Development Charges Complaint - 337 Maple Leaf Drive

Additionally, the complainant claims that the existence of a building permit for construction of a detached garage issued in 1980 satisfies an implicit provision within the Development Charges By-law ("DC By-law") that development charges are not applicable to residential lots that have an existing building permit. City staff have reviewed the complaint and are of the opinion that the Development Charges By-law was applied properly and no error was made in determination of the applicable development charges. Staff believe the project falls within the definition of development under the DC By-law, requiring one or more of the actions referred to in section 415-5, namely the issuing of a permit under the Building Code Act. Where a building permit is being issued for construction of a building, it is considered a development and development charges are applicable unless an exemption applies. Where a demolition permit is issued within a 60-month period immediately prior to the date of submission of a complete building permit application with respect to a building or structure to be converted from one principal use to another principal use on the same land, the DC By-law provides for a reduction that can be applied against development charges deemed payable. As no demolition permit was issued within this 60 month time frame on the structure at 337 Maple Leaf Drive, the redevelopment reduction cannot be applied. This report recommends that the complaint be dismissed. A decision of Council to dismiss the complaint may be appealed to the Ontario Land Tribunal (OLT). This report was prepared in consultation with the Chief Building Official and the City Solicitor.