Official Plan Amendment and Rezoning Application UDOZ-99-02 -

Brown Dryer Karol (on behalf of Quadrant Dental Technologies Inc.)

- 181 Finch Avenue West - North York Centre

The North York Community Council, after considering the deputations and based on the findings of fact, conclusions and recommendations contained in the following report (June 24, 1999) from the Acting Director, Community Planning, North District, and for the reasons that the proposal is not an appropriate use of lands, recommends that:

(1)the application submitted by Brown Dryer Karol (on behalf of Quadrant Dental Technologies Inc.) regarding Official Plan Amendment and Rezoning Application for 181 Finch Avenue West, be refused;

(2)the intent of the Central Finch Area Secondary Plan to limit the range of non-residential uses allowed in the Mixed Use land district to those specified in Part D.12, Section 2 of the Official Plan, be reaffirmed; and

(3)since the proponent appealed his own development application to the Ontario Municipal Board last April and a hearing date is anticipated in the very near future, prior to Council's meeting scheduled for September 28, 1999; the City expeditiously retain an outside planning consultant to defend Council's decision at a maximum cost of $10,000.00.

The North York Community Council reports having held a statutory public meeting on July 15, 1999, with appropriate notice of this meeting, in accordance with the Planning Act.

The North York Community Council submits the following report (June 24, 1999) from the Acting Director, Community Planning, North District:

Purpose:

This is the final report on an application to amend the Central Finch Area Secondary Plan and the Zoning By-law to permit the construction of a two storey dental lab with grade related accessory administrative offices at 181 Finch Avenue West.

The applicant has requested the referral of its Official Plan Amendment application and has appealed its Rezoning and Site Plan Approval applications to the Ontario Municipal Board. A Board hearing date is anticipated within three months.

The report recommends that the application be approved subject to conditions.

Recommendations:

It is recommended that the application be approved and that:

(1) Notwithstanding the CFMU-1 designation of the lands known municipally as 181 Finch Avenue West, the Central Finch Area Secondary Plan be amended so as to include a site-specific policy for the lands to permit a dental laboratory which operates as a custom workshop making limited quantities of prosthetic dental appliances, with accessory office uses, provided that the maximum gross floor area does not exceed 522.48 m².

(2)The R4 zoning on the site be amended to a C4 exception zone with the following exceptions:

DEFINITIONS

(a) "dental laboratory" shall be defined as a "custom workshop" which produces prosthetic dental appliances in which the minimum gross floor area per employee is 43 m².

PERMITTED USES

(b)the only permitted use shall be a "dental laboratory" with an accessory office use;

EXCEPTION REGULATIONS

GROSS FLOOR AREA

(c)the maximum gross floor area shall be 522.48 m²;

BUILDING HEIGHT

(d)the maximum building height shall be 8 metres or 2 storeys, whichever is the lesser;

PARKING AND LOADING REGULATIONS

(e)notwithstanding Section 6A(2) of the Zoning By-law, only 11 parking spaces need be provided on the lands, including one space which is provided for the use of couriers;

(f)notwithstanding Section 6A(16) of the Zoning By-law, no loading spaces need be provided on the lands;

LANDSCAPING REQUIREMENT

(g)(i)a minimum 1.5 metre landscape strip shall be provided on the lands, along the rear property line; and

(ii) a minimum 1.0 metre landscape strip shall be provided on the lands, along each of the side property lines;

(3)The applicant be required to meet the conditions of Works and Emergency Services, Transportation Services as set out in Schedule E of this report; and that the applicant be required to meet the conditions of Works and Emergency Services, Development Services, and those of Economic Development, Culture and Tourism, Policy and Planning Section, whose correspondence will be made available at the time of the Statutory Public Meeting; and

(4) Prior to enactment of amendments to the Secondary Plan and the Zoning By-law, the applicant shall have obtained Site Plan Approval for this project at 181 Finch Avenue West from the Director, Community Planning, North District, based upon revised drawings which achieve the built form objectives set out in this report.

