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Times -Advocate, December 11, 1985
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Osborne zoning reserved
Continued from front page
examination of Tuckey, explained
that an amendment had been approv-
ed for the bylaw and that indicated
tj a plan was obviously reviewed:
He got Tuckey to agree that the lat-
ter could sell his property to an urban
dweller or fanner and was further ad-
vised the current owner had no plans
at present or the immediate future to
!wild.
Murphy also suggested that when
he purchased the property, Tuckey
should have known, or been advised
by his lawyer, that the property was
subject to the Huron County offical
plan and what it says about the Code
of Practice.
"In your township (Westminster)
you do comply with the Code", Mur-
phy said, explaining that he had
elicited that information from the
Westminster clerk. People planning
buildings in that township need a cer-
tificate of compliance under the
Code," the Goderich lawyer
explained.
Tuckey said it was possible to go
before a county court judge to argue
"that a permit should be aproved.
Murphy suggested that if Tuckey's
property was in Westminster, he
couldn't get a permit because it
wouldn't comply with the Code.
The township solicitor also noted
that the case mentioned by Tuckey
where another Usborne resident was
given spot zoning may not have been
required but was probably done to
satisfy neighboring property owners.
He also emphasized that in that case,
the owner complied with the Code of
Practice.
Terming Tuckey's property "not
viable", he advised the appellant that
he was not a farmer and Tuckey
agreed that the property could best be
described as a hobby farm.
Tuckey admitted that he agreed
with the Code of Practice as a plan-
ner, saying it was one of the planning
tools.
Murphy then suggested that the
bottom line was that Tuckey agreed
with the Code which affects his pro-
perty, and while the lawyer agreed
the Code severely restricts Tuckey,
explained it was no different from any
other farmer in the township.
"You could sell and the new owner
could restrict the neighbors and never
farm," Murphy said. "It (the zoning
bylaw) zoned you as you were zoned
and restricted you as it restricted
every other farmer in Usborne
Township."
"The race is to the swift," OMB
chairman Brooks pointed out in
reference to the Code, after Harold
Fleming, land use specialist with the
Foodland Preservation Branch of the
Ministry of Agriculture and Food took
the stand.
The latter explained there were in-
creasing conflicts over incompatible
uses in agricultural areas and the
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minimum distance separation for-
mulae of the Code were an attempt to
reduce the potential for such conflicts.
He said he had considerable con-
cern over Tuckey's proposed bylaw in
that it would allow the neighboring
pig barn to expand without any con-
trols and this could be a major pro-
blem if Tuckey sells as that would
create the potential for complaint and
+iharrassment from the new owner.
He described Tuckey's bylaw a$
"total exemption" and said that was
not desirable and the long-term situa-
tion must be considered.
He also argued that under the coun-
ty plan, Tuckey's proposed bylaw
wouldn't comply.
Fleming advised that ministry of
environment statistics pointed out
that 50 percent of the complaints
about noise or odor pollution from
livestock operations come from other
farmers.
In his final argument, Tuckey ex-
plained that most of his property is
unuseable far buildingpurposes and
he felt that was not reasonable.
However, Brooks noted that the
distance factor may retreat when
Tuckey gets around to building duel()
a change on the neighboring property.
The OMB chairman -also addressed
a point raised by Fleming whereby
Tuckey could ask for a minor
variance when his building plans
mature, or he could then go for a
bylaw amendment if" the variance
was considered too major.
Tuckey said he'd prefer to have the
decks cleared now.
Murphy, in his summation, noted
the matter concerned a comprehen-
sive zoning -bylaw, and the OMB and
the courts have acknowledged that by
their very nature, such bylaws are
restrictive and discriminatory.
"People can be affected adverse-
ly," he explained, adding that such
bylaws affect what every farmer can
do; and every urban dweller.
He contended Tuckey had been pro-
perly zoned and his desire for an ex-
emption would not conform to good
planning and agreed the appellant
had all kinds of relief under the Plan-
ning Act if and when he decides to
erect any buildings.
"Today he is asking for complete
contravention," Murphy continued,
noting .that no other resident in the
township has the privilege to build
where he wants and that Tuckey
wants to be the sole person with that
privilege.
That would be tampering with the
policy in the ministry and ate county
and township official plans and the
zoning bylaw, he argued.
"He concedes in his own township
(where he is the planner) he couldn't
get a building permit and he wants to
come here and get a permit," Murphy
concluded.
Tuckey refuted that claim, adding
in his final comment that he was seek-
ing protection for what he had under
the official plan, which was the only
policy of the township he had to con-
sider when he purchased the
property.
Hay water line
Continued from front page
posed with their plan to have the
Zurich drain cleaned and restored to
its 1968 condition.
"There has been no extra water
since 1968, and the culverts have not
shrunk. If the two feet of fill in the
ditch is cleaned out, and the drain
took the water away in 1968, it should
take it away now", Wilder said. ,
To initiate the clean-out, property
-owners along the Thiel drain will be
asked to sign a petition requesting a
satisfactory outlet.
, while Ducharme is absent in January
and February.
Employees of the works dl'part-
ment will attend the next regular
meeting on January 6 to discuss
wages.
Lucan atrtbulance
Continued from front page
not objecting to it. But we should have
had the budget increased to put more
vehicles and crews on the road to.
enable us to look after our own city."
"We can't escape the fact Zurich Thames Valley ambulance attend -
water must run through Hay, and our ed Peter Aitchison, representative of
concern is our drains within our the Ontario Public Service
municipality. At least we will buy Employees Union, said ideally there
temporary relief for less than $3,000, should be 90 full-time staff members
and Zurich will be assessed actor- instead of the present 26 and London
dingly", Wilder added. attendants receive an "overload of
Dale Dignan's year-end bill for calls."
work he had done at the Fansville - "It's the 'rob Peter to pay Paul syn -
.Cemetery was acceptel'he $2,311.05,
yn-.Cemeterywasacceptef'he$2,311.05, drome," said Aitchison. "The
included monument removal and ministry is not.repsonding to the pro -
repositioning; landscaping, leveling blem. They're trying to cover it up.
and -seeding. A further $570 is in the They're alleviating the problem in
account to pay for marble markers. London by creating another."
Wilder praised what Dignan has done,
saying he got a commitment from The readers wrl
. council, carried it out; and has not
charged for any of his labour. Letter to the Editor, '
The interest penalty for nonpay- • The Exeter Kinette Club wbuld
ment or arrears in taxes will remain sincerely like to thank all those who
at 1 1/4 percent per month, or 15 per- bought poinsettias in our recent pro -
cent Per year. In response to a query
by Councillor Murray Keys on behalf ject to. raise money ' for Cystic
Fibrosis.
of a resident, clerk Joan Ducharme
stressed the importance of having tax., • We sold 280 poinsettias and realiz-
stressed
in the office by the ed a profit of over $450.00 which goes
deadline. the office accepts cheques directly to the Cystic Fibrosis
postmarked before the final clue date. Foundation.
but late cheques are sent back by You certainly have helped to Give
return mail with a request fora the Breath of Life to a C.F. child. We
replacement that includes the interest thank you again.
The Exeter Kineltes
charge.
Harry Strang, iRtirefl Usborne
clerk, has agreed t'o be acting clerk
Phyllis Humphreys
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