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HomeMy WebLinkAboutDTS-06-140 - Temporary Occupancy Request - 637 King St W J Development & Technical Services Report To: Development & Technical Services Committee Date of Meeting: October 2, 2006 Submitted By: Jeff Willmer, Director of Planning (741-2325) Prepared By: Ward(s) Involved: Date of Report: Report No.: Subject: Lisa Thompson, Development Technician (741-2847) Ward 6 - West Victoria Park September 14, 2006 DTS 06-140 TEMPORARY OCCUPANCY REQUEST 637 KING STREET WEST TRACEY WILLMS RECOMMENDATION: That if City Council supports the request for temporary occupancy for 637 King Street West, such approval be conditional upon the following: "That enforcement of the City's Zoning By-law be waived with respect to a personal service use (hair salon) within a building existing on September 18, 2006, and temporary occupancy be approved subject to the personal service use vacating the location in the event the City initiated Zone Change (ZC06/06/TC/RM) to permit personal service uses on the subject lands in combination with other permitted uses such as office and health office is not approved; and further; That in the event of failure to vacate, the City's Municipal By-law Enforcement Officer be directed to commence notice of action to remove the illegal use and that any work done to the premises be at the sole risk and responsibility of the owner in the event losses are incurred as a result of final disposition of this application." EXECUTIVE SUMMARY: The applicant is requesting temporary occupancy to permit a personal service use (hair salon) within the existing building at 637 King Street West in advance of approval of a City initiated zone change to permit a personal service use as proposed on the subject lands. The proposed personal service use is permitted by the City's Municipal Plan. 1 REPORT: The attached letter requests Council's consideration of temporary occupancy of a personal service use, specifically a hair salon, within the existing building located at 637 King Street West. The current zoning by-law designation of Commercial Residential Two (CR-2) permits a personal service use, however, it must be located within a multiple dwelling or mixed commercial-residential building, containing a minimum of 20 dwelling units, a residential care facility having a minimum of 20 residents or a building containing a minimum of 4700 square metres of gross floor area designed for office and the use shall not occupy in excess of 20 percent of the gross floor area and in no case in excess of 550.0 square metres of gross leasable commercial space. The subject property is located on the south side of King Street West at Wellington Street. The building is a seven unit commercial building, occupied primarily by health offices. The lands are designated Mixed Use Corridor in the City's Municipal Plan. The Mixed Use Corridor designation was created through the comprehensive review of the commercial policies (MPA #36) and was applied to the entire length of King Street West between the Downtown and the City of Waterloo boundary. A City initiated Zone Change application is currently underway to apply new zoning categories to implement the Mixed Use Corridor designation. The subject property is proposed to be zoned MU-3 which would permit personal service uses to be located in buildings without restriction. Completion of the zone change is anticipated within the next few months. Therefore, in accordance with Council Policy 1-1155 concerning Temporary Occupancy (copy attached), the applicant is requesting temporary occupancy for a personal service establishment based on the following criteria being satisfied: 1. A City initiated Zone Change (ZC06/06/TC/RM) is currently underway; 2. The proposed personal service use is permitted by the City's Municipal Plan; 3. Appropriate resolutions concerning time limits, risk and responsibility for vacating the premises are proposed; and 4. No building permit is required. FINANCIAL IMPLICATIONS: None. COMMUNICATIONS: Specific public notice of the request for temporary occupancy is not required. Public notice will be given in accordance with the Planning Act with respect to the proposed City initiated Zone Change. Lisa Thompson, CPT Development Technician Jeff Willmer, MCIP, RPP Director of Planning Attachments: Onpoint Map Letter of Request Council Policy 1-1155 2