent and purpose of the minimum lot area provision is to create consistent lot
sizes within the neighbourhood and ensure adequate space for the dwelling as well as
parking and outdoor yard space. There lots surrounding the property vary from
approximately 1,000 square metres to approximately 4000 square metres. There are
lots in the neighbourhood, which are consistent with the proposed lot size. The lot
directly across the street is approximately 2,600 square metres. It is Staff’s opinion that
the reduced lot area maintains the intent and purpose of the provision within Zoning By-
Law 84-63.
Desirable for the appropriate development or use of the land, building or structure
5.8 The proposed minor variance and consent applications gently intensify the
neighborhood by facilitating the creation of a new lot, which would allow for two single
detached dwelling units.
5.9 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.
5.10 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
5.11 While the proposal is to reduce the lot area, the lot sizes are consistent with the
surrounding area and can adequately accommodate a new dwelling, parking and
outdoor amenity space. The Hydrogeological Assessment also demonstrates that
reducing the lot sizes will not have any adverse impacts
5.12 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 A2025-0010 and A2025-0011, for a Minor Variance to
Section 9.2a to reduce the minimum lot area from 4000 square meters to 2448.5 square
meters on the severed lot and to reduce minimum lot area from 4000 square meters to
2447.3 square meters on the retained lot in the associated consent application (B2025-
0011). in the associated consent application B2025-0011 be approved, as it maintains
Municipality of Clarington
Committee of Adjustment A2025-0010 and A2025-0011 Page 8
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
A2025-0010 and A2025-0011 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
Attachment 3 – Fire and Emergency Services Comments
Attachment 4– Draft Survey
Attachment 5 – Affidavit
Attachment 6 – April 2026 Staff Report for A2025-0010 and A2025-0011
Attachment 7 – April 2026 Staff Report for B2025-0011
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.
A2025-0010/0011
The applicant requires a Minor Variance to reduce the minimum lot area from 4000
square meters to 2448.50 square meters on the severed lot and to reduce
minimum lot area from 4000 square meters to 2447.3 square meters on the
retained lot in the associated consent application (B2025 -0011).
Development Engineering has reviewed the above-noted application and have no
objection to this proposal subject to the following comments:
The applicant/owner must provide this Division with a preliminary Lot Grading &
Drainage Plan satisfactory to the Deputy CAO of Planning and Infrastructure
Services prior to the clearance of consent for this severance.
The Preliminary Grading and Drainage Plan must show how surface runoff will be
managed and outline the water and septic service provisions for the lot.
Refer to the comments associated with Land Division Application B2025-0011.
If you have any questions regarding the above-noted comments, please contact
Julia Antonova, Planning and Infrastructure Services Department.
Karen Richardson, P.Eng.
Manager of Development Engineering
KR/JA
To: Hebah Masood, Planner II
From: Karen Richardson, Manager of Development Engineering
Date: July 27, 2026
Subject: Minor Variance Application A2025-0010/0011
File: Applicant: Lynda Farrow
Address: 18 Rose Cresent, Newtonville
Part Lot 08, Concession 01, Former Township of Clarke
Attachment 1
The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6
www.clarington.net1-800-563-1195 | Local: 905-623-3379 | info@clarington.net |
If this information is required in an alternate format, please contact the Accessibility Coordinator
at 905-623-3379 ext. 2131.
To: Planning and Infrastructure Services
From: Planning and Infrastructure Services - Building
Date: Apr 21, 2026
Subject: Planning - Building Division Review Complete
File: A-2025-0010
This memo is to provide comments from the Clarington Building Division, regarding the
above noted file. The review has been completed and the below comments have been
made regarding it:
No comments at this stage
Regards,
Brendan Grigg
Deputy Chief Building Official/Supervisor of Building
Planning and Infrastructure Services - Building
BGrigg@Clarington.net
(905) 623-3379 e 2313
Attachment 2
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, 40 Temperance Street, Bowmanville, ON L1C 3A6
1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net
To: Planning and Infrastructure Services
From: Emergency and Fire Services - Fire Prevention
Date: Mar 17, 2026
Subject: EFS Review Complete
File: A-2025-0010
This memo is to provide comments from the Clarington Emergency and Fire Services,
Fire Prevention Division regarding the above noted file. The review has been completed
and the below comments have been made regarding it:
No fire safety concerns.
Regards,
--
Jeff Norris
Fire Inspector
Emergency and Fire Services - Fire Prevention
JNorris@Clarington.net
(905) 623-3379 e 2809
Attachment 3
Attachment 4
Attachment 5
Planning and Infrastructure Services
Committee of Adjustment
Consent
A2025-0010 & A2025-0011
18 Rose Crescent, Newtonville
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Date of Meeting: April 23, 2026
File Number: A2025-0010 and A2025-0011
Address: 18 Rose Crescent, Newtonville, ON
Report Subject: A minor variance application to reduce the minimum lot area from 4000
square meters to 2448.5 square meters on the severed lot and to reduce
minimum lot area from 4000 square meters to 2447.3 square meters on
the retained lot in the associated consent application (B2025-0011).
B2025-0011, A2025-0010 and A2025-0011 were tabled in April 2025 for a
period of one year to allow for the peer review of a Hydrogeological Study,
which is still underway. As such, staff will be recommending this
application be tabled again for a period of up to one year.
Recommendations:
1.1. That the Report for Consent Application B2026-0002 be received;
1.2. That all written comments and verbal submissions are considered in the deliberation of
this application;
1.3. That minor variance applications A2025-0010 and A2025-0011, be tabled for a period
of up to one year and no later then April 2027 to allow for the peer review of the
Hydrogeological Study to be completed.
1.4. That all interested parties listed in this report be forwarded a copy of the Committee’s
decision.
Attachment 6
Municipality of Clarington
Committee of Adjustment
A-2025-0010 and A-2025-0011 Page 2
1. Application Details
1.1 Owner:
1.2 Proposal:
area from 4000 square meters to 2448.5 square meters
on the severed lot and to reduce minimum lot area from
4000 square meters to 2447.3 square meters on the
retained lot in the associated consent application (B2025-
0011). B2025-0011, A2025-0010 and A2025-0011 were
tabled in April 2025 for a period of one year to allow for
the peer review of a Hydrogeological Study, which is still
underway. As such, staff will be recommending this
application be tabled again for a period of up to one year.
Designation:
Designation:
Municipality of Clarington
Committee of Adjustment
A-2025-0010 and A-2025-0011 Page 3
Figure 1 – Lands Subject to Consent Application
Municipality of Clarington
Committee of Adjustment
A-2025-0010 and A-2025-0011 Page 4
2.Background
2.1 On February 28, 2025, Planning Staff received a Consent Application and Minor
Variance Application from the agent of 18 Rose Crescent, Newtonville. The proposed
application is to facilitate the creation of a new rural resident lot. The intention of the
applicant/owner is to sell the proposed severed parcel (see Figure 2).This application is
in conjunction with a land division file B2025-0011.
2.2 At the Committee of Adjustment Meeting on April 24, 2025, both the above noted minor
variance applications and this consent application wer e tabled for a period of up to
one year at the request of Durham Region Health and Durham Region Community
Growth and Economic Development Department to conduct a peer review of the
Hydrogeological study. This peer review is still underway. As such, s taff are
recommending this application be re-tabled for a period of up to one year to allow for
the peer review to be completed. 2.3 The subject property as it is today, contains an existing accessory building, but no
principal dwelling. The proposal intends to retain this accessory building on the newly
created retained lot. However, Zoning By-law 84-63 does not permit accessory buildings
on lots that do not contain a principal dwelling. Furthermore, accessory
buildings/structures are accessory to a principal residential use and are not permitted by
the Zoning By-law to be on a rural residential property unless a dwelling existed on the
subject property. As a condition of the consent application, the applicant/owner will be
required to demonstrate legal non-conforming of the existing accessory building was in
existence prior to the passing of the former zoning by-law, Clarke By-law 1592, on May
28,1968 in order to retain the existing accessory building on the lot without a dwelling.
2.4 During a site visit conducted by Staff on April 10, 2025, it was observed that a shipping
container was being stored at the rear of the accessory building on the subject property.
According to Section 3.1.h) of Zoning By-law 84-63, shipping containers are not
permitted to be used as accessory structures or stored on properties within the
Municipality of Clarington. The owner confirmed the shipping container was removed in
August 2025.
2.5 The applicant has shared email correspondence with staff regarding the timeline of the
Hydrogeological Study peer review. The applicant also met with Staff on April 8, 2026 to
provide an update and has actively been working with staff to prove legal non-
conforming status of the accessory structure.
3. Land Characteristics and Surrounding Uses
3.1 The subject property is located Southeast of Highway 2 on the north side of Rose
Crescent (See Figure 1). The subject property has an area of 4,895.80 square metres
and lot frontage of 107.9 metres. The surrounding uses are as follows:
Municipality of Clarington
Committee of Adjustment
A-2025-0010 and A-2025-0011 Page 5
• South – Rural Residential lots with single detached dwellings, Agricultural
Farmlands and Highway 401;
• North- Rural Residential lots with single detached dwellings, commercial lands
(i.e., Newtonville Country Store and a restaurant), and Agricultural Farmlands;
• East – Rural Residential lots with single detached dwellings; and
• West – Rural Residential lots with single detached dwelling, Lakeview Cemetery,
and Agricultural Farmlands.
5. Public Notice and Submissions
5.1 Pursuant to the requirements of the Planning Act, the appropriate signage notifying of
the application was installed on the subject lands. In addition, a public notice was
mailed to each landowner within 60m of the subject lands. This application was tabled
on April 24, 2025 for a period of up to one year. New signage was installed and
additional mailouts were sent out in advance of the April 23, 2026 meeting.
5.2 At the time of writing this report, Staff have not received any written letters of
opposition regarding the proposal.
6. Conclusion
6.1 That minor variance applications A2025-0010 and A2025-0011, be tabled for a
period of up to one year and no later then April 2027 to allow for the peer review of
the Hydrogeological Study to be completed.
Submitted by:
Hebah Masood
Acting Secretary-Treasurer
Committee of Adjustment at the Municipality of Clarington
Concurrence:
This report has been reviewed by Sarah Gattie, MCIP, RPP, Principal Planner of Development
Review, who concurs with the recommendations.
Staff Contact: Hebah Masood, Planner II, (905) 623-3379 x2437 or hmasood@clarington.net
Attachments:
Attachment 1: Meeting Minutes from April 24, 2025, Committee of Adjustment Meeting
Interested Parties:
N/A
Minutes and Decisions of the Committee of Adjustment
Corporation of the Municipality of Clarington
As per: The Planning Act, and in accordance with
the Provincial Rules of Procedure
Thursday, April 24, 2025
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 Parish Secretary-Treasurer
Hebah Masood Acting Secretary-Treasurer
Akibul Hoque Acting Secretary-Treasurer
Ainsley Johnston Planner
Jacob Circo Acting Secretary-Treasurer
Todd Taylor Chair
Dave Eastman Member
Shelley Pohjola Member
Brad Whittle Member
Absent with Regrets: Wendy Partner, Noel Gamble, Gord Wallace
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”.
4. Swearing in of Ainsley Johnston as Acting Secretary-Treasurer
Minutes –April 24, 2025 Page 2
Committee of Adjustment Meeting
Moved by Dave Eastman Seconder: Shelley Pojhola
Committee
Member
Yes No
Wendy Partner Absent
Dave Eastman
Noel Gamble Absent
Shelley Pohjola
Todd Taylor
Gord Wallace Absent
Brad Whittle
Passed at 6:36 pm.
5.Consent Applications:
4.1 File Number: B-2025-0011
Owner/Agent: Ryan and Lynda Farrow
Staff: Jacob Circo
Address: 18 Rose Cres., Newtonville
Application:
1.The first application before the Committee this evening is File B2025-0011 for 18 Rose
Crescent, Newtonville.
2.The purpose of Consent Application B2025-0011 is to seek consent to facilitate the
creation of a new 2,448.5 square metre rural residential lot with a lot frontage of 48.02
metres (Part 2 on the draft reference plan) while retaining a 2,447.3 square metre rural
residential lot with a lot frontage of 59.88 metres (Part 1 on the draft reference plan). The
proposed severed parcel will support the creation of a single detached dwelling.
3.Public notification was conducted in accordance with the Planning Act which included
signage being installed on the subject site and a mail out to all property owners within 60
metres of the subject site. Please note that the purpose of consent application on the
signage and mailout indicated that the proposed retained parcel contains an existing
single detached dwelling, this is a clerical error as there is no single detached dwelling
on the proposed retained parcel except an existing accessory building and shipping
container. The purpose of the consent application has been revised in the Staff Report.
Minutes –April 24, 2025 Page 2
Committee of Adjustment Meeting
4.At the time of writing the staff report, no comments were received in support or
opposition from the applicant from members of the public.
5.Comments were received from external agencies and internal departments. The
Regional Health Department comments noted that they require a peer review by one of
the Region’s Peer Review Consultants of the Hydrogeological Study to be conducted, to
the Regional Municipality of Durham and Municipality of Clarington’s satisfaction.
6.Based on the Regional Health comments, staff recommend tabling of the consent
application for a period of up to one (1) year and no later than April 2026.
Discussion:
No members of the public spoke regarding this application.
The agent, Lynda Farrow, 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.
Chair T Taylor deferred a question to staff from L Farrow.
L Farrow asked a question to Planning Staff – The Region informed me that I had 2
years to complete this, and Clarington Staff are saying 1 year?
J Circo responded – Correct, the consent application is recommended to be tabled
for 1 year to address the peer review request by the Regional Municipality of Durham
for the hydrogeological study that you had submitted with your consent application.
L Farrow asked a question to Planning Staff – What about the environmental site
assessment that I am working on getting completed for the consent application?
J Circo responded – At this time, the Municipality is not requiring that you have 1
year to have your environmental site assessment study done, the consent application
is only being tabled for 1 year to address the peer review request by the Regional
Municipality of Durham for the hydrogeological study that you had submitted with
your consent application, to be done at the satisfaction of the Municipality of
Clarington and Regional Municipality of Durham Health Department.
Motion to approve B-2025-0011 as recommended by Committee Member Brad
Whittle, seconded by Committee Member Dave Eastman. Approved at 6:42 P.M.
Full text of Decision:
“That application B2025-0011 be tabled, as per the recommendations of Regional
Municipality of Durham’s Community Growth & Economic Development Department and
Health Department (letter dated April 22, 2025) for up to one (1) year and no later than
April 2026”.
The matter was then put to a vote and was carried out as follows, signed by all members
present and concurring that this is the Committee Decision on B-2025-0011 on April 24,
2025.
Minutes –April 24, 2025 Page 2
Committee of Adjustment Meeting
Committee
Member
Yes No
Wendy Partner Absent
Dave Eastman
Noel Gamble Absent
Shelley Pohjola
Todd Taylor
Gord Wallace Absent
Brad Whittle
“Carried”
4.2 File Number: B-2025-0012 and B-2025-0013
Owner/Agent: Jonah & Luke Szent-Ivany
Staff: Jacob Circo
Address: 5 Lynwood Avenue, Courtice
Application:
1.The second and third applications before the Committee this evening are Files B2025-
0012-to-B2025-0013 for 5 Lynwood Avenue, Courtice.
2.The purpose of the consent applications B2025-0012-to-B2025-0013 is to seek consent
to facilitate the creation of two new residential lots. Part 1 of the draft reference plan is
the retained parcel with a lot frontage 21.34 metres and a lot area of 682.8 square
metres. The proposed severed parcels include Parts 2 and 3 of the draft reference plan.
Part 2 has a lot frontage of 12.19 metres and a lot area of 390.08 square metres. Part 3
has a lot frontage of 12.19 metres and a lot area of 390.08 square metres. The existing
single detached dwelling and accessory buildings on the subject property will be
demolished.
3.Public notification was conducted in accordance with the Planning Act which included
signage being installed on the subject site and a mail out to all property owners within 60
metres of the subject site.
4.No comments were received in opposition to the application from external agencies or
internal departments.
Minutes –April 24, 2025 Page 2
Committee of Adjustment Meeting
5.At the time of writing this report, Staff have received a letter from a neighbor in opposition
to the consent and minor variance applications. Concerns were related to the lot sizes
and the impact on their property.
6.Staff recommends that consent applications B2025-0012-to-B2025-0013 be approved
subject to the conditions noted in the staff report.
Discussion:
D LeBlanc spoke in opposition to both consent applications.
D LeBlanc shared concerns regarding the proposed parceling of two properties
adjacent to their home. The resident noted that the area in question
encompasses the backyard of the neighboring property and runs alongside their
own home. They stated that, based on grandfathered zoning rights—particularly
relating to 5 Lynwood Avenue—no additional housing was permitted to be
developed on the subject property. This restriction was reportedly due to existing
sewer infrastructure along the property's frontage on Lynwood Avenue.
D Eastman asked a question to Staff – Based on D Hickey’s comments, can
Staff comment on the sewers that run along Lynwood Avenue, and clarify if there
is holding on the zoning on the subject property?
J Circo responded – Yes, water and sanitary servicing is available off the portion
of the property having frontage along Westmore Street to service the proposed
retained and severed parcels. Furthermore, there is no holding symbol on the
zoning of the property. Our Development Engineering Division has no concerns
with regards to the proposed consent applications from an
infrastructure/servicing standpoint.
Luke and Jonah Szent-Ivany 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-2025-0012 and B-2025-0013 as recommended by Committee
Member Shelley Pojola, seconded by Committee Member Brad Whittle. Time
approved: 6:51 P.M.
Full text of Decision:
“That consent applications B2025-0012 and B2024-0013 be approved subject to the
conditions in the staff report
Minutes –April 24, 2025 Page 2
Committee of Adjustment Meeting
Conditions of Approval:
Section 1: General
1. That the applicant satisfies all the requirements of the Municipality of Clarington’s
Development Engineering Department, financial and otherwise as detailed in the
Development Engineering letter, dated March 31, 2025.
2. That the applicant satisfies all the requirements of the Regional Municipality of
Durham’s Health Department, concerning the provision of regional services,
financial and otherwise as detailed in the Regional Community Growth & Economic
Development Department letter, dated April 22, 2025.
3. That the applicant satisfies all the requirements of the Regional Municipality of
Durham’s Works Department, concerning the provision of regional services,
financial and otherwise as detailed in the Regional Works Department letter, dated
April 22, 2025.
4. The owner, applicant or agent must enter into a consent agreement with the
Municipality of Clarington.
5. 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.
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 minor variance application to seek approval
from the Committee of Adjustment for a reduction in the minimum required lot area
and lot frontage as per Section 12.4.32 of Zoning By-law 84-63 for the proposed two
severed parcels. In order to clear this condition, the minor variance application is to
be approved and become final and binding after a 20-day mandatory appeal period.
9. 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.
Minutes –April 24, 2025 Page 2
Committee of Adjustment Meeting
10.The applicant shall remove the dwelling and accessory buildings or structures from
the proposed retained and severed lots.
11.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.
12.The agent/owner is required to remit payment of the outstanding Region of Durham
Health Department commenting fee of $915. Furthermore, the agent/owner is
required to have septic system be removed at the satisfaction of the Municipality of
Clarington and Region of Durham Health Department prior to the registration of the
consent agreement.
13.The agent/owner is required to have all 3 proposed lots to be connected to municipal
water and municipal sanitary services prior to the registration of the consent agreement
at the satisfaction of the Municipality of Clarington and Region of Durham Works
Department.
14.The Owner shall provide a cash-in-lieu of parkland payment in accordance with Section
53(12.1) and (13) of the Planning Act and the Municipality of Clarington’s Parkland
Dedication By-law and is based on the value of the lands on the day before the
issuance of the first building permit. The value of the lands shall be supported by a
certified land appraisal, to the satisfaction of the Deputy CAO of Planning and
Infrastructure Services.
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-2025-0012 and B-2025-
0013 on April 24, 2025.
Committee
Member
Yes No
Wendy Partner Absent
Dave Eastman
Minutes –April 24, 2025 Page 2
Committee of Adjustment Meeting
Noel Gamble Absent
Shelley Pohjola
Todd Taylor
Gord Wallace Absent
Brad Whittle
“Carried”
6.Minute Recess @ 6:52 P.M. and the meeting resumed at 6:57 P.M.
7.Declaration of Interest for Minor Variance Applications
None
8.Minor Variance Applications
7.1 File: A-2025-0003, A-2025-0004 and A-2025-0005
Owner/Agent: Craig Noftle
Staff: Akibul Hoque
Address: 287 Liberty St. N, Bowmanville
Application:
1.The purpose of the application is to facilitate the creation of semi-detached dwelling lots
by reducing minimum lot area, minimum lot frontage, and increasing rear balcony
projections as follows:
a. A2025-0003- A2025-0004: To reduce minimum lot area from 550 square metres
to 411.20 square metres, to reduce minimum lot frontage from 18 metres to 15.58
metres, and to increase the rear balcony projection from 1.5 metres to 2.35
metres (Lot 1 and Lot 2-Parts 1, 2,3,4);
b. A2025-0005: To reduce minimum lot area from 550 square metres to 435.3
square metres, to reduce minimum lot frontage from 18 metres to 16.54 metres,
and to increase the rear balcony projection from 1.5 metres to 2.20 metres (Lot 3-
Parts 5 and 6).
