The Council of the Township of Whitewater Region passed a motion to reject the zoning by-law amendment to reduce the level of setback necessary to allow for a kennel license on the property located at 2249 Foresters Falls Road.
Councillor Chris Olmstead left the room for this report due to potential financial interest.
CAO Ivan Burton cited the distance from neighboring residential properties and the noise from the dogs as reasons to reject the amendment.
He also reminded the public that the report was not a public meeting and would be the final report.
He said that the property was not prime agricultural lands, but that he used guidelines for prime agricultural lands to determine their decision to reject the application.
He said he determined the kennel was a ‘secondary use’ of the dwelling, whose primary use was residential, and surrounded by active agricultural land.
“The Ross Zoning Bylaw establishes a minimum setback of 60 meters, and in the case of this application is proposing to . I feel that this setback is affecting the existing residential use.” He said. “Those setbacks are there to ensure compatibility and to ensure any impacts are mitigated, and I feel those impacts are not being mitigated.”
“Council is well aware of the engagement here.” he said. “The public meeting was a full house, and we have received numerous public feedback.”
He also said there was no mention of animal welfare in his report, which he said staff felt was “very important” and that “revisions to the bylaw will examine how we can use the ministry to ensure the welfare of the animals in our community.”
Councillor Tabbert asked if there were animals currently at the property, which CAO Burton said that there were.
“What would happen here if we vote to refuse is that we would inform the applicant, and he would have to cease operations within a certain period of time.” he said.
He said that the applicant could appeal the decision.
Councillor Tabbert said she was “concerned with the welfare of the animals if we vote to refuse this tonight.”
Councillor Bell asked if the application allowed for the land to be used for rural applications beyond the kennel, which Burton said it was already zoned for.
He asked if the applicant could apply for other amendments in the future, which Burton said he could.
“Each application would be assessed on its merits.” Burton said.
The motion to reject was carried.
