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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