The town’s Committee of Adjustment has approved a minor variance allowing a reduced MDS II setback for a liquid manure tank. The approval came after the applicant agreed to relocate the proposed tank outside the flood plain and further from the closest neighbouring residence than originally proposed.
The committee, comprised of the members of Minto council, deferred the matter at a hearing on the proposal for the 6th Line property on June 17, after objections were expressed by two neighbours and the Maitland Valley Conservation Authority (MVCA).
The applicant, Aden Martin, operates a dairy farm with milking cows, heifers, calves and horses on the property, which he acquired in 1993.
Martin originally proposed installation of the tank with a setback of 76.2 metres (250 feet) to the nearest neighbour’s dwelling, although the minimum MDS II setback is 183m (602 feet), a difference of 106.8m (352 feet).
On June 24, MVCA Environmental Planner, Brandi Walter, Minto chief building official Terry Kuipers and the applicant met on-site to determine an alternative location. That resulted in a revised application to permit the tank with an MDS II setback of 131.1 metres (430ft.), a difference of 199 feet from the requirement.
MVCA staff mapped the floodplain boundary, and confirmed that the revised location is outside of the floodplain and the Conservation Authorities Act-regulated area, but requested that a site plan be submitted to them prior to the issuance of a building permit to advise them of the final location.
“Our proposal was probably a little on the negative side … especially even a big impact on the neighbours’ behalf,” said Martin at the July 8 committee meeting at which the revised application was presented. ‘It definitely was in a flood plain, which would have been a big impact on that situation too.”
Martin said the new location, behind a barn on his property, would put the tank “out of the prevailing winds and out of the flood plain.” However, he noted, “It’s going to be a significant cost factor. I think it’s going to be $40,000.”
Although the new location is still within the MDS arc, Martin said it would be difficult to move it further.
“If it goes further in the field, it’s likely going to end up catching prevailing winds and it’s likely going to make it worse. And then that would put it right in a productive field.”
Neighbour Ronald Blair, said while the revised location isn’t ideal, it is an improvement on the original proposal.
However, Blair was critical of a process, which, he said, requires citizens to quickly become familiar with municipal legal procedures.
“Consideration should be given to people like Margaret (Blair’s wife) and myself who are not versed in the minutiae of bylaws, zoning requirements – and this comes up once in a blue moon – how are we to know? And it’s not enough to say come to the committee of adjustment, because it’s over in a sense by that point.”
Blair said council should consider “ways in which you could inform and explain to affected parties what is at stake.
“Because we had to sort of work though the labyrinth of minor and MDS, only to discover that no one can really explain these matters properly anyway. I would invite you to give me a clear explanation what a minor variance is? It’s very obscure.”
“The procedures that were followed were exactly as set out in the planning act,” responded CAO Bill White.
“And it’s true that most people don’t know about these things, but that’s the process we are faced with.”
Mayor George Bridge told Blair the committee has to rely on municipal staff and outside agencies such as the MVCA for information.
“I think the process somewhat worked,” said Bridge. “Whether we dicker about a minor variance and that’s the only word we have to use … we’ve heard both sides … it’s not a perfect solution but it’s a better solution than we had the first time and I feel good about that.”
A motion to accept the revised application was approved, with councillors Mary Lou Colwell, Dave Turton, Ron Faulkner, Rick Hembly and Ron Elliott voting in favor and deputy mayor Terry Fisk opposed.
