HomeMy WebLinkAboutFCS-14-159 - Appeal - Refreshment Vehicle Located - 1080 Victoria St N Staff Report
rTC.�r R finance and Corporate Services Department www.kitchener.ca
REPORT TO: Finance and Corporate Services Committee
DATE OF MEETING: September 8, 2014
SUBMITTED BY: C. Tarling, Director of Legislated Services & City Clerk,
519-741-2200 ext.7809
PREPARED BY: Patricia Harris, Manager of Licensing, 519-741-2200 ext. 7854
WARD(S) INVOLVED: 1
DATE OF REPORT: August 21, 2014
REPORT NO.: FCS-14-159
SUBJECT: APPEAL— REFRESHMENT VEHICLE LOCATED — 1080 VICTORIA
STREET NORTH
RECOMMENDATION:
That the request of Rumen Yankov to operate a refreshment vehicle at 1080
Victoria Street North 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 Canadian Tire, 1080 Victoria Street North (see attached map). Mr
Yankov has received permission from the owner of the property.
Staff reviewed the request and found there are currently 10 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 one objection to the
location of the refreshment vehicle was received. The objection came from the owner at
Swiss Chalet at 1151 Victoria Street North who was concerned that this refreshment
vehicle would negatively impact his business.
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There was a licensed refreshment vehicle at this location in 2013 but the previous
licensee did not renew the business licence for 2014.
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 date.
ACKNOWLEDGED BY: D. Chapman, Deputy CAO & City Treasurer, Finance and
Corporate Services
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