Minutes –April 24, 2025 Page 2
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. No comments were received in opposition to the application from external agencies or
internal departments.
4. Comments were received in opposition to the application from members of the public.
The concerns are related to balcony projections and privacy.
5. Staff recommend that applications A2025-0003, A2025-0004 & A2025-0005 for a Minor
Variance to Section 12.2.a.ii), Section 12.2.b.ii) and Section 3.1.g.iv) of Zoning By-law
84-63 be approved.
Discussion:
A member of the public spoke in opposition to the proposal.
C. Henry (speaking on behalf of his father)- He is concerned with the lot frontages and
increased balcony projections. He is concerned that there are single family homes situated
behind 287 Liberty Street, and the proposed balconies would cause privacy concerns.
C. Noftle spoke and provided an overview of the application. The owner/owner states that
they have read and agreed to the conditions of the Staff’s recommendation.
C. Noftle: Regarding the balcony projections concerns, with all due respect, these
projections are intended to provide a bit more space for the upper units. Given that the
properties are semi-detached dwellings with accessory units in the basement, the goal is
simply to provide more room for the future residents.
D Eastman to applicant: Are there additional dwelling units proposed for these semi-
detached dwellings? Are the balconies proposed on the second or third floor?
C. Noftle: Correct, additional dwelling units (ADUs) are proposed in the basement of the
semi-detached dwellings, and the balconies are proposed on the second floor.
B. Whittle to Staff: Are height variances required for these proposals?
A. Hoque: No height variances are required for these proposals at this time.
Motion to approve A-2025-0003, A-2025-0004 and A-2025-0005 as recommended by
Shelley Pohjola, seconded by Dave Eastman. Time approved 7:11pm.
Minutes –April 24, 2025 Page 2
Committee of Adjustment Meeting
Full text of Decision:
A minor variance application to facilitate the creation of semi-detached dwelling lots by
reducing minimum lot area, minimum lot frontage, and increasing rear balcony projections
as follows: A2025-0003- A2025-0004: To reduce minimum lot area from 550 square
metres to 411.20 square metres, to reduce minimum lot frontage from 18 metres to 15.58
metres, and to increase the rear balcony projection from 1.5 metres to 2.35 metres (Lot 1
and Lot 2-Parts 1, 2,3,4). A2025-0005: To reduce minimum lot area from 550 square
metres to 435.3 square metres, to reduce minimum lot frontage from 18 metres to 16.54
metres, and to increase the rear balcony projection from 1.5 metres to 2.20 metres (Lot 3-
Parts 5 and 6).
The matter was then put to a vote and was carried out as follows, signed by all members
present and concurring that this is the Committee Decision on A-2025-0003, A-2025-0004
and A-2025-0005 on April 24, 2025.
Committee
Member
Yes No
Wendy Partner Absent
Dave Eastman
Noel Gamble Absent
Shelley Pohjola
Todd Taylor
Gord Wallace Absent
Brad Whittle
“Carried”
7.2 File: A-2025-0007
Owner: Howard Li - Plainview Heights Property Ltd.
Agent: Paul M DeMelo, Kagan Shastri DeMelo Winer Park LLP
Staff: Hebah Masood
Address: 210, 102, 106, 110, 114, 118, 122, 126, 130, 134 and 138 Jacob Crane Drive,
hereby referred to as Plan 40M2759 Lots 38-48, Newcastle, ON
Application:
1.The purpose of the application is to facilitate Plainview Heights Phase 2, at Plan
40M2759 Lots 38-48 by proposing to:
Minutes –April 24, 2025 Page 2
Committee of Adjustment Meeting
a.decrease the minimum soft landscaping within the front yard or exterior side yard
from 40% to 35%;
b.increase the maximum lot coverage of the dwelling from 40% to 48%;
c.increase the maximum lot coverage for the total of all buildings and structures from
45% to 50%;
d.increase the maximum outside width of the garage from 45% to 62% of the width of
the property;
e.decrease the rear yard setback from 7.5 metres to 7 metres;
f.increase the driveway width from 4.6 metres to 6 metres
2.Public notification was conducted in accordance with the Planning Act which included
signage being installed on the subject site and a mail out to all property owners within 60
metres of the subject site.
3.No comments were received in opposition to the application from external agencies or
internal departments.
4.One comment was received on the application. The nature of the comment was inquiring
about the nature of the proposed development on the property.
5.Staff recommends that application A2025-0007 for a Minor Variance to Section
Zoning By-Law 84-63 Sections 13.4.71, 13.2, and Section 3.16.c.iii as
amended by By-law 2024-032 be tabled for a period of up to 30 days. Staff
have received all the required information from the applicant and will have a
recommendation ready for the May 22, 2025 Committee of Adjustment
meeting.
Discussion:
No members of the public spoke regarding this application.
The agent, P. DeMelo, 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 table A-2025-0007 for 30 days as recommended by Dave, seconded by
Shelley. Time tabled 7:17pm
Full text of Decision:
A minor variance application to facilitate Plainview Heights Phase 2, at Plan 40M2759 Lots
38-48. The application proposes to: a) decrease the minimum soft landscaping within the
front yard or exterior side yard from 40% to 35%; b) increase the maximum lot coverage of
Minutes –April 24, 2025 Page 2
Committee of Adjustment Meeting
the dwelling from 40% to 48%; c) increase the maximum lot coverage for the total of all
buildings and structures from 45% to 50%; d) increase the maximum outside width of the
garage from 45% to 62% of the width of the property; e) decrease the rear yard setback
from 7.5 metres to 7 metres; f) increase the driveway width from 4.6 metres to 6 metres.
The matter was then put to a vote and was carried out as follows, signed by all members
present and concurring that this is the Committee Decision on A-2025-0007 on April 24,
2025.
Committee
Member
Yes No
Wendy Partner Absent
Dave Eastman
Noel Gamble Absent
Shelley Pohjola
Todd Taylor
Gord Wallace Absent
Brad Whittle
“Carried”
7.3 File: A-2025-0008 and A-2025-0009
Owner: Howard Li - Plainview Heights Property Ltd.
Agent: Paul M DeMelo, Kagan Shastri DeMelo Winer Park LLP
Staff: Hebah Masood
Address: 42, 46, 50, 54, 58, 94, 98 and 102 Robert Woodward Trail; 112, 116, 120, 124
and 128 Ronald Hooper Avenue; 119, 175 and 179 Northglen Boulevard; 262, 266, 263
and 259 Crombie Street, hereby referred to as Lot 13 Concession 2, Lots 1, 10-11, 13-14,
28-29 and 36-48), Bowmanville, ON
Application:
1.Files A2025-0007 and A2025-0008 for 2, 46, 50, 54, 58, 94, 98 and 102 Robert
Woodward Trail; 112, 116, 120, 124 and 128 Ronald Hooper Avenue; 119, 175 and 179
Northglen Boulevard; 262, 266, 263 and 259 Crombie Street hereby referred to as Lot
13 Concession 2, Lots 1, 10-11, 13-14, 28-29 and 36-48), Bowmanville, ON.
Minutes –April 24, 2025 Page 2
Committee of Adjustment Meeting
The purpose of A2025-0008 is to facilitate Treasure Hill Bowmanville Incorporated Lot 13
Concession 2 Lots 36-48. The application proposes to:
a. decrease the minimum soft landscaping within the front yard or exterior side yard
from 40% to 33%;
b. increase the maximum lot coverage of the dwelling from 40% to 45%;
c. increase the maximum lot coverage for the total of all buildings and structures from
45% to 47%; and
d. increase the maximum outside width of the garage from 4 metres to 6.2 metres.
The purpose of A2025-0009 is to facilitate Treasure Hill Bowmanville Incorporated Lot 13
Concession 2 Lots 1, 10-14, 28-29. The application proposes to:
a. decrease the minimum soft landscaping within the front yard or exterior side yard
from 40% to 33%;
b. decrease the rear yard setback from 7.5 metres to 6.5 metres;
c. increase the maximum lot coverage of the dwelling from 40% to 50%;
d. increase the maximum lot coverage for the total of all buildings and structures from
45% to 52%; and
e. increase the maximum outside width of the garage from 6.4 metres to 9.4 metres.
2. Public notification was conducted in accordance with the Planning Act which included
signage being installed on the subject site and a mail out to all property owners within 60
metres of the subject site.
3. No comments were received in opposition to the application from external agencies or
internal departments.
4. No comments were received in opposition to the application from members of the public.
5. Staff recommend that applications A2025-0008 and A2025-0009 for a Minor Variance to
Zoning By-Law 84-63 Sections 13.4.55, 13.4.57, 13.2, and Section 3.16.c.iii as amended
by By-law 2024-032 be tabled for a period of up to 30 days. Staff have received all the
required information from the applicant and will have a recommendation ready for the
May 22, 2025 Committee of Adjustment meeting.
Discussion:
No members of the public spoke regarding this application.
The agent, Paul DeMelo, 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.
Minutes –April 24, 2025 Page 2
Committee of Adjustment Meeting
Motion to table A-2025-0007 for 30 days as recommended by Brad, seconded by
Dave. Time tabled 7:24pm
Full text of Decision:
That application A2025-0008 for a minor variance to Zoning By-Law 84-63 Sections
13.4.57, and Section 3.16.c.iii as amended by By-law 2024-032 to facilitate Treasure Hill
Bowmanville Incorporated Lot 13 Concession 2 Lots 36-48 by.
a) decreasing the minimum soft landscaping within the front yard or exterior side yard from
40% to 33%;
b) increasing the maximum lot coverage of the dwelling from 40% to 45%;
c) increasing the maximum lot coverage for the total of all buildings and structures from
45% to 47%;
and
that application A2025-0009 for a minor variance to Zoning By-Law 84-63 Sections 13.4.55
and 13.2, as well as Section 2 and 3.16.c.iii as amended by By-law 2024-032 to facilitate
Treasure Hill Bowmanville Incorporated Lot 13 Concession 2 Lots 36-48 by:
a) decreasing the minimum soft landscaping within the front yard or exterior side yard from
40% to 33%;
b) decreasing the rear yard setback from 7.5 metres to 6.5 metres;
c) increasing the maximum lot coverage of the dwelling from 40% to 50%;
d) increasing the maximum lot coverage for the total of all buildings and structures from
45% to 52%; and
e) increasing the maximum outside width of the garage from 6.4 metres to 9.4 metres.
The matter was then put to a vote and was carried out as follows, signed by all members
present and concurring that this is the Committee Decision on A-2025-0007 on April 24,
2025.
Committee
Member
Yes No
Wendy Partner Absent
Dave Eastman
Noel Gamble Absent
Minutes –April 24, 2025 Page 2
Committee of Adjustment Meeting
Shelley Pohjola
Todd Taylor
Gord Wallace Absent
Brad Whittle
“Carried”
7.2 File: A-2025-0010 and A-2025-0011
Owner/Agent: Jan Choi and Ryan Farrow
Staff: Akibul Hoque
Address: 18 Rose Cresent, Newtonville
Application:
1. The purpose of the application is to reduce the minimum lot area from 4000 square
meters to 2448.5 square meters on the severed lot and to reduce minimum lot area from
4000 square meters to 2447.3 square meters on the retained lot in the associated
consent application (B2025-0011).
2. Public notification was conducted in accordance with the Planning Act which included
signage being installed on the subject site and a mail out to all property owners within 60
metres of the subject site.
3. Comments were received from external agencies and internal departments. The
Regional Health Department comments noted that they require a peer review by one of
the Region’s Peer Review Consultants of the Hydrogeological Study to be conducted, to
the Region of Durham and Municipality of Clarington’s satisfaction.
4. No comments were received in opposition to the application from members of the public.
5. Based on the Regional Health Department comments, staff recommend tabling of the
minor variance application for a period of up to one (1) year and no later than April 2026.
Discussion:
No members of the public spoke regarding this application.
The applicant, Lynda Farrow, spoke and provided an overview of the application.
The applicant states that they have read and agreed to the conditions of the
Staff’s recommendation.
Minutes –April 24, 2025 Page 2
Committee of Adjustment Meeting
D. Eastman to applicant: Referring to the background section of the staff report, it
appears that there is an existing accessory building situated on the property without a
principal dwelling, which is not permitted by the Zoning By-Law. Can we confirm?
L. Farrow responded: The accessory structure is located on the retained lot and is
grandfathered into the property, as it was established prior to the implementation of the
Clarke Zoning By-Law.
Motion to table A-2025-0010 and A-2025-0011 as recommended by Shelley Pohjola,
seconded by Dave Eastman. Time tabled 7:30pm.
Full text of Decision:
That application A2025-0010 & A2025-0011, for a Minor Variance to Section 9.2.a. of
Zoning By-law 84-63, to reduce the minimum lot area from 4000 square meters to 2448.5
square meters on the severed lot and to reduce minimum lot area from 4000 square
meters to 2447.3 square meters on the retained lot in the associated consent application
(B2025-0011), be tabled for a period of up to one (1) year and no later than April 2026.
The matter was then put to a vote and was carried out as follows, signed by all members
present and concurring that this is the Committee Decision on A-2025-0010 and A-2025-
0011 on April 24, 2025.
Committee
Member
Yes No
Wendy Partner Absent
Dave Eastman
Noel Gamble Absent
Shelley Pohjola
Todd Taylor
Gord Wallace Absent
Brad Whittle
“Carried”
7.2 File: A-2025-0012
Owner/Agent: Harry Olsen
Staff: Akibul Hoque
Address: 4488 Reid Road, Clarke
Minutes –April 24, 2025 Page 2
Committee of Adjustment Meeting
Application:
1.The purpose of the application is to facilitate the construction of an addition to an existing
detached garage by increasing the maximum permitted accessory total floor area from
90 square metres to 235 square metres and by increasing the maximum permitted
accessory building height from 4.5 metres to 6.55 metres.
2.Public notification was conducted in accordance with the Planning Act which included
signage being installed on the subject site and a mail out to all property owners within 60
metres of the subject site.
3.No comments were received in opposition to the application from external agencies or
internal departments. Comments were outstanding from the Ganaraska Region
Conservation Authority (GRCA).
4.No comments were received in opposition to the application from members of the public.
5.Staff recommend that application A2025-0012 for a Minor Variance to Section 3.1.c of
Zoning By-law 84-63 be approved.
Discussion:
No members of the public spoke regarding this application.
The applicant/owner, Harry Olson, spoke and provided an overview of the
application. The owner/applicant states that they have read and agreed to the
conditions of the Staff’s recommendation.
D.Eastman to staff- The Ganaraska Region Conservation Authority (GRCA)
comments are outstanding, should we be concerned?
A.Hoque responded- The Ganaraska Region Conservation Authority (GRCA) was
circulated for comments; however, staff did not receive their comments by the commenting
deadline. As such, the applicant is required to get in touch with the GRCA prior to and/or at
the building permit stage to determine if a GRCA permit is required. The GRCA will review
the proposal in relation to their policies/regulations.
Motion to approve A-2025-0012 as recommended by Brad Whittle, seconded by Dave
Eastman. Time approved 7:38pm
Full text of Decision:
That application A2025-0012, for a Minor Variance to Section 3.1.c of Zoning By-law 84-
63, to facilitate the construction of an addition to an existing detached garage by increasing
the maximum permitted accessory total floor area from 90 square metres to 235 square
metres and by increasing the maximum permitted accessory building height from 4.5
metres to 6.55 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.
Minutes –April 24, 2025 Page 2
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-2025-0012 on April 24,
2025.
Committee
Member
Yes No
Wendy Partner Absent
Dave Eastman
Noel Gamble Absent
Shelley Pohjola
Todd Taylor
Gord Wallace Absent
Brad Whittle
“Carried”
7.2 File: A-2025-0014 and A-2025-0016
Owner/Agent: Jonah Szent-Ivany
Staff: Ainsley Johnston
Address: 5 Lynwood Avenue, Courtice
Application:
1. The purpose of the application is to facilitate the creation of two new lots, Parts 2 and 3
of the Draft Reference Plan, for associated Consent Applications B2025-0012 & B2025-
0013 by reducing the minimum lot area from 560 square metres to 390.08 square metres
and by reducing the minimum lot frontage from 16 metres to 12.19 metres, and to
facilitate the development of single detached dwellings on the lots by increasing the
maximum total lot coverage for the dwelling from 30% to 40%, and to increase the
maximum total lot coverage for all buildings and structures from 40% to 45%.
2. Public notification was conducted in accordance with the Planning Act which included
signage being installed on the subject site and a mail out to all property owners within 60
metres of the subject site.
3. No comments were received in opposition to the application from external agencies or
internal departments.
Minutes –April 24, 2025 Page 2
Committee of Adjustment Meeting
4.One comment was received in opposition to the application from members of the public.
The nature of the concerns was that the development is a major renovation through the
demolition of the existing dwelling with construction of two new dwellings.
5.Staff recommends that application A2025-0014 & A2025-0016 for Minor Variance to
Sections 12.4.32.a, 12.4.32.b.i., 12.4.32.d.i., and 12.4.32.d.ii of Zoning By-law 84-63 be
approved subject to the conditions in the Staff Report.
Discussion:
One member of the public who is the owner of the neighbouring property at 8
Westmore Street, D. LeBlanc, spoke in opposition to the development with
concerns surrounding creating three homes. The member of the public stated
they are unable to determine if the proposed frontages go beyond the property
lines of the other four homes [fronting onto the north side of Westmore Street].
They asked questions on where the existing mailbox and fire hydrant will be
placed and expressed concerns that their backyard looks into the back of the
three proposed homes.
D. Eastman asked Member of the Public: Your side yard looks into?
D. LeBlanc: Side yard looks into backyard of 5 Lynwood.
D. Eastman asked the member of the public for clarification on how the
proposed houses are looking into their backyard if the three proposed homes are
fronting onto Westmore.
D. LeBlanc: Our backyard looks into the back of the house
D. Eastman: Okay, thank you.
Chair asked if there are any other questions.
S. Pohjola to Staff: The lady mentioned concerns regarding Canada Post and
fire. Can you speak to those issues? I see that the report says no comments or
concerns regarding either. It would be helpful.
A. Johnston: Canada Post was circulated and they provided no comments or
concerns. The applicant will have to work with Canada Post on relocating the
mailbox. Regional Works had no comments or concerns regarding the fire
hydrant.
D. LeBlanc asked Staff: Where are they going to be placed?
A. Johnston: Applicant will have to work with Works as they did not provide Staff
any comments or conditions.
D. LeBlanc asked Staff: The proposed three homes are in line with the current
homes?
Minutes –April 24, 2025 Page 2
Committee of Adjustment Meeting
A. Johnston: The three proposed homes are fronting onto Westmore and are in
alignment with the member of the public’s home. For clarification to the
committee, the backyard she has been referring to is the existing backyard for
the existing dwelling on Lynwood. The backyards of the proposed dwellings will
be in alignment with neighbouring backyard.
D. Eastman to Staff: What is the backyard of the property now will be the side
yard for the member of the public once these homes are built. It will be side yard
to side yard?
A. Johnston: The Site Plan attached in the Staff Report shows where the
existing backyard is, is essentially where the two new lots will be located. The
interior side yards are in alignment with the member of the publics interior side
yard.
D. Eastman: A number of comments are outstanding. Are there any concerns
they can be adversely affecting the application?
A. Johnston: For the comments outstanding, there are no concerns. There is a
condition in the Staff Report for the land division application in regards to
Health’s comments. The circulation email noted that if there are no comments
received, it will be interpreted as there are no concerns.
D. Eastman: It might be more appropriate under comments, if there are ones
outstanding and Staff are sure there are no concerns, to list them as no
concerns. There are multiple outstanding comments and it is a red flag.
A. Johnston: We interpret that as no concerns.
D. Eastman: Should it not be marked as no concerns?
Chair asked S. Parish to comment.
S. Parish: Moving forward in future reports, Staff can note it as no concerns.
D. Eastman: Thank you. It is more clear for the Committee if Staff are confident
there are no problems that marking it as no concerns is more appropriate.
J. Circo: Staff received Fire’s comments and there are no concerns or
objections.
Chair turned it over to the applicant to come forward and address the
Committee.
The applicant/owners, Jonah and Luke Szent-Ivany, spoke and provided an
overview of the application.
L. Szent-Ivany: The two lots will mirror the look and plan of existing homes
fronting onto Westmore and provided clarification that the existing backyard on
Lynwood will be the side yards. The applicants will work with Canada Post for
relocation of the mailbox.
Minutes –April 24, 2025 Page 2
Committee of Adjustment Meeting
J. Szent-Ivant: Applicants are looking to conform with the existing
neighbourhood and mirror the houses fronting onto Westmore including
landscaping and the driveway.
D. Eastman asked the Applicants to confirm they are aware of the two conditions
in the Staff Report to remove the single detached dwelling and the accessory
structure.
