Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 1, 2025
CASE NO(S).: OLT-25-000049
PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: City of Mississauga
Applicant: 1181482 Ontario Ltd.
Subject: Minor Variance
Description: To permit the development of a self-storage facility
Reference Number: A541.24
Property Address: 7091 Hurontario St
Municipality/UT: City of Mississauga/Regional Municipality of Peel
OLT Case No.: OLT-25-000049
OLT Lead Case No.: OLT-25-000049
Heard: March 27, 2025 by Video Hearing
APPEARANCES:
Parties
Counsel
1181482 Ontario Ltd. ("Applicant")
Gerard Borean
City of Mississauga ("Appellant")
Baiqing Luo
MEMORANDUM OF ORAL DECISION DELIVERED BY STEVEN T. MASTORAS ON MARCH 27, 2025, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This matter was the subject of an appeal pursuant to s. 45(12) of the Planning Act ("Act") ("Appeal"), by the City of Mississauga ("City" / "Appellant") of a Committee of Adjustment ("COA") decision approving four variances ("Variances"), submitted by 1181482 Ontario Ltd., ("Applicant") associated with lands municipally known as 7091 Hurontario Street ("Subject Property").
2Originally scheduled as a one-day Merit Hearing, the Parties recently advised the Tribunal, on consent, that they have achieved a settlement ("Settlement"). As a result, the Tribunal was asked to approve the terms of the Settlement and allow the Variances. This would ultimately facilitate the development and construction of a self-storage facility, on a vacant portion of the Subject Property, while maintaining an existing automotive use on the Subject Property.
3Evidence presented at the Hearing, on consent, included the following:
- Exhibit 1 - Book of Documents (March 17, 2025);
- Exhibit 2 - Witness Statement of Allan Ramsay, Curriculum Vitae, and Acknowledgement of Experts’ Duty, (March 21, 2025); and,
- Exhibit 3 - Draft Order, with Schedule "A".
4The Tribunal noted that a City Planning Staff Report to the COA dated December 9, 2024, outlined its support of the Variances and the COA decision in support of the Variances, dated December 12, 2024 (Exhibit 1, Tabs 8 and 9), respectively. Parties also confirmed that the City Council resolution supporting the appeal of the COA, was dated January 9, 2025 (Exhibit.1, Tab 10).
5Notice of this Hearing was properly circulated by the Tribunal.
THE VARIANCES
6The original variances sought by the Applicant to allow the construction of a new building are included below:
- A self-storage use whereas By-law 0225-2007, as amended, does not permit a self-storage use in this instance;
- A minimum length of the front lot line to be occupied by a first storey street wall of 36.85% whereas By-law 0225-2007, as amended, requires a minimum length of the front lot line to be occupied by a first storey street wall of 80% in this instance;
- A minimum area of the first storey street wall that shall contain glazing of 32.07% whereas By-law 0225-2007, as amended, requires a minimum area of the first storey street wall that shall contain glazing of 75% in this instance;
- A minimum distance from a loading space to a street of 89.40m (approx. 293.31ft) whereas By-law 0225-2007, as amended, requires a minimum distance from a loading space to a street of 10.00m (approx. 32.81ft) in this instance;
- A maximum setback of a first storey street wall to a street of 20.8m (approx. 68.2ft) whereas By-law 0225-2007, as amended, permits a maximum setback of a first storey street wall to a street of 5.0m (approx. 16.4ft) in this instance;
- A minimum area of the first storey street wall that shall contain glazing of 32.07% whereas By-law 0225-2007, as amended, requires a minimum area of the first storey street wall that shall contain glazing of 50% in this instance; and,
- A maximum setback of a first storey street wall to a street of 20.8m (approx. 68.2ft) whereas By-law 0225-2007, as amended, permits a maximum setback of a first storey street wall to a street of 5.0m (approx. 16.4ft) in this instance.
7At the COA meeting of December 12, 2024, the Applicant was permitted certain amendments to the Proposal, and the COA approved the Variances, as follows:
- A self-storage use whereas By-law 0225-2007, as amended, does not permit a self-storage use in this instance;
- A minimum length of the front lot line to be occupied by a first storey street wall of 36.85% whereas By-law 0225-2007, as amended, requires a minimum length of the front lot line to be occupied by a first storey street wall of 80% in this instance;
- A minimum distance from a loading space to a street of 89.40m (approx. 293.31ft) whereas By-law 0225-2007, as amended, requires a minimum distance from a loading space to a street of 10.00m (approx. 32.81ft) in this instance; and,
- A maximum setback of a first storey street wall to a street of 20.8m (approx. 68.2ft) whereas By-law 0225-2007, as amended, permits a maximum setback of a first storey street wall to a street of 5.0m (approx. 16.4ft) in this instance.
LEGISLATIVE FRAMEWORK
8As this is a de novo Hearing in accordance with s. 45(18) of the Act, the Tribunal must be satisfied that the Variances meet all of the four tests under s. 45(1) of the Act. The tests are whether the variances:
i. maintain the general intent and purpose of the Official Plan; ii. maintain the general intent and purpose of the Zoning By-law; iii. are desirable for the appropriate development or use of the land; and iv. are minor.
