Notice of Decision - MTu MV01-2025
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 MV01-2025 DATE OF HEARING: April 8, 2025
NOTICE: The last day for appealing this decision April 28, 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 April 28, 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: Baillie Williams on behalf of Susan Pottruff and Michael Kamrath
LOCATION OF PROPERTY: CON 8 N Pt Lot 5; RP 22R2807 Parts 2 and 3 (42287 Howick-Turnberry Rd)
PURPOSE OF APPLICATION: The applicant is requesting a Minor Variance to increase the permitted separation distance between the main dwelling and a proposed additional residential unit from the required 60m to 90m. This variance is sought to allow for the second dwelling to be located away from the workable agricultural land. The additional residential unit must share the existing driveway with the primary residence and is not eligible for severance.
DATE OF DECISION: April 8, 2025
DECISION: To grant relief from the following Sections of By-law 45-2014:
Section 4.4.4a & Section 3.54 of the Morris-Turnberry Zoning By-law (By-law 45-2014) to permit an additional residential unit up to 90m from the existing main dwelling.
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.
original signed |
| original signed |
| original signed |
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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 8th day of April, 2025.
Original Signed___________________
Trevor Hallam, Secretary-Treasurer