Guelph-Eramosa council has recommended a land severance approval for Brian Kurtz Trucking Ltd., as long as the owner can demonstrate the site meets current building code requirements.
The properties are located at 6952 and 6960 Speedvale Ave. west.
In 1991 the trucking operation at 6960 Speedvale Ave. was severed from the rest of Brian and Judith Kurtz’s land. However, as ownership changed, the two pieces of land were merged in 2014 when they were both registered under Brian Kurtz Trucking Ltd.
The proposed severance is to recreate the two original separate properties.
While both parcels conform to township zoning bylaws, new building code regulations mean the township is placing conditions on its approval recommendation.
On Feb. 6 township planning consultant Mitchell Avis explained a separate septic system for the residential unit must be confined solely within the residential lot’s boundaries.
“We just want to make sure that everything is going to be contained on the lot they’re going to be creating,” Avis said.
The second requirement is confirmation of a 45-minute fire resistance rating on one of the truck operation’s industrial warehouses because it is only 13m from the proposed residential property line.
“Through a consent process we can ensure that either they are installed currently or that they will be installed through the consent process that … do meet the Ontario Building Code requirements,” Avis said.
Councillor Corey Woods said he thought the buildings were built in the 1980s.
“It would have been legal at the time they were built, so why are we going and saying it has to be up to today’s building code and this fire wall?” Woods asked.
Chief building official Dan Sharina said he couldn’t piece together the permits he had found on file for the property.
“I wanted to know how is it constructed right now; they might very well have that 45-minute rating,” he said. “I understand this was a severance before and now it’s going back to being severed but I don’t know if that was looked at before or not. That’s why I’m asking these questions now.”
Mayor Chris White explained a severance application requires the building department to look at certain aspects of the property and ensure everything is up to the current code.
Sharina said, “I don’t know what’s there and now it’s back on the radar and I’m aware of this and I need to know it’s there in order to comply with the Ontario Building Code.”
White added, “So we can safely say whatever you are doing is prescribed by the building code; it’s not a choice. If this happens, this happens and that’s the law.”
Sharina said he’s hoping the warehouse does have a 45-minute fire resistance rating.
Council supported the consent application with conditions.
The final decision on the severance lies with Wellington County.
