13.REQUEST FOR OUTDOOR EATING AREA - NOVA ERA BAKERY,

488-490 ROGERS ROAD, Ward 27, York-Humber.

Commissioner Operations Services, York Civic Service Centre

(May 29, 1998)

Purpose:

Mr. Helder Costa, Nova Era Bakery, 488-490 Rogers Road is requesting permission to establish an outdoor eating area adjoining his premises, within the Watt Avenue road allowance.

Funding Sources, Financial Implications and Impact Statement:

None required.

Recommendations:

That, the City Clerk give public notice of Nova Era Bakery=s application for an outdoor eating area within the Watt Avenue road allowance;

Further, notice granting the public opportunity to provide comment to this application at a York Community Council meeting;

Upon hearing public comments, the decision to grant a permit be decided by Council.

Council Reference/Background History:

Mr. H. Costa, Nova Era Bakery, 488-490 Rogers Road, is requesting permission to establish an outdoor eating area adjoining his premises within the Watt Avenue road allowance.

Comments and/or Discussion and/or Justification:

The primary guideline for outdoor eating areas located along residential flankages is to provide buffering and screening to minimize any audio or visual impacts that may affect residential properties, whereupon, public notice is given, with an opportunity for public input, with the decision to grant a permit decided by Council.

Nova Era Bakery, 488-490 Rogers Road is located on the north/east corner Rogers Road and Watt Avenue, within Ward 27, York Humber.

Mr. H. Costa is requesting to establish an outdoor eating area measuring 4.45 metres by 12.05 metres (Appendix I). The owner is proposing to construct a removable wooden structure. The eating area is to be cordoned off with a one metre high wood railing.

The current established outdoor eating area guidelines are as follows:

(1)A minimum pedestrian sidewalk clearance of 2.14 metres from face of curb to the perimeter of the eating area.

The application is in compliance.

(2)Where an outdoor eating area is located along the flankage of a building, along a residential side street there must be a sufficient setback from the residential properties and/or screening to the outdoor eating area as not to have an adverse impact.

This application provides a 1.5 metre high wood lattice screening along the north wall of the outdoor eating area. The closest residential property is located 21.75 metres from the proposed outdoor eating area.

(3)An outdoor eating area in a commercial-residential zone across the street from a residential zone must provide a buffer from the residential use across the street.

The zoning immediately adjacent to this application is similar, being mixed use commercial-residential. Buffering, therefore, would not be a condition of approval.

(4)Outdoor eating areas in commercial-residential zones fronting on residential side streets must provide a minimum separation between the perimeter of the outdoor eating area and any residential entrance in the same or an adjoining building.

This application is for an outdoor eating area along the flankage, separation from any residential entrance, therefore, would not be a condition of approval.

(5)An outdoor eating area must be paved before a licence is issued. Acceptable materials include concrete, granite, brick, wood and lockstone.

The applicant is proposing a wooden structure, with a cedar or pressure treated deck flooring and therefore in compliance.

(6)All outdoor eating areas must have perimeter fencing. Further, screens may enclose the sides and the street edge of an outdoor eating area below the fence.

The applicant is proposing a 1 metre high wooden railing as a perimeter enclosure and therefore in compliance.

(7)All elements of the outdoor eating area must be readily removable to accommodate the primary functions of the road allowance.

This application is for a removable wooden structure, with no foundations. The proposed structure is to be constructed on precast concrete pads resting on top of the existing asphalt boulevard, being removable and therefore in compliance.

Conclusions:

Both the Building Division and Health Unit were contacted to provide their respective comments concerning this application and reported the following:

Building Division

The maximum area allowed for an outdoor eating area according to the Zoning By-law 1-83, Section 3, Clause 32 (b) is 53.65 square metres, representing 50 % of the total area devoted to patron use.

The proposed outdoor eating area measures 53.62 square metres, being in compliance, therefore, with the Zoning regulations.

Health Unit

The Health Unit has no objection to Nova Era Bakery=s application for an outdoor eating area, located at 488-490 Rogers Road.

Nova Era Bakery=s application meets all of the guidelines for an outdoor eating area within the Watt Avenue road allowance. Based on Council=s policy, therefore, public notice be given of Nova Era Bakery=s application for an outdoor eating area. Notice granting the public an opportunity to provide comment at York Community Council, upon which the decision to grant a permit be decided by Council.

Contact Person:

Stephen C. Brown

Manager Traffic/Parking

394-2655

394-2888 (fax)

 (A copy of Appendix 1, referred to in the foregoing report, was forwarded to all Members of Council with the agenda of the York Community Council meeting of June 24, 1998, and a copy thereof is on file in the Clerk's Department, York Civic Service Centre.)