MINUTES
LAND DIVISION COMMITTEE
November 14, 2006
A meeting was held at the County Building at 9:00 a.m. on the above date.
Present
Chair Wm. Bilton, Warden Jim Burns. Member: B. MacDougall. Also present were Deputy-Secretary-Treasurer M. Pauschenwein, Planner W. Nywening and Private Sewage System Coordinator C. Nauta.
Absent
None.
Application B-009/06 Garry & Heather Straatman
Concession 14, Part Lot 8
6941 Churchill Line
Township of Brooke-Alvinston
The applicants proposed to sever a 0.8 ha (2 acre) lot having 285’ (85.5m) of frontage and containing a dwelling. The retained farm parcel would be 137 acres (55ha) and contain two existing barns and several grain bins.
Attending the meeting were Garry and Heather Straatman, Brooke-Alvinston Councillors Allan McNeil and Ed Molzan.
Mr. Straatman explained that he and his family had moved onto the family farm five years ago making the dwelling which is the subject of the application surplus to his needs. The property was purchased in 1981. He lived there from 1987 to 2000. The house has been appraised and is worth about $150,000. The tenant wishes to purchase the house. He also said that he needed the severance for financial reasons.
The planner read his report which stated that the property is designated “Rural Area” in the Brooke-Alvinston Official Plan with a “Significant Woodlot” located at rear, unaffected portions of the lot. The corresponding Zoning in the Township’s Zoning By-law is “Agriculture (A1)” and “Environmental Protection – Woodlot (EP-WD)”. The Township’s Official Plan was amended by OPA # 1 to permit the severance of dwellings rendered surplus as a result of farm consolidation, meaning the acquisition of additional farm parcels to be operated as one farm operation. His report also stated that relevant conditions include that the retained farm must be rezoned to prohibit the erection of a house, that there have been no previous residential severances from the farm as it existed in 1971 and that the lot is in compliance with Minimum Distance Separation (MDS) requirements.
The County Official Plan also prohibits more than one surplus dwelling severance per original farm lot. The planning report also stated that the proposed lot does not meet MDS1 from a barn on 6930 Churchill Line to the north and to a second barn – the more southerly of the two barns on the retained lot.
A letter was read from the Township of Brooke-Alvinston stating that there was no objection to the application by a motion with a recorded vote. The letter also stated that Councillor Douglas requested that it be noted in this letter that the proposed severance is in direct contravention to Official Plan Amendment #1 as approved by the Council of the Township of Brooke-Alvinston.
Councillors McNeil and Molzan appeared in support of the application.
Burns/MacDougall: That Application B-009/06 be approved with the following conditions:
1. That a copy of the deed and R.D. Plan or survey in a form suitable for registration be deposited with the Secretary-Treasurer.
3. That all conditions be fulfilled within one year of the notice of decision of this consent. That the certificate of consent required by Section 53(42) of the Planning Act, be obtained within one year of the notice of decision of this consent. The County will endeavour to send the applicant a reminder that the Provisional Consent is approaching its lapsing date. However, each applicant is responsible for ensuring that the Provisional consent does not lapse. If the Provisional Consent does lapse (meaning the deeds have not been stamped within one year of the notice of decision of the consent), a new application will be required. There is no provision in the Planning Act for extensions to Provisional Consents.
4. That the applicant enter into an agreement with the Township of Brooke-Alvinston for the apportionment of drainage assessments on the involved properties.
6. That, if either the severed or retained portion does not have an access culvert after the consent, then the applicants are responsible for the cost of the Township of Brooke-Alvinston providing such access.
7. That the applicants obtain a Zoning By-law amendment for the retained parcel from the Township of Brooke-Alvinston to prohibit the erection of a new residential dwelling.
8. That a minor variance be obtained for the Minimum Distance Separation 1.
9. That the lot size be increased to .8 ha (2 acres).
10. That a 50 square metre contingency area for a replacement septic system be demonstrated by a lot diagram to the satisfaction of the County Private Sewage System Coordinator, including all structures on the property with distances noted as well.
11. That the applicant demonstrate to the satisfaction of the County Private Sewage System Coordinator that the septic system is wholly contained within the lot.
12. That a "Notice of Advisory" be registered on title reflecting the served/contingency area.
Carried.
Application B-010/06 McKenzie Lake a/f Caldwell Place Limited
Concession 5 SER, South ½ Lot 17
Township of Warwick
The applicant proposes to sever a 7.79 acre (3.2ha) lot containing no buildings and having no frontage on a street. The retained farm parcel would consist of approximately 28 ha (69 acres) north of the CN Railway and 15 ha (38 acres) south of the CNR. The portion north of the CNR contains an old farmstead and gains access from the end of St. Clair St. in Watford. The portion south of the CNR is landlocked, contains no buildings and is largely woodlot. The proposed severed lot would be used in conjunction with the existing roof truss manufacturing plant on the abutting lands to the east.
Attending the meeting was Mr. Lindsey Elwood of McKenzie Lake Lawyers. Mr. Elwood explained that the proposed severed portion would be added to the lands occupied by Watford Roof Truss and owned by Nauvoo Investments Limited. Applications for rezoning and official plan amendment have also been submitted. Mr. Elwood stated that there are no buildings proposed for the property.
The planning report was read which stated that the property is designated “Agriculture” in the Warwick Official Plan with a “Significant Woodlot” located on the majority of the portions south of the CNR. The corresponding Zoning in the Township’s Zoning By-law is “Agricultural (A2)” and “Environmental Protection – Woodlot (EP-WD)”. The proposed parcel is landlocked and must be merged with the existing roof truss lands if it is to have frontage on a street and access to roads and services. The planning report has no objection to the approval of the consent subject to conditions.
MacDougall/Burns: That Application B-010/06 be approved with conditions:
Conditions:
1. That a copy of the deed and R.D. Plan or survey in a form suitable for registration be deposited with the Secretary-Treasurer.
3. That all conditions be fulfilled within one year of the notice of decision of this consent. That the certificate of consent required by Section 53(42) of the Planning Act, be obtained within one year of the notice of decision of this consent. The County will endeavour to send the applicant a reminder that the Provisional Consent is approaching its lapsing date. However, each applicant is responsible for ensuring that the Provisional consent does not lapse. If the Provisional Consent does lapse (meaning the deeds have not been stamped within one year of the notice of decision of the consent), a new application will be required. There is no provision in the Planning Act for extensions to Provisional Consents.
4. That the applicant enter into an agreement with the Township of Warwick for the apportionment of drainage assessments on the involved properties.
5. That the applicant enter into a site plan or development agreement with and to the satisfaction of the Township of Warwick, if the Township so requires.
6. That Official Plan and Zoning amendments appropriate for an industrial use be obtained on the severed lands.
7. That the severed lands be merged with and registered in the same name and interest as the lands to which they are being added and that Section 50(3) apply to any future conveyances or transactions with respect to the severed lands.
8. That a site specific zoning amendment or minor variance be obtained for the lot size of the retained lands.
Carried.
Adjournment
The Chair declared the meeting adjourned sine die.
Time: 10:45 a.m.
William Bilton
Chair
Madeline Pauschenwein
Deputy-Secretary-Treasurer