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June 22, 2006 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 JUNE 22, 2006 MEMBERS PRESENT: Chairman: Graham Warwick Members: Trudy Balint, Mary Bodnar, Michael Mooser, Bernie Wiehle STAFF PRESENT: Norma Bryant Secretary –Treasurer ALSO IN ATTENDANCE: Ted Halwa Planning Consultant Chairman Graham Warwick called the meeting to order at 10:30 A.M. SUBJECT: MINOR VARIANCE APPLICATION A2/2006 – EAGLE PORK INC. Also in attendance: Peter Kemmerling The Chairman announced a Minor Variance Application of Eagle Pork Inc., 26516 Gilbert Line, Part of Lot 23, Concession XIII 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. Further, a letter was received from Patrick Vojiin was read and indicated among other things that the minimum distance separation to the Warwick Conservation Area is being breached by 1,079’. The Planner presented his report. The purpose of the application is to provide relief from requirements of the Township of Aldborough Zoning By-law 90-50 with respect to the addition on the south side of the sow barn for the purpose of increasing the efficiency of the operation. The proposed addition would be situated 87 metres (287 feet) from the nearest side lot line and approximately 593 metres (1,946 feet) from the lands zoned Open Space (OS), whereas the minimum required distances are 92 metres (302 feet) and 922 metes (3,025 feet), respectively. Mr. Kemmerling reported that the number of animal units would not be increased; number of farrowing units would increase as they are held 19 days rather than 14 days before being weined. They are not increasing the dry sow area or breeding area of the barn. The Chairman asked what the increase in manure storage? Mr. Kemmerling noted little and that a nutrient management plan has been prepared. The Chair noted that the existing barn was built prior to standards being imposed. The conservation area was considered passive recreation rather than active recreation. The Planner noted that at the time it was voluntary compliance. The Chair noted that 2000 June 22, 2006…..Page 2 of 2 feet setback is required to passive recreation and 3000 feet to active recreation areas. There are 2000 feet to property line, and probably another 1000 feet to the active area of the park. The Planner noted that the variance to the side lot line is 5 metres short. The proposed addition is no closer to the dwelling and meets the distance requirements to the nearest neighbour. RES. NO. 1 Moved by Bodnar Seconded by Mooser RESOLVED that the Committee of Adjustment grants the minor variance application from Eagle Pork Inc., located on part of Lot 23, Concession 13, 26516 Gilbert 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 92 metres (302 ft) to 87 metres (285 ft) on the east side and from 922 metres (3,025 ft) to 593 metres (1,9346 ft) from the land zoned Open Space to permit the construction of a new farrowing room, subject to the following conditions. Conditions: 1. That the farrowing room is designed and constructed in accordance with the plans submitted to the satisfaction of 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: Bernie Wiehle Committee Member Michael Mooser Committee Member Trudy Balint Committee Member Mary Bodnar Committee Member Graham Warwick Committee Member SUBJECT: ADJOURNMENT RES. NO. 2 Moved by Balint Seconded by Bodnar RESOLVED that this Committee of Adjustment Meeting, held under Section 44(5) of the Planning Act be hereby adjourned. DISPOSITION: Carried th These minutes were adopted the 13 day of July, 2006. ___________________________ ___________________________ Chairman Secretary-Treasurer