9The Variances must also be consistent with the Provincial Planning Statement 2024 ("PPS 2024"), and the Tribunal must have regard to matters of provincial interest set out in s. 2 of the Act. The Appeal must conform to the Region of Peel Official Plan ("ROP"), the City Official Plan ("COP"), and it must also have regard to the decision of the COA and the information considered by it, as required under s. 2.1(1) of the Act, though it is not bound by that decision.
SUBJECT PROPERTY AND SURROUNDING AREA
10The Subject Property is located along the east side of Hurontario Street, north of Derry Road, south of Highway 401, and is within the City-designated Gateway Corporate Centre. It is an irregularly shaped lot with a total area of 1.95 hectares, with a frontage of 223 metres along Hurontario Street. The existing site consists of a single-storey, multi-tenant, motor vehicle service station with automotive repair facilities, expected to continue its operations. This existing automotive facility represents a total floor area of 855 metres squared with a 0.04 Floor Space Index ("FSI").
11The portion of the Subject Property within the south end, is the area proposed to be developed for the purposes of a storage facility and is also adjacent to a Hydro corridor to the north and east of the Subject Property along the property line.
12There are a variety of different surrounding uses consisting of mixed office and employment uses with office buildings in the two to seven storey range, a four storey hotel directly across the Subject Property, and other vacant and brownfield industrial sites, all along a new Light Rail Transit ("LRT") line currently under construction, expected to run from Port Credit, north to Steeles Avenue, with an LRT located at Derry Road.
THE SETTLEMENT
13The proposed development ("Proposal") and Settlement details between the Parties (March 14, 2025), were presented by Allan Ramsay, Principal, at Allan Ramsay Planning Associates Inc., retained in December 2024, who was duly qualified as an expert in Land Use Planning, who provided his witness statement (Exhibit 2) and oral testimony before the Tribunal.
14Mr. Ramsay outlined in detail, the scope and scale of the Proposal (Exhibit 2, paras. 16-20) and in oral testimony, at a high level, confirmed that the Variances, as amended, met the respective statutory tests, and asserted that the additional two conditions referenced below in paragraph [17] are appropriate, in the present circumstances. Mr. Ramsay stated that these conditions better reflect the objectives of the City, in its efforts to ensure that employment space is available in the Proposal, and that pending Site Plan approval requirements, will satisfy these and all other objectives that were set out by the City.
15More specifically, Mr. Ramsay confirmed through his overall planning analysis, and written/oral evidence, that the Subject Property is well-suited for such a project. Mr. Ramsay stated that the Proposal represents orderly and safe development, which reflects a high-quality of Urban Design in an area that needs new economic investment, and underutilized vacant sites, tied to current and future City transit initiatives.
16Mr. Ramsay stated that the Proposal achieves the City’s efforts to encourage high-density employment opportunities along with this City-designated Corporate Centre and Gateway Corporate Character Area policies (Exhibit 2, para. 75). He reiterated that the Settlement more appropriately reflects City Council’s objectives, with the two conditions agreed upon by the Parties. This was further reinforced during closing remarks from Counsel for the City.
17Mr. Ramsay summarized by stating that the Tribunal should approve the Settlement, allowing the appeal, in part, and amend the COA’s decision by adding the following conditions, by Order of the Tribunal:
- A minimum of 20% of the Gross Floor Area of the proposed self-storage building shall be used for office space; and,
- The proposed self-storage building shall be constructed substantially in accordance with the draft site plan, front elevation plan, and glazing plan.
18Mr. Ramsay further reiterated that the Site Plan process will allow for improved design at-grade, improved traffic circulation, and will achieve more than the minimum height threshold preferred by City planning, with a well-designed, three-storey building. Additionally, he asserted that there is conformity with the COP regarding Urban Design, and that the combined 0.8 FSI, including the adjacent automotive use, maintains the general purpose and intent of the City’s Zoning By-law.
19Finally, Mr. Ramsay concluded that the Variances, individually and collectively, meet the requirements of s. 45(1) of the Act, have regard for s.2 of the Act, is consistent with the PPS 2024, and conforms with the ROP, the COP. His uncontested recommendation to the Tribunal was to allow the Variances, in part, with the two conditions, properly reflected in the Settlement between the Parties.
FINDINGS AND CONCLUSIONS
20Based on the uncontroverted written and oral submissions from Mr. Ramsay, the Tribunal determined that the Settlement merits support, and the subject Application and related Variances, as amended, achieve the following:
i. maintains the general intent and purpose of the Official Plan; ii. maintains the general intent and purpose of the Zoning By-law 0225-2007; iii. is desirable for the appropriate development or use of the land; and iv. is minor.
