April 22, 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 - George Street Flankage of 185 King Street East (Downtown)

Purpose:

To report on the business owner=s appeal of staff=s refusal of an application for a boulevard cafe on the George Street flankage of 185 King Street East, because written objections were received in response to the public notification. As this matter is of public interest, it is scheduled as a deputation item.

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 George Street flankage of 185 King Street East, notwithstanding the negative response to the public notice, 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 George Street flankage of 185 King Street East.

Background:

Mr. Daniel Johnson, in his letter of March 5, 1998 (Appendix >A=), has requested an appeal of staff=s decision to refuse an application for a boulevard cafe on the George Street flankage of 185 King Street East.

Comments:

Mr. Daniel Johnson, agent on behalf of Starbuck=s Coffee Company, 65 Queen Street West, Suite 1506, Box 26, Toronto, Ontario M5H 2M5, submitted an application on May 9, 1997, requesting a licence for a boulevard cafe fronting 185 King Street East and on the George Street flankage.

The application met the physical criteria for boulevard cafes set out in ' 313-36 of City of Toronto Municipal Code Chapter 313 and a notice was posted on June 20, 1997, for 14 days, to determine neighbourhood support. Prior to the expiry date of the notice, the Department received two (2) letters of objection (Appendices >B= and >C=).

Generally, the concerns relate to the additional noise, loss in pedestrian sidewalk space and garbage. As well, there is a concern that disabled persons, visiting other businesses in the area, will have difficulty manoeuvring their wheelchairs past the cafe enclosure and over the brick sidewalk.

In order to address some of the concerns raised, Mr. Johnson has indicated that Starbuck=s is no longer interested in pursuing a boulevard cafe licence fronting 185 King Street East and also has reduced the size of the cafe area requested on the George Street flankage. The revised cafe proposal is approximately 17.5 sq. m., as shown on the attached sketch (Appendix >D=). It can accommodate 4 tables with a potential seating capacity of 16 people. In addition, in order to facilitate pedestrian movement in the vicinity of the proposed cafe, the applicant will be required to pay for the removal and relocation of 2 bike ring-and-post installations.

Mr. Daniel Johnson was advised in writing that we could not issue a licence because of the negative response to the public posting.

Conclusions:

Staff cannot issue Mr. Johnson a license for the cafe on the George Street flankage because of the negative response to the public posting.

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

JM/jm

Attach

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