The intermunicipal subdivision and development appeal board has denied an appeal by an Olds-area landowner to have a third dwelling on his property.
On June 15 the board heard an appeal in regards to the refusal of a development permit by the intermunicipal planning commission for a third dwelling on the NE 2-32-1-W5M.
At the hearing the board had to decide whether the approval of a third dwelling would be consistent with the county's land use bylaw section 9.8 dwelling density and section 11.1 agriculture district uses and site regulations.
The subject parcel is an un-subdivided quarter section that contains 157.26 acres and is zoned agricultural, the board heard.
Although the subject land is in Mountain View County, under the intermunicipal development plan between the county and the Town of Olds, the municipalities have agreed to share decision making authority for properties within the intermunicipal development area as both municipalities have a mutual interest in decisions made in close proximity to the town, the board heard.
A temporary development permit was issued in 2012 approving the accommodation of three dwellings on the subject parcel. That permit is set to expire on Aug. 17, 2017.
The temporary development permit was issued for a manufactured home placed on pilings.
"In a letter of support for the 2012 temporary permit, the applicant for the third dwelling stated that within five years the older residence on the property would be demolished, bringing the property back into compliance with the maximum number of dwelling units, which was two," the board said in the appeal decision released June 27.
"The landowner does not reside on the property and all three dwellings are currently occupied by long-term tenants. Two of the dwellings have no involvement in agricultural operations on the property, while the third dwelling provides some minor assistance with the neighbour's bison operation."
The board ruled to deny the appeal and uphold the intermunicipal planning commission to refuse the application for a third dwelling.
In its reasons for the ruling, the board said, in part, that section 9.8 of the land use bylaw states that the maximum number of dwelling units on the parcel of land greater than 70 acres is two.
