Northern Light
Superstar
It's their property and business to operate as they see fit, within legislation. They own the taxes, construction/maintenance costs, liability, etc. If you live near a subway stop, is your driveway fair game? If the presence of a private parking lot near a transit hub is that publicly important, I'm sure they'd be willing to lease part of it.
Well, yes........to a point.
But as @reaperexpress just noted above, municipalities in Ontario do in fact have wide-ranging authority of your or anyone's private property, and that extends well beyond zoning and site plans.
Fence-by laws govern placement and height; rules govern drive way widths and turning radii; and by-laws can require permeable areas and stormwater management etc etc.
Just because one owns property does not give one carte blanche on how to use it or maintain it.
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Also, merely because one may be permitted to do something, does not mean one ought to do that thing.
Does antagonizing a portion of one's customer base really serve the interest of the retailer? Perhaps, but I would be cautious in drawing that conclusion.
I think the value of being perceived to be a good corporate citizen should likely outweigh any marginal costs associated with greater pedestrian use of their parking lot, in this case.
As also noted, there are other ways to address all-day parking that may pose a challenge to the business.
The town certainly needs to be accorded some blame for what it did not secure in the approvals process.
But it also doesn't look great on the business either.
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