HomeMy WebLinkAboutCRPS-05-087 - Permission to Operate Sidewalk Patio - 85 King St. W. (Dandy's Restaurant)
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Report To:
Date of Meeting:
Submitted By:
Prepared By:
Ward(s) Involved:
Date of Report:
Report No.:
Subject:
Finance and Corporate Services Committee
May 2, 2005
Jennifer Sheryer, Assistant City Solicitor
Jennifer Sheryer, Assistant City Solicitor
Ward 6
April 26, 2005
CRPS-05-087
REQUEST FOR PERMISSION TO OPERATE SIDEWALK
PATIO - 85 KING ST W (DANDY'S RESTAURANT)
RECOMMENDATION:
That Council refuse the application for an Encroachment Agreement by the owner(s) of Dandy's
Restaurant, located at 85 King Street West, for the operation of a sidewalk patio for 2005.
REPORT:
The owner of the above-mentioned restaurant has been given permission to operate a sidewalk
patio annually since 1991 with the exception of 1993 wherein permission was denied due to
past problems with the patio. In 2001, special conditions were added to the encroachment
agreement resulting from concerns received from various downtown businesses. In 2002, a
temporary agreement allowing for operation of the patio until June 30, 2002 pending review of
any complaints received in the previous six months was granted and Council approved
extending the agreement until October 31, 2002.
The request has been circulated to various City departments and the Kitchener Downtown
Business Association (KDBA) for review. Some concerns have been raised by the Fire
Department, Downtown Community Development division and the KDBA.
The Fire Department has noted that there are numerous violations of the Ontario Fire Code,
primarily related to the residential portion of the building. Downtown Community Development
division and the KDBA have noted numerous concerns with patio operating problems in past
years which have contributed to a negative image of the Dandy's patio such as loitering outside
the patio and inappropriate behaviour by patio patrons. There is an overall negative impact on
their neighbours and the downtown.
A representative from the KDBA will be in attendance at this meeting to expand on the concerns
with this patio request.
FINANCIAL IMPLICATIONS:
N/A
COMMUNICATIONS:
N/A
CONCLUSION:
In light of the concerns that various City departments and the KDBA have, staff recommends
the request for a patio for the 2005 season be refused and reconsidered if application is made in
2006.
JENNIFER SHERYER
Assistant City Solicitor
JS:sh
cc: L. MacDonald
P. Harris
S. Curzon
T. Ruggle