Comment 48243

By Gary Santucci (anonymous) | Posted September 26, 2010 at 07:38:51

An application to the Committee of Adjustment is $1200.00

The approval process takes a maximum of 60 days unless there is an appeal (see my previous post on this thread).

Al Fletcher states "it is the position of the City that the legal non-conforming status, once non-industrial uses occupied the space, was lost." When did this happen?
Perhaps it hinges on the city's definition of industrial. Here is a list of commercial tenants that have owned or occupied the building since it's construction in 1910; The Evel Casket Company, Reid Paper Box, Grays Printing, Industrial Filter Fabric, A greeting Card company, Delta Costume Rental, The Canadian Pearl Company(costume jewelery, a nightclub, an auction house, now a theatre and an art gallery. Every one of these tenants paid commercial taxes and continues to pay commercial taxes and have never given up on the commercial use of the building.(PERHAPS IT WAS THE GREETING CARD COMPANY IN THE 60'S)

HERE ARE THE THREE MAIN POINTS OF CONTENTION

LEGAL NON CONFORMING USE- We have always asserted our legal non-conforming use notwithstanding the zoning issues. We are prepared to demonstrate this in court.

DISCLOSURE FOR OUR DEFENCE- The City of Hamilton has refused to hand over the requested files and correspondence to support our case. This after 12 court appearances.

COURT DIRECTIVE TO SETTLE - After our latest court appearance the Judge mandated that the City meet with us to resolve the issue. The result of this meeting was the laying of a second charge of illegal use (same as the first). This second charge was presented to us by the Superintendent of By-Law enforcement at this meeting.

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