Raise the Hammer

Gary - I think there are some keys definitions that need to be clarified here. For the benefit of your case.

Many of the uses you listed since 1910 would most certainly qualify as commercial - many are also industrial. These definitions have changed numerous times since 1910 as our understanding of what industrial and commercial are. A printing or box making company in the 1930s would most certainly qualify as industrial due to the processes and handling restrictions of chemicals at that time. We've found this at numerous properties.

The shift begins when the costume rental company comes into the mix as this is when general public may have begun having access to the space. Prior to that the occupants would have been primarily the workers - therefor a controlled environment being exposed to the chemicals and potential hazards.

My understanding is that the major shift happens when the Pearl moves in and introduces a theatre, living space and retail space (the gallery. These are three distinct zonings - residential, retail and public assembly. Not that I don't think these should allowed to mix when appropriately divided and such (as with the Pearl - ref: spinklers in good working order, separate entrances, etc..).

The biggest issue is the performance space from my understanding. This brings the added volume of patrons which merits the parking. This brings the regular alcohol permits which merits a LCBO process. Its the scheduled and primary business model being based on live performance that seems to be the biggest issue.

Can this be altered by doing fewer (less regular) performances?
-possibly but this my also effect the viability of the business
Could that be augmented with revenue from other types of uses that do fit the zoning (ie live/work studios)
-possibly but again changes the vision of the Pearl

Just throwing out ideas.

Maybe you can help everyone understand a little more be providing the definitions of the zoning which you and the City are in dispute about.
The more specific the better so everyone can see where the exact issue lies.

Clearly it's not with the community benefit - so maybe it wordsmithing and getting down to specific definitions that's holding this back.

Jeremy