Background:

PROPOSAL

Proposed is a dental laboratory and accessory offices within a new two storey building. The subject lands are located on the south side of Finch Avenue West between Finchurst Avenue and Senlac Road, opposite an existing commercial plaza at the corner of Finch Avenue and Grantbrook Avenue. A single family detached house currently occupies the lot. Proposed gross floor area of the building is 522.48 m² and the overall lot area is 696.77 m². Other pertinent details are listed in the following chart:

OP DESIGNATION		Central Finch Area Secondary Plan CFMU-1
CURRENT ZONING DESIGNATION		R4
USE	PERMITTED BY O.P.	single, detached and multiple-unit residential, retail and service commercial uses, offices, places of worship, public parks and recreational facilities, and institutional use
	PROPOSED	dental laboratory and accessory office use
SITE AREA		696.77 m2
FRONTAGE		15.24 m
DEPTH		45.72 m
PROPOSED SETBACKS	FRONT	3.05 m
	REAR	18.14 m
	EAST SIDE	.010 m
	WEST SIDE	.025 m
GFA		522.48 m2
FSI	PERMITTED by O.P.	1.00 total; 0.75 commercial
	PROPOSED	0.75
HEIGHT	PERMITTED by O.P.	the lesser of: 2 storeys or 8 metres
	PROPOSED	2 storeys, 8 metres

HISTORY

In April, 1997, Quadrant Dental Laboratories Incorporated submitted a rezoning application (No. UDZ-97-14) to permit a dental laboratory and offices at 142 Finch Avenue West. Following an extensive consultation process with City staff, Ward Councillors and members of the public, Quadrant decided to transfer its application from 142 to 181 Finch Avenue West. The applicant has advised that the decision to relocate was to cooperate with the developer of an adjacent residential townhouse project, and with a number of area residents who preferred to see office uses located near other office uses.

An Official Plan Amendment and Rezoning application was submitted in January, 1999 for a medical office building with an accessory dental laboratory. The applicant applied for an Official Plan Amendment given that the proposed use, a dental laboratory, is not a use which the Central Finch Area Secondary Plan specifically permits.

Originally, City staff regarded the proposal as (predominantly) a medical office with an accessory dental laboratory, as set out in the application. However, staff visits to the applicant's current business location have led to the conclusion that the proposal is predominantly a dental laboratory, with an accessory administrative office. In addition, while staff originally presumed the dental laboratory to be industrial in nature (i.e., with high-volume, repetitive manufacturing), staff observation of the applicant's current business has led to the conclusion that it functions as a small custom workshop rather than an industrial use, i.e., "a building or part of a building used by a trade, craft or guild for the manufacture in small quantities of made-to-order articles".

CURRENT OFFICIAL PLAN AND ZONING

The site is subject to the Central Finch Area Secondary Plan, and is designated CFMU-1 (Central Finch Mixed Use - One), which permits single, detached and multiple-unit residential uses, retail and service commercial uses, offices, places of worship, public parks and recreational facilities, and institutional use. "Dental laboratory" as a defined term is not included in this list.

For a solely commercial building on a lot with a frontage of less than 30 metres, the Secondary Plan permits a maximum commercial density of 0.75 FSI and a height limit of 2 storeys or 8 metres (whichever is the lesser). The proposed density of 0.75 FSI (commercial use only) conforms to the Secondary Plan, as does the proposed building height of 2 storeys (or 8 metres).

The proposed development also conforms to the 9.5 metre rear yard setback requirement set out in Section 3.1 of the Secondary Plan, the function of which is to provide adequate separation from the stable residential area abutting the property to the south.

The site is zoned R4 (One-Family Detached Dwelling Zone). A zoning amendment is required to permit the proposed uses.

COMMUNITY CONSULTATION

The proposal was presented to the community at a meeting held on March 25, 1999 at the Edithvale Community Centre. Councillors Filion and Gardner were in attendance in addition to the applicants and their agents, Urban Planning and Development staff, and Transportation staff from Works and Emergency Services.

Approximately 40 members of the community attended the meeting. The following concerns were raised:

- that the number of parking spaces proposed on the site would not be sufficient to accommodate the dental laboratory use and its employees;

- that, as a consequence, parking would spill over into the adjacent neighbourhood to the south, and also to the north side of Finch Avenue West; and

- that the existing traffic problems in the area would be augmented by this development.

The resolution of community concerns with respect to parking are discussed further in this report.

Comments:

PLANNING CONSIDERATIONS:

SURVEY OF EXISTING DENTAL LABORATORIES IN THE VICINITY OF THE SITE

When North York Community Council considered the preliminary report on this application on at its meeting of February 18, 1999, it requested that:

"(1)the Director, Transportation Services, District 3, commission an independent review of the parking requirements for the proposed use on this site; and that such review be paid for by the applicant; and

(2)the Acting Director, Community Planning, North District, as part of his final report on this application to the North York Community Council, evaluate the zoning regulations for other comparable dental laboratories of this type that are not located in an industrial zone, particularly with respect to parking."

