Agenda Index City of Vancouver

ADMINISTRATIVE REPORT

TO:

Vancouver Liquor Licensing Commission

FROM:

Chief License Inspector

SUBJECT:

3560 Fraser Street - Restaurant-Class 2
Durham Developments Ltd.

 

RECOMMENDATION

CONSIDERATION

GENERAL MANAGER'S COMMENTS

COUNCIL POLICY

Council policy requires that new liquor license applications and amendments to existing licenses be subject to a referendum if the premises are located in close proximity to residential accommodation.

PURPOSE

Durham Developments Ltd., doing business as Charming Chinese Seafood Restaurant, is requesting a Council resolution endorsing their application for a Restaurant-Class 2 at 3560 Fraser Street.

BACKGROUND

Durham Developments Ltd. applied for Restaurant-Class 2 in April 1998, and a report was considered by the Vancouver Liquor Licensing Commission on June 18, 1998. On July 7, 1998, Council passed the following resolution:

Responses to the neighbourhood notification elicited 15 letters, one petition with 430 signatures and four telephone calls opposing the application. Speakers expressed concern over the amount of available parking, additional traffic in the area, a new clientele that may attract illegal activity and increase in noise.

Durham Developments Ltd., advise that since the original application, they have undertaken considerable work at the restaurant to address the concerns of opposing residents and the Commission. Although the restaurant is leased, this work includes improvements to the exterior of the premises, landscaping changes and general cleanup of the surrounding private and City property.

Inspection of the site by staff revealed that while some improvement to the landscape planters is evident, little vegetation has been planted. There was other Standard of Maintenance issues, particularly the present condition of the awning on three sides of the building. The entire awning is still in need of cleaning, and certain sections of the canvas skin should be repaired or replaced.

In addition to the 19 parking spaces at the restaurant, the applicant has also entered into an agreement with two businesses close to the restaurant to utilize an additional 18 spaces in their private parking lots after 6:00 p.m. It should be noted it is Planning Department policy not to consider parking on adjacent sites unless it is secured by a registered covenant.

The restaurant has an area of 6840 square feet and seats 312. Should the Commission approve this application, patron seating would be reduced to 200 to provide for a dance floor. The type of music proposed would essentially be for ballroom dancing which would appeal to a clientele in the 40s to 60s age groups. Little disruption to the neighbourhood is expected from the older age patrons and the ballroom dancing type music would be kept at a level that would not disturb the community. The hours of operation would be between 11:00 a.m. and 12:00 midnight, seven days a week.

Durham Developments Ltd., has held Restaurant-Class 1 and dining lounge business licenses since approximately May 1987 at the Charming Chinese Seafood Restaurant, 3560 Fraser Street.

Two complaints were received by the Permits and Licenses Department that the restaurant had continued operation as a Restaurant-Class 2 after the Commission had given its decision on June 18, 1998 not to endorse the application. Inspection staff attended on two separate occasions and one inspection revealed the restaurant operating contrary to the approved use as a Restaurant-Class 1. The infraction was referred to the City Prosecutor for charges and the trial date has been adjourned to early February, pending the reapplication.

The subject premises are located in C-1 Commercial zoning district and the surrounding area is predominately one and two family dwellings, multiple dwellings, park, retail, school and church uses. The Royal Canadian Legion (No.68) is directly south on East 20th Avenue (Appendix A).

There are two Class `A' Lounge (369 seats) and 13 licensed restaurants in the survey area. The closest provincial government liquor store is located at 370 East Broadway (Kingsgate Mall).

DISCUSSION

This type of facility generally has little neighbourhood impact, due to the early closing. Council has endorsed two previous applications without a referendum, subject to the results of a neighbourhood notification and a time-limited development permit. In this case, the neighbourhood was opposed to the previous application raising concerns related to parking and noise.

COMMENTS

The Police Department has no objections, but would like to see a referendum conducted.

The Planning Department advises that any proposal to provide a Restaurant-Class 2, which allows live entertainment, would require a development permit. As part of the review process, staff would include an assessment of the anticipated impact on neighbouring sites, particularly the residential to the east. An application of this type would be reviewed in accordance with the provisions of the Cabaret and Restaurant Guidelines adopted by Council in 1988.

The Environmental Health Division of the Vancouver/Richmond Health Board inspected the premises, and as long as the restaurant management controls the music volume, there is no concern over noise problems.

The Social Planning Department and Housing Centre have no comments.

The results of the neighbourhood notification process will be provided to the Commission at the meeting.

CONCLUSION

Staff recommends that Council not endorse this application based on previous neighbourhood response. The new neighbourhood notification will provide the Commission with community feedback, but should Council wish to reconsider this application, staff recommends a neighbourhood referendum.

ATTACHMENTS THAT DO NOT HAVE ELECTRONIC COPY ARE AVAILABLE ON FILE IN THE CITY CLERK'S OFFICE

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lc990128.htm

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