ALMA – Mapleton council has made an example out of a local contractor operating a business on prime agricultural land without the proper zoning.
Rejecting an application for a zoning bylaw amendment application to allow J.M. Building Contractors to continue operating on prime agricultural land at 7433 Wellington Road 7 in Alma earlier this week, Mapleton councillors said this decision follows the township receiving complaints about the contracting business using a second dwelling on the property without the necessary permissions for several years.
Coun. Michael Martin said "trust issues around the information provided" were a key factor in council's decision.
"For me, if this gets approved I don't know how we're ever going to deny something moving forward," said Martin, who later proposed an amendment to deny the application. "We have some of the best farmland in the country here in Mapleton and quite frankly if we don't protect the integrity of it, I'm not sure who's going to."
According to staff, the owner and applicant John Horst first applied to build a contractor construction business on his lot in 2019 but was denied because it didn't meet provincial policies.
The application returned to the committee of adjustment in 2020 when it was conditionally approved after Horst said the building was not for business use.
Martin said he believes "the goal all along" has been to establish a business on the property and called it a "prime example" of "say what you need to get it built."
Agreeing with Martin, Coun. Marlene Ottens said she's always willing to work with people who have made "honest mistakes" but doesn't feel the township should reward any application "done with the intention of deceiving us in the first place."
"I really don't like to reward that because as Coun. Martin alluded to where does it stop? Then everyone can do what they want and ask for forgiveness later and that's not how we want to run a township and that's not how we want our businesses to run," said Ottens. "I mean then anyone can build beside your business and your home too and say whoops, didn't know, didn't mean it, it's my lawyer's fault."
Delegating in support of the zoning bylaw amendment, Horst asked council to use a provision of the Provincial Planning Policy to consider supporting their business and allow the business to continue as it has for the last couple of years during the meeting.
Horst's delegation was supported by one of his customers, Angela Becker, who said the building is barely noticeable and "blends into the community."
"We are a family-owned business offering our services to the surrounding community and creating several job opportunities in the community," said Horst, addressing council during his delegation. "We recognize our duty to pay the (outstanding) industrial taxes and development charges. The property with the existing building fits well into the rural community."
Acknowledging Horst's efforts not to interfere with neighbouring farms and their farming efforts, former WFA president Janet Harrop delegated to council to oppose the application as they're concerned about neighbouring farm's ability to expand.
"This has nothing to do with the merit of the business, what they contribute to the community, it's really just around land use and the agricultural land use and looking into the future," said Harrop.
Planner Linda Redmond said she's reached out to the two farms that would be impacted but has not heard from either. In 2020, a neighbouring barn applied for a minor variance to allow their barn to expand closer to the Horst residence.
Isabel Buckmaster is the Local Journalism Initiative reporter for GuelphToday. LJI is a federally-funded program.