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Whitby I-ree Press, Wednesday, April 21. 1993, Page 21 BïMark Reesor Whitby s operations committee has put off' a decision on whether te allow a local student tb operate a hot dog cart at a Brock Street South variety store. Terry Yun ran the cart last summer at the Dairy Milk Plus store, owned by father Bermie. He appfilied for a "refreshment vehicle icense" last July after being told him he must have one te operate legally, but the Town turned him down. McDonald's location FROM PAGE 1 Monday, the committee was satisfied that their desire for an attractive building had been met. However, as ail Whitby councillors learned last week, a dispute involving the Town, the p roperty owner and the Ontario Mistyof Transportation has not yet been resolved. A nurnbered company (639373 Ontario Ltd.) now owns the vacant parcel of land intended for the restaurant. The company plans te selI the 4,602-sq. metre property to McDonald's se that it can build another outlet to compliment the one it has on Thickson* Road South. But last fali the developer filed an appeal with the 0MB to protest the length of time the Town was taking to process the application. T'he -board has scheduled a hearing on te matter for May 3. Witby planning directer Bob Short told the Free Press tliat vehicular access to the site and preparation of a satisfactory sterm. water management report by the developer are the two issues which will be dealt with at the hearing. According to a planning departmnent report, the access problemn stems from,, surplus transportation' ministry lands imniediately to the south of the Te ministry refuses to convey art of the land it owns to the ewn so that a cul-de-sac could be built between the restaurant and other property owned by the developer to the east. Ministry officiais believe that conveying -a portion of their land would devalue the property on the open 'market, the report states. The niinistry also does not want access to Consumers Drive by way of a right-of-way or ense- ment, the report adds. As for the sterm water pro- bleni, the report notes that exist- ing storm sewers do not have the capacity to accomodate runof froni future development. in the area. A building permit cannot be issued until this problem has been addressed, the report states. Barry Evans, the lawyer for the developer, did net wish te attribute blame to any one party for the delay in approving the 1tikalparties have been working diligently towards a solution " he said. But Ëvans did note that the A bylaw prohibits eperating a refrehment vehicle cloer than 30 metres te, a a restaurant -or residential zoned property, says Town clerk Don McKay, who notes the Dairy Milk Plus pro- pryis enly 27.4 metres wide, making it impossible for the cart to be 30 metres away from, an abutting residential lot te, the east. The Yuns submitted a 382- namne petition in February ask- ing the Town te grant thiem a license and the matter was sent te committee. McKay says the Town has two choices -- turn down the license application as recommended, or amend the licensing bylaw, which would change the rules for ail refreshment vehicles in the tewn. That's not true, argued the Yuns' lawyer, Rob Morton. He teld committee that Yuns' cart is not covered by the bylaw since refreshment vehicles "propelled or driven b y nuscular power"i are exempted from the bylaw. Failing that, he says the bylaw allows t he Town to make excep- tions for specific cases. McKay again disagreed, saying the "muscular power» exemption was to allow human-powered, prtable vehicles, such as a Diekie Dee ice cream cart -- not a heavy cart which is generally left in the sanie place ai1l day. As for making exceptions, McKay says that clause was in- cluded in the bylaw te allow FOR THE NEW OR EXPERIENCED POOL OWNERS We are proud to introduce MR. JOHN ZIMMERMAN Canada's foremost pool educator HELD AT "THE POLISH VETERANS HALL" 1551 Stevenson Road North, Oshawa Thursday, April 22nd ai 7:30 pm FREE COFFEE AND COOKIES Learn how to open and maintain your pool properly and save money. EVERVONE WELCOME BRING A FRIEND. c In o > e!o E E Taunton Rd. West1 1 1 133 aun o c. .Oshw- 5 s 5 oz. TEXTURE SAXONY $IL4@o per square yard 60Ooz TEXTURE SAXONY $19.95 per square yard 10 year wear warrarty 10 year stain warranty 5,year anti-matting & crushing warranty Many in Stock Vînyl Specials! MIDWAYI I iAAfX5ET1 council to issue special occasion permits. 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