21 May 1998

 To:Chairman and Members of the North York Community Council

 From:Jim Kinrade,

Commissioner of Transportation

North York Civic Centre

 Subject:Boulevard Leasing Café: Hollywood North Restaurant/Bar, 4973 Yonge Street

 North York Centre

 Purpose:To determine the appropriateness of an application from, Hollywood North Restaurant/Bar, to lease a portion of the municipal boulevard for the purpose of operating an outdoor café.

 Source of funds:

 No departmental funds are required as all associated costs for the boulevard café are the responsibility of the applicant.

 Recommendations:

 It is our recommendation that the application to lease a portion of the boulevard located on the south side of Hollywood Avenue adjacent to 4973 & 4975 Yonge Street be approved, subject to the following conditions.

 1.Any structure erected on the boulevard is to be of a nature which can be readily removed, should the need arise;

 2. That the boulevard café be accessible to the disabled;

 3.An anchored portable railing be placed around the proposed café area;

 4.That the applicant enter into an agreement to indemnify and save harmless the City of Toronto from any action, claim, damage or loss whatsoever arising from the issuance of the licence or the use to be provided or anything done or neglected to be done in connection with the said use; and

  5.The provision of $2,000,000 (two million dollars) of liability insurance, naming the City of Toronto as co-insured.

  Council Reference/Background/History:

 In accordance with the Boulevard Leasing Policy for the former City of North York, staff has reviewed the application to lease a portion of the municipal boulevard on the south side of Hollywood Avenue.

 Discussion:

 A review of the site has indicated that sufficient space is available within the municipal boulevard

to accommodate this request. The location applied for does not create either a pedestrian impediment or sight obstruction. The boulevard café will occupy an area of approximately 39.7 m5 and will be setback 2.1 metres from the municipal roadway, and .61 metres from the asphalt municipal sidewalk.

 Councillor's John Filion and Norm Gardner have indicated their support of the application subject to the applicant ensuring that the café is accessible to the disabled.

 The applicant has been advised by staff of the Works and Emergency Services Department that once the adjacent vacant lands are developed, a traditional 2.0 metre sidewalk will be constructed. The construction of the sidewalk will significantly impact on the boulevard café.

 The leasing fee, based upon the 1998 road allowance leasing rates as established by the City of Toronto, North York District, Finance Department, will be obtained from the applicant prior to the enactment of the lease agreement.

 Conclusions:

 I would recommend that the above application to lease a portion of the municipal boulevard be approved.

 Contact Name:

 Mr. Michael Frederick, Director of Operations, at 395-7484

  Commissioner

 JS:sf