March 10, 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 - De Lisle Avenue Flankage of 1510 Yonge Street (Ward 23
- Midtown)
Purpose:
To report on the business owner=s appeal of staff=s refusal of an application for a boulevard cafe on the De Lisle Avenue
flankage of 1510 Yonge Street 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 De Lisle Avenue flankage of 1510 Yonge Street,
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 De Lisle Avenue flankage of 1510 Yonge Street.
Background:
The Toronto Community Council, at its meeting of January 21, 1998, in considering a communication (December 19,
1997) from Mr. Tony O=Donohue, acting on behalf of Mr. Craig Findlay, CEO, Koo Koo Roo Canada Partners Ltd., asked
me to report on his appeal, as a deputation item.
Comments:
Mr. Paul Sipos, 120 Adelaide Street West, Unit # 2150, on behalf of 1170060 Ontario Ltd/Koo Koo Roo Canada Partners
Ltd., o/a Koo Koo Roo California Kitchen, submitted an application on June 17, 1997 requesting a licence for a boulevard
cafe on the De Lisle Avenue flankage of 1510 Yonge Street.
The proposed cafe area is approximately 54.7 sq. m., as shown on the attached sketch (Appendix >A=). It can
accommodate 12 tables with a potential seating capacity of 49 people.
The application met 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 25 to August 25, 1997 was conducted on De Lisle Avenue between Nos. 10 and 40 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
Mr. Findlay was advised in writing that given the negative poll, a licence could not be issued.
In his letter, Mr. O=Donohue suggests that the neighbours may be more receptive to an outdoor cafe, following the 6
months operational experience of Koo Koo Roo at this location.
Staff cannot issue Mr. Findlay a licence for a boulevard cafe on the De Lisle Avenue flankage of 1510 Yonge Street
because the poll result was negative.
On hearing the deputations, the Toronto Community Council must decide whether or not to recommend that City Council
grant the appeal.
