Mr. Harding summarized report COA2018-017 - Hugh and Shirley Fife. This application proposes to sever an approximately 0.72 hectare residential lot (791 Cottingham Road) containing a single detached dwelling along with an accessory building and retain an approximately 39.75 hectare agricultural lot (795 Cottingham Road) containing a single detached dwelling. Mr. Harding request the application be denied.
The Committee asked if the owners currently have a farming operation. Staff replied that the owners do not have a farm operation and therefore the proposal cannot be viewed as an application to sever a dwelling surplus to a farm operation as a result of a farm consolidation. It must be treated as a rural lot creation within a prime agricultural area. Staff further advised that the owners did not own another agricultural lot.
The Applicant/Owner Mr. Fife was present and said my family had farmed the land for decades. The family acquired the property back in the 1920's. In 1960 a second dwelling, 795 Cottingham Road was built for his parents. 791 Cottingham Road was where his grandparents lived. It was rented out in 1978 after his Grandfather passed away. His Mother lives in 795 Cottingham Road and he stated that it is her intention to live out the rest of her life there. She does not wish to remain a landlord, and would like 791 to be owned by those that are able to continue to upkeep the property. Mr. Fife said that the land has been rented to farmers for the last 25 years. The Committee asked Mr. Fife if adjoining properties are farmed. Mr. Fife replied the property to the East is.
The Committee asked Staff for clarification what defines a Bona-Fide farmer and farming operation. Staff replied a minimum farm income must be claimed and a farm Business Registration Number (FBR) obtained. This F.B.R. must be current, and the bona-fide farmer must hold sole title to another agricultural lot that the farmland will consolidate with.
The Committee stated that it believed this proposal is a unique circumstance and if we were to support this application, who would appeal. Staff replied that the Ministry of Municipal Affairs may as the proposal does not comply with the P.P.S. The Committee asked Staff if there are any hardship provisions for situations like this. Staff replied no.
After discussions the Committee agreed to defer the application to the next Committee of Adjustment Meeting on April 19th, 2018 in order to provide staff sufficient time to draft proposed conditions for provisional consent.