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 - Logan Avenue Flankage of 889 Queen 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 Logan Avenue
flankage of 889 Queen Street East.
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 Logan Avenue flankage of 889 Queen 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 Logan Avenue flankage of 889 Queen Street East.
Background:
The Toronto Community Council, at its meeting of January 21, 1998, in considering a communication (July 12, 1997) from
Ms. Kerri Larson acting 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, 889 Queen Street East, Toronto, Ontario M6K 2E2, submitted an
application on May 6, 1997, requesting a licence for a boulevard cafe on the Logan Avenue flankage.
The proposed cafe area is approximately 14.67 sq. m., as shown on the attached sketch (Appendix >A=). It can
accommodate 3 tables, with a potential seating capacity of 12 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 June 10 to July 10, 1997 was conducted on the east side of Logan Avenue between Nos. 203 and 247 and on
the west side of Logan Avenue between Nos. 206 and 240 to determine neighbourhood support. The poll was conducted in
English and French as requested by the former Councillor (i.e. every person polled received the ballot form in 2 languages).
The results of the poll were as follows:
Polling Summary
| Ballots cast
opposed19
in favour13 |
32 |
| No response |
81 |
| Returned by post office |
29 |
| Total ballots issued |
142 |
Mr. Nguyen was advised in writing that given the negative poll, a licence could not be issued.
Conclusions:
Staff cannot issue Mr. Nguyen a licence for a boulevard cafe on the Logan Avenue flankage because the poll result was
negative. I am satisfied the 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.
Contact Name and Telephone Number:
Ken McGuire, 392-7564
Director
SA/sa
Attach
(p:\1998\ug\cws\bae\to981019.bae) - ba
