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2. WaIVER TO THE CITY OF OTTAWA ENCROACHMENT BY-LAW 2003-446 FOR 357
Preston Street DÉROGATION AU RÈGLEMENT MUNICIPAL 2003-446 DE LA VILLE D’OTTAWA SUR
LES EMPIÈTEMENTS POUR LE 357,
RUE PRESTON
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Committee recommendation
That Council
approve the waiver of Provision 65 of the Encroachment By-law 2003-446, to
permit an outdoor patio within thirty metres (30m) of a property zoned for
residential use.
recommandation du comité
Que le Conseil approuve la dérogation à la Disposition 65 du Règlement
municipal 2003-446 sur les empiètements, afin de permettre la construction
d’une terrasse à moins de trente mètres (30 m) d’une propriété dont le zonage
est de type résidentiel.
Documentation
1.
Councillor Diane Holmes’ report dated 17 March 2008 (ACS2008-CCS-TRC-0002).
Report to / Rapport au :
Comité des transports
and Council / et au Conseil
17 March 2008 / Le 17 mars 2008
Submitted by / Soumis
par :
Councillor /
Conseillère Diane Holmes, Somerset Ward
Contact
Person/Personne ressource : Councillor / Conseillère Diane Holmes, Quartier
Somerset Ward
(613) 580-2484 / Diane.Holmes@ottawa.ca
REPORT RECOMMENDATION
That the Transportation Committee
recommend Council approve the waiver of Provision 65 of the Encroachment By-law
2003-446, to permit an outdoor patio within thirty metres (30m) of a property
zoned for residential use.
RECOMMANDATION DU RAPPORT
Que le Comité des
transports recommande au Conseil d’approuver la dérogation à la Disposition 65
du Règlement municipal 2003-446 sur les empiètements, afin de permettre la
construction d’une terrasse à moins de trente mètres (30 m) d’une propriété
dont le zonage est de type résidentiel.
BACKGROUND
The owner of a new restaurant located at 357 Preston Street is seeking permission to operate a seasonal outdoor patio, partially located on the Preston Street road allowance. The application was rejected by staff, in accordance with Section 65 of the City of Ottawa Encroachment By-law 2003-446, which requires that a new outdoor patio conform to the Zoning By-law requirement for a land-use separation distance of thirty metres (30 m) from any property zoned for residential use. The applicant has approached the Ward Councillor to request a waiver to this provision of the Encroachment By-law.
DISCUSSION
The restaurant is located on the southeast corner of the intersection of Preston Street and Aberdeen Street (Document 1). This area has a mix of retail, residential, restaurant uses, with a seasonal outdoor patio in operation on the northeast corner of same intersection, on the private property section of the Preston Street frontage.
In 2006, the ground floor of the two-storey building on the site was converted from retail space to restaurant use under Site Plan Control File No. D01-12-07-1024 (Document 2).
The road allowance on Preston Street has a concrete sidewalk of width 1.8m, parking meters, and an inner boulevard that has been surfaced with brick pavers. An area of the patio of 1.4m by 10m would be located on the road allowance (Document 3).
A portion of the outdoor patio is located on private property, within thirty metres (30 m) of a property zoned as residential. A minor variance from the City of Ottawa Zoning By-law 93 of 1998 was required to permit a reduced separation distance of 28m, and was granted by the Committee of Adjustment for the City of Ottawa on 4 July 2007. Conditions included a restriction on the size of the patio to a maximum of 2.29m x 9.96 m, and that additional lighting be restricted to table lamps.
Staff must reject an application for a seasonal outdoor patio encroachment within 30m separation from a property zoned as residential, in accordance with the City of Ottawa Encroachment By-law 2003-446. The applicant has approached the Ward Councillor seeking waiver of this provision of the by-law.
CONSULTATION
The proposal was circulated to over 100 property owners and tenants within a ninety-metre (90 m) radius of the proposed outdoor patio (Document 4). No responses were received.
The Preston Business Improvement Association is aware of and supportive of the application.
The proposal was also circulated internally to staff of Infrastructure Management, Building Services, Planning Transit and the Environment, By-law Services, Traffic and Parking Operations and the Planning, Environment and Infrastructure Policy Branch. No internal objections were received.
The proposal was the subject of a Utilities Circulation and no objections to the proposal have been received.
FINANCIAL IMPLICATIONS
The yearly fees payable to the City of Ottawa for the annual temporary patio encroachment permit would amount to approximately $2768.00.
SUPPORTING DOCUMENTATION
Document 1 - Key Plan
Document 2 - Site Plan Control Delegated Authority Report
Document 3 - Proposed outdoor patio
design
Document 4 - Circulation letter to
residential property owners and tenants within 90 metres
DISPOSITION
The Public Works and Services Department will advise the applicant of City Council’s decision.
Document 1
Key Plan
Document 2
Site Plan Control
Delegated Authority Report
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SITE PLAN CONTROL
APPROVAL APPLICATION
DELEGATED AUTHORITY
REPORT
MANAGER, DEVELOPMENT APPROVALS, DIVISION,
PLANNING BRANCH
Site Location: 357-361 Preston Street
File No.: D07-12-07-0124
Date of Application: May 28, 2007
This SITE PLAN
CONTROL application submitted by Henry Chaloub, on behalf of
Marcello & Christine Fata, is APPROVED as shown on the following plan(s):
1. Site and
Landscape Caffe’Nostra Ltd., 357 Preston Street, Job No. 070404 prepared
by s. henry chaloub design, dated March 2007, revised June
20, 2007 and dated as received by the City of Ottawa on June 25, 2007.
And
subject to the following Standard and Special Conditions:
Standard Conditions
1. The Owner shall execute the City's standard Letter of Undertaking and satisfy the conditions contained within this Delegated Authority Report. In the event the Owner fails to execute the required Letter of Undertaking and submit any required fees and/or securities within six months, this approval shall lapse.
