HomeMy WebLinkAboutCRPS-09-054 - Downtown Sidewalk Patio - Dandy's Restaurant - 85 King St W
REPORT
REPORT TO:
Councillor B. Vrbanovic, Chair and Members of Finance and
Corporate Services Committee
DATE OF MEETING:
May 11, 2009
SUBMITTED BY:
Jennifer Sheryer, Assistant City Solicitor
PREPARED BY:
Sherry Handsor, Legal Secretary
WARD(S) INVOLVED:
1
DATE OF REPORT: April 22, 2009
REPORT NO.: CRPS-09-054
SUBJECT:
REQUEST FOR PERMISSION TO OPERATE DOWNTOWN
SIDEWALK PATIO FOR DANDY'S AT 85 KING STREET
WEST FOR 2009 SEASON
RECOMMENDATION:
“That the request of Dandy’s Restaurant, 85 King Street West, to obtain an encroachment
agreement for an outdoor patio for the 2009 season be denied.”
BACKGROUND:
Each year, retaurants in the downtown core are given the opportunity to obtain encroachment
agreements from the City in order to allow them to construct an outdoor patio for the summer
months on city property. The Licensing Division is given the responsibility of enforcing the
agreements and any complaints from patrons or citizens are forwarded to the Manager of
Licensing for action.
REPORT:
Dandy’s Restaurant has an outdoor patio since 1991 except in 1993 and 2008 when the
encroachment agreement was not approved by Council. In 2001, 2002 and 2005 concerns
were expressed by the Kitchener Business Improvement Area (KBIA) with respect to
unacceptable behaviour by patrons using the patio. An encroachment agreement was granted
with additional conditons added to their agreement in an attempt to respond to the concerns
expressed. Council also requested in 2005 that compliaints received by the KBIA be forwarded
to the Manager of Licensing in order that a log could be maintained with respect to all patio
complaints.
In 2007, the Manager of Licensing received six complaints regarding the operation of this patio.
They included patrons being rowdy and making rude comments to citizens walking by the patio,
patrons being drunk, and loitering on and around the patio which impeded pedestrian traffic. As
part of Report CRPS-08-058, correspondence was received from a property owner in the
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downtown with respect to concerns regarding the patio. There were no complaints received for
2008 as the patio was not approved.
The KBIA along with the Enforcement Division and Downtown Community Development
Division do not support the installation of a patio for the 2009 season due to past conduct.
FINANCIAL IMPLICATIONS:
None.
ACKNOWLEDGED BY: Lesley MacDonald, Director of Legal Services and City Solicitor
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