Notice - Decision Minor Variance - MTu MV03-25 Cardiff

NOTICE OF DECISION - COMMITTEE OF ADJUSTMENT

APPLICATIONS FOR MINOR VARIANCE OR PERMISSION

Planning Act, R.S.O. 1990, cP. 13., S. 45 (8)

FILE NO:               MTu MV03-2025                 DATE OF HEARING: June 17, 2025

NOTICE:                The last day for appealing this decision July 7, 2025.

APPEALS:             Members of the public do not have the right to appeal the decision; only the applicant, the Minister of Municipal Affairs and Housing, a specified person under the Planning Act or public body that has an interest in the matter, may appeal the decision. Please refer to the County of Huron website for details about appeal rights: https://www.huroncounty.ca/plandev/guides-and-resources/planning-procedures/additional-appeal-information

An appeal to the Ontario Land Tribunal (OLT) must be submitted within twenty days of the notice of the decision, may be made by filing a notice of appeal with the Clerk either via the Ontario Land Tribunal e-file service (first time users will need to register for a My Ontario Account at  https://olt.gov.on.ca/e-file-service by selecting Morris-Turnberry as the Approval Authority or by mail to Trevor Hallam, CAO/Clerk, Municipality of Morris-Turnberry, 41342 Morris Road, PO Box 310, BRUSSELS, ON  N0G 1H0. If the e-file portal is down, you can submit your appeal at thallam@morristurnberry.ca

Please refer to the OLT website for the current appeal fee at https://olt.gov.on.ca/fee-chart/ The fee required by the Ontario Land Tribunal can be paid online through e-file or by certificate cheque or money order to the Minister of Finance, Province of Ontario. The last day for filing an appeal is July 7, 2025, at 4:30 pm. 

The filing of an appeal after 4:30 pm, in person or electronically, will be deemed to have been received the next business day.

If no appeal is received before the date above, a Notice of No Appeal will be sent to the Applicant.  

APPLICANT:         Cardiff Farms Incorporated (Matthew and Jeff Cardiff)

LOCATION OF PROPERTY:    Concession 3, SPT Lot 28   (42450 Cardiff Rd)

PURPOSE OF APPLICATION:           The purpose of this application is to request relief from the Morris-Turnberry Zoning By-law to reduce the required Minimum Distance Separation (MDS) II setback to allow for the construction of a new livestock barn. 

This application proposes to reduce the MDS II setback from 436m to 284m and 307m to two neighbouring residences located to the west and south.

DATE OF DECISION:          June 17, 2025

DECISION:            To grant relief from the following Sections of By-law 45-2014:

Section 4.5 requires new or expanding livestock facilities to comply with the Minimum Distance Separation (MDS) Formulae.

CONDITIONS:      

1. The structure be located within the footprint contained on the sketch that accompanied the application;

2. The variance approval is valid for a period of 18 months from the date of Council’s decision.

REASON FOR DECISION:  

The Committee considered the variance to be minor, to maintain the appropriate development of the lands and to maintain the general intent of the zoning by-law and official plan.

EFFECT OF WRITTEN AND ORAL SUBMISSIONS:     

No public comments were received on this application so there was no effect on the decision. Agency comments were received in support of the application, the effect of which resulted in the decision to approve the application.

________________________________________________________________________________________________________
Jamie Heffer      Kevin Freiburger         Jamie McCallum       Jodi Snell         Sharen Zinn

 

CERTIFICATION

Planning Act, R.S.O. 1990, c.P. 13., S. 45 (10)

I, Trevor Hallam, Secretary-Treasurer of the Morris-Turnberry Committee of Adjustment, certify that the above is a true copy of the decision of the Committee with respect the application recorded therein.                              

Dated this 19th day of June, 2025.     

                                                                _____________________________________________

Trevor Hallam, Secretary-Treasurer