4. TEMPORARY FEE REDUCTION FOR PATIO ENCROACHMENT FOR SECOND CUP COFFEE SHOP AT 1091 BANK STREET

RÉDUCTION TEMPORAIRE DES DROITS CONCERNANT L’EMPIÉTEMENT DE LA TERRASSE DU CAFÉ-RESTAURANT SECOND CUP SITUÉ AU 1091 DE LA RUE BANK

commITTEE RECOMMENDATION

That Council approve:

1. That the business located at 1091 Bank Street be charged the Boulevard Rate under By-law 2003-446 for their seasonal patio encroachment.

2. That the approval of this reduced rate associated with these temporary encroachments continue until the completion of the Sunnyside Avenue Water Main Rehabilitation Project is completed, including restoration of road surface.

recommandation du COMITÉ

Que le Conseil approuve:

1. Qu’en vertu du règlement 2003-446, on facture le taux d’accotement à l’entreprise située au 1091 de la rue Bank pour l’empiétement saisonnier de sa terrasse;

2. Que l’approbation dudit taux lié à ces empiètements temporaires reste en vigueur jusqu’à l’achèvement du projet de remise en état des conduites d’eau principales de l’avenue Sunnyside, ce qui comprend la réfection de la chaussée.

Documentation

1. Transportation Committee report dated 5 July 2006 (ACS2006-CCS-TRC-0010).

Report to/Rapport au:

Council/et au Conseil

5 July 2006 / le 5 juillet 2006

Submitted by/Soumis par: Transportation Committee / Comité des transports

Contact / Personne-ressource : Anne-Marie Leung, Committee Coordinator /

Coordonnatrice du comité,

City Clerk’s Branch/Direction du greffe

580-2424, Ext./poste : 21385, Anne-Marie.Leung@ottawa.ca

Ward 17 (Capital/Capitale)

Ref N°: ACS2006-CCS-TRC-0010

SUBJECT: TEMPORARY FEE REDUCTION FOR PATIO ENCROACHMENT FOR SECOND CUP COFFEE SHOP AT 1091 BANK STREET

OBJET: RÉDUCTION TEMPORAIRE DES DROITS CONCERNANT L’EMPIÉTEMENT DE LA TERRASSE DU CAFÉ-RESTAURANT SECOND CUP SITUÉ AU 1091 DE LA RUE BANK

REPORT RECOMMENDATION

That Council approve:

1. That the business located at 1091 Bank Street be charged the Boulevard Rate under By-law 2003-446 for their seasonal patio encroachment.

RECOMMANDATION DU RAPPORT

Que le Conseil approuve:

1. Qu’en vertu du règlement 2003-446, on facture le taux d’accotement à l’entreprise située au 1091 de la rue Bank pour l’empiétement saisonnier de sa terrasse;

BACKGROUND

At its meeting of 5 July 2006, the Transportation Committee approved this report brought forward by Councillor Doucet for consideration by the Committee as a late item, pursuant to Section 81(3) of the Procedure By-Law (being By-Law No. 2005-431).

The Second Cup Coffee Shop is located at a major pedestrian intersection in the Old Ottawa South community at Bank and Sunnyside, and is one of many new businesses in this neighbourhood that is reflective of the changing lifestyles of the community.

As a destination coffee shop in the community, this business has supported the creation of the Canadian Folk Walk of Fame tourism district, including the addition of a mural on the north face of the building depicting the first four Canadian folk artists awarded with embedded maple leaf plaques in the City’s sidewalks.

During the massive reconstruction of Bank Street in the summer of 2003, the coffee shop did not have a patio encroachment as the construction noise and dirt made it impossible to enjoy the use for which such a patio is designed – namely, to sit outside in the fresh air. The air was not fresh; the street was far from quiet. Upon completion of the roadwork, the patio was constructed and has been open for business ever since.

Recently, Bank and Sunnyside has again been the target of a major capital projects and this has resulted in the patio being made an undesirable aspect of the coffee shop. Caught between the need to be ‘open for business’ and the realization that there is a cost element to keeping a patio open, the owner has sought to reduce his costs, making the patio available in the hours when the construction crews are not creating the undesirable conditions that keep potential patrons away.

The provisions under Schedule B of By-law 2003-446 designate this business as “an outdoor patio rental on a sidewalk”. It is the Councillor’s position that the patio should be considered an exception under the By-law because the patio season has been in effect decreased in duration as a result of the construction that is ongoing. Therefore, the Councillor recommends that the business owner be assessed at the lower encroachment fee for “outdoor patio rental on a boulevard”, which is approximately half the fee they are currently being charged. It is further recommended that this lower fee be for the 2006 season, and that if the construction is not completed within this time period that a separate application be made in the future should it be deemed necessary.

CONSULTATION

The Traffic and Operations Branch, responsible for the administration and enforcement of patios on the road allowance, has been consulted in the preparation of this report and does not object to the recommendations. This proposal does not require community consultation.

FINANCIAL IMPLICATIONS

Subject to City Council approval, the effect would be a reduction in permit fees charged. The rental on the boulevard rate of $.49/m² would charge a total permit fee of $802.62 versus the rental on the sidewalk rate of $1.13/ m² that would charge a total permit fee of $1,850.94. The area of encroachment for the Second Cup (1091 Bank) is 9.75 m². Encroachment fees for patios are charged on a per diem/m² basis from April 15^th to September 30^th.

The recommendation to reduce fees is a temporary measure for the 2006 patio season.

DISPOSITION

Upon City Council approval, Public Works and Services Staff is to take appropriate action.