SUPPORTS ITEM NO.  2
                                                P&E COMMITTEE AGENDA
                                                JANUARY 11, 1996     

                             ADMINISTRATIVE REPORT


                                          
                                           Date: December 5, 1995
                                           Dept. File No.2180IC.COV


   TO:       Standing Committee on Planning and Environment

   FROM:     Director of Permits and Licenses,
             (In   Consultation   with  the   Directors   of  Environmental
             Health and Land Use and Development)

   SUBJECT:  1525 Yew Street - Rossini's Restaurant


   CONSIDERATION

             THAT  Council instruct  staff to withhold  enforcement against
             Rossini's  Restaurant holding  jazz sessions  by a  maximum of
             four musicians from 3:30 to 6:30 p.m. on Saturdays, subject to
             compliance by Rossini's.

   GENERAL MANAGER'S COMMENTS

        The General Manager of Community Services submits the  foregoing
   for CONSIDERATION.

   COUNCIL POLICY

   Council policy is  defined in  the Zoning and  Development By-law  which
   outlines the definition  of Restaurant - Class 1 and  Restaurant - Class
   2.

   BACKGROUND

   Mr.  Arni May,  President of  Rossini's at  1525 Yew  Street, previously
   requested special permission from  Council to hold jazz sessions  with a
   maximum of  four musicians from 3:30  to 6:30 p.m., on  Saturdays at his
   Restaurant -  Class 1.    The Zoning  and Development  By-law defines  a
   Restaurant - Class 1  as having a maximum of two entertainers and no use
   of any amplified musical instruments.

   As  Rossini's  was  in contravention  of  the  by-law,  the Permits  and
   Licenses  Department  initiated  enforcement  action  due  to complaints
   received from  area  residents.   Mr.  May was  unable  to apply  for  a
   Restaurant -  Class 2 which would  allow these sessions, as  this use is
   not permitted in  the C-2B  District Schedule for  this area.   Planning
   staff did not support amendments to the by-law to allow 



                                      -2-


   Restaurant - Class 2.  On June 16, 1994, Mr. May appeared before Council
   Committee and argued that:  "there is little noise associated with these
   time  limited  sessions, and  they  provide  a popular  opportunity  for
   musicians to perform".

   Council subsequently resolved:

        THAT  Council  instruct  staff  to  withhold  enforcement   against
        Rossini's Restaurant  holding jazz sessions  by a  maximum of  four
        musicians,  from 3:30  - 6:30  p.m. Saturdays  for a period  of one
        year, subject to compliance by Rossini's.

   DISCUSSION

   Planning  staff continue  to  be concerned  about  amending the  current
   definitions  of restaurant  or amending  the C-2B  District Schedule  to
   allow Restaurant - Class 2.   This is a residential neighbourhood, zoned
   for a limited amount of commercial uses which have minimal impact on the
   surrounding area.

   Staff have now  monitored this business over the past  two summers.  The
   Permits and Licenses Department has not received any complaints, and the
   Environmental Health Division received one complaint that the rear  door
   had been  left  open.    Rossini's has  also  been  complying  with  the
   conditions set out,  which include  the time limitation  and maximum  of
   four entertainers. 

   CONCLUSION

   A  continuation of  withholding  enforcement against  this specific  use
   appears  to  be  a logical  solution  to  the  problem, subject  to  the
   conditions previously set out.



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