21The closing submissions from Counsel for the City, provided the Tribunal with important additional rationale for the City Council-driven appeal of the COA decision, based on the City’s desire to achieve a higher density for employment opportunities. This included the 20% office component, improved pedestrian-friendly Urban Design, with an enhanced focus on this very important Corporate Centre and Gateway Corporate Character Area, as it evolves along a major transit corridor.
22In conclusion, the Tribunal accepts the Land-Use opinion evidence of Mr. Ramsay, as presented in written and oral testimony, and similarly finds that the subject Application, as revised, has regard to those applicable matters of provincial interest found in s. 2 of the Act; is consistent with the PPS 2024; conforms to the ROP and COP; City Official Plan; has given appropriate regard to the decision of the COA; and represents good planning in the public interest.
ORDER
23THE TRIBUNAL ORDERS THAT the Appeal is allowed, in part, and the Minor Variances to Zoning By-law 0225-2007, in the City of Mississauga, are authorized for the Subject Property as follows to allow the construction of a new building:
- Variance 1 - to allow self-storage use whereas By-law 0225-2007, as amended, does not permit a self-storage use;
- Variance 2 - to permit a minimum length of the front lot line to be occupied by a first storey street wall of 36.85% whereas By-law 0225-2007, as amended, requires a minimum length of the front lot line to be occupied by a first storey street wall of 80%;
- Variance 3 - to permit a minimum distance from a loading space to a street of 89.40m whereas By-law 0225-2007, as amended, requires a minimum distance from a loading space to a street of 10.00 m; and
- Variance 4 - to permit a maximum setback of a first storey street wall to a street of 20.8 m whereas By-law 0225-2007, as amended, permits a maximum setback of a first storey street wall to a street of 5.0 m.
24THE TRIBUNAL FURTHER ORDERS THAT the following conditions required of the Applicant or other owner shall include that:
- A minimum of 20% of the Gross Floor Area of the proposed self-storage building shall be used for office space; and,
- The proposed self-storage building shall be constructed substantially in accordance with the draft site plan, front elevation plan, and glazing plan, as set out below in Schedule "A".
25The Tribunal remains available, should there be any issue requiring further assistance.
"Steven T. Mastoras"
STEVEN T. MASTORAS
MEMBER
Ontario Land Tribunal
Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal ("Tribunal"). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.
Schedule A
material herein remains property of the architect noted below.
Giancarlo Garofalo Architect Inc.
943 St. Clair Ave.
West Toronto,
Ontario M6C 1C7
t: 416.531.1265
f: 416.531.4733
THE GENERAL CONTRACTOR SHALL REPORT AND VERIFY ALL DIMENSIONS AND REPORT ERRORS AND OMISSIONS TO THE ARCHITECT. DRAWINGS MUST NOT BE SCALED.
THIS DRAWING SHALL NOT BE USED FOR CONSTRUCTION PURPOSES UNLESS COUNTERSIGNED BY:
BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB
Consultant
Address
Address
Phone Fax
No.
Description
Date
1
ISSUED FOR REVIEW
2024/03/25
2
ISSUED FOR REVIEW
2024/06/18
3
ISSUED FOR REVIEW
2024/08/20
4
ISSUED FOR REVIEW
2024/10/17
5
ISSUED FOR REVIEW
2025/02/28
6
ISSUED FOR REVIEW
2025/03/14
Proposed Self- Storage Building
PROPOSED
DRAFT ELEVATION
Project number
Date
MAR 2024
Drawn by
H.P.
Checked by
G.G.
DE4
Scale
as noted
Giancarlo Garofalo Architect Inc. www.ggarchitect.ca
43 St. Clair AYe. :eVt Toronto, Ontario M6C 1C7
t: 416.531.1265
f: 416.531.4733
PROPOSED DRAFT FRONT RENDERING
S+O:ING PROPOSED G/A=ING
7 1 +8RONTARIO ST, MISSISSA8GA
material herein remains property of the architect noted below.
Giancarlo Garofalo Architect Inc.
943 St. Clair Ave.
West Toronto,
Ontario M6C 1C7
t: 416.531.1265
f: 416.531.4733
THE GENERAL CONTRACTOR SHALL REPORT AND VERIFY ALL DIMENSIONS AND REPORT ERRORS AND OMISSIONS TO THE ARCHITECT. DRAWINGS MUST NOT BE SCALED.
THIS DRAWING SHALL NOT BE USED FOR CONSTRUCTION PURPOSES UNLESS COUNTERSIGNED BY:
BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB
Consultant
Address
Address
Phone Fax
No.
Description
Date
1
ISSUED FOR REVIEW
2024/03/25
2
ISSUED FOR REVIEW
2024/06/18
3
ISSUED FOR REVIEW
2024/08/20
4
ISSUED FOR REVIEW
2024/10/17
5
ISSUED FOR REVIEW
2025/02/28
6
ISSUED FOR REVIEW
2025/03/14
Proposed Self- Storage Building
PROPOSED
DRAFT ELEVATION
Project number
Date
MAR 2024
Drawn by
H.P.
Checked by
G.G.
DSP1
Scale
as noted