The applicant declined North York Community Council's request to fund the independent review, and subsequently referred the matter to the Ontario Municipal Board.

At its meeting of June 9-11, 1999, City Council adopted the recommendation of the North York Community Council that:

"in the event the applicant refuses to fund the independent parking study required by Council, that the Acting Director, Community Planning, North District, and the Director, Transportation Services, District 3, undertake the parking surveys of comparable dental laboratories at the following locations: 184 Finch Avenue West; 18 Finch Avenue West; and 129 Willowdale Avenue; as directed by Council and determine, based on the results of these surveys, whether it is necessary to review the conclusions of the previous staff and applicant transportation studies regarding 142 Finch Avenue West." [Clause 22, NYCC Report No. 5, 1999]

Staff from Community Planning (Urban Planning and Development Services) and Transportation Services (Works and Emergency Services) undertook the parking survey requested by Community Council, and also added the applicant's Dufferin Street dental laboratory to the list of those surveyed.

In addition, staff gathered information about the particulars of the laboratories on each site, including zoning, descriptions of use, the approximate number of visitors per day, loading and delivery needs, hours of operation, employment statistics, and employee modal split (the ratio of drivers to users of public transit).

This information assisted staff not only in the determination of an appropriate parking standard for the proposed dental laboratory, but also in understanding and defining the use, and assessing its compatibility with other uses permitted by the Secondary Plan and in the abutting residential areas.

Staff findings are described in this report, and in the attached Schedule E (the comments of Transportation Services, Works and Emergency Services).

RELATIONSHIP OF PROPOSED USE TO SECONDARY PLAN

The proposed use is a dental laboratory, which is not a defined term in the Central Finch Area Secondary Plan. Based on staff site visits to the dental laboratories noted above, and detailed interviews with their owners, these businesses can best be described or defined as custom workshops which produce prosthetic dental appliances. A custom workshop can be considered a retail and service commercial use, which is an appropriate use under the policies of the Central Finch Area Secondary Plan.

While dental laboratories are often located in industrial areas in the former City of North York (as the applicant's business currently is) , they are also located in commercial or mixed-use areas (such as those labs surveyed at 184 Finch Avenue West, 18 Finch Avenue West and 129 Willowdale Avenue).

The nature of the product and production method were found to be similar in all the operations staff visited, whether in a commercial or industrial area. (The intensity of activity at 129 Willowdale Avenue was higher than at the other addresses, because it shared its premises with a dental supply company and a denture therapy practice, as well as a land development company).

The City of North York Official Plan and Central Finch Area Secondary Plan do not provide explicit direction on the classification (i.e. commercial or industrial) of "dental laboratory" uses or on their location.

For the purpose of clarity, the Central Finch Area Secondary Plan should be amended with a specific development policy to permit, on this site, a dental laboratory which operates as a custom workshop making limited quantities of prosthetic dental appliances , and accessory office uses, provided that the maximum gross floor area does not exceed 522.48 m².

The purpose of the proposed Official Plan Amendment is to clearly state that the proposed use is permitted as a retail and service commercial use within the CFMU-1 designation in the Central Finch Area Secondary Plan. This proposed amendment does not result in a substantive change to the intent of the Secondary Plan.

RELATIONSHIP OF PROPOSED USE TO THE ZONING BY-LAW

Zoning By-law No. 7625 does not define the "dental laboratory" use. However, it defines "custom workshop" as "a building or part of a building used by a trade, craft or guild for the manufacture in small quantities of made-to-order articles". Therefore, a "dental laboratory" can be described or defined in zoning terms as "a custom workshop which produces prosthetic dental appliances".

The by-law definitions related to manufacturing, i.e. "light metal manufacturing" and "light plastic manufacturing" are not applicable in this instance. "Light metal manufacturing" refers to metal fabrication or assembly, while metal work is not carried out in Quadrant's laboratory. "Light plastic manufacturing" presumes repetitive production by extrusion, injection moulding and coating, among other techniques, while the articles produced in Quadrant's lab are all unique, handcrafted and made-to-order. The by-law definition of "manufacturing use" (i.e. "the use of land , building or structure for the processing, assembly, storage, packaging, production, growing or making of physical goods or commodities") is also not appropriate in this instance because it does not reflect the custom, handcrafted nature of Quadrant's work.

