HomeMy WebLinkAboutDTS-07-016 - Temporary Occupancy Request, 585 Queen St. Southr ~_~
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Report To: Development & Technical Services Committee
Date of Meeting: January 29, 2007
Submitted By: Della Ross, Manager of Development Review (741-2327)
Prepared By: Rosa Bustamante, Student Planner (741-3400)
Ward(s) Involved: Ward 6 -West Victoria Park
Date of Report: January 19, 2007
Report No.: DTS-07-016
Subject: TEMPORARY OCCUPANCY REQUEST
585 Queen St. South
Vanja Sikman
That if City Council supports the request for temporary occupancy for 585 Queen Street
South, such approval be conditional upon the following:
"That enforcement of the City's Zoning By-law be waived with respect to a retail and
restaurant use (cafe and gallery) within a building existing on January 29, 2007, and
temporary occupancy be approved subject to the retail and restaurant use vacating the
location in the event the City initiated Zone Change (ZC06/06/TC/RM) to permit retail and
restaurant uses on the subject lands 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 attached letter requests Council's consideration for temporary occupancy of one unit within
the existing building. The proposed use is for a restaurant and retail (cafe and gallery) business.
See letter attached as Appendix "A".
The subject property is located on the east side of Queen Street South between Mill Street and
Woodside Avenue. The building is a commercial building occupied primarily by offices and
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 Queen Street from Joseph Street to the CN
railroad tracks.
The current zoning of the property is M-2, with special provision 159U, which does not permit
retail or restaurant uses.
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-2 (Mixed Use Two) which would permit retail and restaurant uses to be located in buildings
without restriction. Completion of the zone change is anticipated early this year.
In accordance with Council Policy I-1155 concerning Temporary Occupancy, the temporary
occupancy for a retail and restaurant 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 early this year;
2. The proposed personal service 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.
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 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 585 Queen Street
South for retail and restaurant use (cafe and gallery).
Respectfully submitted,
Rosa Bustamante, Della Ross, MA, MCIP
Student Planner Manager of Development Review
List of Attachments
Appendix "A" -Letter of Request