Guelph-Eramosa council has recommended approval for a severance application at Donkers Poultry Farms Inc., located at 5237 Third Line.
The application is to sever 1.9 hectares of land that contains a house, metal-clad building and two stone buildings and to retain 38.4 hectares of agricultural land, which is used for cash cropping, explained township planning consultant Rachel Martin from MHBC Planning on Nov. 6.
A new residence is prohibited on the retained lands as a result of the severance.
Councillor David Wolk asked whether there was a separate entrance to the retained agricultural lands.
“If there [are] no arrangements between the two property owners now then they will have to come in and apply for a new entrance permit,” CAO Ian Roger said.
Council included a note in the resolution indicating to Wellington County that the retained portion may require an entrance permit.
Councillor Corey Woods was concerned about asking for a cash-in-lieu contribution for park dedication for the residential lot that would be created.
“We’re not actually creating a new residential lot,” he said. “The house that’s there now is going to stay there.”
Mayor Chris White asked if the definition change could have triggered the request.
“We’ve gone through this with the solicitor,” Roger said.
“In cases like this if the property is … severed and retained and if agricultural land is staying with an existing farm or being merged with it or owned by a farm corporation, then we won’t require cash in lieu of parkland.
“But if the property is not being made part of an existing farm or farm corporation than our solicitor says we should be taking the cash-in-lieu of parkland as a result of the severance.”
Council chose to include an amendment to the resolution indicating that the cash-in-lieu of parkland only be paid if it is required.
Chief building official Dan Sharina originally asked that the foundation of an old barn on the severed, residential portion be removed. Councillor Mark Bouwmeester asked for the rationale.
“I was double-thinking that actually, because if there’s no structure above … it might be fine but I’d like to go on site and actually take a look and see that it is up there, that there’s no building that’s going to be used as a barn,” Sharina said.
“I could be okay with it going through if there’s no roof structure … so I could be really flexible with that.”
Councillor David Wolk said there are other locations in the township that have collapsed buildings “but we have not demanded their removal.”
White said, “It’s the old story, nothing happens until something happens. So once you trigger (it), everything’s got to come up to code, so if there’s a barn on agricultural land that has collapsed we don’t have the authority to say anything. You don’t do anything, but the minute they make a change all the new rules kick in.”
Sharina said the reason building codes stipulate the removal of outbuildings during a farm severance is because agricultural buildings should not be used for residential purposes.
Council recommended severance approval to Wellington County.
