HomeMy WebLinkAboutCLD-010-14 Clarbgton REPORT
MUNICIPAL CLERK'S DEPARTMENT
Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
Date: March 31, 2014 Resolution#: By-law#: C / x'`11
Report#: CLD-010-14 File#:
Subject: REQUEST FOR EXEMPTION TO
SETBACKS FOR REFRESHMENT VEHICLE
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CLD-010-14 be received;
2. THAT an exemption to the provisions of By-law 2004-114 be approved to allow for
two refreshment vehicles to be located within 60 metres of each other; and
3. THAT Mr. Vic Hanc be advised of Council's decision.
Submitted by: `' Reviewed by: -
Oatt .__ar ' , CMO Franklin Wu,
M6,1 icip Clerk Chief Administrative Officer
LDC/PLB
CORPORATION OF THE MUNICIPALITY OF CLARINGTON
40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L1C 3A6 T 905-623-3379
REPORT NO.: CLD-010-14 PAGE 2
1. BACKGROUND
Mr. Vic Hanc currently owns and operates a Refreshment Vehicle on a piece of
commercial land which his wife owns, located at 181 King Street East, Bowmanville. He
has requested permission to set up a second vehicle on site.
2. CIRCUMSTANCES
The subject site is a vacant lot on the south side of King Street East just west of Liberty
Street. Mr. Hanc has operated from this location for several years. He now wishes to
set up a "pizza wagon approximately 22 feet south (7 metres) of the first vehicle. The
units would share hydro and propane supplies. Mr. Hanc has provided a sketch of the
proposed layout and it is included in this report.
By-law 2004-114 which regulates and licenses refreshments vehicles states, in
Section 13(a):
"No vehicle shall be used to conduct business;
a) within 60 metres of any eating establishment"
This would include any other dine-in or take-out business. This setback helps protect
vendors from being overrun with other vehicles and protects permanent establishments
from loss of business to the chip trucks and carts.
Because of this setback requirement, Mr. Hanc requires an exemption to the by-law in
order to operate the pizza wagon on the site. In this case both the property owner and
the business operator are the same person. There is no detriment to any other person
in the area. The use of shared supply sources makes for a more efficient operation.
Since the vehicles are not permanent structures, and there is no approved site plan for
the lot, the Planning Services Department does not have any concerns with this matter.
3. CONCURRENCE
This report has been reviewed by David Crome, Director of Planning Services, and
Andrew Allison, Municipal Solicitor, who concur with the recommendations.
4. CONCLUSION
The granting of an exemption from the setback requirements in the by-law will not have
any adverse effects on the rest of the community and will better serve Mr. Hanc's
customers by offering a wider choice in dining. It is therefore recommended that an
exemption to the setback provisions of Section 13 of By-law 2004-114 be granted to
Mr. Vic Hanc to allow for the pizza wagon to be located on the same property as his
chip truck.
REPORT NO.: CLD-010-14 PAGE 3
CONFORMITY WITH STRATEGIC PLAN — Not Applicable
Staff Contact: Len Creamer, Manager, Municipal Enforcement
Attachments —Attachment No. 1 — sketch of proposed layout of site
List of interested parties to be advised of Council's decision:
Mr. Vic Hanc
Attachment 1 to
Report CLD-010-14
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