The Wellington Diner one step closer to getting patio
After two years of trying, the current owner of a diner on Wellington Street West received the green light to open a patio from the planning committee Tuesday morning, despite opposition from the next door neighbours.
Carolyn Kearney, who lives next door to The Wellington Diner on Western Avenue, has serious health issues and is legally blind. Among other things, she says she's very sensitive to noise, which is why she and her wife Geena Green have been fighting the patio for almost 20 years, although the diner was owned by a different person back then.
Twice, the neighbours have been successful in opposing the patio at the committee of adjustment, which is an appointed group that deals with minor changes to zoning. As well, the Ontario Municipal Board also ruled against the patio many years ago.
Although the diner is on Wellington Street West, the patio is located on the corner on a residential street.
The city's patio bylaw calls for commercial patios to be located at least 30 metres from the nearest home. Kearney and Green, plus a number of other neighbours, argued that the city's planning staff, which recommended allowing the patio, didn't lay out a convincing rationale as to why the diner owner should be given an exemption at the cost of Kearney's health.
"The bylaw we're dealing with is to protect the most affected residents," said Kearney, who hired a development consultant, lawyer and noise engineer to help make her case.
Community largely in favour
But Jeff Leiper, who is the councillor the area and sits on the planning committee, said that most of the people he's heard from about the patio are in favour of it.
He pointed out that the patio has been dealt with by other boards before, but those were "unelected, unaccountable" bodies. This was the first time councillors have debated the issue.
"This part of Wellington West has evolved a lot in 20 years," said Leiper.
It's not a quiet place anymore, he said, and he doesn't think a 24-seat patio will exacerbate the existing noise.
Diane Kirkpatrick lives in a condo on Parkdale Avenue, which is walking distance to the diner. She said condo and apartment dwellers need patios to be able to spend time outdoors, adding that "patio demand exceeds supply on a nice day."
Leiper also said that he will push for limits on the patio, such as no amplified music and earlier closing hours than usual.
Riley Brockington was the only councillor who voted against the patio, saying he did not believe diner owner Jeff Frost had committed to building proper noise barriers, although Frost has said he'd construct "anything" that the next door neighbours required.
After 90 minutes of discussion at planning on Tuesday, the issue will now move to full council at its July 12 meeting.