J. Szent-Ivany: Agree with conditions.
Motion to approve A2025-0014 and A2025-0016 as recommended by Dave
Eastman, seconded by Shelley Pohjola. Time approved 7:52 P.M.
Full text of Decision:
That Minor Variance Application A2025-0014 for variances to Section 12.4.32.a. by
reducing the minimum lot area from 560 square metres to 390.08 square metres, Section
12.4.32.b.i. by reducing the minimum lot frontage from 16 metres to 12.19 metres, Section
12.4.32.d.i. by increasing the maximum lot coverage for the dwelling from 30% to 40%,
and Section 12.4.32.d.ii by increasing the maximum total lot coverage for all buildings and
structures from 40% to 45% within Zoning By-law 84-63 to facilitate the severance of Part
2 on the draft reference plan and the construction of a single detached dwelling be
approved subject to the following condition;
a.That the applicant must demolish the existing single detached dwelling on the
proposed retained and severed parcel; a demolition permit is required.
b.That Minor Variance Application A2025-0016 for variances to Section 12.4.32.a.
by reducing the minimum lot area from 560 square metres to 390.08 square
metres, Section 12.4.32.b.i. by reducing the minimum lot frontage from 16
metres to 12.19 metres, Section 12.4.32.d.i. by increasing the maximum lot
coverage for the dwelling from 30% to 40%, and Section 12.4.32.d.ii by
increasing the maximum total lot coverage for all buildings and structures from
40% to 45% within Zoning By-law 84-63 to facilitate the severance of Part 3 on
the draft reference plan and the construction of a single detached dwelling be
approved subject to the following condition;
c.That the applicant must demolish the existing accessory structure on the
proposed parcel; a demolition permit is required as it maintains the general
intent and purpose of the Clarington Official Plan, maintains the general intent
and purpose of Zoning By-law 84-63, is desirable for the appropriate
development or use of the land, and is minor in nature.
The matter was then put to a vote and was carried out as follows, signed by all members
present and concurring that this is the Committee Decision on A2025-0014 and A2025-
0016 on April 24, 2025.
Minutes –April 24, 2025 Page 2
Committee of Adjustment Meeting
Committee
Member
Yes No
Wendy Partner Absent
Dave Eastman
Noel Gamble Absent
Shelley Pohjola
Todd Taylor
Gord Wallace Absent
Brad Whittle
“Carried”
7.2 File: A-2025-0015
Owner/Agent: Emily Santos
Staff: Akibul Hoque
Address: 6100 Henry Road, Darlington
Application:
1.The purpose of the application is to facilitate the construction of a detached garage by
increasing the maximum permitted accessory total floor area from 90 square metres to
160 square metres and by increasing the maximum permitted garage height from 5
metres to 6 metres.
2.Public notification was conducted in accordance with the Planning Act which included
signage being installed on the subject site and a mail out to all property owners within 60
metres of the subject site.
3.No comments were received in opposition to the application from external agencies or
internal departments. Comments were outstanding from the Durham Region Health
Department.
4.One inquiry was received from a member of the public inquiring about the minor variance
proposal; however, no concerns or objections were raised for the application.
5.Staff recommend that application A2025-0015 for a Minor Variance to Section 4.1.3 of
Zoning By-law 2005-109 be approved.
Minutes –April 24, 2025 Page 2
Committee of Adjustment Meeting
Discussion:
No members of the public spoke regarding this application.
The applicant/owner, Emily Santos, spoke and provided an overview of the
application. The owner/agent states that they have read and agreed to the
conditions of the Staff’s recommendation. Following the presentation, the
Committee did not raise any questions or concerns.
Motion to approve A-2025-0015 as recommended by Shelley Pohjola, seconded by Dave
Eastman. Time approved 7:58pm
Full text of Decision:
That application A2025-0015, for a Minor Variance to Section 4.1.3 of Zoning By-law 2005-
109 to facilitate the construction of a detached garage by increasing the maximum
permitted accessory total floor area from 90 square metres to 160 square metres and by
increasing the maximum permitted garage height from 5 metres to 6 metres be approved,
as it maintains the general intent and purpose of the Clarington Official Plan and Zoning
By-law 2005-109, is desirable for the appropriate development or use of the land and is
minor in nature.
The matter was then put to a vote and was carried out as follows, signed by all members
present and concurring that this is the Committee Decision on A-2025-0015 on April 24,
2025.
Committee
Member
Yes No
Wendy Partner Absent
Dave Eastman
Noel Gamble Absent
Shelley Pohjola
Todd Taylor
Gord Wallace Absent
Brad Whittle
“Carried”
Minutes –April 24, 2025 Page 2
Committee of Adjustment Meeting
8. Adoption of Minutes of Previous Meeting, March 27, 2025.
Note: Deferred to the May 22, 2025, Committee of Adjustment meeting, since only two members;
D. Eastman and T. Taylor were present at the March 27, 2025, meeting.
9. Other Business
T. Taylor called upon the Secretary- Treasurer for new business.
S. Parish- Staff noted that if a committee member is not attending meetings or
responding, the committee can decide how to proceed. If removal is recommended,
staff must be informed, and a report must go to Council. Additionally, staff noted,
following a discussion between D. Eastman and Staff prior to the meeting, that if a
recirculation fee is ever required, it will be identified and included within the staff
report and committee motion.
Chair T Taylor asked if there is any further business.
D. Eastman- Expressed concerns about committee attendance and emphasized that
while occasional absences are understandable, members are committed to
participating when they joined. Meeting dates are provided well in advance, and
members should make every effort to attend.
B Whittle responded- Wanted to clarify if Committee Meetings will be held in person
going forward?
S. Parish responded – It is up to the Committee to decide if meetings are to remain
hybrid or in person.
S. Pojhola added – Is there any concerns from Council on Committee of Adjustment
attendance?
S. Parish responded– Not aware of any concerns from Council regarding the
Committee attendance.
10. Adjournment
Last Date of Appeal for tonight’s minor variance applications: May 14, 2025
Next Meeting: May 22, 2025.
Chair Todd Taylor asked for a motion from the Committee.
Motion to adjourn the meeting was moved by Dave Eastman, seconded by Brad
Whittle.
“That the April 24, 2025, Committee of Adjustment be adjourned. Time is 8:05pm”
“Carried”
Planning and Infrastructure Services
Committee of Adjustment
Consent
B2025-0011
18 Rose Crescent, Newtonville
If this information is required in an alternate accessible format, please contact the Accessibility
Coordinator at 905-623-3379 ext. 2131.
Date of Meeting: April 23, 2026
File Number: B-2025-0011
Address: 18 Rose Crescent, Bowmanville, ON
Report Subject: Application B2025-011 is seeking consent to facilitate the creation of a
new 2,448.5 square metre rural residential lot with a lot frontage of 48.02
metres (Part 2 on the draft reference plan) while retaining a 2,447.3
square metre rural residential lot with a lot frontage of 59.88 metres (Part
1 on the draft reference plan). The proposed severed parcel will support
the creation of a single detached dwelling while the retained parcel will
keep the existing single detached dwelling and existing accessory
buildings. Applications B2025-0011, A2025-0010 and A2025-0011 were
tabled in April 2025 for a period of one year to allow for the peer review of
a Hydrogeological Study, which is still underway. As such, staff are
recommending this application be re-tabled for a period of up to one year
and no later then April 2027.
Recommendations:
1. That the Report for Consent Application B2026-0002 be received;
2.That all written comments and verbal submissions are considered in the deliberation of
this application;
3.That application B2025-0011, for a consent be tabled for a period of up to one year
and no later then April 2027 to allow for the peer review of the Hydrogeological Study
to be completed.
4.That all interested parties listed in this report be forwarded a copy of the Committee’s
decision.
Attachment 7
Municipality of Clarington
Committee of Adjustment
B-2025-0011 Page 2
1.Application Details
1.1 Owners: Jan Choi & Ryan Farrow
1.2 Applicant: Lynda Farrow
creation of a new 2,448.5 square metre rural residential
lot with a lot frontage of 48.02 metres (Part 2 on the draft
reference plan) while retaining a 2,447.3 square metre
rural residential lot with a lot frontage of 59.88 metres
(Part 1 on the draft reference plan). The proposed
severed parcel will support the creation of a single
detached dwelling while the retained parcel will keep the
existing single detached dwelling and existing accessory
buildings. Applications B2025-0011, A2025-0010 and
A2025-0011 were tabled in April 2025 for a period of one
year to allow for the peer review of a Hydrogeological
Study, which is still underway. As such, staff are
recommending this application be re-tabled fo
up to one year and no later then April 2027.
1.5 Area of Retained Lot: 2,447.3 square metres
1.6 Zoning: “Residential Hamlet (RH)” within Zoning By-law 84-63
1.7 Regional Official Plan
Designation: Hamlet
1.8 Clarington Official Plan
Designation: Hamlet
1.9 Water: Municipal
1.10 Sewage: Private
Municipality of Clarington
Committee of Adjustment
B-2025-0011 Page 3
Figure 1 – Lands Subject to Consent Application
Municipality of Clarington
Committee of Adjustment
B-2025-0011 Page 4
2. Background
2.1 On February 28, 2025, Planning Staff received a Consent Application and Minor
Variance Application from the agent of 18 Rose Crescent, Newtonville. The
proposed application is to facilitate the creation of a new rural resident lot. The
intention of the applicant/owner is to sell the proposed severed parcel (see
Figure 2).
2.2 This application is in conjunction with Minor Variance Applications A2025-0010
and A2025-0011. The Minor Variance Applications propose to reduce the
minimum lot area from 4000 square meters to 2448.5 square meters on the
severed lot and to reduce minimum lot area from 4000 square meters to 2447.3
square meters on the retained lot.
2.3 At the Committee of Adjustment Meeting on April 24, 2025, both the above noted
minor variance applications and this consent application were tabled for a period
of up to one year at the reques t of Durham Region Health and Durham Region
Community Growth and Economic Development Departm ent to conduct a peer
review of the Hydrogeological study. This peer review is still underway. As such,
staff are recommending this application be re-t abled for a period of up to one
year to allow for the peer review to be c ompleted.
2.4 The subject property as it is today, contains an existing accessory building, but
no principal dwelling. The proposal intends to retain this accessory building on
the newly created retained lot. However, Zoning By-law 84-63 does not permit
accessory buildings on lots that do not contain a principal dwelling. Furthermore,
accessory buildings/structures are accessory to a principal residential use and
are not permitted by the Zoning By-law to be on a rural residential property
unless a dwelling existed on the subject property. As a condition of the consent
application, the applicant/owner will be required to demonstrate legal non-
conforming of the existing accessory building was in existence prior to the
passing of the former zoning by-law, Clarke By-law 1592, on May 28,1968 in
order to retain the existing accessory building on the lot without a dwelling.
2.5 During a site visit conducted by Staff on April 10, 2025, it was observed that a
shipping container was being stored at the rear of the accessory building on the
subject property. According to Section 3.1.h) of Zoning By-law 84-63, shipping
containers are not permitted to be used as accessory structures or stored on
properties within the Municipality of Clarington. The owner confirmed the shipping
container was removed in August 2025.
Municipality of Clarington
Committee of Adjustment
B-2025-0011 Page 5
2.6 The applicant has shared email correspondence with staff regarding the timeline
of the Hydrogeological Study peer review. The applicant also met with Staff on
April 8, 2026 to provide an update and has actively been working with staff to
prove legal non-conforming status of the accessory structure.
Figure 2 – Draft survey showing proposed consent application lot fabric
Municipality of Clarington
Committee of Adjustment
B-2025-0011 Page 6
3. Land Characteristics and Surrounding Uses
3.1 The subject property is located Southeast of Highway 2 on the north side of Rose
Crescent. (See Figure 1). The subject property has an area of 4,895.80 square metres
and lot frontage of 107.9 metres.
3.2 The surrounding uses are as follows:
• South – Rural Residential lots with single detached dwellings, Agricultural
Farmlands and Highway 401;
• North- Rural Residential lots with single detached dwellings, commercial lands
(i.e., Newtonville Country Store and a restaurant), and Agricultural Farmlands;
• East – Rural Residential lots with single detached dwellings; and
• West – Rural Residential lots with single detached dwelling, Lakeview Cemetery,
and Agricultural Farmlands.
4. Public Notice and Submissions
4.1 Pursuant to the requirements of the Planning Act, the appropriate signage notifying of
the application was installed on the subject lands. In addition, a public notice was mailed
to each landowner within 60m of the subject lands. This application was tabled on April
24, 2025 for a period of up to one year. New signage was installed and additional
mailouts were sent out in advance of the April 23, 2026 meeting.
4.2 At the time of writing this report, Staff have not received any written letters of opposition
regarding the proposal.
5. Conclusion
5.1 The recommendation from Planning Staff is that application for a Consent B2025-0011
be tabled for a period of up to one year and no later then April 2027 to allow for
Durham Region Health’s peer review of the Hydrogeological study to be completed.
Submitted by:
Hebah Masood
Acting Secretary-Treasurer
Committee of Adjustment at the Municipality of Clarington
Municipality of Clarington
Committee of Adjustment
B-2025-0011 Page 7
Concurrence:
This report has been reviewed by Sarah Gattie, MCIP, RPP, Principal Planner of Development
Review, who concurs with the recommendations.
Staff Contact: Hebah Masood, Planner II, (905) 623-3379 x2437 or hmasood@clarington.net
Attachments
Attachment 1: Meeting Minutes from April 24, 2025 Committee of Adjustment Meeting
Interested Parties:
N/A
Minutes and Decisions of the Committee of Adjustment
Corporation of the Municipality of Clarington
As per: The Planning Act, and in accordance with
the Provincial Rules of Procedure
Thursday, April 24, 2025
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 Parish Secretary-Treasurer
Hebah Masood Acting Secretary-Treasurer
Akibul Hoque Acting Secretary-Treasurer
Ainsley Johnston Planner
Jacob Circo Acting Secretary-Treasurer
Todd Taylor Chair
Dave Eastman Member
Shelley Pohjola Member
Brad Whittle Member
Absent with Regrets: Wendy Partner, Noel Gamble, Gord Wallace
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”.
4. Swearing in of Ainsley Johnston as Acting Secretary-Treasurer
Minutes –April 24, 2025 Page 2
Committee of Adjustment Meeting
Moved by Dave Eastman Seconder: Shelley Pojhola
Committee
Member
Yes No
Wendy Partner Absent
Dave Eastman
Noel Gamble Absent
Shelley Pohjola
Todd Taylor
Gord Wallace Absent
Brad Whittle
Passed at 6:36 pm.
5. Consent Applications:
4.1 File Number: B-2025-0011
Owner/Agent: Ryan and Lynda Farrow
Staff: Jacob Circo
Address: 18 Rose Cres., Newtonville
Application:
1. The first application before the Committee this evening is File B2025-0011 for 18 Rose
Crescent, Newtonville.
2. The purpose of Consent Application B2025-0011 is to seek consent to facilitate the
creation of a new 2,448.5 square metre rural residential lot with a lot frontage of 48.02
metres (Part 2 on the draft reference plan) while retaining a 2,447.3 square metre rural
residential lot with a lot frontage of 59.88 metres (Part 1 on the draft reference plan). The
proposed severed parcel will support the creation of a single detached dwelling.
3. Public notification was conducted in accordance with the Planning Act which included
signage being installed on the subject site and a mail out to all property owners within 60
metres of the subject site. Please note that the purpose of consent application on the
signage and mailout indicated that the proposed retained parcel contains an existing
single detached dwelling, this is a clerical error as there is no single detached dwelling
on the proposed retained parcel except an existing accessory building and shipping
container. The purpose of the consent application has been revised in the Staff Report.
Minutes –April 24, 2025 Page 2
Committee of Adjustment Meeting
4. At the time of writing the staff report, no comments were received in support or
opposition from the applicant from members of the public.
5. Comments were received from external agencies and internal departments. The
Regional Health Department comments noted that they require a peer review by one of
the Region’s Peer Review Consultants of the Hydrogeological Study to be conducted, to
the Regional Municipality of Durham and Municipality of Clarington’s satisfaction.
6. Based on the Regional Health comments, staff recommend tabling of the consent
application for a period of up to one (1) year and no later than April 2026.
Discussion:
No members of the public spoke regarding this application.
The agent, Lynda Farrow, 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.
Chair T Taylor deferred a question to staff from L Farrow.
L Farrow asked a question to Planning Staff – The Region informed me that I had 2
years to complete this, and Clarington Staff are saying 1 year?
J Circo responded – Correct, the consent application is recommended to be tabled
for 1 year to address the peer review request by the Regional Municipality of Durham
for the hydrogeological study that you had submitted with your consent application.
L Farrow asked a question to Planning Staff – What about the environmental site
assessment that I am working on getting completed for the consent application?
J Circo responded – At this time, the Municipality is not requiring that you have 1
year to have your environmental site assessment study done, the consent application
is only being tabled for 1 year to address the peer review request by the Regional
Municipality of Durham for the hydrogeological study that you had submitted with
your consent application, to be done at the satisfaction of the Municipality of
Clarington and Regional Municipality of Durham Health Department.
Motion to approve B-2025-0011 as recommended by Committee Member Brad
Whittle, seconded by Committee Member Dave Eastman. Approved at 6:42 P.M.
Full text of Decision:
“That application B2025-0011 be tabled, as per the recommendations of Regional
Municipality of Durham’s Community Growth & Economic Development Department and
Health Department (letter dated April 22, 2025) for up to one (1) year and no later than
April 2026”.
The matter was then put to a vote and was carried out as follows, signed by all members
present and concurring that this is the Committee Decision on B-2025-0011 on April 24,
2025.
Minutes –April 24, 2025 Page 2
Committee of Adjustment Meeting
Committee
Member
Yes No
Wendy Partner Absent
Dave Eastman
Noel Gamble Absent
Shelley Pohjola
Todd Taylor
Gord Wallace Absent
Brad Whittle
“Carried”
4.2 File Number: B-2025-0012 and B-2025-0013
Owner/Agent: Jonah & Luke Szent-Ivany
Staff: Jacob Circo
Address: 5 Lynwood Avenue, Courtice
Application:
1. The second and third applications before the Committee this evening are Files B2025-
0012-to-B2025-0013 for 5 Lynwood Avenue, Courtice.
2. The purpose of the consent applications B2025-0012-to-B2025-0013 is to seek consent
to facilitate the creation of two new residential lots. Part 1 of the draft reference plan is
the retained parcel with a lot frontage 21.34 metres and a lot area of 682.8 square
metres. The proposed severed parcels include Parts 2 and 3 of the draft reference plan.
Part 2 has a lot frontage of 12.19 metres and a lot area of 390.08 square metres. Part 3
has a lot frontage of 12.19 metres and a lot area of 390.08 square metres. The existing
single detached dwelling and accessory buildings on the subject property will be
demolished.
3. Public notification was conducted in accordance with the Planning Act which included
signage being installed on the subject site and a mail out to all property owners within 60
metres of the subject site.
4. No comments were received in opposition to the application from external agencies or
internal departments.
Minutes –April 24, 2025 Page 2
Committee of Adjustment Meeting
5. At the time of writing this report, Staff have received a letter from a neighbor in opposition
to the consent and minor variance applications. Concerns were related to the lot sizes
and the impact on their property.
6. Staff recommends that consent applications B2025-0012-to-B2025-0013 be approved
subject to the conditions noted in the staff report.
Discussion:
D LeBlanc spoke in opposition to both consent applications.
D LeBlanc shared concerns regarding the proposed parceling of two properties
adjacent to their home. The resident noted that the area in question
encompasses the backyard of the neighboring property and runs alongside their
own home. They stated that, based on grandfathered zoning rights—particularly
relating to 5 Lynwood Avenue—no additional housing was permitted to be
developed on the subject property. This restriction was reportedly due to existing
sewer infrastructure along the property's frontage on Lynwood Avenue.
D Eastman asked a question to Staff – Based on D Hickey’s comments, can
Staff comment on the sewers that run along Lynwood Avenue, and clarify if there
is holding on the zoning on the subject property?
J Circo responded – Yes, water and sanitary servicing is available off the portion
of the property having frontage along Westmore Street to service the proposed
retained and severed parcels. Furthermore, there is no holding symbol on the
zoning of the property. Our Development Engineering Division has no concerns
with regards to the proposed consent applications from an
infrastructure/servicing standpoint.
Luke and Jonah Szent-Ivany 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-2025-0012 and B-2025-0013 as recommended by Committee
Member Shelley Pojola, seconded by Committee Member Brad Whittle. Time
approved: 6:51 P.M.
Full text of Decision:
“That consent applications B2025-0012 and B2024-0013 be approved subject to the
conditions in the staff report
Minutes –April 24, 2025 Page 2
Committee of Adjustment Meeting
Conditions of Approval:
Section 1: General
1. That the applicant satisfies all the requirements of the Municipality of Clarington’s
Development Engineering Department, financial and otherwise as detailed in the
Development Engineering letter, dated March 31, 2025.
