HomeMy WebLinkAboutDTS-07-085 - Temporary Occupancy Request - 141 Victoria Street Southii
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REPORT
Report To: Development & Technical Services Committee
Date of Meeting: May 28, 2007
Submitted By: Jeff Willmer, Director of Planning (741-2325}
Prepared By: Timothy Fok, Student Planner X741-3400)
Ward~s~ Involved: Ward 6 -West Victoria Park
Date of Report: May 16, 2007
Report No.: DTS-07-085
Subject: TEMPORARY OCCUPANCY REQUEST
141 VICTORIA STREET SOUTH
LINDAGUTHRO
RECOMMENDATION:
That if City Council supports the request for temporary occupancy for 141 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 office and
retail use within a building existing on May 28, 2001, and temporary occupancy be
approved subject to the office and retail use vacating the location in the event the City
initiated Zone Change ~ZC061061TCIRM~ to permit office and retail 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 an office for an interior decorator and retail
business. See letter attached as Appendix "A".
The subject property is located on the east side of Victoria Street South between Michael Street
and Theresa Street. The building is two-storeyed, with a dwelling unit above and commercial
area below. 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 this area along Victoria Street South.
The current zoning of the property is C-1, with special provision 1 R, which requires that "prior to
the erection of any permitted building or any placement of fill, a Fill, Construction and Alteration
to Waterways Permit shall be obtained from the Grand River Conservation Authority, where
required by the said Authority, in accordance with Regulation 149." No structural changes to
building or additions are proposed. Further, C-1 does not allow for office and accessory retail
use.
A 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-1 (Low
Intensity Mixed Use Corridor) which would permit office and retail uses to be located in buildings
without restriction. Completion of the zone change is anticipated in the fall of this year.
In accordance with Council Policy I-1155 concerning Temporary Occupancy, the temporary
occupancy for an office and accessory retail is based on the following criteria:
1. A City initiated Zone Change (ZC06/061TC1RM) is currently underway, and is
expected to be considered by Council later this year;
2. The proposed office and accessory retail 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.
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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 141 Victoria
Street South for office and retail uses.
Respectfully submitted,
Timothy Fok,
Student Planner
List of Attachments
Appendix "A" - Letter of Request
Della Ross, MA, MCIP
Manager of Development Review
Jeff Willmer, MCIP
Director of Planning
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