CITY CLERK

Clause embodied in Report No. 8 of the North York Community Council, as deferred by the North York Community Council at its meeting held on July 22, 1998.

30(b)Street Vending Permit Application No. 97 - The Donway East - Don Parkway.

The North York Community Council reports having deferred consideration of the following to its next meeting scheduled for September 16, 1998:

(i)Report (July 10, 1998) from the Deputy Commissioner of Transportation, North York Civic Centre, recommending that the Commissioner of Works and Emergency Services be directed to issue a permit for the sale of hot dogs and sausages within the municipal boulevard adjacent to Don Mills Collegiate Institute; and

(ii)Communication (July 21, 1998) from Mr. Sunny Chhabra, Barrister and Solicitor, expressing his opposition to the manner in which this matter has been dealt with by the City of Toronto.

July 10, 1998

To:Chairman and Members of the North York Community Council

From:Roberto Stopnicki

Deputy Commissioner of Transportation

North York Civic Centre

Subject:Street Vending Permit Application No. 97: The Donway East

North York Don Parkway

Purpose:

To consider an appeal of a decision by the Transportation Division of the Works and Emergency Services Department to refuse an application by Daniela Dimitrova for a street vending permit to sell hot dogs and sausages on The Donway East, adjacent to Don Mills Middle School and Don Mills Collegiate Institute.

Source of funds:

No funding is required.

Recommendation:

That Council direct the Commissioner to issue a permit for the sale of hot dogs and sausages within the municipal boulevard adjacent to the Don Mills Collegiate Institute.

Background:

The North York Transportation Department received an application on October 16, 1995, from Mr. Nikolay Boyanov, for a Street Vending Permit to sell hot dogs and sausages at a location adjacent to the Don Mills Middle School and Don Mills Collegiate Institute. Based on the concerns of the former City of North York Councillor Don Yuill that the proposed vending location was too close to the school, the application was refused. No appeal was issued by the applicant.

The Transportation Division recently received two applications for a permit to sell hot dogs and sausages from the municipal boulevard adjacent to the Don Mills Collegiate.

The first, application number 97, was received on March 3, 1998. Staff reviewed the application and had determined that there was sufficient space within the municipal boulevard to accommodate the request and that the location would not create a pedestrian impediment or sight obstruction. Further to the requirements of By-Law No. 32100 of the former City of North York, the Public Health Department, Public Works Department and local Councillors were contacted for comments regarding the application. The Public Health and Public Works Department, as well as Councillor Gordon Chong, had no objection to the issuance of a permit. Councillor Denzil Minnan-Wong, as a result of an objection from Mr. Cam Pinkerton, Principal, Don Mills Middle School, objected to the application. As a result, the permit was not issued.

A second application, number 98, was received on March 31, 1998. As with all applications, the location was determined to be appropriate and comments were requested. As no objections were received from the appropriate departments or local Councillors, the application was approved.

Discussion:

With the formal notification of the refusal of application number 97 the applicant, Ms. Daniela Dimitrova, provided a formal request to appeal the decision of this department. Based upon the provision of By-Law No. 32100, an applicant may, where an application has not been approved, give notice to the Commissioner that they desire Council to consider the application. Should Council direct, the Commissioner will issue an appropriate permit.

Conclusions:

It is the conclusion of staff of the Transportation Division that the issuance of two(2) vending permits within the municipal boulevard adjacent to the Don Mills Collegiate Institute will not create a pedestrian impediment, sight obstructions or create traffic operational concerns on The Donway East.

Contact Name:

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

Deputy Commissioner of Transportation

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