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Home My WebLink AboutCS 56-05 REPORT TO EXECUTIVE COMMITTEE Report Number: CS 56-05 Date: September 1,2005 From: Debi A. Bentley, CMO, CMM III City Clerk Subject: Request for Expansion of Permitted Area for Body Rub Parlours Brock Spa, 1600 Alliance Road, Pickering Recommendation: That Report CS 56-05 of the City Clerk with respect to a request to expand the permitted area for body rub parlours by the Brock Spa, municipally located at 1600 Alliance Road, Pickering, be received; and That the request from Ms. Anna Trojanowska, Brock Spa, 1600 Alliance Road, to expand the permitted area for body rub parlours to include Alliance Road be denied and the applicant be so advised. Executive Summary: To advise of a request from the owner of the Brock Spa at 1600 Alliance Road to expand the permitted area for body rub parlours to include Alliance Road. Financial Implications: Not applicable Background: A request has been received from Ms. Anna Trojanowska, owner of the Brock Spa located at 1600 Alliance Road, Pickering, to expand the permitted area for body rub parlours to include Alliance Road. A copy of the request has been included as Attachment 1 to this report. On October 16, 2000, Council passed By-law 5764/00, being a by-law to licence and regulate body-rub parlours in the City of Pickering. The by-law restricted the location of these establishments to the Brock Industrial Area. Body rub parlours that were operating in compliance with the zoning by-laws at the time By-law 5764/00 was Report CS 56-05 Expansion of Permitted Area for Body Rub Parlours September 1, 2005 Page 2 enacted were grandfathered for five years so that they could continue to operate their establishment until December 31, 2005, at which time they would have to relocate their establishment to the permitted area. Extensive review of the licencing of body-rub parlours was undertaken in 2000 with the Police, Health and By-law Enforcement officials and therefore, from our perspective there is no compelling reason to amend our by-law at this time. Further, this location is in contravention of By-law 5764/00 and has been provided appropriate time to relocate the business into the permitted area. Attachments: Letter from Anna Trojanowska, owner of Brock Spa, 1600 Alliance Road Letter from Noel D. Gerry, Barrister & Solicitor on behalf of Ms. Anna Trojanowska Map showing the current permitted area for body rub parlours Map showing the expansion to the permitted area for body rub parlours if Ms. Trojanowska's request is approved Prepared By: Approved / Endorsed By: Debi A. Bentley City Clerk Gillis A. Paterson Director, Corporate Services & Treasurer Attachments Copy: Chief Administrative Officer Recommended for the consideration of Pickering.C~W Cou_~ ,, ,. Tl~r~1~ ,J. Quinn0~;hief~dmin~Offi~er-~ Expansion j:A-2130 Reports to Council:05 Reports:CS 56 of Permitte~ub Padours Brock Spa 1600 Alliance Rd. Pickering, Ontario, LlW 3~2 905-831-0526 March 21, 2005 Dear Mr. Bruce Taylor and Mrs. Kimberly Thompson, My Grandfathered status is about to expire. This letter serves to request that the permitted area where body rub parlours may operate as set out in Schedule 'B' of BY-LAW 5764/00 be expanded, it would be my intention to apply for an amendment to the current BY-LAW given your permission in this matter. The reasons for my request are listed below. Firstly, my proximity to the current line, the west most line in the permitted area runs through a hydro corridor which ends at my parking lot meaning that the actual line can be no more than 120 ft. from my premises. ! also feel that ! have been in full cooperation with the city since ! established my business there over 4 years ago and have always been respectful of its policies and practices. ! think it should also be mentioned that ! feel that ! have the full backing of my landlord, neighbours and peers in this request and am willing to attain documentation to support my feeling. There are also the issues of employees and suppliers who depend on my