2. That the applicant satisfies all the requirements of the Regional Municipality of
Durham’s Health Department, concerning the provision of regional services,
financial and otherwise as detailed in the Regional Community Growth & Economic
Development Department letter, dated April 22, 2025.
3. That the applicant satisfies all the requirements of the Regional Municipality of
Durham’s Works Department, concerning the provision of regional services,
financial and otherwise as detailed in the Regional Works Department letter, dated
April 22, 2025.
4. The owner, applicant or agent must enter into a consent agreement with the
Municipality of Clarington.
5. 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.
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 minor variance application to seek approval
from the Committee of Adjustment for a reduction in the minimum required lot area
and lot frontage as per Section 12.4.32 of Zoning By-law 84-63 for the proposed two
severed parcels. In order to clear this condition, the minor variance application is to
be approved and become final and binding after a 20-day mandatory appeal period.
9. 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.
Minutes –April 24, 2025 Page 2
Committee of Adjustment Meeting
10. The applicant shall remove the dwelling and accessory buildings or structures from
the proposed retained and severed lots.
11. 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.
12. The agent/owner is required to remit payment of the outstanding Region of Durham
Health Department commenting fee of $915. Furthermore, the agent/owner is
required to have septic system be removed at the satisfaction of the Municipality of
Clarington and Region of Durham Health Department prior to the registration of the
consent agreement.
13. The agent/owner is required to have all 3 proposed lots to be connected to municipal
water and municipal sanitary services prior to the registration of the consent agreement
at the satisfaction of the Municipality of Clarington and Region of Durham Works
Department.
14. The Owner shall provide a cash-in-lieu of parkland payment in accordance with Section
53(12.1) and (13) of the Planning Act and the Municipality of Clarington’s Parkland
Dedication By-law and is based on the value of the lands on the day before the
issuance of the first building permit. The value of the lands shall be supported by a
certified land appraisal, to the satisfaction of the Deputy CAO of Planning and
Infrastructure Services.
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-2025-0012 and B-2025-
0013 on April 24, 2025.
Committee
Member
Yes No
Wendy Partner Absent
Dave Eastman
Minutes –April 24, 2025 Page 2
Committee of Adjustment Meeting
Noel Gamble Absent
Shelley Pohjola
Todd Taylor
Gord Wallace Absent
Brad Whittle
“Carried”
6. Minute Recess @ 6:52 P.M. and the meeting resumed at 6:57 P.M.
7. Declaration of Interest for Minor Variance Applications
None
8. Minor Variance Applications
7.1 File: A-2025-0003, A-2025-0004 and A-2025-0005
Owner/Agent: Craig Noftle
Staff: Akibul Hoque
Address: 287 Liberty St. N, Bowmanville
Application:
1. The purpose of the application is to facilitate the creation of semi-detached dwelling lots
by reducing minimum lot area, minimum lot frontage, and increasing rear balcony
projections as follows:
a. A2025-0003- A2025-0004: To reduce minimum lot area from 550 square metres
to 411.20 square metres, to reduce minimum lot frontage from 18 metres to 15.58
metres, and to increase the rear balcony projection from 1.5 metres to 2.35
metres (Lot 1 and Lot 2-Parts 1, 2,3,4);
b. A2025-0005: To reduce minimum lot area from 550 square metres to 435.3
square metres, to reduce minimum lot frontage from 18 metres to 16.54 metres,
and to increase the rear balcony projection from 1.5 metres to 2.20 metres (Lot 3-
Parts 5 and 6).
Minutes –April 24, 2025 Page 2
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. No comments were received in opposition to the application from external agencies or
internal departments.
4. Comments were received in opposition to the application from members of the public.
The concerns are related to balcony projections and privacy.
5. Staff recommend that applications A2025-0003, A2025-0004 & A2025-0005 for a Minor
Variance to Section 12.2.a.ii), Section 12.2.b.ii) and Section 3.1.g.iv) of Zoning By-law
84-63 be approved.
Discussion:
A member of the public spoke in opposition to the proposal.
C. Henry (speaking on behalf of his father)- He is concerned with the lot frontages and
increased balcony projections. He is concerned that there are single family homes situated
behind 287 Liberty Street, and the proposed balconies would cause privacy concerns.
C. Noftle spoke and provided an overview of the application. The owner/owner states that
they have read and agreed to the conditions of the Staff’s recommendation.
C. Noftle: Regarding the balcony projections concerns, with all due respect, these
projections are intended to provide a bit more space for the upper units. Given that the
properties are semi-detached dwellings with accessory units in the basement, the goal is
simply to provide more room for the future residents.
D Eastman to applicant: Are there additional dwelling units proposed for these semi-
detached dwellings? Are the balconies proposed on the second or third floor?
C. Noftle: Correct, additional dwelling units (ADUs) are proposed in the basement of the
semi-detached dwellings, and the balconies are proposed on the second floor.
B. Whittle to Staff: Are height variances required for these proposals?
A. Hoque: No height variances are required for these proposals at this time.
Motion to approve A-2025-0003, A-2025-0004 and A-2025-0005 as recommended by
Shelley Pohjola, seconded by Dave Eastman. Time approved 7:11pm.
Minutes –April 24, 2025 Page 2
Committee of Adjustment Meeting
Full text of Decision:
A minor variance application to facilitate the creation of semi-detached dwelling lots by
reducing minimum lot area, minimum lot frontage, and increasing rear balcony projections
as follows: A2025-0003- A2025-0004: To reduce minimum lot area from 550 square
metres to 411.20 square metres, to reduce minimum lot frontage from 18 metres to 15.58
metres, and to increase the rear balcony projection from 1.5 metres to 2.35 metres (Lot 1
and Lot 2-Parts 1, 2,3,4). A2025-0005: To reduce minimum lot area from 550 square
metres to 435.3 square metres, to reduce minimum lot frontage from 18 metres to 16.54
metres, and to increase the rear balcony projection from 1.5 metres to 2.20 metres (Lot 3-
Parts 5 and 6).
The matter was then put to a vote and was carried out as follows, signed by all members
present and concurring that this is the Committee Decision on A-2025-0003, A-2025-0004
and A-2025-0005 on April 24, 2025.
Committee
Member
Yes No
Wendy Partner Absent
Dave Eastman
Noel Gamble Absent
Shelley Pohjola
Todd Taylor
Gord Wallace Absent
Brad Whittle
“Carried”
7.2 File: A-2025-0007
Owner: Howard Li - Plainview Heights Property Ltd.
Agent: Paul M DeMelo, Kagan Shastri DeMelo Winer Park LLP
Staff: Hebah Masood
Address: 210, 102, 106, 110, 114, 118, 122, 126, 130, 134 and 138 Jacob Crane Drive,
hereby referred to as Plan 40M2759 Lots 38-48, Newcastle, ON
Application:
1. The purpose of the application is to facilitate Plainview Heights Phase 2, at Plan
40M2759 Lots 38-48 by proposing to:
Minutes –April 24, 2025 Page 2
Committee of Adjustment Meeting
a. decrease the minimum soft landscaping within the front yard or exterior side yard
from 40% to 35%;
b. increase the maximum lot coverage of the dwelling from 40% to 48%;
c. increase the maximum lot coverage for the total of all buildings and structures from
45% to 50%;
d. increase the maximum outside width of the garage from 45% to 62% of the width of
the property;
e. decrease the rear yard setback from 7.5 metres to 7 metres;
f. increase the driveway width from 4.6 metres to 6 metres
2. Public notification was conducted in accordance with the Planning Act which included
signage being installed on the subject site and a mail out to all property owners within 60
metres of the subject site.
3. No comments were received in opposition to the application from external agencies or
internal departments.
4. One comment was received on the application. The nature of the comment was inquiring
about the nature of the proposed development on the property.
5. Staff recommends that application A2025-0007 for a Minor Variance to Section
Zoning By-Law 84-63 Sections 13.4.71, 13.2, and Section 3.16.c.iii as
amended by By-law 2024-032 be tabled for a period of up to 30 days. Staff
have received all the required information from the applicant and will have a
recommendation ready for the May 22, 2025 Committee of Adjustment
meeting.
Discussion:
No members of the public spoke regarding this application.
The agent, P. DeMelo, 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 table A-2025-0007 for 30 days as recommended by Dave, seconded by
Shelley. Time tabled 7:17pm
Full text of Decision:
A minor variance application to facilitate Plainview Heights Phase 2, at Plan 40M2759 Lots
38-48. The application proposes to: a) decrease the minimum soft landscaping within the
front yard or exterior side yard from 40% to 35%; b) increase the maximum lot coverage of
Minutes –April 24, 2025 Page 2
Committee of Adjustment Meeting
the dwelling from 40% to 48%; c) increase the maximum lot coverage for the total of all
buildings and structures from 45% to 50%; d) increase the maximum outside width of the
garage from 45% to 62% of the width of the property; e) decrease the rear yard setback
from 7.5 metres to 7 metres; f) increase the driveway width from 4.6 metres to 6 metres.
The matter was then put to a vote and was carried out as follows, signed by all members
present and concurring that this is the Committee Decision on A-2025-0007 on April 24,
2025.
Committee
Member
Yes No
Wendy Partner Absent
Dave Eastman
Noel Gamble Absent
Shelley Pohjola
Todd Taylor
Gord Wallace Absent
Brad Whittle
“Carried”
7.3 File: A-2025-0008 and A-2025-0009
Owner: Howard Li - Plainview Heights Property Ltd.
Agent: Paul M DeMelo, Kagan Shastri DeMelo Winer Park LLP
Staff: Hebah Masood
Address: 42, 46, 50, 54, 58, 94, 98 and 102 Robert Woodward Trail; 112, 116, 120, 124
and 128 Ronald Hooper Avenue; 119, 175 and 179 Northglen Boulevard; 262, 266, 263
and 259 Crombie Street, hereby referred to as Lot 13 Concession 2, Lots 1, 10-11, 13-14,
28-29 and 36-48), Bowmanville, ON
Application:
1. Files A2025-0007 and A2025-0008 for 2, 46, 50, 54, 58, 94, 98 and 102 Robert
Woodward Trail; 112, 116, 120, 124 and 128 Ronald Hooper Avenue; 119, 175 and 179
Northglen Boulevard; 262, 266, 263 and 259 Crombie Street hereby referred to as Lot
13 Concession 2, Lots 1, 10-11, 13-14, 28-29 and 36-48), Bowmanville, ON.
Minutes –April 24, 2025 Page 2
Committee of Adjustment Meeting
The purpose of A2025-0008 is to facilitate Treasure Hill Bowmanville Incorporated Lot 13
Concession 2 Lots 36-48. The application proposes to:
a. decrease the minimum soft landscaping within the front yard or exterior side yard
from 40% to 33%;
b. increase the maximum lot coverage of the dwelling from 40% to 45%;
c. increase the maximum lot coverage for the total of all buildings and structures from
45% to 47%; and
d. increase the maximum outside width of the garage from 4 metres to 6.2 metres.
The purpose of A2025-0009 is to facilitate Treasure Hill Bowmanville Incorporated Lot 13
Concession 2 Lots 1, 10-14, 28-29. The application proposes to:
a. decrease the minimum soft landscaping within the front yard or exterior side yard
from 40% to 33%;
b. decrease the rear yard setback from 7.5 metres to 6.5 metres;
c. increase the maximum lot coverage of the dwelling from 40% to 50%;
d. increase the maximum lot coverage for the total of all buildings and structures from
45% to 52%; and
e. increase the maximum outside width of the garage from 6.4 metres to 9.4 metres.
2. Public notification was conducted in accordance with the Planning Act which included
signage being installed on the subject site and a mail out to all property owners within 60
metres of the subject site.
3. No comments were received in opposition to the application from external agencies or
internal departments.
4. No comments were received in opposition to the application from members of the public.
5. Staff recommend that applications A2025-0008 and A2025-0009 for a Minor Variance to
Zoning By-Law 84-63 Sections 13.4.55, 13.4.57, 13.2, and Section 3.16.c.iii as amended
by By-law 2024-032 be tabled for a period of up to 30 days. Staff have received all the
required information from the applicant and will have a recommendation ready for the
May 22, 2025 Committee of Adjustment meeting.
Discussion:
No members of the public spoke regarding this application.
The agent, Paul DeMelo, 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.
Minutes –April 24, 2025 Page 2
Committee of Adjustment Meeting
Motion to table A-2025-0007 for 30 days as recommended by Brad, seconded by
Dave. Time tabled 7:24pm
Full text of Decision:
That application A2025-0008 for a minor variance to Zoning By-Law 84-63 Sections
13.4.57, and Section 3.16.c.iii as amended by By-law 2024-032 to facilitate Treasure Hill
Bowmanville Incorporated Lot 13 Concession 2 Lots 36-48 by.
a) decreasing the minimum soft landscaping within the front yard or exterior side yard from
40% to 33%;
b) increasing the maximum lot coverage of the dwelling from 40% to 45%;
c) increasing the maximum lot coverage for the total of all buildings and structures from
45% to 47%;
and
that application A2025-0009 for a minor variance to Zoning By-Law 84-63 Sections 13.4.55
and 13.2, as well as Section 2 and 3.16.c.iii as amended by By-law 2024-032 to facilitate
Treasure Hill Bowmanville Incorporated Lot 13 Concession 2 Lots 36-48 by:
a) decreasing the minimum soft landscaping within the front yard or exterior side yard from
40% to 33%;
b) decreasing the rear yard setback from 7.5 metres to 6.5 metres;
c) increasing the maximum lot coverage of the dwelling from 40% to 50%;
d) increasing the maximum lot coverage for the total of all buildings and structures from
45% to 52%; and
e) increasing the maximum outside width of the garage from 6.4 metres to 9.4 metres.
The matter was then put to a vote and was carried out as follows, signed by all members
present and concurring that this is the Committee Decision on A-2025-0007 on April 24,
2025.
Committee
Member
Yes No
Wendy Partner Absent
Dave Eastman
Noel Gamble Absent
Minutes –April 24, 2025 Page 2
Committee of Adjustment Meeting
Shelley Pohjola
Todd Taylor
Gord Wallace Absent
Brad Whittle
“Carried”
7.2 File: A-2025-0010 and A-2025-0011
Owner/Agent: Jan Choi and Ryan Farrow
Staff: Akibul Hoque
Address: 18 Rose Cresent, Newtonville
Application:
1. The purpose of the application is to reduce the minimum lot area from 4000 square
meters to 2448.5 square meters on the severed lot and to reduce minimum lot area from
4000 square meters to 2447.3 square meters on the retained lot in the associated
consent application (B2025-0011).
2. Public notification was conducted in accordance with the Planning Act which included
signage being installed on the subject site and a mail out to all property owners within 60
metres of the subject site.
3. Comments were received from external agencies and internal departments. The
Regional Health Department comments noted that they require a peer review by one of
the Region’s Peer Review Consultants of the Hydrogeological Study to be conducted, to
the Region of Durham and Municipality of Clarington’s satisfaction.
4. No comments were received in opposition to the application from members of the public.
5. Based on the Regional Health Department comments, staff recommend tabling of the
minor variance application for a period of up to one (1) year and no later than April 2026.
Discussion:
No members of the public spoke regarding this application.
The applicant, Lynda Farrow, spoke and provided an overview of the application.
The applicant states that they have read and agreed to the conditions of the
Staff’s recommendation.
Minutes –April 24, 2025 Page 2
Committee of Adjustment Meeting
D. Eastman to applicant: Referring to the background section of the staff report, it
appears that there is an existing accessory building situated on the property without a
principal dwelling, which is not permitted by the Zoning By-Law. Can we confirm?
L. Farrow responded: The accessory structure is located on the retained lot and is
grandfathered into the property, as it was established prior to the implementation of the
Clarke Zoning By-Law.
Motion to table A-2025-0010 and A-2025-0011 as recommended by Shelley Pohjola,
seconded by Dave Eastman. Time tabled 7:30pm.
Full text of Decision:
That application A2025-0010 & A2025-0011, for a Minor Variance to Section 9.2.a. of
Zoning By-law 84-63, to reduce the minimum lot area from 4000 square meters to 2448.5
square meters on the severed lot and to reduce minimum lot area from 4000 square
meters to 2447.3 square meters on the retained lot in the associated consent application
(B2025-0011), be tabled for a period of up to one (1) year and no later than April 2026.
The matter was then put to a vote and was carried out as follows, signed by all members
present and concurring that this is the Committee Decision on A-2025-0010 and A-2025-
0011 on April 24, 2025.
Committee
Member
Yes No
Wendy Partner Absent
Dave Eastman
Noel Gamble Absent
Shelley Pohjola
Todd Taylor
Gord Wallace Absent
Brad Whittle
“Carried”
7.2 File: A-2025-0012
Owner/Agent: Harry Olsen
Staff: Akibul Hoque
Address: 4488 Reid Road, Clarke
Minutes –April 24, 2025 Page 2
Committee of Adjustment Meeting
Application:
1. The purpose of the application is to facilitate the construction of an addition to an existing
detached garage by increasing the maximum permitted accessory total floor area from
90 square metres to 235 square metres and by increasing the maximum permitted
accessory building height from 4.5 metres to 6.55 metres.
2. Public notification was conducted in accordance with the Planning Act which included
signage being installed on the subject site and a mail out to all property owners within 60
metres of the subject site.
3. No comments were received in opposition to the application from external agencies or
internal departments. Comments were outstanding from the Ganaraska Region
Conservation Authority (GRCA).
4. No comments were received in opposition to the application from members of the public.
5. Staff recommend that application A2025-0012 for a Minor Variance to Section 3.1.c of
Zoning By-law 84-63 be approved.
Discussion:
No members of the public spoke regarding this application.
The applicant/owner, Harry Olson, spoke and provided an overview of the
application. The owner/applicant states that they have read and agreed to the
conditions of the Staff’s recommendation.
D. Eastman to staff- The Ganaraska Region Conservation Authority (GRCA)
comments are outstanding, should we be concerned?
A. Hoque responded- The Ganaraska Region Conservation Authority (GRCA) was
circulated for comments; however, staff did not receive their comments by the commenting
deadline. As such, the applicant is required to get in touch with the GRCA prior to and/or at
the building permit stage to determine if a GRCA permit is required. The GRCA will review
the proposal in relation to their policies/regulations.
Motion to approve A-2025-0012 as recommended by Brad Whittle, seconded by Dave
Eastman. Time approved 7:38pm
Full text of Decision:
That application A2025-0012, for a Minor Variance to Section 3.1.c of Zoning By-law 84-
63, to facilitate the construction of an addition to an existing detached garage by increasing
the maximum permitted accessory total floor area from 90 square metres to 235 square
metres and by increasing the maximum permitted accessory building height from 4.5
metres to 6.55 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.
Minutes –April 24, 2025 Page 2
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-2025-0012 on April 24,
2025.
Committee
Member
Yes No
Wendy Partner Absent
Dave Eastman
Noel Gamble Absent
Shelley Pohjola
Todd Taylor
Gord Wallace Absent
Brad Whittle
“Carried”
7.2 File: A-2025-0014 and A-2025-0016
Owner/Agent: Jonah Szent-Ivany
Staff: Ainsley Johnston
Address: 5 Lynwood Avenue, Courtice
Application:
1. The purpose of the application is to facilitate the creation of two new lots, Parts 2 and 3
of the Draft Reference Plan, for associated Consent Applications B2025-0012 & B2025-
0013 by reducing the minimum lot area from 560 square metres to 390.08 square metres
and by reducing the minimum lot frontage from 16 metres to 12.19 metres, and to
facilitate the development of single detached dwellings on the lots by increasing the
maximum total lot coverage for the dwelling from 30% to 40%, and to increase the
maximum total lot coverage for all buildings and structures from 40% to 45%.
2. Public notification was conducted in accordance with the Planning Act which included
signage being installed on the subject site and a mail out to all property owners within 60
metres of the subject site.
3. No comments were received in opposition to the application from external agencies or
internal departments.
Minutes –April 24, 2025 Page 2
Committee of Adjustment Meeting
4. One comment was received in opposition to the application from members of the public.
The nature of the concerns was that the development is a major renovation through the
demolition of the existing dwelling with construction of two new dwellings.
5. Staff recommends that application A2025-0014 & A2025-0016 for Minor Variance to
Sections 12.4.32.a, 12.4.32.b.i., 12.4.32.d.i., and 12.4.32.d.ii of Zoning By-law 84-63 be
approved subject to the conditions in the Staff Report.
Discussion:
One member of the public who is the owner of the neighbouring property at 8
Westmore Street, D. LeBlanc, spoke in opposition to the development with
concerns surrounding creating three homes. The member of the public stated
they are unable to determine if the proposed frontages go beyond the property
lines of the other four homes [fronting onto the north side of Westmore Street].
They asked questions on where the existing mailbox and fire hydrant will be
placed and expressed concerns that their backyard looks into the back of the
three proposed homes.
D. Eastman asked Member of the Public: Your side yard looks into?
D. LeBlanc: Side yard looks into backyard of 5 Lynwood.
D. Eastman asked the member of the public for clarification on how the
proposed houses are looking into their backyard if the three proposed homes are
fronting onto Westmore.
