Paige Taylor's plea to keep her pet hens was ignored in Powassan's zoning amendment, passed last week.
POWASSAN – The municipality's new five-acre hobby farm designation doesn’t sit well with local Ontario Federation of Agriculture (OFA) president Mark Kunkel, despite his having voted in favour of the proposal.
Kunkel, who sits on the Powassan property adjustment committee which drafted the zoning bylaw amendments that stipulate a minimum of five acres is required for the keeping of any livestock, told the News he voted in favour of the changes in order to save the municipality money.
“At the end of the day, when the facts were in, it’s all about money,” he said.
Kunkel admits he would have preferred the municipality keep away from any acreage requirements and make decisions on where livestock are raised based on provincial government standards regarding environment and building.
“That was the right answer to the zoning problems,” he said, “because ultimately the provincial government has the last say. The government just has to deal with standards, but in the community you have to deal with the personal issues.”
During discussions around the committee table Kunkel said it was repeatedly brought forward that sticking to measurements of distance separation and nutrient management calculations “meant each site would require a staff visit and someone has to pay for staff time,” he said. “I didn’t want to see something implemented that would cost the municipality money.”
Powassan deputy clerk Nicky Kunkel estimates that it would take two to three hours of her time and the building inspector’s time to review each and every property, had the bylaw not been amended to include a standard five-acre requirement.
“The owner of the property would typically pay someone, probably a surveyor, to do the measurements. But then municipal staff has to go over those and punch the formula into the computer to see if it works,” the deputy clerk said. “These are provincial standards. The province sets them, but expects the municipality to pick up the costs. Even if a property owner could get the Ministry of Agriculture to pick up the costs of the measurements, we would still have to review them.”
Mark Kunkel said that the real issue, “is not so much the new hobby farm classification as how the municipality will enforce — and why it will enforce — the bylaw amendments.”
Councillor Gerry Giesler, who also helped draft the hobby farm classification, added that those on smaller parcels of land, “can apply for a minor variance so that should eliminate concerns of those on less than five acres of land. In the case of someone who wants a few farm animals as pets, if the land use has minimal impact on the neighbours, then there should be no complaints and therefore no action required by the municipality. I would also like to point out that this bylaw will only affect those residents that want to have farm animals as defined in the farm definition. Gardens and house pets are not included,” he said.
Giesler has also maintained from the start of the contentious five-acre debate, that “we are not going out looking for violations. It’s like driving 110 in a 100 km zone, if you don’t get caught, then you’re not guilty.”
The new bylaw does not grandfather, nor consider any existing uses of property under the five-acre minimum.
As for what now happens to Paige Taylors 10 chickens, “council will be meeting shortly to discuss that,” said the deputy clerk who admits that, according to the letter of the zoning bylaw amendments, “the chickens have to go.”
What originally started out as a complaint from Taylor’s neighbours has now escalated into a lawsuit with a statement of claim dated Feb. 7, 2008 from Irwin and Patricia Brush against the Corporation of the Municipality of Powassan, Dan Taylor (Paige’s grandfather who owns the one acre property),William Taylor and Tammy Taylor. Paige’s father Bill would not comment on the passage of the zoning changes on advice of his lawyer, as the chickens are one of a list of complaints cited in the court document.
Editorial
