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 
                                     - 2 -


   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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