City of Powell River Council has given approval for renewal of a temporary use permit at Townsite Brewing to permit continued use of its outdoor patio.
At the December 7 city council meeting, planner Rachel Pukesh said on February 18, 2021, council considered and approved temporary use permit 001 for a three-year term for the patio, which will expire on February 18, 2024.
“The Local Government Act legislation allows a permittee to apply for a one-time renewal of a temporary use permit for a term of up to three years and that is what Townsite Brewing has applied for,” said Pukesh. “If approved by council, temporary use permit 001 would have a final expiration date of February 18, 2027.”
Pukesh said the conflict with the zoning bylaw that exists between the outdoor patio, the brewery and the mill-town centre zoning is a restriction that all commercial activities must occur in a fully enclosed building. She said the temporary use permit allows the outdoor patio to operate on the front sidewalk of the brewery. She added that it was required under the liquor and cannabis regulation branch’s (LCRB) temporary expanded service area program.
“The program, as you may recall, was an initiative that was intended to support businesses in continuing to operate safely during the COVID-19 pandemic,” said Pukesh. “Since then, Townsite Brewing has received approval from the LCRB to make the patio a permanent licensed service area. Therefore, from the LCRB’s perspective, this patio is no longer a temporary use.
“However, staff are putting this permit renewal in front of council and are recommending it be approved.”
Pukesh said council has directed planning staff to undertake a comprehensive rewrite of the city’s official community plan (OCP) and with it there will be complementary updates to the zoning bylaw. She said the OCP rewrite process will involve significant public consultation and staff intends to include broad community conversations about how outdoor and public spaces could be better utilized, and how and where they should be regulated.
She said as a new OCP and zoning bylaw are expected to be completed prior to the 2027 expiration of the temporary use permit, staff is suggesting a renewal to provide Townsite Brewing with the surety it requires to continue operating, but the OCP and zoning process will detail whether it should be permitted after the expiration of the temporary use permit.
“Since this patio was established, staff have received no complaints from the public with respect to noise, parking, or other disturbances,” said Pukesh. “Therefore, staff have provided with the report a draft renewal permit suggesting no amendments to the original permit and no additional conditions.”
Councillor Cindy Elliott said it would be her preference to forward the decision to city council’s December 21 meeting just to give the public a chance to provide comment.
Pukesh said she had confirmed with bylaw staff that in the almost three years since the permit was issued, there have been no complaints.
“We are not aware of any compliance issues with respect to the LCRB approval and the fire department also has no issues,” said Pukesh.
Council carried the motion to allow for the renewal of the temporary use permit, with Elliott opposed.
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