This report responds to a complaint filed pursuant to Section 20 of the Development Charges Act, 1997 (the “DC Act”), relating to a development project located at 100 Thorncliffe Park Drive in Don Valley West. The development project is an expansion of the current building, which consists of a two-storey addition totalling 1,502.95 square meters of gross floor area (GFA). The complainant, 2613815 Ontario Inc., objects to the amount of development charges calculated. The complainant asserts that development charges in the amount of $400,147.13 should be refunded as all new GFA as contained within the first level of the expansion is for industrial uses. City staff have reviewed the complaint and are of the opinion that the Development Charges By-law (the “DC By-law”) was applied properly, and no error was made in the determination of the applicable development charges. Staff have reviewed the building permit application along with the documentation submitted by the complainant, and believe the expansion was correctly categorized as commercial retail use. The development does not meet the definition of industrial uses — therefore, development charges are not exempt. This report recommends that the complaint be dismissed. A decision or a non-decision of Council to dismiss the complaint may be appealed to the Ontario Land Tribunal (OLT). This report was prepared in consultation with the (Acting) Chief Building Official and Executive Director, Toronto Building, and the City Solicitor.
No projects traced to this item yet.