Notice of Decision - MV11-2021 - 70618 Elimville Line

Feedback

The Corporation of the Municipality of South Huron

Notice of Decision of Committee of Adjustment

Pursuant to Section 45 of The Planning Act, R.S.O. 1990

 

Re:     Minor Variance Application File #:      MV11-2021

Location:     CON 7 PT LOT 13 S PT LOT 14 (70618 ELIMVILLE LINE)

Applicant:    Colleen Kerslake

Owner:         Colleen Kerslake

__________________________________________________________________________

Please be advised that the Municipality of South Huron Committee of Adjustment made a decision to approve the above noted minor variance application at the public meeting held on the 9th day of August, 2021 in the Municipality of South Huron Council Chambers, 322 Main Street South Exeter. A certified copy of the decision of the Committee of Adjustment is attached. This notice was circulated out on the 13th day of August, 2021.

Purpose and Effect

This application proposes to vary Section 4.6.3 of the South Huron Zoning By-law to reduce the required Minimum Distance Setback (MDS) requirements for a proposed new farm house. The requested reductions are to reduce the MDS requirement from two livestock operations:

1)    70542 Elimville Line: from 533 metres to 366 metres from the manure storage tank and from 481 metres to 370 metres from the livestock barn; and

2)    70563 Elimville Line: from 648 metres to 460 metres from the manure storage tank and from 609 metres to 436 metres from the livestock barn.

Decision and Reasons of the Committee

It is the decision of the Committee of Adjustment to approve this variance application with the below conditions for the following reasons:

  • The variance is minor in nature;
  • Desirable for the appropriate development or use of the land, building or structure,
  • Maintain the general intent and purpose of the zoning by-law, and 
  • Maintain the general intent of the official plan.

This Decision has been made subject to the following conditions: 

  1. The proposed building be located as shown in the site sketch that accompanied the application;  and
  2. The variance approval is valid for a period of 18 months from the date of the Committee’s decision; and
  3. The Ausable Bayfield Conservation Authority (ABCA) commenting fee of $150 be paid to the satisfaction of ABCA.

Effect of Public and Agency Comments on Decision of Committee of Adjustment

Agency Comments were received from the Ausable Bayfield Conversation Authority noting no concerns. No other public or agency comments were received on this application so there was no effect on the decision.

Appeals

If a person or public body does not make oral submissions at a public meeting or make written submissions to the Municipality of South Huron Committee of Adjustment before the minor variance is granted, the person or public body is not entitled to appeal the decision of the Municipality of South Huron to the Ontario Land Tribunal

If a person or public body does not make oral submissions at a public meeting or make written submissions to the Municipality of South Huron Committee of Adjustment before the minor variance is granted, the person or public body may not be added as a party to the hearing of an appeal before the Ontario Land Tribunal, unless in the opinion of the Tribunal, there are reasonable grounds to do so.

Any appeals of the Decision of the South Huron Committee of Adjustment must be filed with the Secretary-Treasurer of the Committee of Adjustment, not later than the 29th day of August, 2021 setting out the reasons for the appeal together with a certified cheque or money order in the amount prescribed payable to the Minister of Finance. A copy of the appeal form is available from the Ontario Land Tribunal website at http://elto.gov.on.ca/. If no appeal is received within the prescribed, a Notice of No Appeal will be sent out to the applicant.

Additional Information

Additional information related to this minor variance may be obtained at the South Huron Municipal office or by contacting Vanessa Culbert, Planning Coordinator at 519-235-0310, between the hours of 8:30 a.m. and 4:30 p.m. (Monday to Friday). Information may also be posted on our website (www.southhuron.ca).

 

Contact(s)