HomeMy WebLinkAboutFCS-11-158 - Refreshment Vehicle Location - 385 Fairway Rd S.pdREPORT TO:Finance and Corporate Services Committee
DATE OF MEETING:
August 15, 2011
SUBMITTED BY: R. Gosse, Director of Legislated Services/city Clerk, 2809
PREPARED BY:
Patricia Harris, Manager of Licensing, 2854
WARD(S) INVOLVED: 3
DATE OF REPORT: August 3, 2011
REPORT NO.:
FCS-11-158
SUBJECT:
APPEAL - REFRESHMENT VEHICLE LOCATION - 385
FAIRWAY ROAD SOUTH
RECOMMENDATION:
That the request of Rumen Yankov to operate a refreshment vehicle at 385 Fairway Road
South be ___________.
BACKGROUND:
By-law 2011-100 (Refreshment Vehicles) requires a 200 metre distance separation between a
Class A refreshment Vehicle and a Place of Refreshment and a 400 metre distance separation
between two Refreshment Vehicles. The Manager of Licensing must refuse to issue a licence if
the minimum distance separations are not met, however a licence may be issued if there are no
objections from established Places of Refreshment. If there is an objection the matter is to be
referred to Council for a decision as to whether a licence should be issued.
REPORT:
A request has been received from Rumen Yankov who wishes to operate a refreshment vehicle
in front of the Canadian Tire store, 385 Fairway Road South (see attached map). Mr. Yankov
has received permission from the owner of the property and, from 2006 to 2009 there was a
licensed Refreshment Vehicle located at this property. It should be noted that during this time,
no objections were received with respect to a refreshment vehicle being operated at this
location.
Staff reviewed the request and found there are currently 29 Places of Refreshment located
within the distance separation. That being the case and in accordance witht the by-law, the
owners of the affected businesses were notified and two objections to the location of the
refreshment vehicle were received. The objections came from Crabby Joe’s located at 296
Fairway Road South and Swiss Chalet located at 2960 Kingsway Drive (Fairview Park Mall).
Although Crabby Joe’s has been in business for a number of years, a new owner has recently
taken over the business and is concerned that a refreshment vehicle within close proximity
could cause a negative effect to his business. Likewise, the operator of the newly established
Swiss Chalet also has concerns with the impact on business especially during this time when
the business is trying to establish itself in this particular location.
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Section 21 of By-law 2011-100 requires that if an objection is received from a notified licensee,
the Manager of Licensing shall refer the application to Council or a Committee of Council for a
final decision. Council may deny the request based on the fact it does not meet the distance
separation prescribed in the by-law, or, allow the request despite the objections submitted or,
allow the request with certain conditions.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
Not applicable.
FINANCIAL IMPLICATIONS:
None
COMMUNITY ENGAGEMENT:
Consult – Owners of Places of Refreshment within the distance separation have been notified of
this request.
Inform – A copy of the report will be provided to the appellant and the objectors prior to the
Council Committee meeting date.
ACKNOWLEDGED BY:
D. Chapman, Deputy CAO and City Treasurer, Finance and
Corporate Services
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