HomeMy WebLinkAboutCRPS-09-101 - Sidewalk Patio - 217 King St WREPORT T0: Mayor and Members of Council
DATE OF MEETING: June 29, 2009
SUBMITTED BY: Jennifer Sheryer, Assistant City Solicitor
PREPARED BY: Sherry Handsor, Legal Secretary
WARD(S) INVOLVED: 6
DATE OF REPORT: June 24, 2009
REPORT NO.: CRPS-09-101
SUBJECT: NEW REQUEST FOR PERMISSION TO OPERATE
SIDEWALK PATIO-THE SILVER SPOON FINE
CHOCOLATES - 217 KING ST. W.
RECOMMENDATION:
"That the Mayor and Clerk be authorized to execute an Encroachment Agreement
satisfactory to the City Solicitor, with the owners or operators of The Silver Spoon Fine
Chocolates, located at 217 King Street West, for the operation of a sidewalk patio for a
period not to commence prior to execution of the Agreement by all parties and such use
to terminate no later than October 31, 2009 or such later date as approved by the Director
of Operations; and further
That subject to compliance with staff recommendations as set out in Report CRPS-09-
101,the alternative to fencing, being planter boxes and plants, be allowed; and further
That section 5.(b) of Council Policy I-1205 (Outdoor Patios -Encroachment Agreement)
be amended by adding at the end of the section "(or delegate thereof)"."
REPORT:
The operators of The Silver Spoon Fine Chocolates located at 217 King St. W. have requested
permission to operate a patio for the 2009 season. This is a new patio request for this location
and the establishment does not have a liquor licence. The appropriate staff has reviewed this
request and have no concerns with the proposed patio layout.
The operators have requested an alternative to fencing for the patio and would like planter
boxes instead of fencing. This is the first request received for an alternative to fencing. Staff is
currently reviewing the use of planter boxes. Upon this review, it has been suggested that a
guideline for planter boxes be implemented. The suggested guideline is the combined height of
a planter and plants are required to be minimum of between 36" to a maximum of 48". Any
planter box must be stable and at least 6" wide for each foot of height for stability (for example,
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a 30" high planter box must be at least 15" wide). For this patio, staff have identified that the
requested planter boxes will need to be wider and staff will assist the operators with finalizing
the required dimensions of the planter boxes. In addition to meeting this ratio, the business
operator would have to ensure that the planter boxes are stable. Although the proposed
materials have been approved, the Economic Development Division and KBIA have expressed
the preference for the use of stainless steel rather than wood planter frames. This preference
will be conveyed to the business operators who will make the final decision between these two
materials.
During the review of the alternative to fencing, it has been discovered that in section 5.(b) of
Council Policy I-1205 (Outdoor Patios -Encroachment Agreement) states that the proposed
materials for alternatives to fencing are to be approved by the City's Manager of Downtown and
Community Development. This section should be amended to allow approvals to also be given
by a delegate.
For this request, in the absence of the City's Manager of Downtown and Community
Development, Rod Regier will fill this role. Due to timing of Council meetings, this matter is
being brought to Council in advance of obtaining all necessary staff approvals for the alternative
to fencing.
FINANCIAL IMPLICATIONS:
N/A
CONCLUSION:
Once all appropriate staff approvals have been obtained, it would be in order to authorize the
execution of an encroachment agreement with the owners or operators of The Silver Spoon
Fine Chocolates.
ACKNOWLEDGED BY: Lesley MacDonald, Director of Legal Services
and City Solicitor
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