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Report To: General Government Committee
Date of Meeting: November 3, 2025 Report Number: LGS-041-25
Authored by: Colin Lyon, Associate Solicitor
Submitted By: Rob Maciver, Deputy CAO/Solicitor, Legislative Services
Reviewed By: Mary-Anne Dempster, CAO
By-law Number: Resolution Number:
File Number: L4000-10-129E
Report Subject: Outline of Access at 0 Cole Road
Recommendation:
1.That Report LGS-041-25, and any related delegations or communication items, be
received for information.
GG-177-25
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Report LGS-041-25
Report Overview
Council’s consideration on the road access
1. Background
1.1 At the June 16, 2025, Planning and Development Committee meeting, the owner of 0
Cole Road (outlined in teal, below) delegated to Council regarding the difficulty of
obtaining a building permit given that the property fronts on an unopened road
allowance (shown in red, below).
1.2 As a result of this delegation and discussion, Council resolution PD-058-25 was
approved requesting staff report back to Council outlining Council Policy CP-004 Road
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Report LGS-041-25
Closure and Conveyance (Attachment 1), clarifying the steps to convey an unopened
road allowance and its relationship to the issue brought forward by the delegant .
1.3 Staff brought report LGS-036-25 to Planning and Development Committee on October
20, 2025 to provide additional information on Council Policy CP-004 and its relationship
to the delegant. The delegant provided a new delegation at the October 27, 2025
Council meeting, and Council deferred further consideration of the matter to the
November 3, 2025 General Government Committee meeting.
1.4 This report addresses the issues and questions raised or outstanding as of the October
27, 2025 Council meeting.
2. Discussion
Building Permit Access Requirements in Zoning By-law 84-63
2.1 Although the delegant’s original delegation to Council concerned a transfer of rights
over the road allowance, staff understand his underlying concern to be the ability to
obtain a building permit to construct a principal dwelling on the property.
2.2 Section 8.3 of Zoning By-law 84-63 (the “Zoning By-law”) sets out requirements for
maintained road frontage to obtain a building permit. The section reads as follows:
3.8 Frontage on Improved Public Street, Unassumed Road and Private Right-
of-Way
a. Improved Public Street
No building or structure shall be erected in any Zone, unless the lot fronts
upon an improved public street, maintained year round.
b. Unassumed Street
Buildings or structures are permitted on an unassumed street provided
they are on a lot in a Registered Plan of Subdivision.
c. Private Right-of-Way
i) A building or structure constructed prior to the date of the passing
of this By-law that is not located on an improved public street, or is
located on a private right-of-way, may be enlarged, altered or
renovated and an accessory structure may be constructed,
provided the use is permitted in the zone in which it is located.
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Report LGS-041-25
ii) A building permit may be issued for a lot created prior to the date of
the passing of this By-law for a lot that has access to a private right-
of-way provided the use is permitted in the zone in which it is
located.
d. Private Street
A building or structure may be permitted on a lot which has frontage on a
Private Street where such Private Street existed at the date of passage of
this by-law, or where such street is shown on a site plan approved under
the Planning Act
2.3 The delegant’s property does not meet the requirements in section 3.8 of the Zoning By-
law.
Possible Methods for the Delegant to Comply with section 3.8 Requirements
2.4 The delegant has, at present, made no formal applications that are under consideration
by staff relating to his property.
2.5 Possible methods for the delegant to comply with the requirements of section 3.8 of the
Zoning By-law are:
2.5.1. Obtain a private right-of-way from a neighbour to comply with section 3.8(c)(ii).
2.5.2. Make an application under Council Policy CP-004 Road Closure and
Conveyance to purchase the road allowance to comply with section 3.8(a).
2.5.3. Apply for a site specific Zoning By-law Amendment to remove the requirements
in section 3.8 from his property, as discussed below.
2.6 If one or more applications are made by the delegant, staff will consider them in
accordance with the established processes for those types of applications.
Obtaining an Exemption from the Requirements of section 3.8
2.7 The requirements that have been discussed in this report are contained in Clarington’s
Zoning By-law. Accordingly, the delegant could make an application for a site specific
Zoning By-law Amendment to remove the requirements contained in section 3.8 from
applying to his property.
2.8 The Municipality has an established process for Zoning By-law Amendment applications
and would consider an application from the delegant in accordance with that process.
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Report LGS-041-25
Previous Building and Zoning Compliance Letter
2.9 Prior to purchasing the property in 2021, the delegant requested and was provided a
building and zoning compliance letter from the Municipality (Attachment 1).
