Minor variances for reduced agricultural setbacks authorized to permit residential dwelling on non-arable land.
The applicants appealed a Committee of Adjustment decision refusing minor variances to permit the construction of a residential dwelling with reduced Minimum Distance Separation (MDS) setbacks from neighbouring livestock facilities.
The subject property is zoned Agricultural but is unsuitable for farming due to its topography.
The Tribunal accepted uncontroverted expert planning evidence that the variances met the four-part test under the Planning Act, noting that the applicants and neighbours are Old Order Mennonites accustomed to farming odours.
The appeal was allowed in part, and the variances were authorized subject to conditions requiring a development agreement with an odour warning clause and written acknowledgements from neighbouring farm owners.
OLTOntario Land TribunalDec 19, 2024
