HomeMy WebLinkAboutDTS-06-181 - Temporary Occupancy Request, 165 Victoria St. S.
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Development &
Technical Services
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Report To:
Development & Technical Services Committee
Date of Meeting:
December 11 , 2006
Submitted By:
Jeff Willmer, Director of Planning (741-2325)
Prepared By:
Brandon Sloan, Senior Planner (741-2648)
Ward(s) Involved:
Ward 6 - West Victoria Park
Date of Report:
December 7, 2006
Report No.:
DTS 06-181
Subject:
TEMPORARY OCCUPANCY REQUEST
165 Victoria St. S.
Neena Louis
RECOMMENDATION:
That if City Council supports the request for temporary occupancy for 165 Victoria Street South, such
approval be conditional upon the following:
"That enforcement of the City's Zoning By-law be waived with respect to an educational
establishment (driver's training school) within a building existing on December 11, 2006, and
temporary occupancy be approved subject to the use vacating the location in the event the City
initiated Zone Change (ZC06/06/TC/RM) to permit educational establishment uses on the subject
lands in combination with other permitted uses 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."
REPORT:
The new owner of 165 Victoria Street South (southeast corner of Victoria and Park Streets) has
requested Council's consideration for temporary occupancy of one unit within the existing building. The
proposed use is for an educational establishment (driver's training school). See letter attached as
Appendix "A".
The subject property is located on the southeast corner of Victoria and Park Streets. The building is a
small commercial-residential building, previously occupied by a health food store and a studio in the
corner unit, along with a residential dwelling unit on the ground floor facing Victoria Street.
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
applies to this section of Victoria Street at the entrance to Downtown. The current zoning of the property
is Convenience Commercial (C-1), with special provision 291 U. This zoning permits a small range of
commercial uses, such as convenience retail, restaurant, financial establishment, music studio and
dwelling unit. A parking area exists to the rear of the building and the applicant would have to comply with
the necessary parking provisions.
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 rezoned to the
appropriate mixed use category, which would permit an educational establishment to be located in the
existing building. Completion of the zone change is anticipated in the new year.
In accordance with Council Policy 1-1155 concerning Temporary Occupancy, the temporary occupancy
for a personal service use is based on the following criteria:
1. A City initiated Zone Change (ZC06/06/TC/RM) is currently underway, and is expected to be
considered by Council in the new year;
2. The proposed use is permitted by the City's Municipal Plan "Mixed Use Corridor" designation;
3. Appropriate resolutions concerning time limits, risk and responsibility for vacating the
premises are included in the recommendation; and
4. No building permit is required.
FINANCIAL IMPLICATIONS:
None.
COMMUNICA TIONS:
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 for the
Mixed Use Corridor zoning.
CONCLUSION:
Considering the Council Policy has been satisfied and the use is compatible with the surrounding area,
staff recommends approval of the temporary occupancy of 165 Victoria Street South for an educational
establishment (driver's training school).
Brandon Sloan, MCIP, RPP
Coordinator of Development Review/
Senior Planner
Jeff Willmer, MCIP, RPP
Director of Planning
Attachments:
Onpoint Map
Appendix "A" - Letter of Request