Every now and then it appears a severance is needed to settle an estate.
On Oct. 4, Erin councillors found that a farm severance became slightly more when it involved the estate of Keith Leitch and a farm property to be divided amongst two sons.
The proposal came much in the same way as a growing practice in Wellington County where an existing house and barn were to be severed from the balance of the farm lands.
As a condition of severance, zoning approval from Erin would prohibit the housing of livestock in the existing barn and prohibit residential uses or ancillary storage buildings other than agricultural buildings on the 25.7 hectare parcel.
In her July 12 report to the Wellington County land division committee, planner Sally Stull wrote of her concern with the long term applicability of zoning provisions that must be approved by Erin council.
“The conditions result in the council of the town of Erin being the reluctant “decision maker” of lot creation and the “enforcers” of zoning prohibitions.
Stull suggested the decision may result in a precedent of similar severances in the prime agricultural designation and municipal staff time spent to either uphold or “rezone” prohibitions on prime agricultural land in the future.
She said the purpose of the rezoning is to dispose of a “surplus dwelling unit” and the associated bank barn, the only permitted use of the “former” barn can be is an accessory structure. Alternatively, the barn could be demolished.
Stull suggested if the barn is needed for the farm operation, it should be retained with the farm parcel, and as a result the dwelling could not be severed since it would not meet minimum distance separation (MDS) guidelines that have been in place since the 1970s to protect agricultural land uses.
In regard to the vacant prime agricultural farm land, it is unclear how a farm consolidation would be achieved as a result of the severance.
It would in fact, be sterilized from construction of any manure producing facility or barn due to the MDS of the severed surplus dwelling and nearby residences.
“Given the devaluation which occurs with the limitation of use, it is very likely the municipality will be challenged in regard to the prohibition of a residential use in the future.”
Stull contends the overriding intent of the prime agricultural designation is not being maintained and results in fragmentation and sterilization of prime agricultural lands.
She said while the application is being called a lot line adjustment, it is a 1.4ha parcel being severed from the 25.7ha remaining farm property along County Road 124 (Part of Lot 13 Concession 6).
She said the land is currently designated as prime agricultural.
The county land division committee deemed that the house and barn could be severed into a smaller parcel – the condition being that Erin rezone the property. She said her original comments were sent to the committee.
“They’ve basically turned it back to the town to deal with in terms of the zoning amendment,” she said.
The property has conditional consent to sever the 3.5 acre parcel with the house, barn, accessory buildings and septic.
In this estate case, the house will go to Terry Leitch and his family, who will live there, and the land to another son, Gary Leitch, who will continue the farming operation.
Although the severing of surplus dwelling is not new in Wellington County, not many property owners have taken that route in Erin. The intent of the policy is to allow farm operations to continue, while disposing of a surplus home, while preventing homes being built on severed farm properties. The zoning also limits the use of the barn on the property included with the severed residential property.
Councillor John Brennan said if this is granted, the land will only be usable for agricultural production by someone who doesn’t live there.
Stull said, “Basically, you can’t get a building permit for a dwelling.”
Brennan said then in that sense would it be difficult handing the property over to someone else who wanted to farm – unless they were prepared to only farm and not live at that location.
“Or they come for a rezoning,” Stull said.
Mayor Lou Maieron said this is usually driven by a desire to purchase the farm.
At some point, Maieron anticipates the property would be included in one son’s overall farm operation – but it doesn’t need to be an adjacent property to be part of that farming enterprise.
“Personally, I don’t have a problem looking at this,” he said.
Council planned to make a decision at a future meeting.