It is recommended that the current R4 (One-Family Detached Dwelling Fourth Density) zoning on the site be amended, on the site, to a C4 (Mixed-Use Commercial) exception zone in which:

-"dental laboratory" shall be defined as a "custom workshop" which produces prosthetic dental appliances in which the minimum gross floor area per employee is 43 m²; and

-"custom workshop" shall be deemed to be a "retail service and commercial use", which is permitted under the C4 zoning designation.

A stipulation on minimum gross floor area per employee is recommended to relate to the number of parking spaces that are to be provided on the site.

COMPATIBILITY OF USE

Staff visited the applicant's business, Quadrant Dental Laboratories, and observed its production of custom crowns, bridges, and dental implants. The lab is currently located on Dufferin Street (south of Finch) and employs 12 people. Compared to other dental labs (such as that located at 129 Willowdale Avenue), Quadrant does not offer full-service production, since certain functions like metal work are contracted out.

It is noted that denture therapy clinics, which have been interpreted as "medical offices" for zoning purposes, and are thus permitted under the CFMU-1 land use designation in the Secondary Plan, often have a substantial laboratory component.

The applicant has advised that Quadrant has at most 4 or 5 visitors a day, usually dentists' patients who are referred to the laboratory for tooth colour consultation, and that there is no overlap of visits, as patients are scheduled sequentially. In contrast, denture therapy clinics, which are a permitted use, generally have many more visitors per day since they deal directly with patients (patients are not referred through a dentist).

Quadrant and the other dental labs visited by Planning and Transportation staff are subject to strict sanitary conditions, and are not "obnoxious". In other words a dental lab is not a use, which:

"from its nature or operation creates a nuisance or is liable to become a nuisance or offensive by the creation of noise or vibration; or by reason of the emission of gas, fumes, dust or objectionable odour; or by reason of the unsightly storage of goods, wares, merchandise, salvage, refuse matter, waste or other material." [Section 2.57 of the Zoning By-law].

Staff have concluded from their visits to the four dental laboratory that these uses are compatible with their surrounding uses. Therefore, permitting a dental laboratory at 181 Finch Avenue West is consistent with the Secondary Plan principle which regards mixed use areas along Finch Avenue West as "Main Street" redevelopment, comprising a mix of commercial and multiple unit residential uses.

For these reasons, a dental laboratory at 181 Finch Avenue West would be compatible with its surrounding residential and commercial uses.

PARKING

The applicant has advised that City staff that Quadrant Dental Laboratories currently employs 12 people, 4 of whom take public transit to work, and 8 of whom drive. The applicant has also advised that he expects to retain the same number of employees if he moves his lab to 181 Finch Avenue West, and to "grow" the business through increased use of computers, not by adding more staff. Given that the site is well served by public transit, the applicant expects that his employees who commute via public transit will continue to do so.

Quadrant relies on a maximum of two car drivers for delivery and pick-up, who generally do not arrive at the laboratory simultaneously, and also advises it has, at most, 4 or 5 visitors a day, who arrive sequentially rather than simultaneously.

In carrying out the parking survey requested by North York Community Council, Transportation Services staff asked the respective owners of the dental laboratories several questions related to transportation in an attempt to determine the parking demand, the utilization of parking provided (for employees, visitors and couriers). However, the parking utilization counts at each of these locations would not yield conclusive results to determine a parking ratio appropriate for a dental laboratory use, since in each case, the parking spaces designated for the lab are located within a common parking area.

The dental laboratory at 184 Finch Avenue West is on the second floor of a strip shopping plaza with common parking; the lab at 18 Finch Avenue West is in a multiple-unit office condominium building with residential apartments above, and common parking below grade; and the lab at 129 Willowdale Avenue houses several related dental businesses that share a common parking lot. The applicant's current dental laboratory, a unit in a large business complex, shares a common parking lot.

Therefore, the Director of Transportation Services for District 3 determined that the surveys of the various sites would prove more useful in reviewing and confirming the parameters set out in the transportation consultant's reports regarding 181 Finch Avenue West and the previous application at 142 Finch Avenue West. The outcome of his review of all the information from the consultants and from City staff is that the proposed parking supply of 11 spaces can accommodate the anticipated demand.

His detailed findings, and his listing of site plan issues which must be resolved, are set out in Schedule E of this report.

BUILT FORM

While the Secondary Plan encourages the consolidation of lots, it does not effectively preclude or prohibit single lot development for residential, commercial or mixed-use development. Quadrant Dental Technologies' solicitor has advised that Quadrant had pursued the purchase of the adjacent lands at 183 Finch Avenue West but were unsuccessful, leaving the applicants with the sole option of redeveloping their own lands at 181 Finch Avenue West.

