February 19, 1998
To:Toronto Community Council
From:Lesley Watson, Director, By-law Administration and Enforcement, City Works Services
Subject:Appeal of Denial of Application for a Boulevard Cafe - Marjory Street Flankage of 1021 Gerrard Street East
(Ward 25 - Don River)
Purpose:
To report on the business owner=s appeal of staff=s refusal of an application for a boulevard cafe on the Marjory Street
flankage of 1021 Gerrard Street East, because of a negative public poll.
Funding Sources, Financial Implications and Impact Statement:
Not applicable.
Recommendation:
The Toronto Community Council may recommend that:
(1)City Council approve the application for a boulevard cafe on the Marjory Street flankage of 1021 Gerrard Street East,
notwithstanding the negative result of the public poll, and that such approval be subject to the applicant complying with the
criteria set out in ' 313-36 of Municipal Code Chapter 313, Streets and Sidewalks;
OR
(2)City Council deny the application for a boulevard cafe on the Marjory Street flankage of 1021 Gerrard Street East.
Background:
The Toronto Community Council, at its meeting of January 21, 1998, in considering a communication (October 12, 1997)
from Ms. Kerri Larson on behalf of Mr. Dong Manh Nguyen, asked me to report on his appeal, as a deputation item.
Comments:
Mr. Dong Manh Nguyen, owner of King=s Muffins, 1021 Gerrard Street East, Toronto, Ontario M4M 1Z6, submitted an
application on May 23, 1997, requesting a licence for a boulevard cafe on the Marjory Street flankage.
The proposed cafe area is approximately 34.6 sq. m., as shown on the attached sketch (Appendix >A=). It can
accommodate 8 tables, with a potential seating capacity of 32 people.
This application meets the physical criteria for boulevard cafes set out in ' 313-36 of City of Toronto Municipal Code
Chapter 313.
As the proposed cafe is within 25 m of a residential zone, the Municipal Code requires a public poll of owners and tenants
within 120 m from the proposed cafe. If the majority of the ballots cast are in favour of the application, the application is
approved. If the majority are opposed, the Commissioner must deny the application. If there is a negative response,
re-polling for the same purpose may not take place until 2 years have passed from the closing date of the previous poll.
A poll dated July 4 to August 5, 1997 was conducted on the east side of Marjory Avenue between Nos. 39 and 77 and on
the west side of Marjory Avenue between Nos. 46 and 76, including 1011 Gerrard Street East to determine neighbourhood
support. The poll was conducted in English, French, and Chinese as requested by the former Councillor (i.e. every person
polled received the ballot form in 3 languages). The results of the poll were as follows:
Polling Summary
Mr. Nguyen was advised in writing that given the negative poll, a licence could not be issued.
Staff cannot issue Mr. Nguyen a licence for a boulevard cafe on the Marjory Avenue flankage because the poll result was
negative. I am satisfied that the public poll was conducted properly.
On hearing the deputations, the Toronto Community Council must decide whether or not to recommend that City Council
grant the appeal.
