HomeMy WebLinkAboutFCS-17-031 - Appeal - Refreshment Vehicle Located at 385 Fairway Road South
REPORT TO: Finance and Corporate Services Committee
DATE OF MEETING: June 12, 2017
SUBMITTED BY: Christine Tarling, Director of Legislated Services City Clerk, 519-
741-2200 ext. 7809
PREPARED BY: Helen Fylactou, Manager of Licensing, 519-741-220 ext. 7854
WARD(S) INVOLVED: 3
DATE OF REPORT: May 31, 2017
REPORT NO.: FCS-17-031
SUBJECT: APPEAL - REFRESHMENT VEHCILE LOCATED AT 385 FAIRWAY
ROAD SOUTH
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RECOMMENDATION:
That the request of Masoud Abed to operate a refreshment vehicle at 385 Fairway
Road South be _____________.
BACKGROUND:
Chapter 586 (Refreshment Vehicles) of the City of Kitchener Municipal Code requires
that every lot on which a Class A refreshment vehicle is located shall be separated by a
minimum distance of:
a)200 metres from any lot of which a place of refreshment is located; and,
b)400 metres from any lot on which any other Class A refreshment vehicle is
located.
Ifthe applicant does not meet the minimum distance separation requirements, the
Manager of Licensing must refuse the licence. However, the applicant has the option to
appeal that decision by requesting that a notice be sent to all refreshment vehicles and
places of refreshment advising of application. This process allows for staff to collect
feedback from licensed businesses. If there are no objections, the manager may issue
the licence. If objections are received, the matter must be referred to Council for a
decision as to whether or not a licence should be issued.
Class A refreshment vehicles have previously been approved at this property when staff
received no objections. However, in 2012 an objection was received and a report was
brought to Council. Council made the decision to approve the application. No
refreshment vehicle applications have been received on this property since 2014.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
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REPORT:
In April 2017, an application to operate a class A refreshment vehicle at the Canadian
Tire located at 385 Fairway Road South (see map in Appendix A) was received by staff.
Mr. Masoud Abed has received permission from the Canadian Tire owner to operate his
hot dog cart (Class A - refreshment vehicle) in front of the business for the season.
Upon reviewing the application, staff determined that the refreshment vehicle did not
comply with the minimum distance separation requirements outlined in Chapter 586 and
the licence was therefore denied by the Manager of Licensing. Mr. Abed requested to
s decision and a notice was sent to 31 licensed places of
refreshment advising of the application appeal and requesting feedback. Staff
determined that no licensed refreshment vehicles are within the 400 metre minimum
distance separation.
The notice was mailed out on May 15, 2017, with the deadline for comment being
June 5, 2017. Since the notice was mailed, one objection has been received. The
objection is from ted on the same property parcel. The franchise
owner objected to the application because the owner felt that a refreshment vehicle
within close proximity could cause a negative effect on the business by interfering with
attracting lunch-hour customers. Any comments received after the submission of this
deration prior to the Committee meeting.
Section 586.3.6 requires that if any objection is received from a notified licensee, the
Manager shall refer the application to Council or a Committee of Council for a final
decision. Council can make the decision to:
a) Deny the request because the refreshment vehicles does not comply with the
minimum distance separation that is prescribed in the by-law; or,
b) Approve the request despite non-compliance with the separation and the
objection from the licensed establishment; or,
c) Approve the request with conditions.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
vision through the delivery of core service.
FINANCIAL IMPLICATIONS:
The cost of a 2017 Class A Refreshment Vehicle licence is $547.00.
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COMMUNITY ENGAGEMENT:
A notice outlining the refreshment vehicle appeal has been mailed out to all licensed
places of refreshment that are within 200 metres of the proposed location. The notice
invited businesses to provide feedback or to raise any concerns with the application. In
total, 31 licensed places of refreshment were advised of the application. To date, staff
received one objection to the application.
ACKNOWLEDGED BY: Brenda Johnson,Acting DCAO, Finance & Corporate Services
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Appendix A
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