Town council is not commenting on an application to exclude a parcel of land (at 1015 Fairview Road) from the Agricultural Land Reserve.
Last week councillors reviewed the applicant’s proposal to exclude approximately 2,740 square metres from the ALR.
Planner Christopher Garrish said the applicant advised that the exclusion will not negatively impact agriculture “because the property is not capable of generating enough income to live on.”
Approximately one-third of the property is covered by buildings and improvements (single detached dwelling and a garage and shed).
In addition, the property has previously been serviced by the Town for increased density.
The applicant (Jose Andre) noted that the subsequent subdivision of this parcel (if excluded) would not be inconsistent with this pattern of development.
Under the Official Community Plan, the property is designated as low density residential and zoned “agriculture.”
Town staff recommended that council support the proposal, authorizing it to proceed to the Agricultural Land Commission for a final decision.
But staff noted that the commission refused to exclude the property in 2010 because the application was inconsistent with preserving agricultural land.
Neighbouring farmer Joe Machial expressed some concerns regarding the exclusion (for the purpose of subdividing the property).
Machial said the property has an easement allowing Andre to access the Town’s sewage system through the Machial property.
“Allowing multiple lots access through my property is unacceptable. It would likely lead to conflicts over when and how my property is accessed, negatively affecting my farming operation.”
Machial said he would only support the exclusion application if he is guaranteed that any sewage connection would not impact his property.
Machial also raised a concern about liability issues with the new lots regarding his farm practices such as spraying.
“While Jose Andre respects my right to farm, there is no guarantee that future property owners would.”
Councillor Jack Bennest said he was not prepared to approve the application, but “I believe that every application should have its day with the commission.”
Council reserved comment but agreed to forward the application to the Agricultural Land Commission.
Lyonel Doherty
Oliver Chronicle