The applicant will be required to comply with the built form provisions set out in Section 4 of the Secondary Plan, which include:

-locating the primary pedestrian access at grade, facing the street;

-rendering the main floor accessible from grade, and presenting windows to the street, to be achieved by locating part of the dental lab operations, an accessory office, on the ground floor fronting the street;

-providing suitable landscaping in the front yard and on the perimeter of the site, including buffering;

-providing tree preservation, appropriate exterior lighting and signage, and the appropriate location of waste storage and recycling facilities; and

-providing a building setback of 18 metres minimum from the centre line of Finch Avenue West .

In addition, to further refine the built form, the applicant should be required to submit revised plans which achieve the following:

-the creation of an appropriate massing transition and alignment to the fronts of neighbouring buildings along Finch Avenue West;

-minimizing the impact of the party walls on the east and west sides of the property, as viewed from the street and neighbouring buildings;

-a redesign of the front elevation, so that it predominates over the driveway opening by improving the opening's proportions, and developing a stronger architectural solution overall;

-a reduction of the impact of rear yard parking on adjacent properties through acceptable visual screening, and improvement of the environment of the parking lot itself by establishing:

-a 1.5 metre setback of the parking from the rear property line to provide a planting strip for trees; and

-a 1.0 metre setback of the parking from each of the side property lines to provide a planting strip for shrubs; and

-improvement of the pedestrian realm by:

-reducing of the driveway opening to a maximum of 6.1 metres; and

-submitting a landscape plan which indicates hard and soft landscape treatment, lighting and signage, and planting at the base of the building on the north and south sides, and on the public boulevard.

Conclusions:

The proposal for a two storey dental laboratory with accessory offices on the ground floor is appropriate for the Central Finch Area Secondary Plan area with respect to built form, and also with land use (as clarified by the proposed Official Plan Amendment). Approval of the Official Plan Amendment and Rezoning application is therefore recommended, subject to the resolution of site plan issues set out in this report.

Contact Name

Anne Milchberg, Senior Planner

North York Civic Centre

Telephone: (416) 395-7129

Fax: (416) 395-7155

E-mail: amilchbe@toronto.ca

(A copy of the Schedules referred to in the foregoing report is on file in the office of the City Clerk, North York Civic Centre.)

The North York Community Council submits the following communication (July 8, 1999) from the Acting Director, Community Planning, North District, and the Director, Transportation Services, District 3, forwarding additional information from the dental laboratory survey:

In response to your July 5, 1999 memorandum requesting additional information from the dental laboratory survey, attached please find the following:

1. a data chart from Transportation Services which has been revised to include survey information obtained for 4544 Dufferin Street; and

2. a chart from Urban Planning and Development Services which includes, among other data, land use information such as Official Plan and zoning designations, and gross floor areas of the dental labs surveyed.

For further information on the Transportation Services chart, please contact Pascoal D'Souza at 395-7458. For further information on the Urban Planning and Development Services chart, please contact Anne Milchberg at 395-7129.

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The North York Community Council also reports having had before it the following communications:

(i)(July 15, 1999) from Mr. George S. Belza, on behalf of several property owners in the vicinity of the application, outlining in summary fashion, certain errors and defects in the accompanying staff material recommending approval of the proposed project; requesting that the City refuse the application and oppose the proposed Official Plan Amendment and rezoning at the Ontario Municipal Board; and requesting notification of any subsequent public meeting by the City on this matter, or hearing of the Ontario Municipal Board, or adoption of any Official Plan Amendment or enactment of any Zoning By-law Amendment with respect to this application;

(ii)(July 14, 1999) from the Finch Avenue West Residents, advising of their objection to the application;

(iii)(July 14, 1999) from Margie and John Wagner, advising of their objection to the proposal;

(iv)(July 13, 1999) from Robert E. Simpson and Yvonne E. Simpson, advising of their objection to the application and requesting that the application be refused;

(v)(July 12, 1999) petition from area residents in support of the application;

(vi)(July 10, 1999) from Ms. Sylvia S.M. Lai, advising of her family's objection to the proposal;

(vii)(July 8, 1999) from the Acting Director, Community Planning, North District and the Director, Transportation Services, District 3, forwarding additional information from the dental laboratory survey;

(viii)(July 8, 1999) from Mr. William deBacker, President, Edithvale-Yonge Community Association, advising of the Association's objections regarding the proposed application;

