On or about November 7, 2018, the City issued an Order to Comply against our client for undertaking the construction of a truck storage facility prior to obtaining site plan approval, contrary to By-Law 1-2004. Since the commencement of these proceedings, we have been working with the City to achieve compliance, including submitting a fresh site plan application and completing the outstanding conditions imposed by the site plan approval officer in the initial application. The City agreed that during this process, our client would be allowed to continue operations at the Property until a final determination is made regarding the proposed use of the Property.

As this matter has been ongoing well before City Council passed the ICBL on June 3, 2019, we believe that the use of the Property as a transport terminal and truck storage facility is not inconsistent with the spirit and intent of the ICBL, and that the subject lands ought to be exempt from the operation of the ICBL. As aforementioned, our client has been working with the City to obtain proper site plan approval for some time, and therefore, practically speaking, the proposed transport terminal is not new and should not be halted pending the City's planning study which necessitated the imposition of the ICBL.

Moreover, as stated in a Staff Report to Council dated May 16, 2019, one of the main purposes of the City's planning study is to ensure that a transport terminal is not detrimental to surrounding existing and potential land uses. The subject lands are located in a manufacturing district that is consistent with our client's proposed use of the subject lands, and therefore the risk that the proposed use is detrimental to surrounding areas is minimal. In any event, this is a determination that can properly be the subject of the site plan application that our client is in the process of completing.

Finally, should the request for an exemption from the ICBL be denied, our client will effectively be forced to shut down its business, which would render the Property inactive. We submit that the exemption from the operation of the ICBL will allow our client to maximize the use of the Property while having little to no detrimental impact on surrounding properties.

For the aforementioned reasons, we therefore request that the City grant an exemption from the operation of the ICBL to the Property, as the ICBL will disrupt the application process and be of great prejudice to our client's business and the use of the Property.

All of which is respectfully submitted.

Yours truly,

McTAGUE LAW FIRM LLP

BRIAN L. CHILLMAN

BLC