HomeMy WebLinkAboutDTS-07-187 - Temporary Occupancy, 51 Church StDev~fopme-rt &
Techntca~Servlces
REPORT
Report To: Development & Technical Services Committee
Date of Meeting: December 3, 2007
Submitted By: Jeff Willmer, Director of Planning (519-741-2325)
Prepared By: Katie Anderl, Planner (519-741-2987)
Ward(s) Involved: Ward 6 -West Victoria Park Ward
Date of Report: November 20, 2007
Report No.: DTS 07-187
Subject: TEMPORARY OCCUPANCY
51 CHURCH ST
ST. MATTHEW'S LUTHERAN CHURCH
RECOMMENDATION:
That if City Council supports the request for temporary occupancy for 51 Church St, the
approval be conditional upon the following:
"That enforcement of the City's Zoning By-law be waived with respect to an office
(including social service administrative office) use within a building existing on December
3, 2007 and temporary occupancy be approved until such time as the Ontario Municipal
Board has finalized a decision on City Initiated Zone Change ZC05106/C/CB, and subject
to the use vacating the location in the event that Interim Control By-law 2003-89 is not
lifted as a result of the forthcoming Ontario Municipal Board hearing; 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 the final disposition of this application."
REPORT:
The attached letter requests Council's consideration of temporary occupancy for an office use
(including social service administrative office) within the existing building located at 51 Church
St to waive enforcement of the zoning by-law.
The subject lands are owned by St. Matthew's Lutheran Church and are located within the
Cedar Hill Neighbourhood. Applications for Zone Change and Official Plan Amendment were
recently considered and approvedladopted by City Council and the Region of Waterloo and the
subsequent appeal periods have expired without appeals being received. These applications
sought to change the zoning and designation of the subject lands to allow the subject use.
However, since the time these applications have been approved it has come to the attention of
the Planning Division that the Cedar Hill Interim Control By-law (2003-89}, which was originally
put in place to allow completion of the Cedar Hill Land Use and Social Environment Study,
which has appealed to the Ontario Municipal Board, is in fact still in place. This Interim Control
By-law restricts the proposed use. However, the Cedar Hill Interim Control By-law will be lifted,
once the Ontario Municipal Board makes a ruling on the proposed Cedar Hill zoning regulations.
The zoning recently approved for the subject lands sought to change both the existing and the
appealed zoning; therefore, the proposed use would become legal once the OMB rules on the
proposed Cedar Hill Zoning. However, in the meantime, the applicant requires Temporary
Occupancy to allow the use in the existing building until such time as an OMB hearing is
completed and a decision has been finalized.
Therefore, in accordance with Council Policy I-1155 concerning Temporary Occupancy (copy
attached), the applicant is requesting temporary occupancy for an office (including social service
administrative office) based on the following criteria being satisfied.
1. A Zone Change Application (ZC07/09/C/KA} has been filed with the
Development and Technical Services;
2. The proposed uses are permitted by the City's Municipal Plan;
3. Appropriate resolutions concerning time limits, risk and responsibility
premises are proposed; and
4. No building permit is required.
FINANCIAL IMPLICATIONS:
None.
COMMUNICATIONS:
Department of
for vacating the
In accordance with City Council's Policy I-1155, as amended, public notification is not required
for a temporary occupancy request.
Katie Anderl, BES
Planner
Della Ross, MCIP, RPP
Manager of Development Review
JeffWillmer, MCIP, RPP
Director of Planning
Attachments
Appendix A: Letter of Request
Appendix B: Council Policy I-1155
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Appendix A - Letter of Request
Appendix B: Council Policy I-1155
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P P : LtV~ ~E PI..IVIIV
' TErI~PA1f CUPN
~I~I NiE~1T:
That the fallowing p~li~ be a~pted in r~spe~t to requests far ter~porery
oopar~o:
~ . That eooanae al l requests for '~ernpo~~r oocupar~o' ~~thvri~a#ior~s
b~ ~ubjt t~:
~~ cr~fir~n~ti ~ ~ ~ ~p~lii l'~~s ~ ~~1 with ~
D~vr~~r~ ~ Thr~il vi fit.
b~ ~unc~l b~ir~~ ~dvid rnpli~n with fih~ del Ply,
~~ r~s~luti~r~~ n#ir~~r~~ t~ irlu ~~ r~~ir~p ~i~ lir~it~
risk ~ lbilMt~- rp~nblli~ in atir~g pr~mi~, ~,, in
~r~i~ ~~nl'~ ~~p~aal,
. That ill r~q~ fir t~mp~rar ~par~~ f ~ n i~r ~li~r w
the ft`i~ lar~, anises in mpliar~ce with an gel flan rr~en~ment es
~pv b a~nc~l, b~ ~,
inc Ontario Building ~e prohibits the issuance of a building permit
not in compliance Frith rnuni~pel b~aws~ that ell requests far tempvrar
occupen~es requiring building permits in arder to arnmodete illegal
u~ rid.
ITHEIVEF~ P~ ~ ~ ~1A ~
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