D. LeBlanc: Our backyard looks into the back of the house
D. Eastman: Okay, thank you.
Chair asked if there are any other questions.
S. Pohjola to Staff: The lady mentioned concerns regarding Canada Post and
fire. Can you speak to those issues? I see that the report says no comments or
concerns regarding either. It would be helpful.
A. Johnston: Canada Post was circulated and they provided no comments or
concerns. The applicant will have to work with Canada Post on relocating the
mailbox. Regional Works had no comments or concerns regarding the fire
hydrant.
D. LeBlanc asked Staff: Where are they going to be placed?
A. Johnston: Applicant will have to work with Works as they did not provide Staff
any comments or conditions.
D. LeBlanc asked Staff: The proposed three homes are in line with the current
homes?
Minutes –April 24, 2025 Page 2
Committee of Adjustment Meeting
A. Johnston: The three proposed homes are fronting onto Westmore and are in
alignment with the member of the public’s home. For clarification to the
committee, the backyard she has been referring to is the existing backyard for
the existing dwelling on Lynwood. The backyards of the proposed dwellings will
be in alignment with neighbouring backyard.
D. Eastman to Staff: What is the backyard of the property now will be the side
yard for the member of the public once these homes are built. It will be side yard
to side yard?
A. Johnston: The Site Plan attached in the Staff Report shows where the
existing backyard is, is essentially where the two new lots will be located. The
interior side yards are in alignment with the member of the publics interior side
yard.
D. Eastman: A number of comments are outstanding. Are there any concerns
they can be adversely affecting the application?
A. Johnston: For the comments outstanding, there are no concerns. There is a
condition in the Staff Report for the land division application in regards to
Health’s comments. The circulation email noted that if there are no comments
received, it will be interpreted as there are no concerns.
D. Eastman: It might be more appropriate under comments, if there are ones
outstanding and Staff are sure there are no concerns, to list them as no
concerns. There are multiple outstanding comments and it is a red flag.
A. Johnston: We interpret that as no concerns.
D. Eastman: Should it not be marked as no concerns?
Chair asked S. Parish to comment.
S. Parish: Moving forward in future reports, Staff can note it as no concerns.
D. Eastman: Thank you. It is more clear for the Committee if Staff are confident
there are no problems that marking it as no concerns is more appropriate.
J. Circo: Staff received Fire’s comments and there are no concerns or
objections.
Chair turned it over to the applicant to come forward and address the
Committee.
The applicant/owners, Jonah and Luke Szent-Ivany, spoke and provided an
overview of the application.
L. Szent-Ivany: The two lots will mirror the look and plan of existing homes
fronting onto Westmore and provided clarification that the existing backyard on
Lynwood will be the side yards. The applicants will work with Canada Post for
relocation of the mailbox.
Minutes –April 24, 2025 Page 2
Committee of Adjustment Meeting
J. Szent-Ivant: Applicants are looking to conform with the existing
neighbourhood and mirror the houses fronting onto Westmore including
landscaping and the driveway.
D. Eastman asked the Applicants to confirm they are aware of the two conditions
in the Staff Report to remove the single detached dwelling and the accessory
structure.
J. Szent-Ivany: Agree with conditions.
Motion to approve A2025-0014 and A2025-0016 as recommended by Dave
Eastman, seconded by Shelley Pohjola. Time approved 7:52 P.M.
Full text of Decision:
That Minor Variance Application A2025-0014 for variances to Section 12.4.32.a. by
reducing the minimum lot area from 560 square metres to 390.08 square metres, Section
12.4.32.b.i. by reducing the minimum lot frontage from 16 metres to 12.19 metres, Section
12.4.32.d.i. by increasing the maximum lot coverage for the dwelling from 30% to 40%,
and Section 12.4.32.d.ii by increasing the maximum total lot coverage for all buildings and
structures from 40% to 45% within Zoning By-law 84-63 to facilitate the severance of Part
2 on the draft reference plan and the construction of a single detached dwelling be
approved subject to the following condition;
a. That the applicant must demolish the existing single detached dwelling on the
proposed retained and severed parcel; a demolition permit is required.
b. That Minor Variance Application A2025-0016 for variances to Section 12.4.32.a.
by reducing the minimum lot area from 560 square metres to 390.08 square
metres, Section 12.4.32.b.i. by reducing the minimum lot frontage from 16
metres to 12.19 metres, Section 12.4.32.d.i. by increasing the maximum lot
coverage for the dwelling from 30% to 40%, and Section 12.4.32.d.ii by
increasing the maximum total lot coverage for all buildings and structures from
40% to 45% within Zoning By-law 84-63 to facilitate the severance of Part 3 on
the draft reference plan and the construction of a single detached dwelling be
approved subject to the following condition;
c. That the applicant must demolish the existing accessory structure on the
proposed parcel; a demolition permit is required as it maintains the general
intent and purpose of the Clarington Official Plan, maintains the general intent
and purpose of Zoning By-law 84-63, is desirable for the appropriate
development or use of the land, and is minor in nature.
The matter was then put to a vote and was carried out as follows, signed by all members
present and concurring that this is the Committee Decision on A2025-0014 and A2025-
0016 on April 24, 2025.
Minutes –April 24, 2025 Page 2
Committee of Adjustment Meeting
Committee
Member
Yes No
Wendy Partner Absent
Dave Eastman
Noel Gamble Absent
Shelley Pohjola
Todd Taylor
Gord Wallace Absent
Brad Whittle
“Carried”
7.2 File: A-2025-0015
Owner/Agent: Emily Santos
Staff: Akibul Hoque
Address: 6100 Henry Road, Darlington
Application:
1. The purpose of the application is to facilitate the construction of a detached garage by
increasing the maximum permitted accessory total floor area from 90 square metres to
160 square metres and by increasing the maximum permitted garage height from 5
metres to 6 metres.
2. Public notification was conducted in accordance with the Planning Act which included
signage being installed on the subject site and a mail out to all property owners within 60
metres of the subject site.
3. No comments were received in opposition to the application from external agencies or
internal departments. Comments were outstanding from the Durham Region Health
Department.
4. One inquiry was received from a member of the public inquiring about the minor variance
proposal; however, no concerns or objections were raised for the application.
5. Staff recommend that application A2025-0015 for a Minor Variance to Section 4.1.3 of
Zoning By-law 2005-109 be approved.
Minutes –April 24, 2025 Page 2
Committee of Adjustment Meeting
Discussion:
No members of the public spoke regarding this application.
The applicant/owner, Emily Santos, spoke and provided an overview of the
application. The owner/agent states that they have read and agreed to the
conditions of the Staff’s recommendation. Following the presentation, the
Committee did not raise any questions or concerns.
Motion to approve A-2025-0015 as recommended by Shelley Pohjola, seconded by Dave
Eastman. Time approved 7:58pm
Full text of Decision:
That application A2025-0015, for a Minor Variance to Section 4.1.3 of Zoning By-law 2005-
109 to facilitate the construction of a detached garage by increasing the maximum
permitted accessory total floor area from 90 square metres to 160 square metres and by
increasing the maximum permitted garage height from 5 metres to 6 metres be approved,
as it maintains the general intent and purpose of the Clarington Official Plan and Zoning
By-law 2005-109, is desirable for the appropriate development or use of the land and is
minor in nature.
The matter was then put to a vote and was carried out as follows, signed by all members
present and concurring that this is the Committee Decision on A-2025-0015 on April 24,
2025.
Committee
Member
Yes No
Wendy Partner Absent
Dave Eastman
Noel Gamble Absent
Shelley Pohjola
Todd Taylor
Gord Wallace Absent
Brad Whittle
“Carried”
Minutes –April 24, 2025 Page 2
Committee of Adjustment Meeting
8. Adoption of Minutes of Previous Meeting, March 27, 2025.
Note: Deferred to the May 22, 2025, Committee of Adjustment meeting, since only two members;
D. Eastman and T. Taylor were present at the March 27, 2025, meeting.
9. Other Business
T. Taylor called upon the Secretary- Treasurer for new business.
S. Parish- Staff noted that if a committee member is not attending meetings or
responding, the committee can decide how to proceed. If removal is recommended,
staff must be informed, and a report must go to Council. Additionally, staff noted,
following a discussion between D. Eastman and Staff prior to the meeting, that if a
recirculation fee is ever required, it will be identified and included within the staff
report and committee motion.
Chair T Taylor asked if there is any further business.
D. Eastman- Expressed concerns about committee attendance and emphasized that
while occasional absences are understandable, members are committed to
participating when they joined. Meeting dates are provided well in advance, and
members should make every effort to attend.
B Whittle responded- Wanted to clarify if Committee Meetings will be held in person
going forward?
S. Parish responded – It is up to the Committee to decide if meetings are to remain
hybrid or in person.
S. Pojhola added – Is there any concerns from Council on Committee of Adjustment
attendance?
S. Parish responded– Not aware of any concerns from Council regarding the
Committee attendance.
10. Adjournment
Last Date of Appeal for tonight’s minor variance applications: May 14, 2025
Next Meeting: May 22, 2025.
Chair Todd Taylor asked for a motion from the Committee.
Motion to adjourn the meeting was moved by Dave Eastman, seconded by Brad
Whittle.
“That the April 24, 2025, Committee of Adjustment be adjourned. Time is 8:05pm”
“Carried”
Outlook
Re: Committee of Adjustment: August 27, 2026 - Agency Circulation: A2025-0010 and A2025-0011
for 18 Rose Cres., Newtonville
From Jacob Slevin <Jacob.Slevin@durham.ca>
Date Fri 2026-08-21 1:31 PM
To Hebah Masood <HMasood@clarington.net>
Cc michael.scott <michael.scott@durham.ca>
EXTERNAL
Good afternoon Hebah,
Michael Scott forwarded me your message on 18 Rose Crescent since I prepared the Consent comments.
We have no concerns with the associated Minor Variances related to the proposal. All of our comments
were addressed as part of the Consent application.
Thanks for checking!
Best,
Jacob Slevin | Planner
Community Growth and Economic Development Department
The Regional Municipality of Durham
Jacob.Slevin@durham.ca | 905-668-4113 extension 2863| durham.ca
My pronouns are he/him.
From: Michael Scott <Michael.Scott@durham.ca>
Sent: August 21, 2026 12:48 PM
To: Jacob Slevin <Jacob.Slevin@durham.ca>
Subject: FW: Committee of Adjustment: August 27, 2026 - Agency Circulation: A2025-0010 and A2025-0011 for 18
Rose Cres., Newtonville
Hey –
I got this email – but I think you send these comments in, can you take a look at their request?
Attachment 8
⚠CAUTION: This email is from an external source. Verify sender before opening links and attachments.⚠
Thanks!
Mike
From: Hebah Masood <HMasood@clarington.net>
Sent: August 21, 2026 11:37 AM
To: Michael Scott <Michael.Scott@durham.ca>
Subject: Re: Committee of Adjustment: August 27, 2026 - Agency Circulation: A2025-0010 and A2025-0011 for 18
Rose Cres., Newtonville
Good morning,
I hope you're well. We received comments on the consent application for this address 18 Rose
Crescent. There are associated variances for the reduced lot size. I was wondering if you'd be
sending additional comments or if the comment letter provided for the consent includes
everything.
Thanks,
Hebah Masood
Planner II, Development Review
Planning and Infrastructure Services Department
Municipality of Clarington
40 Temperance Street, Bowmanville, ON L1C 3A6
905-623-3379 ext. 2437 | 1-800-563-1195
Clarington Website
From: Committee of Adjustment (SM) <CofA@clarington.net>
Sent: Friday, July 24, 2026 11:20 AM
To: Brendan Grigg <BGrigg@clarington.net>; Jeff Norris <JNorris@clarington.net>; Matt Muirhead
<MMuirhead@clarington.net>; David Perkins <DPerkins@clarington.net>; Development Engineering
Division <Development@clarington.net>; Lesley Kennedy <lesley.kennedy@durham.ca>; Kurt Niles
<kurt.niles@durham.ca>
Cc: Committee of Adjustment (SM) <CofA@clarington.net>; Hebah Masood <HMasood@clarington.net>
Subject: Committee of Adjustment: August 27, 2026 - Agency Circulation: A2025-0010 and A2025-0011
for 18 Rose Cres., Newtonville
Good morning,
Minor Variance application A2025-0010 and A2025-0011 for 18 Rose Cres., Newtonville, will be
presented on August 27, 2026, to the Committee of Adjustment. Please note this application was
Planning and Infrastructure Services
Committee of Adjustment
Minor Variance
Summary of Comments Submitted
A-2026-0016
2212 Trulls Road, Courtice
Municipal Departments / External Agencies Comment
Clarington Building Division No Concerns
Clarington Development Engineering Division Pending Comments
Clarington Fire and Emergency Services Department No concerns. See Attachment 2.
Central Lake Ontario Conservation Authority No concerns. See Attachment 3.
Municipality of Clarington
Committee of Adjustment
A-2026-0016 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: August 27, 2026
File Number: A-2026-0016
Address: 2212 Trulls Road, Courtice
Report Subject: A minor variance application to amend By-law 2024-030 by reducing the soft
landscaping in the front yard from 40% to 30% for Lots 1-63 in Subdivision
File S-C-2021-0005 Riley Park Developments Inc.(Riley Park 1).
Recommendations:
1.1. That the Report for Minor Variance Application A-2026-0016 be received.
1.2. That all written comments and verbal submissions are considered in the deliberation of
this application.
1.3. That application A-2026-0016 for a Minor Variance to By-law 2024-030 by reducing the
soft landscaping in the front yard from 40% to 30% for Lots 1 -63 in Subdivision File S-
C-2021-0005 Riley Park Developments Inc. (Riley Park 1) 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.
1.4. That all interested parties listed in this report be forwarded a copy of the Committee’s
decision.
Municipality of Clarington
Committee of Adjustment
A-2026-0016 Page 3
1. Application Details
1.1 Owner: Riley Park Developments Inc.
1.2 Applicant: Bonica Leung
1.3 Proposal: A minor variance application to amend By-law 2024-030 by
reducing the soft landscaping in the front yard from 40% to
30% for Lots 1-63 in Subdivision File S-C-2021-0005 Riley
Park Developments Inc. (Riley Park 1)
1.4 Area of Lot: 11.8 acres (4.7 hectares)
1.5 Location: 2212 Trulls Road, Courtice
1.6 Zoning: (H) R3-76, EP of Zoning By-law 84-63
1.7 Clarington Official
Plan Designation:
Urban Residential
1.8 Secondary Plan
Designation
Southeast Courtice Secondary Plan
1.9 Heritage Status: N/A
1.10 Water, Sewage and
Storm Servicing:
Municipal
Municipality of Clarington
Committee of Adjustment
A-2026-0016 Page 4
Figure 1: Property Location Map
2. Background
2.1 On June 25, 2026, Planning Staff received an application for minor variance from the
owner of 2212 Trulls Road in Courtice. The proposed minor variance application is to
amend By-law 2024-030 by reducing the soft landscaping in the front yard from 40% to
30% for Lots 1-63 in Subdivision File S-C-2021-0005 Riley Park Developments Inc.
(Riley Park 1).
3. Land Characteristics and Surrounding Uses
3.1 The subject property is located at 2212 Trulls Road in Courtice (See Figure 1) and its
lot area is approximately 11.8 acres (4.7 hectares) in size.
3.2 The surrounding uses are as follows:
a. South – Vacant lands
b. North – Existing residential properties
c. East – Agricultural lands, and
d. West – Environmental Protection lands
4. Public Notice and Submissions
4.1 Pursuant to the requirements of the Planning Act, the appropriate signage notifying of
the application was installed on the subject lands. In addition, the appropriate notice
was mailed to each landowner within 60m of the subject site.
4.2 At the time of writing this report, Staff did not receive any inquiries from members of the
public.
5. Discussion
Maintain the general intent and purpose of the Clarington Official Plan
5.1 The subject property is designated Urban Residential within Clarington’s Official Plan.
The designation is primarily intended to be used for housing purposes and range of
residential uses are permitted.
5.2 For the above stated reasons, it is Staff’s opinion that the proposal conforms to the
intent and purpose of the Official Plan.
Municipality of Clarington
Committee of Adjustment
A-2026-0016 Page 6
Maintain the general intent and purpose of By-law 2024-032
5.3 By-law 2024-032 came into effect on August 1, 2024. This by-law, part of a series of
municipal housekeeping amendments presented to Council in June 2024, introduced a
change to the minimum landscaping requirements. Specifically, it replaced the previous
30% landscaped open space requirement in Section 3.16.c.iii) of Zoning By -law 84-63
with a new 40% soft landscaping requirement for the front yard and exterior side yards
of single, semi-detached, and townhouse dwellings. The intent of this change is to
promote effective stormwater management practices in both new and existing
neighborhoods, while enhancing community health and safety. The developer Tribute is
in the final stages of development for its subdivision (S-C-2021-0005), which is currently
at the building permit stage having received draft approval prior to when By-law 2024-
032 came into effect.
5.4 The proposal intends to maintain sufficient front yard soft landscaping for each lot and to
ensure that the lands are not overdeveloped. Additionally, the reduction in the front yard
soft landscaping for Lots 1-63 will not be detrimental to the overall residential character
of the future neighbourhood. Three parking spaces are being provided for each lot and
the minimum parking requirements are met.
5.5 For the above stated reasons, it is Staff’s opinion that the application is in conformity
with the intent and purpose of Zoning by-law 84-63.
Desirable for the appropriate development or use of the land, building or structure
5.6 The subject lands are within a registered plan of subdivision (S-C-2021-0005) and the
applicant is not proposing any variances that would significantly alter the streetscape of
the future neighbourhood.
5.7 The reduction in the front yard soft landscaping will benefit future landowners as it
allows for a larger driveway. As the models for the subdivision were designed and
marketed to buyers with an accessory dwelling unit. both the future owners and tenants
would benefit from a two-car driveway. Further, this would minimize the need for on
street parking.
5.8 For the above stated reasons, the proposal is desirable for the development and use of
land, building and structures.
Minor in Nature
5.9 The subject lots are within an area of the subdivision where the buildings have not yet
been constructed. If the variance is approved, the varied lots will still conform to the
zoning regulations in the “Holding – Urban Residential Exception (R3-76)” zone.
5.10 The proposed minor variance reductions will have no adverse impacts on the drainage,
maintenance, or provision of private amenity space on the subject properties.
5.11 It is Staff’s opinion that the proposal is minor in nature as it does not significantly
change the use of the land, and it is a moderate increase to the permitted provisions of
the zoning by-law to allow.
6. Conclusion
6.1 Given the above comments, staff recommend approval of the application for a Minor
Variance to
Submitted by:
Nicklaus Gibson
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: Nicklaus Gibson, Planner I, 905 623-3379 ext. 2408 or NGibson@clarington.net
Attachments
Attachment 1: Subdivision Plan
Attachment 2: Clarington Fire and Emergency Services Comments
Attachment 3: CLOCA Comments
LOW DENSITY RESIDENTIAL LOTS UNITS
11.0
(DETACHED DWELLINGS)
12.2 +m FRONTAGES -
(DETACHED DWELLINGS)
TOTAL # LOTS/UNITS RESIDENTIAL
TOTAL AREA S.F. RESIDENTIAL
43
20
63 63
2.64 ha
BLOCK #UNITS AREA (ha)
TOWNHOUSE 64 - 65 10 0.22
+m FRONTAGES -
TOTAL RESIDENTIAL 2.88 ha
OPEN SPACE
ROADS
LAND USE BLOCKS BLOCK #AREA
66 - 68 0.56
0.65 ha
(ha)
LENGTH(m)AREA (ha)
m R.O.W.23.0 134 0.35
TOTAL AREA
TOTAL AREA OF SUBMISSION
1.28 haTOTAL LENGTH / AREA
4.81 ha
ROAD WIDENING 73 0.03
20.0 m R.O.W.451 0.44
679
18.0 m R.O.W.94 0.49
PART LOTS 69 - 70 X 0.02
73
RESIDENTIAL BLOCKS
43
20
EASEMENT OVER FUT. DEV. LOTS 72
FUTURE DEVLOPMENTS 71 0.04
0.02
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DateDrawnRevisionNoNote: * indicates signatures on original issue of drawing or last revision of drawing
Plot Date:Cad File No:20 August 2024 - 1:31 PM G:\662\11207831\Digital_Design\ACAD 2017\Planning\Draft Plan\11207831-RileyPark1_DP1_OPTION 1_2024_07_16.dwgPlotted by:Prapti Chandreshbhai Rakhasia
Job
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KEY PLAN-Not to Scale
PROPOSED
OF SUBDIVISION OF
PART OF LOT
CONCESSION
SCHEDULE OF LAND USES:
65 Sunray Street, Whitby Ontario L1N 8Y3
T 1 905 686 6402 F 1 905 432 7877
E ytomail@ghd.com W www.ghd.com
ADDITIONAL INFORMATION UNDER THE PLANNING ACT
Under section 51(17) of The Planning Act
information required by clauses A,B,C,D,E
F,G, & J shown on Draft and Key plans.K) All municipal services required
I)Sandy , Clay
H) Piped municipal water supply
L) As shown
SURVEYOR'S CERTIFICATEOWNER'S CERTIFICATE
I HEREBY CERTIFY THAT THE BOUNDARIES
THIS PLAN .
