HomeMy WebLinkAboutFCS-14-015 - Appeal - Refreshment Vehicle Located - 405 Highland Road West Staff Report
I r finance and Corporate Services Department wvwuukitchenerra
REPORT TO: Finance and Corporate Services Committee
DATE OF MEETING: February 3, 2014
SUBMITTED BY: C. Tarling, Director of Legislated Services/City Clerk, 741-
2200 ext. 7809
PREPARED BY: Patricia Harris, Manager of Licensing, 741-2200 ext. 7854
WARD(S) INVOLVED: 8
DATE OF REPORT: January 20, 2014
REPORT NO.: FCS-14-015
SUBJECT: APPEAL— REFRESHMENT VEHICLE LOCATED —405
HIGHLAND ROAD WEST
RECOMMENDATION:
That the request of Rumen Yankov to operate a refreshment vehicle at 405 Highland
Road West be
BACKGROUND:
Chapter 586 (Refreshment Vehicles) of the City of Kitchener Municipal Code 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 Glogowski Supreme Sausages, 405 Highland Road West (see attached map). Mr.
Yankov has received permission from the owner of the property.
Staff reviewed the request and found there are currently 20 Places of Refreshment located
within the distance separation. That being the case and in accordance with 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 Mr. Sub located at 470 Highland
Road West and Harvey's located at 80 Westmount Rd. W. The owner of Mr. Sub was
concerned that the refreshment vehicle will negatively affect his business and indicated that the
area is already over saturated with competing products. The owner of Harvey's was also
concerned that this refreshment vehicle will negatively affect his business and indicated that
they had lost over 20% of their business due to road construction that went on from April to
October of 2013 and had yet to recover. He strongly opposed the licensing of a refreshment
vehicle in this area.
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Section 586.3.6 of Chapter 586 (Refreshment Vehicles) 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:
Leadership and Community Engagement — An opportunity has been given for the property
owners in the area to be actively engaged in the decision making.
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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Proposed Refreshment Vehicle Location
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