Mapleton’s Committee of Adjustment has deferred a decision on minor variance applications for three properties on Wellington Road 10.
All three properties are at the centre of a dispute over changes to Minimum Distance Separation (MDS) provisions in the township’s new comprehensive zoning bylaw. The three applications were deferred for further review at the next committee meeting on Jan. 9 at 9:30am.
Between the spring of 2011 and August of 2012, three couples, Barb and Gary Huber, Chris and Brittany Huber and Dennis and Tiffany Gleeson, purchased lots on Wellington Road 10.
The lots are all within MDS range of an unoccupied livestock barn on the property of Alwyn and Lori Woodham. However Mapleton’s comprehensive zoning bylaw waives MDS1 requirements for existing lots that are less than 9.9 acres. The bylaw was originally passed in July of 2010, but did not come into effect until June of 2012 due to an OMB appeal on an unrelated matter.
All three lot owners have submitted minor variance applications seeking relief from the MDS1 restrictions, which don’t allow construction of a residence closer than 360 metres to the hog barn. The lot owned by Chris and Brittany Huber is also within the MDS arc of another nearby barn.
At the Dec. 11 meeting, Mapleton council filed objections to all the requests for minor variances citing four reasons:
– the MDS1 requirements are not met by the applications;
– the application forms are incomplete;
– the figures for MDS1 distances cited in the applications are “not verified”; and
– the variance requested is “not minor in nature.”
Council has taken the position that at least some of the lots were not “existing lots” prior to the passage of the new zoning bylaw because, in two of the cases, smaller lots were combined to create the minimum one-acre size required to qualify for a building permit.
Councillor Mike Downey questioned the MDS figures provided in a report by the county planning department, noting they were not based on actual units of capacity in the Woodhams’ unused hog barn.
However, Van Patter said his office only recently received the actual figures and would be presenting them at the committee of adjustment hearing on Dec. 12.
Van Patter said the planning department used 2001 data to make MDS1 calculations because the barn owners only recently provided the updated information requested by the applicants.
Downey also felt diagrams submitted with the applications showed MDS2 arcs, rather than MDS1 arcs and were not completed prior to submission.
Councillor Neil Driscoll said he was uncomfortable making decisions based on “conflicting” information.
“I don’t understand MDS and I rely on the people who do,” he stated.
Mayor Bruce Whale asked, “Does this get into an issue where it’s something that the committee of adjustment has to decide?”
Van Patter suggested the entire debate may be moot, as he believes there is little potential for future expansion of the Woodham’s barn under any circumstances.
“There are existing residences to the north and south of this livestock facility that fall within the MDS1 setback (arc), in addition to the Moorefield urban boundary.
Given the close proximity of these uses to this barn, there is little, if any, potential for expansion over its current size and capacity and the barn is limited to its current size,” Van Patter stated in a written report.
Downey disagreed that the MDS arc from the Woodhams’ barn would run to the Moorefield urban boundary, once the actual figures were used for calculation.
Van Patter said the planning office is confident in its position on the issue.
“Very frankly, we’re probably going to go to the Ontario Municipal Board on this issue and were not sticking our neck out on a weak case,” Van Patter stated.
