BARRHEAD - On administration's advice, County of Barrhead councillors decided to take the path of least resistance and approve a development application for a residential yard site separation.
On Feb. 6, councillors voted 6-1 to approve a 3.95-hectare (9.75 acres) yard site separation for the Mellowdale Dairy. Coun. Paul Properzi was opposed.
Development officer Jenny Bruns said the property is in an Agricultural District and, under the county's municipal development plan (MDP), typically requires residential parcels to be a maximum of 10 acres and absolutely no larger than 15 acres.
She added that the property was previously unsubdivided and contains a developed yard site, a permanent and secondary temporary dwelling, various outbuildings, and a confined feeding operation, i.e., a dairy.
Bruns noted the issue is the property owner started construction on another permanent dwelling on the property without prior development approval or permitting as required under the land-use bylaw.
"The only way to remedy this and put them back into compliance is a subdivision, and once that is completed, they will also need a development permit," she said.
Bruns said the proposed parcel meets the requirements of the land-use bylaw and the MDP and that access to the property would be via Highway 769.
However, she said Alberta Transportation has requested a 30-metre service road caveat, and all approaches must meet provincial standards.
Bruns added that while wetlands were on the property, a suitable building pocket at the back existed enough for the owner's plans.
The other conditions, Bruns said, as per the county requirements, is that a private septic inspection would be required with a real property report stating that sewage is far enough away from the new residence and the other buildings and that the tax roll is up-to-date.
Reeve Doug Drozd asked about water, saying there is an intensive agricultural operation, i.e. the dairy and two, soon to be a third household.
"I don't believe the aquifer in the area isn't that good," he said.
Bruns replied she did not know, but that was out of the county's jurisdiction, saying if there were water issues on the property, it would be up to the landowner to solve them.
Deputy reeve Marvin Schatz said if the landowner had followed the appropriate process, they would have only been allowed a five-acre residential separation.
"So why are we giving them [close to 10] now?" he asked.
It was a question, Coun. Paul Properzi also wanted an answer.
Bruns replied that she looked to the county's peace officer and their municipal planner, and they suggested getting them into compliance was the best option.
"It was suggested that the county get them into compliance and let [the property owner] deal with the consequences that they cannot take out other buildings in the future," she said. "Because going through the process of removing that building would come at a significant cost to the county."
Farmstead separations
Councillors also approved two farmstead separations, one for 6.07 hectares (15 acres) near Township Road 570 near the Lac Ste. Anne border and one for a similarly sized 6.07 (15.2 acres) near the county's southern border, approximately 1.6 kilometres north of Highway 654.
