June 2, 1998

 To:East York Community Council

 From:Richard Z. Tomaszewicz, Commissioner of Development Services, East York

 Subject:Street Vending Permits at Wicksteed Avenue and Brencliffe Road, and

at Bermondsey Road and Cranfield Road

 Purpose:

 This is to report to the June 24, 1998, East York Community Council meeting. The applicant would like to obtain a street vending permits for the vicinity of Wicksteed Avenue and Brentcliffe Road, and at Bermondsey Road and Cranfield Road.

 Financial Implications:

 There is a $200 application fee and a $1,500 yearly permit fee for the right to operate a portable hot dog vending unit in the City's boulevard area. If the boulevard area is not hard surfaced the applicant will be required to pay for the construction of a concrete pad as specified in the By-law.

 Recommendations:

 "That this report be received for information."

 Background:

At the end of last year, the applicant, Mr. Corrado Salonia, applied for hot dog vending permits for the vicinity of Wicksteed Avenue and Brentcliffe Road, and at Bermondsey Road and Cranfield Road.

Since the applications meet the requirements of the street vending By-Law No.18-97, the Borough Clerk was asked to notify owners and occupants within sixty (60) meters of the proposed locations. Letters of objection were received from the owners and occupants near both locations. The applicant was notified of the objections, and the permits were refused on January 14, 1998 as per the By-Law. A letter dated February 13, 1998 was sent by the applicant's lawyer, Mr. Michael M. Doyle, indicating that he had been instructed to appeal the decision and that he would forward a letter of appeal to the Commissioner of Development Services. In April a letter of appeal was received stating the grounds for appeal at both locations.

 Discussion regarding the Wicksteed Avenue and Brencliffe Location

The objections raised by the owners and occupants of the Wicksteed Avenue and Brentcliffe Road Area are as follows:

• Mr. Stan Klees and Mr. Walter Grealis, K & G Holdings, 6 Brentcliffe Road, are concerned about the possible illegal parking on their property, as well as their tenant, Donway Restaurant, losing business from a hot dog vender located approximately sixty (60) feet away;

• Mr. Yoon Hyun Cho, Donway Restaurant, 6 Brentcliffe Road, is worried about losing business;
• Mr. R. Benson, 119 Vanderhoof Avenue, is concerned that the intersection is too busy for a hot dog vender;

• Ms. Eileen Oliver, AGL (Assignment Graphics), 109 Vanderhoof Avenue, is worried about the traffic problem, but does not object to the hot dog vending;

• Mr. Paul Benedetto, Kosmor Construction Inc., 154 Wicksteed Ave., is concerned about vehicles parking for the purpose of obtaining a hot dog; and,

• Mr. B. Borsook, Parkhurst, 20 Research Road., is concerned that this may hurt the general appearance and cleanliness of the neighbourhood.

 The letter of appeal presents the following arguments to the objections raised:

• the objections by the landlords and owner of the Donway Restaurant suppress healthy competition;

• the area can support another food service; and,

• the potential traffic problem may not be accurate and objective.

  The street vending By-Law requires that a portable unit may not be located less than twenty-five (25) meters from any business which sells to the public products that are similar. In this case the vending unit would be located at a of approximately forty-five (45) meters or 150 feet.

We have also considered the impact that the vending activity would have on traffic flow at this intersection, as well as the proximity of the bus stop and do not anticipate any restrictions in flow.

  Discussion regarding the Brentcliffe Road and Cranfield Road Location

The objection raised by the owners and occupants of the Bermondsey Road and Cranfield Road Area is as follows:

• Mr. Georges Bouchard, Christie Brown & Co. ( Peek Freans Company), 5 Bermondsey Road, is concerned about traffic flow at the intersection with the potential for a serious accident, as well as, the interference of the business operation when cars stop in the parking lot.

 The letter of appeal presents the following arguments to the objections expressed:

• Another hot dog vender has been operating illegally at the intersection. The City would benefit from the permit fee as well as license an individual who has respect for commercial activity as well as the law; and,

• The potential traffic problem is unwarranted since Christie's does not cite any actual traffic problem.

 While the traffic flow can be heavy at times with a significant amount of trucks, we do not anticipate any additional restictions since we are aware that a hot dog vender has been doing business illegally at this location for a number of years. It would be simpler for the City to control and regulate a licensed vendor if any complaints should arise.

All permits shall be due for renewal on April 30, 1999 which coincides with the permits issued by the former City of Toronto.

 Conclusions:

Since the applications meet the requirements set out in the By-Law, the Municipality notified the people affected in the area. Based on the letters of objection received, both applications were automatically refused as per the By-Law.

 The Commissioner is required to report to Council when the applicant appeals a staff decision. If Council sees fit to grant these applications, we shall monitor the vending activity closely, and if there is a problem the permits may be taken away at any time or simply revoked in a year's time.

 Contact Name:

 Frank Pugliese

Coordinator of Engineering Services

East York Office

Telephone No.:(416)778-2226

Fax No.:(416)466-9877

 Richard Z. TomaszewiczBarry H. Gutteridge

CommissionerCommissioner

Development ServicesWorks and Emergency Services