THAT Consent Application B-13/2023, filed by Joel Gordon Robson, Jay Everett Robson, James Willard Robson in order to sever a residence surplus to a farm operation as a result of consolidation, from a lot legally described as Part of Lot 31, Concession 8 South, in the Municipality of Middlesex Centre, County of Middlesex, and municipally known as 12538 Eight Mile Road; be GRANTED;
1. That the Certificate of Consent under Section 53(42) of the Planning Act shall be given within two years of the date of the notice of the decision. The request for the Certificate of Consent shall be accompanied by a written submission that details how each of the conditions of severance has been met.
2. That the fee for the Certificate of Consent be paid in accordance with the Municipality’s Fees and Charges By-law.
3. That a draft reference plan be prepared by an Ontario Land Surveyor for the purposes of facilitating the transaction of Consent B-13/2023 and that this plan be approved by the Municipality prior to being deposited with the Land Registry Office.
4. That the Owner’s solicitor provide a Transfer in Preparation to the Municipality, together with a deposited reference plan and a Schedule describing the land to be transferred, for the purposes of the issuance of a Certificate of Consent.
5. That the Owner’s solicitor submit an undertaking in a form satisfactory to the Municipality to register an electronic transfer of title consistent with the Consent decision.
6. That the Owner enter into a severance agreement with the Municipality in order to advise future owner of the severed lot of Consent B-13/2023 of normal farm practices occurring in the area as outlined in the Farming and Food Production Protection Act, 1998, as amended.
7. That any outstanding property taxes for the severed and retained lots of Consent B-13/2023 be paid in full.
8. That, if necessary, a revised assessment schedule in accordance with the Drainage Act, as amended, be commissioned and paid for by the Owner.
9. That a Zoning By-law Amendment that recognizes the residential use of the severed lot and reduced frontage and prohibits any additional residential use on the retailed lot of Consent B-13/2023 be in full force and effect.
10. That the Owner provide confirmation that the private sewage disposal system that services the residence on the severed lot of Consent B-13/2023 is wholly contained on the said lot and that a 100% contingency area exists, to the satisfaction of the Municipality.
11. That the applicant demonstrate to the Chief Building Official that the severed lands maintains adequate access to water.
12. That the severed land requires its own entrance, address and any laneway connecting the retained and severed land shall be altered in such a way that one cannot travel from one parcel of land to the other.
13. That the hydro service for the severed lands be fully within the boundary of the proposed severed lot or be permitted to remain subject to the establishment of an easement through Consent.
14. That the agricultural buildings on the remnant parcel either be removed, or altered in such a way, through a building permit, that it would no longer be suitable for housing livestock to the satisfaction of the municipal building department, thereby ensure no compliance issues with MDS.
15. That any remaining buildings on the severed lands maintain their own hydro service wholly contained on the retained lands, if required or be permitted to remain subject to the establishment of an easement through Consent.
16. That any access between the severed and retained parcels be removed, including any driveways connecting the two parcels, to the satisfaction of the Chief Building Official or be permitted to remain subject to the establishment of an easement through Consent.
17. That an address be assigned and number erected for the retained agricultural parcel.
AND FURTHER THAT the reasons for granting Consent Application B-13/2023 include:
• The proposal is consistent with the Provincial Policy Statement;
• The proposal conforms to the County of Middlesex Official Plan and the Middlesex Centre Official Plan; and
• Subject to the conditions, the proposal would comply with the Middlesex Centre Comprehensive Zoning By-law.