July 13, 2020
Development & Heritage Standing Committee
Item 7.3
Additional Information

Development and Standing Committee

RE: File Number ZNG/6057 Z-007/20 525 & 535 Cabana Rd East

I am submitting this objection to the development and standing committee on behalf of the residents located on Bedford Court. An application to amend the zoning by-law 8600 has been submitted by the applicant Rosati Construction to allow additional uses of restaurant and take out restaurant.

Our previous experience with a similar issue was on a property located next door to this site. The applicant at the time Club Malibu first presented themselves as a cafe. Once they obtained a liquor license the name changed to Club Malibu Bar and Grill. They added live music and operated until late hours compromising our quality of life. Music, loud patrons and vehicle traffic operating late into the evening could be heard from inside our homes. It became unbearable.

This was greatly affecting our quality of life providing great deals of stress and anxiety.

Our only salvation came when one of the tenants located in the plaza, a dental office, purchased the property and did not renew them as a tenant.

The zoning and restrictions that are placed on this site were agreed to after numerous city counsel meetings and ultimately brought to the Ontario Municipal Board where an agreement was finally reached by both parties involved. The minutes of settlement OMB file number is PL080534.

The applicant has since purchased the property from the owner identified in the minutes of settlement.

When the applicant purchased the property, they were very well aware of the zoning by-law and restrictions that were in place on this application and I assume their purchase decision and negotiated price took that into consideration.

At this time, they want to amend the permitted use contrary to what has already been agreed upon by all parties. Considerable time and money have already gone into the agreement and we are opposed to amending the designated usage.

Minor alterations such as building design, roof style or material used could be mutually agreed upon but the permitted uses other than for professional offices and or services should be not be a consideration.

We find it disheartening that we are once again faced with this problem and are looking to the committee to uphold what already has been negotiated and agreed upon.

Thank you,

Al Bertoia