It looks like a chip wagon will soon become part of the downtown here after all.
Despite additional letters of protest, three pages worth to be exact, councillors conditionally approved the application of Philip Green and Roxanne Caughill.
Their property is at the south end of Kenilworth on the east side of Highway 6, and had been under a designation restricting the property’s use to one residence and an antique store.
Part of council’s decision came following a response from the Ministry of Transportion that it is satisfied the proponents had sufficient setback for people to park on the property, rather than along Highway 6.
Caughill had estimated that there is enough onsite parking for 30 vehicles.
The letter from Corridor management planner Ian Smyth stated, “The Ministry has no further concerns with this minor variance application. Building/land use, sign and entrance permits are required from the ministry for the establishment of a chip wagon on the property.”
The issue was discussed at a previous council session, and deferred pending comment from the MTO.
Planner Mark Van Patter said two items had changed regarding the application since that meeting. There were two letters from the MTO – one from the previous Friday and a subsequent one the day of the meeting.
The first noted the need for sufficient parking and a setback of 14 metres, plus permits would still be needed from the ministry.
The second letter stated an understanding there is plenty of room for parking and to have the business back from the road.
MTO?permits are still required in any event, Van Patter said. However, he was unaware of further information from the Health Unit. “I know most chip wagons do not require a washroom.”
But, he said, the Health Unit has its own regulations and the proponents would need to meet them.
He suggest the municipality could make the variance conditional on meeting those requirements.
In terms of zoning and licencing, Van Patter said chip wagons are normally permitted in commercial zones, “It’s a type of restaurant.”
He said there is an annual $75 licence requirement.
“If you are applying for a chip wagon in a commercial zone, it’s permitted as a right.”
He used the example of the now vaccant lot at the northwest corner of the Kenilworth intersection. “It’s zoned as hamlet commercial, so a chip wagon would be allowed there. But they would still have to come to the township for a licence and to meet its requirements.”
He believes the issue of compatibility remains important. Even though surrounded by residential properties, some are separated by a provincial highway, and the site plan proposed buffering.
He also said it was his understanding this particular chip wagon operated in Arthur for several years.
“I expect you have fairly good ideas whether there were issues in the past with its operation.”
CAO/Clerk Loir Heinbuch noted three more pages of petitions of protest had arrived at the municipality. Those were in addition to the ones already recieved.
Mayor Mike Broomhead said council had already heard arguments for and against, but welcomed new information.
Lorna Wilson, of the Kenilworth restaurant, said that in speaking to the restaurant’s water inspector, she was told any water must be tested and inspected – and any neighbour providing water could be held liable if someone got sick.
Van Patter said Health Unit approval is needed for serving food.
Green argued that water is not used in the food preparation in a chip wagon.
“All their stuff is sealed in bags and the only time they use water is to wash up the utensils they use.”
The intent, he said, is to take those utensils home to Arthur, to wash them using Arthur municipal water, and/or bring an 18 litre jug dispenser, which would be filled with Arthur municipal water.
Co-owner Green said they were told by the Health Unit “It was specified that municipal water must be used for food prepartion.”
Broomhead said it is the Health Unit that makes that judgement.
Although councillor Ross Chaulk made comments regarding the proposal, he withdrew from the vote because he was one of the people who signed the petition protesting the venture.
He said “I drive by there everyday . . . My big concern is the traffic. There are already people parking on the shoulder of the road in front of the antique store on weekends . . . And you don’t even have a chip wagon there yet.”
Caughill said those vehicles are not people coming in to their establishment.
Chaulk replied, “But they are right next to your driveway . . . so I can only assume . . . Having said that, I’m going to exclude myself from voting because I signed the petition.”
Councillor John Matusinec again asked if approval could be on a one-year trial baiss, to see how things turn out the first year. “If everything goes well, it could be permanent.”
Van Patter said minor variances can be conditional.
He said conditions can include the MTO and Health Unit requirements.
Council later approved a minor variance conditional that it meet with the site plan previously provided to council.
Broomhead said once the conditions are met, the proponents are welcome to apply.
The decision still has a 20 day appeal period.
