HomeMy WebLinkAboutDTS-08-118 - Temporary occupancy, 558 Belmont Ave WK~TC~ivER
Development &
Technical Services
REPORT
Report To: Development & Technical Services Committee
Date of Meeting: August 11, 2008
Submitted By: Jeff Willmer, Director of Planning (519-741-2325)
Prepared By: Katie Anderl, Senior Planner (519-741-2981}
Wards) Involved: Ward 6
Date of Repork: July 29, 2008
Report No.: DTS o8-118
Subject: TEMPORARY OCCUPANCY
558 BELMONT AVE W
OWNER: ANDREW& CLARA PUSKAS
RECOMMENDATION:
That if City Council supports the request for temporary occupancy for 558 Belmont Avenue
West, the approval be conditional upon the following:
"That enforcement of the City's Zoning By-law be waived with respect to a retail use
loca#ed at 558 Belmont Avenue West, within a building existing on August 11, 2008
and temporary occupancy be approved subject to the retail use vacating the location
in the event that the entire site is not rezoned to a future Mixed Use Corridor Zone;
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 responsibili#y 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 a retail
use within the existing building located 558
Belmont Avenue West, and to waive enforcement
of the zoning by-law. A portion of the building is
currently occupied by a personal service and
studio use, which is permitted under the current
Arterial Commercial Zone (C-6}. Furthermore, the
site currently has sufficient parking to
accommodate both the existing uses and the
proposed retail use.
Requests for temporary occupancy are subject to
confirmation that a zone change application has
been filed with Development and Technical
Services Department. The City is currently preparing a report far Zone Change
ZC~61~61TCIRM and a draft Zone Change By-law which will create the Mixed Use Corridor
Zones. This will be followed by application of these zones to lands within each corridor. It is
expected that this report will recommend that the zoning should be changed from Arterial
Commercial Zone (C-6) to a Mixed Use Corridor Zone. vvhife staff have not finalized which
Mixed Use Zone will apply to these lands, all of the proposed Mixed Use Zones will permit retail
uses.
The subject property was designated "Mixed Use Corridor" with the adoption of Municipal Plan
Amendment No. 36 which introduced a new commercial land use policy for the City of
Kitchener. Mixed Use Corridors are primarily intended to serve the adjacent residential
neighbourhoods and employment areas and allow for intensive, transit supportive development.
one of the means of achieving the vision for the mixed use corridor is to permit retail uses within
all Mixed Use Corridors.
Therefore, in accordance with Council Policy I-1155 concerning Temporary Occupancy (copy
attached}, the applicant is requesting temporary occupancy for a retail use based on the
following criteria being satisfied.
1 J A Zone Change Application (ZCa61~61TCIRM} has been filed with the Department of
Development and Technical Services;
2. The proposed use is permitted by the City's Municipal Plan;
3. Appropriate resolutions concerning time limits, risk and responsibility for vacating the
premises are proposed; and
4. No building permit is required.
FINANCIAL IMPLICATIONS:
None.
COMMUNICATIONS:
In accordance with City Council's Policy I-1155, as amended, public notification is not required
for a temporary occupancy request.
_ ie ~nderl, MCIP, RPP
Senior Planner
~.~Ca ~Q~
Della Ross, MCIP, RPP
Manager of Development Review
Imer, MCIP, RPP
Dire or of Planning
Attachments
Appendix A: Letter of Request
Appendix B: Council Policy I-1155
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Appendix A - Letter of Reques#
From: punkas [mailto:puskas@can.rogers.com]
Sent: Tuesday, July 29, 2008 9:57 AM
To: Katie Anderl
Cc: spearso~bellnet.ca
Subject: Re: Emailing: zoningRequest.doc
Importance: High
H i Katie,
RE: 558 Belmont Ave. West Kitchener. ,reply to your email regarding Zoning Request
Please accept this letter as a request for seeking temporary occupancy for retail business
use which is nat currently permitted at 558 Belmont Ave, West
The future Tenant will not require any building permits, nor the landlord.
We authorize Susie Pearson @ 613-321-7249, to act as our Agent in this matter and as
such act on our behalf in obtaining the permit she needs to start her business at 558
Belmont Ave. West. Kitchener.
We confirm to have 4 to 7 parking space available for the Tenant applying for permit.
Should you need any mare information from us, please don't hesitate to contact us any
time.
Sincerely yours,
Andrew and Clara Puskas
Owner/558 Belmont Ave. West
519-722-0703
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Appendix B: Council Policy I-1155
COUNCIL POLICY RESOL TION
POLICY NUMBER: I-1155 DATE: OCTOBER 22, 1984
amended: JUNE 15,1998
amended: MAY 27, 2002
POLICY TYPE: LAND USE PLANNING
SUBJECT: TEMPORARY OCCUPANCY
POLICY CONTENT:
That the following policy be adopted in respect to requests for temporary
occupancy:
1. That acceptance of all requests for "temporary occupancy" authorizations
be subject to:
a) , confirmation that a zone change application has been filed with the
Development and Technical Services Department.
b) Council being advised of compliance with the Official Plan.
c) resolutions continuing to include statements regarding time limits,
risk and liability responsibility in vacating premises, etc., as in
previous Council's approvals.
2. That all requests for temporary occupancy for uses not in compliance with
the Official Plan, unless incompliance with an Official Plan Amendment as
approved by Council, be refused,
3. Since the Ontario Building Code prohibits the issuance of a building permit
not in compliance with municipal by-laws, that all requests for temporary
occupancies requiring building permits in order to accommodate illegal
uses be refused.
KITCHENER Page 1 of 1 MAY 2002
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