HomeMy WebLinkAboutCD-18-93 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Meeting: General Purpose and Administration Committee File#
Date: Monday, September 20, 1993 Res. #
By-Law#
Report#: File #:
Subject: BRIAN WARD - REFRESHMENT VEHICLE APPLICATION
Recommendations:
It is respectfully recommended that the General Purpose and
Administration Committee recommend to Council the following:
1. THAT Report CD-18-93 be received;
2 . THAT the Clerk's Department be authorized to issue a Refreshment
Vehicle License to Mr. Ward.
1. BACKGROUND:
In July of 1993, the By-law Enforcement Division received complaints
concerning an unlicensed refreshment vehicle located at the north east
corner of Taunton Road and Townline Road. On July 27, 1993 officers
attended at 1404 Taunton Road and spoke to the operator of the vehicle
operating under the name of the "Bus Stop" .
The operator, Ruth Ward, indicated that she had recently purchased the
business from the previous owner Susan Holman. Mrs . Ward did not at
that time have a Town of Newcastle Refreshment Vehicle License issued
to her.
On inspecting the vehicle, the officers noted a Town of Newcastle
Refreshment Vehicle License #024 of the year 1990 attached to the rear
of the vehicle. Mrs . Ward was advised that she would have to acquire a
license in order to legally operate within the Town.
2. REPORT:
In August of this year, Mr. & Mrs . Ward attended at the By-law
Enforcement Division office and spoke to an enforcement officer and
staff from the Planning Department.
At that time it was found that the property on which the vehicle is
situated, 1404 Taunton Road is zoned "C-611 . This zoning permits a motor
vehicle fuel bar and service station, but does not permit a take-out
eating establishment. The Wards maintain that the vehicle had been
there for a number of years . As a result, staff checked the preceding
By-law #2111 of the former Township of Darlington.
RE'RYCL E I
THE3 S E-ED M RE GY-D MEER
REPORT NO. CD-18-93 PAGE TWO
Under that By-law, the property had been zoned "R1" which also did not
allow a take-out eating establishment. Given this situation, it
appeared that staff would not be able to license the business as a legal
non-conforming use.
On September 7, 1993, Mr. Ward appeared before the General Purpose and
Administrative Committee to seek Council's direction. At that time,
staff were instructed to investigate the matter and prepare a report
forthwith.
The Refreshment Vehicle License records date back to 1980. On a review
of the files, it appears that there have been seven licenses issued for
Refreshment Vehicles at that location. These licenses have been issued
to various people and the description of the vehicles involved is quite
vague on some of the application forms making it difficult to ascertain
if this is in fact, the same vehicle that has been licensed each time.
There have been three By-laws passed governing refreshment vehicles.
They are #76-18, #79-144, and the current By-law #91-95 . All three By-
laws state that the vehicle must comply with all the Zoning By-laws of
the Municipality, however, staff note that none of the applications bear
any indication that the question of the zoning of the property was ever
checked.
Since the passing of the current By-law in June, 1991, Planning
Department staff have been asked to comment on each application to
ensure it does comply with the zoning provisions .
4. CONCLUSION:
In view of the number of licenses which have, in the past, been issued
for a vehicle or vehicles at the north east corner of Taunton Road and
Townline Road, staff are of the opinion that we cannot now, in good
conscience, refuse to issue a license to Mr. Ward, and therefore
respectfully recommend that Council approve the issuing of a license.
Respectfully submitted,
att ' B rie, A.M.C.T.
Town Cl
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