2. Permits
The Owner(s) shall obtain such permits as may be required from Municipal or Provincial authorities and shall file copies thereof with the Director, Planning Branch.
Special Conditions:
1. The owner will install a grease interceptor as Per section 7.4.4.3 of Ontario Code &
Guild for Plumbing and as Per appendix A-7.5.4.2
2. Water Services
The Owner agrees that he will submit a letter from a licensed professional engineer stating that the existing water service is adequate for the new use of the property prior to issuing of the building permit; otherwise, the Owner will upgrade the water service at his own expense with application to the City.
3. Monitoring Manhole
The Owner agrees to install a sanitary
sewer-monitoring manhole at his own expense when required by the City at a
convenient location as approved by the City.
Date Grant
Lindsay
Manager, Development Approvals Central/West
Planning
Branch
Attach:
Site Plan Control Application approval – Supporting Information
SITE PLAN
CONTROL APPROVAL APPLICATION
SUPPORTING
INFORMATION
SITE
LOCATION
This
site, 357-361 Preston Street, is located on the southeast corner of Preston
Street and Aberdeen Street, D07-12-07-0124
SYNOPSIS
OF APPLICATION
The corner site is
occupied by a two-storey building (357 Preston) that has retail use at-grade
and a residential unit on the second floor.
There is also a one-storey residential building (361 Preston) on the
property. The total area of the
property is 560.55 square metres. A
total of 11 parking spaces are available at the rear of the property with
vehicular access from both Preston and Aberdeen Streets. Surrounding uses comprise of a mix of
commercial and residential uses along Preston Street and a parking lot abutting
the subject property at the rear.
The purpose of the Site Plan Control
Application is to permit the conversion of 231.70 m2 of the ground
floor and portion of basement area of the building at 357 Preston Street from
retail space to a restaurant use. The
changes to the building will be restricted to the interior of the building, and
the parking is presently available at the rear of the two buildings. An outdoor seasonal patio is also proposed
along Preston Street at the front of the corner building at 357 Preston
Street.
An application for Minor Variance has been
submitted on May 28, 2007, for permitting an aisle reduction for one parking
space and to permit an outdoor patio being 28.5 metres from a residential
zone. The residential zone at the rear
of the site is presently used as a parking lot.
DECISION
AND RATIONALE
This
application is approved for the following reasons:
·
The proposed change of use and site improvements along
Preston Street are in keeping with the applicable Official Plan policies
contained in Volume I, Section 3.6.3 Mainstreets. The
existing two-storey mixed-use building is architecturally pleasing, lively in
its mix of uses, oriented to the street, friendly to pedestrians and presents a
strong, continuous building edge along the sidewalk. The proposed seasonal outdoor patio will also add to the street
atmosphere in Little Italy.
General
·
A Letter of
Undertaking is required
as a condition of approval to ensure that the subject site is developed to the
satisfaction of the City of Ottawa.
·
The
Planning, Transit and Environment Department has required that Standard and
Special Conditions be included in the Letter of Undertaking. The Conditions
relate to requirements such as permits, reinstatement of City Property, grease
interceptor, water services, monitoring manhole, landscaping and landscape
security.
CONSULTATION
DETAILS
Councillor Diane Holmes – Somerset
Ward has concurred with the proposed conditions of approval.
Public
Comments
This
application was not subject to the Public Notification and Consultation Policy.
APPLICATION
PROCESS TIMELINE STATUS
This Site
Plan application was processed by the “On Time Decision
Date” established for the processing of an application that has Manager
Delegated Authority.
Contact :
Denis Charron Tel: 613-580-2424
ext. 13422, fax 613-580-2576 or e‑mail :
Denis.Charron@ottawa.ca
PUBLIC NOTIFICATION OF DECISION LIST
Site Plan
Control Application:
Site
Address: 357-361 Preston Street
File
No.: D07-12-07-0124
No notice of approval to members of the public needs
to be sent since this application was not subject to the Public Notification
and Consultation Policy. However, the
following to be notified of the decision:
Applicant/Agent
Henry Chaloub
920 Bathgate Drive
Ottawa, ON
K1K 4B3
Property Owner
Joseph
Peloso
357
Preston Street
Suite 200
Ottawa, ON
K1S 4M8
Tenants/Restaurant Owners
Marcello
& Christine Fata
357
Preston Street
Ottawa, ON
K1S 4M8
Document 3
Proposed outdoor patio design
Document 4
Circulation letter to residential
property owners and tenants within 90 metres
File Number E02-01-PRESTON 357
Re: Proposed Outdoor Patio - 357 Preston Street
The City of Ottawa’s Safety and Traffic Services Division has received a
request for permission to operate an outdoor patio at the above-mentioned
location.
The purpose of this letter, in accordance with the Encroachment By-law, By-law 2003-446, is to allow the owners of property located within 90 metres of such applications to provide comments on the proposal.
For your information, the approximate area of the proposed outdoor patio on City property will measure approximately 12.24 square metres in area, as per the attached plan.
Should you have any objections or concerns regarding this proposal, you are requested to submit your comments in writing to Ms. Amanda Leduc of this Branch within 15 working days from the date of this letter. Should this Branch not receive a reply within the allotted time, it will be assumed that you have no comments/objections.
For further information regarding this matter, please contact Amanda Leduc at 613-580-2424, extension 30082 or via email at Amanda.Leduc@ottawa.ca.
Amanda
Leduc
Senior By-law Administrator- West
Safety and Traffic Services Division
Department of Public Works and Services & Services
Attach. 1. Plan for proposed patio at 357 Preston Street
Cc: Councillor Diane Holmes, Somerset, Ward 14 (01-02)