Report to: Development Services Committee Report Date: June 22, 2010

SUBJECT: Commercial Patio- Amendment to Site Plan Agreement

202 Main Street Unionville- Jakes on Main Pub and Grill

SC 10 116319

PREPARED BY: Regan Hutcheson, Manager, Heritage Planning, ext 2010

RECOMMENDATION:

1) That the staff report titled “Commercial Patio-Amendment to Site Plan Agreement, 202 Main Street Unionville-Jakes on Main Pub and Grill, SC 10 116319” dated June 22, 2010 be received;

2) That the existing site plan agreement for the commercial patio associated with the restaurant located at 202 Main Street (Jakes on Main Pub and Grill), Unionville be amended to reflect the following:

- the outdoor patio area to be restricted to a maximum area of 239.4 m² in size, representing 40% of the restaurant gross floor area which is permitted by the Town’s Outdoor Patio By-law 71-96;

- the outdoor patio area shall be the size and configuration existing on June 22, 2010, plus an additional 8 sq m of patio space on the veranda;

- the reference to seating capacity be removed and left to be regulated by the Alcohol and Gaming Commission; and

- the outdoor patio is to use only plain umbrellas without advertising;

3) And that Staff be authorized and directed to do all things necessary to give effect to this resolution.

1. Purpose 2. Background 3. Discussion 4. Financial

5. Others (HR, Strategic, Affected Units) 6. Attachment(s)

PURPOSE:

The applicant is requesting an amendment to the site plan agreement to address the limitation placed on seating capacities and size of outdoor patio.

BACKGROUND:

The property was changed to a restaurant in 1994

In 1994, the applicant converted a former retail/office establishment to a restaurant/office. As part of the redevelopment, an addition to the building was approved on the south elevation and a commercial patio was approved for part of the front lawn area.

On May 24, 1994, Council indicated no objection to the liquor licence application subject to among other requirements:

1) compliance with all applicable provisions of the zoning by-law (parking requirements);

2) the owner entering into an agreement with the Town to integrate parking with neighbouring properties; and

3) the applicant receiving site plan approval for the proposed building addition.

On June 14, 1994, Council approved a site plan application for the addition to the building subject to among other requirements:

1) the owner agreeing to integrate his parking lot with the parking lots on adjacent properties, when required to do so by the Town;

2) the owner agreeing to use the third floor of the building only as office space; and,

3) the owner obtaining approval from the Committee of Adjustment to reduce the number of required parking spaces.

As a parking shortfall was identified, the applicant applied to the Committee of Adjustment for relief from the parking requirements to reduce the number of required parking spaces from 39 to 20. The Committee supported the reduction in parking subject to integration of the owner’s parking lot with the parking lots on adjacent properties, when required to do so by the Town and subject to the third floor being used only for office space.

On June 13, 1995, Council approved an amendment to the existing site plan agreement for an outdoor patio subject to the following conditions:

1) that the outdoor patio area be restricted to a total of 70 seats (50 seats on the patio plus 20 seats on the veranda);

2) that live music be restricted to 5 times annually;

3) that the applicant enter into an agreement with the Town agreeing to make application for a liquor licence permitting a grand total of 70 outdoor seats only.

The original proposal by the applicant in 1995 was to provide seating to accommodate 130 persons on the patio. However, Council was informed at the time that various concerns had been expressed regarding the proposed patio and its size. The application was later revised to 70 outdoor seats, and approved by Council.

The initial liquor licence for the restaurant from the Alcohol and Gaming Commission was for 210 seats located in the basement, main floor and second floor. The restaurant later received a licence for an outdoor patio with 20 seats on the veranda and 50 seats on the ground, consistent with the site plan approved by Council, to a grand total of 280 seats.

Council approved a redistribution of seating capacities in 2004

The applicant applied to the Alcohol and Gaming Commission of Ontario in 2004 to rebalance the existing seating capacities to reflect current business trends. The original licence indicated a capacity of 280 seats (210 seats inside and 70 seats outside). It was indicated that the business no longer needed a licence for the basement as it is used for washroom and storage, and the allocation of seats for the other floors was greater than the need. The applicant requested a decrease in the capacity inside and an increase in the capacity outside. In January 2004, Council approved an amendment to the site plan agreement maintaining a maximum seating capacity of 280 seats including an outdoor patio area of 239 sq m in size comprising 152 seats. There were a number of other requirements regarding by-law conformity.

OPTIONS/ DISCUSSION:

Applicant proposes a further revision to seating capacity

The applicant has indicated that 2009 was a challenging year on Main Street and that the restaurant relies on summer business to carry them through the winter (Appendix ‘A’). An application has been submitted to amend the site plan agreement to maximize their summer business. The applicant would like to increase the interior seating capacity as well as the patio seating. The following chart illustrates the proposed and past seating allocations:

	Pre- 2004 (seats)	Existing Situation Council 2004 (seats)	Proposal 2010 (seats)
Main Floor	120	86	120
Second Floor	50	42	50
Basement	40	0	0
Sub-total Interior	210	128	170

Veranda	20	14	22
Patio	50	138	178
Sub-Total Exterior	70	152	200

TOTAL	280	280	370