ACCURATELY AND CORRECTLY SHOWN ON
RELATIONSHIP TO THE ADJACENT LANDS ARE
OF THE LAND TO BE SUBDIVIDED AND THEIR
DATE
OF SUBDIVISION FOR APPROVAL.
TO PREPARE AND SUBMIT A DRAFT PLAN
SUBJECT LANDS, HEREBY AUTHORIZE GHD
WE , THE REGISTERED OWNERS OF THE
RILEY PARK DEVELOPMENTS INC.
A ORIGINAL SUBMISSION
B
C
D REVISED SUBMISSION -
REVISED LOTTING - RESUBMISSION
DRAFT PLAN
-
31
2
REGIONAL MUNICIPALITY OF DURHAM
MUNICIPALITY OF CLARINGTON
J.T. B.J. B.J. 06/21 Rev:Project No:
Client:
Project Name:
RILEY PARK DEVELOPMENTS INC.
RILEY PARK 1 - OPTION 1
11207831 C
Drawing No:DP-1
Conditions of Use.
This document may only be used by GHD's client (and any other person who GHD
has agreed can use this document) for the purpose for which it was prepared and
must not be used by any other person or for any other purpose.
GHD Inc.
Drafting Check
DesignerDrawn
Design Check
P.R.B.J.
.B.J.
Date JULY, 2024Approved.
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REVISED SUBMISSION J.T. B.J. B.J. 10/21
JUNE 23, 2021
REVISED SUBMISSION H.T. B.J. B.J. 03/23
ADDED LANDS ADJACENT TO MEADOWGLADE P.R. B.J. B.J. 12/23
B.J.
E P.R. B.J. B.J. 05/24
Riley Park Developments Inc. (Riley Park 1)
Analysis: Lots that required minor variance
Based on GHD draft plan dated: Dec. 18, 2024
Calculations provided by Cassidy & Co.
Prepared for: calculation of minor variance application fees
2026-05-12
ZBL Provision:
soft landscaping in
the front yard (%)
Is a Variance
Required?
(yes/no)
% Variance seeking for
in the application:
1 Interior 40%Yes 30%
Interior 40%Yes 30%
Interior 40%Yes 30%
Interior 40%Yes 30%
Interior 40%Yes 30%
Interior 40%Yes 30%
Interior 40%Yes 30%
Interior 40%Yes 30%
Interior 40%Yes 30%
Interior 40%Yes 30%
Interior 40%Yes 30%
Interior 40%Yes 30%
Interior 40%Yes 30%
14 Exterior / Corner 40%Yes 30%
15 Exterior / Corner 40%Yes 30%
Interior 40%Yes 30%
Interior 40%Yes 30%
Interior 40%Yes 30%
Interior 40%Yes 30%
Interior 40%Yes 30%
Interior 40%Yes 30%
Interior 40%Yes 30%
23 Interior 40%Yes 30%
24 Interior 40%Yes 30%
Interior 40%Yes 30%
Interior 40%Yes 30%
Interior 40%Yes 30%
Interior 40%Yes 30%
Interior 40%Yes 30%
Interior 40%Yes 30%
Interior 40%Yes 30%
Exterior / Corner 40%Yes 30%
Interior 40%Yes 30%
Interior 40%Yes 30%
Interior 40%Yes 30%
Exterior / Corner 40%Yes 30%
Interior 40%Yes 30%
Interior 40%Yes 30%
Interior 40%Yes 30%
40 Exterior / Corner 40%Yes 30%
Interior 40%Yes 30%
Interior 40%Yes 30%
Interior 40%Yes 30%
Interior 40%Yes 30%
45 Interior 40%Yes 30%
Interior 40%Yes 30%
Interior 40%Yes 30%
Interior 40%Yes 30%
Interior 40%Yes 30%
Interior 40%Yes 30%
Exterior / Corner 40%Yes 30%
Exterior / Corner 40%Yes 30%
Interior 40%Yes 30%
Interior 40%Yes 30%
Interior 40%Yes 30%
Interior 40%Yes 30%
Interior 40%Yes 30%
Interior 40%Yes 30%
Interior 40%Yes 30%
Interior 40%Yes 30%
Interior 40%Yes 30%
Interior 40%Yes 30%
Exterior / Corner 40%Yes 30%
Total Units in 73
Lots requiring MV 63
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, 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: Jul 22, 2026
Subject: EFS Review Complete
File: A-2026-0016
This memo is to provide comments from the Clarington Emergency and Fire Services,
Fire Prevention Division regarding the above noted file. The review has been completed
and the below comments have been made regarding it:
No fire safety concerns
Regards,
--
Jeff Norris
Fire Inspector
Emergency and Fire Services - Fire Prevention
JNorris@Clarington.net
(905) 623-3379 e 2809
100 WHITING AVENUE OSHAWA ON L1H 3T3 | P. 905 579 0411 | F. 905 579 0994 | CLOCA.COM
Healthy watersheds for
today and tomorrow.
August 7, 2026
Committee of Adjustment
Municipality of Clarington
Planning Services Department
40 Temperance Street
Bowmanville, ON L1C 3A6
Attention: Nicklaus Gibson, Acting Secretary/Treasurer, Committee of Adjustment
Subject: Minor Variance Application A2026-0016
Applicant: Bonica Leung - Tribute Limited
Address: 2212 Trulls Road, Courtice
CLOCA File No.: PVOG410
Purpose of Application: A minor variance application to amend By-law 2024-030 by reducing the soft
landscaping in the front yard from 40% to 30% for Lots 1-63 in Subdivision File SC-2021-0005 Riley Park
Developments Inc. (Riley Park 1).
Thank you for circulating Central Lake Ontario Conservation Authority (CLOCA) on the above noted minor variance
application.
Based on the results of the supporting calculations conducted by WSP (June 25, 2026), staff are satisfied that the
proposed reduction in front yard soft landscaping will not significantly affect the combined average
imperviousness of the site and continues to conform with the approved Stormwater Management Report and
Hydrogeological Assessment. Accordingly, CLOCA staff do not have an objection towards the approval of the
proposed minor variance.
Thank you for the opportunity to provide comments on this minor variance application. Please feel free to
contact the undersigned should you have any questions.
Sincerely,
Sarem Nejad, PhD MCIP RPP
Development Planner
Planning and Infrastructure Services
Committee of Adjustment
Minor Variance
Summary of Comments Submitted
A-2026-0017
1588 Bloor Street, Courtice
Municipal Departments / External Agencies Comment
Clarington Building Division No Concerns
Municipality of Clarington
Committee of Adjustment
A2026-0017 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: August 27, 2026
File Number: A-2026-0017
Address: 1588 Bloor Street, Courtice
Report Subject: A minor variance application to amend By-law 2024-029 by reducing the
soft landscaping in the front yard from 40% to 30% for Lots 1 -138 for
Tribute Subdivision S-C-2021-0006.
Recommendations:
1. That the Report for Minor Variance Application A-2026-0017 be received.
1.1. That all written comments and verbal submissions are considered in the deliberation
of this application;
1.2. That application A-2026-0017 for a Minor Variance to By-law 2024-029 by reducing
the soft landscaping in the front yard from 40% to 30% for Lots 1-138 for Tribute
Subdivision S-C-2021-0006 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 is minor in nature.
2. That all interested parties listed in this report be forwarded a copy of the
Committee’s decision.
Municipality of Clarington
Committee of Adjustment
A2026-0017 Page 3
1. Application Details
1.1 Owner: Tribute (Courtice) Limited
1.2 Applicant: Bonica Leung
1.3 Proposal: A minor variance application to amend By-law 2024-029 by
reducing the soft landscaping in the front yard from 40% to
30% for Lots 1-138 for Tribute Subdivision S-C-2021-0006.
1.4 Area of Lot: 75.8 acres (30.6 hectares)
1.5 Location: 1588 Bloor Street, Courtice
1.6 Zoning: (H) R3-75, (H) A-95, EP in Zoning By-law 84-63
1.7 Clarington Official
Plan Designation:
Urban Residential, Regional Corridor, Environmental
Protection
1.8 Secondary Plan
Designation
Southeast Courtice Secondary Plan
1.9 Heritage Status: N/A
1.10 Water, Sewage and
Storm Servicing:
Municipal
Municipality of Clarington
Committee of Adjustment
A2026-0017 Page 4
Figure 1: Property Location Map
2. Background
2.1 On June 25, 2026, Planning Staff received an application for minor variance from the
owner of 1588 Bloor Street. The minor variance application is to amend By-law 2024-
029 by reducing the soft landscaping in the front yard from 40% to 30% for Lots 1 -138
for Tribute Subdivision S-C-2021-0006 (See Attachment 1).
3. Land Characteristics and Surrounding Uses
3.1 The subject property is located at 1588 Bloor Street in Courtice (See Figure 1), and the
property’s lot area is approximately 75.8 acres (30.6 hectares).
3.2 The surrounding uses are as follows:
a. South – Vacant lands
b. North – Existing residential properties
c. East – Agricultural lands and,
d. West – Environmental Protection lands
4. Public Notice and Submissions
4.1 Pursuant to the requirements of the Planning Act, the appropriate signage notifying of
the application was installed on the subject lands. In addition, the appropriate notice
was mailed to each landowner within 60m of the subject site.
4.2 At the time of writing this report, Staff did not receive any inquiries from members of the
public.
5. Discussion
Maintain the general intent and purpose of the Clarington Official Plan
5.1 The subject property is designated Urban Residential within Clarington’s Official Plan.
designation is primarily intended to be used for housing purposes and range of
residential uses are permitted.
5.2 It is staff’s opinion that the proposal conforms to the intent and purpose of the Official
Plan.
Maintain the general intent and purpose of Zoning By-law 2024-029
5.3 By-law 2024-029 came into effect on June 24, 2024. This by-law, part of a series of
municipal housekeeping amendments presented to Council in June 2024, introduced a
change to the minimum landscaping requirements. Specifically, it replaced the previous
30% landscaped open space requirement in Section 3.16.c.iii) of Zoning By-law 84-63
with a new 40% soft landscaping requirement for the front yard and exterior side yards
of single, semi-detached, and townhouse dwellings.
Municipality of Clarington
Committee of Adjustment
A2026-0017 Page 6
The intent of this change is to promote effective stormwater management practices in
both new and existing neighborhoods, while enhancing community health and safety.
The developer Tribute is in the final stages of development for its subdivision (S-C-
2021-0006) and is currently at the building permit stage, having received draft approval
prior to when By-law 2024-029 came into effect.
5.4 For the above stated reasons, it is Staff’s opinion that the application is in conformity
with the intent and purpose of Zoning by-law 84-63.
Desirable for the appropriate development or use of the land, building or structure
5.5 The subject lands are within a registered plan of subdivision (S-C-2021-0006), and the
applicant is not proposing any variances that would significantly alter the registered plan
of subdivision or streetscape of the future neighbourhood.
5.6 The reduction in the front yard soft landscaping will benefit future landowners as the
models were designed and marketed to buyers with an accessory dwelling unit; in which
the owner and tenant would benefit from a two-car parking driveway. This would
minimize the need for on street parking.
5.7 In Staff’s opinion, the proposal is desirable for the development and use of land,
building and structures.
Minor in Nature
5.8 The proposed lots are within a registered plan of subdivision where the buildings have
not yet been constructed. If the variance is approved, the varied lots will still conform to
the zoning regulations in the “Holding – Urban Residential Exception (R3-75)” zone.
5.9 The proposed minor variance deficiencies will have no adverse impacts on the
drainage, maintenance, or provision of private amenity space on the subject lands.
5.10 It is Staff’s opinion that the proposal is minor in nature as it does not significantly
change the use of the land, and it is a moderate increase to the permitted provisions of
the zoning by-law to allow.
6. Conclusion
6.1 Given the above comments, staff recommend approval of the application for a Minor
Variance to amend By-law 2024-029 by reducing the soft landscaping in the front yard
from 40% to 30% for Lots 1-138 for Tribute Subdivision S-C-2021-0006.
Submitted by:
Nicklaus Gibson
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: Nicklaus Gibson, Planner I, 905 623-3379 ext. 2408 or NGibson@clarington.net
Attachments
Attachment 1: Courtice Approved Plan of Subdivision
Attachment 2: Development Engineering Comments
Attachment 3: Emergency and Fire Services 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.
A minor variance application to amend By-law 2024-029 by reducing the soft
landscaping in the front yard from 40% to 30% for Lots 1-138 for Tribute.
Development Engineering has reviewed the application and provides the following
comments:
The calculated runoff coefficient based on the proposed impervious area (48.87%)
shown in Sketch 1 is approximately 0.59, which exceeds the required runoff
coefficient of 0.50.
To support this application, the applicant shall submit a Stormwater Management
Brief confirming that the proposed increase in runoff coefficient will not adversely
impact the approved stormwater management design, infrastructure capacity, or
overall performance of the stormwater management system for Subdivision File S-
C-2021-0006.
If you have any questions regarding the above-noted comments, please contact
Julia Antonova, Planning and Infrastructure Services Department.
Karen Richardson, P.Eng.
Manager of Development Engineering
KR/JA
To: Nicklaus Gibson, Planner I
From: Karen Richardson, Manager of Development Engineering, Planning
and Infrastructure Services Department
Date: July 28, 2026.
Subject: Minor Variance Application A2026-0017
File: Applicant: Bonica Leung - Tribute (King Street) Limited
Address:1588 Bloor Street, Courtice
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: Jul 24, 2026
Subject: EFS Review Complete
File: A-2026-0017
100 WHITING AVENUE OSHAWA ON L1H 3T3 | P. 905 579 0411 | F. 905 579 0994 | CLOCA.COM
Healthy watersheds for
today and tomorrow.
August 7, 2026
Committee of Adjustment
Municipality of Clarington
Planning Services Department
40 Temperance Street
Bowmanville, ON L1C 3A6
Attention: Nicklaus Gibson, Acting Secretary/Treasurer, Committee of Adjustment
Subject: Minor Variance Application A2026-0017
Applicant: Bonica Leung - Tribute Limited
Address: 1588 Bloor Street, Courtice
CLOCA File No.: PVOG409
Purpose of Application: A minor variance application to amend By-law 2024-029 by reducing the soft
landscaping in the front yard from 40% to 30% for Lots 1-138 for Tribute Subdivision S-C-2021-0006.
Thank you for circulating Central Lake Ontario Conservation Authority (CLOCA) on the above noted minor variance
application.
Based on the results of the supporting calculations conducted by WSP (June 25, 2026), staff are satisfied that the
proposed reduction in front yard soft landscaping will not significantly affect the combined average
imperviousness of the site and continues to conform with the approved Stormwater Management Report and
Hydrogeological Assessment. Accordingly, CLOCA staff do not have an objection towards the approval of the
proposed minor variance.
Thank you for the opportunity to provide comments on this minor variance application. Please feel free to
contact the undersigned should you have any questions.
Sincerely,
Sarem Nejad, PhD MCIP RPP
Development Planner
Tribute (Courtice) Limited
Analysis: Lots that required minor variance
Based on GHD draft plan dated: Dec 19, 2024
Calculations provided by Cassidy & Co.
Prepared for: calculation of minor variance application fees
2026-05-12
Lot ID Lot type
ZBL Provision:
soft landscaping in
the front yard (%)
Is a Variance
Required?
(yes/no)
% Variance seeking for
in the application:
1 Exterior / Corner 40%Yes 30%
2 Interior 40%Yes 30%
3 Exterior / Corner 40%Yes 30%
4 Interior 40%Yes 30%
5 Interior 40%Yes 30%
6 Interior 40%Yes 30%
4 Interior 40%Yes 30%
7 Interior 40%Yes 30%
9 Interior 40%Yes 30%
10 Exterior / Corner 40%Yes 30%
11 Exterior / Corner 40%Yes 30%
12 Interior 40%Yes 30%
13 Interior 40%Yes 30%
14 Interior 40%Yes 30%
15 Interior 40%Yes 30%
16 Interior 40%Yes 30%
17 Interior 40%Yes 30%
18 Interior 40%Yes 30%
19 Interior 40%Yes 30%
20 Interior 40%Yes 30%
21 Interior 40%Yes 30%
22 Interior 40%Yes 30%
23 Interior 40%Yes 30%
24 Interior 40%Yes 30%
25 Interior 40%Yes 30%
26 Interior 40%Yes 30%
27 Interior 40%Yes 30%
28 Interior 40%Yes 30%
29 Interior 40%Yes 30%
30 Interior 40%Yes 30%
31 Interior 40%Yes 30%
32 Interior 40%Yes 30%
33 Interior 40%Yes 30%
34 Interior 40%Yes 30%
35 Interior 40%Yes 30%
36 Interior 40%Yes 30%
37 Interior 40%Yes 30%
38 Interior 40%Yes 30%
39 Interior 40%Yes 30%
40 Interior 40%Yes 30%
41 Interior 40%Yes 30%
42 Interior 40%Yes 30%
43 Interior 40%Yes 30%
44 Interior 40%Yes 30%
45 Interior 40%Yes 30%
46 Interior 40%Yes 30%
47 Interior 40%Yes 30%
48 Interior 40%Yes 30%
49 Interior 40%Yes 30%
50 Interior 40%Yes 30%
51 Interior 40%Yes 30%
52 Interior 40%Yes 30%
53 Interior 40%Yes 30%
54 Interior 40%Yes 30%
55 Interior 40%Yes 30%
56 Interior 40%Yes 30%
57 Interior 40%Yes 30%
58 Interior 40%Yes 30%
59 Interior 40%Yes 30%
60 Interior 40%Yes 30%
61 Interior 40%Yes 30%
62 Interior 40%Yes 30%
63 Interior 40%Yes 30%
64 Interior 40%Yes 30%
65 Interior 40%Yes 30%
66 Interior 40%Yes 30%
67 Interior 40%Yes 30%
68 Exterior / Corner 40%Yes 30%
69 Interior 40%Yes 30%
70 Interior 40%Yes 30%
71 Interior 40%Yes 30%
72 Interior 40%Yes 30%
73 Exterior / Corner 40%Yes 30%
74 Interior 40%Yes 30%
75 Interior 40%Yes 30%
76 Interior 40%Yes 30%
77 Interior 40%Yes 30%
78 Interior 40%Yes 30%
79 Interior 40%Yes 30%
80 Interior 40%Yes 30%
81 Exterior / Corner 40%Yes 30%
82 Exterior / Corner 40%Yes 30%
83 Interior 40%Yes 30%
84 Interior 40%Yes 30%
85 Exterior / Corner 40%Yes 30%
86 Interior 40%Yes 30%
87 Interior 40%Yes 30%
88 Interior 40%Yes 30%
89 Interior 40%Yes 30%
90 Exterior / Corner 40%Yes 30%
91 Exterior / Corner 40%Yes 30%
92 Interior 40%Yes 30%
93 Interior 40%Yes 30%
94 Interior 40%Yes 30%
95 Interior 40%Yes 30%
96 Interior 40%Yes 30%
97 Exterior / Corner 40%Yes 30%
98 Exterior / Corner 40%Yes 30%
99 Interior 40%Yes 30%
100 Interior 40%Yes 30%
101 Interior 40%Yes 30%
102 Interior 40%Yes 30%
103 Interior 40%Yes 30%
104 Exterior / Corner 40%Yes 30%
105 Exterior / Corner 40%Yes 30%
106 Interior 40%Yes 30%
107 Interior 40%Yes 30%
108 Interior 40%Yes 30%
109 Interior 40%Yes 30%
110 Exterior / Corner 40%Yes 30%
111 Interior 40%Yes 30%
112 Interior 40%Yes 30%
113 Interior 40%Yes 30%
114 Interior 40%Yes 30%
115 Interior 40%Yes 30%
116 Interior 40%Yes 30%
117 Exterior / Corner 40%Yes 30%
118 Interior 40%Yes 30%
119 Interior 40%Yes 30%
120 Interior 40%Yes 30%
121 Exterior / Corner 40%Yes 30%
122 Exterior / Corner 40%Yes 30%
123 Interior 40%Yes 30%
124 Interior 40%Yes 30%
125 Interior 40%Yes 30%
126 Interior 40%Yes 30%
127 Interior 40%Yes 30%
128 Interior 40%Yes 30%
129 Interior 40%Yes 30%
130 Interior 40%Yes 30%
131 Interior 40%Yes 30%
132 Interior 40%Yes 30%
133 Interior 40%Yes 30%
134 Interior 40%Yes 30%
135 Interior 40%Yes 30%
136 Interior 40%Yes 30%
137 Interior 40%Yes 30%
138 Interior 40%Yes 30%
Total Units in
subdivsion
170
Lots requiring MV 138
Planning and Infrastructure Services
Committee of Adjustment
Minor Variance
Summary of Comments Submitted
A-2026-0030
8287 Allin Road, Clarington
Municipal Departments / External Agencies Comment
Clarington Building Division No Concerns
Municipality of Clarington
Committee of Adjustment
A-2026-0030 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: August 27, 2026
File Number: A-2026-0030
Address: 8287 Allin Road, Clarington
Report Subject: A minor variance application to construct a detached garage by increasing
the total accessory floor area from 120 square metres to 223 square
metres, and by increasing the maximum height from 5 metres to 6 metres.
