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HomeMy WebLinkAboutFCS-12-091 - Combined Appeal - Refreshment Vehicle 385 FairwayREPORT TO:Finance and Corporate Services Committee DATE OF MEETING: May 7, 2012 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: April 30, 2012 REPORT NO.: FCS-12-091 SUBJECT: APPEAL – REFRESHMENT VEHICLE LOCATED – 385 FAIRWAY ROAD SOUTH RECOMMENDATION: That the request of Rumen Yankov to operate a refreshment vehicle at 385 Fairway Road South be ______________. BACKGROUND: Chapter 586 (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 the applicant may appeal that decision. All Places of Refreshment and Refreshment Vehicles within the distance separation are then notified. A licence may be issued if there are no objections from established Places of Refreshment or Refreshment Vehicles. 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. Council approved this request in August of 2011, but Mr. Yankov decided not to operate the refreshment vehicle in 2011. Therefore, when he approached staff about locating a refreshment vehicle at this location in 2012 he was informed that a licence could not be issued until the owners of any new businesses were notified. Since late 2011 three new restaurants have opened within the 200 metre distance separation. The owners were notified and one objection to the refreshment vehicle was received. The objection came from The Grill Burger located at 310 Fairway Road South. This business has been open since the fall of 2011. The owner is concerned that a refreshment vehicle within close proximity selling products similar to his business could cause a negative effect on his business. Section 586.3.6 requires that if an objection is received from a notified licensee, the Manager or 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 é ó ï 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 objector prior to the Council Committee meeting date. ACKNOWLEDGED BY: D. Chapman, Deputy CAO & City Treasurer, Finance and Corporate Services é ó î Print PreviewPage 1of 1 Proposed Refreshment Vehicle Map Proposed location -385 Fairway Rd. S. Map Printed On {2012-05-01 11:06} Copyright This document is subject to copyright and may only be used for your personal, non-commercial use, provided you keep in tact the copyright notice. © 2012 The Corporation of the City of Kitchener. Some portions of this publication are produced using information under licensed use from Teranet ©1998 Protected by Copyright - May not be reproduced without Permission Disclaimer The City of Kitchener assumes no responsibility for any errors, and is not liable for any damages of any kind resulting from the use of, or reliance on, the information contained in this document. The City of Kitchener does not make any representations or warranty, express or implied, concerning the accuracy, quality, likely results or reliability of the use of the information contained in this document. THIS IS NOT A PLAN OF SURVEY - PROJECTION: UTM NAD 83 zone 17 é ó í http://onpointprod/onpointint/WebPages/print/PrintPreviewPage.aspx5/1/2012