(ix)(June 30, 1999) from Linda and Peter Schlecht, advising of their opposition to the application;

(x)(March 30, 1999) from the Supervisor, Land Acquisition and Development Applications, Economic Development, Culture and Tourism, submitting comments from the Parks and Recreation Planning Branch of the Economic Development, Culture and Tourism Department;

(xi)(February 17, 1999) from the Manager, Development Services, District 3, Works and Emergency Services, submitting comments from the Works and Emergency Services Department; and

(xii)(undated) from Mr. Wilbert Tuey, advising of his family's opposition to the application;

The following persons appeared before the North York Community Council in connection with the foregoing matter:

-Mr. Adam Brown, on behalf of the applicant, who commented on the merits of the application and stated that the applicant concurred with the recommendations outlined in the planning report, including the recommendation to limit the parking per employee. During his submission, he also indicated that the proposed use, whether it is considered a custom workshop or a dental laboratory or medical office, is appropriate for the Central Finch Area Secondary Plan area with respect to built form and also with land use. He also indicated that there are similar uses in the immediate area, none of which have had an adverse impact on the surrounding neighbourhood. In concluding, he stated that the proposed use is not a manufacturing use, does not produce any hazardous materials and should be recommended for approval.

-Ms. Christine Wade, who spoke in support of the application. She advised that she has worked with the applicant and his staff and that the type of work being done will result in low traffic activity to and from the site.

-Mr. Sharma, who spoke in opposition to the application His primary objections were with respect to the piece-meal fashion in which redevelopment along Finch Avenue is occurring and the negative impact of this development on the value of his property. In his opinion any redevelopment along Finch Avenue should be done on a comprehensive basis. He concluded by requesting that the application be refused.

-Mara Arnt, who spoke in opposition to the application and who filed a copy of her written submission. Her primary objections were with respect to precedent-setting nature of the application; ultimate erosion of the Central Area Finch Area Secondary Plan and a move to more wide-open commercial-industrial uses elsewhere along Finch Avenue. She was also concerned about the process and the insufficient time line given to individuals for the filing of written submissions.

-Mr. Santino Bellisario, who spoke on behalf Mr. William deBacker, President, Edithvale Yonge Community Association. During his submission, he commented on the concerns and objections of the Edithvale Yonge Community Association, as outlined in the written submission (July 8, 1999) filed by Mr. deBacker. In concluding he sated that the continued, primarily residential redevelopment of Finch Avenue, in conformity with the Central Finch Area Secondary Plan would be jeopardized by approval of the proposed dental laboratory custom workshop, as recommended by planning staff. He accordingly requested that the application be refused.

-Mr. George Belza, on behalf of several homeowners in the area, expressed his opposition to the application and advised that the statutory provisions of the Planning Act respecting this public meeting have not been complied with. He further advised that the true nature of the proposed development has been misrepresented in that it is not a medical office with an accessory dental laboratory but in fact a custom workshop entailing a predominant manufacturing use. He also advised that applied parking standard for a custom workshop should have been applied and is not mentioned in the final report. The staff report fails to provide a legitimate basis for approval of the Official Plan Amendment and Rezoning Application and fails to respect the understanding, by both developers and ratepayers, resulting from the consultative process on which the Central Finch Area Secondary Plan has been based. In concluding he stated that in light of the fact that the Finch Avenue lands designated Mixed Use are presently being redeveloped in an orderly, and primarily residential fashion in substantial conformity with the Plan, this application should be refused by the City and should be opposed at the Ontario Municipal Board.

-Mr. Daniel Li Chee-Ming, who advised that he is in favour of the proposed application.

-Mr. Mario G. Borsatti, who spoke in opposition to the application. His primary objections were with respect to the manufacturing nature of the operation; the negative impact of the proposed use on the value of his property and quality of life; exhaust fumes and erosion of the residential character of the neighbourhood. He was also concerned about safety hazards in light of the fact that oxygen tanks would be stored inside the premises.

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A recorded vote on the recommendations moved by Councillor Gardner, North York Centre and Councillor Filion, North York Centre, was as follows:

FOR:Councillors Mammoliti, Li Preti, Moscoe, Augimeri, Berger, Flint, Gardner, Filion, King

AGAINST:Councillors Feldman, Chong

ABSENT:Councillors Sgro, Minnan-Wong, Shiner

Carried

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 Councillor D. Shiner, Seneca Heights, declared his interest in the foregoing matter in that an associated Solicitor in the firm representing the applicant is representing Councillor Shiner in another matter.