SUPPORTS ITEM NO. 2
P&E COMMITTEE AGENDA
FEBRUARY 22, 1996
ADMINISTRATIVE REPORT
Date: February 6, 1996
File No. 3725RENF
TO: Standing Committee on Planning & Environment
FROM: Director, Permits and Licenses
SUBJECT: 3725 Renfrew Street
RECOMMENDATION
THAT Council instruct the Director of Permits and Licenses to
withhold enforcement action regarding the use of the first storey
of 3725 Renfrew Street as a children's dance studio with ancillary
retail for the life of the existing building.
GENERAL MANAGER'S COMMENTS
The General Manager of Community Services RECOMMENDS approval of
the foregoing.
COUNCIL POLICY
There is no Council policy directly related to this issue.
BACKGROUND
The main floor of this building has been occupied as a dance studio with
accessory retail since 1981. This use was approved by the Board of
Variance for a limited period of time and has been extended by the Board
a number of times. The last extension, authorized by the Board of
Variance in 1993 and approved under Development Permit No. DP808465 was
to December 31, 1995. When considering the last appeal in December of
1993, the Board informed the tenants that any further appeal must be
heard prior to the expiry of the Development Permit.
SUBJECT: 3725 RENFREW STREET
DISCUSSION
On December 5, 1995, over three weeks prior to the expiry of Development
Permit No. DP808465, the tenants submitted an appeal to the Board of
Variance requesting a further extension. However, because the deadline
for the meeting of December 13, 1995 had already passed and the next
Board of Variance meeting was not until
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January 10, 1996 due to the Christmas holidays, the Development Permit
expired before the appeal could be heard. Ordinarily the Board of
Variance meets every two weeks; hence, if it weren't for Christmas
holidays, a meeting would have been held on December 27, 1995. Given
that circumstances had not changed since the original approval,
presumably the Board of Variance would have granted a further extension
of time.
However because the Development Permit had expired, the Board no longer
had jurisdiction to hear the appeal.
Our records indicate that the Zoning of the property is C-1. A dance
studio, which is a school for Arts or Self Improvement by Zoning by-law
definition, is not a permitted use in this zone. Consequently, the
Director of Planning has no jurisdiction on this matter and the use must
be discontinued.
CONCLUSION
This use has existed since 1981 with no recorded complaints. Therefore,
because of the unusual circumstances, staff are recommending that
enforcement action be withheld with respect to this occupancy.
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