Plan of Condominium: (See Appendix A)

Site Information:

OFFICIAL PLAN	ZONING	CURRENT USE	PREVIOUS USE
Mixed Use (VeryHigh) (City CentrePlanning Area)	Commercial District 3.1 (CD3.1)	Multiple Dwelling Building(Existing)	Multiple DwellingBuilding
LOT WIDTH	LOT DEPTH	AREA	SHAPE
38.6 m	55.1 m	+/-2092 m2	rectangular
All measurements are for the entire parcel and are approximate.

Neighbourhood Characteristics:

Ouellette Avenue is a mixed use corridor, generally consisting of buildings with commercial and/or office uses on the main floor with residential dwellings above. The building fronts onto Ouellette Avenue, a Class II Arterial road. However, the parking areas are accessed from Pelissier Street.

The Transway 1A, 1C, Central 3, and the Ottawa 4 bus routes operate on Ouellette Avenue at the front of the building.

Discussion:  

Planning Analysis:

Statutory Regulations:

Under Section 9 of The Condominium Act, an owner may request approval of a plan of condominium subject to Section 51 of The Planning Act (subdivisions). As such, the usual approval process for plans of subdivision is invoked, i.e. review by municipal and provincial agencies, public notification, draft plan approval, a condominium agreement and final registration.

The Condominium Act also provides that owners can be exempted from the above mentioned Planning Act provision if the approval authority (i.e. the City of Windsor) is of the opinion that "such exemption is appropriate in the circumstances". The reasons for exemptions are not specified, but usually applicants can be exempted if the following conditions are satisfied:

1. that all municipal requirements and conditions have been addressed (for example by an approved application for rezoning and/or site plan control); and

2. that the building(s) is suitable for a condominium by virtue of design and amenities.