HomeMy WebLinkAboutCRPS-07-007 - Request to Relocate a Class D Adult Entertainment Parlour - Public Meeting - Taj Mahalt~~`
KITCHF.NF R
Corporate Services
~ ~
Report To: Councillor B. Vrbanovic, Chair and Members of the Finance
and Corporate Services Committee
Date of Meeting: January 29, 2007
Submitted By: R. Gosse, Director of Legislated Services/City Clerk
Prepared By: Patricia Harris, Manager of Licensing
Ward(s) Involved: 1
Date of Report: January 11, 2007
Report No.: CRPS-07-007
Subject: REQUEST TO RELOCATE A CLASS D ADULT
ENTERTAINMENT PARLOUR -PUBLIC MEETING
RECOMMENDATION:
Council's direction is requested.
BACKGROUND:
Attached is a letter from Mr. Randy Zivkovic, owner of the Taj Mahal Adult Entertainment
Parlour requesting Council's approval to move his Class D Adult Entertainment Parlour from 4-
808 Courtland Avenue East to 37 Bruce Street. Mr. Zivkovic has indicated in his letter that his
lease expired at 808 Courtland Avenue East on December 31, 2006.
REPORT:
This request was originally before Council on January 24, 2005. At that time a public meeting
was held and submissions were made by concerned businesses and residents. Council denied
the request because the relocation did not meet all the locational criteria as set out in Chapter
502.5.11 (Adult Entertainment Parlours) of the City of Kitchener Municipal Code.
Mr. Zivkovic, represented by his lawyer, returned to Council on June 19, 2006 requesting that
Council re-consider its earlier decision regarding the application to relocate the business. The
Procedural By-law (Chapter 25 of the Municipal Code) requires a notice of motion supported by
2/3 of the members present. No motion was tabled at the meeting and Mr. Zivkovic was
advised that he could re-apply after December 1, 2006 once the new Council was sworn into
office.
Section 502.5.8 of Chapter 502 (Adult Entertainment Parlours) states that the total number of
Class D adult entertainment parlour locations shall be reduced as the operators' licences expire
without renewal, or as the operators' licences are otherwise surrendered or revoked, until there
are two Class D adult entertainment parlour locations in the City.
Section 502.5.11 of Chapter 502 (Adult Entertainment Parlours) has also established locational
criteria to substitute a new location for an existing Class D adult entertainment parlour or to add
a new Class D adult entertainment parlour.
Council may consider a request to substitute a new location for an existing Class D adult
entertainment parlour or to add a new Class D adult entertainment parlour location provided that
any requested new location shall conform to the following:
(a) the Class D adult entertainment parlour shall be located on lands zoned C6;
(b) the lands on which the Class D 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 D 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 D 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 D adult entertainment parlour is
located shall not abut the lands of any existing residence;
(f) the Class D 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 D adult entertainment parlour is located shall not include
an existing resident; and
(h) the lands upon which the Class D 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.
Chapter 502.5.12 also goes on to state that the Manager of Licensing or his/her 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 502.5.11 within 100 meters (328
feet) of the new location.
A recent inspection of 37 Bruce Street indicates that it meets all the locational criteria of Chapter
502.5.11 except for provision (h) of Chapter 502.5.11. There are lands zoned M4 within 203
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 a State Farm
agent's office.
The subject property is a stand-alone building in an area where there are currently commercial
and residential properties. The business currently operating at this location is licensed by the
City as an Alternative Massage Centre.
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.
(MRS) PATRICIA HARRIS
MANAGER OF LICENSING