business to support them and given the costs of moving ! may be forced to close if the area cannot be expanded. Another question would be the possibility of extending the grandfathered status, if this would be acceptable it would at least provide for further exploration of my options and the possibility of relocation which is improbable at this time but may be available to me in the future. ! would like to open channels of discussion for any concerns or questions that you may have, my cellular phone number is 416-910-4266. Please feel free to call me on this matter at your convenience. Anna Tro'~f~'wska O~'~ne~'~Brock Spa NOEL D. GERRY BARRISTER & SOLICITOR By Fax (905) 420-9685 and By Courier August 23, 2005 CLERK'S DIVISION CITY OF PICKERING PICKERING, ONTARIO 50 Richmond Street East Suite #100 Toronto, Ontario M5C 1N7 Telephone: 416-972-1161 Fax: 416-362-9954 Corporation of the City of Pickering One The Esplanade Pickering, Ontario L1V 6K7 Attention: Ms. Debi Bentley, City Clerk Dear Ms. Bentley: Re.' By-law Amendment Application Brock Spa - 1600 Alliance Road, Pickering, Ontario CLERK'S DIVISION ,,, FORWARD COPY TO: i'~i~:~;~*~~ ] v'] IUFO. SYSTEMS I J MUN. PROE & ENG. ; ~ ng~ I P~NNINO S DEV. -~~. ~ PROd. & POL. ? ~;',';:~: ~ ~' ~ SUPPLy & sERv. I have been tb~ally retained by Ms. Anna Trqjanowska to act on her behalf in respect of her application for an amendment to By-law 574/2000 to expand the permitted area for the licensing of Body-rub Parlours to include the lands and premises municipally known as l600 Alliance Road, Pickering, Ontario. I would be gratelhi if you could put this correspondence before the Executive Committee of Council for their consideration prior to the meeting of September 12, 2005. Ms. Trojanowska operates Brock Spa - a licensed Body-rub Parlour at 1600 Alliance Road in the City of Pickering. The establishment existed prior to the passage of By-law 574/2000. It is located just outside the western boundary of the area established by By-law 574/2000 as the permitted area tbr the licensing of body-rub parlours. The establishment lies approximately 120 t~et from the western boundary line which runs through a hydro corridor. Notwithstanding that the fact that the establishment is located just outside the boundary established in By-law 574/2000, the City granted it "grandfathered" status and licensed the activities therein lbr a period of five years. This grandfathered status is set to expire on December 31,2005. My client is respectfully requesting that you amend By-law 574/2000 so that the grandfathered status it currently enjoys becomes permanent. In support of the request, my client requests that you kindly consider the/bllowing: 1. The establishment has been licensed and operating at its present location for a period exceeding five years; 2. There have been no charges relating to the operation of the business; 3. The premises are zoned industrial and directly abutt the area already designated tbr the licensing of body-rub parlours; 4. The premises abutts a hydro corridor; 5. There are no schools, daycare centres, recreational centres, parks or places of worship within 120 metres of the premises; 6. The owner of the unit supports this application. Please see attached letter; 7. Seven other unit holders support this application. Please see attached Acknowledgments; 8. The business employs six persons; 9. The proprietor and employees of the business rely on the income earned at the establishment to support themselves and their families. As the business has been operating and licensed tbr approximately five years, the proposed by- law amendment would effectively be a ratification of the status quo. If the by-law amendment is not granted, my client would th, ce the unfortunate circumstance of closing a viable business and losing her investment therein. We understand that there is an element of discretion in your consideration of this request and graciously request that such discretion be exercised in favour of the applicant. In return, my client promises to continue abiding by By-law 