HomeMy WebLinkAboutCRPS-05-018 - Request to Relocate Class D Adult Entertainment Parlour - Taj Mahal
~
Report To:
Date of Meeting:
Submitted By:
Prepared By:
Ward(s) Involved:
Date of Report:
Report No.:
Subject:
Councillor B. Vrbanovic, Chair and Members of the Finance
and Corporate Services Committee
January 24, 2005
R. Gosse, Director of Legislated Services/Deputy City Clerk
R. Gosse
Patricia Harris, Licensing Inspector
1
January 19, 2005
CRPS 05-018
REQUEST TO RELOCATE A CLASS D ADULT
ENTERTAINMENT PARLOUR - PUBLIC MEETING
RECOMMENDATION:
Council's direction is requested.
BACKGROUND:
Mr. Randy Zivkovic owner of the Taj Mahal Adult Entertainment Parlour requested
Council's approval to move his Class 0 Adult Entertainment Parlour from 8-808
Courtland Avenue East to 37 Bruce Street. At the January 10, 2005 Finance and
Corporate Services Committee meeting, the Committee recommended that the public
consultation process with respect to moving an Adult Entertainment Parlour be
implemented. An advertisement was placed in The Record and notices were sent to
surrounding property owners advising that a public meeting will take place on January
24,2005 to receive any comments regarding the requested re-Iocation.
REPORT:
Section 27 of By-law 2004-271 has established locational criteria to substitute a new
location for an existing Class 0 entertainment parlour or to add a new Class 0 adult
entertainment parlour location.
27. Council may consider a request to substitute a new location for an existing
Class 0 adult entertainment parlour or to add a new Class 0 adult entertainment
parlour location provided that any requested new location shall conform to the
following:
(a) the Class 0 adult entertainment parlour shall be located on lands zoned C6;
(b) the lands on which the Class 0 adult entertainment parlour is located shall not
be within 100 metres (328 feet) of the lands of an existing school, including an
institutional daycare facility;
(c) the lands on which the Class 0 adult entertainment parlour is located shall not
be within 100 metres (328 feet) of the lands of an existing religious institution;
(d) the lands upon which the Class 0 adult entertainment parlour is located shall
not face any part of the lands of any existing residence across the street;
(e) the side property line of the lands upon which the Class 0 adult entertainment
parlour is located shall not abut the lands of any existing residence;
(f) the Class 0 adult entertainment parlour shall not have a total floor space
greater than 125 square metres (1346 square feet);
(g) the lands upon which the Class 0 adult entertainment parlour is located shall
not include an existing residence; and
(h) the lands upon which the Class 0 adult entertainment parlour is located shall
not be within 400 metres (1312 feet) of any M4 Zone or of any lands upon which
is located any other adult entertainment parlour, other than a Class A adult
entertainment parlour licensed hereunder.
Section 28 of the By-law states that the Manager of Licensing or delegate shall provide
a report on the suitability of the new location having regard to:
(a) the compliance of such a request with all the provisions of this Chapter; and
(b) any existing uses, in addition to the uses in section 27 within 100 metres (328
feet) of the new location.
A recent inspection of 37 Bruce Street indicates that it meets all the locational criteria of
the by-law except for provision (h) of Section 27. There are lands zoned M4 within
205.92 metres of this property.
Although not directly abutting the subject property, there are several residential
properties within 100 metres of the side yard separated by the on-ramp to the
Conestoga expressway. A commercial office (Cowan Insurance company) is located on
the abutting property to the north (25 Bruce Street) and a commercial plaza is directly
across the street whose tenants include Burger King, Little Short Stop, Kim King
Restaurant, the Paper Factory and State Farm Agent's office.
The subject property is a vacant stand-alone building in an area where there are
currently commercial and residential properties. The particular location of this building,
beside the on-ramp to the expressway and abutting a commercial parking area, may
offer enough distance and separation from the other properties in the area to make it a
suitable location. In addition, the By-law restricts signage of the business to the
Operator's name on the licence, the name of the business, the licence number and, the
address/telephone number of the business. Under the Municipal Act, Council could, as
a condition of the licence, require suitable screening of the property in the form of
fencing and/or landscaping subject to any fence/sight triangle restrictions contained in
the Municipal Code.
Communications:
An advertisement was placed in The Record and notices were sent to the area property
owners regarding this public meeting inviting any interested parties to submit in writing
their comments or to attend the meeting to speak on the matter. Any written comments
received by the Licensing Section will be circulated to Council under separate cover at
the public meeting.
Randy Gosse
Director of Legislated Services/Deputy Clerk