HomeMy WebLinkAboutDTS-06-006 - Temporary Occupancy, 79 Joseph St1
Kd LR
Development&
Technical Services
6 REPORT
Report To: Development & Technical Services Committee
Date of Meeting: January 9, 2006
Submitted By: Jeff Willmer, Director of Planning 741 -2325
Prepared By: Cory Bluhm, Planner 741 -2776
Ward(s) Involved: Ward 6
Date of Report: January 3, 2006
Report No.: DTS -06 -006
Subject: Temporary Occupancy
ROOF
79 Joseph Street (former KOR Gallery)
RECOMMENDATION:
That Council consider temporary occupancy for R.O.O.F. (Reaching Our Outdoor Friends) at 79
Joseph Street.
REPORT:
A fire at the ROOF drop -in centre has left the agency without a place to provide their services.
One location under consideration is the former KOR Gallery building near the entrance to
Victoria Park.
Roof's operation is considered a `Social Service Establishment'. For the subject site, this use is
not permitted under the zoning bylaw. Thus, in order for ROOF to relocate to 79 Joseph Street,
a zone change would be required.
However, Council Policy 1 -1155 was established to outline instances where Council might permit
temporary occupancy, on lands where a proposed use is not permitted. The policy identifies 3
tests for acceptance:
1) Submission of a zone change application;
2) Compliance with the Municipal Plan; and,
3) That no building permits are necessary prior to occupancy.
Similarly, any temporary occupancy must outline time limits, risk and liabilities, responsibilities
for vacating the premises, etc.
The proposed occupancy for ROOF as a social service establishment would not meet test 1 as
no zone change has been applied for. In regards to test 2, the official plan land use designation
of `Open Space' does not permit social service establishments; however, the proposal could be
deemed to comply with the official plan on the basis that Part 2, Policy 3.2 states that the City
recognizes the importance of community services which serve the social needs of the citizens
and endeavours to make provision for them throughout the community. The proposed
occupancy for ROOF would pass test 3 as it is likely that no building permit will be required.
As temporary occupancy has no legal basis in the Planning Act, Planning staff do not make
recommendations on such requests. However, should Council wish to consider temporary
occupancy, Planning staff suggest that the occupancy be limited only to a specified period of
time while ROOF determines its future, and that such occupancy not be deemed as permanent.
Cory Bluhm, BES
Planner
Attac:hmPnt.q
Council Policy 1 -1155
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Jeff Willmer, MCI P, RPP
Director of Planning