Consent to sever stymied by Central Manitoulin landfill

MINDEMOYA—The Municipality of Central Manitoulin held a public meeting on November 23 to consider the application to amend zoning bylaw amendment File No. 2-07ZBL – 17- 006. The application was made by the landowner David Schinbeckler who proposed a zoning amendment to fulfill a condition of a Consent to Sever to prohibit residential uses within 60 metres west of the easterly boundary of the proposed severed land.

His reason for doing so was because Raymond McPherson, chief bylaw officer (CBO) for the municipality, advised the Manitoulin Planning Board that the municipality cannot support the proposed severance of Mr. Schinbeckler’s Part Lot 26 due to the proximity to the Mindemoya landfill closed site. The site is undergoing test sampling per Ministry of the Environment and Climate Change (MOECC) guidelines and as Mr. McPherson pointed out, there may be a need for the municipality to acquire land in order to expand the ‘attenuation zone’ in order to reach compliance with MOECC regulations. The municipality cannot support the issuance of a building permit as the property is within 500m of the fill area.

In October, the municipality informed Mr. Schinbeckler that his consent application can be supported conditional on an amendment to restrict residential uses within 60 metres west of the easterly boundary of the new lot proposed. This would restrict any residential uses within 500 metres of the closed landfill site boundary.

A history of Mr. Schinbeckler’s land shows that two new lots have been created and that he proposes to sell the newly created parcel of land for farm-related residential uses. However, it appeared that the easterly 60 metres of the proposed severed land is within 500 metres of the municipal landfill site and that a condition of consent approval thus requires an approved amendment restricting residential uses within part of the proposed new lot. This land would also still be zoned as rural. If the amendment is approved as proposed, it would also have to be consistent with Section 3.0 of the Provincial Policy Statement (PPS) of 2014, Protecting Public Health and Safety, which states that development shall be directed away from areas of natural or human-made hazards where there is an unacceptable risk to public health or safety or of property damage, and not create new or aggravate existing hazards.

Councillor Dale Scott questioned the feeding and watering of animals on this land and was assured that there is no issue with the Planning Board and that the area in question is outside the 500 metre stipulation. Councillor Alex Baran questioned whether knowledge of the restricted land will be in the bylaw. “How does a future owner learn about the restrictions?” he asked. He was assured by Mr. McPherson that this information will always be on the land title.

It was recommended that the application for the zoning bylaw amendment be approved by council with the provision that the registered plan of survey is received.