Minor variance appeal to reduce minimum distance separation from a neighbouring nutrient management tank dismissed.
The applicant appealed the Township's Committee of Adjustment decision denying a minor variance to reduce the Minimum Distance Separation (MDS) required to build a residential dwelling on his farm property.
The neighbouring farm operated a liquid nutrient management tank, requiring a 537.4-metre separation, whereas the applicant sought a 300-metre separation.
The Tribunal accepted the uncontroverted expert evidence of the respondents that the variance was not consistent with the Provincial Policy Statement, did not maintain the intent of the Official Plan or Zoning By-law, was not desirable, and was not minor.
The appeal was dismissed.
OLTOntario Land TribunalJul 13, 2022
