7. 322 CHURCHILL AVENUE
(DONNA’S EXPRESS) 322, AVENUE
CHURCHILL (DONNA’S EXPRESS) |
Committee Recommendation
That Council approve, that pursuant
to Section 63(1)(C) of By-Law 2003-446 (the Encroachment By-Law), 322 Churchill
Avenue (Donna’s Express) be waived from the required payment for a temporary
outdoor patio encroachment permit, however the permit is still required.
Recommandation du comité
Que le Conseil approuve, en vertu du
paragraphe 63(1)C) du règlement
2003-446 sur l’empiètement, l’exemption, pour le 322 avenue Churchill (Donna’s
Express), du paiement requis pour un permis d’empiètement concernant une
terrasse extérieure temporaire. Toutefois le permis lui-même est toujours
requis.
Documentation
1. Transportation Committee Coordinator’s
report dated 22 August 2008 (ACS2008-CCS-TRC-0018).
Report to/Rapport au :
Comité des transports
and Council / et au Conseil
22 August 2008 / le 22 août 2008
Coordonnatrice de comité
SUBJECT: |
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OBJET : |
REPORT RECOMMENDATION
That
the Transportation Committee recommend to Council that pursuant to
Section 63(1)(C) of By-Law 2003-446 (the Encroachment By-Law), 322 Churchill
Avenue (Donna’s Express) be waived from the required payment for a temporary
outdoor patio encroachment permit, however the permit is still required.
RECOMMANDATION DU RAPPORT
Que le Comité des transports recommande au
Conseil municipal, qu’en vertu du paragraphe 63(1)C) du règlement 2003-446 sur l’empiètement, l’exemption, pour le
322 avenue Churchill (Donna’s Express), du paiement requis pour un permis
d’empiètement concernant une terrasse extérieure temporaire. Toutefois le
permis lui-même est toujours requis.
At the Transportation Committee meeting of 20 August 2008, the Committee agreed to suspend the rules to consider this item which was brought forward by Councillor Leadman.
Donna’s Express, a diner attached to a corner store, is located at 322 Churchill Avenue, between Wilmont and Scott Streets. There are currently three encroachments to the site:
1. The City encroaches onto the private property;
2. A fully grandfathered (patio stones)
minor permanent encroachment onto the public right of way;
3. A temporary outdoor patio (fencing) that coincides with the permanent encroachment
The patio has been in operation since 1998. The By-Law was approved as of 2003 but this year, the City attempted to enforce the temporary outdoor patio encroachment. The nature of the encroachment itself is less than a metre (and includes a fence), therefore severely limiting the ability to utilize the space for any financial gain. There is no space for additional service capacity, which is the original rationale for charging for a temporary outdoor patio encroachment as it provides additional monetary value by increased capacity.
The site has unique considerations and will not
jeopardize the consistent and uniform implementation of the encroachment
By-Law.
CONSULTATION
Consultation was carried out between the Ward
Councillor and the proprietor.
Staff is not in favour of the recommendation as
it may be establishing a precedent.
Staff does not have delegated authority to
waive the provisions of this by-law.
The 2008 fees for the encroachment would be $1,083.00.
FINANCIAL IMPLICATIONS
Approval of this report the financial impact
will be the waiving of the permit fee associated to the encroachment.
SUPPORTING DOCUMENTATION
Document 1 – Extract of Draft Minute, 20 August
2008
DISPOSITION
City staff to respond to the direction of Committee and Council.
ADDITIONAL ITEMS
POINTS SUPPLÉMENTAIRES
322
CHURCHILL AVENUE (DONNA’S EXPRESS)
322, AVENUE CHURCHILL (DONNA’S EXPRESS)
ACS2008-CCS-TRC-0018 KITCHISSIPPI (15)
Moved by A. Cullen
That the Rules of Procedure
be suspended to consider and approve the following Motion.
CARRIED
Moved by C. Leadman
Whereas the City must always be
cognizant of fair and reasoned enforcement of By-Laws;
And whereas there are three
encroachments to the site:
1. The City encroaches
onto the private property;
2. A fully grandfathered
(patio stones) minor permanent encroachment onto the public right of way;
3. A temporary outdoor
patio (fencing) that coincides with the permanent encroachment;
and whereas the patio has been in
operation since 1998. The By-Law was
approved as of 2003. Only this year
(2008) has the City attempted to enforce the temporary outdoor patio encroachment;
and whereas the nature of the
encroachment itself is less than a metre (and includes a fence). This severely limits the ability to utilize
the space for any financial gain (there is no space for additional service
capacity, which is the original rationale for charging for temporary outdoor
patio encroachment as it provides additional monetary value by increased
capacity);
and whereas the precipitating cause of
the exemption is not due to financial concerns but based on principle;
and whereas the site has unique
considerations and will not jeopardize the consistent and uniform
implementation of the encroachment By-Law;
therefore be it resolved that pursuant
to Section 63(1)(C) of By-Law 2003-446 (the Encroachment By-Law), 322 Churchill
Avenue (Donna’s Express) be waived from the required payment for a temporary
outdoor patio encroachment permit, however the permit is still required.
CARRIED