Recommendations:
1. That the Report for Minor Variance Application A-2026-0030 be received.
1.1. That all written comments and verbal submissions are considered in the deliberation
of this application;
1.2. That application A-2026-0030 for a Minor Variance to Section 4.1.3 of Zoning By-law
2005-109 to construct a detached garage by increasing the total accessory floor
area from 120 square metres to 223 square metres and by increasing the maximum
height from 5 metres to 6 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.
2. That all interested parties listed in this report be forwarded a copy of the
Committee’s decision.
Municipality of Clarington
Committee of Adjustment
A-2026-0030 Page 3
1. Application Details
1.1 Owner: Alexander Bek
1.2 Applicant: Alexander Bek
1.3 Proposal: A minor variance application to construct a detached garage
by increasing the total accessory floor area from 120 square
metres to 223 square metres, and by increasing the maximum
height from 5 metres to 6 metres.
1.4 Area of Lot: 50 acres (20.2 hectares)
1.5 Location: 8287 Allin Road, Clarington
1.6 Zoning: Agricultural (A), Agricultural Exception (A-1), and
Environmental Protection (EP) in Zoning By-law 2005-109
1.7 Clarington Official
Plan Designation:
Prime Agriculture, Natural Linkage Area, and Environmental
Protection
1.8 Secondary Plan
Designation
N/A
1.9 Heritage Status: N/A
1.10 Water, Sewage and
Storm Servicing:
Private
Municipality of Clarington
Committee of Adjustment
A-2026-0030 Page 4
2. Background
2.1 On June 29, 2026, Planning Staff received an application for minor variance from the
owner of 8287 Allin Road. The minor variance application is to construct a detached
garage by increasing the total accessory floor area from 120 square metres to 223
square metres, and by increasing the maximum height from 5 metres to 6 metres..
(See Attachment 1 – Site Plan.)
3. Land Characteristics and Surrounding Uses
3.1 The subject property is located at 8287 Allin Road in Clarington (See Figure 1). The
property’s lot area is approximately 50 acres (20.2 hectares) in size and has an
approximate lot frontage of 503 metres along Allin Road.
3.2 The surrounding uses are as follows:
a. South – Environmental Protection lands
b. North – Agricultural lands
c. East – Agricultural lands and,
d. West – Agricultural lands
4. Public Notice and Submissions
4.1 Pursuant to the requirements of the Planning Act, the appropriate signage notifying of
the application was installed on the subject lands. In addition, the appropriate notice
was mailed to each landowner within 60m of the subject site.
4.2 At the time of writing this report, Staff did not receive any inquiries from members of the
public.
5. Discussion
Maintain the general intent and purpose of the Clarington Official Plan
5.1 The subject property is designated as Prime Agricultural, Natural Linkage Area, and
Environmental Protection within Clarington’s Official Plan.
5.2 The proposed detached garage is to be located within the Prime Agricultural Area
designation on the subject property. The Clarington Official Plan states that Prime
Agricultural Areas are intended to be used predominantly for agricultural uses,
agriculture-related uses, and on-farm diversified uses. However, accessory buildings
and structures, including detached garages, are permitted within this designation. As
such, the proposed detached garage is considered consistent with the intent and
purpose of the Prime Agricultural Area policies and conforms to the applicable
provisions of the Clarington Official Plan.
Municipality of Clarington
Committee of Adjustment
A-2026-0030 Page 5
5.3 It is staff’s opinion that the proposal to construct a detached garage conforms to the
intent and purpose of the Official Plan.
Maintain the general intent and purpose of Zoning By-law 2005-109
5.4 The subject property is zoned Agricultural (A), Agricultural Exception (A-1), and
Environmental Protection (EP) within Zoning By-law 2005-109.
5.5 The maximum permitted total accessory floor area is 120 square metres, whereas the
proposed variance will serve to increase the maximum total accessory floor area to 2 23
square metres. The intent of limiting the maximum total accessory floor area within an
accessory building is to ensure that there are no negative or adverse impacts on
adjacent properties and that the accessory building remains secondary to the principal
use of the lands. Given the size of the property being over 50 acres, there will be no
negative or adverse impacts on adjacent properties. Furthermore, the proposed
detached garage will be screened by trees and woodlands that will provide ample
privacy and will not look out of context for the surrounding area.
5.6 Additionally, the maximum permitted height of the accessory building is 5 metres,
whereas the proposed variance will serve to increase the maximum height to 6 metres.
The proposed variance to increase the height to 6 metres will maintain the intent of
Zoning By-law 2005-109 as it would remain secondary to the single detached dwelling
in terms of size.
5.7 For the above stated reasons, it is Staff’s opinion that the application is in conformity
with the intent and purpose of Zoning by-law 2005-109.
Desirable for the appropriate development or use of the land, building or structure
5.8 The proposed detached garage would accommodate the owners’ vehicles and for
additional storage, thus resulting in a tidier site that is lest likely to result in issues such
as lower neighbourhood appeal, risk of pests being attracted to the site, and potential to
environmental features.
5.9 The proposed detached garage is set well back from the road and is effectively
screened from view by existing trees and woodland vegetation. The structure will be
located approximately 95 metres from the road, south of the single detached dwelling,
and will be largely concealed by the surrounding wooded area. As a result, the
proposed detached garage is expected to have minimal visual impact on the
surrounding area and is not anticipated to adversely affect adjacent land uses or
neighbouring properties.
Municipality of Clarington
Committee of Adjustment
A-2026-0030 Page 6
5.10 For the above stated reasons, it is Staff’s opinion that the proposal for a detached
garage is desirable for the development and use of land, building and structures.
Minor in Nature
5.11 In considering whether the relief sought to Zoning By-Law 2005-109 is minor; Staff note
that this test is not simply a question of numbers. The principal consideration is that of
the potential impact the variances may have on the surrounding neighbourhood, an d
whether that impact is minor or acceptable.
5.12 Due to the size of the property being over 50 acres and the significant screening offered
by the existing trees, there are no anticipated negative impacts to surrounding land
uses. The design of the detached garage appears to remain accessory to the principal
dwelling in terms of scale and residential use of the subject property.
5.13 It is Staff’s opinion that the proposal is minor in nature as it does not significantly
change the use of the land, and it is a moderate increase to the permitted provisions of
the zoning by-law to allow.
6. Conclusion
6.1 Given the above comments, staff recommend approval of the application for a Minor
Variance to construct a detached garage by increasing the total accessory floor area
from 120 square metres to 223 square metres, and by increasing the maximum height
from 5 metres to 6 metres.
Submitted by:
Nicklaus Gibson
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: Nicklaus Gibson, Planner I, 905-623-3379 ext. 2408 or NGibson@clarington.net
Attachments
Attachment 1: Drawings
Attachment 2: Development Engineering Comments
Attachment 3: Emergency and Fire Services Comments
Attachment 4: GRCA 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.
A minor variance application to construct a detached garage by increasing the total
accessory floor area from 120 square metres to 223 square metres, and by
increasing the maximum height from 5 metres to 6 metres.
Development Engineering has reviewed the above-noted application and has no
objections to the proposal.
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 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 confirm that there are no adverse effects to any
neighbouring properties, and all runoff is contained within the site.
If you have any questions regarding the above-noted comments, please contact
Julia Antonova, Planning and Infrastructure Services Department. _
Karen Richardson, P.Eng.
Manager of Development Engineering,
KR/JA
To: Nicklaus Gibson, Planner I
From: Karen Richardson, Manager of Development Engineering
Date: July 28, 2026.
Subject: Minor Variance Application A2026-0030
File: Applicant: Alexander Bek
Address:8287 Allin Road, Clarke
The Corporation of the Municipality of Clarington, 40 Temperance Street, Bowmanville, ON L1C 3A6
1-800-563-1195 | Local: 905-623-3379 | info@clarington.net | www.clarington.net
To: Planning and Infrastructure Services
From: Emergency and Fire Services - Fire Prevention
Date: Jul 24, 2026
Subject: EFS Review Complete
File: A-2026-0030
From:Ken Thajer
To:Committee of Adjustment (SM)
Cc:Nicklaus Gibson; Joanne May
Subject:RE: Committee of Adjustment: August 27, 2026 - Agency Circulation: A-2026-0030 (8287 Allin Road, Clarington)
Date:August 6, 2026 11:25:29 AM
Attachments:image002.png
image003.png
image001.png
EXTERNAL
Re: Committee of Adjustment A-2026-0030
8287 Allin Road
Municipality of Clarington
The Ganaraska Region Conservation Authority (GRCA) is in receipt of a minor variance application to construct
a detached garage by increasing the total accessory floor area from 120 square metres to 223 square metres,
and by increasing the maximum height from 5 metres to 6 metres.
The subject property does include GRCA regulated features which include watercourses, floodplain,
valleylands and a wetland.
The proposed garage is not within a GRCA regulated area and is outside any hazards. On this basis, GRCA has
no objection to the approval of the minor variance. A permit from GRCA for the construction of the garage will
not be required.
Please forward a copy of the decision when available.
Regards,
Ken Thajer MCIP, RPP
Planning & Regulations Coordinator
Ganaraska Conservation 80th Anniversary logo
“Clean Water, Healthy Land for Healthy Communities”
Ganaraska Region
Conservation Authority
2216 County Road 28
Port Hope, ON L1A 3V8
o.905.885.8173 ext. 245
c.905.269.9265
Please visit grca.on.ca for the GRCA staff directory & additional information.
Disclaimer: This communication is intended for the addressee indicated above. It may contain information that
is privileged, confidential or otherwise protected from disclosure under the Municipal Freedom of Information
and Privacy Protection Act. If you have received this email in error, please notify me immediately.
Planning and Infrastructure Services
Committee of Adjustment
Minor Variance
Summary of Comments Submitted
A-2026-0033
12 Fourth Street, Bowmanville
Municipal Departments / External Agencies Comment
Clarington Building Division No Concerns
Municipality of Clarington
Committee of Adjustment
A-2026-0033 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: August 27, 2026
File Number: A-2026-0033
Address: 12 Fourth Street, Bowmanville
Report Subject: A minor variance application to convert an existing detached garage into an
additional dwelling unit by reducing the interior side yard setback from 1.8
metres to 0.6 metres, by reducing the rear yard setback from 1.8 metres to
1.1 metres, by reducing the minimum size of a parking space from 5.7
metres by 2.75 metres to 5.55 metres by 2.75 metres, and by increasing the
total lot coverage from 35% to 45%.
Recommendations:
1. That the Report for Minor Variance Application A-2026-0033 be received.
1.1. That all written comments and verbal submissions are considered in the deliberation
of this application;
1.2. That application A-2026-0033 for a Minor Variance to Section 3.2 f. ii) b), Section 12.2
f. i), Section 12.2 d. iii) a), and Section 3.16 c. i) of Zoning By-law 84-63 to convert an
existing detached garage into an additional dwelling unit by reducing the interior side
yard setback from 1.8 metres to 0.6 metres, by reducing the rear yard setback from
1.8 metres to 1.1 metres, by reducing the minimum size of a parking sp ace from 5.7
metres by 2.75 metres to 5.55 metres by 2.75 metres, and by increasing the total lot
coverage from 35% to 45% 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.
2. That all interested parties listed in this report be forwarded a copy of the Committee’s
decision.
Municipality of Clarington
Committee of Adjustment
A-2026-0033 Page 3
1. Application Details
1.1 Owner: William Huang
1.2 Applicant: Benan Hanoudi Architect Inc.
1.3 Proposal: A minor variance application to convert an existing detached
garage into an additional dwelling unit by reducing the interior
side yard setback from 1.8 metres to 0.6 metres, by reducing
the rear yard setback from 1.8 metres to 1.1 metres, by
reducing the minimum size of a parking space from 5.7 metres
by 2.75 metres to 5.55 metres by 2.75 metres, and by
increasing the total lot coverage from 35% to 45%.
1.4 Area of Lot: 0.12 acres (0.04 hectares)
1.5 Location: 12 Fourth Street, Bowmanville
1.6 Zoning: Urban Residential Type One (R1), Neighbourhood Character
Overlay Area (NCO) in Zoning By-law 84-63
1.7 Clarington Official
Plan Designation:
Urban Residential
1.8 Secondary Plan
Designation
N/A
1.9 Heritage Status: N/A
1.10 Water, Sewage and
Storm Servicing:
Municipal
Municipality of Clarington
Committee of Adjustment
A-2026-0033 Page 4
Figure 1: Property Location Map
Municipality of Clarington
Committee of Adjustment
A-2026-0033 Page 5
2. Background
2.1 On June 10, 2026, Planning Staff received an application for minor variance from the
owner of 12 Fourth Street. The minor variance application is to convert an existing
detached garage into an additional dwelling unit by reducing the interior side yard setback
from 1.8 metres to 0.6 metres, by reducing the rear yard setback from 1.8 metres to 1.1
metres, by reducing the minimum size of a parking space from 5.7 metres by 2.75 metres
to 5.55 metres by 2.75 metres, and by increasing the total lot coverage from 35% to 45%.
(See Attachment 1 – Site Plan).
3. Land Characteristics and Surrounding Uses
3.1 The subject property is located at 12 Fourth Street in Bowmanville (See Figure 1). The
property’s lot area is approximately 467 square metres and has an approximate lot
frontage of 16.44 metres along Fourth Street.
3.2 The surrounding uses are as follows:
a. South – Existing residential dwellings;
b. North – Existing residential dwellings;
c. East – Existing residential dwellings; and,
d. West – Existing residential 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, the appropriate notice was
mailed to each landowner within 60 metres of the subject site.
4.2 At the time of writing this report, Staff did not receive any inquiries from members of the
public.
5. Discussion
Maintain the general intent and purpose of the Clarington Official Plan
5.1 The subject property is designated Urban Residential in the Clarington Official Plan which
permits the proposed residential use on the property.
5.2 The Municipality encourages gentle intensification in established neighbourhoods such as
additional dwelling units to ensure the efficient use of existing infrastructure like roads and
schools. The Official Plan requires new development and redevelopment in established
areas to respect and reinforce the physical character of the established neighbourhood
having regard to heights and scale of buildings and setbacks of buildings from the street,
side and rear yards.
Municipality of Clarington
Committee of Adjustment
A-2026-0033 Page 6
5.3 Recognizing that established neighbourhoods are stable but not static, the Municipality
encourages limited intensification in accordance with the criteria in Section 5.4.1 of the
Clarington Official Plan to ensure intensification projects are compatible with the
adjacent neighbourhoods.
5.4 For the above stated reasons, it is Staff’s opinion that the proposal conforms to the
intent and purpose of the Official Plan.
Maintain the general intent and purpose of Zoning By-law 84-63
5.5 The subject property is zoned Urban Residential Type One (R1) and is situated within
the Neighbourhood Character Overlay (NCO) within Zoning By-Law 84-63. Properties
within the NCO are subject to the zone provisions in Section 12.2.1 of Zoning By-law
84-63.
5.6 The proposed variances for the additional dwelling unit are to reduce the interior side
yard setback from 1.8 metres to 0.6 metres, to reduce the rear yard setback from 1.8
metres to 1.1 metres, to reducing the minimum size of a parking space from 5.7 metres
by 2.75 metres to 5.55 metres by 2.75 metres, and by increasing the total lot coverage
from 35% to 45%.
5.7 For the setbacks, the intent of interior side yard and rear yard setback reductions are to
ensure adequate building separation to accommodate adequate access, drainage,
maintenance and privacy. The proposed relief will serve to decrease the permitted
interior side yard setback from 1.8 metres to 0.6 metres, and the proposed relief for the
rear yard setback is from 1.8 metres to 1.1 metres.
5.8 The proposed variance also seeks to increase the maximum lot coverage from 35% to
45%. The intent of the maximum lot coverage provision is to limit the percentage of a
property that buildings and structures can occupy. Lot coverage regulations manage
neighbourhood density, ensure that adequate green space is maintained, and ensure
sufficient area remains for stormwater infiltration.
5.9 The subject lot is approximately 485 square metres in area. The existing single
detached dwelling occupies approximately 124 square metres, while the detached
garage, which is proposed to be converted into an additional dwelling unit, has a floor
area of approximately 44 square metres. The combined lot coverage of all structures on
the property is approximately 44.3%. As such, the applicant is requesting relief to permit
a maximum lot coverage of 45%.
5.10 The Development Engineering Division has advised that it has no concerns with the
proposal, provided that the existing grading and drainage patterns are not altered .
Municipality of Clarington
Committee of Adjustment
A-2026-0033 Page 7
5.11 For the proposed variance to reduce the minimum parking space requirements from 5.7
metres by 2.75 metres to 5.55 metres by 2.75 metres, the proposed parking space will
continue to function appropriately for typical passenger vehicles and is not expected to
negatively impact the usability of the parking area or create any adverse impacts on
surrounding properties. In the context of facilitat ing the conversion of the existing
detached garage to an additional dwelling unit, the variance maintains the general intent
and purpose of the Zoning By-law while supporting gentle residential intensification.
5.12 For the above stated reasons, it is Staff’s opinion that the proposal is in conformity with
the intent and purpose of Zoning by-law 84-63.
Desirable for the appropriate development or use of the land, building or structure
5.13 The permitted use for the subject property is permitted use for the subject property is
residential. The minor variances are to facilitate the creation of an additional dwelling
unit (ADU) in the existing detached accessory structure. Additionally, Staff do not
anticipate any negative impacts on the neighbourhood and are of the opinion that the
proposed development will improve the usability of the property for the current and
future owners while contributing to the housing and rental stock of the Municipality.
5.14 For the above stated reasons, it is Staff’s opinion that the proposal is desirable for the
development and use of land, building and structures.
Minor in Nature
5.15 In considering whether the relief sought is minor, Staff note that this test is not simply a
question of numbers. The principal consideration is that of the potential impact the
variance may have and whether that impact is minor or acceptable.
5.16 The proposed reductions to the interior side yard and rear yard setbacks are minimal.
Staff do not anticipate any adverse impacts on neighbouring properties, as the
Development Engineering Division has no objections to the requested variances and
have confirmed that grading and drainage are not concerning.
5.17 The proposed variance to increase the maximum lot coverage does not result in a
significant loss of outdoor amenity space for the owner and will not affect the
neighbouring properties.
5.18 Additionally, Staff are supportive of the requested reduction in the parking space length
from 5.7 metres to 5.55 metres, as the 0.15-metre reduction is minor and will not
materially affect the functionality of the parking space. The variance maintains adequate
on-site parking while facilitating the conversion of the existing detached garage into an
additional dwelling unit.
5.19 It is Staff’s opinion that the proposal is minor in nature as it does not significantly
change the use of the land, and it is a moderate increase to the permitted provisions of
the zoning by-law to allow.
Municipality of Clarington
Committee of Adjustment
A-2026-0033 Page 8
6. Conclusion
6.1 Given the above comments, staff recommend approval of the application for a Minor
Variance to convert an existing detached garage into an additional dwelling unit by
reducing the interior side yard setback from 1.8 metres to 0.6 metres, by reducing the
rear yard setback from 1.8 metres to 1.1 metres, by reducing the minimum size of a
parking space from 5.7 metres by 2.75 metres to 5.55 metres by 2.75 metres, and by
increasing the total lot coverage from 35% to 45%.
Submitted by:
Nicklaus Gibson
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: Nicklaus Gibson, Planner I, 905-623-3379 ext. 2408 or NGibson@clarington.net
Attachments
Attachment 1: Site Plan
Attachment 2: Development Engineering Comments
Attachment 3: Emergency and Fire Services 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.
The purpose of the application is: A minor variance application to convert an
existing detached garage into an additional dwelling unit by :
• reducing the interior side yard setback from 1.8 metres to 0.6 metres,
• reducing the rear yard setback from 1.8 metres to 1.1 metres,
• reducing the minimum size of a parking space from 5.7 metres by 2.75
metres to 5.55 metres by 2.75 metres,
• increasing the total lot coverage from 35% to 45%.
Development Engineering has reviewed the above-noted application and have no
objections to the proposal.
If you have any questions regarding the above-noted comments, please contact
Julia Antonova, Planning and Infrastructure Services Department.
Karen Richardson, P.Eng.
