OMB agrees to reduce minimum setbacks for residence - finds residence an "agricultural use" under Official Plan

Greyda Plains Poultry Ltd. appealed the March 2, 2010 decision of the Committee of Adjustment of the Township of Enniskillen refusing its application for two minor variances. The first minor variance was from the top-of-bank setback provisions and the second was from the minimum distance separation provisions of the Township of Enniskillen Zoning By-law 17 of 2009.  Greyda Plains Poultry Ltd. (“Greyda”) has proposed to develop approximately 38 ha. (94 acres) as a working farm with a farm house and storage barn. The subject lands are located at the southeast corner of the intersection of Oil Heritage Road and LaSalle Line, in the Township of Enniskillen. Greyda currently farms approximately 80 ha. in the vicinity.

Section 5.2(a) of Township of Enniskillen Zoning By-law 17 of 2009 (“By-law”) provides for a 15-metre minimum setback from the top-of-bank of a watercourse.  Greyda proposes a 6-metre setback.  Section 3.17.1 of the By-law requires a minimum distance separation of 627 metres between any manure storage facility and any residence. Greyda proposes a separation distance of 420 metres. Section 3.17.1 also requires a minimum separation distance of 533 metres between a hog operation and a residence. Greyda proposes a separation distance of 373 metres.  The minimum separation distances in the By-law mirror those in the MDS Implementation Guidelines published by the Ministry of Agriculture, Food and Rural Affairs.

With respect to the MDS setback, the OMB found the proposed residence is an “agricultural use” under the provisions of the Township Official Plan since the Greyda operations clearly qualify as a family farm. It found too that a family farm is a 24/7 operation requiring on-site living accommodations.

After consideration of all the evidence, the OMB found that the proposed Greyda farm residence conforms to the general intent and purpose of both the Township of Enniskillen Official Plan and By-law as well as the County of Lambton Official Plan. It also found that the proposed farm residence is desirable for the appropriate development of the subject lands and that the proposed minor variance from both the top-of-bank as well as the minimum distance separation provisions in the By-law is minor in nature. No evidence was advanced by the municipality that there would be any adverse impact on any neighbouring lands as a result of the proposed development.

Read the decision at: Greyda Plains Poultry Ltd.