574/2000 and all other relevant rules and regulations and to continue providing quality service and employment in the City of Pickering. We thank you for taking the time to consider these comments. Yours very truly oel D. Gerry ACKNOWLEDGEMENT RE: BROCK SPA Unit #12, 1600 Alliance Road, Pickering, Ontario We, Walker Howes One Limited, are the owner of storage Unit #13_at 1600 Alliance Road, Picketing, Ontario, L1W 3V2. We hereby acknowledge that we are content that the Brock Spa, operated by Anna Trojanowska, located at Unit #12, 1600 Alliance Road, Picketing, Ontario, L 1W 3V2, continue to operate on these premises. Dated at Pickering this 2nd day of May, 2005. ~gnaturff Name ACKNOWLEDGEMENT RE: BROCK SPA Unit #12, 1600 Alliance Road, Pickering, Ontario I, . the tenant of storage Unit #/'(.~ at 1600 Alliance Road, Pickering, Ontario, L1W 3V2. I hereby acknowledge that I am content that the Brock Spa, operated by Anna Trojanowska, located at Unit #12, 1600 Alliance Road, Pickering, Ontario, L1W 3V2, continue to operate on these premises. Dated at tQ/') ~1~_~ '~Jc this__day of ,2005. ! "°--e~77,,3f ,/SigCitture of Tenant Name (printed) of Tenant ACKNOWLEDGEMENT RE: BROCK SPA Unit #12, 1600 Alliance Road, Pickering, Ontario I, ~.~_~ { [~,'~ , am the tenant of storage Unit # 1"I. at 1600 Alliance Road, Pickering, Ontario, L1W 3V2. I hereby acknowledge that I am content that the Brock Spa, operated by Anna Trojanowska, located at Unit #12, 1600 Alliance Road, Pickering, Ontario, L1W 3V2, continue to operate on these premises. Datedat ~X'gf'}/ this .~% dayof ~f'~'{ ,2005. Signature of Tenant Name (printed) of Tenant ACKNOWLEDGEMENT RE: BROCK SPA Unit #12, 1600 Alliance Road, Pickering, Ontario am the tenant of storage Unit # [f at 1600 Alliance Road, Pickering, Ontario, L1W 3V2. I hereby acknowledge that I am content that the Brock Spa, operated by Anna Trojanowska, located at Unit #12, 1600 Alliance Road, Picketing, Ontario, L1W 3V2, continue to operate on these premises. Datedat ,,,~i"*,'7/L._ I~' this--~ dayof /~p?t'c ,2005. ,:./ ~ , /-~ / /' Signatut~e of ~enai~t Name (printed) of Tenant ACKNOWLEDGEMENT RE: BROCK SPA Unit #12, 1600 Alliance Road, Pickering, Ontario I, "~LS~3r~ [~(-~qol i[R~, , am the tenant of storage Unit # q' at 1600 Alliance Road, Pickering, Ontario, LlW 3V2. I hereby acknowledge that I am content that the Brock Spa, operated by Anna Trojanowska, located at Unit #12, 1600 Alliance Road, Pickering, Ontario, LlW 3V2, continue to operate on these premises. Datedat ~,~.~t'iv~e_ this~ ~ dayof ~t)-C'( t ,2005. Sig~?r[~f~e~a~t - Name (printed) of Tenant ACKNOWLEDGEMENT RE: BROCK SPA Unit #12, 1600 Alliance Road, Pickering, Ontario I, ~--~ ~9 ~ "~ i ~"T-C ~-- , am the owner of storage Unit # "~ at 1600 Alliance Road, Pickering, Ontario, L1W 3V2. I hereby acknowledge that I am content that the Brock Spa, operated by Anna Trojanowska, located at Unit #12, 1600 Alliance Road, Pickering, Ontario, L1W 3V2, continue to operate on these premises. Dated at ~ I ~ ~/I0 6~ this ~ ~ day of ,2005. Signature of Owner Name (printed) of Owner ACKNOWLEDGEMENT RE: BROCK SPA Unit #12, 1600 Alliance Road, Pickering, Ontario I, , am the owner of storage Unit~#/~' at 1600 Alliance Road, Pickering, Ontario, L1W 3V2. I hereby acknowledge that I am content that the Brock Spa, operated by Anna Trojanowska, located at Unit #12, 1600 Alliance Road, Pickering, Ontario, LlW 3V2, continue to operate on these premises. Dated at/f/:~J'/{ this ~ ~/day of ,2005. Signature of Owner Name (printed) of Owner I ATTACHMENT #-~ TO REPORT #~'-~ ,~ ~ ~- SCHEDULE 'B' TO BY-LAW 5764/00 DEFINED AREAS WHERE A BODY RUB PARLOUR MAY OPERATE LAKE ONTARIO ATTACHMENT TO REPORT #~ ~: ~' ~' ~- ! ! ALLIANCE 0 1600, 0 UNIT 12 n-' PLUMMER BAYLY STREET City of Pickering Planning & BAYLY STREET Development Department PROPERTY DESCRIPTION DCC 89 UNIT # 12 OWNER R. SIERECHON FILE No. BY-LAW AMENDMENT DATE JUNE 21,2005 DRAWN BY JB SCALE 1:5000 CHECKED BY BT sources Terunet £nterpriles Inc. ond ira .uppherac All r~ghte.. F~eaer_v,e_d.. Not cJ plon of eu~ey. PN-3