An Ontario Municipal Board appeal has been filed on a decision by Mapleton’s Committee of Adjustment to allow a minor variance reducing the Minimum Distance Separation requirements between an existing barn and a planned new residence near Moorefield.
Alywn and Lori Woodham, owners of a farm property on Wellington Road 10, which includes a currently unoccupied hog barn, filed the appeal on April 29. The minor variance, which reduced MDS distance required from 180 metres to 159 metres between the barn and the new residence on a lot owned by Chris and Brittany Huber, was granted by the Mapleton Committee of Adjustment on Jan. 9.
While no appeals were filed following the original decision, the Woodhams have now filed an objection to an April 10 resolution of the committee, which endorses the committee’s decision to allow the MDS measurement to be taken from the centre of the Woodham barn, rather than the nearest corner to the residence.
Mapleton CAO Patty Sinnamon said the April 9 resolution resulted from a request for clarification from the township’s building department. She said the township is still in the process of gathering the records regarding the decision to forward to the OMB, along with the Woodham’s appeal. She said it is not known when a hearing would be held.
Asked if building on the lot would be halted pending the appeal, Sinnamon said “that’s a question for our solicitor.”
MDS 1 waiver in bylaw
The Hubers’ lot is one of several created in the 1970s within MDS distance of the Woodhams’ barn. MDS restrictions prevented development on the lots until recent changes were made to Mapleton’s comprehensive zoning bylaw.
The new bylaw waives MDS 1 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.