2.10 The letter informed the delegant that:
2.10.1. the structure on the property was built without a permit;
2.10.2. the structure appeared to be an accessory structure which is not permitted
without a principal dwelling; and
2.10.3. “a building permit cannot be issued as the property do es not have access
to an open and Municipally maintained road ”.
2.11 The delegant was therefore well aware of the inability to obtain a building permit prior to
choosing to purchase the property in 2021.
The Delegant’s Driveway and House
2.12 During the delegant’s delegation to Council on October 27, 2025, he requested that
Council grandfather his driveway.
2.13 Section 3.8 of the Zoning By-law does not speak to driveway requirements, nor is there
currently any action by the Municipality to restrict the delegant from making use of any
existing driveway on his property for access. Accordingly, grandfathering the delegant’s
driveway would not assist him in obtaining a building permit.
2.14 During the delegant’s delegation, he also told Council that he has an existing house on
the property, which he represented should also be grandfathered. Staff had seen no
evidence of a house from satellite images, and were only aware of the accessory
structure that was built without a building permit.
2.15 Municipal Law Enforcement attended the property on October 29, 2025 to review the
evidence of a structure built without a building permit, and located the structure in
question (Attachment 2). This structure appears to be a storage building. No evidence
of a house was discovered by Municipal Law Enforcement staff at that time, including at
the location where the delegant had told staff the house was located (Attachment 3).
Next Steps
2.16 Staff recommend that the delegant obtain advice from his own legal or planning
professionals before undertaking any of the possible actions set out in this report. The
information in this report is intended to inform Council and is not intended to be advice
to the delegant.
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Report LGS-041-25
3. Financial Considerations
Not Applicable.
4. Strategic Plan
Not Applicable.
5. Climate Change
Not Applicable.
6. Concurrence
This report has been reviewed by the Deputy CAO/Planning and Infrastructure who
concurs with the recommendation.
7. Conclusion
It is respectfully recommended that Report LGS-041-25, and any related delegations or
communication items, be received for information.
Staff Contact: Colin Lyon, Associate Solicitor, CLyon@clarington.net.
Attachments:
Attachment 1 – Building and Zoning Compliance Letter Z21-0024
Attachment 2 – Photograph of Accessory Structure
Attachment 3 – Photographs of the Property Where a Principal Dwelling was Alleged to Exist
Interested Parties:
The following interested parties will be notified of Council's decision:
Venizelos (Benny) Skouros
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
Z21-0024
March 4, 2021
Via email:
Re: 0 Cole Road Clarington, Your File No.:
Within Zoning By-law 84-63, as amended, of the Municipality of Clarington, the subject
property (Roll Number: 181701011000420) is zoned "Agricultural Exception (A -1) and
Environmental Protection (EP)". A building exists on the north end of the property and is
within the “EP” zoned lands, where buildings are prohibited.
Clarington Planning and Development Services Department, Building Division, informs us
that, as of March 3, 2021, the building on the property was built without a permit. The
building appears to be an accessory structure or farm related building. A buildin g is not
permitted without a principal dwelling or farm use on a property. Furthermore, a building
permit cannot be issued as the property does not have access to an open and Municipally
maintained road.
In addition, the Building Division, informs us that to the best of their knowledge, as of March
3, 2021, there were no outstanding Stop Work Orders against the construction of this
building at this time. However, due to the existing non -compliant building on the property,
an Order to Comply was issued for the construction of this building on March 4, 2021. For
more information, please contact Brent Rice, Chief Building Official, at (905) 623 -3379 ext.
2303 or brice@clarington.net
At this time, since a survey showing the lot and existing building(s) was not provided we are
unable to give a complete zoning clearance for this property at this time. We suggest you
review the provisions of By-law 84-63, as amended, of the Municipality of Clarington to
satisfy yourself that any existing or proposed uses of the lot will con form therewith.
The Clarington Legislative Services Department, Municipal Law Enforcement Division,
informs us that, to the best of their knowledge, as of February 26, 2021, there are no
outstanding notices or orders against the building or property.
Please be advised that this letter does not constitute a certificate issued pursuant to By -
law 2007-070, being a by-law prescribing standards for property maintenance and
occupancy.
Yours truly,
Aibelle Babista, Planner I
Development Review Branch
*av
Attachment 1 to Report LGS-041-25
Attachment 2 to Report LGS-041-25
Attachment 3 to Report LGS-041-25