By John Chenier
The City has amazing plans for what it terms Ottawa’s “major tourist destination”, the ByWard Market. A recent document describes the area as “containing one of the oldest public markets in Canada, a mix of land uses, nightlife, outdoor vendors, courtyards and quaint streetscapes.” As part of the Public Realm Initiative, it is seeking proposals for the redevelopment of the parking garage at 70 Clarence Street that would “reinforce the unique heritage character of the ByWard Market.”
Sylvie Grenier has served as the liaison for the Lowertown Community Association (LCA) on the revitalization of the Market district for the past seven years. As far as she is concerned, it is like there are two different governments inhabiting City Hall: one says one thing while the other does the opposite.
Twenty years after amalgamation, the City continues to show no understanding of the difference between the needs and issues of urban, suburban and rural areas through its adoption of city-wide, one-size-fits-all approach to policies.
“Take the case of patios,” she says. “The by-laws on ROWs patios, signage on public and private property are all the same across the city. The rules are the same for a patio in a heritage conservation district as for a patio in a strip mall adjacent to a highway, a major arterial or a large parking lot.”
For the past two years, special measures (Patio Innovation Program )have been adopted to help restaurants and bars survive through the pandemic. These include closing sections of roads for patio expansions, extending the closing time for all patios and lifting the distance restrictions between patios and residential areas.
She adds:
Allowing patios to operate all year long created the condition for building an enclosed structure such as the one at 81 Clarence.
According to Sylivie Bigras, co-president of the LCA , “Even if this “patio” structure meets bylaws or is allowed some exceptions, does the City really want this ‘look’ on Clarence street?”
What about the little Vietnamese restaurant right next to it, Saigon – their patio will be greatly affected by the wall that dominates the western exposure. …As in much of what impacts Lowertown and the Byward Market, I think we need a thoughtful discussion on the big picture before allowing these types of exceptions to take away from the historic beauty of the area.
The Echo approached Councillor Fleury on the matter, who in turn directed us to the Planning Department. Planning subsequently turned the matter over to the media relations office. In the end, the Echo submitted seven questions it wanted answered.
Seven Questions
1) Does this structure, as it is, qualify as a patio?
2) Are we to assume that all the businesses along Clarence St are permitted to erect similar structures?
3) The structure has been there since the Fall of 2020. If it is allowed under special COVID measures, how long will it be allowed to remain in place?
4) Is the signage currently affixed to the structure consistent with signage bylaws in the ByWard Precinct?
5) Overall, does this structure comply with all City bylaws with respect to building, health, safety, accessibility and aesthetics?
6) Does it conform to the requirements or expectations of, or belong in, the Heritage Conservation District which the city hopes to promote as a major visitor attraction?
7) If the answer to question 2 is yes, would there be special fire regulations that come into play re fire walls for these structures?
The response
Court Curry, Manager, Right of Way, Heritage and Urban Design Services, provided these answers on behalf of the City.
A building permit was issued in November of 2020 to ‘construct a roof structure over the front patio of a restaurant (Back to Brooklyn Restaurant)’. The requested roof structure was considered to form part of a patio and is required to have a valid right-of-way (ROW) patio permit for the duration of its existence within the City’s ROW. As long as the business maintains a valid ROW patio permit and is compliant with all relevant by-laws and legislation, the structure will be permitted to remain. The signage currently affixed to the structure does not contravene the Right of Way Patio By-law and is considered incidental to the business.
The structure has been inspected by the area building inspector and was found to be in general conformance with the approved permit drawings. The inspector and public realm permit staff are currently following up on some minor deviations from these drawings and the ROW Patio By-law to confirm compliance.
If adjacent businesses along Clarence desire to have a roof over their patio, they can obtain a building permit by applying, and submitting all the necessary documentation showing compliance to the Zoning by-law, and Ontario Building Code.
The Heritage Planning Branch is not typically involved in review of right-of-way patios as they are considered temporary in nature. That being said, with the pandemic, some patios have become larger and more permanent in appearance. As a result, over the next few months the Heritage Planning Branch will be reviewing our approach to right-of-way patios as we move out of the pandemic. This will also be coordinated with the ByWard Market HCD Update project as well.
You be the judge.
Is this the type of patio and quaint streetscape visitors and residents would expect to see in the showcase, historic district of the nation’s capital?