March 31, 2005 Committee of Adjustment
M I N U T E S
OF THE CORPORATION OF THE
MUNICIPALITY OF WEST ELGIN
COMMITTEE OF ADJUSTMENT
WEST ELGIN COUNCIL CHAMBERS
MARCH 31, 2005
MEMBERS PRESENT:
Chairman: Graham Warwick
Members: Trudy Balint, Mary Bodnar, Michael Mooser,
Bernie Wiehle
STAFF PRESENT:
Norma Bryant Secretary –Treasurer
Joanne Groch Administrator/Treasurer
ALSO IN ATTENDANCE:
Ted Halwa Planning Consultant
Chairman Graham Warwick called the meeting to order at 9:30 a.m.
SUBJECT: MINOR VARIANCE APPLICATION A1/2005 – PETER & IDITH
FLEUREN
Also in attendance: Peter & Idith Fleuren, Herman Groniger
The Chairman announced a Minor Variance Application of Peter and Idith Fleuren,
20591 McDougall Line, Part of Lots B & C, Concession VI will be considered.
The Secretary/Treasurer advised that proper notice had been given under Section 45(5)
of the Planning Act. Comments were received from Lower Thames Valley Conservation
Authority, which indicated no objections. A letter from Frank Fleming was read
indicating a number of concerns relating to the distance to both houses on his property.
Ted Halwa, Planning Consultant reported that the lands are zoned Agricultural in the
Township of Aldborough Zoning By-law 90-50. The applicants are proposing to
construct a new manure storage facility (pit) for the purposes of increasing the manure
capacity of their operation. The proposed facility would be situated 280 metres (919
feet) from the nearest neighbouring dwelling situated to the north on the opposite side of
McDougall Line. The zoning by-law stipulates a minimum separation distance of 545
metres (1,788 feet). The size of the livestock operation, in terms of expansion to the
barn and/or an increase in capacity, is not changing.
Mr. Halwa addressed the points raised in Mr. Fleming’s letter:
1. A severance of a surplus dwelling would not be affected by this application. Any
affect of MDS would be on Mr. Fleming’s property, between his house and his barn.
2. A new building would need to comply with MDS, not apply to the alteration of
replacement of a dwelling.
3. Restrictions don’t change with ownership. Restrictions relate to distance to
residences.
March 31, 2005…..Page 2 of 3
4. A new tank is necessary under the Nutrient Management Act. No expansion to
operation. An open top is proposed.
5. The proposed location is further than the existing tank. It appears to be the best
location.
Herman Groniger noted that he felt the new tank is located too close to the creek and
gully. Mr. Halwa noted that the zoning by-law specifies 100 metres, however the
Nutrient Management Act prevails. Approval is required under the Nutrient Management
Act and supersedes the zoning by-law. However, it appears that the proposed location
does satisfy the zoning requirements. Secondly, Mr. Groniger noted concern about
smell and enquired if the tank could be moved further back. The Mayor noted that
smell occurs when spreading. It was noted with a larger tank, there is less spreading.
The existing pit is closer to the creek than the new location. It appears that it is 100
metres from the cultivated land to the creek where the spreading occurs.
RES. NO. 1 Moved by Bodnar
Seconded by Wiehle
RESOLVED that the Committee of Adjustment grants the minor variance
application from Peter & Idith Fleuren, located on part of Lots B & C,
Concession 6, 20591 McDougall Line, to provide relief under Township of
Aldborough Zoning By-law 90-50, specifically Section 5.2.6 and Schedule
“H” for a reduction in the required minimum distance separation distance
(MDS II) from 545 metres to 280 metres to permit the construction of a
manure storage facility, subject to the following conditions.
Conditions: 1. That the manure storage facility is designed and
constructed in accordance with the plans submitted to
the satisfaction and approval of the Ministry of
Agriculture and Food and the Municipality.
Reasons: i. The variance is considered to be consistent with the
Provincial Policy Statement.
II. The intent of the Township of Aldborough Official Plan
is maintained.
ii. The intent of the Township of Aldborough Zoning
By-law is maintained.
iii. The variance is considered “minor” given the
circumstances
iv. The variance is desirable for the appropriate use and
development of the lands.
Concur in the Decision:
Graham Warwick Committee Member
Michael Mooser Committee Member
Trudy Balint Committee Member
Mary Bodnar Committee Member
Bernie Whiele Committee Member
March 31, 2005…..Page 3 of 3
SUBJECT: ADJOURNMENT
RES. NO. 2 Moved by Mooser
Seconded by Wiehle
RESOLVED that this Committee of Adjustment Meeting, held under
Section 44(5) of the Planning Act be hereby adjourned.
DISPOSITION: Carried
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These minutes were adopted the 14 day of April, 2005.
___________________________ ___________________________
Chairman Secretary-Treasurer