Manager of Development Engineering
KR/JA
To: Nicklaus Gibson, Planner I
From: Karen Richardson, Manager of Development Engineering, Planning
and Infrastructure Services Department
Date: July 28, 2026
Subject: Minor Variance Application A2026-0033
File: Applicant: Benan Hanoudi
Address:12 Fourth Street, Bowmanville
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: Jul 24, 2026
Subject: EFS Review Complete
File: A-2026-0033
Planning and Infrastructure Services
Committee of Adjustment
Minor Variance
Summary of Comments Submitted
A2026-0034
222 King Street East
Municipal Departments / External Agencies Comment
Clarington Building Division No concerns
Clarington Development Engineering Division See attachment
Clarington Fire and Emergency Services Department No concerns
Durham Region Works Department No concerns
Municipality of Clarington
Committee of Adjustment
A2025-0034 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: August 27, 2026
File Number: A-2026-0034
Address: 222 King Street East
Report Subject: A minor variance application to facilitate the parking space ratio minimum
to be reduced from 1 parking space for every 40 square metres of gross
floor area of a building containing medical offices, dental offices,
professional offices, retail and/or service uses to 1 parking space for every
41.5 square metres of gross floor area of a building containing medical
offices, dental offices, professional offices, retail and/or service uses.
Recommendations:
1. That the Report for Minor Variance Application A2026-0034 be received;
1.1. That all written comments and verbal submissions are considered in the deliberation
of this application;
1.2. That application A2026-0034, for a Minor Variance to Section 16.5.47.c. by
permitting the parking space ratio minimum to be reduced from 1 parking space for
every 40 square metres of gross floor area of a building containing medical offices,
dental offices, professional offices, retail and/or service uses to 1 parking space for
every 41.5 square metres of gross floor area of a building containing medical offices,
dental offices, professional offices, retail and/or service uses, be approved, subject
to the following condition:
a. That the applicant submit a revised Traffic Brief that includes an appropriate
justification in support of the proposed parking deficiency, including proxy sites,
to the satisfaction of the Deputy CAO of Planning and Infrastructure,
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.
1.3. That all interested parties listed in this report be forwarded a copy of the
Committee’s decision.
Municipality of Clarington
Committee of Adjustment
A2025-0034 Page 3
1. Application Details
1.1 Owner: Bowmanville Professional Building Limited c/o., Lagitha
Sivakumaran
1.2 Applicant: Barry Brian Associates c/o., Nick Swerdfeger
1.3 Proposal: A minor variance application to permit relief from Section
16.5.47.c. by permitting the parking space ratio minimum to be
reduced from 1 parking space for every 40 square metres of
gross floor area of a building containing medical offices, dental
offices, professional offices, retail and/or service uses to 1
parking space for every 41.5 square metres of gross floor area
of a building containing medical offices, dental offices,
professional offices, retail and/or service uses,
1.4 Area of Lot: 1.2585 hectares
1.5 Location: East Bowmanville at the northeasterly corner of the
intersection at King Street and Saint George Avenue.
1.6 Zoning: General Commercial Exception (C1-47) Zone
1.7 Clarington Official
Plan Designation:
Urban Centre (Envision Durham designates employment area)
1.8 Secondary Plan
Designation:
Bowmanville East Town Centre Secondary Plan (Street
Related Commercial)
1.9 Heritage Status: N/A
1.10 Water, Sewage and
Storm Servicing:
Municipal
Municipality of Clarington
Committee of Adjustment
A2025-0034 Page 4
Figure 1: Property Location Map
Municipality of Clarington
Committee of Adjustment
A2025-0034 Page 5
2. Background
2.1 A pre-consultation meeting with Municipality of Clarington Staff and agencies was held on
November 29, 2023, with the owner, applicant, and their additional consultants at Lawson
Gay Company to discuss the proposed development.
2.2 In September 2024, Barry Bryan Associates c/o. Nick Swerdfeger submitted a Consent
application in order to facilitate a lot line adjustment to amalgamate the land from behind
246 King Street East to 222 King Street East for additional parking. After progressing the
Site Plan Approval application and working with Staff, the application was presented and
passed at the January 2025 Committee of Adjustment meeting.
2.3 On October 24, 2024, Barry Bryan Associates c/o. Nick Swerdfeger submitted a Site Plan
Approval application for a proposed 2-Storey 680m² MRI / CT Clinic and 84-space
parking lot expansion to Bowmanville Health Centre. The application was deemed
complete and circulated for review and comments on October 31, 2024.
2.4 Given the delay in the Ministry of Health funding, the owner decided to proceed with the
new parking areas and entry/exit from King Street East only. They received conditional
site plan approval on June 13, 2025, for the expansion of the parking lot area.
2.5 From September 2025 to April 2026 the owner, and applicant worked with Staff and the
Bowmanville Medical Centre Board on a new proposal for the MRI / CT Clinic.
2.6 On May 8, 2026, the applicant submitted a Zoning By-law Amendment application to
facilitate the proposed development. The Zoning By-law Amendment application
proposes to facilitate the development of a new four-storey medical clinic building at 222
King Street East in Bowmanville. The proposed zoning does not seek to change the
existing use of the land but rather seeks to permit a four-storey building instead of the
currently permitted three-storey building as well as to facilitate adjustments to the required
side yard setbacks.
2.7 The new four storey building is to be located North of the North Wing along the St.
George Street North frontage, just North of the existing two-way controlled access, which
is currently being used as parking for the facility. The building will measure app roximately
22.2 metres wide and approximately 29.0 metres deep with a total area of approximately
2,400 square metres.
2.8 On June 22, 2026 Council approved the Zoning By-law Amendment, and the necessary
Holding (H) provision were added to the site-specific zoning and will be removed once the
applicant enters into a Site Plan Agreement and all the conditions are satisfied .
2.9 As this proposed development continues to evolve, the new medical clinic will now have
oxygen supply tanks, a transformer, and generator located northeast of the building which
has impacted the required parking ratio.
2.10 Therefore, the applicant submitted a minor variance on July 14, 2026. The minor variance
application seeks to permit the parking space ratio minimum to be reduced from 1 parking
space for every 40 square metres of gross floor area of a building containing medical
offices, dental offices, professional offices, retail and/or service uses to 1 parking space
Municipality of Clarington
Committee of Adjustment
A2025-0034 Page 6
for every 41.5 square metres of gross floor area of a building containing medical offices,
dental offices, professional offices, retail and/or service uses (See Attachment 1).
Processing Applications Under the Bowmanville East Urban Centre Secondary Plan
2.11 The development is proposed to align with the policies outlined within the Bowmanville
East Urban Centre Secondary Plan. Official Plan Amendment 136, (OPA 136) which
would replace the Bowmanville East Town Centre Secondary Plan with the Bowmanville
East Urban Centre Secondary Plan, is currently under appeal. Because the Bowmanville
East Urban Centre Secondary Plan is under appeal, the Bowmanville Town Centre
Secondary Plan is the Secondary Plan in full force and effect.
2.12 The Bowmanville East Urban Centre Secondary Plan was approved by Clarington
Council on January 27, 2025. Section 24(2) of the Planning Act states: “if a council or a
planning board has adopted an amendment to an official plan, the council of any
municipality of the planning board of any planning area to which the plan of any part of
the plan applies may, before the amendment to the official plan comes into effect, pass a
by-law that does not conform with the official plan but will conform with it if the
amendment comes into effect”.
2.13 Section 24(4) of the Planning Act outlines that a by-law passed under section 34 by the
council of a municipality or a planning board in a planning area in which an official plan is
in effect and an appeal is withdrawn of dismissed or the by-law is amended by the
Tribunal or as directed by the Tribunal, the by-law shall be conclusively deemed to be in
conformity with the official plan on and after the day the by -law was passed, if the
amendment to the official plan comes into effect.
2.14 It is the legal opinion of Clarington’s Solicitor that as Clarington Council approved the
Bowmanville East Urban Centre Secondary Plan on January 27, 2025, applications can
be processed under the policies of the appealed Secondary Plan. While a minor varian ce
is not a by-law and is not passed by Clarington Council, an application for Minor Variance
can be processed under an appealed Secondary Plan. Therefore, any proposed Minor
Variance must maintain the general intent and purpose of the Clarington Official Plan,
including the Bowmanville East Urban Centre Secondary Plan that was approved by
Clarington Council.
2.15 As the Bowmanville East Town Centre Secondary Plan is the secondary plan in full force
and effect, the application shall have regard to the policies in both the Bowmanville East
Town Centre Secondary Plan and Bowmanville East Urban Centre Secondary Plan.
3. Land Characteristics and Surrounding Uses
3.1 The subject lands are located on the north side of King Street East, east of Liberty Street
North. The lands are centrally located in the Urban Area of Bowmanville (see Figure 1).
3.2 The subject property has an approximate area of 1.25 hectares (3.11 acres) and is
surrounding by existing commercial, personal service shops, restaurants, major retail and
businesses lining both sides of King Street East near the property.
Municipality of Clarington
Committee of Adjustment
A2025-0034 Page 7
Building heights range from one storey up to five storeys in height for the rental apartment
building located at 252 King Street East, which is within close proximity to the East of the
property.
3.3 The surrounding uses are as follows:
North: To the north of the subject site there is an open field, with mature vegetation and
a designated heritage tree known as the Fletcher Tree.
East: Commercial building heights are predominantly one storey directly surrounding
the property except for the commercial office building located immediately east
which is two storeys in height.
South: South of the subject site, on the south side of King Street East there are existing
commercial plazas. Further south there is a low-density residential
neighbourhood consisting of single detached houses.
West: To the west of the site there are existing commercial buildings, residential
dwellings and further west is Vincent Massey Public School.
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.
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 Urban Centre within Clarington’s Official Plan.
5.2 The Urban Centre is intended to have the main concentration of activity, which includes
providing an array of retail and personal service, and office uses, to achieve transit-
oriented development and reinforce the objective of achieving a diverse mix of land uses.
5.3 The Urban Centre designation permits the proposed medical, dental, and professional
offices uses as well as the proposed retail and/or service uses.
5.4 The provision of adequate off-street parking is required for all new developments. The
Official Plan allows for the Municipality to limit the number of parking spaces for a
development based on transit service and opportunities for shared parking. To minim ize
land consumption, the Official Plan encourages shared parking, parking structures, below
grade parking, and active transit infrastructure.
5.5 The requested parking reduction reflects the Official Plan's direction to consider
opportunities for shared parking and more efficient use of land. By limiting the amount of
Municipality of Clarington
Committee of Adjustment
A2025-0034 Page 8
land devoted to surface parking, the proposal supports a compact urban form while
continuing to provide parking to serve the development.
5.6 Within the Bowmanville East Urban Centre Secondary Plan, the subject lands are
designated “Mixed Use Area” and are located within the East Business District Character
Area. In addition to being a permitted use, the proposed development contributes to the
objectives of the Mixed Use Area designation by introducing employment and service-
based uses within a designated growth area. The proposal supports the creation of a
compact, mixed-use environment and represents an efficient use of serviced urban land .
5.7 The “Mixed Use Area” land use designation allows for the greatest mix of uses including
residential, office, retail, personal service, cultural, community, and institutional uses. The
proposed medical office building is permitted within the “Mixed Use Area” land use
designation. More specifically, section 5.3.5 lists the permitted uses for this designation
and specifically lists “Office uses, including professional and medical offices”, and
“Commercial uses including retail stores, restaurants, and personal service uses” as
permitted uses within the designation.
5.8 Within the Bowmanville East Town Centre Secondary Plan, the subject lands are
designated “Street-related Commercial Area”.
5.9 The “Street-related Commercial Area” permits for retail, service, and office uses. Further,
the designation specifically encourages the improvement of parking supply in the area.
While the Secondary Plan encourages improvements to parking supply within the area,
Staff is satisfied that the proposed parking arrangement is appropriate for the intended
use and will continue to support the functionality of the development without creat ing
adverse impacts on the surrounding area.
5.10 Staff is of the opinion that the proposal maintains the general intent and purpose of the
Official Plan. The proposed development provides permitted medical office and
commercial uses within the Urban Centre and supports the objectives of intensification,
mixed-use development, and efficient use of serviced urban land. Further, the requested
parking variance is consistent with Official Plan policies that contemplate flexibility in
parking supply and encourage efficient land utilization. The proposal continu es to support
the planned function of the Mixed-Use Area and East Business District Character Area.
Maintain the general intent and purpose of the Zoning By-law
5.11 The subject property is zoned General Commercial (C1-47) with an exception within
Zoning By-Law 84-63.
5.12 The requested variance is to reduce the minimum parking ratio from 1 parking spaces per
40 square metres of gross floor area to 1 parking space per 41.5 square metres of gross
floor area.
5.13 The intent of the parking provisions within Zoning By-law 84-63 is to ensure that an
adequate supply of on-site parking is provided to accommodate the anticipated demand
generated by the proposed development, while supporting the safe and efficient operation
of the site and minimizing impacts on adjacent properties and the surrounding road
network. The proposed reduction represents a minor decrease in the required parking
Municipality of Clarington
Committee of Adjustment
A2025-0034 Page 9
supply and results in a negligible difference in the total number of parking spaces required
for the development.
5.14 The proposed development continues to provide a substantial amount of on -site parking,
including 84 new parking spaces behind the former Home Hardware site. Staff are thus
satisfied that the parking supply is sufficient to accommodate the expected parking
demand associated with the proposed medical clinic expansion.
5.15 Clarington’s Development Engineering Division has reviewed the application and has no
objections to the proposal subject to the owner revising the Traffic Brief prepared by
Paradigm, dated October 2024, to address the proposed parking deficiency , including
providing proxy sites. The overall site functionality will be reviewed and addressed as part
of the Site Plan Approval application process. As such, Staff recommend that the
approval for this application be provided based on a condition that will require the
applicant to submit a revised Traffic Brief to the satisfaction of the Deputy CAO of
Planning and Infrastructure. The applicant is aware that the owner will need to commit to
adding 10 additional spots to their site plan.
5.16 Given the modest nature of the reduction and the availability of adequate parking on -site,
the proposed variance continues to achieve the objective of the parking regulations. Staff
are therefore of the opinion that the requested relief maintains the gener al intent and
purpose of Zoning By-law 84-63.
Desirable for the appropriate development or use of the land, building or structure
5.17 The permitted use for the subject property is a medical or dental clinic, and any
complimentary professional office, retail and/or service uses subject to the applicable
provisions. The subject property is currently occupied by the Bowmanville Medical Clinic,
an established medical facility that provides important healthcare services to the
community.
5.18 The requested variance represents a minor reduction in the required parking supply and
will facilitate the continued occupancy and operation of the existing commercial building
containing medical office, dental office, professional office, retail, and service uses. The
proposed parking rate will continue to provide an adequate supply of on -site parking for
employees and visitors while supporting the efficient use of the property.
5.19 The reduction recognizes the established nature of the development and the shared
parking characteristics of the tenant mix, where peak parking demands may occur at
different times throughout the day. The requested relief does not alter the permitted uses,
expand the building envelope, or impact the character of the surrounding area.
Furthermore, staff are satisfied that the variance will not create adverse parking impacts
on adjacent properties or the municipal road network.
5.20 Accordingly, the variance is considered desirable for the development and use of land,
building and structures as it facilitates the appropriate use of the existing building while
maintaining the overall functionality of the site and supporting the continued provision of
commercial and professional services within the community.
Minor in Nature
Municipality of Clarington
Committee of Adjustment
A2025-0034 Page 10
5.21 The request minor variance to reduce the minimum parking ratio from 1 parking space per
40 square metres of gross floor area to 1 parking space per 41.5 square metres of gross
floor area is considered to be minor in nature represents a modest reduction in the
required parking supply and does not result in a significant change to the overall parking
function of the site. The proposed reduction is limited in scope and is not anticipated to
adversely affect the adequacy of parking available to serve the permitted medical offic e,
dental office, professional office, retail and service uses.
5.22 The subject property currently contains a substantial supply of parking spaces, and the
requested relief facilitates a minor increase in gross floor area while maintaining an
appropriate level of parking to accommodate anticipated parking demand. Given the small
numerical difference between the required and proposed parking ratios, the variance is
not expected to result in parking deficiencies, traffic impacts, or adverse effects on
adjacent properties.
5.23 It is Staff’s opinion that the proposal is minor in nature as it does not have a negative
impact on the neighbourhood or land, and it is a moderate decrease to the permitted
provisions of Zoning By-law 84-63.
6.Conclusion
6.1 Based on Staff’s review of the requested Minor Variances, the application maintains the
general intent and purpose of the Clarington Official Plan, maintains the general intent
and purpose of the Zoning By-law, is desirable for the appropriate development or use of
land, and is deemed to be minor in nature.
6.2 Given the above comments, Staff recommends that application A-2026-0034, for a Minor
Variance to reduce the required parking from 1 parking space for every 40 square metres
of gross floor area of a building containing medical offices, dental offices, professional
offices, retail and/or service uses to 1 parking space for every 41.5 square metres of
gross floor area of a building containing medical offices, dental offices, professional
offices, retail and/or service uses be approved, subject to the following condition:
a.That the applicant submit a revised Traffic Brief that includes an appropriate
justification in support of the proposed parking deficiency, including proxy sites, to the
satisfaction of the Deputy CAO of Planning and Infrastructure,
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 minor in nature.
Submitted by:
Sarah Gattie
Secretary-Treasurer
Committee of Adjustment at the Municipality of Clarington
Municipality of Clarington
Committee of Adjustment
A2025-0034 Page 11
Concurrence:
This report has been reviewed by Andrew Payne, MCIP, RPP, Principal Planner, who concurs
with the recommendations.
Staff Contact: Andrew Payne, Principal Planner, (905) 623-3379 x2432 or
apayne@clarington.net.
Attachments
Attachment 1: Proposed Site Plan
Attachment 2: Clarington Development Engineering Comments
Attachment 3: Clarington Fire & Emergency Services Comments
Attachment 4: Durham Region Works Department Comments
Interested Parties
List of Interested Parties available from Department.
NORT
H
EXISTING
BUILDING
EXISTING 3 STORE
Y
MEDICAL BUILDING
(WEST WING)
EXISTING 3 STORE
Y
MEDICAL BUILDING
(NORTH WING)
(805.61 m
2)
(751.08 m
2)
234 King Street E.
EXISTING 2.5 STOR
E
Y
MEDICAL BUILDING
(EAST WING)
(679.6 m
2)
EXISTING
BUILDING
246 King Street E.
EXISTING
BUILDING
240 King Street E.
OVERFLOW
PARKING LOT
(25 SPACES)
87 NEW SPACES
NEW 4 STOREY
MEDICAL BUILDING
SITE STATISTICS
1:400
OVERALL SITE PLAN
PROJECT NO:DRAWING NO:
SCALE:
DATE:
DRAWING:
PROJECT:
DRAWINGS ARE NOT TO BE USED FOR CONSTRUCTION UNTIL SIGNED
UPON REQUEST. REPRODUCTION OF DRAWINGS IN PART OR WHOLE
COPYRIGHT PROPERTY OF THE CONSULTANT AND MUST BE RETURNED
ALL DRAWINGS, SPECIFICATIONS AND RELATED DOCUMENTS ARE THE
AND SEALED BY THE CONSULTANT.
WITHOUT THE PERMISSION OF THE CONSULTANT IS FORBIDDEN.
CHECK AND VERIFY ALL DIMENSIONS AT THE SITE.
ISSUES/ REVISIONSNO.DATE BY
CHECKED BY:
DRAWN BY:
DESIGN BY:SEAL:
DO NOT SCALE THE DRAWINGS.
26018
BOWMANVILLE HEALTH CLINIC
CT & RADIOLOGY CLINIC
4 STOREY BUILDING EXPANSION
222 KING STREET EAST
BOWMANVILLE, ONTARIO
BOWMANVILLE PROFESSIONAL BUILDING LTD.
A101
BBA
BBA
SEPT. 2024
1:300
OVERALL SITE PLAN
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.
A minor variance application to facilitate a new 4-storey medical clinic building by
reducing the number of required parking spaces as per S. 3.16(a) of Zoning By -
law 84-63 from 260 to 250 spaces.
Development Engineering has reviewed the above-noted application and have no
objections to the proposal subject to the following comments:
The applicant is required to revise the Traffic Brief prepared by Paradigm, dated
October 2024, to address the proposed parking deficiency. The revised
submission shall include an appropriate justification in support of the proposed
parking deficiency, including proxy sites.
If you have any questions regarding the above-noted comments, please contact
Julia Antonova, Planning and Infrastructure Services Department.
Karen Richardson, P.Eng.
Manager of Development Engineering
KR/JA
To: Sarah Gattie. Principal Planner
From: Karen Richardson, Manager of Development Engineering
Date: July 28, 2026.
Subject: Minor Variance Application A2026-0034
File: Applicant: Barry Bryan Associates c/o., Nicholas Swerdfeger
Address:222 King Street East
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: Jul 24, 2026
Subject: EFS Review Complete
File: A-2026-0034
From: Grant Young <Grant.Young@durham.ca>
Sent: August 18, 2026 2:12 PM
To: Committee of Adjustment (SM) <CofA@clarington.net>
Subject: 2026-C-Misc35 (A-2026-0034)- 222 King Street E - Regional Works Comments
EXTERNAL
Hello,
Regional Works has reviewed the above noted MVA 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